Lease-Leaseback Project Delivery Method

Similar documents
Alternative Delivery Methods in the Post-Davis World

Publicly Bid: Negotiated, Non-Bid: Hybrid: 5/12/2017. Design-Bid-Build Multiple-Prime Contracting. Lease-Leaseback* Design-Build

Construction & Engineering 1845 East Russell Road Suite 300 Las Vegas, NV 89119

Lease-Leaseback in a Post-AB 2316 World

FACILITY PROJECT BIDDING OPTIONS OVERVIEW

LB 889 The Political Subdivisions Construction Alternatives Act

Construction Documents Education Program

Time to Build! What to Expect On Your Upcoming Design and Construction Journey PRESENTED TO

Ohio s Qualifications-Based Selection Law (as amended by Sub. H.B. 153, 129 th Ohio General Assembly, effective Sept. 28, 2011)

Chapter 4 State Requirements for Educational Facilities Section 4.1

REQUEST FOR PROPOSALS. Construction Manager CM Services Pre-Construction and Construction Services

Construction Family of Documents

REQUEST FOR QUALIFICATIONS CONSTRUCTION MANAGEMENT at RISK SERVICES FOR THE BECKER COUNTY JAIL DETROIT LAKES, MN

ALTERNATE CONSTRUCTION PROJECT DELIVERY METHODS

TOWN OF WINTER PARK REQUEST FOR PROPOSAL FOR CONSTRUCTION MANAGER / GENERAL CONTRACTOR

Public Building Commission of Chicago Terms and Tools for Public Capital Development and Financing

EXHIBIT A. 1) General:

Facility Basics for Bond Project Communications

Construction Project Delivery Methods

Jim Porter is the Director of Public Works for the County of San Mateo. The Department of Public Works has a staff of over 300 and performs a wide

Legal Issues Related to Design Build

Construction Project Delivery Methods Overview and Comparison. Operations Division

Request for Qualifications (Design-Build Contract) State of Ohio Standard Forms and Documents

PROVING OUR PROFESSIONALISM

PROJECT DELIVERY HANDBOOK

A , Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum

FACILITIES CONFERENCE

Rick Carr, Arcadis U.S., Inc. Tim O Malley, The O Malley Group Bill Brannen, Mohave Educational Services Cooperative

Design Process 101. Michael Barnard, AIA, NCARB. animalsheltering.org/expo #AnimalCareExpo. Copyright

REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES. For the renovation of existing apartment buildings. August 15, 2016

Design-Build Trifecta A joint presentation of DBIA WESTERN PACIFIC REGION

Document Synopses by Series

Construction Manager as Constructor (CMc) Manual

REQUEST FOR PROPOSAL. Construction Management Services Not at Risk

AVIATION AUTHORITY POLICY

WEST YELLOWSTONE SIEGEL LEARNING CENTER REQUEST FOR QUALIFICATIONS / PROPOSALS FOR CONSTRUCTION MANAGER AT RISK (CM-AR) SERVICES

ADDENDUM NO. 1. Date: January 11, for. RFQ for Design-Build Entity, Health Center/ Concession Project at Irvine Valley College. BID No.

Pioneering Alternative Project Delivery in Ohio

REQUIREMENTS FOR PROCUREMENT BY THE COLORADO DEPARTMENT OF TRANSPORTATION OF DESIGN-BUILD CONTRACTS FOR TRANSPORTATION PROJECTS

Progressive Design Build

Comparison of Conventional and Alternative Project Delivery Methods: What s in an Acronym? PNWS AWWA May, 2013

LEVEL I PREQUALIFICATION DOCUMENTS

REQUEST FOR PROPOSAL FOR CONSTRUCTION MANAGEMENT SERVICES NOT AT RISK FOR THE. St. Charles County Ambulance District

AN OVERVIEW OF DESIGN-BUILD. Presented by: David Umstot, PE, CEM Umstot Project and Facilities Solutions, LLC January 20, 2014

Partnering for Alternative Delivery Projects

Session THREE. Face 2 Face (4 hours) Stage 1 Initial actions & appraisals: Self-directed (6 hours)

The Pros and Cons of Construction Delivery Methods Available to Community College Districts

ALTERNATE FORMS OF PROJECT DELIVERY

Qualifications Based Selection of Contractors

Figures, Examples and Lists

Sounds good. What could possibly go wrong? 5/6/2014. Potential Benefits of Design Build. Potential Downsides of Design Build

Best Practices for Exceeding Project Goals and Reducing Risk on Construction Projects

45. Feedlot construction delivery

ADVERTISEMENT FOR DESIGN BUILDER PREQUALIFICATION

CHAPTER 2 DEVELOPMENT AND ORGANIZATION OF PROJECTS

ICOC Procurement Briefing

1/12/2015. Collaborative IPD-ish Project Delivery using Design-Build, P3 or CM at-risk: the Einstein Approach

Township of Severn REQUEST FOR PROPOSAL. Architectural & Professional Services Fire Station Replacement

REQUEST FOR COMPETITIVE PROPOSALS FOR ARCHITECTURAL SERVICES CITY OF PERRIS

Seattle Public Schools Office of Internal Audit. Internal Audit Report Construction Management Practices

Choosing Delivery Method

Construction 101. C.A.S.H. 36 th Annual Conference February 23-25, 2015 Sacramento Convention Center

A Primer Indianapolis, Indiana June 16, 2010

JOB ORDER CONTRACTING. United Brotherhood of Carpenters and Joiners Interior-Exterior Systems Leadership Conference

Audio Sessions. Session 4 PROCUREMENT. Construction Contract Administration Education Program

AIA Contract Documents

LEVEL I PREQUALIFICATION DOCUMENTS OUTPATIENT PAVILION UCSD MEDICAL CENTER LA JOLLA

DESIGN-BID-BUILD CONSTRUCTION MANAGER AT RISK DESIGN-BUILD

REQUEST FOR QUALIFICATIONS AND PROPOSALS

LEVEL I PREQUALIFICATION DOCUMENTS GEISEL RESTROOM RENOVATIONS

TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER MEDICAL SCIENCE BUILDING II EARLY GMP SUB SELECTION REQUEST FOR PROPOSAL

REQUEST FOR PROPOSALS (RFP) FOR ARCHITECTURAL SERVICES CLEARWATER PUBLIC SCHOOLS EWING PUBLIC SCHOOLS NELIGH-OAKDALE PUBLIC SCHOOLS

WATERTOWN ELEMENTARY SCHOOLS SCHOOL BUILDING COMMITTEE MEETING: OCTOBER 3, 2018

DOCUMENT PROPOSAL FORM (Modified)

PROGRESSIVE DESIGN-BUILD. Praful M. Kulkarni, AIA Iraj Ghaemi, P.E. J. Brandon Dekker, M.S., DBIA

Job Order Contracting (JOC) ITB JE Overview August 2016

School Construction: Contract Basics OSBA BONDS, BALLOTS AND BUILDINGS CONFERENCE FEBRUARY 09, 2018

CONSTRUCTION CONTRACTING GUIDELINES Revised January 2017 I. GENERAL REQUIREMENTS AND PROCEDURES

UNIVERSITY OF CALIFORNIA, SAN DIEGO

EJCDC Contract Documents for America s Infrastructure Buy online at

Progressive Design-Build Discussion

EJCDC Contract Documents for America s Infrastructure Buy online at

Committee Meeting. Procurement Processes for Professional Services and Contractors

You Passed Your Bond Now What? a Part 3: Multi-Prime and Design-Build Project Delivery Methods and Project Labor Agreements

Bidding Conditions. March 22, (Project# 0192) at the. Fresno Chaffee Zoo. Project : Warthog Exhibit. Located at. 894 West Belmont Avenue

Request for Proposals for: Construction Management Services For The ADDISON PUBLIC LIBRARY INTERIOR RENOVATION

Understanding NC House Bill 857 Design Build and Public-Private Partnerships

making jump H E By S. S. Saucerman Official Publication of AWCI 25

ADDENDUM #2. Design/Build Contractor RFP Bid # for the. Joint-Use 21 st Century Post-Century Education Center.

A D D E N D U M. REPLACE: Project Summary with attached revised Project Summary. 1 Specification Section Project Summary

Design and Content 2006 PSFEI.

PUBLIC CONTRACT CODE SECTION

Request for Proposal for Construction Management Services

Lake County School District s. Construction Audit for. Eustis Heights Elementary School. Executive Summary & Detailed Audit Report

Professional Practice 544

As a state agency, the College administration is required to develop procedures for Construction Manager selection.

PURCHASING PROCEDURES: District Policies

Professional Practice 544

Architectural Services Consultant Exhibit A Scope of Services

ConsensusDocs. Catalog. Updated Docs Inside

Transcription:

Lease-Leaseback Project Delivery Method ASBA Technical Meeting & Tradeshow Winter 2013 Presented by: Mark Baginski Principal Verde Design, Inc. James Moore V.P. of Pre-Construction Services Robert A. Bothman, Inc.

Agenda California Legal Authority What is Lease-Leaseback? Benefits of Lease-Leaseback Delivery Lease-Leaseback Process Lease-Leaseback Team L-LB Entity Selection The RFQ-RFP for L-LB Entity Reference Checks Interviews Contract Agreements Other Costs Lease-Leaseback A Landscape Architect s Perspective The Contractor s Role

Legal Authority California Education Code Section 17406 et. seq. the governing board of a school district, without advertising for bids, may let, for a minimum rental of one dollar ($1) a year, to any person, firm, or corporation any real property that belongs to the district if the instrument by which such property is let requires the lessee herein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term thereof, and provides that title to that building shall vest in the school district at the expiration of that term

What is Lease-Leaseback? A construction project delivery method A way to select a firm to build or modernize school facilities through a qualifications based process Can pick a firm that fits with District culture Value can be a factor of selection A possible financial mechanism

Lease-Leaseback Process District Elects to Pursue L-LB Delivery Receive Preliminary Board Approval Engage Legal Counsel to Develop Agreements Select Design Professional Through RFP/RFQ Conceptual Plan Development Based on Program & Available Budget Select L-LB Entity Through RFP/RFQ Enter into a L-LB agreement with L-LB Entity

Lease-Leaseback Team District Legal Counsel District CBO Architect Contractor Construction Manager (if Applicable)

L-LB Entity Selection RFP or RFQ Reference Checks Interviews Selection & Board Approval Contract Negotiations Board Approval of Contract

Contract Agreements Preliminary Services Agreement Site Lease Facilities Lease General Conditions

A Landscape Architect s Perspective

Lease-Leaseback: An LA s Perspective Why consider this alternative delivery method? What are the benefits of Lease-Leaseback? Thoughts on process Summary

Why Alternative Delivery? The traditional Design-Bid-Build delivery method for Public Contracts requires that the District accept the lowest bid. This process often does not consider the strength of a firm s qualifications. Designing to the lowest level versus the strengths of the contractor Opportunity to collaborate Everyone needs to do their homework GMP with contingency value added items

Benefits of L-LB from the Designer s Perspective Based on Clear Goals and Objectives More bang for your buck Collaborative environment Positive/Proactive communication Sharing knowledge This leads to a more successful project through a spirit of teamwork and cooperation and avoids adversarial relationships.

Benefits of L-LB from the Designer s Perspective Results: Reduced or Eliminated Change Orders Collaborative approach to the project Significant reduction in legal risks associated with design-bid-build Speedier project delivery

Thoughts on Process: An Architect s Perspective Need to embrace the process Need to think about things a bit differently Communication is essential for success Keep your options open Plan for contingencies Wish list items Possible scenarios Carry forward into next project on large multiple sites

Summary: An Architect s Perspective Private Sector process in the Public Sector Team atmosphere Better budget and schedule control Reduced risk of legal problems through partnerships established early in the project Easier Close Out process due to team relationships

Contractor s Role

L-LB Design Phase Services Preliminary Service Agreement Scope Site Assessment Budgeting Value Engineering Constructability Review Master Scheduling Bid Packaging & GMP Development Subcontractor input Construction Logistics Planning

What is a GMP? A Guaranteed Maximum Price (GMP) is the amount that the L-LB Entity guarantees (the sum of the cost of the work and the L-LB Entity s fee) it will not exceed. The maximum is subject to additions and deductions, due to changes in the scope of work. All costs which exceed the GMP and are not approved by change order are paid by the L-LB Entity.

GMP Preparation Pre-qualify Subcontractors Subcontractor Bid Solicitations Compliance with Local & Disadvantage Subcontractor Hiring Requirements Bidding Documents Plans and Specifications District Front End Documents Scope of Work Bid Packages OCIP or PLA Requirements Proposal Forms Master Subcontract Agreement Master Schedule

GMP Preparation Pre-Bid Meeting Evaluate and Level Bids Negotiate Prices Self-Perform Scope Estimates GMP Cost Breakdown General Conditions CSI Work Breakdown-Itemized Profit and Overhead Itemization Bonds & Insurance Contingencies GMP Written Proposal

CM at Risk - GMP Contractor s Cost (GC s + Fee) + Contractor Self-Perform Scope + Subcontractors Bids + Contingency (% controlled by GC) + Contingency (% controlled by District) Changes to GMP: Errors & Omissions Change of Scope Unforeseen Conditions = GMP

L-LB Services: Construction Phase Team Management and Coordination Scheduling Cost Controls and Change Order Management Submittal Process Subcontracting

L-LB Services: Construction Phase Field Management Safety Program Quality Program Project Close Out Process Warranty Period Service

Acceptance of Risk Will Guarantee the Cost with a GMP We Cover the Gap in the GMP We Will Assure On-Time Completion We Will Furnish a Payment & Performance Bond if Requested We Will Comply with Owner Controlled Insurance Policy Requirements We function as the L-LB Developer/Contractor

L-LB vs. Hard Bid L-LB Hard Bid Owner receives competitive pricing X X Performance and payment bonds X X Ability to re-bid individual trades X No Prequalify all subcontractors X No Field coordination control X X Commissioning/warranty issues X X Price Guarantee * X X Contractor pays for scope gaps X X Contractor involved in design phase X No * Price Guarantee in Hard Bid is the floor but in L-LB it is the ceiling.

Summary: Advantages of L-LB Owner hand picks their designer and builder Project team works in a collaborative atmosphere Greater schedule control / flexibility Greater budget control including re-bid on individual trades if necessary Pre-qualify all trade contractors Competitive pricing in each trade Lowers potential for future change orders Perceived as more friendly contracting approach by designers and subcontractors Cost savings Open Book financial approach

Benefits to Architects A/E maintains contractual relationship to District Selection of contractor based on qualifications Contractor involvement during design phase Adversarial GC relationship eliminated GMP prior to construction

Benefits to Contractor Lower competition virtually eliminating unqualified contractors from selection process Final selection of contractor based on qualifications & team fit Contractor involvement during design phase helps eliminate design ambiguities prior to final pricing and through construction Much faster and more effective transition from pricing to construction Collaborative process eliminates traditional adversarial relationships