Securing & Implementing Legislative Authority for Alternative Delivery of Projects at Sound Transit

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1 Securing & Implementing Legislative Authority for Alternative Delivery of Projects at Sound Transit Chad Brown Sound Transit Construction Manager Seattle, WA Howard Hillinger Parametrix, Inc. Principal Consultant Seattle, WA

2 Agenda Overview of Sound Transit services & programs Alternative Project Delivery Washington State Sound Transit s use of Alternative Project Delivery (APD) Lessons Learned

3 Olympic Mountains Cascade Mountains 3

4 Sound Transit Service Modes ST Express Bus King County Metro Pierce Transit Community Transit Sounder Commuter Rail BNSF Amtrak Link Light Rail King County Metro 2015 Total Boardings: 18,313, Total Boardings: 3,812, Total Boardings: 11,707,604

5 Sound Move/ST2 Current Investments: 24 express bus projects completed 75 miles (120.6 km) of commuter rail service 20.2 miles (32.51 km) of light rail service Additional Investments (2023): 17% express bus service increase 8.2 miles (13.2 km) of commuter rail service 36 miles (57.9 km) of light rail service

6 ST3 Draft Plan Additional Investments (steady succession over next 20 years) Link Light Rail 62 miles of rail 37 new stations Sounder Commuter Rail Extend system south to DuPont (approx. 9 miles) Improvements to increase train capacity Expanding patron parking on north corridor Bus Rapid Transit Increase service in the I-405, SR-518 and SR-522 corridors

7 Delivery Method Determination Risk Management Workshop Constructability Review Program Value Engineering Contract Packaging Workshop Select Contract Delivery Method

8 Washington State Alternative Delivery Authority Alternative Public Works Statue (RCW 39.10) Authorized in 1994 as pilot authority Authorities include DB, GC/CM Subsequently renewed/expanded with substantial legislative oversight Approval authority sunsets every 5 to 7 years

9 Washington State Alternative Delivery Authority Capital Project Advisory Review Board (CPARB) Created by State Legislature in 2005 Review APD Procedures Provide Guidance to policy-makers Enhance quality, efficiency, and accountability of APD methods Project Review Committee (PRC) Created by State Legislature in 2007 Expert review panel reporting to CPARB Review/approve public owner certification (3-year certifications) Review/approve GC/CM & DB applications for non-certified public owners

10 Washington State Alternative Delivery Authority Design-Build Qualifying Criteria For total project costs over $10M 1. Construction activities are highly specialized and a design-build approach is critical in developing the construction methodology 2. Project selected provide opportunity for greater innovation or efficiencies between the designer and builder 3. Significant savings in project delivery time will be realized For parking garages public body may use design-build regardless of cost For pre-engineered metal buildings public body may use design-build regardless of cost

11 Washington State Alternative Delivery Authority Traditional GC/CM Owner carries design risk Award based on qualifications and price factors GC/CM involved in pre-construction phase Subcontract work must be competitively bid (standard process) GC/CM can bid to self-perform maximum of 30% Negotiate a Maximum Allowable Construction Cost (~GMP) at 90% design

12 Washington State Alternative Delivery Authority GC/CM Legislative Modifications (2014) CPARB committee in 2013 (chaired by ST staff member) Committee represented by diverse cross section of industry Modifications for heavy civil construction (e.g. infrastructure improvements) Heavy Civil GC/CM Modifications Negotiated self-perform work may not exceed 50% of the cost of the work At least 30% of the work procured through competitive bidding where GC/CM contractor is prohibited by bid Contractor may be allowed to bid on the remaining 20% of the work

13 Washington State Alternative Delivery Authority GC/CM Qualifying Criteria 1. Involved construction at existing facilities that must continue to operate 2. The project encompasses a complex technical work environment 3. Implementation of the project involves complex scheduling, phasing and coordination 4. Involvement of the GC/CM contractor is critical during the design phase 5. The Agency is allowed to procure the project as Heavy Civil GC/CM delivery

14 Washington State Agency Certification

15 Design-Build Civil Facilities Angle Lake Station and Guideway (S440) Angle Lake Parking Garage (S445) Maintenance of Way Building (U810) o SR520 to Overlake Transit Center (E360) o Operations & Maintenance Satellite Facility (OMSF) Total Estimated Cost: $620 - $670M MOW S440/S445 OMSF E360

16 GC/CM (Traditional) Civil Facilities Capitol Hill Station Finishes (U240) University of Washington Station Finishes (U250) o U District Station Finishes (N140) o Roosevelt Station Finishes (N150) Systems University Link Systems (U380) N150 N140 U250 U240 Systemwide U830: University Link Estimated Cost (U-Link): $391M Estimated Cost (MACC) 1 : $180M 1 Estimate amounts in Request for Final Proposal

17 GC/CM (Heavy Civil) L300 L200 Civil Facilities o o o o Downtown Bellevue to Spring District (E335) Seattle to South Bellevue (E130) Northgate Way to NE 200 th Street (L200) NE 200 th Street to Lynnwood Transit Center (L300) Systems o o o Northgate Link (N830) East Link (E750) Lynnwood Link (L800) Estimated Cost (MACC): $ $1.94B 1 E335 E130 Systemwide N830: Northgate Link E750: East Link L800: Lynnwood Link 1 Estimate amounts in Request for Final Proposal

18 Lessons Learned Common to DB and GC/CM Consider your experience, expertise, and availability of resources (staff and consultants) when selecting a procurement methodology, Weigh selection criteria to match demands of contract Consider contractor experience and capacity as part of selection criteria Select procurement method early (before 30%)

19 Lessons Learned Common to DB and GC/CM Determine if there is a good fit between the contractor, the Agency, and project partners/stakeholders as part of the initial selection process Create a core team to champion the procurement process Co-location of key team members improves the likelihood of success

20 Lessons Learned Common to DB and GC/CM Strong leadership is critical to the success of the contract; particularly during the design phase to facilitate and enforce communications and collaboration Seek industry review of your procurement documents, including contract terms and conditions, proposed pricing mechanisms and incentive and penalties Ensure contract documents represent the most current design information and provide internal consistency Ensure contract documents address the possibility that a contract cannot be negotiated with the contractor

21 Lessons Learned Design Build Clearly define scope at time of contract execution Settle jurisdictional, community and property access prior to contract execution Develop plan to achieve product quality and technical compatibility with existing systems with less agency control

22 Lessons Learned Design Build Allow for the contractor to capture added value and creativity during the procurement phase Clearly administer requirements related with Alternative Technical Concepts and capture all requirement in Commitment Letters ST ensures quality through co-location, over-theshoulder reviews, design task meetings, and confirmation of scope/cost with each design package submittal (basis of design management)

23 Lessons Learned GC/CM Early contractor involvement results in better understanding of the contract, fairer risk allocation, and less risk of claims Allow adequate time to resolve design, public, and jurisdictional issues prior to locking down the construction schedule and price An approved target budget can be established early (~30% design) in the project and used to validate budget and/or provide early warning indicators and drive the refinement and scoping of the 60% design

24 Lessons Learned GC/CM Prior to start of construction, the establishment of a not-to-exceed (and definition of what is included) provides greater budget certainty Allow sufficient time in the schedule to negotiate cost and all its subcomponents

25 Lessons Learned GC/CM Pay careful attention to the composition of the contractors fixed fee and/or overhead for change orders, as opposed to what is properly in the cost of construction Establish a clear Basis of Understanding for the Negotiated Support Services Retain option to have the contractor get competitive quotes if you cannot reach agreement on negotiated work ST is pursuing a No Changes contract excluding any ST initiated changes or any changes resulting from Differing Site Conditions

26 Questions