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Project Review Committee Refresher/Orientation Presentation July 28, 2011

Project Review Committee Refresher/Orientation Presentation July 28, 2011. Agenda. Why CPARB and PRC were formed – Phil Lovell Role of CPARB and PRC – Eric Smith Evaluation Criteria Review GC/CM Certification/Re-certification – Linneth Riley-Hall

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Project Review Committee Refresher/Orientation Presentation July 28, 2011

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  1. Project Review CommitteeRefresher/Orientation PresentationJuly 28, 2011 PRC Orientation/Refresher Meeting July 28, 2011

  2. Agenda • Why CPARB and PRC were formed – Phil Lovell • Role of CPARB and PRC – Eric Smith • Evaluation Criteria Review • GC/CM Certification/Re-certification – Linneth Riley-Hall • Design Build Certification/Re-certification – Penny Koal • GC/CM Project Application – Rick Benner • Design Build Project Application – Tom Peterson • Appeal Process – Tom Peterson • Assignment of Panels – Tom Peterson • Role of PRC Chairs/Conducting a Hearing – Rodger Benson • Appropriate/Inappropriate Areas for Questions – Tom Peterson PRC Orientation/Refresher Meeting July 28, 2011

  3. Agenda • Why CPARB and PRC were formed – Phil Lovell • Role of CPARB and PRC – Eric Smith • Evaluation Criteria Review • GC/CM Certification/Re-certification – Linneth Riley-Hall • Design Build Certification/Re-certification – Penny Koal • GC/CM Project Application – Rick Benner • Design Build Project Application – Tom Peterson • Appeal Process – Tom Peterson • Assignment of Panels – Tom Peterson • Role of PRC Chairs/Conducting a Hearing – Rodger Benson • Appropriate/Inappropriate Areas for Questions – Tom Peterson PRC Orientation/Refresher Meeting July 28, 2011

  4. Alternative Public Works Delivery Rationale Primarily: • Increase Flexibility In Procurement • Improve Project Delivery/Process Expediency • Retain Public Confidence In Contracting Secondarily: • Achieve Greater Predictability In Project(s) • Outcome (Cost, Quality, Schedule) • Reduce Litigious Outgrowth From Projects PRC Orientation/Refresher Meeting July 28, 2011

  5. RCW 39.10 Enabling Legislation- History • 1991- HSB 1777- enabled 2 pilot Department Of Corrections (DOC) projects under a DOC/General Administration (GA) Project “TEAM” utilizing GC/CM methodology • 1994- Codified RCW 39.10 [the “1994 Act”] • Added Design/Build as alternative project delivery method • Increased Public Agency eligibility list • 1997- Added/modified certain provisions and sunset of 2007 • 2003- Job Order Contracting added • 2007- Current statute with sunset of 2013 • 2009- Added ECCM/MCCM provisions PRC Orientation/Refresher Meeting July 28, 2011

  6. RCW 39.10- Alternative Public Works Oversight (Stepped progressively with legislative actions) • 1995- Alternative Public Works Methods Oversight Committee (APWMOC): primarily user agencies with industry hearing/input activity and legislative staff work • 2003- APWMOC terminated • 2005- Capital Projects Advisory Review Board (CPARB) established and work on 39.10 continues • 2007- Project Review Committee [PRC] established to review agency project and certification applications PRC Orientation/Refresher Meeting July 28, 2011

  7. CPARB Overview MISSION: • Determine feasible and effective uses of alternative contracting procedures • Qualification standards for contractors bidding on alternative public works (APW) • Evaluate expansion, continuation, elimination or modification of APW contracting methods. • Evaluate potential use of other alternative contracting methods PRC Orientation/Refresher Meeting July 28, 2011

  8. CPARB Overview MEMBERSHIP: • Public Owners • Architects and Engineers • Contractors • Subcontractors • Labor • MWBE • Surety • Legislative member representation PRC Orientation/Refresher Meeting July 28, 2011

  9. Questions? PRC Orientation/Refresher Meeting July 28, 2011

  10. Agenda • Why CPARB and PRC were formed – Phil Lovell • Role of CPARB and PRC – Eric Smith • Evaluation Criteria Review • GC/CM Certification/Re-certification – Linneth Riley-Hall • Design Build Certification/Re-certification – Penny Koal • GC/CM Project Application – Rick Benner • Design Build Project Application – Tom Peterson • Appeal Process – Tom Peterson • Assignment of Panels – Tom Peterson • Role of PRC Chairs/Conducting a Hearing – Rodger Benson • Appropriate/Inappropriate Areas for Questions – Tom Peterson PRC Orientation/Refresher Meeting July 28, 2011

  11. CPARB DutiesRCW 39.10.230 • Policy recommendations to legislature • Enhance quality, efficiency, accountability • Expansion, continuation, elimination, modification of alternative Public Works methods • Appoint members of the PRC • Develop and administer data collection PRC Orientation/Refresher Meeting July 28, 2011

  12. PRC DutiesRCW 39.10.250 • Certify or recertify public bodies to use D-B, GC/CM or both • For non-certified public bodies, review and approve use of D-B or GC/CM on projects PRC Orientation/Refresher Meeting July 28, 2011

  13. Certification of Public BodiesRCW 39.10.270 • PRC shall determine that the public body: • Has the necessary experience and qualifications to determine which projects are appropriate for alternative contracting procedures; and • Has the necessary experience and qualifications to carry out the alternative contracting procedure; and • Has resolved audit findings PRC Orientation/Refresher Meeting July 28, 2011

  14. Project Approval ProcessRCW 39.10.280 • PRC shall determine that: • Alternative procedure will provide a substantial fiscal benefit or D-B-B is not practical for quality or schedule needs; and • Project meets requirements for using alternative contracting procedure per 39.10.300 (D-B) or 39.10.340 (GC/CM); and • Public body has the necessary experience or qualified team to carry out the procedure; and • Public body has resolved audit findings PRC Orientation/Refresher Meeting July 28, 2011

  15. What PRC Members Need to Know • A knowledgeable review by the PRC in accordance with RCW 39.10 is of critical importance to public bodies • What constitutes an experienced public body or a qualified project team • Especially knowledge of RCW 39.10 processes • Criteria for determining if a project qualifies • RCW 39.10.300 for Design-Build • RCW 39.10.340 for GC/CM PRC Orientation/Refresher Meeting July 28, 2011

  16. Panel Members Responsibilities • The panel member shall Individually read the applicant’s Application for Project Approval • Develop any clarifying questions and submit them to the panel chair, within the time frame noted in the email from Robyn Hofstad • Participate on the panel • During the Q&A session ask succinct questions, do not pontificate • During the panel deliberations do not ask any more questions of the applicant and direct your discussion to your fellow panelists • Complete the Application Evaluation Sheet PRC Orientation/Refresher Meeting July 28, 2011

  17. Questions? PRC Orientation/Refresher Meeting July 28, 2011

  18. Agenda • Why CPARB and PRC were formed – Phil Lovell • Role of CPARB and PRC – Eric Smith • Evaluation Criteria Review • GC/CM Certification/Re-certification – Linneth Riley-Hall • Design Build Certification/Re-certification – Penny Koal • GC/CM Project Application – Rick Benner • Design Build Project Application – Tom Peterson • Appeal Process – Tom Peterson • Assignment of Panels – Tom Peterson • Role of PRC Chairs/Conducting a Hearing – Rodger Benson • Appropriate/Inappropriate Areas for Questions – Tom Peterson PRC Orientation/Refresher Meeting July 28, 2011

  19. Certifying Agencies for GC/CM • RCW 39.10.270 Project review committee — Certification of public bodies. • A public body may apply for certification to use the design-build or general contractor/construction manager contracting procedure, or both. Once certified, a public body may use the contracting procedure for which it is certified on individual projects with a total project cost over ten million dollars without seeking committee approval. The certification period is three years. • A public body seeking certification for the general contractor/construction manager procedure must demonstrate successful management of at least one general contractor/construction manager project within the previous five years. PRC Orientation/Refresher Meeting July 28, 2011

  20. (3) To certify a public body, the committee shall determine that the public body: (a) Has the necessary experience and qualifications to determine which projects are appropriate for using alternative contracting procedures; (b) Has the necessary experience and qualifications to carry out the alternative contracting procedure including, but not limited to: • Project delivery knowledge and experience; • personnel with appropriate construction experience; • a management plan and rationale for its alternative public works projects; • demonstrated success in managing public works projects; • the ability to properly manage its capital facilities plan including, but not limited to, appropriate project planning and budgeting experience; and • the ability to meet requirements of this chapter; and (c) Has resolved any audit findings on previous public works projects in a manner satisfactory to the committee. PRC Orientation/Refresher Meeting July 28, 2011

  21. GC/CM CertificationsTo date • Washington State University (7/26/07) • City of Seattle (1/23/08) • University of Washington (7/26/07) • City of Tacoma (2/26/2009) PRC Orientation/Refresher Meeting July 28, 2011

  22. Re-certification Why Recertify? PRC Orientation/Refresher Meeting July 28, 2011

  23. Re-certification Requirements • Application must be received at least 3 months prior to expiration of the initial certification • Must be reviewed by the PRC prior to expiration of the initial certification • The Agency must submit updated information on its capital plan for the next 3 years • The Agency must state its intended use of the procedures • Submital of other information requested by the PRC PRC Orientation/Refresher Meeting July 28, 2011

  24. Re-certifications to date • University of Washington (7/22/10) • General Administration (9/23/10) • City of Seattle (expires 9/23/10) • Washington State University (9/23/10) PRC Orientation/Refresher Meeting July 28, 2011

  25. Quiz When is the City of Tacoma recertification application due? PRC Orientation/Refresher Meeting July 28, 2011

  26. Questions? PRC Orientation/Refresher Meeting July 28, 2011

  27. Agenda • Why CPARB and PRC were formed – Phil Lovell • Role of CPARB and PRC – Eric Smith • Evaluation Criteria Review • GC/CM Certification/Re-certification – Linneth Riley-Hall • Design Build Certification/Re-certification – Penny Koal • GC/CM Project Application – Rick Benner • Design Build Project Application – Tom Peterson • Appeal Process – Tom Peterson • Assignment of Panels – Tom Peterson • Role of PRC Chairs/Conducting a Hearing – Rodger Benson • Appropriate/Inappropriate Areas for Questions – Tom Peterson PRC Orientation/Refresher Meeting July 28, 2011

  28. Certifying Agencies for Design Build • RCW 39.10.270 Project review committee — Certification of public bodies. • A public body may apply for certification to use the design-build or general contractor/construction manager contracting procedure, or both. Once certified, a public body may use the contracting procedure for which it is certified on individual projects with a total project cost over ten million dollars without seeking committee approval. The certification period is three years. • A public body seeking certification for the design-build procedure must demonstrate successful management of at least one design-build project within the previous five years. PRC Orientation/Refresher Meeting July 28, 2011

  29. (3) To certify a public body, the committee shall determine that the public body: (a) Has the necessary experience and qualifications to determine which projects are appropriate for using alternative contracting procedures; (b) Has the necessary experience and qualifications to carry out the alternative contracting procedure including, but not limited to: • Project delivery knowledge and experience; • personnel with appropriate construction experience; • a management plan and rationale for its alternative public works projects; • demonstrated success in managing public works projects; • the ability to properly manage its capital facilities plan including, but not limited to, appropriate project planning and budgeting experience; and • the ability to meet requirements of this chapter; and (c) Has resolved any audit findings on previous public works projects in a manner satisfactory to the committee. PRC Orientation/Refresher Meeting July 28, 2011

  30. 4) The committee shall, if practicable, make its determination at the public meeting during which an application for certification is reviewed. Public comments must be considered before a determination is made. (5) The committee may revoke any public body's certification upon a finding, after a public hearing, that its use of design-build or general contractor/construction manager contracting procedures no longer serves the public interest. (6) The committee may renew the certification of a public body for one additional three-year period.  (7) Certified public bodies must submit project data information as required in RCW 39.10.320 and 39.10.350. PRC Orientation/Refresher Meeting July 28, 2011

  31. Scorecard with Criteria PRC Orientation/Refresher Meeting July 28, 2011

  32. RCW 39.10.270 - Certification Requirements • A public body seeking certification must submit to the committee an application in a format and manner as prescribed by the committee. The application must include: • a description of the public body's qualifications, • its capital plan during the certification period, and • its intended use of alternative contracting procedures. PRC Orientation/Refresher Meeting July 28, 2011

  33. Application Format 1. Identification of Applicant 2. Experience and Qualifications for Determining Whether Projects Are Appropriate for DB under Alternative Contracting Procedure (RCW 39.10.270 (2)(a). 3. Project Delivery Knowledge and Experience (RCW 39.10.270 (2)(b)(i). 4. Personnel with Construction Experience Using Various Contracting Procedures(RCW 39.10.270 (2)(b)(ii). 5. Management Plan and Rationale for Alternative Contracting Projects (RCW 39.10.270 (2)(b)(iii). 6. Demonstrated Success in Managing Public Works Projects Involving All Types of Contracting Procedures(RCW 39.10.270 (2)(b). PRC Orientation/Refresher Meeting July 28, 2011

  34. 7. Demonstrated Success in Managing at Least One Project Using DB Contracting Procedure Within the Last Five Years (RCW 39.10.270 (2)(b). 8. Ability To Properly Manage the Public Body’s Capital Facilities Plan (RCW 39.10.270 (2)(b)(vi). 9. Ability to Meet the Requirements of Chapter 39.10 of the Revised Code of Washington (RCW 39.10.270 (2)(b)(vii). 10. Resolution of Audit Findings on Previous Public Works Projects (RCW 39.10.270 (2)(c). PLEASE REVIEW PAST SUBMITTALS AT: http://www.ga.wa.gov/CPARB/PRC/index.html PRC Orientation/Refresher Meeting July 28, 2011

  35. Re-Certification for DB • Application is similar • Applicant to discuss changes in process since original application • Applicant to list status of planned, current and completed DB projects • Applicant to provide narrative critique on each DB project the past six years • Update qualified personnel • List any audit finding for ALL projects agency has undertaken • Provide matrix of projects submitted to data collection PRC Orientation/Refresher Meeting July 28, 2011

  36. Questions? PRC Orientation/Refresher Meeting July 28, 2011

  37. Agenda • Why CPARB and PRC were formed – Phil Lovell • Role of CPARB and PRC – Eric Smith • Evaluation Criteria Review • GC/CM Certification/Re-certification – Linneth Riley-Hall • Design Build Certification/Re-certification – Penny Koal • GC/CM Project Application – Rick Benner • Design Build Project Application – Tom Peterson • Appeal Process – Tom Peterson • Assignment of Panels – Tom Peterson • Role of PRC Chairs/Conducting a Hearing – Rodger Benson • Appropriate/Inappropriate Areas for Questions – Tom Peterson PRC Orientation/Refresher Meeting July 28, 2011

  38. GC/CM Project Application Evaluation Sheet PRC Orientation/Refresher Meeting July 28, 2011

  39. Evaluation Sheet Criteria To Approve a GC/CM Project the PRC must determine that: Based upon RCW 39.10.280(2)(a) A. The GC/CM procedure will provide a substantial fiscal benefit or the use of the traditional method of awarding contracts in lump sum to the low responsive bidder is not practical for meeting desired quality standards or delivery schedules PRC Orientation/Refresher Meeting July 28, 2011

  40. Evaluation Sheet Criteria B. Project meets qualifying criteria under 39.10.340 (GC/CM) • The project must meet one of the following conditions: • Implementation involves complex scheduling, phasing, or coordination; • It involves construction at an occupied facility that must continue to operate during construction; • The involvement of the general contractor/construction manager during the design stage is critical to the success of the project; • The project encompasses a complex or technical work environment; • The project requires specialized work on a building that has historic significance PRC Orientation/Refresher Meeting July 28, 2011

  41. Evaluation Sheet Criteria Based upon RCW 39.10.280(2)(c) C. Public body has necessary experience or qualified team, including but not limited to: • Project delivery knowledge and experience • Sufficient contract administration personnel with construction experience • Written management plan with clear & logical lines of authority • Necessary & appropriate funding and time to carry out the project • Continuity of project management team with project type & scope experience • Necessary and appropriate construction budget PRC Orientation/Refresher Meeting July 28, 2011

  42. Evaluation Sheet Criteria Based upon 39.10.280(2)(e) E. The public body has resolved any audit findings related to previous public works projects in a manner satisfactory to the committee. PRC Orientation/Refresher Meeting July 28, 2011

  43. Questions? PRC Orientation/Refresher Meeting July 28, 2011

  44. Agenda • Why CPARB and PRC were formed – Phil Lovell • Role of CPARB and PRC – Eric Smith • Evaluation Criteria Review • GC/CM Certification/Re-certification – Linneth Riley-Hall • Design Build Certification/Re-certification – Penny Koal • GC/CM Project Application – Rick Benner • Design Build Project Application – Tom Peterson • Appeal Process – Tom Peterson • Assignment of Panels – Tom Peterson • Role of PRC Chairs/Conducting a Hearing – Rodger Benson • Appropriate/Inappropriate Areas for Questions – Tom Peterson PRC Orientation/Refresher Meeting July 28, 2011

  45. D/B Project Application Evaluation Sheet PRC Orientation/Refresher Meeting July 28, 2011

  46. Evaluation Sheet Criteria To Approve a D/B Project the PRC must determine that: Based upon RCW 39.10.280(2)(a) A. The D/B procedure will provide a substantial fiscal benefit or the use of the traditional method of awarding contracts in lump sum to the low responsive bidder is not practical for meeting desired quality standards or delivery schedules PRC Orientation/Refresher Meeting July 28, 2011

  47. Evaluation Sheet Criteria B. Project meets qualifying criteria under 39.10.300 (D/B) • The total project cost is over $10 million dollars (with exceptions) (a) The design and construction activities, technologies, or schedule to be used are highly specialized and a design-build approach is critical in developing the construction methodology or implementing the proposed technology; or (b) The project design is repetitive in nature and is an incidental part of the installation or construction; or (c) Regular interaction with and feedback from facilities users and operators during design is not critical to an effective facility design. PRC Orientation/Refresher Meeting July 28, 2011

  48. Evaluation Sheet Criteria Based upon RCW 39.10.280(2)(c) C. Public body has necessary experience or qualified team, including but not limited to: • Project delivery knowledge and experience • Sufficient contract administration personnel with construction experience • Written management plan with clear & logical lines of authority • Necessary & appropriate funding and time to carry out the project • Continuity of project management team with project type & scope experience • Necessary and appropriate construction budget PRC Orientation/Refresher Meeting July 28, 2011

  49. Evaluation Sheet Criteria • Construction personnel independent of the design-build team are knowledgeable in the design-build process and are able to oversee and administer the contract; and • The public body has resolved any audit findings relative to pervious public projects PRC Orientation/Refresher Meeting July 28, 2011

  50. Exceptions to the D/B Approval Process • Subject to approval by the PRC the design-build procedure for parking garages may be used regardless of cost. • Except for utility projects and approved demonstration projects, the design-build procedure may not be used to procure operations and maintenance services for a period longer than three years. However, a public body may seek PRC approval for a demonstration project (2 allowed) that includes procurement of operations and maintenance services for a period longer than three years. Special requirements for hearing this type of application do apply. • Subject to approval by the PRC the design-build procedure may be used for projects where the total cost is between $2 million and $10 million dollars. Approval required whether agency is certified or not and only 10 projects allowed within this parameter. • Not subject to PRC approval: • Erection of Pre-engineered metal buildings • Prefabricated modular buildings • Projects over $10 million dollars that are being procured by a Certified Agency. PRC Orientation/Refresher Meeting July 28, 2011

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