Introduction to DesignBuild An Environmental Perspective Environmental Services

Introduction to Design-Build An Environmental Perspective Environmental Services Office Compliance Branch Christina Martinez Eric Wolin Compliance Branch Manager Permitting and Compliance Program Manager

Training Outline I. Introduction and Background II. Environmental Compliance on Design-Build Projects A. B. C. D. E. Environmental Review and Permitting Contract Development Contractor Selection and Award Contract Implementation Project Close-Out III. Questions and Answers

I. Introduction and Background A. B. C. D. E. What is Design-Build? How is it different than Design-Bid-Build? Where and when has it been used? How do we select Design-Build contractors? What does the Design-Build contract look like?

What is Design-Build? § A project delivery system where a single entity (Design-Builder) is contractually responsible for both the final design and construction of the project. § An alternative to design-bid-build

How does Design-Build differ from Design-Bid-Build? Select Engineer Prelim Design Development Working Drawings Contractor Bids Construction Contract Awarded Select Design/ Builder e Timings v Sa Prelim Design Development Contract Awarded Working Drawings Construction Time Project Completion

How does Design-Build differ from Design-Bid-Build? Dessert Analogy: Design-Build: Hire a caterer, tell them you want a dessert. Design-Bid-Build: Provide a caterer with a recipe, quantities, ingredient requirements, stove specifications, pan specifications, testing requirements, etc.

Why Pursue Design Build? § Faster • Time savings for project delivery = cost savings. § Other objectives • Conflicts reduced with a single point of responsibility. (design vs. construction) • Innovations in schedule and traffic impacts. • Obtain expertise that is not available in house. • Reduce number of owner engineers/representatives.

Transportation Design-Build use by State in the year 2002 MA NJ DE DC MD AK HI No DB Projects Less than 10 DB Projects More than 10 DB Projects Locations that WSDOT researched VI

WSDOT Design-Build Projects

How do we select Design-Build Contractors? Request for Qualifications The private sector forms teams Statement of Qualifications WSDOT “short-lists” three to four teams Request for Proposals WSDOT Submittal Design-Builder Submittal WSDOT makes a “Best Value” Determination

What does the Design Build contract look like? Reference Manuals Permit Requirements © 1998 -2001, All rights resered, Douglas D. Gransberg & Keith Molenaar

II. Environmental Compliance on Design-Build Projects A. Environmental Review and Permitting B. Contract Development C. Contractor Selection and Award D. Contract Implementation E. Project Close-out

Environmental Review and Permitting Allowed – WSDOT to issue a RFP and award a Design. Build contract before the NEPA process is complete. Increasing Risk Preferred – WSDOT completes NEPA, ESA, Section 106, and major permit acquisition prior to RFP issuance.

DB Contracting and Old 23 CFR 636. 109 § RFQ solicitation prior to NEPA is OK § Must NOT issue RFP prior to NEPA § RFP must address how NEPA commitments and mitigation will be implemented SR 16, Tacoma Narrows Bridge

DB Contracting and New 23 CFR 636. 109 § Prior to Completion of NEPA Process: § Issue RFQ prior to NEPA § Issue RFP before or after NEPA § Award D-B contract prior to NEPA § Issue NTP for preliminary design prior to NEPA

Contract Development

Developing the contract – What are the roles of environmental staff? § Learn the project § Attend kick-off and project coordination meetings § Compile environmental commitments § Prepare RFP documents § Coordinate reviews of contract documents

What are the components of the RFP? § Instructions to Proposers (ITP) § Chapter 1 § Chapter 2 § Appendices

Instructions to Proposers – Which components are important for environmental staff? § General information § Technical requirements § Proposal evaluation process

Chapter 1: General Provisions – Which components are important for environmental staff? § Definitions § Liquidated Damages § Incentives and Disincentives § Contract Administration Items

Chapter 2: Technical Requirements – Which components will environmental staff likely review? § Section 2. 1 – General Information § Section 2. 8 – Environmental § Section 2. 9 – Public Information § Section 2. 12 – Plans Preparation and Documentation § Section 2. 14 – Stormwater Management § Section 2. 15 – Roadside Restoration Design § Section 2. 28 – Quality Management Plan Requirements

RFP Appendices – Which appendices are environmental staff responsible for? § Appendix A – Appendices List § Appendix C – Commitments List § Appendix E – Environmental Documents § Appendix H – Hydraulic Report and Stream/Culvert Guidelines § Appendix O – Local Agreements § Appendix P – Permits § Appendix W – Wetland Reports and Mitigation Plans

Appendix A 1 Example

Appendix C 1 Example

Contractor Selection and Award § What is the “Best value” approach? § How is consideration for the environment reflected in the scoring process? § What is the role of environmental staff? § What is a “Notice to Proceed” (NTP)?

What is the “best value” approach? Price Technical Solution The project is awarded to the Proposer who offers the best value (combination of price and technical solution)

How is consideration for the environment reflected in the scoring process? § Key Personnel § Project Management Approach § Preliminary Baseline Contract Schedule § Technical Approach and Innovations § Environmental Compliance and Innovation

Example of a technical evaluation score sheet

What is the role of environmental staff during scoring? § Know the scoring process § Know the environmental criteria § Review the Proposals § Indentify strengths and weaknesses § Coordinate § Make (and defend) Recommendations

What is a “Notice to Proceed” (NTP)? According to Businessdictionary. com a Notice to Proceed is: “A letter from a principal (client or owner) to a contractor stating the date the contractor can begin work subject to the conditions of the contract. The performance time of the contract starts from the NTP date. ”

Contract Implementation A. Co-location B. Get Organized C. Environmental training D. Design and submittal reviews E. Construction compliance

Co-location § Design-Builder to provide and maintain office space § Encourages co-location § Facilitates and expedites communication. § Organize staff by discipline.

Get Organized § Know your team § Learn the requirements § Empower your staff § Establish relationships

Environmental training – current requirements § Design-Builder to develop environmental training § All staff shall attend § WSDOT involvement § Non-compliance reporting § Procedure for new staff

Design and submittal reviews § Need to know the environmental requirements § Can be tedious § Coordinate with other disciplines § Permit modifications may be necessary § Sets the stage for construction § Strong environmental representation

What submittals will I need to review? § Interim and Final Environmental Compliance Plans § Quality Management Plan § Wetland delineation confirmation letter § Wetland or stream mitigation plans § Asbestos Containing Materials/Lead Based Paint (ACM/LBP) Survey(s) § Plan sheets (site prep, TESC, drainage, landscaping, etc. ) § Permit revisions – updated JARPA drawings

How do I coordinate with other disciplines? § Query for design commitments § Create commitment lists by discipline for design reviews § Attend other task force meetings to raise awareness § Review other plan sheets and submittals

Construction Oversight

What are the components of the Environmental Compliance Plan? § Temporary Erosion and Sediment Control (TESC) Plan § Spill Prevention Control and Countermeasures (SPCC) Plan § Fugitive Dust Control Plan § Unanticipated Discovery Plan

What is the role of the Design-Builder’s compliance staff vs. WSDOT’s compliance staff? § WSDOT plays a strong owner role and oversight § Design-Builder to do the heavy lifting

Changes and Permit Amendments § § § Alternative Technical Concept Change Order Design Change Notice (DCN) Field Change Request (FCR) Nonconforming Issues (NCI) Nonconformance Report (NCR)

Contract Tools for Environmental Compliance § § § § Weekly Environmental Task Force meetings Just in time training Wetland delineation confirmation Environmental incentives Activity Meetings Hold points Commitment Database and Report

A typical day as the environmental lead…

Project Close-Out § § Notice of Termination Commitment fulfillment and documentation As-Builts Hand off to maintenance and mitigation monitoring

What are some good resources for Design-Build? § Check out WSDOT’s Design-Build web site at: http: //www. wsdot. wa. gov/Projects/delivery/designbuild/ § Current WSDOT Design-Build contact documents: http: //www. wsdot. wa. gov/biz/contaa/DESIGNBUILDCONTRACTS/ § Design-Build Institute of America: http: //www. dbia. org/ For additional information contact: Eric Wolin, Permitting and Compliance Program Manager Environmental Services Office (360) 705 -7487 wolined@wsdot. wa. gov

III. Questions and Answers

Lesson’s Learned § § § § § Need strong support from management Cradle to grave environmental involvement Be ready and organized to comment on submittals Conduct over-the-shoulder design reviews Attend weekly schedule meetings Review commitments on a regular basis Attend hold point or pre-activity meetings Ask the right questions at the right time Team-based approach

Lessons Learned (Continued) § Provide clear environmental expectations. § Fully define what constitutes environmental compliance. § Provide contract language for how environmental compliance will be monitored and measured. § Provide incentive for meeting or exceeding requirements. § Clearly identify WSDOT as the lead for external communications with the regulatory agencies. § Conduct over-the-shoulder reviews during design § Assign a high-level environmental staff member to the project § Environmental staff should report to both the P. E and the Environmental Manager. § Meet on a weekly basis (Environmental Task Force meetings)