NYSDOT DESIGN BUILD. Design-Build Info/Design-Build Moving forward/roles and Responsibilities 2015 Overview. AGC Conference December 10, 2015

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Prudence Potter
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NYSDOT DESIGN BUILD Design-Build Info/Design-Build Moving forward/roles and Responsibilities 2015 Overview AGC Conference December 10, 2015 Where DOT is currently with Design-Build Websites Under

1 NYSDOT DESIGN BUILD Design-Build Info/Design-Build Moving forward/roles and Responsibilities 2015 Overview AGC Conference December 10, 2015 Where DOT is currently with Design-Build Websites Under procurement Potential Projects design-build-projects Past Performance # of Projects 23 projects awarded Average # of SOQs 5.5 Average # of Short-listing 4 Teams Low Bid/Not Low Bid 60.9%/39.1% Technical Quality/Cost(Best Value) 50%/50% 2 1

2 Where DOT is currently with Design-Build Stipends To be eligible for receipt of a stipend: * Pass all the Pass/Fail requirements * Score a min. raw score on the Quality/Technical portion - 60 points * Provide a competitive and reasonable price 150% of BV cost * of course you have to be unsuccessful To receive a stipend: * Have signed the stipend agreement in the allotted time * Have to provide invoices, paperwork, proper overhead etc. * Not have filed a protest 3 Where DOT is currently with Design-Build Information on Stipends * First 3 projects there were no stipends * 20 remaining projects were eligible for stipend payments * 0n the 20 projects 78 firms were Shortlisted * That corresponds to 58 potential stipend payments * 7 DB Teams withdrew before proposal due date =>> 51 * Of those 51 potential stipend payments 9 not eligible or did not receive - 4 failed the min. score requirement - 3 Failed the competitive and reasonable price requirement - 1 failed the Pass/Fail requirement - 1 did not submit invoices for the stipend 4 2

3 Where DOT is currently with Design-Build * Of the 42 remaining eligible stipend payments - 23 have been paid totaling $4.2 M - 19 are under process valued at a potential of $1.56M > 4 at OSC > 9 in Audit > 6 in Contracts 5 Where DOT is currently with Design-Build PLAs Of the 23 projects awarded to date 17 have had Due Diligence studies performed 5 PLAs have been executed on the 23 projects awarded to date 6 3

4 Where DOT is currently with Design-Build Past year changes Scoring - 0 to 5 0 to 10 LDs for changing personnel once project is awarded BTW we are now going to refer to this as a Key Personnel change Assessment Fee -- have to report on Past performance in next DB Stipend Agreement now due 20 Calendar days after Proposal due date Expanded the DBE past performance evaluation criteria Unrestricted number of ATCs that can be submitted Design Services Payment First month 10% 25% More specific on the schedule technical scoring relative to the sub-factors that comprise it. Key Personnel scores in RFQ carried forward to RFP 7 Where DOT is currently with Design-Build Past year changes Work Payment schedule-last three items 5%,2%,5% 2%,1%,2% Minimizing the inclusion of indicative plans Incentivizing more in the Design-Build contracts Worked with Industry to Modify wording for Key personnel the shall and should 8 4

5 Where DOT is headed with Design-Build RFQ Removal of the 3 major risks evaluation criteria and shortening of the requirements for SOQ submittal RFQ to SOQ due date 5 4 weeks LOI posting to release of RFQ 4 3 weeks RFP inclusion of 3 major risks and mitigation of those risks RFP Factors have to be consolidated so scores don t get diluted For clarity purposes when special specifications are noted in the RFP to be used then the copy of that specific spec. will be included in the contract documents Working with Industry to better define the Work Payment Schedule (WPS) or provide better mechanism for payment to avoid instances where Design-Builder is financing portions of project 9 Design on Design-Build Projects Roles and responsibilities of the Design-Builder Quality Control Roles and responsibilities of the Department Quality Assurance 10 5

6 Design-Builder s Organization NYSDOT Project Manager Executive Committee Project Director/Principal Executive Quality Manager Project Manager Design Quality Control Engineer Design Manager Resident Engineer Design Personnel 11 = Reporting Line = Line of Communication The Design-Builder s Role You own the Design it is your stamp, your liability, your errors, your impact on schedule The Design Quality Control To meet the requirements of the RFP, the approved quality control plan, the provisions of the referenced design manuals, the accepted standards of the Department, Part 9 of the RFP the proposal provided Non-conformance issues Reevaluation efforts relative to NEPA Shop Drawing reviews and approvals Risk evaluation, and assessment and subsequent decision 12 6

7 The Design-Builder s Role (cont.) Protect your Design, protect your professional ethics, protect your Professional Reputation, Protect your Professional License Environmental Permitting Affect the communication in the Design-Build process that results in quicker, more efficient turn around of produced documents/plans Obligation to see that your Design is built as designed Provide stamped drawings/plans and As-Built plans 13 Design Units Defining Design Units A distinct portion of the Project which is designed as a contiguous, integrated unit Design-Builder determines Design Units Design-Builder prepares written report detailing Design Units Description Review stages and dates Responsible Engineer Locations of design Design Quality Assurance Engineer reviews and comments on Design Unit Submissions and tracks resolution of Design-Builder responses to comments through submission of RFC Documents Release for Construction Initials of DQAE on sheets approved for release 14 7

NYSDOT Organization Chart Commissioner Design-Build Program Director NYSDOT Project Manager Design Quality Assurance Engineer (NYSDOT and Consultant) Communication Construction Quality Assurance

Quality Assurance Engineer Design QC Engineer s Activities and Performance Verifies DB Design Quality Control Plan is followed Examples of Work include: Overseeing Design QC Engineer s Activities

8 NYSDOT Organization Chart Commissioner Design-Build Program Director NYSDOT Project Manager Design Quality Assurance Engineer (NYSDOT and Consultant) Communication Construction Quality Assurance Engineer (NYSDOT) 15 NYSDOT Organization Chart Design Quality Assurance Engineer Reports to Department s Project Manager Interfaces with: Design-Builder s Designers/Engineers NYSDOT Construction Quality Assurance Engineer Design QC Engineer s Activities and Performance Verifies DB Design Quality Control Plan is followed Examples of Work include: Overseeing Design QC Engineer s Activities Performing Design Reviews Tracking all review comments Verifying Contract and NYSDOT Standards are followed Identifying Non-Conformance Designs Requiring Justifications Ensuring Design Exceptions and Non-Standard Features Receive Proper Approvals Reviewing Final Design Documents and As Built Drawings Initialing Release for Construction Drawings 16 8

Design Oversight Role The Department Is the Design-Build Team following the Quality Control Plan? Are the Designs in compliance with the requirements of the RFP?

9 Design Oversight Role The Department Is the Design-Build Team following the Quality Control Plan? Are the Designs in compliance with the requirements of the RFP? Are the plans deviating from the Department s standards? Are the Designs in compliance with the Manuals referenced in the RFP? Is the approach that of which is presented in the DB team s proposal? Are Non-conformance issues being addressed timely and properly? For all intent purposes this is an auditing function! The amount and frequency is a function of the results to date. Problems will generate more frequent and potentially more intense scrutiny. Less problems should generate a less aggressive approach. 17 Contract Overview Project Specific Provisions RFP Part 3 -Project Requirements RFP Part 4 -Utility Requirements RFP Part 5 -Special Provisions RFP Part 6 -RFP Plans ( indicative/dirctive) RFP Part 7 -Engineering Data RFP Part 8 - Special Specifications RFP Part 9 The DB teams Proposal 18 9

10 Day to Day Roles and Responsibilities Key Differences Design-Build vs.. Design-Bid-Build Reporting Lines Non-conforming work in design Preferences Contract Requirements In RFP rather than in plans Design Audit Verbal and Written Comment Guidance Participation in Design-Builder Progress and Coordination Meetings Tools, Technology and Documentation 19 What is Quality? Other Issues of Interest There is an expression of fear in the delivering of quality that some have said are driving up the Design-Build costs In procurement there is an established minimum of quality that is called for in the RFP If you meet just those requirements you should get a score of 6-7. If you provide above and beyond your scores should be higher and likewise for proposals providing less than the minimum scores should be less Designers, Contractors, CI Firms and Material and Quality Testing Firms know what quality is and whether they are meeting quality expectations or trying to cut corners to save dollars There are defined good practices of Design There are the requirements of the RFP 20 10

11 Other Issues of Interest (cont.) There are the standards, standard specs., there s standard practices, your quality control plan, there s your proposal There are no preferences that you have to adhere to good standard practice What s in the RFP is the parameters you as a Design-Builder have to live within, absent an approved ATC, a Nonconformance justification that is accepted or an accepted RFI 21 Design-Builder Quality Organization Quality Manager (QM) The designated representative of the Design-Builder who is responsible for the overall Quality Program of the Design-Builder, including the quality of management, design, and construction Reports to Design-Builder Senior Management Interfaces with: Design QC Engineer Construction QC Engineer NYSDOT Design QA Engineer NYSDOT Construction QA Engineer Examples of Work includes: Ensures Design and Construction QC Engineers Comply with Quality Control Plan Prepares and Manages the DB Quality Control Plan 22 11

12 PDH Questions 1. What Minimum Quality/Technical score has to be obtained to receive a project s stipend? Answer: Quality/Technical score of at least 60 points must be achieved 23 PDH Questions 2. Why does the Department seek a competitive and reasonable price proposal? Answer: D A. To ensure the Design-Builder has submitted a best Price proposal to win the project and not just to collect the stipend. B. To ensure that all shortlisted teams were fully engaged and actively pursuing this project C. To ensure that the taxpayers are getting what they paid for D. All of the above 24 12

13 PDH Questions 3. Who owns the project design? A. The Design-builders Engineering Design firm B. The Department C. The Design-Builder D. All of the above Answer: C The Design- Builder is responsible for the design of the project work. 25 PDH Questions 4. Name the Questions that the Department is asking themselves and seeking to Audit as part of the Quality Assurance Oversight? Answer: Is the Design-Build Team following the Quality Control Plan? Are the Designs in compliance with the requirements of the RFP? Are the plans deviating from the Department s standards? Are the Designs in compliance with the Manuals referenced in the RFP? Is the approach that of which is presented in the DB team s proposal? Are Non-conformance issues being addressed timely and properly? 26 13

14 PDH Questions 5. In Design-Build projects what aspect of the process is key to scoring high on the Design-Build approach and key to expedited reviews and the successful completion of the project both within and external to the Design-Build team? Answer: Communication 27 Questions? 28 14

SH 183 Managed Lanes Project RFQ Q & A MATRIX #2. (June 4, 2013)

SH 183 Managed Lanes Project RFQ Q & A MATRIX #2 (June 4, 2013) No. Current language states: Project experience provided by a parent or sister company of the Lead Engineering Firm, Lead Contractor or Lead