Delivery of Multiple Small Projects—Now!

Task Order Construction Agreements

A New Project Delivery Tool…

What created the need?

✓An emphasis on smaller projects

✓Simplified Procurement / Delivery

✓Design-Build Capability

✓Best-Value Selection

✓Staff Augment

What is TOCA?A model to deliver multiple projects under one contract• Master Enabling Agreement (MEA)

✓ Task Order

✓ Construction Agreement

Projects• Construction Manager (CM) or Design-Build (DB)

• Projects to $5 Million

• NTE $10 Million / year

What is TOCA?Selection of Service Provider• Two Phase – Best Value

✓ Request for Qualifications (RFQ)✓ Request for Proposals (RFP)

Contract• One Year MEA Contract• Extension for a second year

Projects• Preconstruction – Negotiated Fees

• Construction - GC Fee, OH&P and as Bid

When Should We Use TOCA?

• Deliver Groups of Projects

• Small Major Capital Projects

• Mix of Design-Build and CM

• Tight Delivery Windows

• Programming and Planning Efforts

• Staff Augment Services

• Last Minute Projects

• JOC use

How do We Use TOCA?

RFQ• List of Projects

• Schedule

• Qualifications

RFP• No Qualifications in RFP

• Interview / Proposed Team

• Rider A

• Cost Component

What is TOCA?

RFP Bid Form Cost Component:• Average of three staff rates with highest number of hours:

Architectural Services Fees x 2500 hours Consultants Services Fees x 2500 hours Preconstruction Services Fees x 1000 hours Construction Phase Site Management Fee x 4000

hours

• DB Construction OH&P x 50% of Budgeted D.C.C.

• CM Construction OH&P x 50% of Budgeted D.C.C.

• Fee for Assembly of Initial subcontractor bidding pool

How do We Use TOCA?

Task Orders• Negotiated Fees for Services

Preconstruction Services• Define Scope of Projects

✓ Scheduling

✓ Estimating

• Design Services✓ As CM or Design-Builder

How do We Use TOCA?Preconstruction Services• Subcontractor Bidding Pool

✓ Advertise

✓ Prequalify

• Bidding ✓ Campus Building Permit

✓ Bid to Subcontractor Pool

✓ Lump Sum Project Proposal

✓ Management Fees as proposed and negotiated

✓ OH&P as proposed

How do We Use TOCA?Construction Contingency

Liquidated Damages• Work with Builder to mitigate downside risk

Contingency Schedule

Project Size <$250K <$500K <$1,000K <$2,500K < or =$5,000K

DB Projects 9% 8.5% 8% 7.5% 7%

CM Projects 6% 5.5% 5% 4.5% 4%

How do We Use TOCA?

Construction Services• Construction Agreement

✓ Task Order

✓ Construction Manager (CM)

✓ Design-Build (DB)

✓ Owner input on services

✓ Construction Agreement

✓ Build Project

TOCA Best Practices

• DB v. CM Options

• Listing projects included in RFP

• Listing of Subcontractors

• Pre-Process Meeting

• Single v. Multiple project Task Orders

• Negotiation of Task Orders

TOCA Best Practices

• When is Lump Sum Defined?

• Review of Lump Sum

• Contingencies

• Scheduling

TOCA Best Practices

• Project Closeout✓ Lump Sum Contract✓Punch list✓Reconciliation of Allowances✓Closeout checklist✓Certificate of completion✓Notice of Completion✓Retention

TOCA Best Practices

•Risk ‘Teeter – Totter”

•Feedback Loop

TOCA Best Practices

•It’s all about Relationships…

TOCA Road Show…

• Pilot Campuses • CPDC TOCA Training

Questions – Discussion ?