Contracts, tenders and service scope

Contracts, tenders and service scope

Guide for compiling documents, determining obligations and delivering urban water fountain projects

The quality of a fountain is formed in the project documents before the start of construction. When the type of display, scope of services, equipment specifications and delivery criteria are clear, the employer can compare the offers and the contractor will estimate the cost and time of the implementation of his obligations more accurately.

A significant portion of the project disputes stem from vague terms such as "complete musical fountain performance," "first-class equipment," or "off-the-shelf delivery." These statements do not specify how many demonstrations should be produced, who is responsible for sealing the pond, what the scope of operator training is, and how the final performance will be measured.

This chapter covers eleven topics, according to the book's initial index: design service description, technical specifications, bill of quantities, contractor requirements, equipment warranty, after-sales service, schedule, delivery conditions, warranty period, party liability, and change and delay management.

The templates in this chapter are suggested for organizing project documents. Before contractual use, they must be adapted to the structure of the transaction, the regulations governing the employer and the review of the legal and contractual officer; Especially in municipal projects, the choice of transaction method, guarantees and bidding procedures cannot be assumed to be the same for all employers.

37–1. Description of design services

37-1-1. Determining the scope of the contract

First, it should be clarified which part of the project the contract covers.

For example, a contract to supply nozzles and lights does not necessarily include tank design, switchboards, display programming, and training. Each service must be explicitly included in the scope of work or the list of items outside the obligation.

On the GSO site, the installation, commissioning and training services at the project site, as well as the assembly of the parts, have been clearly introduced. This separation is a good basis for defining service tiers; However, the amount and terms of commitment must be recorded in the offer and contract of the same project. GSO installation, commissioning and training services ^[257]

37-1-2. Design steps and outputs

The service description must have input, output and verification reference for each step.

The number of conceptual options, review sessions and revision frequency should also be determined. Completely changing the idea after the basic plan is approved is not the same as a regular modification of a plan.

3-1-37. Specialized design documents

The design package, tailored to the project, should cover the following topics:

• Placement of nozzles, lights, tanks and access routes;

• calculations of flow rate, head, pressure drop and pump selection;

• Design of circulation, purification, compensatory water, overflow and discharge;

• Structural requirements, equipment load and wall and floor passage details;

• Electrical, control, protection and cable route maps;

• Logic of operation, safe stopping and reaction to wind or reduced water level;

• Light design, sound and show programs;

• Operation and repairability requirements.

In each project, it should be clear which documents are prepared by the specialized fountain designer and which documents are the responsibility of the structural, electrical or landscape consultant.

37-1-4. The location of images and simulation

Rendering and simulation video convey the intent of the designer. To turn them into a measurable commitment, the height of the fountain, the number of effects, the range of the spray and the observation conditions must also be defined.

For custom effects, sample making and pre-production testing can be included in the service description. Crystal Fountains also introduces the use of prototyping and test facilities to examine performance, light, splash and sound in the custom product development process. Development and testing of customized Crystal Fountains equipment ^[258]

37–2. Technical specifications

37-2-1. Equipment specifications and performance specifications

Technical specifications should answer two questions:

What is delivered?

Type, number, material, model, connections, capacity and equipment documents.

What results does the system produce?

Display shape and height, controllability, consumption in defined conditions and protection function.

For example, the phrase "pump with the right power" is not enough. Required flow rate and head, installation conditions, water quality and selection documents should be specified.

The World Bank guidelines also distinguish between descriptive product specifications and performance outcome-based specifications. This distinction is useful in setting watershed documents, although the rules of that authority are binding only within the scope of their application. A guide to value vs. cost and setting specifications ^[259]

37-2-2. Evaluable specifications table

For each criterion, the test method, environmental conditions, measuring instrument and acceptance limit should be determined in advance.

For example, the fountain height commitment must specify in what wind range, with what water level, and relative to which base.

3-2-37. Equivalent product and model change control

If introduction of equivalent product is allowed, the criterion of equivalence should be clear. Similar price or power alone is not enough; Dimensions, performance, control compatibility, spare parts and maintenance cost are also important.

It is recommended that the contractor provide a compliance table that links each requirement to the proposed product specification. Differences should be clearly declared and the model change after approval should also be done through the official technical review route.

37–3. List of values

1-3-37. Structure of rows

The bill of quantities should communicate the job description, drawing and price.

The "set" unit is reliable when its components are known in the appendix.

37-3-2. About the price of each row

To avoid duplication or omission of cost, it should be made clear what the price includes: shipping, unloading, mounting base, connections, accompanying cable, sealing, adjustment, testing and delivery.

Sample description of the proposed row:

Supply and installation of submerged light according to the equipment table, including base, fixing accessories, cable of specified length, approved connections, marking, direction adjustment and performance test; The supply limits of the power supply and the controller are according to the related rows.

In the financial documents, the currency, taxes and duties, the validity period of the offer, the basis of measurement and the terms of payment should also be included without ambiguity.

3-3-37. Definite and estimated values

The method of dealing with the difference between the actual amount and the entered amount should be consistent with the type of contract. In a lump sum contract, the existence of a list of quantities does not necessarily mean the payment of all quantity differences; In the contract based on measurement, the rules of meter and quantity verification are also important.

37–4. Contractor requirements and evaluation of proposals

37-4-1. Project related ability

The evaluation of the contractor should be based on verifiable evidence:

• similar project history in terms of technology and scale;

• Project performance status after delivery;

• Introduced team for mechanics, electricity and control;

• Ability to manufacture, provide and control quality;

• Installation program and interference management with other contractors;

• Service facilities and access to parts;

• Financial capacity and resources according to the implementation plan.

For the musical fountain, the skill of programming and arranging the show is important. In the interactive fountain, the experience of purification and exploitation of public contact spaces should be evaluated separately.

37-4-2. Compare offers on a like-for-like basis

Before receiving the offer, the employer must provide the applicants with the same documents including scope of work, drawings, specifications, quantities, contractual conditions and evaluation method. Answers to questions affecting the price and scope of work should also be communicated in the same way according to the ruling procedures.

In the model proposed in this chapter, reviews are done at three levels:

1. Meeting the necessary conditions and documents; 2. Checking compliance with technical minimums; 3. Comparing the quality and cost of acceptable offers, according to the pre-announced method.

The World Bank evaluation guide also separates the minimum technical requirements from the quality scoring criteria. Proposal Evaluation Guide ^[260]

The weight of the criteria, the minimum score and the combination of price and quality should be compatible with the legal method of transaction. Determining these after viewing the offers makes the comparison opaque.

3-4-37. Quality control program

The contractor must propose the inspection points before starting the work. Important examples are:

• Checking the buried parts before concreting;

• Testing of pipes before covering;

• Checking the sealing before the final installation of the equipment;

• Board test before sending;

• Protection test before public operation.

For each point, it should be clear what confirmation or registration of a document depends on the continuation of the work.

37–5. Equipment warranty

The product warranty must have a specific duration, start date, scope of coverage and responsible person for each equipment group.

A manufacturer's warranty period should not be extended to all project equipment without proof. The warranty terms of GSO or any other supplier should be extracted from the valid document related to the product and proposal of the same project.

Exceptions such as dry operation, freezing or use of incompatible material should also be spelled out. Determining the cause of failure should not rely solely on a general term such as "improper operation".

37–6. After sales service

37-6-1. Definition of service level

After-sales service can include answering, troubleshooting, dispatching experts, providing parts, and modifying the program. For each service, the cost and commitment time should be clarified.

"Response time" is different from "failure time". Registration of the request and initial contact may be done quickly, but troubleshooting requires the presence of an expert or the provision of parts.

Response and attendance times should be aligned with project location and actual support capacity.

37-6-2. Technical support and software

The contract should specify the status of application files, backups, access accounts, software license and possible subscription fee. The right to use and edit the project's proprietary programs should also be separated from the developer's general software rights.

For remote access, the person responsible for licensing, registering the connection and canceling the access after the end of the service should be appointed.

Crystal Fountains services include setup, display setup, maintenance team training, and face-to-face and remote support. This separation suggests that "support" is better translated into deliverable services. Crystal Fountains Technical Services ^[261]

37–7. Schedule

The schedule should show the relationship between design, document verification, equipment provision, infrastructure preparation and testing.

The duration of document review by the employer or consultant should also be seen in the program. Also, the time for providing custom items, making samples and possible modification should not be excluded.

It is better to set the date of the public opening after predicting enough time to test and fix the defects. Performing a show at the opening ceremony is not a substitute for contractual acceptance by itself.

37–8. Delivery conditions

37-8-1. Delivery procedures

For the fountain project, the following steps can be defined according to the contract:

1. Inspection of equipment before shipment; 2. control of installation completion; 3. On-site performance and protection tests; 4. Trial operation with specific duration and scenario; 5. Provisional delivery or the corresponding acceptance stage in the contract; 6. Definitive delivery after fulfilling the prescribed conditions.

The name and legal effect of each step must be consistent with the text of the main contract.

37-8-2. Acceptance criteria

Unsuitable wind conditions or non-availability of water and electricity must be recorded in the test report; Accepting or rejecting the performance without recording the conditions is not reliable.

3-8-37. Delivery documents and training

The delivery package shall include as-built drawings, equipment list and serial number, operation manual, maintenance schedule, test report, warranties, spare parts list and agreed back-ups.

Training should also have a title, duration, participants and evaluation method. Normal start-up, emergency stop, warning detection and routine cleaning are the main topics.

Defects affecting safety or essential performance must be removed before operation. Acceptance with minor defects, if allowed, must be accompanied by a list, responsible and deadline for correction.

37–9. Warranty period

The following three topics must be written separately:

For the warranty period, the start date, duration, defect notification method, processing deadline and end conditions should be determined. The effect of delivery of a part of the project, stoppage of operation and replacement of parts should also be clear.

Daily maintenance, consumables and periodic services are not necessarily free or covered by warranty; The scope of each must be explicitly defined.

At the end of the period, the inspection and recording of the condition of the equipment and the remaining defects is a suitable basis for deciding on the final delivery and releasing the guarantees according to the contract.

37–10. Employer and contractor responsibilities

37-10-1. Table of liability limits

The table below is an example of a contract for the design, supply and implementation of fountain equipment with separate infrastructure and must be completed for each project.

The boundaries must also be shown on the map; For example, "electricity supply by the employer" should be changed to connection point, capacity, power quality and responsible for testing.

37-10-2. Integration Manager

If the pump, panel, software and light are procured from different suppliers, one party should be responsible for coordinating the operation of the entire system.

Approval of a drawing or model by the employer must also have a specific contractual effect. It is suggested to clarify that document review does not automatically displace assigned responsibilities for design and compliance.

Licensing responsibility for the use of music, visual content, advertising images and exploitation access should also be determined, if related to the project.

37–11. Changes and delays

37-11-1. The process of change

Changing the number of nozzles, the height of the fountain, the type of light or the display program may affect several parts of the project. Each change request must include the following information:

• Description and reason for the change;

• Affected documents and equipment;

• increase or decrease in cost;

• Effect on time and related activities;

• Effect on consumption, maintenance and warranty;

• Authorized decision-making authority.

Suggested paragraph example:

The change of scope of work is notified through the written order of the authorized authority of the contract. The contractor will announce the technical, financial and time works within the stipulated deadline and the continuation of the action will be according to the mechanism of contract changes. Immediate actions for immunization should also be immediately documented and reported.

37-11-2. delay check

To check the delay, recording the event is not enough; Its effect on the schedule and completion date should also be clarified.

Effective documents include date of request for information, deadline for response, actual time of delivery of work front, supply correspondence and progress report. A delay in a sub-activity does not necessarily delay the completion of the entire project by the same amount.

The contract must determine the deadline for notification of the incident, the way to submit documents, the authority to investigate and the method of deciding on the extension of the term or the cost. Dealing with simultaneous delays and conditions beyond the control of the parties should also be coordinated with the governing regulations.

3-11-37. Payment, adjustment and dispute

Before signing, the basis of advance payment, installment payment, confirmation of statement, deductions and settlement should be clear. For equipment manufactured outside the workshop, the status of ownership, insurance, maintenance and risk of damage should also be determined.

In projects with a long supply period, how to deal with price changes, exchange rates and long downtime should be clearly written. A price increase cannot automatically be considered an increase in the amount or an excuse for delay without reviewing the contract.

For the dispute, a specific path should be provided from the registration of the issue and technical review to the dispute resolution mechanism allowed by the contract.

37–12. Proposed attachments to the contract

To convert the contents of this chapter into usable documents, the following package is recommended:

1. Employer requirements and performance basics; 2. Description of services and items outside the obligation; 3. Maps and table of liability limits; 4. Technical specifications and equipment table; 5. List of values ​​and pricing rules; 6. Schedule and milestones; 7. Inspection and test program; 8. Acceptance and delivery criteria; 9. Table of warranty and after-sales service; 10. List of documents, training and spare parts; 11. The method of recording changes, correspondence and dealing with delays.

Record the number and revision of all attachments. The order of priority of the documents and the method of resolving the conflict between the map, specifications and the list of values ​​should also be specified in the contract text.

37–13. Suggested images and forms for the book

The photos of this chapter should be chosen from the actual stages of design, testing, implementation and training. The name of the project and the stage of the activity should be included in the caption, and the financial information, signatures and confidential specifications of the contracts should not be visible in the images.