chesapeake bay trust watershed restoration project ... · assisted contracts in excess of $2,000...

March 21, 2016

Chesapeake Bay Trust Watershed Restoration Project Management Training

Module 1Organizational Readiness

Jeremy Koser, P.E.

Organizational Readiness

Learning Objectives

Explore how my organization needs to prepare to take on large watershed restoration projects.

How to procure contractors (design & construction).

Identifying and Managing Risk.

March 21, 2016

What is needed to plan and execute a large Watershed Restoration Project?


March 21, 2016


Are these types of projects consistent with your organizations:

March 21, 2016

• Mission Statement?

• Strategic Plan?

• Relationships?

• Staff Capabilities/Technical Skills?

Do we need assistance from outside our organization?


What are the project administration requirements?

March 21, 2016

• Contracting/Procurement Process

• Accounting Procedures

• Legal Advice/Representation

• Insurance Carrier/Advice

• Owner/Developer Agreements

• Project Management Procedures

• QA /QC Process


What technical skills are required?

March 21, 2016

• Stakeholder coordination

• Public outreach

• Project planning

• Natural resources inventories/delineation

• Topographic & boundary survey

• Utility locating

• Soil boring drilling/infiltration testing

• Laboratory analysis

• Hydrologic / hydraulic analysis

• Water resource engineering

• Geotechnical engineering / analysis


March 21, 2016

• Permitting/approvals

• NPDES permitting

• Stormwater management

• Erosion and sediment control

• Wetlands/waterways/floodplain impacts

• Forest impacts

• Critical Area

• Grading permit/building permit

• Right-of-way permit

• Structural engineering/analysis

• Traffic control design

• Computer Aided Design Drafting (CADD)

• Geographical Information Systems (GIS)

What technical skills are required?


What data collection, design and management tools are required?

March 21, 2016

Accounting Software

Scheduling Software

CADD Software

GIS Software

Water Resources Design Software

• Hydrology

• Hydraulics

Hand Augers/Drilling Equipment

Survey Equipment

• GPS

• Laser Level

• Total Station

• 3D Scanner

Utility Locating Equipment

• Test hole vacuum truck

• Backhoe


Organizational Readiness Evaluation Form

March 21, 2016

Exercise:

What to consider for hiring contractors(design/construction) outside of my organization?


Contract Type

• Design-Bid-Build

• Design Build

• Master Services Agreement

• On-call

• Discrete Project / Single Source

March 21, 2016

What to consider for hiring contractors (design/construction) outside my organization?


Qualifications

• Request for Qualifications (RFQ)

• Statement of Qualifications

• Request for Proposal (RFP)

• Technical/Price Proposal

• Short-list

• Presentation

• Award

• Pre-qualification

March 21, 2016


• Proof of Insurance

• Professional Liability

• General Liability

• Workers Compensation

• Proof of Licensure

• Business

• Professional Engineer

• Registered Landscape Architect

• Professional Licensed Surveyor

March 21, 2016

• Bonding Capacity

• References

• Certifications



Fee Structure

• Time and Materials

• Fixed Rates and Labor Classes

• Unit Pricing

• Lump Sum

March 21, 2016


What do I need to consider when federal funding is provided?

• Disadvantaged Business Enterprise (DBE) requirements

• Davis Bacon and Related Acts requirements

• Buy American Act requirements

• Others?


March 21, 2016

Disadvantaged Business Enterprise (DBE)

• For - profit small business where socially and economically disadvantaged individuals own at least a 51% interest and also control management and daily business operations.

• Triggered when federal funding is provided.

• Minimum 10% DBE requirement.

• Minority Business Enterprise (MBE).

• Women Business Enterprise (WBE).


March 21, 2016


Davis-Bacon and Related Acts

March 21, 2016

• Applies to contractors and subcontractors performing on federally funded or

assisted contracts in excess of $2,000 for the construction, alteration, or repair

of public buildings or public works.

• Contractors and subcontractors must pay their laborers and mechanics no

less than the locally prevailing wages for work on similar projects in the area.

• The Department of Labor determines the locally prevailing wage rates.

• Preference for the use of domestically produced materials on any

procurements funded at least in part by federal funds.

• May be waived if the domestic product is 50% or more expensive than an

identical foreign-sourced product.

• Not to be confused with the Buy America Act which applies only to mass-

transit-related procurements valued over $100,000 and funded at least in part

by federal grants.

Buy American Act

March 21, 2016



How can I mitigate risks for Design and Construction Contracts?

March 21, 2016

• Risk Identification

• Risk Avoidance

• Risk Allocation

• Risk Reduction

!


March 21, 2016

• Financial/Budget risks

• Liability risks

• Bodily Injury

• Property Damage

• Economic Damages

• Direct vs Indirect Damages

• Project-specific risks !

Risk Identification


March 21, 2016

• All projects carry a certain amount of risk.

• Recognize and avoid unacceptable risks.

• Review project requirements and contract terms and conditions with appropriate consultants (insurance, legal, etc.) before signing a contract

or committing to a project.

• Avoid terms and conditions that create unreasonable and uninsurable risks.

• Avoid responsibility for risks or factors outside of your reasonable control

Risk Avoidance

!


March 21, 2016

• Avoid taking on projects with a scope beyond your capabilities and/or qualifications - Don’t over-commit!

• Knowledge and experience:

Make sure the project team is competent and appropriately staffed.

• Personnel:

Make sure that adequate personnel will be available to do the work and meet deadlines.

Risk Avoidance

!


March 21, 2016

• Allocate risks to the appropriate party.

• Beware of contracts that shift all risk to one party.

• Be sure that the contract allocates specific risks to the party with the best ability to manage them.

• Use flow-down and indemnification provisions to allocate risks to the appropriate party.

Risk Allocation


March 21, 2016

• Seek limitations of liability

• Caps on damages (amounts/types)

• Waivers of subrogation

• Mutual waivers of consequential, special, punitive damages and other types of indirect damages that may be too remotely connected to the project or services to properly control.

Risk Allocation


March 21, 2016

• Obtain/require adequate insurance policies and policy limits to protect against potential losses/claims:

• General Liability

• Workers Compensation and Employer Liability

• Automobile Liability

• Professional Liability

• Builder Risk

• Other policies based on the nature of the project or services

Risk Allocation


March 21, 2016

• Reduce Risks by taking preventative actions to decrease the likelihood, frequency, and severity of the losses.

• Be proactive - prepare a risk response plan for foreseeable risks so that the project team knows what to do when a manageable risk is encountered.

• Details and steps will depend on the nature of the project, location and the specific risks involved.

Risk Reduction


March 21, 2016

Communicate clearly and document all communications between the parties.

• Written documentation is best.Documentation and records to demonstrate that you met all contractual requirements, notice requirements, obtained timely approvals, and provided sufficient information to allow others to make informed decisions.

Risk Reduction


March 21, 2016

Communicate clearly and document all communications between the parties

• Oral communication will occur often

throughout a project, but all key details should be reduced to writing as soon as possible (meeting minutes, memoranda, notes, correspondence, email confirmation, etc.)

Risk Reduction


March 21, 2016

Communicate clearly and document all communications between the parties

• Keeping and organizing good written

records are vital to the success of presenting or defending against claims.

Risk Reduction

chesapeake bay trust watershed restoration project ... · assisted contracts in excess of $2,000...

Documents