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Design-Build DATELINE
The Journal of the Design-Build Institute of America

January-February 2009

Opportunity Knocks

Country’s Infrastructure Needs Can Provide Opening for Design-Build

Design-Build Meets The Need

Sarah Chittenden, executive director of the Water Design-Build Council, spoke with Kathy Shandling and offered input on the top ways to facilitate more successful design-build procurement contracts. Design-build meets the following needs:

  1. The need to clearly define the scope of services and performance requirements that are being sought.
  2. The need to clearly define the anticipated and desired level of owner involvement and control of the project.
  3. The importance of pursuing in an upfront timely manner all work related to permitting, environmental impacts, and site investigations that are directly linked to the proposed water/wastewater infrastructure project.
  4. The importance of effectively defining the procurement schedule, selection criteria, and communications protocol.
  5. The importance of determining, upfront, whether the project should be a performance-based, prescriptive, or progressive design-build approach.
  6. The importance of seeking out advice from other project owners who have previously conducted design-build project procurements.
  7. The importance of establishing a draft contract that addresses and succinctly allocates the risks to the party that is best suited to control and/or absorb them. And the importance of allocating the risks fairly between the design-build team and the municipality/project owner.

Based on a client survey conducted by the Water Design-Build Council, the following tips can help water utility executives who are contemplating the use of the design-build project delivery method:

  • Ensure that the legislative authority to use the design-build project method is in place.
  • Use a qualifications-based selection process in order to obtain the best possible team.
  • Remain engage throughout the design-build project process — from start to finish.
  • Define the project scope prior to sending out any request for proposals so that the potential design-build teams bidding for the project have as much information as possible to best respond to a particular RFP.
  • Always make sure that the project delivery expectations are realistic and compatible to the capabilities of the sought after design-build team.

The Water Design-Build Council notes that it is critical to carefully listen to clients and keep an open mind.

It is also important to take the time and really learn about the prospective client.

Ultimately, the better a design-build team knows its client and understands how the client operates, the more smoothly the design-build project process will run.

— By Kathy Shandling


On the Fast Track

New Administration Can Help Advance Design-Build Water/Wastewater Projects

The president of the Water Design-Build Council (WDBC), Peter Tunnicliffe, scripted an open letter to President-elect Barack Obama that pledged the support of the council in helping the new president “address some of the most daunting economic and environmental issues ever faced by a new administration.”

According to the WDBC, among the core challenges, “few are more integral to the American way of life than the well-being and sustainability of our water and wastewater infrastructure.”

In supporting the allocation of stimulus funds to the water/wastewater infrastructure sector, the WDBC wants to encourage the incorporation of design-build in any part of the stimulus bill that will actually address the implementation of the infrastructure projects.

As outlined by the WDBC in the letter, the design-build delivery model can help effectively and efficiently achieve the president-elect’s infrastructure project objectives since it is an alternative project delivery method that can provide:

  • sustainable energy efficient water systems
  • accelerated capital spending to speed the creation of engineering and construction jobs
  • improved cost efficiency
  • faster infrastructure delivery

While most federal agencies and states already have some kind of existing legislation that addresses the design-build alternative project delivery contracting method, the WDBC believes that a preference for the design-build model should be officially outlined in the anticipated economic stimulus package “so that there is clear legislative authority to utilize funds to contract in this manner.”

Since its introduction as an alternative method of project delivery, acceptance of the design-build model has enjoyed growing role within the water/wastewater infrastructure sector.

However, Chuck Williams, senior vice president at AECOM Water, notes that the expanding use and success of the design-build model is closely linked to the presence of an engaged owner that knows what he wants.

Williams acknowledges that some organizations are still “more adept of doing design-build projects than others.” According to Williams, the design-build model can be faster, generate fewer disputes, deliver a better quality finished project, and is more innovative. By working together, design and construction can coordinate better and get a project underway faster.

What is critical for the continued future success of the design-build model is an improved permitting process that could be more responsive to the fast design-build approach.

“Permitting can become a bottleneck,” he says, and ultimately diminish some of the advantages associated with the design-build method (such as accelerated time delivery of a project).

He suggests that owners step up and work with the appropriate regulatory agencies during the design-build procurement process to ensure that all permitting is in place to coincide with the timing of the selection of the design-build team.

Eric Petersen, a senior partner at Hawkins Delafield & Wood also embraces the advantages of the design-build project delivery model.

He points out that no less than a 5 percent cost savings can be realized under the design-build model mainly as a result of an improved time delivery since the design-build model utilizes a concurrent project process rather than a sequential project process.

However, while the design-build approach is the prevailing project delivery method in the private sector, it can be constrained in the public sector by procurement laws, and by traditional practices and relationships.

He also suggests that municipalities need to learn to become more comfortable with the design-build model’s speed, cost, and efficiency attributes.

At the same time, the municipalities need to better realize that they are not relinquishing control of a project’s design requirements, construction quality, and/or performance standards.

Ultimately, the design-build alternative project delivery method will “get a shovel ready project moving forward a lot faster” — stimulating the economy more rapidly.

Before the greater water design-build community becomes overly excited at the prospect of funding allocated to the water/wastewater sector from the proposed economic stimulus package, it is worth noting that most of the identified “ready-to-go” shovel-ready projects have already been through the design process and are simply waiting for appropriate levels of funding sources to start the construction process.

— By Kathy Shandling

 

During the closing weeks of 2008, several incidents re-enforced the pressing need to address the country’s water and wastewater infrastructure system.

Within the North Texas Municipal Water District, an estimated 9 million gallons of untreated sewage leaked from a pipe into a creek that feeds Lewisville Lake. The lake, just minutes north of Dallas is a primary source of drinking water in North Texas. The spill had originated from a broken sewer line located under the Dallas North Tollway.

In Eastern Tennessee, a vast quantity of toxic coal sludge broke through an earthen retention wall at a Tennessee Valley Authority power plant and flowed into the Emory River, a tributary of the Tennessee River, which provides drinking water to millions. Federal data now showed that arsenic levels in the water are more than 100 times the acceptable level.

And in Montgomery County, Md., part of suburban Washington, D.C., a 66-inch water main burst just days before Christmas and sent a four-foot wall of water swirling down a busy roadway during the morning rush hour. It trapped people in their cars and prompted a number of helicopter rescues. Water service in the area was interrupted or water pressure significantly reduced. While Washington Suburban Sanitary Commission (WSSC) officials initially provided no direct cause, it was noted that the water system had more than 2,100 pipe breaks in 2007, with decades-old pipes worn down by acidic soils and groundwater. With 150,000 gallons of water a minute cascading down the road, elected officials in the area hope this will serve as a wake-up call for the incoming administration.

As part of their most recent national assessment of public water and wastewater systems, the Environmental Protection Agency noted that a combined investment of $479.3 billion is necessary over the next 20 years to address infrastructure needs.

The challenge now is getting design-build on the public’s radar for upcoming projects. While it can be difficult for those projects already moving forward, the potential for design-build — amid all the country’s need for high-quality, low-cost projects completed on or ahead of schedule — is perhaps better now than ever before.

During the first week of December 2008, President-elect Barack Obama met with members of the National Governors Association (NGA) in Philadelphia. Chaired by Pennsylvania Gov. Ed Rendell, the NGA asked for $136 billion for infrastructure projects deemed “ready to go.” The NGA project list includes water/wastewater and sewer systems as well as roads, bridges and school refurbishments.

Just one week after the NGA presentation, a group of U.S. mayors then appeared before Congress and requested $73 billion for numerous infrastructure projects, including water/wastewater and sewer systems.

Miami Mayor Manny Diaz, president of the U.S. Conference of Mayors, said an investment level of this proportion will “create 848,000 jobs” across 11,000 projects identified by mayors around the country as “shovel ready.”

For design-build, it’s getting some recognition — albeit guarded — by the conference.

One conference source who wished to remain anonymous said the design-build delivery method is supported by the conference “in addition to the traditional infrastructure development models,” as a very viable option for delivering these much needed infrastructure projects that cities are actively seeking.

Regardless, infrastructure needs are top priorities nationwide.

Trenton Mayor Doug Palmer, former head of the U.S. Conference of Mayors’ Water Council, said, “We don’t need a bailout; we are talking about a buildout,” to create jobs and better address the daily infrastructure services that in turn improve the quality and sustainability of everyday life. New York Mayor Michael Bloomberg re-enforced Palmer’s support for immediate infrastructure investment as well.

Many see large and small infrastructure projects across the country as a way to re-energize the economy and plan for a sustainable future.

In an early December interview, Obama promised to create the largest public works construction program since the inception of the interstate highway system a half a century ago. Along with remarks from senior Obama advisers, it appears public works infrastructure improvement is an Obama administration priority.

 But it is still not clear what the actual size of the new administration’s economic stimulus package will be, or how much will actually be allocated to infrastructure investment – particularly water/wastewater related funds.

The package, however, is slated for review just days after Obama’s inauguration. Already, word has leaked out from the House and the Senate that the package will most likely not be ready for review until late February or perhaps as late as early March. Meanwhile, many states cannot wait for the new administration and Congress to sort out its demanding list of priorities that are vying for attention from the anticipated stimulus package. Recognizing the dire straits associated with the various existing infrastructure challenges located around the country, billions of dollars worth of infrastructure initiatives appeared on state ballots on Nov. 4. In fact, according to the chief economist for the Associated General Contractors of America, the country probably reviewed more than $12 billion of proposed statewide and local infrastructure-related bond issues on Election Day.

Within many of these initiatives, however, notable water-related infrastructure projects could provide opportunities for the design-build community within many states.

In Pennsylvania, voters overwhelmingly approved a $400 million water bond to repair and upgrade water and sewer systems. The funds, in the form of grants, will assist sewage and water treatment plants through the state. Specifically, the funds will be used for the acquisition, construction, improvement, expansion and/or rehabilitation of drinking water systems and wastewater treatment systems. This funding will serve as a companion to funding that is available through the H2O PA program — an $800 million fund set up through legislation approved in July 2008 by Rendell to protect the state’s flood-prone communities, ensure safe clean drinking water and improve critical wastewater systems. Projects to be funded through H20 PA can include the construction, improvement, expansion or rehabilitation of all or part of a water supply, sewage disposal or storm water system owned and maintained by municipalities or municipal authorities. Effectively, the government and voters of Pennsylvania have given themselves $1.2 billion for the sole purpose of investing in the state’s water and sewer infrastructure system.

Minnesota residents approved the Clean Water, Land, and Legacy Amendment — recognized as the largest conservation ballot measure in U.S. history. It will essentially allocate $5.5 billion for land and water conservation, increasing the investment in clean water, natural areas and parks by about $220 million a year for the next 25 years. The core purpose of the amendment revolves around the protection of water quality.

This could be a particular benefit for design-build companies that specialize in water quality-related project initiatives.

Arkansas approved a measure that would allow up to $300 million in bonds to be issued for water projects around the state. The bond package would offer low interest loans and grants through the Arkansas Resources Commission for local governments who want to build water and sewer projects.

The City of Tempe, Ariz., approved $13.3 million for water and sewer improvements as well. The funds will cover the costs associated with the renovations of a water treatment plant, a wastewater treatment plant, and sewer line replacements. And in Columbia, Mo., voters approved a $38.9 million bond to upgrade water infrastructure. Specifically, the funds from the sale of Proposition 1 will be used to finance renovations and expansions to the city’s water system over the next six years.

Back at the national level, it’s a question of when the much talked about economic stimulus plan will see the light of day and how much of the package will be allocated to investment in “shovel ready” infrastructure projects versus other funding requests.

Disputes are already brewing in Congress over what constitutes spending earmarks for special projects the incoming president says he opposes. Speaker of the House Nancy Pelosi says, “Every dollar will have to be justified as to whether it is targeted to our economy.”

While it’s still too early to accurately predict how the country’s water/wastewater infrastructure will benefit from the stimulus package and how many “shovel ready” projects will be design-build, it’s one of the best chances for design-build to come along in decades.

Marlay Price, vice president of marketing at Gannett Fleming, says the effect of the design-build model “will be realized farther down the road beyond the 120-day time period” that is currently serving as a benchmark [for identifying shovel-ready projects] by the incoming administration.

He says the implementation of an economic stimulus package should “inspire a level of confidence that projects can be financed” and in turn “encourage utilities to review future potential design-build projects.” He also says that if structured correctly, including the “early involvement of equipment suppliers,” and if all “components are working together” a design-build model can successfully and effectively get future Obama-inspired water infrastructure projects rapidly underway, delivering end project results “under budget and on schedule.”

 


Kathy Shandling is executive director of the International Private Water Association: www.ipwa1.org.

 
 
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