Civil Engineering Practices CEE 485 (2-Unit) Lecture Period: Monday, 10-12 am Lecturer : Engr.(Dr).A.G.Adeogun, MNSE Contact Email: firstname.lastname@example.org, email@example.com Course Description • The course is designed to fulfill the requirement of CEE 485 by providing 30 hours of continuing education on ethics applicable to the practice of engineering profession. • The course is also essentially designed to abreast the students on extant Laws and the obligations reposed on engineers during practice. Course Description (Contd) • The course is also necessary for students to acquire needed background knowledge and exposure on professional civil engineering practices • To expose students to basic knowledge in the preparation of Bill of Engineering and Measurement (BEME) in order to function credibly in the planning and implementation of goods and services, as a contractor, a consultant, or a public civil servant Course Outline • Professionalism and Engineering Ethics Ethical Theories Concept of Ethics/ Codes of Ethics Professional Engineers Unethical Behaviour of Professional Engineers • Legal, professional and ethical aspects of engineering contracts and contract document including specifications • Tender : Definition, types , pros and cons and tender procedure in Nigeria Course Outline • Civil Engineering Quantities – standard method of measurements, applications of the classification of coding and numbering of items. • Bills of quantities. Civil engineering works standard and measurements. Contracts and sub-contracts. • Job planning and control - Programme charts - Bar charts. Critical path methods, PERT, Project Activities i.e.Activity on Node (AON) and Activity on Arrow (AOA) etc. • Construction machinery and equipment. Applications/Case study-dams, foundations, bridges, highways, industrial buildings, sewage works. Course Activities • • • • • Lectures Interactive sessions Take-home assignment Quiz Technical discourse Course Assessment • Class Test: • Attendance: • Examination: Total 25% 5% 70% 100% Engineering Ethics • All jobs that require higher standards of conduct are commonly referred to as professional job • This is in contrast to simple jobs or trades such as supermarket sales girl, bar or filling station attendants • As a professional, the society expects more care and protection from the people that imparts in their live and safety As engineering practitioners, we use our knowledge and skills for the benefit of the community to create engineering solutions for a sustainable future. In doing so, we need to strive to serve the community ahead of other personal or sectional interests. What is Ethics? Ethics is defined as the study of standards of conduct, moral judgment and moral philosophy. Engineering ethics is the field of applied ethics and system of moral principles that apply to the practice of engineering. The field examines and sets the obligations by engineers to society, to their clients, and to the profession Fundamental Principles Engineers should uphold and advance the integrity, honor, and dignity of the engineering profession by: 1.Using their knowledge and skill for the enhancement of human welfare and the environment; 2. Being honest and impartial and serving with fidelity the public, their employers and clients; 3. Striving to increase the competence and prestige of the engineering profession; and 4. Supporting the professional and technical societies of their disciplines. ( Source :ASCE) Ethical Theories There are 5 main ethical theories that is applicable to professions. • Virtue Ethics -emphasize the fact that character, whether good or bad defines a person • Utilitarian Ethics -focuses on the consequences of a person’s actions • Ethic of principle- This separates human beings from all other animals’ kingdoms. • Contract theory -actual agreement between human beings • Common sense- simply mean do onto other what you will want them to do for you. It mainly appeals to common sense. Professional Engineers • These are referred to as chartered and incorporated engineers in UK, professional engineer (PE) in USA and registered engineer in Nigeria. • Professional engineer have obtained some form of license or registered from a government agency (or charter granting authority) acting on their behalf. • In Nigeria this granting authority is COREN. As such in Nigeria they are subjected to regulation by COREN. • Professional engineer can also belong to other affliations and societies. For e.g. NSE, ASCE, etc. characteristics of a Professional • A core of basic knowledge and some advanced techniques are mastered before offering service to the society. • Recognition and approval by society as minimally competent to exercise this knowledge in a practical way. • Adherence to a code of ethics published by leading representative organizations. • Subjection to a governing body of peers who enforce provisions of an engineer’s practical act. • Accept a high level of responsibility for work completed personally or under direct supervision. Unethical Behavior of an Engineer • Gross negligence Reckless act of willful disregard for professional responsibility and determination of such requires experience, technical competence, and specialized knowledge of the profession and related standard • Duty of Care This is the duty of an Engineer (Employer) towards his Employee by making sure that reasonable care is taken. The scope of that duty extends to the provision of save fellow-servant, safe equipment, safe place of work and access to it, and save system of work. It is not enough for the master to show that there is danger on the premises of work , but he has the duty of ensuring that it is known and fully understood by the employee • Incompetence Incompetence is the demonstration of a lack of ability to perform functions of the profession, which may include actual design of structural members or air conditioning services require for a theater etc or a lack of understanding of basic principles. • Negligence the failure to do something which a reasonable person will do under normal circumstances. • Corruption in professional practices • Professional misconduct • Professional fraud • Incompetent professionals • Illegal professional practice • Criminal activity of professions • Professional intimidation • Professional harassment • Dangerous professional group • Abuse of professional status ENGINEERING CONTRACTS • • • • • • Definition Elements of Contract Classification of Contract Types of Contract Contract Documents What Constitutes a contract Documents? What is a Contract? • A contract is an exchange of promises between two or more parties to do, or refrain from doing, an act which is enforceable in a court of law • A contract is a binding legal agreement or set of promises which the law will enforce and also provides remedies for breaches of contracts Elements of a Contract • • • • • • • Offer and acceptance Consideration Mutuality of Obligation An intention to create legal relations Legal capacity Legality Formalities Offer and acceptance • One party must make an offer and the other party must accept that exact offer for a contract to be formed • The evidence on which contract formation is assessed is objective (i.e., would a reasonable person conclude that an offer and matching acceptance had occurred?) • Some contracts can be oral while others are not. Consideration • The price of the promise – both parties to a contract must bring something to the bargain • Can be either conferring an advantage on another party or incurring some kind of inconvenience or detriment towards oneself • The value exchanged need not consist of currency. Instead, it may consist of a promise to perform an act that one is not legally required to do or a promise to refrain from an act that one is legally entitled to do Mutuality of Obligation • both parties must be bound to perform their obligations or the law will treat the agreement as if neither party is bound to perform • When an offeree and offeror exchange promises to perform, one party may not be given the absolute and unlimited right to cancel the contract. Such arrangements attempt to allow one party to perform at her leisure, while ostensibly not relieving the other party of his obligations to perform Intention to be Legally Bound • There is a presumption for commercial agreements that parties intend to be legally bound (unless the agreement says otherwise) • Some types of agreements are unenforceable as a matter of public policy • Privity of contract – typically it is only the parties to a contract who can enforce it Legal Capacity • Persons contracting must not be under a legal disability, such as being minors or being adults who are mentally incapacitated • . A contract made by a minor is voidable at the minor’s discretion, meaning that the contract is valid and enforceable until the minor takes some affirmative act to disavow the contract. Legality In order to be enforceable, the purpose of a contract cannot be illegal or against public policy Formalities and writing • Most contracts can be formed orally, but some could not • For example: Contracts in consideration of marriage Contracts which cannot be performed within one year Contracts for the transfer of an interest in land Contracts by the executor of a will to pay a debt of the estate with their own money Contracts for the sale of goods above a certain value Contracts in which one party becomes a surety (acts as guarantor) for another party's debt or other obligation Contract Classification 1. Formal and simple contracts • Formal Contract: A contract under seal or deed which must be in writing or typed on paper. • Simple Contract: All contracts other than formal contracts are simple and may be in writing or may be verbal Bilateral and Unilateral contracts • Bilateral contract: The exchange of mutual, reciprocal promises between entities that entails the performance of an act. A bilateral contract is sometimes called a twosided contract because of the two promises that constitute it. The promise that one party makes constitutes sufficient consideration for the promise made by the other. • Unilateral Contract: A unilateral contract involves a promise that is made by only one party. The offeror (i.e., a person who makes a proposal) promises to do a certain thing if the offeree performs a requested act that he or she knows is the basis of a legally enforceable contract. • The performance constitutes an acceptance of the offer, and the contract then becomes executed Express and implied contracts • In an express contract, the parties state the terms, either orally or in writing, at the time of its formation. There is a definite written or oral offer that is accepted by the offeree (i.e., the person to whom the offer is made) in a manner that explicitly demonstrates consent to its terms. • In implied contracts, the terms are not expressly stated. It consists of obligations arising from a mutual agreement and intent to promise, which have not been expressed in words. • An implied contract depends on substance for its existence; therefore, for an implied contract to arise, there must be some act or conduct of a party, in order for them to be bound. Types of Contract • The major types of contracts for execution in most engineering works fall into two categories: • Firm price contract Bill of Quantities (B.O.Q) Contracts Lump Sum Contracts • Non-firm price contract Cost plus a fixed fee, Cost plus a fixed fee with guaranteed maximum price, Target price with incentive fee and penalty fee, and Turnkey projects. Firm Price Contract • • • • Bill of Quantities (B.O.Q) Contracts This is the most used form of contract for works in most engineering construction (Civil/Electrical/Mechanical Engineering). This type of contract actually makes use of a B.O.Q that is priced by the contractor or subcontractor. The B.O.Q. is prepared as accurately as possible with the description of item of work, the quantities of each item of work to be done against which the contractor enters a unit rate. The total sum gives the tender total or contract price which will be paid to the contractor in accordance with conditions of contract document. Firm Price Contract contd Lump Sum Contracts • The contractor undertakes to carry out a specified works for a fixed sum of money. • There is no B.O.Q provided. However the nature and extent of work are shown in the drawing while the material and workmanship are stated in the specification. This type of contract is suited for : 1) above –ground structures and clearly visible. 2) no serious or many alterations of work during construction. 3) scope of work can be precisely described in all its details Non Firm Contract 1 Cost Plus Percentage Fee Contracts • The contractor is paid the actual cost of work plus an agreed percentage of the actual or allowable cost to cover overheads and profit. It is very suitable in emergency when there is insufficient time to prepare a detailed scope of work before the work commences. Rehabilitation/renovation of building where the extent of work cannot be fore seen. In an area of limited knowledge, i.e. refinery, atomic/nuclear energy plants etc. • Disadvantages: 1) No incentive exists for contractor to reduce cost or complete on time. 2) It imposes an increased burden of monitoring and supervision on engineer. 3) It can be exploited by unscrupulous contractor to increase profit by delaying completion of works. 2. Cost Plus a Fixed Fee Contract • The contractor received the fixed actual cost incurred usually based on agreed estimated cost plus a fixed lump sum. • The fixed lump sum has been previously agreed upon and does not fluctuate with the final cost of the job. Although there is no real incentive for the contractor on efficiency, it to his advantage to earn the fixed fee as soon as possible and subsequently release his resources for other work. • Regardless of the actual cost of overrun or underrun the preliminary estimate, the contractor receives only the fixed fee already agreed upon by both parties. 3. Target contract • The aim of this contract is to encourage contractor to be efficient thereby execute the work as cheaply as possible. • Target contract aims at circumventing the weaknesses in “cost-plus” concept contract. • The fee to the contractor increases if the final cost of the work is less than the estimate and decreases if the final cost is more. 4. All-in- contract • The employer (client) either directly or through the services of an engineer, gives his requirements in broad and general terms only to contractors, who are then required to submit full details of design, construction, and terms of payment or probably includes operation/maintenance of work for a limited period. • The use of this form of contract has some advantage in a few special cases but not a good method for most of contract. The procedure has been used for gas and chemical works, oil-refineries, and nuclear power • station among others. Contract Documents The following constitutes a normal contract document for most engineering contract: 1. Form of Agreement. 2. General conditions of contract. 3. Specification. 4. Bill of Quantities 5. Contract Drawing 6. Form of Tender 1.Form of agreement This in the real sense constitutes the formal agreement between the client and the contractor for the execution of the work in accordance with other contract document. 2. General conditions of contract • This defines in broad term conditions, under which the works are to be undertaken • the relationship between the client, the engineer and the contractor, • the powers of the engineer • the roles/responsibilities of other professional in the team and the term of payment 3. Specification • This is where the detail information on contract drawings and the bill of quantities are stated. • It describes in detail the work to be executed under the contract and nature and quality of materials, component and workmanship. • It also states any special responsibilities to be borne by the contractor aside what is covered in the general conditions of contract 4. Bill of quantities • The branches of engineering profession refer to this as Bill of engineering measurement and evaluation (BEME). • It actually consists of a schedule of the items of work to be executed by the contractor under the contract with quantities entered against each item and subsequently priced by the contractor through competitive, selective or negotiated tendering. • The primary functions of BEME is to provide the basis on which tenders can be obtained and compare various tenders after these are priced. Once a contract is signed, the rates in priced BEME will be used to assess the value of work executed. 5. Contract drawings The contract drawings show the details and scope of work to be executed under the contract. • For building work the contract drawing is essentially architectural drawing with sufficient detail to assist contractor in pricing the BEME properly. • Other contract drawing includes (but not limited to) depending on the scope and complexity of work: structural drawing, Mechanical and Electrical (M & E) drawings, topographical survey of the site of work. • The contract drawings will finally be used in executing the works and may be supplemented by further detailed drawings as the work progresses. 6. Form of tender This is a formal offer to a contractor to implement/execute a contract works according to various contract documents for the tender sum.