国际工程管理专业英语阅读选编.doc

国际工程管理专业英语阅读选编CONTENTSUnit One Tendering Procedure (I)1Unit Two Tendering Procedure ()10Unit Three The Parties to the Contract19Unit Four Client/Consultant/Contractor Triangle30Unit Five Types of Contracts41Unit Six Competitive Bidding ( I )52Unit Seven Competitive Bidding ( II )65Unit Eight Insurance ( I )73Unit Nine Insurance (II)84Unit Ten Negotiations93Unit Eleven Claims103Unit Twelve Disputes and Arbitration112Unit Thirteen The Preface of Desdign of Concrete Structure123Reading Material A Concrete, Reinforced Concrete, and Prestressed Concrete (1)126Reading Material B Concrete, Reinforced Concrete, and Prestressed Concrete (2)127Unit Fourteen Design Codes and Specifications and Safety Provisions of the ACI Code129Reading Material A Safety Provisions of the ACI Code132Reading Material B Dimensions and Tolerances135Unit Fifteen Prestressed Concrete137Reading Material A Sources of Prestress Force140Reading Material B Prestressing Steels142Unit Sixteen Fundamentals of Composite Action and Shear Connection144Reading Material A Other Types of Composite Construction (1)147Reading Material B Other Types of Composite Construction (2)150Unit Seventeen Limit State Design of Brickwork153Reading Material A Methods of Construction157Reading Material B The Strength of Materials159Unit One Tendering Procedure (I)The FIDIC Conditions of Contract envisage that a contractor will be selected by the Employer following competitive tendering.Experience has shown that, for major projects and those involving international tendering, prequalification of tenderers is desirable since it enables the Employer/Engineer to establish, in advance, the competence of firms subsequently invited to tender. It also ensures that invitations are addressed to leading companies who would not necessarily participate in open or unrestricted tendering. Such unrestricted tendering does not always facilitate appropriate competition because the number of tenderers may be so great as to make the odds against tendering successfully unacceptable. Additionally, prequalification has the advantage of reducing the inflationary effect which must arise where firms incur unproductive expense in submitting a large number of tenders in the knowledge that a high proportion of these must be unsuccessful.The documents issued to tenderers (the Tender documents) normally comprise Conditions of Contract, Specification, Drawings, Bill of Quantities and form of Tender, together with Instructions to Tenderers, All except Instructions to Tenderers become Contract documents on award of Contract. It is usual to send the Tender documents to tenderers under cover of a letter which should be limited to identifying the documents and giving the recipient an invitation to tender.Conditions of ContractThe Conditions of Contract will consist of Part I and Part II of the Red Book. The Conditions set out the legal/contractual arrangements that will apply to the Contract.SpecificationThe Specification will define the scope and the technical requirements of the Contract. The quality of materials and the standards of workmanship to be provided by the Contractor must be clearly described, together with the extent, if any, to which the Contractor will be responsible for the design of the permanent works. Details must be included of samples to be provided and tests to be carried out by the Contractor during the course of the Contract. Any limitations on the Contractors freedom of choice in the order ,timing or methods of executing the work or sections of the works must be clearly set out and any restrictions in his use of the site of the works, such as the provision of access or space for other contractors, must be given.DrawingsThe Drawings must be in sufficient detail to enable tenderers to assess accurately, in conjunction with the Specification and the Bill of Quantities. the nature and scope of work included in the Contract. Only rarely is it possible to provide, at tender stage, a complete set of drawings so fully detailed that the work can be executed without any further drawings becoming necessary. On most contracts supplementary drawings will be issued after award as work proceeds.Bill of QuantitiesThe Bill of Quantities is a list of items giving descriptions and estimated quantities of work to be executed under the Contract. The Red Book assumes a remeasurement form of contract, although that does not preclude the inclusion of a number of lump sum items in the Bill of Quantities provided that the scope of work to be covered by each lump sum item is adequately defined.The TenderIt is highly desirable when inviting competitive offers from a number of tenderers, that the tenders received should be based as far as possible on equal terms and conditions and presented in a standardised manner. In this way evaluation and comparison between the tenders received can be made more simply and accurately with less risk of misunderstandings, errors and omissions.The Tender is the most important single document submitted by the tenderer. It is here that each tenderer confirms that he has read and understood the requirements of the Tender documents and based on such requirements it is here that he states his tender sum for undertaking and fulfilling all his obligations under the Contract. It is therefore essential for the Employer that all Tenders received are stated in identical terms and thus it is necessary for the Employer, when inviting Tenders, to provide tenderers with a standard form of tender which each tenderer is required to complete and sign.The form of Tender which is included at the end of the first volume of the Red Book following Part I of the Conditions of Contract is recommended for this purpose, it is short, it is clear and when signed and submitted creates a legally binding and valid offer.It is common for Tenders to be identified by a tender reference or contract number which should be added to link the Tender to the project in question.The organisation to which the Tender is being submitted must be stated in the appropriate space on the form.The sum to be entered under paragraph 1 of the Tender is the tenderers total Tender sum, which should be the same as the total from the summary page of the Bill of Quantities. The amount shall be entered in words and in figures and in the event of a discrepancy between the two it is common practice in most countries that the written amount shall prevail over the amount expressed in figures.The sum agreed may vary during the execution of the project depending on what circumstances occur, e. g. the instruction of variations, the occurrence of unforeseen events, which in accordance with the Conditions of Contract entitle the Contractor to additional (or reduced) payment.Under paragraph 4 the Employer must state the time during which he requires the Tender to remain valid and open to acceptance. This time should be adequate to permit proper evaluation and award procedures to be completed.In the event that the stated time proves to be insufficient, the Employer may ask tenderers to extend the period of validity of their Tenders for a further named period. At the same time tenderers should be asked to extend the validity of any tender bond accordingly. Tenderers are free to extend or not, if so requested, and in the event that they choose not to do so, the Employer has no right to cash or hold their tender bond.Instructions to TenderersInstructions to Tenderers must be prepared to meet the requirements of individual contracts. Their purpose is to convey information and instructions which apply during the tendering period. Any material on which it is intended to rely after award must be included elsewhere, e.g. in the Conditions of Contract or the Specification.The following notes provide a guide to subjects to be covered, but they are not necessarily exhaustive.1. GeneralUnder this heading should be included brief details of the organisation (Govermment, Ministry, Department, Authority, etc. ) calling for Tenders, together with an outline of the project to be covered by the Contract.Any stipulations regarding firms and persons qualified to tender, such as prior prequalification and/or requirements in the event of formation of joint ventures, should be stated, together with details of any special requirements to establish the validity of the Tender and the authority of the signatory, e. g. Power of Attorney.Tenderers must be advised if the successful tenderer will be required to establish a locally registered company for the purpose of the Contract.2. DocumentsA list of documents issued to tenderers should be included together with instructions as to which of these documents must be completed by the tenderer and handed in on the submission date.If the Tender documents are not issued free of charge then the sum required for the original set and for any additional sets should be stated and whether payment is to be made in local or equivalent foreign currency. Tenderers should be advised as to how the extra sets of documents can be obtained and also of procedures to be followed for the return of the documents by unsuccessful tenderers.3. Completion and Submission of TendersConcise instructions as to the time, date and place for the submission of Tenders should be given.It should also be made clear to tenderers that all entries and signatures should be in indelible ink and that no erasures or additions are permitted other than those necessary to correct errors. All such corrections must be initialled.It is normal to ask for more than one copy of the Tender, in which case tenderers should be instructed as to the manner in which the Tenders are to be packaged.It is usual to stipulate that one set of documents should be clearly marked Original Tender and others marked Copy, and that; if there are discrepancies the Original Tender takes precedence. Photocopies of the Original Tender minimise the risk of discrepancies.The tenderer should be told whether, if he has handed in his Tender before the formal submission date or has sent it by post, he has the right to withdraw, modify or correct it after dispatch. This would normally be permitted, provided that a request for modification, etc. , has been received by the Employer either in writing or by cable, telex or facsimile transmission before the time set for receiving Tenders. The Original Tender as amended would then be considered as the official offer.4. Supplementary Information Required.Tenderers should be advised of any supplementary information to be submitted with the Tender documents, such as details of the proposed sureties for any performance security, general terms of insurance, the constitution 6f the tenderers organisation together with the address to be used for the purposes of the Contract, a preliminary programme of work (the Instructions to Tenderers should give an indication of what is required) and a list of major items of Contractors Equipment required for the purpose of executing the works.A forecast of labour and staff, local and foreign, may be requested. Where a Tender sum has been requested on the basis that it is adjustable by reason of changes in the cost of labour, materials and transport, the tenderer should, unless the particulars are given by the Employer in the Tender documents, be requested to indicate the formula or formulae which he wishes to use as the basis for adjusting the sum. If his formula is to be index based, officially published indices should be used. These would normally be indices published in the country where the project is to be located. The Tenderer should also provide the names of any subcontractors he proposes to employ, together with details of those parts of the works proposed to be subcontracted.It must also be made clear in the Instructions to Tenderers to what extent the supplementary information is required by the Employer purely to demonstrate that the tenderer has understood the extent and nature of the work and the programme required and to what extent, if at all, the supplementary information is required as a part of the offer for inclusion in the Contract documents on award. (To be continued)(From FIDICGuide to the Use of FIDICConditions of Contract for Works of Civil Engineering Construction Fourth Edition. Lausanne 1989)New Wordsenvisage vt. 想象，设想，正视，面对prequalification n. 资格预审facilitate vt. 使容易，使便利odds n. （事物发生的）可能性，机会inflationary a. 膨胀的；由膨胀引起的recipient n. 接受者，领受者workmanship n. 工艺；工件质量access n. 通路，通道award n. 授标，授予preclude vt. 排除，消除；阻止，妨碍obligation n. 义务，责任discrepancy n. 差异，不一致variation n. 变动，变更bond n. 保证书；担保exhaustive a. 彻底的，详尺无遗的stipulation n. 规定，订条；条款，项目signatory n. （协议，条约等的）签署者，签署人attorney n. （业务或法律事务中的）代理人indelible a. 去不掉的；擦不掉的；持久的erasure n. 删去；消除initial vt. 草签dispatch n. 派遣；发送cable n. 电报facsimile n. 传真（通讯）amend vt. 改正，修正（议案等）surety n. 保证人；担保，保证index n. 指数Phrases and Expressionsin conjunction with 与连同summary page 一览表prevail over 胜过，优于depend on 依靠，依赖；依而定in accordance with 与一致；按照，依照call for 邀约；要求；号召joint venture 联营体hand in 交上，交进free of charge 免费Notes1. invitations are addressed to leading companies.向大公司发出邀请。本句中be addressed to 意为“向发出”2. Such unrestricated tendering does not always facilitate appropriate competition because the number of tenderers ma be so great as to make the odds against tendering successfully unacceptable.那种无限制招标并不总是有利于合理竞争，因为，投标者数量可能太多以致影响到成功的投标反而不能被接受。本句中facilitate一词一般不认人作主语，如：Modern inventions faciltate house work. （现代的许多发明使家务活便利多了。）；odds 一词可用作单数或复数，意为：“（事物发生的）可能性”，如：It is long odds against his coming. （大约他不会来。）3. Additionally, prequalification has the advantage of reducing the inflationary effect which must arise where firms incur unproductive expense in the knowledge that a high proportion of these must be unsuccessful.此外，如果各公司明知大部分投标不可能中标而仍递交大量投标，他们将为些付出无效的费用从而导致大量的多余投标，而资格预审就具有减少上述多余投标的优点。本句中inflationary effect 指的是“大量多余的投标”；unproductive expense 意为“无效的费用”；in the knowledge (that) 意为“知道”，“了解”4. Details must be included of samples to be: provided and tests to be carried out by the Contractor during the course of the Contract.规范还应包括合同期间承包商提供的样品及其进行的试验的细节。本句中of samples to be provided 与 of tests to be carried out 为并列结构，作定语，修饰details。本句可转换为“Details of samples to be and details of tests to be must be included”。5. Only rarely; is it possible to provide, at tender stage, a complete set of drawings so fully detailed that the work can be executed without any further drawings be coming necessary.在投标阶段，极少可能提供出一整套完备的图纸，从而也极少可能在不需要提供任何进一步的图纸的情况下进行工作。本句采用的是倒装语序only, not only, not until, never, little, hardly, nowhere, seldom 等词引导的句子，一般都用倒装程序，如：Little does he know what may happen. （他一点不知道可能要发生什么事。）6. It is common for Tenders to be identified by a tender reference or contract number which should be added to link the Tender to the project in question.通常，为了将投标书与有关工程项目联系在一起，投标书应标明投标参考编号或合同号码。本句中which引导定语从句，修饰tender reference or contract number: in question为一固定短语，意为“正被谈论的”，“有关”，如：the book in question （该书）。7. Tenderers are free to extend or not, if so requested, and in the event that they choose not to do so, the Employer has no right to cash or hold their tender bond.投标者在接到此要求手，有权决定是否延长，倘若他们决定不予延长，则雇主无权将他们的投标保函竞换成现金或持有该保函。本句中if so requested 为省略形式的条件句，be free to do 意为“有权决定做”；not to do so代替的是not to extend。8. Under this heading should be included brief details of the organisation calling for Tenders, together with an outline of the project to be covered by the Contract.要此标题下，应包括对招标机构简短的具体介绍，以及合同所包含的项目的概况。本句为倒装句，由于本句中的主语较长，而谓语和状语较短，固将状语提前，主谓倒装，正常语序应为“Brief details of together with an outline of should be included under this heading.”9. A list of documents issued to tenderers should be included together with instructions as to which of these documents must be completed by the tenderer and handed in on the submission date.颁发给投标者的文件中应包括一份文件清单，该文件清单应说明其中哪些文件应由投标者填写并在规定的提交日期提交。本句中issued to tenderers为过去分词短语作后置定语，修饰documents；在which引导的从句中completed与handed in 为并列结构，handed in 前省略了must be。10. It must also be made clear in the Instructions to Tenderers to what extent the supplementary information is required by the Employer purely to demonstrate that the tenderer has understood the extent and nature of the work and the programme required and to what extent ,if at all ,the supplementary information is required as a part of the offer for inclusion in the Contract documents on award.同时还须在投标者须知中说明，完全为表明投标者对工作范围和性质以及所要求的进度计划的理解，雇主所需的补充信息的程度，以及在合同授予时，作为包含在合同文件内的报价的一部分所需的补充信息的程度。本句中to what extent is required by the Employer 与to what extend is required as a part of 为并列关系，作句子的逻辑主语，It为形式主语。Questions for Discussion:1. Why is Prequalification necessary for major projects and those involving international tendering?2. What should be included in the specification?3. Is it possible to provide a detailed complete set of drawings at tender stage? why? why not?4. What is the Bill of Quantities?5. Why is the Tender the most important single document submitted by the tenderer?6. Why dose the tender sum agreed may vary during the execution of the project?7. What is the purpose of “Instructions to tenderers”?8. What should be included or stated under the heading “General” in “Instructions to Tenderers”?9. On what condition is the tenderer permitted to withdraw, modify or correct his Tender after dispatch?10. What are the supplementary information required to be submitted with the tender documents?Unit Two Tendering Procedure ()(Continued)5. Amendments to Tender DocumentsIt is possible that explanations, revisions, additions or deletions to the