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

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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)

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Includes the following contracting methods:

• Public Private Partnership (3P)
• Comprehensive Development Agreements (CDA)
• Concessionaire Agreements
• Mega/Large Projects
• Alternative Project Delivery System

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

Highways

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

Rail

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• 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

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• 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

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Recipient Responsibilities

• 1. May establish a goal if awarding

a “master contract”

• 2. Must maintain “oversight”
• 3. Ensure Activities conducted

consistent with Part 26

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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

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• 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

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• 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

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• 11. Project specific dedicated staff
• 12. Can’t advocate if you don’t know what’s going on
• r 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

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• 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

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• 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

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.”

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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

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All key staff members who are authorized to hire, supervise, promote and discharge employees,

• r 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.

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• 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
• f employees
• By means of meetings, employee handbooks
• r other means.

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• 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;

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• 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.

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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

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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

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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.

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The contractor shall not discriminate on the grounds of race, color, religion, sex, national

• rigin, age or disability in the selection
• f subcontractors, including procurement
• f materials and leases of equipment.
• Subcontractors will be notified of EEO
• bligations 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

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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

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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.

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• 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.

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• Employee Interviews
• Review EEO/Workforce Postings
• Segregated Facilities
• LEP Requirements

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• Copies of all current bargaining agreements;
• Copies of purchase orders and subcontracts

containing the EEO clause

• A list of recruitment sources available and utilized
• A statement of the status of any action pertaining

to employment practices taken by the Equal Employment Opportunity Commission (EEOC)

• r Federal, state, or local agency regarding

the contractor or any source of employees

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 Voluntary Corrective Action Plan;  Issue Show/Cause Notice;  Conduct mandatory meeting to discuss Corrective Action Plan;  Provide assistance and training;  Approve Acceptable CAPs;  Conduct follow-up review; and/or  Initiate Contract Sanctions.

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Advise that your agency will take the necessary administrative actions including the imposition of contract sanctions and appropriate legal proceedings under any applicable state and federal law to achieve DBE/EEO requirements.

Per 23 CFR Part 230.405 (b) FHWA 1273

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Making the difference every time,

• n every project.

Armand Resource Group, Inc.

Armand Resource Group, Inc.

121 Cedar Lane Teaneck, New Jersey 07666

Tel: 201-357-8725

Fax: 201-357-8727 www.argdiversity.com armandresourcegroup@msn.com

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