Circular L7/04

24 May 2004

Water Services DBO Contracts – Site Staff

The responsibilities of Employer’s site staff on water services projects procured under Design/Build/Operate (DBO) contracts differ significantly from the duties of site supervision staff on traditionally procured contracts.

Under a traditional contract, site staff must ensure that all works, including materials and workmanship, are constructed in accordance with technical specifications and contract drawings and provide instructions to contractors in relation to any necessary variations.

In the case of a DBO contract, as the quality of materials and workmanship are the contractor’s risk, the role of the site staff is to ensure that the Employer’s Requirements are met and that the Employer’s Representative and/or the Employer is fully informed of all issues arising on site. Essentially the role involves:

  • surveillance and record keeping,
  • ensuring compliance with Safety, Health and Welfare at Work requirements,
  • ensuring compliance with EIS and planning conditions,
  • monitoring of construction progress and cash flow against programme,
  • recording daily activities and preparing progress reports.

The accompanying Guidance Note Model Duties for Employer’s Site Staff on Water Services DBO Contracts should be employed on all such contracts being progressed under the Water Services Investment Programme and the Rural Water Programme.

______

Terry Allen

Principal Officer

Water Services Investment Section

Environment Infrastructure and Services Division

To: Directors of Services (Water Services)

MODEL DUTIES FOR EMPLOYER’S SITE STAFF

ON

WATER SERVICES

DESIGN / BUILD / OPERATE CONTRACTS

MODEL DUTIES FOR EMPLOYER’S SITE STAFF

ON

WATER SERVICES

DESIGN / BUILD / OPERATE CONTRACTS

1.INTRODUCTION

The Employer’s site staff’s responsibilities on Water Services projects procured by way of design / build / operate differ significantly to the duties of site supervision staff on projects procured by traditional contract.

On a traditional contract, the site staff must ensure that all works, including materials and workmanship, are constructed in accordance with the technical specification and the contract drawings instructing any variations where necessary.

On a design/build/operate contract however, materials and workmanship are the Contractor’s risk, so the site staff’s role is to ensure that the Employer’s Requirements are met and that the Employer’s Representative and/or the Employer are fully informed of all issues arising on site.

The duties of the Employer’s site staff for the various stages of a project will include some or all of the duties outlined in Section 2 below.

DUTIES

2.1Design Review Stage

At the Design Review Stage (which can run throughout the Construction Period) the Contractor submits his detailed proposals for the works (or any part of the works) for review by the Employer’s Representative. The Employer’s site staff will provide any assistance required by the Employer’s Representative to ensure that the Contractor’s proposals:-

Conform with the Employer’s Requirements.

Conform with the contract and the Contractor’s proposal at tender stage.

Comply with standards and are suitably fit for purpose.

Comply with tendered performance guarantees.

Including:

Agreement on procedures to expedite and control the flow of all Contractor’s design data and drawings issued for comment to ensure turnaround in a reasonable time.

Continuous checking of Contractor’s programme for detailed design and any revisions issued and pass comment to Employer’s Representative on any areas of delay occurring in production of designs or drawings.

Checking of materials and workmanship specifications, recording any divergence from the tender documents.

Ensuring that the Contractor’s drawings are checked, comment on all drawings presented and request any further details in areas where necessary.

Attendance at design review meetings and any other meetings as required.

Holding regular meetings with the Employer in relation to issues relating to sites and transfer of fixed assets.

2.2Supervision of Construction – Civil, Mechanical and Electrical

At the Construction Stage, the Contractor (as Project Supervisor (Design and Construction) Stages) will be responsible for all construction activities, including health and safety, materials, workmanship, temporary works etc. The Employer’s site staff ’s role is one of surveillance and record keeping (rather than supervision of construction) while ensuring:-

Compliance with Safety, Health and Welfare at Work requirements during construction and operation and monitoring the Contractor’s adherence to his Safety Plan

Compliance with EIS and planning conditions or requirements – fisheries, heritage, archaeological.

Ensure the Contractor has put in place quality control procedures for materials and workmanship and is complying with these procedures.

Monitor construction progress against the programme, in particular in respect milestones identified by the Contractor that are linked to payments.

Monitor cash flow against programme.

Record daily activities.

Prepare monthly progress report.

Including:

Continuous checking of detailed programmes and any revisions issued and pass comment on any areas of delays occurring or construction inefficiencies.

Recording any divergence from the Employer’s Requirements or approved designs and any defects.

Commenting on any planning, environmental or other issues arising from revision of designs.

Recording the work of different contractors, checking detailed programmes of work, seeing that all necessary authorizations have been given to contractors, identifying requirements for authorization of Contractor’s proposals and other information.

Ensuring liaison with the relevant statutory authorities is carried out, in particular, archaeology.

Commenting to Safety Officer on any Health, Safety or Security issues arising and check Contractor’s safety audits as presented.

Monitoring line, level and layout of the works during construction and record any changes from approved design layout and the reason for any changes.

Monitoring any exploratory surveys undertaken by the Contractor.

Recording volumes of work done and/or milestones achieved in order to assist the Employer’s Representative in assessing the Contractor’s applications for payment (noting any omissions from tender proposals).

Recording all facts which might lead to possible contractual claims and highlight any inefficiency by the Contractor or his sub-contractors in these areas.

Ensuring cash flow projections are updated monthly and noting progress.

Ensuring relevant information for Provisional and PC Sums is given to the Contractor in good time.

Testing and Commissioning

At the Testing and Commissioning Stage, the Contractor will be responsible for all testing, dry running, setting and commissioning of all plant and equipment, processes etc. The Employer’s site staff’s role is again one of surveillance and record keeping while ensuring the following are carried out:-

Process and efficiency testing in particular in relation to performance guarantees etc.

Witness testing equipment and/or assemblies (control panels) etc.

Site testing of structures, performance testing, control panel tests etc.

Including:

Recording all measurements and tests, and records on “As Constructed” drawings to show the work as executed.

Ensuring calibrated test instrumentation is being used by the Contractor

Checking that the finished works are tested and set to work functioning correctly.

Monitoring pump tests, equipment tests, efficiency tests, control panel tests etc. on site.

2.4Process Proving Period:

During the Process Proving Period, the Contractor will be responsible for all operation and testing of all plant and equipment, processes etc. at the design duty/loading. The Employer’s site staff’s role is again one of surveillance and record keeping while ensuring the following are carried out:-

Monitor drinking water/effluent quality results and ensure quality meets the specified standards.

Ensure the Performance Management System (PMS) is set up and implemented by the Contractor

Ensure random independent sampling of critical parameters that affect performance parameters are carried out.

Carry out a hydraulic inspection of operations – speed v. flow, return flows, recycle flows, etc.

Carry out an efficiency inspection of operations – oxygen transfer, blower speeds, cake dryness, chemical usage, etc.

Carry out routine inspections of noise and odour around the plant.

Review the Contractor’s maintenance schedule and the operating condition of equipment.

Including:

Checking all monthly reports submitted in accordance with the PMS.

Checking results and comparing them to contract requirements and independent analysis.

Checking routinely the operation of the composite samplers.

Checking routinely the laboratory analysis and procedures.

Monitoring the sampling regime, procedures etc.

2.5Reporting

In addition to the above, the Employer’s site staff’s responsibilities shall also include some or all of the following:

Reporting to the Employer’s Representative on all matters.

In matters of design and construction the Employer’s site staff should bring to the attention of the Employer’s Representative any issues which gives cause for concern in the working drawings.

Keeping the Employer’s Representative informed in good time of any anticipated problems.