Module 25Module 25

STEPS 20 & 21STEPS 20 & 21

CONSTRUCTION and CONSTRUCTION and OPERATION & OPERATION &

MAINTENANCEMAINTENANCE

Module 25Module 25

STEPS 20 & 21STEPS 20 & 21

CONSTRUCTION and CONSTRUCTION and OPERATION & OPERATION &

MAINTENANCEMAINTENANCE

Civil Works Orientation Course - FY 11

OBJECTIVES:OBJECTIVES:OBJECTIVES:OBJECTIVES:

The module will provide an overview of:

Project Construction Project Operation, Maintenance,

Repair, Replacement, and Rehabilitation (OMRR&R)

AWARD CONSTRUCTION AWARD CONSTRUCTION CONTRACTCONTRACT

After PPA is executed

After all LERRDS are acquired by sponsor

After Federal and sponsor funds are received

GENERAL PRINCIPLESGENERAL PRINCIPLES

• Private contractors are usedPrivate contractors are used

• Process is usually competitive - exceptions areProcess is usually competitive - exceptions are Small Business Set-a-sidesSmall Business Set-a-sides

• Construction contracting is governed by:Construction contracting is governed by:

– Federal Acquisition Regulations (FAR)Federal Acquisition Regulations (FAR)

– Department of Defense Supplement (DFARS)Department of Defense Supplement (DFARS)

– Army Supplement (AFARS)Army Supplement (AFARS)

– Engineer Supplement (EFARS)Engineer Supplement (EFARS)

CONTRACT PROCESSCONTRACT PROCESS CONTRACT PROCESSCONTRACT PROCESS • Presolicitation Notice/Synopsis Advertisement

• Invitation for Bid (IFB) or Request for

Proposals (RFP)

• Site Inspection and Prebid Conference

• Bid Opening or Proposal Evaluation

• Notice of Award

• Preconstruction Conference

• Notice to Proceed

CONSTRUCTION FIELD CONSTRUCTION FIELD OFFICEOFFICE

(Varies according to workload)(Varies according to workload)

• Area / Resident EngineerArea / Resident Engineer

• Project EngineerProject Engineer

• Field EngineerField Engineer

• Office EngineerOffice Engineer

• Quality Assurance PersonnelQuality Assurance Personnel

• Support PersonnelSupport Personnel

PARTNERINGPARTNERINGPARTNERINGPARTNERING

WHY: To reduce the amount of litigation on

Government construction contracts and is

offered on all contracts

WHO: All team members and contractor

personnel

HOW: Usually informal. Under formal situations:

conduct a partnering workshop before

construction; develop and sign charter; hold

regroup meetings.

CONSTRUCTION CONSTRUCTION RESPONSIBILITIESRESPONSIBILITIES

• Perform plan-in-hand site review during Perform plan-in-hand site review during designdesign

• Perform constructability review duringPerform constructability review during design (BCOE review)design (BCOE review)

• Provide liquidated damages rate and otherProvide liquidated damages rate and other contract special provisions contract special provisions

• Conduct the preconstruction conferencesConduct the preconstruction conferences

CONSTRUCTION CONSTRUCTION RESPONSIBILITIESRESPONSIBILITIES

• Perform quality construction management Perform quality construction management by assuring that the contractor by assuring that the contractor provides QCprovides QC

• Assure the project is constructed Assure the project is constructed according to the plans and specsaccording to the plans and specs

• Enforce all contract provisions and Enforce all contract provisions and requirements requirements

• Assure compliance with all safetyAssure compliance with all safety requirements requirements

CONSTRUCTION CONSTRUCTION RESPONSIBILITIESRESPONSIBILITIES

• Issue contract modifications within Issue contract modifications within authorityauthority

• Approve contractor progress paymentApprove contractor progress payment

• Review the work for final acceptance Review the work for final acceptance

• Coordinate warranty issuesCoordinate warranty issues

• Insure compliance with all applicable Insure compliance with all applicable regulatory and local building regulatory and local building

requirementsrequirements

CONSTRUCTION GOALCONSTRUCTION GOAL

The ultimate goal of the Corps is to The ultimate goal of the Corps is to deliver a quality project, on time,deliver a quality project, on time,within budget, and with zero claimswithin budget, and with zero claims

Emergency Stream Bank Erosion Protection

Seattle District

Emergency Stream Bank Erosion Protection

Seattle District

Riverine Habitat Restoration, Seattle District

Riverine Habitat Restoration, Seattle District

Everglades S-65 Control Structure

S-65 Control Structure

Beach Nourishment, Ocean City, MD

Beach Nourishment, Ocean City, MD

Beach Nourishment, Ocean City, MD

Beach Nourishment, (Before) Miami/Dade

County, FL

After

Jetty Construction, Chesapeake Bay, Baltimore District

Wetlands Restoration (Geotextile Tubes) Smith Island, MD

Olmsted Locks Construction January 29, 1997

Olmsted Locks Construction March 6, 1997

Olmsted Locks ConstructionFebruary 28, 2000

Olmsted Locks & Dam Project1996 rendering of completed project

Flood Protection Levee (Pump Station Construction)

Lock Haven, PA

Flood Protection Levee Lock Haven, PA

Flood Protection Wall South Frankfort, KY

Flood Protection Wall South Frankfort, KY

Kentucky River FloodingMarch 2, 1997

South Frankfort, KY

Kentucky River FloodingMarch 2, 1997

Kentucky River FloodingMarch 2, 1997

CONTRACT CONTRACT MODIFICATIONSMODIFICATIONS

CONTRACT CONTRACT MODIFICATIONSMODIFICATIONS

• Reasons for modifications– unforeseeable, unusually severe weather– differing site conditions– design omissions– design changes– user requests change

• Close coordination between the contractor, the field office, the project manager, the local sponsor, and the designer

DISPUTESDISPUTESDISPUTESDISPUTES

Can be resolved by:– Issuing a modification for the disputed work– Alternate disputes resolution (ADR)– Appeal to the Board of Appeals or the Federal

Court

CLAIMSCLAIMSCLAIMSCLAIMS

Claims under $100,000 must have a contracting officer’s decision rendered within 60 days

Claims over $100,000 must give a date to expect the contracting officer’s decision within 60 days

Claims over $100,000 must be certified by an officer of the construction company

Claims under $100,000 must have a contracting officer’s decision rendered within 60 days

Claims over $100,000 must give a date to expect the contracting officer’s decision within 60 days

Claims over $100,000 must be certified by an officer of the construction company

CONSTRUCTION COST SHARING: Flood Risk Management – varies from

50/50 to 65/35

Ecosystem Restoration - 65/35

Inland Navigation - 50/50 (Inland Waterways Trust Fund)

Deep Draft Navigation - proportional to depth of construction: Non-Federal share is 10% to Depths of 20 feet; 25% between 20 and 45 feet; and 50% over 45 feet.

Recreation - 50/50

PPA Guidance -PPA Guidance - Specifically Authorized Projects Specifically Authorized Projects

PPA Guidance -PPA Guidance - Specifically Authorized Projects Specifically Authorized Projects

SECTION 902 LIMITSSECTION 902 LIMITSSECTION 902 LIMITSSECTION 902 LIMITS

Water Resources Development Act of 1986

Established a maximum cost of a project

– authorized project cost can not be increased by more than 20 percent (excluding inflation) without further Congressional authorization

• Final Inspection• Corps accepts project from contractor• Corps transfers project to sponsor• Contract close-out• Financial close-out with sponsor

ACCEPTANCE OF PROJECT

Private contractors are typically used Requires close coordination between

contractor, Corps, and sponsor Project is accepted from contractor and

transferred to sponsor

SUMMARY

STEP 21STEP 21

OMRR&ROMRR&R

STEP 21STEP 21

OMRR&ROMRR&R

• Operation• Maintenance• Repair• Replacement• Rehabilitation

OMRR & R

WHO IS RESPONSIBLE WHO IS RESPONSIBLE FOR OMRR&R?FOR OMRR&R?

• OMRR&R for newly completed flood risk OMRR&R for newly completed flood risk management and environmental restoration management and environmental restoration projects is 100% sponsor responsibilityprojects is 100% sponsor responsibility

• The Corps is responsible for:The Corps is responsible for:- Inland Navigation- Inland Navigation- Deep Draft Navigation Dredging- Deep Draft Navigation Dredging- Multi-purpose flood control - Multi-purpose flood control projects completed prior to 1986 projects completed prior to 1986

OVERSEE SPONSOR OVERSEE SPONSOR OPERATED PROJECTSOPERATED PROJECTSOVERSEE SPONSOR OVERSEE SPONSOR

OPERATED PROJECTSOPERATED PROJECTS

• The Corps oversees sponsor-operated projects

– Corps prepares and provides sponsor with O&M manual at time of construction

– Corps maintains annual inspection program – Inspection of Completed Works (ICW)

– Sponsor completes semi-annual operation report

LOCAL FLOOD RISK LOCAL FLOOD RISK MANAGEMENT PROJECTSMANAGEMENT PROJECTS

• OMRR&R responsibilities include: OMRR&R responsibilities include:

– repairing minor damages to leveesrepairing minor damages to levees

– activating flood control devices activating flood control devices prior to floodprior to flood

– maintaining pumping stationsmaintaining pumping stations

– mowing leveesmowing levees

• Operation and maintenance of local flood protection projects (LFPP) – Since 1941, Corps has constructed flood

control projects and turned them over to local sponsor for maintenance

– Maintenance is 100% non-Federal cost

• Operation and maintenance of local flood protection projects (LFPP) – Since 1941, Corps has constructed flood

control projects and turned them over to local sponsor for maintenance

– Maintenance is 100% non-Federal cost

OPERATE AND OPERATE AND MAINTAIN LFPPMAINTAIN LFPP

FLOOD RISK MANAGEMENT FLOOD RISK MANAGEMENT BY THE CORPSBY THE CORPS

• Corps Program responsibilities:– Operate and maintain reservoirs built before 1986 and

some local flood protection projects built before 1941– Oversee and inspect sponsor-operated projects:

– Inspection of Completed Works (Federal)– Rehabilitation and Inspection Program (non-Federal)

– Manage natural resources and recreational facilities

Manage natural resources at flood risk management projects– Protect project visitors– Protect project resources– Preserve and enhance aesthetic integrity– Prevent unauthorized structures on lands– Improve environment through vegetative

management

For major projects where authorized, the Corps manages recreation facilities

NATURAL RESOURCESNATURAL RESOURCES

HURRICANE & STORM HURRICANE & STORM DAMAGE REDUCTIONDAMAGE REDUCTION

• OMRR&R is a non-Federal responsibility

– paid 100% by the sponsor*

• Responsibilities include:

– rebuilding dunes after they have eroded

– replanting the dunes grasses as needed

– repairing fencing around dune areas

*Periodic nourishment of project is considered “continuing construction”

• OMRR&R is a non-Federal responsibility– paid 100% by the sponsor

• The Corps strives to implement ecosystem restoration projects with little O&M needs (i.e. sustainable)

• OMRR&R is a non-Federal responsibility– paid 100% by the sponsor

• The Corps strives to implement ecosystem restoration projects with little O&M needs (i.e. sustainable)

ECOSYSTEM RESTORATIONECOSYSTEM RESTORATION

• Deep-draft navigation projects

– projects 45 ft. or less deep are paid 100% Federal– projects depths below 45 ft. are cost-shared

50% / 50%

• Inland navigation projects– general navigation features are paid 100%

Federal

• All service facilities located beyond the limits of the Federal channel are paid 100% by non-Federal

NAVIGATION

NAVIGATION

• The size/cost of the navigation O&M program is The size/cost of the navigation O&M program is somewhat constant, and varies as the need for somewhat constant, and varies as the need for maintenance arisesmaintenance arises

• Funding is driven by the need for action, not by an Funding is driven by the need for action, not by an attempt to maintain an authorized project depthattempt to maintain an authorized project depth

• Responsibilities include dredging channels and Responsibilities include dredging channels and repairing jetties, locks, & damsrepairing jetties, locks, & dams

• Coordination with the local sponsor or agencies is Coordination with the local sponsor or agencies is keykey

– Sponsor must identify dredge disposal areasSponsor must identify dredge disposal areas

Manage and operate facilities at existing multipurpose dam projects – 75 Projects nationwide– Power provided to public through Power

Marketing Administrations (PMA) Southeastern Power Administration (SEPA) Southwestern Power Administration (SWPA) Bonneville Power Administration (BPA) Western Area Power Administration (WAPA)

– 100% Federally funded at this time

HYDROPOWERHYDROPOWER

CORPS’ O&M FUNDINGCORPS’ O&M FUNDINGCORPS’ O&M FUNDINGCORPS’ O&M FUNDING

• Congress appropriates funds annually for operation and maintenance of Corps projects– Special items are requested and

scheduled 2 years prior to execution• Funds also are provided for ICW program• All work is prioritized nationwide• Unbudgeted work: emergencies

REPAIR/REHAB OF FEDERAL PROJECTS

• Less than $ 3 million = funded through O&M budget

• Over $ 3 million = report prepared and funded through O&M budget

• Large “Replacement” projects funded through CG budget – no budgetary guidance as to dollar minimum size, but generally will exceed $6 million

Major infrastructure repairs for Federal O&M projects (greater than $ 6 million?)

Rehabilitation Evaluation Report (RER) is prepared

Projects must compete with other new construction starts

Reliability improvements Efficiency improvements

MAJOR REPLACEMENT MAJOR REPLACEMENT PROGRAMPROGRAM

CORPS’ O&M PROGRAMCORPS’ O&M PROGRAMCORPS’ O&M PROGRAMCORPS’ O&M PROGRAM

• ASSET MANAGEMENT• The Corps is moving toward a systems

approach for managing its operational assets on a basin wide basis

• Implementation will vary by District/MSC• Goal is to provide for a more efficient

process for prioritizing funding needs and scheduling major rehabilitation of projects

O&M AND THE PROJECT O&M AND THE PROJECT DEVELOPMENT PROCESSDEVELOPMENT PROCESS

• How does the O&M function and responsibilities How does the O&M function and responsibilities fit into the initial project development process?fit into the initial project development process?

– Plan formulationPlan formulation

– EconomicsEconomics

– Cost estimatesCost estimates

– Sponsor responsibilitiesSponsor responsibilities

O&M AND THE PROJECT O&M AND THE PROJECT DEVELOPMENT PROCESSDEVELOPMENT PROCESS

• Corps O&M function and responsibilities can Corps O&M function and responsibilities can lead to new work:lead to new work:

– Inspection of Completed Works Program (ICW)Inspection of Completed Works Program (ICW)

– Rehabilitation and Inspection Program (RIP)Rehabilitation and Inspection Program (RIP)

– Section 216 Review of Completed ProjectsSection 216 Review of Completed Projects

– Flood Risk ManagementFlood Risk Management

– Coastal Storm Risk ManagementCoastal Storm Risk Management

– NavigationNavigation

SUMMARYSUMMARYSUMMARYSUMMARY All new projects are maintained by local

sponsor except navigation

Corps provides O&M manual to sponsor

Corps has periodic inspections of projects

Corps has large operations program for

major reservoirs and navigation systems

O&M must be considered during project

development process

All new projects are maintained by local

sponsor except navigation

Corps provides O&M manual to sponsor

Corps has periodic inspections of projects

Corps has large operations program for

major reservoirs and navigation systems

O&M must be considered during project

development process