fall conference 2016 compendium, section 1 - saturday, 8
TRANSCRIPT
OCTOBER 19 -22 THE BROADMOOR
COLORADO SPRINGS
2016FALL CONFERENCE
#ACECFALL2016
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© 2016 Bentley Systems, Incorporated. Bentley and the “B” Bentley logo are either registered or unregistered trademarks or service marks of Bentley Systems, Incorporated or one of its direct or indirect wholly-owned subsidiaries. Other brands and product names are trademarks of their respective owners.
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ThursdayOctober 20, 2016
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Join us for our special session@ ACEC in Colorado Springs, CO
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• Jim Walsh, CIO, WSP | Parsons Brinckerhoff• Krista Doeding, Director IT, Moffatt & Nichol• Stephen Held, CIO, Leo A Daly• Jonathan Styrlund, Director of Product Development, ARC Document Solutions
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The panel of experts:
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© 2015 Autodesk, Inc. All rights reserved.
Strengthen Client Relationships with Skillful Communications
Saturday, October 22 – 8:30am – 9:45am
Presented by Leslie Peterson & Candice Hartley, Lamp, Rynearson and Associates Preserve and deepen your firm’s strength with clients with better communications. Examine how to provide frequent, active communication, create a common language, and direct constructive conversations with clients.
ABOUT THE SPEAKERS
Leslie is the Client Development Manager and Marketing Group Leader for Lamp Rynearson’s Omaha office. From working as a sales professional to leading teams with revenue in excess of $30 million, she enjoys combining the strategies of marketing, business development and team building. An outcome of the firm’s strategic planning is a passion of Leslie’s - placing emphasis on client service and creating a framework to reinforce the importance of direct communication. This Lamp Rynearson program is called “Got Client?”.
Candice is the Client Development Manager for Lamp Rynearson’s Fort Collins office and works regularly with TZA Water Engineers, a Lamp Rynearson company. She enjoys working on opportunities in land development/redevelopment, water rights, water resources, survey and municipal infrastructure in conjunction with the firm’s experienced engineering staff. Candice is a relationship builder, connector and problem solver. She has introduced and led initiatives in use by the firm today – all involve the philosophy of employee responsibility for a healthy bottom line and positive client relationships.
“Progressive Design-Build:” EJCDC’s 2016 Design-Build Series Update
Saturday, October 22 – 8:30am – 9:45am
Presented by Kevin O’Beirne, Arcadis; Gerard P. Cavaluzzi, Kennedy/Jenks Consultants, Inc. Benefit from EJCDC’s industry-first standard Agreement form for implementing “progressive” design-build, and understand the 2016 changes in risk allocations and design-build procedures.
ABOUT THE SPEAKERS
Kevin is a Principal Engineer and Manager of Standard Construction Documents in the Buffalo, NY office of Arcadis. He has 29 years of experience designing and constructing water and wastewater infrastructure. Kevin is a Past Chair of EJCDC (FY2014-2015) and is active on EJCDC’s subcommittees for Design-Build, Construction, Procurement, and Public-Private Partnerships; he was deeply involved in drafting EJCDC’s 2016 Design-Build documents.
Jerry is Vice President, General Counsel and Chief Risk Officer responsible for providing legal services, risk management and leadership in the areas of Contract Documents and Human Resources at Kennedy/Jenks. Jerry is actively involved with loss prevention and the resolution of professional liability and insurance coverage issues for its public and private sector projects. He is also an expert in the areas of drafting and negotiating client and construction contract documents, construction claims analysis and dispute resolution.
1
Design-Build Contracts Leap ForwardEJCDC’s 2016 D-Series Documentsby Kevin O’Beirne, PE and Gerard Cavaluzzi, Esq.
October 22, 2016ACEC Fall Conference
Introductions
• Past Chair of ACEC Legal Counsel Forum
• 25+ years’ experience in environmental and construction law and as general counsel for consulting engineering firms
Member of the bar in NY, CT, and DC
Gerard P. Cavaluzzi, Esq.Vice President and General CounselKennedy/Jenks Consultants
• Past Chair of EJCDC (FY2014-2015)
• Member of EJCDC Design-Build Subcommittee
• 29 years’ experience designing and constructing water and wastewater infrastructure
Professional engineer licensed in NY and PA
Kevin O’Beirne, PE, FCSI, CCS, CCCAPrincipal Engineer and Manager of Standard Construction DocumentsArcadis –Buffalo NY
2
2
Learning Objectives
Explain use of EJCDC’s new design-build RFQ, RFP, and Proposal documents
Recognize benefits and use of EJCDC’s Agreement form for “progressive” design-build
Understand the risk allocations and design-build procedures in 2016 EJCDC D-700 General Conditions and EJCDC D-800 Supplementary Conditions
Explain why EJCDC’s 2016 D-Series is the state-of-the-art in design-build contracts.
Understand the use of and risk allocations in the other documents of EJCDC’s 2016 D-Series
Agenda
Intro to Design-
Build
Overview of EJCDC
Documents for
Procuring Design-Build
Services
Owner/ Design-Builder
Contract Documents
Documents for Design-Builder’s
Sub-contracts
4
Other EJCDC Documents
Useful in Design-Build
Wrap-up
3
Introduction to Design-Build
5
Contractual Relationships in Design-Build
Design-Build Entity
Engineer Contractor
OwnerOwner’s Consultant
Consultant
Suppliers
Sub-sub-contractor
Subcontractor
Subcontractor
Subcontractor
Consultant Contract
Design and Construction Contract
Consultant Contract
Purchase Order
Sub-contracts
Sub-sub-contracts
4
Permutations of Design-Build
• No such thing as “traditional” design-build
• How advanced is design when DB is retained?
• When is the GMP established? Is there a GMP at all?– Progressive design-build
• Role of Owner’s Consultant
• Owner’s involvement– Significant control
– Turn-key/EPC delivery
– P3 and DBFOM7
Use of Design-Build
39% of all US non-residential capital projects are design-build*• Steady at 39-40% since 2010*
• 53% of all US projects >$10M were design-build in 2013*
• 81% of US military constructionis design-build*
* Reed Construction Data/RS Means Market Intelligence, “Design-Build Project Delivery Market Share and Market Size Report” (prepared for DBIA), 2014 8
Public Work: Design-build not enabled for public work in all states, but trend is increasing• Many states have enabled design-
build for state agencies and for energy-services contracts
5
Who’s in the Game?
• “True” design-build firms
• Contractor-led DBs
• Designer-led DBs
• Joint ventures
• Integrated project delivery
9
• Who to team with and how?
• Exclusivity of the team
• Which projects to pursue?
PLAYERS IN THE MARKET
CONCERNS
Advantages of Design-Build
Owner obtains “single-point” responsibility
Value engineering is inherent (typically)
Faster implementation (possibly)
Less-expensive overall (supposedly)
May be less-contentious than DBB
More profitable…? (maybe)
10
6
Drawbacks of Design-Build
• Many Owners lack a complete understanding of it
• Often designers lack a complete understanding of it
– Need to be collaborative
– Tailor level of design to contractor’s needs
• Decreased Owner control over project outcome (theoretically)
• Longer, more-expensive initial procurement period
• Increased risk for DB
• Many custom contracts—a few are even appropriate!
11
Standard Design-Build Documents
Engineers Joint Contract Documents Committee (EJCDC)
American Institute of Architects (AIA)
ConsensusDocs – developed from former AGC standard docs
Design-Build Institute of America (DBIA)
International Federation of ConsultingEngineers (FIDIC)
Canadian Construction Documents Committee (CCDC)
Who picks the form of DB contract? 12
7
Overview of EJCDC
13
Who and What is EJCDC?
JV of 3 Sponsoring Organizations: ACEC, ASCE, NSPE
• Liaison Organizations: Various owner, contractor, surety, insurance, attorney, equipment manufacturer, and other professional organizations.
• Docs Used For: Leading contracts for public works/infrastructure. Also suitable for “vertical construction.”
14
8
EJCDC Document Families
Construction (C-Series) – for DBB
construction, 2013
Construction Management as
Advisor (CMa) – in development (not yet
published)
Design-Build (D-Series) –updated edition released in
July 2016
Engineering (E-Series) –including Owner-Engineer
agreements, Engineer-Consultant agreements,
Teaming Agreement, Peer Review Agreement, Program
Management Agreement, others, 2014-2016
Procurement (P-Series) –Buyer’s direct purchase of
engineered equipment from a Seller, 2010
Public-Private Partnership
(P3-Series) - 2014
15
Why Use EJCDC Documents?
• Tested and interpreted in courts of various jurisdictions
• Reduced potential for errors, omissions, redundancies, and conflicts in construction docs
• All documents are fully coordinated and integrated
• Industry-accepted distribution of risk among project participants
• Conforms to recognized organizational format (CSI MasterFormat)
16
9
Why Use EJCDC Documents? (cont’d)
• Bidder/contractor familiarity may result in lower pricing submitted to project owners
• Updated approx. every five years to reflect industry trends, court decisions, and changes in laws and regulations
• Well-suited for public works and private sector work
• EJCDC documents are thorough and well-organized and for Engineer-led projects
17
History of EJCDC D-Series
June 2016 Major update
and expansion of D-Series published
18
1964 thru 1974
NSPE/PEPP documents for DBB issued
1978 - PresentEJCDC formed in 1975 – DBB docs published
1995 First EJCDC
design-build docs published
2002Significant update,
adopted “D-Series” numbering
2009 Minor
update
2013-2016 EJCDC
revisions to update D-Series
10
EJCDC 2016 D-Series
• D-001, Commentary on the 2016 EJCDC Design-Build Documents
• NEW D-110, Guide to Request for Qualifications—Design-Build Project
• NEW D-111, Guide to Request for Proposals—Design-Build Project
• NEW D-425, Price Proposal Form—Design-Build Project
• D-500, Agreement between Owner and Owner’s Consultant
• D-505, Agreement between Design-Builder and Engineer
• NEW D-512, Agreement between Owner and Design-Builder for Progressive Design-Build
• D-520, Agreement between Owner and Design-Builder (Stipulated Price)
• NEW D-523, Construction Subcontract for Design-Build Project
• D-525, Agreement between Owner and Design-Builder (Cost-Plus)
• NEW D-580, Teaming Agreement to Pursue Joint Business Opportunity for Design-Build Project
(continued on next slide) 19
EJCDC 2016 D-Series (cont’d)
• D-610, Design-Build Performance Bond
• D-615, Design-Build Payment Bond
• NEW D-620, Design-Builder’s Application for Payment
• D-700, Standard General Conditions of the Contract between Owner and Design-Builder
• NEW D-800, Guide to the Preparation of Supplementary Conditions (Design-Build)
• NEW D-940, Work Change Directive—Design-Build Project
• NEW D-941, Change Order—Design-Build Project
Discontinued (former docs no longer available)
• D-510, Agreement between Owner and Design/Builder for Preliminary Services
• D-521, Subagreement between Design/Builder and Subcontractor (Stipulated Price)
• D-526, Subagreement between Design/Builder and Subcontractor (Cost-Plus)
• D-750, Standard General Conditions of the Subcontract betweenDesign/Builder and Subcontractor
(continued from previous slide)
20
11
Documents for Procuring Design-Build Services
21
D-500, Owner-Consultant Agreement
• When retained, Owner’s Consultant’s services often include:– Preparing Conceptual Documents
– Preparing RFP and draft Contract Documents
– Evaluating proposals received
• D-500 updated from 2009 edition
• Document organization
• Model scope reduced to reflect only Consultant assistance with preparing conceptual documents/RFQ/RFP
• Scope may be augmented if Consultant’s services are to be more-extensive
• Consultant has no professional liability for the Conceptual Documents, but retains contractual liability
22
12
D-580, Teaming Agreement
• NEW document, developed in part from EJCDC E-580
• “Agreement to agree”
• Assumption: Engineer is junior partner in DB entity
• “Bait-and-switch” on contractual terms…?– Incorporates EJCDC D-505 and D-700 by reference
• Addresses:– Engineer’s liability for design performed under Teaming
Agreement
– Compensation for proposal services (if Owner is compensating DB)
– Exclusivity of team
• Only EJCDC and DBIA have model teaming agreements
23
D-110, Request for Qualifications
• NEW document, developed in part from EJCDC C-200 (2013)
• Industry-first
• Intended Uses:– For one-step QBS (only) procurement, such as for
“progressive” design-build, OR
– For first of a two-step procurement process (prequalification)
• Document is template-style. Significant elements are project-specific
• For one-stage procurements, RFQ should be accompanied by all the initial Contract Documents 24
13
D-111, Request for Proposals
• NEW document, developed from EJCDC C-200 and D-001 (2009)
• Industry-first
• Intended Uses:– For one-step quals- & price-based selection, OR
– For second of a two-step procurement process (following prequalification)
• Document is template-style. Significant elements are project-specific
• Establishes “rules” for evaluation of Proposals
• All of the initial Contract Documents should accompany RFP 25
D-425, Price Proposal Form
• NEW document, developed in part from EJCDC C-410 (2013) and D-001 (2009)
• Industry-first
• Intended Use:– For submittal of price proposals in a common format
in response to a RFP
– Separate “Technical Proposal” usually also required
– Include with transmittal of RFP
• User to indicate the particular items for which separate pricing is required
26
14
Owner/Design-Builder Contract Documents
27
Agreement Forms – Common Elements
• Applies to D-512, D-520, D-525
• Common Elements– Identification of parties and DB’s Engineer
– Contract Times; damages provisions
– Contract Price; method of compensation
– Basic payment procedures; retainage; interest
– DB’s representations
– Enumeration of Contract Documents
– Signatures28
15
“The Contract Documents”
• Agreement
• Performance Bond; Payment Bond; other bonds (if any)
• General Conditions and Supplementary Conditions
• Conceptual Documents (enumerate)
• Addenda
• DB’s Proposal
• Proposal Amendments (if any)
• Exhibits (contract-specific)
• Issued after Contract commences:– Change Orders
– Work Change Directives
– Record Drawings and Record Specifications29
D-520, Stipulated Price, and D-525, Cost-Plus Agreements
• Updated and improved from 2009 editions
• No truly significant changes
• D-520 – use for lump sum compensation
• D-525 – use for cost-plus, with or without a GMP– NEW detailed exhibit sets forth basis of
compensation
– NEW: Cost of the Work provisions in GCs are only for cost-plus Change Orders on stipulated price contracts
30
$
16
D-512, Agreement for Progressive Design-Build
• NEW document
• Industry first
• Use: When project scope not well-defined at outset
• Allows Owner and DB to define the scope of Work during Preliminary Stage and collaborate fully on design and construction development– Parties not constrained by predetermined limits
• Divides Project into “Preliminary Stage” (studies, planning, prelim design) and “Completion Stage” (starts after agreement on the Completion Price)
• Compensation Approach– Initial Agreement includes scope and compensation for Preliminary Stage
only
– Price for final design may be determined after Preliminary Stage
– Parties agree on Completion Stage Price when design is sufficiently advanced
– “Open book” pricing transparency between parties 31
D-512, Progressive Agreement (cont’d)
• Price and Time– Each are separate for Prelim Stage and Completion Stage
– Price and time for Completion Stage agreed at end of Prelim Stage
– Owner’s Completion Contingency indicated in Agreement; part of Contract Price
• “Off Ramp”– Considered terminated for convenience if Owner does not accept a valid
Completion Stage Price
– Owner to pay DB a supplemental fee to use DB’s instruments of service developed in Preliminary Stage (compensation for intellectual property)
• Bonds obtained after the Completion Stage Price is established
• Exhibits:– Exhibit A – Preliminary Stage Scope of Services
– Exhibit B – Permit Responsibilities
– Exhibit C – Compensation 32
17
D-610 and D-615, Bond Forms
• D-610, Performance Bond, and D-615, Payment Bond– EJCDC originally published industry’s first bond
forms specific to design-build
– Similar to EJCDC C-610 and C-615 (2013), and AIA A312
• Updated from 2009 edition
• Updated with participation and input of NASBP and SFAA
• When used, supersede GCs’ “termination for cause” provisions
33
D-700, General Conditions for Design-Build
• Updated from 2009 edition
• Reorganized to be similar to EJCDC C-700 (2013)
• Significant differences from D-700 (2009) and C-700 (2013)
– Numerous defined terms differ from C-700 (2013)
• Where provisions are largely unchanged from D-700 (2009) and are similar to C-700 (2013), not covered in detail herein
34
18
D-700, GCs – Project Design Professionals
• Defined Terms:– “Engineer”
– NEW: “Project Design Professionals”
• D-700 contemplates that Engineer is DB’s principal design professional, BUT…
• (NEW) DB may separately retain other design professionals independent of Engineer, such as:– Professional land surveyor
– Geotechnical engineering consultant
– Architect
– Others35
D-700, GCs – Professional Liability and Standard of Care
• NEW: GC-2.03 – DB (and its Project Design Professionals) have total professional liability for the Work, regardless of Conceptual Docs
• Typical standard of care included in GCs– Supports professional liability insurance for the Work
– Mirrors standard of care in D-505, E-500, and DBIA docs
– Dilutes the Owner’s reliance on DB’s general warranty…?
– DB’s general warranty to Owner is for Construction only
– NEW: Optional SC-7.01.B in D-800 to delete, conferring on Owner DB’s general warranty for all design + Construction
36
19
D-700, GCs – Interpretation of Contract Docs
• GC-2.03 – Review of Conceptual Documents– DB to review Conceptual Docs before performing Work and obtain
from Owner written clarifications of errors, ambiguities, or discrepancies OR (NEW) Owner’s authorization for DB to resolve the issue
– NEW: Owner not responsible for deficiencies in Conceptual Docs not discovered and reported by DB
• NEW: GC-3.03 is partial order of precedence:– For scope of Design Professional Services, DB’s Proposal takes
precedence over Conceptual Documents and other Contract Docs issued with RFP
– Proposal Amendments control over Proposal and other Contract Docs issued with RFP
– In event of conflict between Conceptual Docs and other Contract Docs issued with RFP, and the Construction Dwgs and Construction Specs, the Contract Docs control unless DB notified Owner of changes via Submittal and Owner approved such changes
37
D-700, GCs – Electronic Documents
• 2009 GC-3.06 disallowed reliance on info and data exchanged electronically/digitally
• NEW GC-2.08, “Electronic Transmittals”, allows reliance on electronic data
• GC-2.02, “Copies of Contract Documents”, requires four printed copies plus one PDF copy (NEW)
38
20
D-700, GCs – Ownership of Instruments of Service
• GC-3.04.A.1 provides that DB retains ownership
• Use NEW SC-3.04.A when Owner desires ownership
– Model SC-3.04.A allows DB to retain ownership of intellectual property developed before the Contract (standard specs, standard details, etc.).
• GC-3.04.A.5 addresses reuse of documents
39
D-700, GCs – Differing Site Conditions
• GC-5.04 addresses differing subsurface and physical conditions– If subsurface or latent physical conditions differ from the Contract
Documents or Technical Data, DB to promptly notify Owner
– Owner to investigate and give ruling; may result in change in price or times
– Disagreement with Owner’s decision file Claim
• DB’s right to rely on Owner-furnished information– Indicate at SC-5.04 data on which DB may rely
– NEW: If not indicated, new defined term “Technical Data” applies
• DB has greater risk than in C-700 because many Site investigations are done during preliminary design (by the DB)
40
21
D-700, GCs – Underground Facilities
• Topic not well-addressed in 2009 D-700
• NEW defined term “Underground Facilities”
• NEW GC-5.05 – Underground Facilities
– Industry first
– DB has significant responsibility to perform due-diligence to locate Underground Facilities
– DB to establish Underground Facilities Procedure, in accordance with ASCE 38, “Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data”
41
D-700, GCs – Hazardous Environmental Conditions
• NEW defined term “Technical Data” also applies to HEC
• DB’s right to rely on Owner-furnished Technical Data
• Other Defined Terms:– NEW: “Constituent of Concern”
– “Hazardous Environmental Condition”
• Owner responsible for pre-existing HEC discovered at the Site
• DB responsible for HEC created by DB– NEW: Addresses DB’s use of Constituents of
Concern at the Site 42
22
D-700, GCs – Liability Insurance
• Provisions extensively updated and modernized
• Insurer qualifications improved
• Types of Insurance (indicate coverage in SCs):– Workers compensation
– Commercial general liability
– Automobile liability
– Excess/umbrella
– Pollution liability
– Professional liability
– Optional (SC) provisions for other types
• Insurance to remain in effect during the Work and (NEW) at all times after completion when DB is performing correction period or warranty obligations
43
D-700, GCs – Property Insurance
• GC-5.06: DB (NEW) furnishes builder’s risk insurance– NEW optional SC for Owner-furnished builder’s risk
– NEW optional installation floater provision in SCs
• NEW: Indicate maximum deductible in SCs
• NEW: Builder’s risk insurance remains in effect until Substantial Completion
• Property insurance carrier continues to be required to waive its subrogation rights
44
23
D-700, GCs – Safety and Protection
• EJCDC documents draw a “bright line” between DB/Subs and Owner regarding Site safety responsibility
• Risk allocation is efficient and protects workers and the Work
• NEW: Added provision:– DB’s responsibilities for safety and protection apply
whenever DB or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction period obligations, or to conduct other tasks arising from the Contract Documents
• Use SC-7.13 for indicate Owner’s safety programs with which DB must comply
• Responsibilities for safety representative and emergencies largely unchanged
45
D-700, GCs – Submittals
• Defined term “Submittals”– Submittals DB is to submit to Owner (design and construction)
– NEW: “Design Submittal” – requiring prep by design professional
• Formerly Owner reviewed and approved all Submittals
– May impart professional liability to Owner or Consultant
• NEW: Submittals to be specifically indicated in Contract– NEW: DB’s Project Design Professionals to review/approve all
Construction Submittals
– NEW: Clear lines of professional liability
46
24
D-700, GCs – Submittals (cont’d)
• DB’s responsibilities for Construction Submittals similar to Contractor’s under C-700 (2013)
• NEW: SC-8 – Model language for indicating required Submittals– Design Submittals (Owner “approval”)
– Administrative Construction Submittals (Owner “accepts”)
– Materials and Equipment Construction Submittals (Owner comments)
– May include additional requirements in specifications (if any)
• NEW: EJCDC anticipates that Construction Submittals for materials and equipment will be limited– Supports tailoring to Owner and Project requirements
– SC-8.01.F.3 allows indication of specific types, such as shop drawings, product data, testing plans, test results, O&M manuals, etc.
47
D-700, GCs – Coordination of Others
• GC-9.01: Owner to notify DB of other work at or adjacent to the Site– NEW SC-9.01.B – Indicate others that Owner will retain to
work on the Project and other projects at the Site
– DB cooperation with others required
• GC-9.02 - Coordination– Where multiple contracts will be awarded by Owner, Owner to
appoint a coordinating entity
– SC-9.02 – Identify coordinating entity and limits of authority
• NEW GC-10.05 contemplates an Owner’s Site Representative (OSR), which is largely addressed in discussion below on D-800.
48
25
D-700, GCs – Changes, Claims, and Disputes
• Changes:
• GC-11.01: Contract can be changed only via Change Order or WCD
• NEW GC-11.04: Changes to design to be by appropriate Project Design Professional– NEW: GC-12.01 (Cost of the Work) applies only to cost-plus
compensation of changes on LS contracts
• Claims – Time limit for filing
– Direct negotiation between parties for up to 60 days
– Mediation required before final resolution
– 120-day limit on mediation duration
• Specific dispute resolution provisions are in SCs:– NEW SC-16.01 – Optional provisions on mediation rules
– SC-16.02 – Optional provision for binding arbitration
– NEW SC-16.03 – Optional responsibility-for-attorney-fees provision
D-700, GCs – Payment Procedures
• GC-14.01 allows monthly progress payments– NEW EJCDC D-620 Application for Payment form
– DB submits to Owner
– Owner has 10 days to review and issue acceptance notice or return to DB with comments
– Pay undisputed portion within 10 days of “acceptance”
• NEW: Set-offs indicated at GC-14.01.G
26
D-700, GCs – Provisions Not Covered Today
• Schedules
• Use of Site
• Bonds – updated; mirrors C-700 (2013)
• Subcontractors and Suppliers
• General warranty, guarantee, and correction period
• Tests and inspections
• Contract closeout and final payment
• Termination and suspension
• And others
D-800, Supplementary Conditions for Design-Build
• NEW document; developed in part from elements of EJCDC D-001 (2009) and C-800 (2013)
• Industry first
• Several “mandatory” SCs for Project-specific requirements
27
D-800, SCs – “Mandatory” Provisions
• Mandatory:– SC-5.04 – reports and drawings of existing subsurface and
physical conditions
– SC-5.06 – reports and drawings of Hazardous Env Condition
– SC-6.03 – DB’s required liability insurance
– SC-8.01 – required Submittals
– SC-10.05 – Owner’s Site Representative
• Mandatory in Certain (Common) Circumstances:– SC-6.05 – allowable deductible, OR for Owner-furnished
property insurance or installation floater
– SC-7.13.C – compliance with Owner’s safety program
– SC-9.01.B – others’ work on Project and at Site
D-800, SCs – Delays
• NEW SC-4.05.C – Weather Delays– Industry-first model language to establish Project
standards for weather-related delays
– Customizable
– Identify location of weather monitoring station
– Well-received by contractors
• NEW SC-4.05.E & F – Additional Optional Provisions– Info required to justify a change in the Contract
Times
– Concurrent delay within DB’s control is not cause for change in time
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D-800, SCs – DB’s Responsibilities
• NEW SC-7.04 – Labor, Working Hours– Optional provisions for restricting working hours at
the Site, indicating holidays, and responsibility for OT costs
• SC-7.09 – Permits– Optional provision to indicate Owner-required
permits
• SC-7.10 – Taxes– Optional provision for specific tax requirements
• NEW SC-7.17 – Post-Construction Phase– Use for revising DB’s post-construction services set
forth in GC-7.17
D-800, SCs – Miscellaneous SCs
• NEW SC-10.05 – Owner’s Site Representative– “Mandatory” provision.
– Indicate responsibilities of OSR (if any)
• NEW SC-17.01 – Giving Notice– Alternative, acceptable notice delivery methods
• NEW SC-17.09 and SC-17.10 – Confidentiality and Publicity– Provisions may e particularly useful on private
projects
• NEW SC-18 – Statutory Provisions
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Documents for Design-Builder’s Subcontracts
D-505, DB-Engineer Agreement
• Updated from 2009 edition
• Similar to EJCDC E-500 (2014)
• 1.02.B – Engineer to review Conceptual Docs and accept or give notice of errors requiring resolution
• Includes typical standard of care provision; no warranty of Engineer’s services
• 5.01 – Reflects DB’s responsibility for cost estimates
• Model scope of services to be tailored for the Project– Differences from E-500 reflect Engineer’s collaboration with DB; DB’s lead
role in procuring Subs and Suppliers
– Includes provisions allowing other Project Design Professionals; no wholesale flow-down of scope to Engineer
– Reduced scope (compared with E-500) for Construction phase
• Model language for several compensation alternatives
• No retainage provision
30
D-523, Construction Subcontract
• NEW document– Developed in part from EJCDC C-523 (2013)
– Replaces former D-521, D-526, and D-750, which have been discontinued
• Assumption: Used in coordination with D-512, D-520, or D-525 and D-700
• Suitable for general construction or trade subcontracts
• Suitable for stipulated price or cost-plus compensation
C-524, Purchase Order
• NEW document, being developed in part from elements of EJCDC P-520, P-700, and P-800
• Industry first
• For DB’s or Subcontractor’s use in purchasing materials and equipment
• To be published in 2017-2018– Part of EJCDC C-Series
– Can be used for design- build, DBB, CMa
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Other Documents Useful in Design-Build Delivery
P3-508, Public-Private Partnership Agreement
Industry first, published in
2014
Public improvements implemented using P3 are typically done
via design-build
P3-508 is well-coordinated with 2016 D-
Series
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D-001, Commentary on 2016 Design-Build Docs
Updated and expanded from 2009 edition
Guideline and commentary on EJCDC’s D-Series documents
Presents supplemental information useful to users of the D-Series
Important reference
To be published in 2017
Administrative Forms for Design-Build
• NEW documents– D-620, DB’s Application for Payment
– D-940, Work Change Directive (Design-Build)
– D-941, Change Order (Design-Build)
• Developed from associated EJCDC C-Series docs
• Clarity in who signs these documents
• Improves administration of design-build contracts
33
Request for Instructions Concerning Bonds & Insurance (2013)
Owner’s Instructions Concerning Bonds & Insurance (2013)
Bid Bond (Penal Sum) (2013)
Bid Bond (Damages Form) (2013)
Qualifications Statement (2013)
Notice of Award (2013)
Certificate of Substantial Completion (2013)
Engineer’s Notice of Acceptability of Work (2014)
Other EJCDC Documents Useful for Design-Build
C-051
C-052
C-430
C-435
C-451
C-510
C-625
C-626
Wrap-up
34
• Available from www.ejcdc.org
• Available online bookstores of ACEC, ASCE, NSPE
• The Municipal Water and Wastewater Design-Build Handbook, Fourth Edition, 2016
• “Progressive Design Build Procurement Guide”, 2016
Resources
EJCDC 2016 D-SERIES DOCUMENTS
WATER DESIGN-BUILD COUNCIL RESOURCES:
SummaryUnderstand what you’re getting into before undertaking design-build
Use appropriate contract documents
EJCDC’s 2016 D-Series is the state-of-the-art in design-build contracts
New RFQ, RFP, and Proposal docs are industry firsts; give uniformity and structure to design-build procurement
D-512 progressive agreement is industry first and presents a fair approach to implementing design-build
Risk allocations in D-700 and D-800 are modern, scalable, and truly reflect the intent of design-build
EJCDC has many other forms and documents to assist with implementing design-build
35
Q&A and Speaker Contacts
Jerry Cavaluzzi, Esq.Kennedy/Jenks Consultants [email protected]
Kevin O’Beirne, PE, FCSIArcadis – Buffalo [email protected]
Professional Engineer licensed in NY and PA
THANK YOU
Employee Feedback: Say Goodbye to the Annual Review
Saturday, October 22 – 10:00am – 11:15am
Presented by Ed Palpant, FMI Forget the annual review! To retain top talent, delivering regular and productive feedback is essential. Learn how to give, create, and receive constructive feedback.
ABOUT THE SPEAKER
As a training consultant with FMI, Ed’s focus is on helping individuals and companies be more productive through better communication, team building, management skills and leadership development. With 25 years’ experience, he is a seasoned training consultant, having led sessions on a diverse number of adult learning topics for private corporate and non-profit clients. Through a variety of training programs and consulting opportunities, Ed brings the latest research and writings to companies and their most critical employees and teams.
Aligning Business Goals with Values and Ethics
Saturday, October 22 – 10:00am – 11:15am
Presented by Elizabeth K. Levin, Liz Levin & Company; Dorri Raposa; HDR, Inc.; Lisa Brothers, Nitsch Engineering; Doug McKeown, Woodard & Curran Do your strategic plan and business goals align with your corporate values and ethics? Does your culture translate into positive behavior and attitudes? Hear how three successful firms live their values, apply them to their professional services delivery, and realize financial success and long-term employee engagement.
ABOUT THE SPEAKER
Liz is President of Liz Levin & Company, a management consulting firm to transportation, design and environmental companies. In her professional work and volunteer life Liz is an avid advocate for the environment, for transportation and for women. Liz and Grace Crunican are the co- authors of the recent book “Boots on the Ground, Flats in the Boardroom: Transportation Women Tell Their Stories.
Dorri is Senior Vice President and Global Director of Client Development and Cross Sector Services/Transportation for HDR. She has responsibility for strategic growth and service expansion of HDR’s $700 million Transport program. Dorri has been involved in the design and construction industry for more than 35 years as a strategist, communicator and facilitator. She has a unique ability to develop and drive a vision for problem solving and strategic business
Lisa Brothers has more than 30 years of experience in the design, construction, and management of roadway, site development, sustainable design, and infrastructure-related projects. As President/CEO of Nitsch Engineering, Lisa is responsible for the vision, growth strategy, strategic direction, and overall performance of the firm.
As Woodard & Curran's Chief Executive Officer, Doug is responsible for the firm’s overall performance and strategic direction. In his role as Chairman of the Board, he is responsible for shareholder relations, governance, and the firm’s long-term sustainability as a thriving, privately held company. Toward this end, Woodard & Curran has successfully transitioned ownership from its original founders to 23% of its current employees, with no one owning more than 5%.