Best Practices and lessons learned about the Design Build process - PowerPoint PPT Presentation

 Design Build versus the traditional Design Bid Build process  The benefits of using the Design Build process  Maximizing DBE Program participation under the Design Build process  Required special provisions and DBE goal setting  Implementing and enforcing EEO Program requirements  Best Practices and lessons learned about the Design Build process 2

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Includes the following contracting methods:  Design-Build Projects (DB)  Construction Management General Contractor (CMGC) & CMGC at Risk  Turnkey Projects  Design-Build Operate & Maintain (DBOM)  Design-Build Own Operate & Maintain (DBOOM) 4

Includes the following contracting methods:  Public Private Partnership (3P)  Comprehensive Development Agreements (CDA)  Concessionaire Agreements  Mega/Large Projects  Alternative Project Delivery System 5

Highways  Route 895 – Virginia  SE Virginia Tunnel Projects  MVIP – NJ  Route 66 – Puerto Rico  ICC Project – MD  I-15 Reconstruction – Utah  I-161 Project – Texas  ETC – Puerto Rico  SE Virginia GEC Projects  DFW Connector Project – Texas  North Tarrant Express – Texas  NJ Turnpike Widening Projects 6

Rail  Hudson Bergen LRTS  Tren Urbano  Union County  Alameda Corridor  Southern NJ LRTS  West Corridor Project  Dulles Metro Rail Project  Croton Harmon Yard Rehabilitation  Houston Metro  Denver Union Station Project  ARC Tunnel Projects  DART Orange & Blue Lines  NJT Portal Bridge Project  FasTracks Eagle P3 Project 7

 Single Point of Responsibility  Provides Long-Term Accountability  Multidisciplinary Influences on Project Designer, Constructor & Operator  Price Savings – Predictable Cost – Lower Total Cost  Time Savings – Faster Completion/ Guaranteed On-time Delivery  Less Owner Management/Oversight  Improved Quality & Innovation 8

 Loss of Owner Control  Limited exposure to D/B process - Challenge to fully participate in every Phase - Challenge to fully consider DBE issues pre-bid - Challenge to modify DBE contract requirements - Failure to obtain technical assistance pre-bid - Failure/uncomfortable partnering with contractor  Failure of D/B Contractor to fully Implement DBE Program Requirements 9

Recipient Responsibilities 1. May establish a goal if awarding a “master contract” 2. Must maintain “oversight” 3. Ensure Activities conducted consistent with Part 26 10

Master (DB) Contractor Responsibilities  Steps into the shoes of the Recipient  May establish subcontract goals  Conduct activities consistent with Part 26 *DBE requirements apply regardless of tier *Compliance Monitoring/Reporting 11

1. Re-educate Everyone (Top-Down/Internal & External/not business as usual) 2. Knowledge of Inherent Uncertainty – Flexibility versus Risk 3. Early Involvement – At Concept Stage 4. Active Participation at all phases 5. Put your requirements out there for both DBE & construction industry feedback 12

6. Educate DBE Community – Pitfalls as you know them & get their feedback 7. Encourage DBE participation in all industry presentations 8. Early & continuing outreach to the DBE community 9. Perform DBE needs assessment – Capacity Building - ongoing 10. Increase communication/project awareness 13

11. Project specific dedicated staff 12. Can’t advocate if you don’t know what’s going on or don’t understand 13. Modify DBE specifications & contract requirements - 49 CFR Part 26.53 (e) 14. Re-define relationship with Contractor – Trust 15. Define expectations – meetings, reports, Plan modifications, pre-approvals 14

16. Define how you are going to handle “graduated” DBE firms 17. What are your supportive services/technical assistance expectations 18. Update technology – no pencil/paper compliance 19. Get Technical Support 15

23 USC§140(a)-(d)  23 CFR Part 230, External Programs, Subpart A,B, C  & D § 230 Federal-Aid Project Authorization and Agreement  Federal-Aid Required Highway Construction Contract  Provisions (FHWA- 1273) EEO Contact Compliance Guidance & Responsibilities  -- Title 23 USC 140 and Executive Order 11246 FHWA Order 4710.8  41 CFR Parts 60-1, 60-2, & 60-4  49 CFR Part 26  16

All Contractors will accept as its operating policy the following statement: “It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment , without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment , upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training. ” 20

The EEO Officer is tasked to:  Implement the Contractor’s EEO policy and procedures  Disseminate EEO policies and contractual responsibilities  Conduct periodic meetings with supervisors personnel office staff and employees to review and explain EEO policies 26

All key staff members who are authorized to hire, supervise, promote and discharge employees, or who are substantially involved in such action will:  Know and fully adhere to/implement the contractor’s contractual obligations/EEO Policy in all employment actions.  Attend EEO meetings prior to start of work-every six months. 28

 Receive training from EEO Officer within 30 days.  Receive instruction on locating/hiring minority applicants.  Ensure posting of contractor’s EEO Policy.  Bring the contractor’s EEO Policy to attention of employees  By means of meetings, employee handbooks or other means. 29

 Advertisements will be placed in publications having a large circulation among minority and female groups;  Systematic and direct recruitment will be conducted through public and private employee referral sources likely to yield qualified minority and female applicants; 30

 Sources that will refer minority and female applicants directly to the contractor for employment consideration will be identified and referral procedures established;  Present employees will be encouraged to refer minority and female applicants. 31

Wages, working conditions, and employment benefits shall be without regard to race, color, religion, sex, national origin, age or disability: Contractors will:  conduct periodic inspections  periodically evaluate wages  review personnel actions  promptly investigate all complaints of alleged discrimination 32

All Contractors will assist in locating, qualifying, and increasing the skills of minority group and female employees and applicants.  Use apprenticeship and On-The-Job Training.  Advise employees/applicants of program availability and entrance requirements.  Periodically review/document training and promotional potential of minority and female employees and encourage eligible employees to apply for training and promotion.  Have your OJT Program approved by FHWA 33

The contractor will use best efforts to obtain union cooperation to increase opportunities for minorities and females within the union.  Establish joint training programs.  Incorporate EEO clause into union agreements.  Obtain union referral practices/policies.  Where union is unable to provide a reasonable flow of minority and female applicants, take independent action to fill employment vacancies in accordance with EEO Policy. 34

The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection of subcontractors, including procurement of materials and leases of equipment.  Subcontractors will be notified of EEO obligations under contract.  DBE’s will have equal opportunity to compete.  Contractor will use best efforts to ensure subcontractor compliance with EEO obligations.  All requirements flow down to lower tier subs 35

All contractors and subcontractors shall keep records as necessary to document EEO compliance:  Retained 3 years ---available for inspection  If being reviewed or involved in corrective action --- records will be kept until review/action is completed  Contractors shall document: Number of minority and non-minority group members  and females employed in each work classification Progress/efforts made with unions (if applicable)  Progress/efforts made in locating, hiring, training,  qualifying, and upgrading minority/female employees The progress/efforts made in securing the services of DBE  subcontractors or workforce representation of minorities and females 36

By submission of the bid, all contractors must certify that they do not maintain or provide for their employees any segregated facilities at any of their establishments, nor do they permit their employees to perform their services at any location where segregated facilities are maintained. 38

 Review all required submittals, i.e., certified payrolls, workforce forms, recruitment practices, etc.  Make a determination if comprehensive compliance review will be required based upon administrative review. 39