HomeMy WebLinkAbout2003-07-08 - Agendas - Final i '
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Special City Council Meeting
Final Agenda
July 8, 2003
A special meeting of the Fayetteville City Council called by the Mayor will be held on July 8,
2003 at 6:00 PM immediately following the Agenda Session in Room RCED 120 at the Sam
Walton College of Business, University of Arkansas, Fayetteville, Arkansas.
1 . Opening Remarks and Workshop Overview given by Mayor Dan Coody:
Workshop presentations and discussions are centered on the means and methods by
which the City of Fayetteville could use a design-build-operate project delivery method
for its $ 125 million wastewater improvement project. Discussions, case histories,
comparative analyses and other aspects of project delivery alternatives will be discussed.
2. Introduction To The Design-Build-Operate Project Delivery And Methodology:
Mr. James Binder, P.E. President of Alternative Resources will be speaking. A general
description of the alternative project delivery system including: (A) definition of the
alternative process, (B) comparison of design-build-operate (DBO) process to the
conventional design-bid-build (DBB) process, (C) description of current alternative
project delivery applications in the water and wastewater industry and (D) presentation of
comparative advantages and disadvantage of each process.
3. Legal Perspectives: Mr. Eric Peterson with Hawkins, Delafield & Wood will be
speaking. A primer on the legal and contractual issues associated with different project
delivery methods, including comparative risks, advantages and providers.
4. Alternative Project Delivery System Providers And Case Histories: Mr. Don Evans,
President of Operation Management International, Inc. Mr. Dave Butler, Former Mayor
of Atchison, Kansas, and Mr. Bill Rosenbaum, Vice President of Municipal Design/Build
Project Development will be speaking. Pat McManus, Former Mayor of Lynn,
Massachusetts will describe the City of Massachusetts' experience using design-build and
design-build-operate concepts to address various municipal projects over a period of 18-
years. The presentation will include an overview of the challenges that were addressed
relating to funding programs, sewer line construction and system repair issues.
5. Implementation Strategy Using A Design-Build-Operate Concept-Fayetteville,
Arkansas: Mr. James Binder, P.E. President of Alternative Resources will be speaking.
This discussion will be focused upon the Fayetteville Wastewater System Improvement
Project with specific responses to: (A) issues associated with implementing a DBO
procurement, (B) potentials for cost savings, (C) scheduling implications,(D)
coordination with the Revolving Loan Fund, (E) perception of EPA perspectives towards
DBO methodology, (F) description of a conceptual process for Fayetteville's project, (G)
predicted schedule using alternative project delivery method and (H) future actions
needed to evaluate alternative approach.
6. Question and Answer Period.
Meeting of July 8, 2003
Subject:
Motion By:
Seconded :
Motion To:
Lucas
Jordan
Reynolds
Thiel
Cook
Marr
Rhoads
Davis
Mayor Coody
Subject: ' Q
Motion By: nn
Seconded : 1 10 CQ�/TFf de
Motion To: �
Lucas
Jordan
Reynolds
Thiel
Cook
Marr
Rhoads
Davis
Mayor Coody —
Meeting of July 8, 2003 p n �7 /) / (�
Subject: AAOJJJ c, 4-oc `i- (3
Motion By:
Seconded :
Motion To:
Lucas
Jordan J
Reynolds
Thiel
Cook I/
Marr
Rhoads
Davis J
Mayor Coody --
Subject:
Motion By:
Seconded :
Motion To:
Lucas
Jordan
Reynolds
Thiel
Cook
Marr
Rhoads
Davis
Mayor Coody
.y
MEETING AGENDA
DESIGN-BUILD-OPERATE WORKSHOP
(Special Called City Council Meeting)
Fayetteville, Arkansas
July 8, 2003
WORKSHOP TIME AND DATE:
The Design-Build-Operate Workshop commences at 6:00 P.M. TUESDAY, July 8,
2003 (following an earlier City Council Agenda Session starting at 4:30 P.M.).
WORKSHOP LOCATION :
Sam M. Walton College of Business, University of Arkansas, Fayetteville, Arkansas-
Auditorium-Room RCED 120.
WORKSHOP OBJECTIVE :
Workshop presentations and discussions are centered on the means and methods by
which the City of Fayetteville could use a design-build-operate project delivery method
for its $ 125 million wastewater improvement project. Discussions, case histories,
comparative analyses and other aspects of project delivery alternatives will be discussed.
ANTICIPATED AUDIENCE:
Mayor and City Council of Fayetteville, Arkansas; Fayetteville City Administration;
Citizens of Fayetteville; State and Local Elected Officials; State and Local Organizations;
Members of Media; Arkansas Soil and Water Conservation Commission; Arkansas
Department of Environmental Quality; Arkansas Department of Health; Municipal
Consultants and Advisors
WORKSHOP AGENDA :
1 ) OPENING REMARKS AND WORKSHOP OVERVIEW (6:00-6: 10 PM)
Mayor Dan Coody
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
479-575-8330
mavorCo ci. favcttcville.ar.us
1
2) INTRODUCTION TO THE DESIGN-BUILD-OPERATE PROJECT
DELIVERY AND METHODOLOGY (6: 10-6:25 PM) \
Mr. James Binder, P.E., President Alternative Resources, Inc.
9 Pond Lane
Concord, MA 01742
978-371 -2054
ibinder(@alt-res.com
A general description of-the alternative project delivery system including: (A) definition
of the alternative process, (B) comparison of design-build-operate (DBO) process to the
conventional design-bid-build (DBB) process, (C) description of current alternative
project delivery applications in the water and wastewater industry and (D) presentation of
comparative advantages and disadvantage of each process.
3) LEGAL PERSPECTIVES (6:25-6:40 PM)
Mr. Eric Peterson Hawkins, Delafield & Wood
l ff a Attorneys and Counselors at Law
Q, A � p�j5� 67 Wall Street
New York, NY 1005 /
lb B � cnetersen(0dw.com
A primer on the legal and contractual issues associated with different project delivery
methods, including comparative risks, advantages and providers.
4) ALTERNATIVE PROJECT DELIVERY SYSTEM PROVIDERS AND
CASE HISTORIES:
A.1 Operations Management International, Inc. (6:40-6:55 PM)
Don Evans, President 9193 South Jamaica Street, Suite 400
Englewood, CO 80112
Devans2(a)ch2m.com
A.2 (Operations Management International Project) (6:55-7: 10 PM)
. (,&Dave Butler Former Mayor of Atchison, Kansas
. Butler will describe the City of Atchison, Kansas' experience using an alternative
project delivery method for the upgrading of the municipality's water supply system.
2
B. 1 U.S. Filter Engineering and Construction (7 : 10-7:25 PM)
Bill Rosenbaum, P.E. Vice President
Municipal Design/Build Project Development
L ( US Filter Engineering and Construction
Ql 90 u Airside Business Park
250 Airside Drive
Moon Township, 64 15108-2793
Direct: 412-809-6640
RosenbaumW(a,usfilter.com ✓
B.2 U S Filter Project Reference in LYNN, Massachusetts (7:25-7 :40 PM)
Pat McManus Former Mayor of Lynn, MS
Mr. McManus will describe the City of Lynn, Massachusetts' experience using design-
build and design-build-operate concepts to address various municipal projects over a
period of 18-years. The presentation will include an overview of the challenges that were
addressed relating to funding programs, sewer line construction and system repair issues.
5) BREAK (7 :40-7:55 PM)
6) IMPLEMENTATION STRATEGY USING A DESIGN-BUILD-OPERATE
CONCEPT-FAYETTEVILLE, ARKANSAS (7 : 55-8 : 10 PM)
Mr. James Binder, P.E. Alternative Resources, Inc.
9 Pond Lane
Concord, MA 01742
978-371 -2054
jbinderQalt-res.com
This discussion will be focused upon the Fayetteville Wastewater System Improvement
Project with specific responses to: (A) issues associated with implementing a DBO
procurement, (B) potentials for cost savings, (C) scheduling implications,(D)
coordination with the Revolving Loan Fund, (E) perception of EPA perspectives towards
DBO methodology, (F) description of a conceptual process for Fayetteville's project, (G)
predicted schedule using alternative project delivery method and (H) future actions
needed to evaluate alternative approach.
'n QUESTION AND ANSWER PERIOD (8 : 10-9:00 PM)
Mayor Dan Coody Moderator
* WORKSHOP CONCLUDES AT 9 : 00 P.M.
3
Greg Boettcher - 7-8-03 Biograghy for Fa Wville.doc Page 1
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Biography
James J . Binder, P . E .
Alternative Resources, In c,
9 Pond Lane
Concord, Massachusetts 01742
(978) 371 -2054
(978) 371 -7269
Mr. Binder is President of Alternative Resources, Inc. He is a graduate of
Northeastern University, Boston , Massachusetts where he received both BS
and MS degrees in Mechanical Engineering . He is a member of the Water
Environment Federation and the National Council for Public-Private
Partnerships. Mr. Binder is a registered professional engineer in eight states
and has some 29 years of consulting experience, the past 20 years of which
he has specialized in implementing DBO procurements for the management
of municipal solid waste, water, wastewater, and residuals. Examples of
recent water and wastewater DBO projects Mr. Binder has managed and/or
served as principal-in-charge include Stockton , California , Sioux City, Iowa,
Taunton , Gardner, and Plymouth , Massachusetts, Westerly and Smithfield ,
Rhode Island, Naugatuck, Connecticut, and Chester Borough , New Jersey.
H:\BOOOUIM BINDERY-8-03 Biography for Fayetteville.dw
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Eric S. Petersen
Law Partner
Hawkins, Delafield & Wood
Eric Petersen heads the ten-attorney Public Contracts Group at the
municipal law firm of Hawkins, Delafield & Wood in New York. He has, on
behalf of municipal government, been the lead negotiator in more than 100
public works contract procurements resulting in design, construction,
operation and management contracts with private service providers nationally
and internationally valued at several billion dollars . Mr. Petersen has
represented New York, San Diego, Massachusetts Water Resources Authority
(Boston) , Charlotte, Los Angeles, Halifax, San Juan , St. Louis, Narragansett
Bay Commission (Providence) , Montreal and Fresno, among numerous other
cities, countries, districts, authorities, states and sovereign governments in his
29-year legal practice, which has encompassed all forms of public-private
arrangements under which public works facilities are owned , built, operated
and financed . As special counsel, he was the chief architect of the
groundbreaking Cranston , Rhode Island wastewater project privatization and
related USEPA approvals in which a private company contracted for the design
and construction of tertiary treatment upgrades and for the long-term
operation, maintenance, repair and replacement of Cranston 's plant and sewer
system. In Seattle, Mr. Petersen authored the Tolt River design-build-operate
water treatment plant contract as special counsel to the City, the first
transaction of its kind in the water industry. He has also served as special
counsel to Stockton (CA) , Fulton County (GA) , Laredo (TX) , Puerto Rico
Aqueduct and Sewer Authority (PRASA) , Springfield (MA) , Sacramento (CA) ,
San Jose (CA) , Lynn (MA) , Naugatuck (CT) , Waterbury (CT) , Newport (RI) and
several other municipalities in successfully completed water and wastewater
project procurements . He currently represents Phoenix (AZ) , Spokane
County (WA) , Lawrence (MA) , San Diego County Water Authority (CA) and
Holyoke (MA) as special contract counsel on active water and wastewater
project procurements. Mr. Petersen is a co-founder of the U . S . Conference of
Mayors' Urban Water Council. He makes regular presentations at conferences
organized by the Council and by AWWA/ WEF (Joint Management Conference) ,
the Design/ Build Institute of America, the National Council for Public-Private
Partnerships, the International City Managers Association and other forums on
legal, environmental, tax and financing topics critical to the water and
wastewater industry, and has authorized numerous articles in the field .
339158. 1 001098 MSC
Don S. Evans
President and Chief Executive Officer,
Operations Management International Inc.
OM1
President, CH2M HILL Water Business Group
Profile
Don S. Evans has served as President and Chief Executive Officer of Operations
Management International, Inc. (OMI) since 1986. He also is President of CH2M HILL's
Water Business Group, having assumed that group's leadership in 1995.
Mr. Evans is a career employee at CH2M HILL, joining the firm in 1973. During his
career, he has been an executive, project manager, process engineer, and construction
services manager in the water, wastewater, and public works industry. He also has
considerable expertise in the wastewater collection field, including infiltration/inflow,
computer modeling, systems evaluation and rehabilitation, and capital improvements.
As president and chief executive officer of ONE, Mr. Evans manages 1,500 associates
who operate, maintain and manage more than 180 water, wastewater, solid waste, and
public works projects around the world. His dream has been to create an environment
where people cant wait to get to work in the morning. He has fulfilled that dream by
supporting OMI's unique commitment to quality and client service. OMI's operating
creed, Quality as a Business Strategy, helped OMI earn the 2000 Malcolm Baldrige
National Quality Award. OMI is one of only nine service companies to win the award,
and is the only water services firm ever to win the award.
As president of the CH2M HILL Water Business group Mr. Evans works with more than
1,000 people worldwide delivering engineering and consulting services to water
companies, utilities, governments and industries.
Mr. Evans holds bachelor's and master's degrees in civil engineering from Stanford
University, and a master of business administration degree from Stanford.
Ewm_Don
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OperatingUSFIlter
Company Profile
USFifter Operating Services, Inc. (USFOS) is a part of the United States Filter Corporation (USFifter), North
America's largest water company providing the most comprehensive water services for commercial,
industrial, municipal and residential customers. The company delivers cost-effective, reliable systems
guaranteed for quality, safety and compliance—providing water services to approximately 13.9 million
people in more than 600 communities, and hundreds of thousands of industries and businesses.
The Engineering News Record lists USFilter as Al among the Top 200 Environmental Firms in the
U.S.—a record that the company has held over the past three years.
Whether it's bottled water service for homes, sophisticated water treatment technologies for manufacturers,
centralized treatment and resource recovery, or the design, construction, operation and financing of entire
water and wastewater management systems, USFilter delivers cost-effective, reliable systems to meet our
customers requirements for quality, safety and environmental compliance.
Through the desigNbuildloperate (DBO) service delivery option, USFOS brings together these resources
and capabilities to deliver municipal clients a comprehensive approach that includes:
• Operations, Maintenance and Management (0&M). USFOS has more than 50 years of experience in
providing 0&M services to governmental and industrial clients throughout North America. Our fine currently
manages more than 550 municipal and industrial facilities, serving a client base of over 380 governmental and
industrial clients. USFOS' wastewater experience includes wastewater plants similar in size the City of
Fayetteville's Paul R. Noland Wastewater Treatment Facility. Examples of clients from surrounding stales
include Oklahoma City, OK, Bartlesville, OK, and New Orleans, LA.
• Engineering and Construction. USFifter Engineering and Construction (USFilter E&C) is the USFifter
company that delivers comprehensive engineering, construction management and related services. They
have over 90 years of experience in the design and construction of water and wastewater treatment facilities.
In that time, USFilter E&C has provided services for literally hundreds of governmental and industrial diem.
They are also leaders in implementing designlbuild and DBO solutions for new water and wastewater
treatment plants and the expansion of existing facilities.
• Technologies and Equipment One of the greatest strengths of USFOS is our ability to improve the quality of
life for the citizens of a community through application of a wide range of treatment technologies—from basic
to cutting-edge—all while improving health protection and the environment. As the manufacturer of virtually
every technology used to treat water and wastewater, USFilter company experts provide unmatched technical
support and know-how.
Today, USFilter is North America's largest water company providing the most comprehensive water
services and technology for commercial, industrial, municipal and residential water and wastewater
treatment customers.
Pro/sets
As highlighted above, the USFOS DBO project approach combines all the separate strengths of our
company, focusing them on meeting the complete needs of our clients. Over the past few years our
company has carried out a number of successful projects.
t77.
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Greg Boettcher - Worksho -Info-rev.doc
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USFilter Operating Services, Inc.
Some examples of projects include the following:
• Atlanta, GA - 20-year DBO project for the beneficial reuse and, management and biosolids from the City's
three wastewater treatment plants.
• Lynn, MA - Client since 1989 with multiple contracts for 0&M and design/build projects for the City's water,
wastewater and stormwater facilities and systems.
• Southern Water and Sewer District, Floyd County Southern Water, KY - 20-year contract including the DBO
project for 21 miles of new water line, three water tanks and three water pump stations.
• Tampa Bay Water - DBO for new regional 66-MGD water treatment plant.
• Taunton, MA - DBO project renovations at the 8.34-MGD wastewater plant for tertiary treatment.
• Washington Borough, NJ - 15-year contract including DBO contract for new 1 .2-MGD wastewater plant
• Woonsocket, RI - 20-year contract including DBO project for the upgrade/expansion of a 16-MGD secondary
wastewater treatment plant, including Biological Nutrient Removal.
Speakers
B/// Rosenbaum, P.E.
Mr. Rosenbaum is Vice President of Municipal Design/Build Project Development with USFilter E&C. He
has over 28 years experience in the development, design, construction and operation of water and
wastewater projects. Mr. Rosenbaum has managed groups responsible for detailed design, development
of remediation technologies, turnkey construction and operation. He currently manages the USFilter EX
group responsible for the delivery of design/build services, encompassing responsibility for concept
development, teaming arrangements, proposal phase design and pricing and sales support for all USFilter
municipal DBO proposals. This group also has process engineering responsibility from proposal phase
through startup of the completed project. Among other projects, Mr. Rosenbaum has been responsible for
the development of the Design/Build component of the following projects:
• Plymouth, MA - $23 million DBO project for a greenfield wastewater treatment facility
• Woonsocket, RI - $15 million DBO project for the upgrade and expansion of an existing wastewater treatment
facility
• Tampa Bay, FL - $88 million DBO project for a new regional surface water treatment facility
• Lynn, MA - $65 million design/build project for sewer separation for the elimination of combined sewer
overflows
• Atlanta, GA - $52 million DBO project to provide for biosolids beneficial use at the City's three largest
wastewater treatment plants
• Indianapolis, Indiana - $1 .5 billion project for management and operations of the City's water supply, including
$20 million in capital improvements annually to be completed using a design/build approach
Presentation Outline .
Mr. Rosenbaum's presentation will provide an explanation of why many cities have used the DBO concept
to carry out their projects. These reasons have typically included cost savings and the transfer of risk. The
savings have come from the designer, contractor and operator working together and using the total life
cycle cost to make decisions. The transfer of risk from a municipality to a private contractor has helped
cities achieve stable rates through fixed prices and operational performance guarantees of the new
(/SFi/IGef 2
Greg Boettcher - Worksho Info-rev.doc Pae 3
USFilter Operating Services, Inc.
facilities. The City of Fayetteville has discussed concerns about the use of State Revolving Loan funds, a
tight time-frame and questions regarding procurement. Mr. Rosenbaum's presentation will discuss
successful projects which have overcome all of these issues.
Example Project
The City of Lynn, Massachusetts, has contracted with USFilter companies under multiple contracts over
the past 18 years. These contracts have involved providing 0&M for the City's 15.3-MGD water treatment
plant, as well as their 25.8-MGD wastewater treatment plant. In 1990, USFOS oversaw a $53.8-million
upgrade to the City's secondary treatment at the wastewater plant. Between 1996 and 1998, USFOS also
oversaw $10 million in capital improvements at this same facility. . In addition, USFOS is currently
implementing $14 million in capital improvements for the wastewater facility under a three-year program,
using a designfbuild approach. The current capital improvements program at the City's wastewater
facilities are being implemented using State Revolving Fund funds for financing.
In December 2000, the City awarded USFilter E&C a contract to designlbuild a system to mitigate
combined sewer overflows (CSOs) in the City's sewer system. Valued at $48 million, this nine-year capital
improvement project is believed to be the nation's first CSO desigrdbuild project and, according to City
estimates, is expected to save in excess of approximately $300 million.
Pat McManna
Mr. Pat McManus is the former Mayor of Lynn, Massachusetts. During his tenure the City carried out
improvement projects to its water treatment plant, wastewater treatment plant and sewer collection system.
Pat is an attorney and provides consulting to companies and cities involved in public private partnerships.
Presentation Outline
Mayor McManus' presentation will cover the City of Lynn's experience in using the designtbuild and DBO
concepts for water and wastewater plants and sewer line projects. The City of Lynn overcame many of the
challenges that the City of Fayetteville is now experiencing using State Revolving Loan funds, and dealt
with sewer line construction and repair type of issues that now face your City.
"Ai{ter s
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NOTIFICATION LIST FOR DESIGN-BUILD-OPERATE WORKSHOP:
Mayor and City Council of Fayetteville, Arkansas
Fayetteville City Administration
Hugh Earnest
Steve Davis
Gary Dumas
Tim Conklin
Ray Boudreaux
Kit Williams
David Jurgens
Gary Coover
Peggy Vice
Coy Hurd
Chamber of Commerce-Mr. Bill Ramsey
Members of Media
Newspapers
Government Channel
City Web Site (?)
Engineering/Architectural Firms
U S Infrastructure
McClelland
Cromwell and Associates
Crafton Tull and Associates
Wastewater Project Consultants
Garver Engineers
McGoodwin, Williams and Yates
RJN Group
Black and Veatch
Burns and McDonnell
CH2M Hill
Environmental Consulting Operations
Financial Consultants
Dennis Hunt (Stephens, Inc.)
Arkansas Soil and Water Conservation Commission
Randy Young
Ron Hill
Scott Savoy
Mike Core
Arkansas Department of Environmental Quality
Mary Leath
Arkansas Department of Health
Robert Hart
Environmental Pollution Agency — Region 6
Richard Greene
Arkansas Municipal League
Don Zimmerman
Representatives of Arkansas Municipalities
Mayor of Springdale
Mayor of Eureka Springs-Kathy Harrison
Mayor of Springdale
Mayor of Rogers
Mayor of Bentonville
City of Silom Springs
Mayor of Farmington
Mayor of Greenland
Mayor of Goshen
Mayor of Elkins
Mayor of Johnson
Kent Myers of Hot Springs
City of Conway-Tab Townsend
Springdale Utilities-Rene Langston
Northwest Arkansas Regional Planning Commission
Jeff Hawkins
Uvalde Lindsey (Ozark International Consultants)
Senator Sue Madison (DBO Bill)
Steven Stewart (Congressman Boozman's Office)
Senator Blanche Lincoln' s Office
Senator Mark Pryor's Office
Washington County Judge
Jerry Hunton
John Gibson
Fayetteville Citizens on City Clerk's e-mail list
University of Arkansas
Leo Yanda
Findlay Edwards
Concerned Citizens
John Lewis
Curtis Shipley
Gary Head
Arkansas Highway and Transportation Department
Harold Beaver
Beaver Water District
Alan Fortenberry
Coleen Gaston
MEETING AGENDA
DESIGN-BUILD-OPERATE WORKSHOP
(Special Called City Council Meeting)
Fayetteville, Arkansas
July 8, 2003
t
WORKSHOP TIME AND DATE :
The Design-Build-Operate Workshop commences at 6:00 P.M. TUESDAY, July 8,
2003 (following an earlier City Council Agenda Session starting at 4:30 P.M.).
WORKSHOP LOCATION :
Sam M. Walton College of Business, University of Arkansas, Fayetteville, Arkansas-
Auditorium-Room RCED 120.
WORKSHOP OBJECTIVE :
Workshop presentations and discussions are centered on the means and methods by
which the City of Fayetteville could use a design-build-operate project delivery method
for its $ 125 million wastewater improvement project. Discussions, case histories,
comparative analyses and other aspects of project delivery alternatives will be discussed.
ANTICIPATED AUDIENCE:
Mayor and City Council of Fayetteville, Arkansas; Fayetteville City Administration;
Citizens of Fayetteville; State and Local Elected Officials; State and Local Organizations;
Members of Media; Arkansas Soil and Water Conservation Commission; Arkansas
Department of Environmental Quality; Arkansas Department of Health; Municipal
Consultants and Advisors
WORKSHOP AGENDA :
1) OPENING REMARKS AND WORKSHOP OVERVIEW (6:00-6: 10 PM)
Mayor Dan Coody
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
479-575-8330
mayor a(),,ci . favetteville.ar.us
1
v
2) INTRODUCTION TO THE DESIGN-BUILD-OPERATE PROJECT
DELIVERY AND METHODOLOGY (6: 10-6:25 PM)
Mr. James Binder, P.E., President Alternative Resources, Inc.
9 Pond Lane
Concord, MA 01742
978-371 -2054
ibinder ,alt-res.com
A general description of the alternative project delivery system including: (A) definition
of the alternative process, (B) comparison of design-build-operate (DBO) process to the
conventional design-bid-build (DBB) process, (C) description of current alternative
project delivery applications in the water and wastewater industry and (D) presentation of
comparative advantages and disadvantage of each process.
3) LEGAL PERSPECTIVES (6:25-6:40 PM)
Mr. Eric Peterson Hawkins, Delafield & Wood
Attorneys and Counselors at Law
67 Wall Street
New York, NY 1005
Vetersen(�hdw.com
A primer on the legal and contractual issues associated with different project delivery
methods, including comparative risks, advantages and providers.
4) ALTERNATIVE PROJECT DELIVERY SYSTEM PROVIDERS AND
CASE HISTORIES:
A.1 Operations Management International, Inc. (6:40-6:55 PM)
Don Evans, President 9193 South Jamaica Street, Suite 400
Englewood, CO 80112
Devans2Q,Ch2m.com
A.2 (Operations Management International Project) (6:55-7: 10 PM)
Dave Butler Former Mayor of Atchison, Kansas
Mr. Butler will describe the City of Atchison, Kansas' experience using an alternative
project delivery method for the upgrading of the municipality's water supply system.
2
B. 1 U.S. Filter Engineering and Construction (7 : 10-7 :25 PM)
Bill Rosenbaum, P.E. Vice President
Municipal Design/Build Project Development
US Filter Engineering and Construction
Airside Business Park
250 Airside Drive
Moon Township, PA 15108-2793
Direct: 412-809-6640
Rosenbaum W(d,us fi lter.com
B.2 U S Filter Project Reference in LYNN, Massachusetts (7:25-7:40 PM)
Pat McManus Former Mayor of Lynn, MS
Mr. McManus will describe the City of Lynn, Massachusetts' experience using design-
build and design-build-operate concepts to address various municipal projects over a
period of 18-years. .The presentation will include an overview of the challenges that were
addressed relating to funding programs, sewer line construction and system repair issues.
5) BREAK (7:40-7 :55 PM)
6) IMPLEMENTATION STRATEGY USING A DESIGN-BUILD-OPERATE
CONCEPT-FAYETTEVILLE, ARKANSAS (7 :55-8: 10 PM)
Mr. James Binder, P.E. Alternative Resources, Inc.
9 Pond Lane
Concord, MA 01742
978-371 -2054
jbinder(d)alt-res.com
This discussion will be focused upon the Fayetteville Wastewater System Improvement
Project with specific responses to: (A) issues associated with implementing a DBO
procurement, (B) potentials for cost savings, (C) scheduling implications,(D)
coordination with the Revolving Loan Fund, (E) perception of EPA perspectives towards
DBO methodology, (F) description of a conceptual process for Fayetteville's project, (G)
predicted schedule using alternative project delivery method and (H) future actions
needed to evaluate alternative approach.
'n QUESTION AND ANSWER PERIOD (8 : 10-9:00 PM)
Mayor Dan Coody Moderator
* WORKSHOP CONCLUDES AT 9 : 00 P.M.
3
Greg Boettcher - 7-8-03 Bio rahFa etteville.doc Pa e 1
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f
Biography
James J . Binder, P . E.
Alternative Resources, In c.
9 Pond Lane
Concord, Massachusetts 01742
(978) 371 -2054
(978) 371 -7269
Mr. Binder is President of Alternative Resources, Inc. He is a graduate of
Northeastern University, Boston , Massachusetts where he received both BS
and MS degrees in Mechanical Engineering . He is a member of the Water
Environment Federation and the National Council for Public-Private
Partnerships. Mr. Binder is a registered professional engineer in eight states
and has some 29 years of consulting experience, the past 20 years of which
he has specialized in implementing DBO procurements for the management
of municipal solid waste , water, wastewater, and residuals . Examples of
recent water and wastewater DBO projects Mr. Binder has managed and/or
served as principal-in-charge include Stockton , California, Sioux City, Iowa,
Taunton, Gardner, and Plymouth , Massachusetts, Westerly and Smithfield,
Rhode Island , Naugatuck, Connecticut, and Chester Borough , New Jersey.
HA9000UIM BINDERY-8-03 Biography for Fayetteville.doc
i
Eric S. Petersen
Law Partner
Hawkins, Delafield & Wood
Eric Petersen heads the ten-attorney Public Contracts Group at the
municipal law firm of Hawkins, Delafield & Wood in New York. He has, on
behalf of municipal government, been the lead negotiator in more than 100
public works contract procurements resulting in design, construction ,
operation and management contracts with private service providers nationally
and internationally valued at several billion dollars. Mr. Petersen has
represented New York, San Diego, Massachusetts Water Resources Authority
(Boston) , Charlotte, Los Angeles, Halifax, San Juan , St. Louis, Narragansett
Bay Commission (Providence) , Montreal and Fresno, among numerous other
cities, countries, districts, authorities, states and sovereign governments in his
29-year legal practice, which has encompassed all forms of public-private
arrangements under which public works facilities are owned, built, operated
and financed . As special counsel, he was the chief architect of the
groundbreaking Cranston, Rhode Island wastewater project privatization and
related USEPA approvals in which a private company contracted for the design
and construction of tertiary treatment upgrades and for the long-term
operation, maintenance, repair and replacement of Cranston 's plant and sewer
system. In Seattle, Mr. Petersen authored the Tolt River design-build-operate
water treatment plant contract as special counsel to the City, the first
transaction of its kind in the water industry. He has also served as special
counsel to Stockton (CA) , Fulton County (GA) , Laredo (TX) , Puerto Rico
Aqueduct and Sewer Authority (PRASA) , Springfield (MA) , Sacramento (CA) ,
San Jose (CA) , Lynn (MA) , Naugatuck (CT) , Waterbury (CT) , Newport (RI) and
several other municipalities in successfully completed water and wastewater
project procurements. He currently represents Phoenix (AZ) , Spokane
County (WA) , Lawrence (MA) , San Diego County Water Authority (CA) and
Holyoke (MA) as special contract counsel on active water and wastewater
project procurements. Mr. Petersen is a co-founder of the U . S. Conference of
Mayors' Urban Water Council . He makes regular presentations at conferences
organized by the Council and by AWWA / WEF (Joint Management Conference) ,
the Design / Build Institute of America, the National Council for Public-Private
Partnerships, the International City Managers Association and other forums on
legal, environmental, tax and financing topics critical to the water and
wastewater industry, and has authorized numerous articles in the field .
339158. 1 001098 MSC
Don S. Evans
President and Chief Executive Officer,
Operations Management International Inc.
OM1
President, CH2M HILL Water Business Group
Profile
Don S. Evans has served as President and Chief Executive Officer of Operations
Management Intemational, Inc. (OMI) since 1986. He also is President of CH2M HILL's
Water Business Group, having assumed that group's leadership in 1995.
Mr. Evans is a career employee at CH2M HILL, joining the firm in 1973. During his
career, he has been an executive, project manager, process engineer, and construction
services manager in the water, wastewater and public works industry. He also has
considerable expertise in the wastewater collection field, including infiltration/inflow,
computer modeling, systems evaluation and rehabilitation, and capital improvements.
As president and chief executive officer of OMI, Mr. Evans manages 1,500 associates
who operate, maintain and manage more than 180 water, wastewater, solid waste, and
public works projects around the world. His dream has been to create an environment
where people cant wait to get to work in the morning. He has fulfilled that dream by
supporting OMI's unique commitment to quality and client service. OMI's operating
creed, Quality as a Business Strategy, helped OMI earn the 2000 Malcolm Baldrige
National Quality Award. OMI is one of only nine service companies to win the award,
and is the only water services firm ever to win the award.
As president of the CH2M HILL Water Business group Mr. Evans works with more than
1,000 people worldwide delivering engineering and consulting services to water
companies, utilities, governments and industries.
Mr. Evans holds bachelor's and masters degrees in civil engineering from Stanford
University, and a master of business administration degree from Stanford.
Hens Don
Rev. 07N3M
J'Greg Boettcher - Worksho Info-rev.doc Pa e 1
OperatingUSFilter
Company Profile
USFifter Operating Services, Inc. (USFOS) is a part of the United States Fitter Corporation (USFifter), North
America's largest water company providing the most comprehensive water services for commercial,
industrial, municipal and residential customers. The company delivers cost-effective, reliable systems
guaranteed for quality, safety and compliance—providing water services to approximately 13.9 million
people in more than 600 communities, and hundreds of thousands of industries and businesses.
The Engineering News Record lists USFifter as #1 among the Top 200 Environmental Finns in the
U.S.—a record that the company has held over the past three years.
Whether it's bottled water service for homes, sophisticated water treatment technologies for manufacturers,
centralized treatment and resource recovery, or the design, construction, operation and financing of entire
water and wastewater management systems, USFifter delivers cost-effective, reliable systems to meet our
customers requirements for quality, safety and environmental compliance.
Through the design/build/operate (DBO) service delivery option, USFOS brings together these resources
and capabilities to deliver municipal clients a comprehensive approach that includes:
• Operations, Maintenance and Management (O&M). USFOS has more than 50 years of experience in
providing 0&M services to governmental and industrial clients throughout North America. Our fine currently
manages more than 550 municipal and industrial facilities, serving a dient base of over 380 governmental and
industrial clients. USFOS' wastewater experience includes wastewater plants similar in size the City of
Fayetteville's Paul R. Noland Wastewater Treatment Facility. Examples of clients from surrounding states
include Oklahoma City, OK, Bartlesville, OK, and New Orleans, LA.
• Engineering and Construction. USFilter Engineering and Construction (USFilter E&C) is the USFilter
company that delivers comprehensive engineering, construction management and related services. They
have over 90 years of experience in the design and construction of water and wastewater treatment facilities.
In that time, USFifter E&C has provided services for literally hundreds of govemmental and industrial dient.
They are also leaders in implementing design/build and DBO solutions for new water and wastewater
treatment plants and the expansion of existing facilities.
• Technologies and Equipment. One of the greatest strengths of USFOS is our ability to improve the quality of
life for the citizens of a community through application of a wide range of treatment technologies—from basic
to cutlingedge—all while improving health protection and the environment. As the manufacturer of virtually
every technology used to treat water and wastewater, USFilter company experts provide unmatched technical
support and know-how.
Today, USFilter is North America's largest water company providing the most comprehensive water
services and technology for commercial, industrial, municipal and residential water and wastewater
treatment customers.
Projects
As highlighted above, the USFOS DBO project approach combines all the separate strengths of our
company, focusing them on meeting the complete needs of our clients. Over the past few years our
company has carried out a number of successful projects.
-raga
-'lie's ' .
Greg Boettcher - Worksho -Info-r WMC
Page 2
USFilter Operating services, Inc.
Some examples of projects include the following:
• Atlanta, GA — 20-year DBO project for the beneficial reuse and management and biosolids from the City's
three wastewater treatment plants.
• Lynn, MA — Client since 1989 with multiple contracts for 0&M and design/build projects for the City's water,
wastewater and stormwater facilities and systems.
• Southern Water and Sewer District, Floyd County Southern Water, KY — 20-year contract including the DBO
project for 21 miles of new water line, three water tanks and three water pump stations.
• Tampa Bay Water — DBO for new regional 66-MGD water treatment plant.
• Taunton, MA — DBO project renovations at the 8.34-MGD wastewater plant for tertiary treatment.
• Washington Borough, NJ — 15-year contract including DBO contract for new 1 .2-MGD wastewater plant.
• Woonsocket, RI — 20-year contract including DBO project for the upgrade/expansion of a 16-MGD secondary
wastewater treatment plant, including Biological Nutrient Removal.
Speakers
B/// Rosenbaum, P.E.
Mr. Rosenbaum is Vice President of Municipal Design/Build Project Development with USFilter E&C. He
has over 28 years experience in the development, design, construction and operation of water and
wastewater projects. Mr. Rosenbaum has managed groups responsible for detailed design, development
of remediation technologies, turnkey construction and operation. He currently manages the USFilter E&C
group responsible for the delivery of design/build services, encompassing responsibility for concept
development, teaming arrangements, proposal phase design and pricing and sales support for all USFilter
municipal DBO proposals. This group also has process engineering responsibility from proposal phase
through startup of the completed project. Among other projects, Mr. Rosenbaum has been responsible for
the development of the Design/Build component of the following projects:
• Plymouth, MA - $23 million DBO project for a greenfield wastewater treatment facility
• Woonsocket, RI — $15 million DBO project for the upgrade and expansion of an existing wastewater treatment
facility
• Tampa Bay, FL — $88 million DBO project for a new regional surface water treatment facility
• Lynn, MA — $65 million design/build project for sewer separation for the elimination of combined sewer
overflows
• Atlanta, GA — $52 million DBO project to provide for biosolids beneficial use at the City's three largest
wastewater treatment plants
• Indianapolis, Indiana — $1 .5 billion project for management and operations of the City's water supply, including
$20 million in capital improvements annually to be completed using a design/build approach
Presentation Outline
Mr. Rosenbaum's presentation will provide an explanation of why many cities have used the DBO concept
to carry out their projects. These reasons have typically included cost savings and the transfer of risk. The
savings have come from the designer, contractor and operator working together and using the total life
cycle cost to make decisions. The transfer of risk from a municipality to a private contractor has helped
cities achieve stable rates through fixed prices and operational performance guarantees of the new
USFi/Fer
2
[Greg Boettcher - Worksho Info-rev.doc Albk Pa e 3
USFilter Operating services, Inc.
facilities. The City of Fayetteville has discussed concerns about the use of State Revolving Loan funds, a
tight time-frame and questions regarding procurement. Mr. Rosenbaum's presentation will discuss
successful projects which have overcome all of these issues.
Example Project
The City of Lynn, Massachusetts, has contracted with USFilter companies under multiple contracts over
the past 18 years. These contracts have involved providing 08M for the City's 15.3-MGD water treatment
plant, as well as their 25.8-MGD wastewater treatment plant. In 1990, USFOS oversaw a $53.8-million
upgrade to the City's secondary treatment at the wastewater plant. Between 1996 and 1998, USFOS also
oversaw $10 million in capital improvements at this same facility. In addition, USFOS is currently
implementing $14 million in capital improvements for the wastewater facility under a three-year program,
using a design/build approach. The current capital improvements program at the City's wastewater
facilities are being implemented using State Revolving Fund funds for financing.
In December 2000, the City awarded USFilter E&C a contract to design/build a system to mitigate
combined sewer overflows (CSOs) in the City's sewer system. Valued at $48 million, this nine-year capital
improvement project is believed to be the nation's first CSO designlbuild project and, according to City
estimates, is expected to save in excess of approximately $300 million.
Pat McManus:
Mr. Pat McManus is the former Mayor of Lynn, Massachusetts. During his tenure the City carried out
improvement projects to its water treatment plant, wastewater treatment plant and sewer collection system.
Pat is an attorney and provides consulting to companies and cities involved in public private partnerships.
Presentation Outline
Mayor McManus' presentation will cover the City of Lynn's experience in using the design/build and DBO
concepts for water and wastewater plants and sewer line projects. The City of Lynn overcame many of the
challenges that the City of Fayetteville is now experiencing using State Revolving Loan funds, and dealt
with sewer line construction and repair type of issues that now face your City.
(/SFilIGe� 3
• e
NOTIFICATION LIST FOR DESIGN-BUILD-OPERATE WORKSHOP:
Mayor and City Council of Fayetteville, Arkansas
Fayetteville City Administration
Hugh Earnest
Steve Davis
Gary Dumas
Tim Conklin
Ray Boudreaux
Kit Williams
David Jurgens
Gary Coover
Peggy Vice
Coy Hurd
Chamber of Commerce-Mr. Bill Ramsey
Members of Media
Newspapers
Government Channel
City Web Site (?)
Engineering/Architectural Firms
U S Infrastructure
McClelland
Cromwell and Associates
Crafton Tull and Associates
Wastewater Project Consultants
Garver Engineers
McGoodwin, Williams and Yates
RJN Group
Black and Veatch
Burns and McDonnell
CH2M Hill
Environmental Consulting Operations
Financial Consultants
Dennis Hunt (Stephens, Inc.)
Arkansas Soil and Water Conservation Commission
Randy Young
Ron Hill
Scott Savoy
Mike Core
Arkansas Department of Environmental Quality
Mary Leath
Arkansas Department of Health
Robert Hart
Environmental Pollution Agency — Region 6
Richard Greene
Arkansas Municipal League
Don Zimmerman
Representatives of Arkansas Municipalities
Mayor of Springdale
Mayor of Eureka Springs-Kathy Harrison
Mayor of Springdale
Mayor of Rogers
Mayor of Bentonville
City of Silom Springs
Mayor of Farmington
Mayor of Greenland
Mayor of Goshen
Mayor of Elkins
Mayor of Johnson
Kent Myers of Hot Springs
City of Conway-Tab Townsend
Springdale Utilities-Rene Langston
Northwest Arkansas Regional Planning Commission
Jeff Hawkins
Uvalde Lindsey (Ozark International Consultants)
Senator Sue Madison (DBO Bill)
Steven Stewart (Congressman Boozman's Office)
Senator Blanche Lincoln's Office
Senator Mark Pryor's Office
Washington County Judge
Jerry Hunton
John Gibson
Fayetteville Citizens on City Clerk's e-mail list
University of Arkansas
Leo Yanda
Findlay Edwards
Concerned Citizens
John Lewis
Curtis Shipley
Gary Head
Arkansas Highway and Transportation Department
Harold Beaver
Beaver Water District
Alan Fortenberry
Coleen Gaston
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WHAT ARE THE Cost Savings Designandcon- Early Knowledge of
BENEFITS OF strction personnel, working and commu- F I r m C a s t s Guaranteed can-
DESIGN- B u 1 LD ? nicating as o team, evaluate alternative strction costs are known far earlier than
materials and methods efficiently and in other delivery systems. The entity
The beneffs to be gained in accurately. Value engineering and con- responsible for design is simultaneously
eablis
st; hing a wet ksigned and structobbiliy are ut Is cont nuously amend estimating construction costs and can
linc
managed Design Bulb! process g'91 q
w more effectively when the designers and accurately conceptualize the completed
luds Mss following contrasRr� works one Kproject. Staged contracting for design-
f•a a l a r e s p o s 1 6 1 f i l y entiret'da'siGn process. build services alfords the Owner one or
With both design and construction in the more 'go, no-go' decision points during
hands of a single entity, there is o single y I m e S a r 1 a g s Because design design. The decision to proceed with the
point of responsibility for quality, cost and and construction are overlapped, and project is made before substantial design
schedule adherence. The design-builder is because bidding periods and redesign expenditure and with firm knowledge of
motivated to def ver a successful project by are eliminated, total design and construe- the final cost.
fulfilling multiple parallel objectives, inclu d- tion time can be significantly reduced.
ing aesthetic and functional quality, bud- Design-build is ideal for the application of I m p r o red Risk
get, and schedule For finely completion. 'Fast Track' construction techniques. M a n a g e m e n t Performance
With design-build, the owner is oble to With design-build, materials/equipment aspects of cost, schedule and quality are
focus on scope/needs definition and timely procurement and construction work con dearly defined and responsibilitiesMsks
decision-making, rather than on 000rdina- begin before the construction documents are appropriately balanced (individual
tion between designer and builder. ore fully completed. The resulting time risks are managed by the parry best posi-
savings translates into lower cosh and tinned to manage that risk). Changek'
0 o a 11 f y The singularized responsi- earlier utilization of the completed facility. orders due to 'errors and omissions are
bility inherent in design-build serves as a virtually eliminated, because the design-
motivation for quality and proper project Potential for Reduced builder has responsibility for developing
performance. The Owner's requirements A d m I a I s t r a t I v e R o r d e a drawings and specifications as well as
and expectations are documented in per- During procurement, the potential exist constructing a fully-functioning facility.
formance terns and it is the design-!wild for design-build to reduce the Owner's
entity's responsibility to produce results administrative burden; however, prepar-
occordingly. The Design-Builder warronh ing RFPs and conducting evaluations can
to the Owner that it will produce design be resource intensive during the early
documents that are complete and free learning curve. During actual design and
from eror. (By contrast, with 'traditional' construction, the Owner is not required to
design-bid-build, the Owner warrants to invest time and money coordinating and
the Contractor that the drawings and arbitrating between separate design and
specificotions are complete and free from construction contracts, but rather is able
error. Because it is the Owner's warranty to focus on timely decision making.
for the design documents under design-
bid-build, the traditional approach relies
on restrictive contract language, audit
and inspection and occasionally, the legal
system, to ensure final project quality.)
—1 I
. r
DEFINING In its recent study on design-build, • Owner-driven demands for better
DESIGN- Bu I LD the American Society of Civil Engineers quality and continuous improvement
PROJECT DELIVERY maintains that 'Design-build has been , in project delivery and in the final
used successfully on complex power plant product;
Design-Build is a method of project deliv- and chemical process facilities and on Interest in saving time and money,
ery in which one entity (design-builder) simple straightforward office buildings such as through a process wherein
Forges a single contract with the owner to and family housing. In fad,' claims the cotshuctobility is a key concern from
provide for architectural/engineering ASCE report, 'There is no reason that the outset;
design services and construction services. design-build cannot be used on most Desire to avoid the legal entangle-
(Design-build is also known as types of construction projects, including menu of adversarial relationships;
design/conshud and single source traditional civil infrastructure projects.' Need to realign the responsibilities
responsibility.) AIA, ASCE and others cite a number and risks on a project, by dividing
By contrast, with the 'troditionol' of reasons why owners and the A/E-con- responsibilifies/risks according to the
design-bid-build approach, the Owner struction community are considering party most capable of managing
commissions an architect or engineer to design-build. Primary among these are: tease risks; t
prepare drawings and specifications 0 Response to the restructuring of
under a design contract, and subsequently American business and the increased
selects a construction contractor by corn- influence of global markets/foreign
petitive bidding (or negotiation) to build
competition.
facility urider'Ta tonstr"7i coon conh��od.
When di uirg rtrerih ofsorojectN G s inhodsxiay Design-Build Institute of
def methods, d is mportant told���is�tin- m (DBIA) publicot on is designed to
Buis tween hue delivery systems or d give the reader an oven ew of the process
other contract-related activities, trends and some of the practical reasons behind
and philosophies. For example, design- design-build's increasing popularity.
build, design-bid-build and construction
management are the three project cWiv-
ery systems most commonly employed in
North Americo. Partnertheycang and total
beexcel-
xcl - ' Classical ' Project Delivery ' Trodltloaol ' Project Delivery
qual-
ity management (while they can be excel-
lent tools when appropriately applied) are (DesigmBuil:6 warnonts to Owner 4xe design (Clever vq m a Conboder Oxe design
cicx is ore mmpkre and Irw Pram error) docvmenn are oorrrpbte and free tram error)
not project delivery systems. '
During the past decode, the use of
and interest in design-build in the
United States has greatly accelerated, r
con"d Coo
making this delivery method one of the m Preis ix
6rrn qqq mrn . .
most significant trends in the design and controct Cost sm wsrio r Specs
construction industry. According to the s j
American Institute of Architects Practice
NegMioted
Memo, 'Design-Build is attracting o lot of selecton s Contract Cass Sub a non ods
attention, because owners, including gov- Deeign euiW Competitive A tonra
emment agencies, are Finding it attractive Sskcio
[for] complex and unusual projects, Design-Build
because it...eliminates some of the major Design-Sid- Canhuct Cost
seams in getting a project built.' Build Fee-Type -
COIIetrlKttOe
Morrogement
CAVEATS : WHAT Availability of Design WHO USES
SHOULD THE OWNER Liability Insurance DESIGN-BUILD ?
WATCH OUT FOR ? aad / or Porlarm anco
and Payment l o o d r Design-build is the project delivery system
Comp 1 o s i t y of The Certain insurance carriers and bond of choice on more than 50 percent of the
P r o t o r s Design-build project deliv- sureties may not be familiar with design- non-residential construction projects in the
ery requires careful planning and profes- build. This con lead to some hesitation European Community and is used on
sional execution to be successful. The about providing these services on design- more than 70 percent of the non-residen-
Owner should choose a design-build build contracts. The parties to o design- tial projects in Japan, according to recent
process variation based on factors such build contract need to make sure that industry publications.
as the project's complexity, funding, adequate coverage exists in both the pro- In the United Stories, the private sec-
design intent, responsibility/risk allocation fessional liability and surety arenas. toes use of design-build has been
and other important issues. For owners increasing in frequency and application
who do not have in-house personnel with during the past thirty years. Design-build
expertise in preparing and administering is being used in a wide array of commer- 1
design-build requests for proposals (RFPs) cial and institutional applications including
and contracts, an owner's design-build hospitals, educational facilities, office
consultant (sometimes called design crite- buildings, retail centers and hotels. Design-
ria professionals) may be retained to pre- build has also been used for decades in
Pore scope it 6hiit onlaid RFP dotasments, the industrial and power sectors.
j ond.to provide Mclirltii�oonal consulting In the U.S. public sector, the federal
services as need. . �. gwemment, many stales and tocol gov-
1 emments employ design-build contracting
C b a I I e a g o l a for a significant percentage of their build-
C a a v o r t l a g 0 w a o r ing programs. In the seven years from
N o o d r t o P it r f a r as a a t o - 1986 to 1992, total use of design-build
R a s o d L a o It a a g o Preparing a in the public and private sectors grew
statement of facility requirements (some- 172%, from S18 billion to 349 billion
times called the design criteria package) (Engineering News-Record 1993 Report).
that is comprehensive enough to assure
compliance by the offerors, but avoids
overly restrictive requirements or details 7*71
that would inhibit creative solutions, is the
v
most challenging aspect of preparing a !�
design-build RFP. When facility require-
ments
equire ments are stated in performance terms
and related to recognized industry stan-
dards, the approach not only provides
flexibility to the offerors in meeting the
desired objectives, but it fixes responsibili-
ty upon the design-builder in clearly
understood performance terms.