db presentation 2010 const conf v...

DESIGN-BUILDDESIGN BUILD

Design-BuildAuthorizationProject SelectionProject SelectionCriteriaSelection/Award ProcessWarrantiesWarrantiesDesign-Build Construction

Engineering and InspectionMaterials AcceptanceMaterials Acceptance

DESIGN-BUILD AUTHORIZATIONAUTHORIZATION

AuthorizationAuthorization

Design Build (D-B) Contracting AuthorizationDesign Build (D-B) Contracting Authorization –FLORIDA STATUTES

D B Major Projects Authorization 337 11(7) F SD-B Major Projects Authorization – 337.11(7) F.S.BuildingsM j B idMajor BridgeLimited Access FacilitiesRail Corridor

Estimated cost exceeds $10M

AuthorizationAuthorization

Design Build (D-B) Contracting AuthorizationDesign Build (D-B) Contracting Authorization FLORIDA STATUTES

Minor D B Projects Authorization 337 025 F SMinor D-B Projects Authorization –337.025 F.S.Innovative Contracting Statute – Annual Cap of $120M$

Minor BridgeResurfacing (no widening/shoulder work)Resurfacing (no widening/shoulder work)Projects not covered by 337.11(7) F.S.

Estimated Cost less than $10MEstimated Cost less than $10M

DESIGN-BUILD PROJECT SELECTIONSELECTION

Project SelectionProject SelectionDesign Build (D-B) contracting should be considered on

the following types of projects:the following types of projects:Demand an expedited schedule and can be completed earlier Require minimal Right of Way acquisition and utility relocationWell defined scopeWell defined scopeAllow for innovation in the design and/or construction effortLow risk of unforeseen conditionsLow possibility of significant changes

Project SelectionExamples of projects which may be good D-B

contracting candidates:Major BridgesMinor BridgesMinor BridgesITS (computer signalized traffic)Intersection improvement (with known utilities)B ildi ffi b ildi tBuildings-office building, rest areas, welcome stations, etc.

Project SelectionExamples of projects which may be good D-B

contracting candidates (continued):Interstate wideningRural WideningFencingLandscapingLandscapingLightingSi iSigningSignalizationGuardrail

Project Selectionoject Se ect oExamples of projects which may not be good j y gD-B contracting candidates are:

Major bridge rehab/repair with significant j g p gunknowns

Rehab of movable bridges

Urban construction/reconstruction with major utilities, major subsoil, R/W or other major unknowns

DESIGN-BUILD CRITERIADESIGN BUILD CRITERIA

Developing Design-Build p g gCriteria

Adjusted Score or Low Bid?Adjusted Score or Low Bid?Adjusted Score

W t ( d) t h i t b l ti th D B• Want (or need) to have input by evaluating the D-B firm and Technical Proposal (prior to bid time)

• Innovation or potential alternatives existp• Scope is more versatile

Developing Design-Build p g gCriteria

Low BidSt i ht f d j t• Straight forward projects

–(guardrail, noise walls, milling and resurfacing etc )resurfacing, etc.)

• Scope is well defined

Developing D B CriteriaDeveloping D-B CriteriaAll aspects of the project for which there is aAll aspects of the project for which there is a Department preference must be set.

Do we want it?Do we not want it?

Includes multiple disciplines: StructuresIncludes multiple disciplines: Structures, Drainage, Traffic Operations, Permitting, Utilities, Roadway, Striping, Pavement Design, Estimates, FHWA, etc.

Developing the CriteriaDeveloping the Criteria

Information typically gathered before theadvertisement: (Department Concept)

Typical SectionSurveySurveyGeotechnicalUtilitiesPavement Design

Writing the CriteriaWriting the Criteria

Department and Consultant AuthorsExpectations should be clearExpectations should be clearBe specific where appropriateD ’t k f thi d ’tDon’t ask for things we don’t want/need

Pre qualification RequirementsPre-qualification Requirements

Unless specifically stated otherwise in the Advertisement standard prein the Advertisement, standard pre-qualification requirements apply for the designer and contractorthe designer and contractor

Request for ProposalsRequest for ProposalsMuch of the language is standard fromMuch of the language is standard from SCO website

Grading CriteriaGrading CriteriaDecide what is important

InnovationInnovationMaintenance of TrafficAestheticsAestheticsEnvironmentalScheduleSchedule

Assign Points Accordingly

AdvertisementAdvertisement List only the pre-qualifications necessary forList only the pre qualifications necessary for the major items of work.

List consultant work groups that are requiredList consultant work groups that are required.

List the criteria that will be used for evaluating the letters of interestevaluating the letters of interest.

FDOT Ads can be found at the following link: http://www2 dot state fl us/procurement/ads/ahttp://www2.dot.state.fl.us/procurement/ads/advdbld.htm

L tt f I t tLetters of InterestDesign/Build ExperienceDesign/Build Experience

Joint Project Experience

Similar Project Experience

Past Performance (both team members)

Key Personnel and their experienceKey Personnel and their experience

Any applicable commitments (DBE, Ti W ti t )Time, Warranties, etc.)

Issue Escalation &Issue Escalation & Resolution

RFP sets a hierarchy for design issues d t ti i t band construction issues to be

resolved through a defined chain of commandcommand

D-B Firm will be required to set a similar escalation process for both design and construction

Issue Escalation & ResolutionIssue Escalation & Resolution

Design Project Manager Construction Project Mgr

District Design Engineer District Const. Engineer

Director of Development Director of Operationsecto o e e op e t Director of Operations

District Secretary District SecretaryDistrict Secretary District Secretary

STIPENDS

Only on ASDB ProjectsOnly on ASDB Projects

Stipends for unsuccessfulStipends for unsuccessful firms

The Department intends to compensate the unsuccessful short-listed Firms for submitting a proposalTh f l h t li t d Fi iThe unsuccessful short-listed Firms may receive compensation (lump sum) for their efforts in preparing a proposal if the proposal is determined to be responsive Th i d h fThe intent to compensate and the amount of compensation will be noted in the RFPThis decision will be at the discretion of the contracting gDistrict or Central Office.

Stipends for unsuccessfulStipends for unsuccessful firms

Federal funds MAY be used. A Stipend is not intended to compensate the Firms for the total cost of preparing the proposal package.In return, the Department reserves the right to use any of the concepts or ideas within the technical proposals, as the Department deems appropriate.

Stipends for unsuccessful firmsStipends for unsuccessful firmsGUIDELINES FOR ESTIMATING STIPEND AMOUNTS FOR DESIGN

BUILD PROJECTSContract Value Complex Urban and

Rehab. New Construction

ProjectsRange of Stipend

< $5M 0.0050 * Estimate 0.0040 * Estimate $15K - $25K$5M $20M 0 0030 * Estimate 0 0025 * Estimate $15K $60K$5M - $20M 0.0030 * Estimate 0.0025 * Estimate $15K - $60K

$20M - $50M 0.0020 * Estimate 0.0018 * Estimate $36K - $100K$50M - $100M 0.0015 * Estimate 0.0012 * Estimate $60K - $150K

> $100M 0.0012 * Estimate 0.0010 * Estimate $100K +> $100M 0.0012 Estimate 0.0010 Estimate $100K +

Examples:A $4M rehabilitation project would have a recommended stipend of $4,000,000 (0.0050) = $ 20,000.A $30M complex urban project would have a recommended stipend of $30,000,000 (0.0020) = $ 60,000.A $175M new bridge project would have a recommended stipend of $175,000,000 (0.0010) = $175,000.

Alt ti T h i l C tAlternative Technical Concepts

ATC Process allows:

Innovation

Flexibilityy

Time/Cost Savings

Best Value for publicBest Value for public


Used at District discretion on adjusted score D B projects when probability of innovationD-B projects when probability of innovation or alternatives exist

ATC Meetings must comply with Sunshine Law


ATC Meetings:

2 (Max) per D-B Firm

Meeting schedule accounted for as part of g pProject Schedule identified in the RFP

Occur prior to RFP established due date forOccur prior to RFP established due date for ATC formalized submittal

Alt ti T h i l C tAlternative Technical ConceptsATC Submittal must include:ATC Submittal must include:

Description (concept drawings, product details, traffic operational analysis as appropriate)traffic operational analysis, as appropriate)

Usage (where/how will it be used on project)

Deviations from RFPExplanation of DeviationR t f A lRequest for Approval


Analysis justifying deviations from RFP if applicableapplicable

Impacts (during and after construction)V hi lVehicularEnvironmentalCommunityCommunitySafetyLifecycleyMaintenance/operation


Risks (added for Dept. or 3rd Party)

Quality – how is the ATC equal or better in quality or performance

Anticipated Life enhanced or compromised by ATC


Department reviews the ATC and advises:

Concept is acceptablep p

Concept is unacceptable

Concept requires additional informationConcept requires additional information

Department responds within 2 weeks of ATC meeting or submittal of formal ATC.

Correspondence maintained in project file


If an approved ATC deviates from RFP, the department will:

Update RFP Criteria

Issue Addendum

Approved Design Exceptions/Design Variances require an update to the RFPq p

FHWA must approve such changes


Department reserves right to disclose to all D-BDepartment reserves right to disclose to all D B firms any issues identified in ATC meetings or ATC submittals except those determined to reveal confidential or proprietary information


Incorporation of ATC into Proposal:D-B firm can opt to include approved ATC’s as part of proposal

Bid should reflect any approved/incorporated ATC’s

If not selected, D-B agrees to disclose work products associated w/ATC after receipt of Stipend or Contract Award, whichever occurs first

Professional Liability Insurance

Per D-B SpecificationspD-B Contract Amount Minimum Coverage

Up to $30M $1 000 000Up to $30M $1,000,000$30M - $75M $2,000,000> $ 75M $5,000,000

CContract Bonding

Department requires a bid bond and performance bond regardless of the p gdelivery method.

Department Requirements

Currently the Department accepts The Prime Designers Professional LiabilityThe Prime Designers Professional Liability Insurance for the amount stated in the contract andThe Contractors Performance Bond for 100% of the contract amount.

C fli t f I t t P liConflict of Interest Policy

Any Consultant or its affiliate developing theAny Consultant or its affiliate developing the Request for Proposals for a project will not be eligible to compete for that project.

Conflict of Interest PolicyConflict of Interest Policy DESIGN BUILDDESIGN BUILD

The contractor or design professional cannot team, as a Prime, with other firms to submit more than one bid per projectbid per project. The secondary member (i.e. designer or contractor) of the design-build team cannot change, after g g ,award, without the written approval of the District Secretary.

Conflict of Interest PolicyConflict of Interest Policy DESIGN BUILD (continued)

A consultant firm, its affiliate, or sub-consultant, that is under contract with the Department to

Cprovide Construction Engineering and Inspection (CEI) services on the Design-Build contract cannot be part of a Design-Build Team proposing on that contract as a prime or sub consultanton that contract as a prime or sub-consultant.

SELECTION AND AWARD PROCESSAWARD PROCESS

Adjusted Score Design Build Projectsojects

O G DEVELOPING THE LONG-LIST

In response to the Design BuildIn response to the Design-BuildAdvertisement, Letters of Interestare received from Design Buildare received from Design-BuildFirms.

Evaluation of the LOIs is done by the Technical Review Committee (TRC)

Th TRC ll i t fThe TRC normally consists of:

Project Managerj g

Design Office Representative

Construction Office Representative

District Contracting Unit Representati eDistrict Contracting Unit Representative (Non-Voting Member)

THE TRC WILL REVIEW AND EVALUATE THE LOI'S

The TRC will review and discuss each letter and other data

The TRC will develop a Long-List

The TRC will recommend a Short-List of atThe TRC will recommend a Short-List of at least 3 Firms but no more than 6 Firms to the Selection Committee.

DEVELOPING THE SHORT-LIST

Selection/Selection/Awards Comprised of:

Committee Comprised of:

District Secretary

(SAC) Appropriate Directors

y

The SAC shall consider th f ll ithe following:

HISTORY

QUALIFICATIONS

TRC RECOMMENDATIONS

http://www2.dot.state.fl.us/procurement/results/desreslt.htm

CONDUCTING THEPRE-BID MEETING

At the Pre-Bid Meeting theAt the Pre Bid Meeting, the Department will:

Provide Copies of Proposal Instructions

Copies of Specifications

C i f St di S tiCopies of Studies or Supporting Documentation

Answer Questions

RECEIVING THE TECHNICALRECEIVING THE TECHNICAL PROPOSALS (ASDB Projects)

At the time and place specified in the project advertisement, Technical p j ,

Proposals are received.

REVIEW OF THE TECHNICAL PROPOSALS BY THE TRC

The TRC independently reviews all areas ofThe TRC independently reviews all areas of each Responsive Firms Technical Proposal

If necessary, the TRC may requisition assistance from other Technical Advisors

Each TRC member assigns a numerical score to each Responsive Firms Technicalscore to each Responsive Firms Technical Proposal

RECEIVING THERECEIVING THEBID PROPOSALS

At the time and place set forth in the j d i Bid P lproject advertisement, Bid Proposals are

received.

A Bid Proposal consist of both a Sealed T h i l P l d S l d P iTechnical Proposal and a Sealed Price

Proposal.

On ASDB Projects, Th Di t i t

On LBDB Projects, Th Di t i t C t tiThe District

Contracting Unit publicly announces

The District Contracting Unit publicly opens the

Price Proposals and thepublicly announces the TRC scores and publicly opens the

Price Proposals and the Technical Proposal for the low bid. The TRC

sealed Price Proposals.

then determines if proposal is responsive.

On ASDB Projects

Bid Prices are Divided by the Technical Scores.

If a Value-of-Time Factor is included in the RFP, this adjustment is applied to each bid , j ppto determine the Final Adjusted Score.

The Firm having the Lowest Adjusted Score is the apparent winner

On LBDB Projects

BIDS OPENED AND THE TECHNICAL PROPOSAL

IS REVIEWED & DECLAREDIS REVIEWED & DECLARED

RESPONSIVE NON-RESPONSIVE

ORThe Responsive Firm submitting the Lowest Bid is the apparent winner

Low-Bid Technical Proposal Non-Responsive?Non-Responsive?

The TRC reviews the next Lowest-BidTechnical Proposal (and so forth) until aTechnical Proposal (and so forth) until aTechnical Proposal is found to beResponsive or until all of the TechnicalResponsive or until all of the TechnicalProposals have been Declared Non-Responsive.espo s e

The District Contracting Unit

The Technical Review Committee‘sReports

The Technical Review Committee s Findings To

The Selection/Award Committee

The SAC Confirms

Selection Of

/ Award Of

Adjust Score Projects

Low BidProjects

The District Contracts Office Posts the Intended SELECTION/AWARD

And on

On ASDB ProjectsjThe Short-listed Firms Are Individually Notified

THE CONTRACT IS AWARDED TO THE WINNING FIRM

THE CONTRACTTHE CONTRACT DOCUMENTS ARE EXECUTEDEXECUTED.

DESIGN-BUILD WARRANTIESWARRANTIES

Why WarrantiesAligns the DB Firm’s interests with the Department’s

Key to reducing Department riskL t f (lif l )Long-term performance (life-cycle)

Importance: 10% to 20% of Technical pScore

Warranties / Value Added Spec’sWarranties / Value Added Spec s

338 Asphalt Pavement* 3 years338 - Asphalt Pavement 3 years

355 - Concrete Pavement* 5 years

475 - Bridge Component** 5 years

645 - Signalization** 3 years645 - Signalization 3 years

725 - Highway Lighting** 3 years*Standard Specifications

**Developmental Specifications

Warranty ParametersWarranty ParametersDepartment defined minimump

Points awarded for “extent” of warranty above minimumabove minimum

Extent has 4 basic componentsLengthBreadth (components)Breadth (components)Distress Type & ThresholdsC ti MCorrective Measures

W t P t ( t’d)Warranty Parameters (cont’d)

Breadth (what components covered)

S ifi it t id i dSpecific items outside required coverage

“Bumper to bumper”

W t P t ( t’d)Warranty Parameters (cont’d)

Distress type & thresholds

Established for all major items warranteedj

Meaningful evaluation of performance

M bl bj tiMeasurable, objective

Threshold appropriate for time in service

Corrective Measures

Adequate to meet life spanAdequate to meet life span

Backing of WarrantyW t t b b k dWarranty must be backed

Two methodsPerformance Bond Contractor Guarantee (Failure to meetContractor Guarantee (Failure to meet the requirements of the Specification will result in the suspension, revocation, orresult in the suspension, revocation, or denial of the Contractor’s Certification of Qualification for a minimum of 6 months.)

Oth W t A tOther Warranty Aspects

Contractor expected to perform remedial work timely, pay cost (MOB, MOT, etc.) and y, p y ( , , )follow lane closure restrictions

Di t t th St t id Di t R iDisputes to the Statewide Disputes Review Board for binding decision

D-B CEID B CEI

Design Build ConstructionDesign Build ConstructionDesign Build Construction Engineering InspectionDesign Build Construction Engineering Inspection

The inspection is the same for a D-B project as a Design-Bid-Build project.

CEI by In-house FDOT, or

CEI by Consultant hired by FDOTCEI by Consultant hired by FDOT

MATERIAL ACCEPTANCEMATERIAL ACCEPTANCE

M t i l A tMaterial Acceptance

Material Acceptance is the same for a D-B project as on a Design-Bid-Build Project

Applicable RequirementsApplicable RequirementsApplicable RequirementsApplicable Requirements

Laboratory Qualification Program

Technician QualificationsTechnician Qualifications

Independent Assurance Programp g

Quality Control Program

Material Acceptance ProcessesMaterial Acceptance ProcessesMaterial Acceptance ProcessesMaterial Acceptance Processes

Field Sampling & Testing

Manufactured ProductsManufactured Products

Incidental Materials

Unapproved or New Materials

Field Sampling & TestingField Sampling & TestingField Sampling & TestingField Sampling & TestingMinimum sampling/testing frequency available from LIMS

QC Testing by D-B Firm

Verification & Independent Verification Testing by the Department (or Consultants)

Resolution Process when non-comparisons occur

Quality Control Plan Required before constructionQuality Control Plan Required before construction begins

Lab Qualification Program applicableLab Qualification Program applicable

Manufactured Products (QPL/APL)( )Accepted Based on Manufacturer’s Certification

Listed in Qualified Product List (QPL) or Approved Product List (APL)

Certification Complies with Department Guidelines

Material must meet Specification requirementsMaterial must meet Specification requirements

Subject to random Verification Testing

Incidental Material Acceptance

Requires Manufacturer’s Certification Each Product

Certification must include test results

Contractor’s Certification for Installation

N M t i l A tNew Materials Acceptance

Submit Request to the District Materials E iEngineer.

Provide Supporting Documents.Provide Supporting Documents.

Propose the Acceptance Criteria.

If not Accepted, Use Material Referenced in Documents.

L L dL L dLessons LearnedLessons Learned

Lessons LearnedLessons LearnedLessons LearnedLessons LearnedProjects $100 million or greater will be Design

Build

Greater opportunity for scope alternatives and pp y pinnovation

Establish/use a maximum budget amount (MBA)Establish/use a maximum budget amount (MBA) as appropriate

S l t b d lifi ti litSelect based on scope, qualifications, quality, schedule, but cost not to exceed MBA

A+B/Technical Proposal Score when using I/D’s

Lessons LearnedLessons LearnedThe proposal is the commitment. Deviations may require a credit.

Don’t include “non-descriptive” commitments in the proposal.

FDOT should clarify such during the Q & A.

I ti d t i l d i i t FDOTInnovation does not include revisions to FDOT specifications or department policies.

Innovation should be limited to the D/B Firm’s means and methods, approach to project, etc.

Lessons LearnedLessons Learned

“Project Selection Guidelines” are important

Independent “Peer Review” on Major Projects

Use of Bid OptionsUse of Bid Options

Expect what is put in the RFP

Share all available information

QUESTIONS?QUESTIONS?