DEPARTMENT OF EDUCATION AND SCIENCE
DTP Practice Note 3
Revised Stage 2b Design
Team Procedures
1st Edition Nov 2009
Planning & Building Unit
Department of
Education and Science
Tullamore, Co. Offaly.
Telephone: (057) 9324300
Fax: (057) 9351119
Web: http://www.education.ie
PLANNING and BUILDING UNIT
Revised Stage 2b Design Team Procedures
1st Edition Nov 2009
CONTENTS
1.
INTRODUCTION ........................................................................................... 3
1.1
1.2
4.
DESIGN TEAM PROCEDURES .................................................................................................... 3
PUBLIC W ORKS CONTRACTS .................................................................................................... 3
STAGE 2B – DETAILED DESIGN ................................................................. 3
4.16
4.17
4.18
4.19
4.20
4.21
4.22
4.23
4.24
4.25
4.26
4.27
4.28
4.29
4.30
4.31
4.32
4.33
GENERAL ................................................................................................................................ 3
STATUTORY APPROVALS ......................................................................................................... 3
CONSTRUCTION CONTRACTS ................................................................................................... 5
RISK TRANSFER ...................................................................................................................... 5
SPECIALISTS ........................................................................................................................... 7
DETAILED DESIGN ................................................................................................................... 7
DETAIL DESIGN COST CONTROL .............................................................................................. 8
ENABLING CONTRACTS ............................................................................................................ 8
SUITABILITY ASSESSMENT OF CONTRACTORS ........................................................................... 9
PRE-QUALIFICATION OF SPECIALISTS ...................................................................................... 10
CLIENT CONSULTATION ......................................................................................................... 11
CLIENT PROGRESS REPORT ................................................................................................... 11
BILL OF QUANTITIES .............................................................................................................. 11
CONDITIONS OF CONTRACT ................................................................................................... 12
TENDER CONDITIONS ............................................................................................................. 12
PRE-TENDER COST CHECK .................................................................................................... 13
STAGE 2B SUBMISSION .......................................................................................................... 13
AUTHORISATION TO PROCEED TO TENDER .............................................................................. 13
APPENDIX D STAGE 2B COMPLETION CERTIFICATE ................................ 15
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1. Introduction
1.1
1.2
Design Team Procedures
(a)
This document replaces the section 4.16 to 4.33 (Stage 2b) in the Design Team Procedures
[Third Edition, August 2007, revision 1 dated 19th February 2008]. It also takes precedence
over DTP Practice Note 1 (where applicable).
(b)
All Design Team members are required to read the Design Team Procedures 2007 Design
Team Procedures [Third Edition, August 2007, revision 1 dated 19th February 2008]
including any subsequent amendments (including this document) and to comply with them in
full.
(c)
In particular the onus and responsibility rests with the Design Team to ensure that the project
is fully designed and detailed before going to tender and that all the information necessary to
complete the construction is included in the Tender Documents.
Public Works Contracts
(a)
The use of the new Public Works forms of Contract is a requirement for all publicly funded
capital works projects. There are no exceptions!
(b)
In addition to the Public Works forms of Contract, Design Teams must also use the Public
Works Forms of Tender and Schedules, standard model forms and standard Invitation to
Tender (DoES edited version). All these documents are available on the Department of
Education and Science Website at www.education.ie (under Technical Guidance) or at
www.constructionprocurement.gov.ie.
(c)
Some documents such as the Invitation to Tender are Public Works documents with DoES
specific elements already filled in. Design Teams for DoES Capital Projects must use these
DoES documents and not the blank Public Works forms. To ensure that the correct form is
used Design Teams should access all documents (where available) through DoES Website
at www.education.ie (under Technical Guidance).
4. Stage 2b – Detailed Design
4.16 General
(a)
Having submitted the Stage 2a DEVELOPED SKETCH DESIGN and received the
authorisation of the Planning and Building Unit to proceed to the next stage, the Client may
now instruct the Design Team to proceed to Stage 2b – Detailed Design.
(b)
Stage 2b DETAILED DESIGN includes two distinct tasks, (1) obtaining all relevant statutory
Permissions (and appealing where appropriate), (2) and the preparation of a set of fully
designed and detailed tender documents, including all preparatory procurement tasks
necessary to go to tender under national guidelines and/or EU procedures.
4.17 Statutory Approvals
(a)
The Design Team must now obtain all statutory Permissions required including Planning
Permission, Fire Safety Certificate and a Disability Access Certificate. The required statutory
Permissions should also be obtained in respect of any temporary accommodation deemed
necessary. The drawings and specifications submitted for these Permissions must not vary in
substance from those agreed at Stage 2a and the Design Stage Review Meeting.
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(b)
If necessary the Design Team should further consult with the Statutory Authorities to ensure
that the developed sketch proposals will meet the requirements of that Local Authority
Planning Section.
(c)
Design Teams must submit the Planning Permission and the Fire Safety Certificate
applications prior to commencing work on detailed design.
(d)
In the case of the Disability Access Certificate application, this must be submitted and
approved before completion of Stage 2b. No additional Design Team costs will be paid for
changes to documentation arising from alterations necessary to comply with the Disability
Access Certificate
(e)
Unless there are significant known planning risks (including the risk of disproportionate or
unreasonable conditions as below), the Design Team may choose to proceed with detailed
design prior to receipt of the decision of the Planning Authority. Design teams should (from
pre-planning consultations) be aware of the likely Planning conditions and where those
conditions are proportionate and reasonable may elect to factor those into their detailed
designs.
(f)
Where in the view of the Design Team there is a reasonable possibility of Planning or Fire
Safety Certificate conditions which may substantively affect one or more elements of the
Design (e.g. site works) detailed design work on these elements should not be completed
until the Grant of Planning Permission and the Fire Safety Certificate have been received
and all conditions incorporated into the design.
(g)
On receipt of notification of the Decision to Grant Planning Permission and/or Fire Safety
Certificate, the Design Team must immediately review the conditions and determine whether
any of the conditions are disproportionate or unreasonable, require a substantive change to
the brief, or give rise to un-anticipated or unreasonable additional costs.
(h)
The Design Team must then immediately prepare a report on Decision to Grant or Refuse
Planning Permission and/or a Fire Safety Certificate (with a copy of that Decision attached)
listing out all conditions and noting against each condition whether, in the view of the Design
Team, the relevant condition is disproportionate or unreasonable, require a substantive
change to the brief, or gives rise to un-anticipated or unreasonable additional costs, together
with a recommendation as to whether that condition should be appealed. The report should
conclude with an overall recommendation on whether an appeal should be made against any
conditions, whether it is likely to be successful, and provide 2 programmes for the time
required to complete the project (Hand-over), one on the basis of an appeal and one where
no appeal is lodged.
(i)
On completion of the above report, and no later than 48 hours from the receipt of the
Decision to Grant or Refuse Permission and/or Fire Safety Certificate, the Design Team must
submit the report to the Planning and Building Unit (through the Client).
(j)
For the purposes of determining whether a condition is disproportionate and/or unresaonabe
the following criteria should be used
(i)
Development Charges
The Department of Education and Science or the School Board of Management are not
developers and the level of contribution to local services and amenities should reflect
the non-profit making status of schools.
(ii)
Works outside the site boundaries
The Department of Education and Science or the School Board of Management is not
empowered to carry out works outside the boundaries of the school site. Consequently
all conditions requiring the school to carry out works (e.g. a Pedestrian Crossing)
outside the bounds of the site should be appealed unless by mutual agreement in lieu
of some of all of the Capital contribution as above.
(iii)
Open-ended conditions
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(iv)
1st Edition Nov 2009
Conditions requiring future agreement with one or more section of that local authority
(e.g. Drainage or Roads Section) are open-ended conditions and commit the School to
unspecified actions and no limit on expenditure. These conditions must also be
appealed.
Traffic Management & on-site car-parking
There is extensive DoES guidance on the requirements for external spaces including
provision for on-site car-parking and traffic management. Where a condition
substantively exceeds those requirements (e.g. excessive car-parking requirements)
an appeal should also be considered.
(k)
Where an appeal is recommended by the Design Team and the Planning and Building Unit
concurs, or where an appeal is registered by a third party, the Design Team shall on behalf
of the Client prepare and issue all necessary documents to all relevant parties so as to allow
the appeal to be determined without undue delay. The costs and time associated with this
work are not part of the terms of engagement of the Design Team.
(l)
Where an application for Planning Permission is refused the Design Team should report
immediately to the Client in writing including a copy of the refusal notice and conditions. (The
Client in turn should issue a copy of this report to the Planning and Building Unit.)
(m)
Where, in the view of the Design Team, a revised submission has a reasonable likelihood of
obtaining Permission, the Design Team should, with the Client’s agreement, consult with the
Statutory Authorities as appropriate and re-submit an amended proposal. Where the reasons
for refusal should have been anticipated, such work is deemed to be part of the scope of
work of the Design Team.
4.18 Construction Contracts
(a)
Before commencing work on detailed design the Design Team in consultation with the
Employer must determine the appropriate form of Contract (if not already determined).
(b)
The following table applies unless the project has a particular level of complexity:
If the estimated cost is…
Less than €500k (ex VAT)
Less than €5m (ex VAT)
€5m (ex VAT) or more
Then use….
Public Works Short Form of Contract
Public Works Contract for Minor Building and Civil Works
Designed by the Employer
Public Works Contract for Building Works designed by the
Employer
Reference
PW-CF6
PW-CF5
PW-CF1
(c)
The above Contracts are available on the Department of Education and Science Website at
www.education.ie (under Technical Guidance) or at www.constructionprocurement.gov.ie
(d)
Where the appropriate form of contract is the Public Works Contract for Building Works
Designed by the Employer (Major Building Works), the Design Team must also determine
the relevant extent of Risk Transfer (see Section 4.19 Risk Transfer).
4.19 Risk transfer
(a)
The onus rests with the Design Team to determine the appropriate level of risk transfer. The
correct strategy is to assess the risk, mitigate it where possible, quantify the risk and finally to
determine whether risk transfer is appropriate. Risks should not be transferred where they
cannot be reasonably evaluated.
(b)
Where a project was at an advanced stage (post Stage 2a) when the new forms of Contract
came in to force the Design Team should not re-visit the investigative work carried out at
Stage 1 unless the Design Team has reason to believe that the results of that investigation
were suspect or inadequate (whether or not risk is transferred).
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(c)
Subject to the above each transferable risk must be assessed on a case by case basis for
each project based on the results of that investigative work, and justified on the basis of
value for money.
(d)
Where the Client is better able to manage the risk it should be retained as an Employer risk.
Inappropriate risk transfers will cost the Client money (e.g. unknown or unquantifiable risks).
Appropriate risk transfer is when the Design Team is satisfied that Contractors tendering for
a project will offer good value for carrying the residual risk.
(e)
The risk of Discrepancies in the Pricing Document (Compensation Event 17) shall in all
cases be retained by the Employer i.e. YES should be entered into the relevant box in the
schedule. (The onus rests on the Design Team to prepare a comprehensive and accurate
Pricing Document.) In the case of the Public Works Contract for Minor Civil Engineering and
Building Works Designed by Employer this is the only transferable risk. Refer also to DTP
Practice Note 3 - Guidance on the Preparation of Tender Documents
(f)
For Events 18 to 20 i.e. site investigations, archaeology and underground utilities (applicable
to the major form of contract only), these risks will have been assessed as part of the site
location assessments at Stage 1.
(g)
Also as part of the Stage 1 sketch design process, the Design Team will have determined an
appropriate risk mitigation strategy. This may in exceptional circumstances include enabling
contracts or specialist advance contracts (e.g. archaeological excavation, contaminated
ground remediation, or asbestos removal).
(h)
The Design Team shall determine whether such enabling contracts are appropriate and if so
determine a program of design work to allow those enabling contracts to be carried out
without delays to the overall project programme. They should also inform the Client and
obtain the Client’s agreement to the proposed procurement strategy. Where the proposed
enabling works will cause significant delays to the program or incur significant additional
costs, the Client in turn should inform the Planning and Building Unit and obtain agreement
for the change in design and procurement strategy and additional costs.
(i)
Where the risks associated with ground conditions, archaeology and/or underground utilities
are to be dealt with under the main contract, the Design Team must determine whether risk
transfer is appropriate.
(j)
Any significant risk of archaeological items of value should only be transferred after full
archaeology investigation, and where appropriate an enabling contract. Any substantive risk
transferred should be measurable and consequently capable of being costed by the
Contractor.
(k)
The risk of unforeseeable ground conditions should only be transferred after a full site
investigation. Any risk transferred should be minimal. Where the risk is appreciable either the
risk should not be transferred, or further investigation should be done to minimise risk.
(l)
The risk of unforeseeable utilities buried in the ground should only be transferred after full
desk-top and site investigation (if required). As with ground conditions, any risk transferred
should be minimal.
(m)
In the case of Event 21 - unforeseeable delays by utility companies, it is a judgement call.
Where such delays are critical to the programme and will have a high cost to the Contractor,
risk transfer is not recommended. Where there is slack in the project delivery programme
and such delays can be accommodated without undue disruption, risk transfer is acceptable
(n)
Where in the judgement of the Design Team risk is being transferred on one of the above
events NO should be entered into the relevant box in the schedule (i.e. this is not a
compensation event).
(o)
Where in the judgement of the Design Team risk on one of the above events should not be
transferred the word YES should be entered into the relevant box in the schedule (i.e. this
event is a compensation event).
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4.20 Specialists
(a)
All sub-contractors must be either “domestic” or named specialists under all the standard
Public Works Contracts. Nominated sub-contractors are not permitted.
(b)
The standard DoES etenders advertisement, contract notice and suitability questionnaire
(Contractors) are designed on the assumption that there will be no specialists i.e. that all
sub-contractors will be domestic
(c)
As the new forms of contract assign to the Contractor single point responsibility, it is deemed
that, unless the particular project has a level of complexity beyond that of a normal school
project, the use of specialists including M&E and Lift is not required. The default position is
therefore no specialists. This includes projects with elements of work with some (limited)
design based on a performance specification, as long as the performance specification is
unambiguous, clear, achievable and capable of being competitively priced by the Main
Contractor.
(d)
[As the M&E and Lifts are considered domestic, the Contract documents should be formatted
so that the installations are not carried out piecemeal, i.e so that there is a requirement for a
single co-ordinator for each of the Mechanical (either Contractor's personnel or the
Mechanical Installation sub-contractor) and Electrical Installations (either Contractor's
personnel or the main Electrical installation sub-contractor) and so that each element (e.g.
fire alarm system) of each installation is carried out by one competent sub-contractor only . ]
(e)
If it is deemed by the Design Team as a group that the project has a level of complexity
sufficient to justify the use of any specialists including M&E and Lift specialists , the Design
Team through the Client must seek the written agreement of the Planning and Building Unit.
(f)
While the Public Works Contracts allow for a range of procurement methods for named
specialists, the only procedure permitted by the DoES is that of an Employer named Panel of
Specialists
4.21 Detailed Design
(a)
Having submitted the Planning application, Fire Certificate application and the Disability
Access Certificate application, determined the appropriate level of risk transfer (and where
the project has a particular level of complexity justifying specialists obtained the Planning and
Building Unit’s agreement to a panel of specialists), the Design Team is ready to commence
work on detailed design.
(b)
The detailed design shall comply fully with the written brief (and any agreed amendments),
the agreed Schedules of Accommodation, the approved cost limits, and all other applicable
Department of Education and Science Technical and Design Guidelines [available at
www.education.gov.ie under Technical Guidance].
(c)
The onus and responsibility remains with the Design Team to ensure that the detailed
drawings are in accordance with the Grant of Planning Permission, Fire Safety Certificate
and Disability Access Certificate obtained, and comply with the Building Regulations.
(d)
It is essential that thorough pre-planning of the building, services and external works should
take place at this stage. This pre-planning should be of such a nature that Employer’s
Representative change orders in the post contract stage will be kept to a minimum.
(e)
There is no allowance for Contingencies, Provisional Sums, or Prime Cost Sums in the
Department of Finance Public Works Contracts. Consequently it is essential in so far as is
practicable to ensure that the works are fully designed and detailed before going to Tender.
(f)
There is no provision for nominated Sub-Contracts (see Section 4.20).
(g)
Where practicable, elements that otherwise might be designed or selected during the
contract should be designed and specified pre-tender, and included in the tender documents.
For example, floor and wall finishes can all be fully specified pre tender – this does not
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preclude the selection of a particular colour or pattern (from within the range specified) during
the contract.
(h)
Items of work with an element of design based on a performance specification are
permissible. However the specification must be clear and based on objective measurable
standards. For example, a lift installation might be specified in terms of the dimensions,
carrying capacity and relevant standards.
(i)
If the visual appearance is important, this too should be specified (e.g. brushed steel
surrounds, type and size of control panel, etc).
(j)
The Design Team is not precluded from prior research to determine the range and type of
goods on the market, but must not specify goods in such a manner as to unjustifiably exclude
competition.
(k)
All specifications must conform to national guidelines and EU Directives on Technical
Specifications.
(l)
Specifications should be based on the material specification, the applicable standards and
the performance required.
(m)
Where possible, materials should be described by their generic names and performance
requirements, and not by their proprietary name. Where the Product name or Manufacturer’s
name cannot be avoided, the names or all other known products (and their manufacturer)
also complying with the specification should also be listed. In addition, it must be clearly
stated that all products meeting the specification standard or the standard of any of the listed
products is also deemed to be acceptable.
(n)
Approval of alternative products (meeting the standard) is not at the discretion of the
Employer’s Representative and specification clauses so stating must not be included in the
specification. If the product meets the standard in the specification it must be approved.
4.22 Detail Design Cost Control
(a)
The approved project cost at Stage 2a (or as reviewed and agreed subsequent to that Stage)
must not be exceeded.
(b)
Where Abnormal Works arise which were not previously approved (only additional costs
arising from unforeseeable Planning and Fire Certificate conditions will be considered) the
Design Team shall report to the Planning and Building Unit through the Client and request an
amendment to the approved costs. The procedure for justification of abnormals shall apply.
(c)
Where the approved cost limits will be exceeded (other than as above) the Design Team
must review the design and selection of materials to achieve the necessary cost reductions
prior to proceeding with the completion of Detailed Design.
(d)
The production of detailed design drawings and specifications and the preparation of Bills of
Quantities based on proposals in excess of the area limit or the approved cost limit or not in
accordance with the Department’s Guidelines are not permitted. It will also cause delays in
the Project and will result in abortive work by Design Team members at their own expense.
(e)
Any additional work arising from the preparation of the Bill of Quantities or Pricing Document
before the relevant detailed design work has been substantially completed will also be at the
Design Team’s own time and expense.
4.23 Enabling Contracts
(a)
Where, in exceptional circumstances, the Design Team have recommended one or more
enabling contracts and obtained Client and Planning and Building Unit agreement for those
contracts, they must ensure that adequate time is allowed both for the procurement of the
relevant contractors and carrying out the works prior to the appointment of the Main
Contractor.
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(b)
For small enabling contracts (less than €50,000 and with a cumulative value of less than
20% of the anticipated Contract value), the relevant Design Team member should seek
tenders from at least 5 suitable firms detailing the scope of the work and the terms and
conditions. For larger enabling contracts the normal procurement requirements for a main
contract apply including advertising on the e-tenders web-site.
(c)
Where the cost of the enabling contract(s) is (in the view of the Quantity Surveyor recorded
in writing) within the assigned budget for that element of the works and will not cause
additional project costs, the relevant Design Team member should seek the approval of the
Planning and Building Unit to proceed to appoint the lowest suitable tenderer on behalf of the
Client. The cost of these enabling works where agreed in advance will be paid by the Client
and funded by the Department of Education & Science.
(d)
Where the cost of enabling contract(s) will exceed the assigned budget for that element of
the works or will cause additional project costs the Design Team should seek approval from
the Planning and Building Unit through the Client for such expenditure prior to award of the
enabling works contract.
4.24 Suitability Assessment of Contractors
(a)
The procedure for the appointment of a contractor will be the restricted procedure, with
Contract Award based on Comparative Cost of Tender.
(b)
Further advice on the requirements and procedures and standard DoES pre-qualification
questionnaires are available on the Department of Education and Science web-site at
www.education.ie (under Technical Guidance) and below.
(c)
Before proceeding to advertise for Contractors on e-tenders (applicable to all projects over
€50,000 ex VAT capital value) the Design Team must seek the authorisation of the Planning
and Building Unit to commence the pre-qualification process. In general circumstances
Design Teams will not be authorised to proceed to pre-qualification unless (at that time) the
project is programmed to proceed to construction without undue delay. Authorisation to prequalify does not however guarantee that the project will proceed to construction - as always
any authorisation to proceed to construction is based on the available funding at the time.
(d)
Subject to the above the Design Team must allow adequate time for the pre-qualification of
contractors. This is normally done in parallel with the Detail Design stage.
(e)
The DoES Contractor Suitability Assessment Questionnaire is a standard
questionnaire and must not be changed in any way. The parts shown in Yellow are
filled in by the applicants and not the School Authority. All the project particulars are
as stated in the eTenders advertisement/Contract Notice.
(f)
The Suitability Assessment Questionnaire should be attached electronically to the eTenders
notice/Contract Notice.
(g)
Once the deadline for responses has passed the Design Team Leader acting on behalf of
the School Authority first determines whether the candidates meet the minimum Financial,
Economic and Technical Standards required. This is a simple Yes or No answer to all of the
Qualification Criteria.
(h)
All those who do not meet all the minimum standards (which are stated in the qualification
questionnaire) must be excluded. It is important to apply the same standard of marking to all
the applicants and not to exclude applicants unfairly.
(i)
If the number of candidates meeting all the minimum standards is less than the number
stated in the Notice, then all the candidates meeting those standards must be included in the
tender process and sent an Invitation to Tender.
(j)
The Design Team Leader (acting on behalf of the School Authority) cannot limit the number
invited to tender to a number less than that stated in the e-tenders Invitation to Tender notice
if there is an adequate number of qualifying candidates.
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(k)
Next the Design Team Leader (in consultation with the QS) marks the remaining candidates
(i.e. using a pre-determined objective marking system) and selects the appropriate number of
candidates (10 in the case of below threshold projects and 8 for above threshold projects)
with the best marks.
(l)
Thus all applicants, being above the minimum standard required, are evaluated qualitatively
(i.e. marked) on the qualitative criteria stated in the Contract Notice (i.e. Educational and
Professional Qualifications (Managerial), Educational and Professional Qualifications
(Personnel), Projects of a Similar Nature over the Past 5 Years, and Measures for Ensuring
Quality).
(m)
A list of all the contractors (and their marks) who expressed an interest in the project in
response to the e-tenders ad/ contract notice must be submitted to the Planning and Building
Unit either with the Stage 2b submission or where the process is not complete at that time as
soon as the pre-qualification process has been concluded. That list should be divided into 2
parts (1) a list of all the contractors who did not meet the minimum standards and (2) a list in
descending order (with the total marks) of all the contractors who met the minimum
standards and were qualitatively assessed. The average annual turnover of each of the 8 or
10 selected candidates should also be included.
(n)
Once the project is authorised to proceed to Tender, the Design Team must notify
unsuccessful applicants that they have failed to qualify. If they have failed to meet any one or
more of the qualification criteria, those criteria should be listed. If they have passed all
qualification criteria, their relative position and marks relative to the lowest successful
applicant (No 8 or No 10 as appropriate) should be stated.
(o)
While there is an onus on the Design Team leader to de-brief unsuccessful applicants, the
extent of the de-briefing should be limited to explaining why they did not meet the minimum
standards or the basis for the marks assigned. De-briefing should not include details of other
applicants other than the total mark of the lowest successful applicant.
4.25 Pre-qualification of Specialists
(a)
As stated in 4.20 Specialists the default position for DoES projects is no specialists. If it
is deemed by the Design Team as a group that the project has a level of complexity sufficient
to justify the use of any specialists including M&E and Lift specialists, the Design Team must
through the Client seek the written agreement of the Planning and Building Unit.
(b)
The only procedure for named specialists permitted by the DoES is that of a Panel of
Specialists
(c)
Where agreement to the formation of a Panel of Specialists is received from the PBU, the
Design Team must amend the e-tenders advertisement/contract notice to indicate that
panels of specialists are being selected and that the names of those on the panel will be
issued with the Tender Documents.
(d)
The Design Team Leader/Building Services Consultant (as applicable) must then prepare a
separate e-tenders advertisement/ non-mandatory contract notice for those specialist panels
to be posted by the Planning and Building Unit on the e-tenders website.
(e)
The standard DoES Suitability Questionnaire (Specialists) will apply and should be attached
(unchanged) to the Contract Notice/e-Tenders advertisement.
(f)
The Suitability Questionnaire (Specialists) is designed to be inclusive rather than exclusive. It
is pass/fail only and the objective is to put as many specialists as possible on the panels as
long as they meet the minimum standard.
(g)
The minimum standard for each criterion is set at a base level as the onus will be on the
Main Contractor (and not the Contracting Authority) to carry out appropriate investigations to
determine the overall competency (including H&S competency) and adequacy of resources
for the particular sub-contract and program of work, of the Specialist to be selected.
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(h)
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It will be the job of the Design Team Leader/Building Services Consultant (as applicable) to
carry out the above qualification assessment. On completion a list of all applicants together
with a copy of the assessment matrix (pass/fail only) should be sent to the Planning and
Building Unit for review. Where circumstances require an immediate response a copy of
same should also be emailed to the relevant Senior Architect/Senior Building Services
Engineer in the Technical Section. The Planning and Building Unit, as always, reserve the
right to audit the selection process.
4.26 Client Consultation
(a)
During the preparation of detail design documents (the Works Requirements) the Design
Team must keep the Client informed (on a continual basis) of progress and any issues which
will affect the programme or the project cost.
4.27 Client Progress report
(a)
In particular, before proceeding to the preparation of the Bill of Quantities the Design Team
must confirm to the Client (in writing) that:
(i)
The project complies substantively in design, form, layout and area with the Developed
Sketch Scheme agreed with the Planning and Building Unit
(ii)
The project complies with most recently agreed Planning and Building Unit area and
cost limits
(iii)
The Design Team has fully considered Health & Safety at all stages and has carried
out a risk assessment of the Design at the Detailed Design Stage
(iv) Either that there were no onerous Planning, Fire Safety Certificate, or Disability Access
Certificate conditions or that the relevant conditions were appealed, or that in
consultation with the Planning and Building Unit it was agreed to accept those
conditions and proceed with the project.
(v)
That all conditions attached to the above approvals have been incorporated in the
detail design documents and that any cost implications have been included in the Cost
Plan.
(vi) And that the project can be constructed within the most recently agreed cost limits if
tendered at that time.
(b)
A copy of above information must also be sent (through the Client) to the Planning and
Building Unit with the Stage 2b report.
4.28 Bill of Quantities
(a)
All construction projects with a construction value of over €1.0m excluding VAT will be
required to include a Bill of Quantities as a pricing document. Projects of less than €1.0m
may also require a Bill of Quantities where the nature and complexity of the project warrants
it – otherwise a detailed schedule of rates will suffice.
(b)
While a full set of detailed drawings and specifications is not required as part of the Client
progress report above, the onus and responsibility remains with the Design Team to prepare
fully detailed drawings and specifications prior to the preparation of the Bill of Quantities.
(c)
Fixed Furniture and Associated Fittings shall form part of the main contract.
(d)
The onus also rests with the Design Team to ensure that the preparation of a Bill of
Quantities does not proceed where it is the professional judgement of the Quantity Surveyor
that the design as proposed will exceed the current approved cost limits, if tendered at that
time. In such an event, the Design Team and the Client shall seek clarification from the
Planning and Building Unit before proceeding.
Department of Education and Science, Planning and Building Unit
Pg 11 of 15
Revised Stage 2b Design Team Procedures
1st Edition Nov 2009
(e)
The Quantity Surveyor must not prepare the Bill of Quantities for any particular element
before the relevant detailed design work has been substantially completed. In particular, the
Quantity Surveyor must not prepare Bill elements and descriptions on incomplete
information, drawings and specifications. The project may proceed to tender only on the
basis of full information and a complete and accurate Bill.
(f)
Where the relevant consultant repeatedly fails to provide the required information and such
failure is affecting the programme, the Quantity Surveyor should notify the Design Team
Leader, and if required the Client.
(g)
Bills of Quantities shall be prepared in accordance with the current method of measurement
of building works agreed between the Society of Chartered Surveyors and the Construction
Industry Federation including any amendments required by the Department of Finance or the
Department of Education and Science.
(h)
The Billl or any attachments to the Bill must not include any reference to Building Services
rates for materials, craftspersons or operatives. These rates do not carry forward to the
bottom line price and cannot be enforced.
(i)
The Preliminary Section of the Bill of Quantities shall include the information required to
complete the Schedule Part 1 (see DTP Practice Note 3 - Guidance on the Preparation of
Tender Documents available on the web at www.education.ie )
(j)
The Preliminary Section of the Bill of Quantities shall also include appropriate clauses
regarding payment by the Contractor for temporary utilities (water, electricity, gas,
telecommunications, etc.) consumed during the works
(k)
Refer also to DTP Practice Note 3 - Guidance on the Preparation of Tender Documents
available on the web at www.education.ie for further guidance on preliminary clauses and
Building Services schedules.
4.29 Conditions of Contract
(a)
The Construction Contract will be the appropriate Public Works contract as below (unless the
project has a particular level of complexity).
If the estimated cost is…
Less than €500k (ex VAT)
Less than €5m (ex VAT)
€5m (ex VAT) or more
Then use….
Public Works Short Form of Contract
Public Works Contract for Minor Building and Civil Works
Designed by the Employer
Public Works Contract for Building Works designed by the
Employer
Reference
PW-CF6
PW-CF5
PW-CF1
(b)
The Schedule Part 1 must be completed in full and included in the tender documents (see
DTP Practice Note 3 - Guidance on the Preparation of Tender Documents available on the
web at www.education.ie )
(c)
The Design Team must not include the contract duration as an award criterion, and must
not allow tenderers to determine the contract length. The contract duration shall be sufficient
to ensure that the Construction work can be carried out safely in accordance with the Safety,
Health & Welfare at Work (Construction) Regulations 2006.
(d)
Performance Bonds are normally required for all construction contracts with an estimated
value in excess of €635,000.
4.30 Tender conditions
(a)
The Design team should refer to DTP Practice Note 3 - Guidance on the Preparation of
Tender Documents available on the web at www.education.ie for information on completing
The Invitation to Tenderers and standard Instructions to Tenderers
Department of Education and Science, Planning and Building Unit
Pg 12 of 15
Revised Stage 2b Design Team Procedures
1st Edition Nov 2009
4.31 Pre-Tender Cost check
(a)
A detailed pre-tender Cost Plan in the same format as the Stage 2a Cost Plan must be
prepared dated not later than 1 month before going to tender.
(b)
This cost check must be completed using the DoES standard form. All data entries must be
completed, together with outline specification notes. The Cost Plan shall include an itemised
list of all abnormal works and works to existing buildings previously agreed.
(c)
The Cost Plan should be based on the completed Bill of Quantities, priced by the Quantity
Surveyor, submitted in both electronic and hard format
4.32 Stage 2b Submission
(a)
Having prepared full tender documentation in compliance with DTP Practice Note 3 Guidance on the Preparation of Tender Documents, and the pre-tender cost check, the
Design Team should prepare a written submission for issue in hard copy to the Client and
(through the Client) to the Planning and Building Unit.
(b)
This submission is required for all projects, both to record the design decisions taken, and to
provide a written record for examination and written approval by the Client.
(c)
The submission must contain the following information:
(i)
A Stage 2b report (bound together in one A4 document), prepared and assembled by
the Design Team Leader with contribution from the other Design Team members,
containing the following:










(ii)
(iii)
A completed and signed Stage 2b Completion Certificate with detailed explanations for
any listed items not marked YES.
A summary of the issues and difficulties encountered and in particular how compliance
with the agreed cost limits has been achieved
A summary Health & Safety report on any residual hazards and risks and the measures
being taken to eliminate, mitigate or control those hazards/risks
A copy of the Client Progress Report submitted to the Client on completion of the
Detailed Design and before preparation of the Bill of Quantities (see 4.27 above)
A completed Area Re-conciliation Sheet APPENDIX A with Stage 1, Stage 2a and Stage
2b areas listed.
Confirmation from the Quantity Surveyor that all information necessary to prepare the Bill
of Quantities was provided by the other Design Team members
A copy of the Grant of Planning Permission/Approval, a copy of the Fire Safety Certificate
and a Copy of the Disability Access Certificate, including evidence of appeal where
appropriate
A report on all the contractors who submitted Expressions of Interest as at 4.24(m)
Suitability Assessment of Contractors above
An updated programme including the pre-qualification of Contractors (where appropriate)
indicating the time (in weeks) required for each remaining stage of the project
The completed TGD006 Energy Information Form
The Pre-tender Cost Check (as above)
A complete set of Tender Documents in compliance with DTP Practice Note 3 Guidance on the Preparation of Tender Documents
4.33 Authorisation to proceed to Tender
(a)
The Client and the Design Team are required to note that completion of Stage 2b and
submission of the relevant documents does not authorise the Client or Design Team to
proceed to Tender.
Department of Education and Science, Planning and Building Unit
Pg 13 of 15
Revised Stage 2b Design Team Procedures
1st Edition Nov 2009
(b)
In all cases the prior written authorisation of the Planning and Building Unit is
required to proceed to Tender. Failure to comply may result in a requirement to retender the project at the Design Team’s own expense.
(c)
When Stage 2b is complete, and the submission has been sent into the Planning and
Building Unit, the Planning and Building Unit may elect to audit the submission and the
standard of Tender Documentation for compliance with the Design Team Procedures and
other guidance documents.
(d)
Other than an audit of selected projects, the Planning and Building Unit will not examine
projects in detail and in any event will not correct procedural or contractual mistakes. The
onus rests with the Design Team to prepare a fully detailed and compliant Tender package
for issue to the pre-qualified contractors.
(e)
Any contractual issues, abortive works or additional Design Team input required as a result
of inadequate, non-compliant or incomplete Tender Documents are the responsibility of the
Design Team, and the Planning and Building Unit reserves the right to request the Client to
seek recompense from the Design Team members’ Professional Indemnity Insurance for any
costs or delays arising therefrom.
(f)
While the Client and Design Team are not permitted to proceed to tender without prior written
authorisation from the Planning and Building, the Design Team may submit fee invoices for
the preparation of the Stage 2 documentation after a period of 3 weeks has elapsed from the
date of arrival of a fully compliant Stage 2b submission in the Planning and Building Unit.
(g)
Where the submission is deficient in any respect or where inaccurate or incorrect information
has been submitted, the Planning and Building Unit reserves the right to return invoices and
either (i) carry out a full audit of the submission and/or (ii) request that the Design Team
review the submission in detail and resubmit in compliance with these procedures. In either
case the payment of Stage 2b fees will not become due until 3 weeks after an apparently
fully compliant submission and received by the Planning and Building Unit.
(h)
In the event that Stage 2b fees are paid and the submission is subsequently found not to be
compliant (for example where the submission is audited), the Planning and Building Unit may
advise the Client to recoup a portion or the entire Stage 2b fee by withholding monies which
may become due on this or any other Department of Education funded project. [Excess costs
over and above the approved project budget are a Planning and Building Unit indicator for
the selection of projects to audit.] The terms of the applicable Consultancy contract applies.
Department of Education and Science, Planning and Building Unit
Pg 14 of 15
Revised Stage 2b Design Team Procedures
Appendix D
1st Edition Nov 2009
Stage 2b Completion Certificate
[See www.education.ie for Stage 2b Completion Certificate in Word format]
When Stage 2b is complete, this Certificate must be completed and submitted via the Client to Planning
and Building Unit, Tullamore. No Payment of Stage 2b fees will be made until the completed Certificate
is received by the Planning and Building Unit.
If answer is no to any of the following please provide a detailed explanation
YES/NO
Has the Stage 2b submission been prepared in accordance with Section 4.32 Stage 2b
Submission, with a complete set of Tender Documents attached?
Does the Detailed Design comply substantively in design, form, and layout with
previously agreed submissions?
Does the Stage 2b DETAILED DESIGN submission comply with ALL previously agreed
area and cost limits?
Have all drawings, specifications and other information/documents necessary for the
construction of the building been prepared in accordance with DTP Practice Note 3 Guidance on the Preparation of Tender Documents?
Have the conditions attached to the Grant of Planning Permission/Approval and Copy
of the Fire Safety Certificate been incorporated in the submission, and that any cost
implications have been included in the Cost Plan
Has a Preliminary Health and Safety Plan been prepared for inclusion with the Tender
Documents?
Has a detailed pre-tender Cost Plan in the same format as the Stage 2a Cost Plan and
dated not later than 1 month before going to tender been prepared?
Is the detailed pre-tender Cost Plan within the agreed Stage 2a project cost?
Is this form signed by all the Design Consultants AND the Client (where not the
Department of Education and Science)?
Signed (Firm’s Project Director)
Firm
Date
Architect
Civil/Structural
Building Services
Quantity Surveyor
I confirm that the above documents have been prepared and the project is ready to go to tender
Signed:
School:
(Chairperson Board of Management)
Department of Education and Science, Planning and Building Unit
Pg 15 of 15
Date: