Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design...
Transcript of Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design...
![Page 1: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/1.jpg)
Design-Build: Utility AgreementsConnecting YOU with TexasGreg Faber, SIT, PMP, Project Finance Debt Division Project Manager
October 14, 2020
![Page 2: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/2.jpg)
DB Utility Agreements October 14, 2020
Design-Build Utility Agreements
2
Agreement Name Brief Description
Standard Utility Agreement (U-35) Managed by District Utility Staff/GECFor long-lead items.
Project Utility Adjustment AgreementDB-Managed (PUAA-DB Managed)
DB Contractor performs engineering and physical relocation.
Project Utility Adjustment AgreementOwner-Managed (PUAA-Owner Managed)
Utility Owner performs engineering and physical relocation
**Under Development**Pre-Construction Utility Agreement (PCUA)
Optional Agreement Managed by District Utility Staff/GEC.Performed prior to DB Contract execution.Facilitates executions of SUA’s and PUAA.
Interlocal Agreement (ILA) Agreement with Municipal Utility Owners
![Page 3: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/3.jpg)
DB Utility Agreements October 14, 2020
Standard Utility Agreement Timeline for Design-Build Project
3
Planning/Pre-Procurement: Time Varies Procurement: 14 months
Post-AwardPre-Award
Implementation: Time Varies
ENV
Cle
aran
ce
Issu
e no
tice
of th
e Pr
ojec
t
Prop
osal
s D
ueResponsible Parties: District andUtility Company
Responsible Parties: District, Utility Companyand DB Contractor (inspection/verification)
Util
ity P
erfo
rms
adju
stm
ents
Identify long-lead items
Util
ity W
orks
hop
Issu
e N
OR
A
Exec
ute
SUA
Util
ity C
ompl
etes
adj
ustm
ent
CO
NTR
ACT
EXE
CU
TIO
N /
NTP
1
TxD
OT
reim
burs
es U
tility
Early
Coo
rdin
atio
n M
eetin
gs
Perfo
rm S
UE
![Page 4: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/4.jpg)
DB Utility Agreements October 14, 2020
Standard Utility Agreement (Form: ROW-U-35)
Follows the Design-Bid-Build (DBB) Utility Accommodations Process
Early coordination meetings with the Utility Owner determine if the utility can enter into a Standard Utility Agreement when in if the conflict with the project:
• reimbursable per Transportation Code 203.092
• requires a long lead item(s) and/or
• a necessary relocation that minimizes impact to innovation in the DB Contractor’s design.
Information pertaining to the adjustment/relocation should be added to the Reference Information Documents (RID’s).
4
![Page 5: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/5.jpg)
DB Utility Agreements October 14, 2020
Standard Utility Agreement (Form: ROW-U-35)
The Parties will work together in a timely manner on:
– execution of the agreement
– scheduling and
– physical relocation.
Cost of the adjustment is not included in the DB Contractors bid
– What if the DB Contractor designs the project in a way that impacts the utility after the adjustment?
• Risk, Cost and Schedule Impact is that of DB Contractor
5
![Page 6: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/6.jpg)
DB Utility Agreements October 14, 2020
Project Utility Adjustment Agreement – PUAA’s
6
Planning/Pre-Procurement: Time Varies Procurement: 14 months
Post-AwardPre-Award
Implementation: Time Varies
1 on
1’s
Perfo
rm S
UE
Prop
osal
s D
ueResponsible Parties: District andUtility Company
Responsible Parties: Utility Companyand DB Contractor
DBC
iden
tifie
s co
nflic
t
Identify long-lead items
Util
ity W
orks
hop
DBC
and
Util
ity N
egot
iate
Early
Coo
rdin
atio
n M
eetin
gs
Com
plet
es a
djus
tmen
t
CO
NTR
ACT
EXE
CU
TIO
N /
NTP
1
DBC
reim
burs
es U
tility
NTP
2
DBC
/UC
Per
form
s Ad
just
men
ts
DBC
/UC
Exe
cute
PU
AA
TxD
OT
reim
burs
es D
BC
Ong
oing
Coo
rdin
atio
n M
eetin
gs
Issu
e no
tice
of th
e Pr
ojec
t
![Page 7: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/7.jpg)
DB Utility Agreements October 14, 2020
Project Utility Adjustment Agreements – PUAA’s
PUAA DB Contractor-Managed
– DB Contractor performs:
• design engineering plans and/or perform the physical adjustment/relocation.
PUAA Owner-Managed
– Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation.
7
![Page 8: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/8.jpg)
DB Utility Agreements October 14, 2020
Project Utility Adjustment Agreements – PUAA’s
Early coordination meetings with TxDOT and Utility Owner determine if the utility adjustment/relocation:
– does NOT require a long-lead item and/or,
– has a relocation that greatly impacts innovation in the DB Contractors design
Proposers are allowed 1 on 1’s with the Utility Companies during procurement.
– This assists in better pricing of the utility coordination and adjustments line items associated with their bid.
– 1 on 1’s protocols are outlined in Section 2.5.2 of the Instructions to Proposers (ITP)
8
![Page 9: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/9.jpg)
DB Utility Agreements October 14, 2020
Project Utility Adjustment Agreements – PUAA’s
Proposers incorporate utility costs in two lump sum line items in the schedule of values:
– coordination and,
– adjustment costs.
Agreement assembly and reimbursement payment are processed and maintained by the DB Contractor.
– DB Contractor pays the utility for internal costs, inspection, construction, material, etc.
– DB Contractors costs are not part of the PUAA’s
– TxDOT reimburses the DB Contractor as milestones of the adjustment
9
![Page 10: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/10.jpg)
DB Utility Agreements October 14, 2020
Pre-Construction Utility Agreement: Timeline for Design-Build Projects
10
Planning/Pre-Procurement: Time Varies Procurement: 14 months
Post-AwardPre-Award
Implementation: Time Varies
Util
ity In
voic
es T
xDO
T fo
r Pre
lim W
ork
Dev
elop
Sco
pe o
f SU
E
Responsible Parties: District andUtility Company
Responsible Parties: District, Utility Companyand DB Contractor (inspection/verification)
Identify long-lead items
Util
ity W
orks
hop
Ong
oing
Util
ity M
eetin
gs
CO
NTR
ACT
EXE
CU
TIO
N /
NTP
1
Early
Coo
rdin
atio
n M
eetin
gs
Iden
tific
atio
n of
con
flict
Be
gin
Prel
imin
ary
Wor
k
TxD
OT
reim
burs
es U
tility
Exec
ute
PCU
A
DBC
iden
tifie
s co
nflic
t
DBC
and
Util
ity N
egot
iate
Com
plet
es a
djus
tmen
t
DBC
reim
burs
es U
tility
NTP
2
DBC
Per
form
s Ad
just
men
ts
DBC
and
UC
Exe
cute
PU
AA
TxD
OT
reim
burs
es D
BC
Issu
e PC
UA
1 on
1’s
ENV
Cle
aran
ce
![Page 11: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/11.jpg)
DB Utility Agreements October 14, 2020
Under Development! Pre-Construction Utility Agreement (DB-PCUA)
OPTIONAL agreement created for Utility Company’s on Design-Build Projects
– Encourage early engagement
– creates reimbursement mechanism for preliminary work
– Costs up to the DB Contract Execution/NTP1
– Partnering/Better information/quicker execution
11
![Page 12: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/12.jpg)
DB Utility Agreements October 14, 2020
Under Development! Pre-Construction Utility Agreement (DB-PCUA)
TxDOT issues the PCUA serving as notice of the project.
TxDOT requires prior to execution:
– Cost estimate including: coordination services, engineering and staffing .
Upon execution reimbursable Preliminary Utility Work includes:
– deliverables
– development of TxDOT’s SUE scope
– answering questions from Proposers
MORE INFORMATION COMING SOON!
12
![Page 13: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/13.jpg)
DB Utility Agreements October 14, 2020
Interlocal Agreement (ILA) Timeline for Design-Build Project
13
Planning/Pre-Procurement: Time Varies Procurement: 14 months
Post-AwardPre-Award
Implementation: Time Varies
Dev
elop
Con
cept
ual L
ayou
ts
Perfo
rm S
UE
Prop
osal
s D
ueResponsible Parties: District andUtility Company
Responsible Parties: District, Utility Companyand DB Contractor (inspection/verification)
DBC
Perfo
rms
Adju
stm
ents
Identify long-lead items
Util
ity W
orks
hop
Dev
elop
and
neg
otia
te la
ngua
ge
Exec
ute
ILA
DBC
Com
plet
es a
djus
tmen
t
CO
NTR
ACT
EXE
CU
TIO
N /
NTP
1
Rei
mbu
rsem
ent v
arie
s
Early
coo
rdin
atio
n M
eetin
gs
NTP
2
Ong
oing
coo
rdin
atio
n M
eetin
gs
Issu
e N
OR
A
Det
erm
ine
if IL
A is
requ
ired
Iden
tify
Crit
ical
Infra
stru
ctur
e
![Page 14: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/14.jpg)
DB Utility Agreements October 14, 2020
Interlocal Agreement - ILA
ILA’s are project specific and customizable.
– Included in the Reference Information Documents (RID’s)
– Negotiations and cost estimate developed prior to DBA execution/NTP1.
Coordination meetings with Municipal Utility Owner determines if:
– use the Developer for design and construction
– impacts Critical Facilities
14
![Page 15: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/15.jpg)
DB Utility Agreements October 14, 2020
Interlocal Agreement - ILA
When should TxDOT and Municipal Utility Owner use an ILA?
– Government Code 2269.003 and Local Government Code 252.021
• TxDOT District and PFD-SCM will coordinate with General Counsel Division (GCD)
– Municipal Utility Owner eligible costs:
• DB Contractor reimburses the Municipal Utility Owner
– Ineligible costs (ex: elective betterments)
• TxDOT acts as pass through for the Municipal Utility Owner funds to the DB Contractor.
– Clearly outlined in the ILA
15
![Page 16: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/16.jpg)
DB Utility Agreements October 14, 2020
Interlocal Agreement - ILA
Will an ILA always be required when working with a Municipal Utility Owner?
– No, not always!
• 100% reimbursable and
• no elected betterments.
16
![Page 17: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/17.jpg)
DB Utility Agreements October 14, 2020
Interlocal Agreement – ILA – Best Practices
Development and coordination of an ILA should begin during pre-procurement.
The language should clearly outline timelines.
Understand risks.
Understand critical facilities and conflicts.
Consider how easements are acquired and replaced.
Include a clause for Haz-Mat handling.
17
![Page 18: Design-Build: Utility Agreements · 2020. 10. 14. · – Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation. 7. DB Utility Agreements](https://reader036.fdocuments.net/reader036/viewer/2022071409/610272183fbd204f0f21255f/html5/thumbnails/18.jpg)
DB Utility Agreements October 14, 2020
Questions?
18
Greg FaberProject Finance Debt and Strategic Contracts Management Division
(PFD-SCM)Cell: 512-987-0994