Case Study Flashcards

1
Q

What is the entity known as Advance Plus? Is this just a trading name, or a JV of some form?

A

Advance plus is a trading name for MWH Treatment Ltd
There is a SWA between MWH Treatment Ltd and J Murphy and Sons Ltd
It is unincorporated, both remain separate legal entities

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2
Q

What is the basis of the amendments to the contract used for the framework and the projects?

A

Their Client favoured amendments, such as:
- Removal of CE Clauses
- Amendment to the reply period for CE’s
- Additional reasons for disallowed costs
- Amended Payment Terms

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3
Q

Was the gain share 50/50?

A

Yes and there was a GMP

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4
Q

Was there a cap on the pain and gain?

A

Yes there was an upper and lower limit

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5
Q

What were the key dates in the contract?

A

Each project had a sectional completion, Verulam Rd’s was May 2023

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6
Q

What were the X7 delay damages?

A

£661 per day for Verulam Rd

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7
Q

What was the basis of the third party KPIs? How would noisy works have factored into them?

A

One of the third party KPI’s we were measured on is receiving WOW nominations - 2 / year / site. The more noise and disruption, the less likely we would receive a WOW nomination

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8
Q

Can you explain further how the carbon footprint calculations worked?

A

This was calculated by multiplying “unit of business operation” (in this instance projected litres of diesel) with “operation specific emission factor” to produce the carbon footprint

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9
Q

How does auger boring deal with services, both known and unknown? What about trees and the like?

A

Utility Surveys: Before commencing auger boring operations, thorough utility surveys are conducted to identify the location of existing underground services.
Mapping and Marking: Once utilities are identified, their locations are accurately mapped and marked on the ground surface to guide the auger boring equipment and minimize the risk of accidental strikes.

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10
Q

How does the auger deal with obstructions?

A

Mechanical excavation using auger attachments or specialised cutting tools
Auger can be stopped, removed and obstruction removed from breaking the surface

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11
Q

Was Clause 60.1 (12) amended? If so, in what way?

A

Within the main contract with the Employer, yes it was deleted

Within the Subcontract, we originally tried to remove it, however as the project location, Southport, is renowned for poor ground conditions, and with only a few trial holes or bore holes completed prior to the tender process, the ground conditions of the proposed route were largely unknown. This meant Subcontractors would not accept deletion of clause 60.1 (12)

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12
Q

Did you seek and obtain consent from your client to use the project for your case study?

A

Yes, consent was granted

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13
Q

At what stage of the project did you consider an alternative installation methodology?

A

Following initial design and an outlined programme being completed, based on the tender methodology of open-cut excavation, I undertook a task to determine where I believed there were risks to the project in relation to time and cost and how these risks could be mitigated by undertaking different methodologies

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14
Q

What consideration had been undertaken during the tender stage?

A

It was tendered on Open Cut for the following reasons:
- WI outlined the requirements
- Open cut is a tried and tested method that has been used for years
- Tendering team didn’t take into account project location and feasibility
- This was a lesson learnt from the project
- As a project delivery team, we looked at alternative methods for delivering the works

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15
Q

Did you test/check that the tender prices for open-cut were still valid?

A

I did test check it and the works were still in-line the tender sum:
- Priced using CESMM
- I issued a redacted BOQ to the market for their rates, which came in in-line with tender

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16
Q

Did you undertake market testing of the auger boring installation?

A

Yes, I competitively tendered the auger boring package, receiving three like for like quotations

17
Q

How did you shortlist the auger boring companies?

A

I chose three suppliers from UU’s approved supplier list for Auger/Tunnelling works. My decision was based on previous project history

18
Q

How did your determine the risk provision of £40k?

A

We had a risk register, which calculated based on:
Likelihood
Time Impact
Prob %
Min £m
Max £m
Most Likely £m

19
Q

Did you assess if there was any difference in drive productivity between the original ground conditions and the actual ground conditions after the auger head had been amended?

A

Yes, however amending the auger head, which I agreed was a CE to the Subcontractor, ensured that their drive productivity was maintained

20
Q

How did you present your options for the different methodologies?

A

I produced a presentation, which was structured in a clear and organised manner, providing relevant context, and highlighting key features and differences between each methodology.
It first provided an overview of the programme/cost risk that the different methodologies aimed to address
I then provided a brief overview of each methodology, Open Cut, Auger Boring and HDD
I then looked at the key features, strengths, limitations, opportunities and threats of each.
I then compared each methodology based on:
- Best value solution.
- Programme impact.
- Health and safety benefits.
- Reduced impact on third parties.
- Reduced carbon footprint.
I then concluded providing my recommendation based on project requirements and client requirements

21
Q

One of the criteria you highlighted was ‘best value’. Can you explain what ‘best value’ means?

A

Most favourable combination of cost, quality, and performance
It recognises that the lowest-priced option may not always represent the best value if it fails to meet quality standards, performance expectations, or long-term objectives.

22
Q

Did you present in different ways to your senior management compared to your client?

A

No, it is NEC3 Option C with the client, therefore we’re encouraged to be open and honest with the Client, therefore following snr management approval, I presented in the same way, as any pain or gain share is split 50/50

23
Q

Size of Manholes

A

Size of MH’s varied due to number of flows coming into them, but ranged from 2m to 3m in diameter

24
Q

Cost difference between HDD and Auger Boring?

A

HDD was cheaper for the drives themselves, however this is undertaken from the surface, therefore didn’t include for construction of shafts.
These shafts would then be converted to MH’s which were required in the design to connect into the existing network.
As such, Auger Boring offered Lowest Value to the Employer

25
Q

How is pain/gain calculated? When is it taken?

A

It is calculated on an ongoing basis in monthly AFP’s. This ensures both parties know their liability. Pain is only then taken at the project completion

26
Q

Talk about the implementation of the CE?

A

It was raised under Cl 60.1(12) Physical Conditions.
I reviewed their entitlement and once I determined they were entitled I instructed them to complete the works and submit a quote and supporting programme under clause 61.1
I reviewed the quote and programme with the project team
I also ensured all rates, fee’s are inline with CD2
I then assessed and implemented the CE
It’s impact was a change of Completion by 3 days and £33k increase to the total of the Prices

27
Q

Under NEC3 Option C (Target Cost) are you paid for rectifying defects?

A

Yes, so long as they are before completion and not caused by Contractor not complying with WI
Any post completion then No
If I were instructed to search for a Defect and find none, then this a CE

28
Q

What risks and opportunities did you advise on as part of your tender recommendation report?

A

Opportunities:
- Multiple Drives could be undertaken simultaneously, improve programme
- Less road disruption, better customer satisfaction

Risks
- Subcontractors won’t accept deletion of Cl60.1(12) therefore risk is on us as it’s removed from main contract
- Less tested methodology than open-cut