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.
Assignment pattern | The main topic | Ambiguity that needs to be resolved |
|---|---|---|
Independent design | Studies, calculations and design documents | The limits of accompanying the designer in purchasing and implementation |
Supply of equipment | Making or buying and delivering goods | Responsibility for selection, installation and integration |
Installation and commissioning | Implementation of equipment based on specific documents | Liability for design defects or equipment incompatibility |
Design, supply and implementation | Delivery of the system according to the client's requirements | Limits of responsibility for structures, premises and public facilities |
Maintenance and operation | Maintain performance after delivery | Service level, parts and materials included in the contract |
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.
stage | Suggested services | deliverable output |
|---|---|---|
Knowing the project | Visit, review the site, employer's needs and restrictions | Recognition report and list of incomplete information |
Conceptual design | Positioning, choosing effects and checking options | Concept design and initial estimate |
Basic design | Determining circuits, capacities and infrastructure needs | Design basics report and basic drawings |
Detailed design | Calculations and executive details | Drawings, specifications and lists of quantities |
Implementation support | Answering questions and reviewing workshop documents | Official answers and revised documents |
accompanying delivery | Check compliance and test results | Performance evaluation report |
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
subject | Necessary information in documents | Evidence or review method |
|---|---|---|
nozzle | Material, connection, flow and pressure corresponding to the effect | Manufacturer's documents and demonstration test |
pump | Working point, curve, electricity and installation conditions | Selection and measurement curve |
the light | Characteristics of light, nutrition, control and immersion conditions | Product documentation and installed testing |
Panel and control | Capacity, input and output, protection logic | Map, equipment list and performance test |
Purification | Capacity, pressure drop and washing method | Flow calculations and tests |
show | Number of programs, duration and editability | Implementation of agreed programs |
consumption | Measurement boundary and display status | Measurement in a specific scenario |
Documents | Format, language and version of files | Document delivery list |
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.
group | Sample row | Recommended unit |
|---|---|---|
design | Design package with specified outputs | Service package |
Equipment | Nozzle, pump, light and sensor | Number or device |
plumbing | Pipe with specific material and diameter | m |
Cabling | Cable with specific type and cross section | m |
board | The board according to the plan and list of equipment | device |
programming | Display with specified duration and range of modification | program |
test | A set of defined tests | Test package |
Education | Course with specific title and duration | period |
Spare parts | The collection has a list of items | Collection |
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.
subject | A question that the contract must answer |
|---|---|
The beginning of the guarantee | From delivery of goods, installation or acceptance of the project? |
Scope of coverage | Is parts, labor, shipping and re-installation included? |
Fault diagnosis | Who checks the cause and with what documentation? |
Repair or replacement | What is the deadline and criteria for choosing a solution? |
Alternative equipment | Is it planned for critical failures? |
Replaced part | How is the continuation of its warranty calculated? |
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.
Event level | sample | Definable commitment |
|---|---|---|
critical | A defect affecting the safety or quality of water | Immediate guidance for securing and priority handling |
major | Stopping the main part of the show | Troubleshooting, repair schedule and progress report |
minor | Failure of an effect without substantial disruption | Proceedings within the agreed time frame |
Development | Add a new view or feature | Estimate and order separate service |
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.
turning point | The main prerequisite | Proof of fulfillment |
|---|---|---|
Verification of design principles | Get site information | Approval minutes |
The release of construction | Verification of relevant documents | License to build or order |
Preparation of the installation site | Completing the necessary infrastructure | Minutes of the joint meeting |
End of installation | Complete installation and controls | Inspection report |
Start of setup | Water, electricity and safe conditions | Exam license |
Performance acceptance | Passing approved tests | Test report |
delivery | Completion of documents and training | Minutes of the delivery meeting |
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
Test subject | Required contractual criteria |
|---|---|
Water display | Height, shape, sequence and range of spraying |
the light | Color, control, coordination and function of lights |
Sound and display | Time coordination and approved scenario |
mechanic | Flow, pressure, leakage and performance of valves |
Power and control | The results of specialized tests and protective reaction |
Wind and water level | Reduce or stop according to approved logic |
Purification | Flow, equipment performance and required water results |
consumption | Measurement in defined modes |
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:
title | subject |
|---|---|
Product warranty | Obligation related to equipment failure |
Job guarantee period | Obligation to fix defects is included in the responsibility of the contractor in the project |
Financial guarantee | Contractual instrument such as guarantee or deposit according to regulations and contract |
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.
activity | Proposed official | The limit of responsibility |
|---|---|---|
Site information and limitations | the employer | Announcing available information and coordinating investigations |
Specialized fountain design | Specialized contractor | According to the approved service description |
Structure and area design | Designated project designer | According to the declared needs of the fountain |
Implementation of pond and sealing | The contractor specified in the contract | Final pre-installation test |
Supply of water and electricity to the delivery point | Employer or infrastructure contractor | Determine the exact location and capacity |
Facilities within the fountain area | Specialized contractor | According to the plan and scope of work |
Coordination between contractors | Project manager | Record interferences and decisions |
Integrated setup and testing | Designated party for integration | Cooperation of all related suppliers |
Maintenance after delivery | designated operator | According to training and approved program |
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
No | Suggested content | Subtitle |
|---|---|---|
37–1 | Map review meeting with the presence of the project team | "Determining the limits of services and responsibilities before the start of implementation" |
37–2 | Photo of real test of equipment in GSO workshop | "Performance control before sending the equipment to the project site" |
37–3 | A map with a colored border of contractors' obligations | "Definition of water, electricity and facilities delivery points" |
37–4 | Sample change request form without confidential information | "Recording the effect of change on cost, time and performance" |
37–5 | Final exam and record results on site | "Delivering fountains based on measurable criteria" |
37–6 | Practical user training next to the control panel | "Training and delivery of documents as part of project commitments" |
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.
Notes and references
Resource 186: GSO Installation, Commissioning and Training Services; gsofountain.com. Full address in the bibliography.
Source 187: Crystal Fountains custom equipment development and testing; crystalfountains.com. Full address in the bibliography.
Resource 188: A guide to value versus cost and setting specifications; thedocs.worldbank.org. Full address in the bibliography.
Source 189: Proposal Evaluation Guide; documents.worldbank.org. Full address in the bibliography.
Source 159: Crystal Fountains Technical Services; crystalfountains.com. Full address in the bibliography.