Art. 101. Contracting entities

1. The performance of works, services and supplies contracts is conducted by the sole project manager, who controls the quality levels. The sole project manager, during the execution phase, works with the executive director of the contract or the site manager, the health and safety coordinator during the performance provided for by Legislative Decree No. 81 of April 9 2008, as well as the tester or inspection board, and the compliance verifier, and ensures the proper and effective performance of the functions assigned to each of those awarded.

2. For the coordination, management and technical and accounting monitoring of the performance of public works contracts, the contracting entities identify, before the initiation of the procedures for the award, instigated by the sole project manager, a site manager that may be assisted, in relation to the complexity of the intervention, by one or more operational managers and building yard inspectors.

3. The site manager, with the works management office where he is established, is responsible for the technical, accounting and administrative control of the performance of the intervention so that the works are performed in accordance with the rules and in accordance with the project and the contract. The site manager is responsible for coordinating and supervising the activity of the entire works management office, and exclusively liaising with the performer regarding the technical and economic aspects of the contract. The site manager is specifically responsible for accepting materials, also based on the quantitative and qualitative control of the official inspections of the mechanical characteristics and in compliance with the provisions of the technical standards for construction in force. The site manager carries out all the activities and tasks expressly assigned to him by the Code as well as:

a) Regularly verifying the possession and validity of the documentation of the performer and subcontractor under the laws in force regarding obligations to employees

b) Maintaining constant validation of the maintenance program, user manuals and maintenance manuals, modifying and updating the contents when work is completed

c) Reporting to the person in charge of the proceedings of the breach by the performer of Article 105

d) Carrying out, if in possession of the requirements required by current safety regulations, the functions of coordinator for the performance of works. In the event that the site manager does not carry out these functions the contracting entities provide for the presence of at least one operational manager in possession of the requirements laid down by law, to assign them to

4. Assistants with the role of operational manager collaborate with the site manager to verify that the individual jobs of the works to be completed are carried out properly and in compliance with the contractual clauses. The assistants are answerable for their activities directly to the site manager. Operational managers may be assigned the following tasks, among others, by the site manager:

a) Verify that the performer carries out all the law enforcement practices relating to the denunciation of the calculations of the structures

b) Plan and coordinate the works inspector activities

c) Take care of the updating of the general and detailed time schedule of works and promptly report to the site manager any deviations from the contractual forecasts by proposing the necessary corrective interventions

d) Assist the site manager to identify the interventions necessary to eliminate defects in the design or execution

e) Identify and analyze the causes that negatively affect the quality of the work and propose appropriate corrective actions to the site manager

f) Assist the testers in carrying out inspections

g) Examine and approve the inspections program and commissioning of installations

h) Direction of specialist jobs

5. Assistants with building yard inspection functions shall collaborate with the site manager in the supervision of works in accordance with the requirements laid down in the special tender conditions. The position of inspector is covered by one person who carries out his activity in shifts. They are present full-time during the period that the work requiring day-to-day monitoring is carried out, as well as during testing and maintenance phases. They are answerable for their activities directly to the site manager. Among others, the following tasks may be entrusted to inspectors:

a) Verification of the accompanying documents of supplies of materials to ensure that they comply with the requirements and are approved by the supplier’s quality control structures

b) Verification, before commissioning, that the materials, equipment and installations have passed the test stages prescribed by quality control, the applicable regulations or the contractual requirements under which they were built

c) Control over subcontractor activities

d) Control over the proper performance of works as regards drawings and contractual technical specifications

e) Assistance in laboratory tests

f) Assistance to the inspection of work and the commissioning and acceptance of installations tests

g) The preparation of accounting records and the execution of the measurements when they have been delegated by the site manager

h) Assistance to the coordinator for performance

6. For the functions of the coordinator for the performance of works Article 92 paragraph 1 of Legislative Decree No. 81 of 2008 applies.

6-bis. For services and supplies of particular importance, to be identified by the Decree referred to in Article 111, paragraph 1, first sentence, the contracting entity may, acting on the advice of the executive director, appoint an assistant to the executive director, with the functions indicated by the same Decree. paragraph introduced by legislative decree no. 50/2017 in force from 20-5-2017
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