DESIGN-BUILD
Design-Build Authorization Project Selection Criteria Selection/Award Process Warranties Design-Build Construction Engineering and Inspection Materials Acceptance
DESIGN-BUILD AUTHORIZATION
Authorization Design Build (D-B) Contracting Authorization FLORIDA STATUTES D-B Major Projects Authorization 337.11(7) FS F.S. Buildings Major Bridge Limited Access Facilities Rail Corridor Estimated cost exceeds $10M
Authorization Design Build (D-B) Contracting Authorization FLORIDA STATUTES Minor D-B Projects Authorization 337.025 FS F.S. Innovative Contracting Statute Annual Cap of $120M Minor Bridge Resurfacing (no widening/shoulder work) Projects not covered by 337.11(7) F.S. Estimated Cost less than $10M
DESIGN-BUILD PROJECT SELECTION
Project Selection Design Build (D-B) contracting should be considered on the following types of projects: Demand an expedited schedule and can be completed earlier Require minimal Right of Way acquisition and utility relocation Well defined scope Allow for innovation in the design and/or construction effort Low risk of unforeseen conditions Low possibility of significant changes
Project Selection Examples of projects which may be good D-B contracting candidates: Major Bridges Minor Bridges ITS (computer signalized traffic) Intersection improvement (with known utilities) B ildi ffi b ildi t Buildings-office building, rest areas, welcome stations, etc.
Project Selection Examples of projects which may be good D-B contracting candidates (continued): Interstate widening Rural Widening Fencing Landscaping Lighting Signingi Signalization Guardrail
Project Selectionect Examples of projects which may not be good D-B contracting candidates are: Major bridge rehab/repair with significant unknowns Rehab of movable bridges Urban construction/reconstruction with major utilities, major subsoil, R/W or other major unknowns
DESIGN-BUILD CRITERIA
Developing Design-Build Criteria Adjusted Score or Low Bid? Adjusted Score Want (or need) to have input by evaluating the D-B firm and Technical Proposal (prior to bid time) Innovation or potential alternatives exist Scope is more versatile
Developing Design-Build Criteria Low Bid Straight forward projects (guardrail, noise walls, milling and resurfacing, etc.) Scope is well defined
Developing D-B Criteria All 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: Structures Includes multiple disciplines: Structures, Drainage, Traffic Operations, Permitting, Utilities, Roadway, Striping, Pavement Design, Estimates, FHWA, etc.
Developing the Criteria Information typically gathered before the advertisement: (Department Concept) Typical Section Survey Geotechnical Utilities Pavement Design
Writing the Criteria Department and Consultant Authors Expectations should be clear Be specific where appropriate D t k f thi d t Don t ask for things we don t want/need
Pre-qualification Requirements Unless specifically stated otherwise in the Advertisement, standard prequalification requirements apply for the designer and contractor
Request for Proposals Much of the language is standard from SCO website Grading Criteria Decide what is important Innovation Maintenance of Traffic Aesthetics Environmental Schedule Assign Points Accordingly
Advertisement List only the pre-qualifications necessary for the major items of work. List consultant work groups that are required. List the criteria that will be used for evaluating the letters of interest. FDOT Ads can be found at the following link: http://www2.dot.state.fl.us/procurement/ads/a dvdbld.htm
Letters of Interest t Design/Build Experience Joint Project Experience Similar Project Experience Past Performance (both team members) Key Personnel and their experience Any applicable commitments (DBE, Time, Warranties, etc.)
Issue Escalation & Resolution RFP sets a hierarchy for design issues and construction ti issues to be resolved through a defined chain of command D-B Firm will be required to set a similar escalation process for both design and construction
Issue Escalation & Resolution Design Project Manager Construction Project Mgr District Design Engineer District Const. Engineer Director of Development e e Director of Operations District Secretary District Secretary
STIPENDS Only on ASDB Projects
Stipends for unsuccessful firms The Department intends to compensate the unsuccessful short-listed Firms for submitting a proposal The unsuccessful short-listed t Firms may receive compensation (lump sum) for their efforts in preparing a proposal if the proposal is determined to be responsive The intent to compensate and the amount of compensation will be noted in the RFP This decision will be at the discretion of the contracting District or Central Office.
Stipends 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 firms GUIDELINES FOR ESTIMATING STIPEND AMOUNTS FOR DESIGN BUILD PROJECTS Contract Value Complex Urban and Rehab. New Construction Projects Range of Stipend < $5M 0.0050 * Estimate 0.0040 * Estimate $15K - $25K $5M - $20M 0.00300030 * Estimate 0.00250025 * 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 + 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.
Alternative ti Technical Concepts ATC Process allows: Innovation Flexibility Time/Cost Savings Best Value for public
Alternative ti Technical Concepts Used at District discretion on adjusted score D-B projects when probability of innovation or alternatives exist ATC Meetings must comply with Sunshine Law
Alternative ti Technical Concepts ATC Meetings: 2 (Max) per D-B Firm Meeting g schedule accounted for as part of Project Schedule identified in the RFP Occur prior to RFP established due date for Occur prior to RFP established due date for ATC formalized submittal
Alternative ti Technical Concepts ATC Submittal must include: Description (concept drawings, product details, traffic operational analysis, as appropriate) Usage (where/how will it be used on project) Deviations from RFP Explanation of Deviation Request t for Approval
Alternative ti Technical Concepts ATC Submittal must include: Analysis justifying deviations from RFP if applicable Impacts (during and after construction) Vehicular l Environmental Community Safety Lifecycley Maintenance/operation
Alternative ti Technical Concepts ATC Submittal must include: Risks (added for Dept. or 3 rd Party) Quality how is the ATC equal or better in quality or performance Anticipated Life enhanced or compromised by ATC
Alternative ti Technical Concepts Department reviews the ATC and advises: Concept p is acceptable Concept is unacceptable Concept requires additional information Department responds within 2 weeks of ATC meeting or submittal of formal ATC. Correspondence maintained in project file
Alternative ti Technical Concepts 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 RFP FHWA must approve such changes
Alternative ti Technical Concepts Department reserves right to disclose to all D-B Department 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
Alternative ti Technical Concepts 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 Specifications D-B Contract Amount Minimum Coverage Up to $30M $1,000,000 $30M - $75M $2,000,000 > $ 75M $5,000,000
Contract Bonding Department requires a bid bond and performance bond regardless of the delivery method.
Department Requirements Currently the Department accepts The Prime Designers Professional Liability Insurance for the amount stated in the contract and The Contractors Performance Bond for 100% of the contract amount.
Conflict of Interest t Policy Any Consultant or its affiliate developing the Any Consultant or its affiliate developing the Request for Proposals for a project will not be eligible to compete for that project.
Conflict of Interest Policy DESIGN BUILD The contractor or design professional cannot team, as a Prime, with other firms to submit more than one bid per project. The secondary member (i.e. designer or contractor) of the design-build team cannot change, after award, without the written approval of the District Secretary.
Conflict of Interest Policy DESIGN BUILD (continued) A consultant firm, its affiliate, or sub-consultant, that is under contract with the Department to provide 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-consultant.
SELECTION AND AWARD PROCESS
Adjusted Score Design Build Projects O DEVELOPING THE LONG-LIST
In response to the Design-Build Advertisement, Letters of Interest are received from Design-Build Firms.
Evaluation of the LOIs is done by the Technical Review Committee (TRC) The TRC normally consists of: Project Manager Design Office Representative Construction Office Representative District Contracting Unit Representati e District 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 at The 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/ Awards Committee (SAC) Comprised of: District Secretary Appropriate Directors
The SAC shall consider the following: HISTORY QUALIFICATIONS TRC RECOMMENDATIONS
http://www2.dot.state.fl.us/procurement/results/desreslt.htm
CONDUCTING THE PRE-BID MEETING
At the Pre-Bid Meeting, the Department will: Provide Copies of Proposal Instructions Copies of Specifications Copies i of Studies or Supporting Documentation Answer Questions
RECEIVING THE TECHNICAL PROPOSALS (ASDB Projects) At the time and place specified in the project advertisement, Technical Proposals are received.
REVIEW OF THE TECHNICAL PROPOSALS BY THE TRC The 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 Technical Proposal
RECEIVING THE BID PROPOSALS At the time and place set forth in the project advertisement, Bid Proposals are received.
A Bid Proposal consist of both a Sealed Technical Proposal and a Sealed Price Proposal. On ASDB Projects, The District i t Contracting Unit publicly announces the TRC scores and publicly opens the sealed Price Proposals. On LBDB Projects, The District i t Contracting ti Unit publicly opens the Price Proposals and the Technical Proposal for the low bid. The TRC 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 to 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 & DECLARED RESPONSIVE NON-RESPONSIVE OR The Responsive Firm submitting the Lowest Bid is the apparent winner
Low-Bid Technical Proposal Non-Responsive? The TRC reviews the next Lowest-Bid Technical Proposal (and so forth) until a Technical Proposal is found to be Responsive or until all of the Technical Proposals have been Declared Non- Responsive. s e
The District Contracting Unit Reports The Technical Review Committee ss Findings To The Selection/Award Committee The SAC Confirms Selection Of Adjust Score Projects / Award Of Low Bid Projects
The District Contracts Office Posts the Intended SELECTION/AWARD And on On ASDB Projects The Short-listed Firms Are Individually Notified
THE CONTRACT IS AWARDED TO THE WINNING FIRM THE CONTRACT DOCUMENTS ARE EXECUTED.
DESIGN-BUILD WARRANTIES
Why Warranties Aligns the DB Firm s interests with the Department s Key to reducing Department risk Long-term t performance (life-cycle) l Importance: 10% to 20% of Technical p Score
Warranties / Value Added Spec s 338 - Asphalt Pavement* 3 years 355 - Concrete Pavement* 475 - Bridge Component** 645 - Signalization** 725 - Highway Lighting** *Standard Specifications **Developmental Specifications 5 years 5 years 3 years 3 years
Warranty Parameters Department p defined minimum Points awarded for extent of warranty above minimum Extent has 4 basic components Length Breadth (components) Distress Type & Thresholds Corrective Measures
Warranty Parameters (cont d) Breadth (what components covered) Specific items outside required coverage Bumper to bumper
Warranty Parameters (cont d) Distress type & thresholds Established for all major items warranteed Meaningful evaluation of performance Measurable, objective Threshold appropriate for time in service Corrective Measures Adequate to meet life span
Backing of Warranty Warranty t must be backed Two methods Performance Bond Contractor Guarantee (Failure to meet the requirements of the Specification will result in the suspension, revocation, or denial of the Contractor s Certification of Qualification for a minimum of 6 months.)
Other Warranty Aspects Contractor expected to perform remedial work timely, pay cost (MOB, MOT, etc.) and follow lane closure restrictions Di t t th St t id Di t R i Disputes to the Statewide Disputes Review Board for binding decision
D-B CEI
Design 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 FDOT
MATERIAL ACCEPTANCE
Material Acceptance Material Acceptance is the same for a D-B project as on a Design-Bid-Build Project
Applicable Requirements Laboratory Qualification Program Technician Qualifications Independent p Assurance Program Quality Control Program
Material Acceptance Processes Field Sampling & Testing Manufactured Products Incidental Materials Unapproved or New Materials
Field Sampling & Testing Minimum 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 construction begins Lab 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 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
New Materials Acceptance Submit Request to the District Materials Engineer. Provide Supporting Documents. Propose the Acceptance Criteria. If not Accepted, Use Material Referenced in Documents.
Lessons Learned
Lessons Learned Projects $100 million or greater will be Design Build Greater opportunity for scope alternatives and innovation Establish/use a maximum budget amount (MBA) as appropriate Select l t based on scope, qualifications, quality, schedule, but cost not to exceed MBA A+B/Technical Proposal Score when using I/D s
Lessons Learned The 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. Innovation does not include revisions i to FDOT specifications or department policies. Innovation should be limited to the D/B Firm s means and methods, approach to project, etc.
Lessons Learned Project Selection Guidelines are important Independent Peer Review on Major Projects Use of Bid Options Expect what is put in the RFP Share all available information
QUESTIONS?