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Design-Build: Utility AgreementsConnecting YOU with TexasGreg Faber, SIT, PMP, Project Finance Debt Division Project Manager
October 14, 2020
DB Utility Agreements October 14, 2020
Design-Build Utility Agreements
2
Agreement Name Brief Description
Standard Utility Agreement (U-35) Managed by District Utility Staff/GECFor long-lead items.
Project Utility Adjustment AgreementDB-Managed (PUAA-DB Managed)
DB Contractor performs engineering and physical relocation.
Project Utility Adjustment AgreementOwner-Managed (PUAA-Owner Managed)
Utility Owner performs engineering and physical relocation
**Under Development**Pre-Construction Utility Agreement (PCUA)
Optional Agreement Managed by District Utility Staff/GEC.Performed prior to DB Contract execution.Facilitates executions of SUA’s and PUAA.
Interlocal Agreement (ILA) Agreement with Municipal Utility Owners
DB Utility Agreements October 14, 2020
Standard Utility Agreement Timeline for Design-Build Project
3
Planning/Pre-Procurement: Time Varies Procurement: 14 months
Post-AwardPre-Award
Implementation: Time Varies
ENV
Cle
aran
ce
Issu
e no
tice
of th
e Pr
ojec
t
Prop
osal
s D
ueResponsible Parties: District andUtility Company
Responsible Parties: District, Utility Companyand DB Contractor (inspection/verification)
Util
ity P
erfo
rms
adju
stm
ents
Identify long-lead items
Util
ity W
orks
hop
Issu
e N
OR
A
Exec
ute
SUA
Util
ity C
ompl
etes
adj
ustm
ent
CO
NTR
ACT
EXE
CU
TIO
N /
NTP
1
TxD
OT
reim
burs
es U
tility
Early
Coo
rdin
atio
n M
eetin
gs
Perfo
rm S
UE
DB Utility Agreements October 14, 2020
Standard Utility Agreement (Form: ROW-U-35)
Follows the Design-Bid-Build (DBB) Utility Accommodations Process
Early coordination meetings with the Utility Owner determine if the utility can enter into a Standard Utility Agreement when in if the conflict with the project:
• reimbursable per Transportation Code 203.092
• requires a long lead item(s) and/or
• a necessary relocation that minimizes impact to innovation in the DB Contractor’s design.
Information pertaining to the adjustment/relocation should be added to the Reference Information Documents (RID’s).
4
DB Utility Agreements October 14, 2020
Standard Utility Agreement (Form: ROW-U-35)
The Parties will work together in a timely manner on:
– execution of the agreement
– scheduling and
– physical relocation.
Cost of the adjustment is not included in the DB Contractors bid
– What if the DB Contractor designs the project in a way that impacts the utility after the adjustment?
• Risk, Cost and Schedule Impact is that of DB Contractor
5
DB Utility Agreements October 14, 2020
Project Utility Adjustment Agreement – PUAA’s
6
Planning/Pre-Procurement: Time Varies Procurement: 14 months
Post-AwardPre-Award
Implementation: Time Varies
1 on
1’s
Perfo
rm S
UE
Prop
osal
s D
ueResponsible Parties: District andUtility Company
Responsible Parties: Utility Companyand DB Contractor
DBC
iden
tifie
s co
nflic
t
Identify long-lead items
Util
ity W
orks
hop
DBC
and
Util
ity N
egot
iate
Early
Coo
rdin
atio
n M
eetin
gs
Com
plet
es a
djus
tmen
t
CO
NTR
ACT
EXE
CU
TIO
N /
NTP
1
DBC
reim
burs
es U
tility
NTP
2
DBC
/UC
Per
form
s Ad
just
men
ts
DBC
/UC
Exe
cute
PU
AA
TxD
OT
reim
burs
es D
BC
Ong
oing
Coo
rdin
atio
n M
eetin
gs
Issu
e no
tice
of th
e Pr
ojec
t
DB Utility Agreements October 14, 2020
Project Utility Adjustment Agreements – PUAA’s
PUAA DB Contractor-Managed
– DB Contractor performs:
• design engineering plans and/or perform the physical adjustment/relocation.
PUAA Owner-Managed
– Utility Company self-perform design engineering plans and/or perform the physical adjustment/relocation.
7
DB Utility Agreements October 14, 2020
Project Utility Adjustment Agreements – PUAA’s
Early coordination meetings with TxDOT and Utility Owner determine if the utility adjustment/relocation:
– does NOT require a long-lead item and/or,
– has a relocation that greatly impacts innovation in the DB Contractors design
Proposers are allowed 1 on 1’s with the Utility Companies during procurement.
– This assists in better pricing of the utility coordination and adjustments line items associated with their bid.
– 1 on 1’s protocols are outlined in Section 2.5.2 of the Instructions to Proposers (ITP)
8
DB Utility Agreements October 14, 2020
Project Utility Adjustment Agreements – PUAA’s
Proposers incorporate utility costs in two lump sum line items in the schedule of values:
– coordination and,
– adjustment costs.
Agreement assembly and reimbursement payment are processed and maintained by the DB Contractor.
– DB Contractor pays the utility for internal costs, inspection, construction, material, etc.
– DB Contractors costs are not part of the PUAA’s
– TxDOT reimburses the DB Contractor as milestones of the adjustment
9
DB Utility Agreements October 14, 2020
Pre-Construction Utility Agreement: Timeline for Design-Build Projects
10
Planning/Pre-Procurement: Time Varies Procurement: 14 months
Post-AwardPre-Award
Implementation: Time Varies
Util
ity In
voic
es T
xDO
T fo
r Pre
lim W
ork
Dev
elop
Sco
pe o
f SU
E
Responsible Parties: District andUtility Company
Responsible Parties: District, Utility Companyand DB Contractor (inspection/verification)
Identify long-lead items
Util
ity W
orks
hop
Ong
oing
Util
ity M
eetin
gs
CO
NTR
ACT
EXE
CU
TIO
N /
NTP
1
Early
Coo
rdin
atio
n M
eetin
gs
Iden
tific
atio
n of
con
flict
Be
gin
Prel
imin
ary
Wor
k
TxD
OT
reim
burs
es U
tility
Exec
ute
PCU
A
DBC
iden
tifie
s co
nflic
t
DBC
and
Util
ity N
egot
iate
Com
plet
es a
djus
tmen
t
DBC
reim
burs
es U
tility
NTP
2
DBC
Per
form
s Ad
just
men
ts
DBC
and
UC
Exe
cute
PU
AA
TxD
OT
reim
burs
es D
BC
Issu
e PC
UA
1 on
1’s
ENV
Cle
aran
ce
DB Utility Agreements October 14, 2020
Under Development! Pre-Construction Utility Agreement (DB-PCUA)
OPTIONAL agreement created for Utility Company’s on Design-Build Projects
– Encourage early engagement
– creates reimbursement mechanism for preliminary work
– Costs up to the DB Contract Execution/NTP1
– Partnering/Better information/quicker execution
11
DB Utility Agreements October 14, 2020
Under Development! Pre-Construction Utility Agreement (DB-PCUA)
TxDOT issues the PCUA serving as notice of the project.
TxDOT requires prior to execution:
– Cost estimate including: coordination services, engineering and staffing .
Upon execution reimbursable Preliminary Utility Work includes:
– deliverables
– development of TxDOT’s SUE scope
– answering questions from Proposers
MORE INFORMATION COMING SOON!
12
DB Utility Agreements October 14, 2020
Interlocal Agreement (ILA) Timeline for Design-Build Project
13
Planning/Pre-Procurement: Time Varies Procurement: 14 months
Post-AwardPre-Award
Implementation: Time Varies
Dev
elop
Con
cept
ual L
ayou
ts
Perfo
rm S
UE
Prop
osal
s D
ueResponsible Parties: District andUtility Company
Responsible Parties: District, Utility Companyand DB Contractor (inspection/verification)
DBC
Perfo
rms
Adju
stm
ents
Identify long-lead items
Util
ity W
orks
hop
Dev
elop
and
neg
otia
te la
ngua
ge
Exec
ute
ILA
DBC
Com
plet
es a
djus
tmen
t
CO
NTR
ACT
EXE
CU
TIO
N /
NTP
1
Rei
mbu
rsem
ent v
arie
s
Early
coo
rdin
atio
n M
eetin
gs
NTP
2
Ong
oing
coo
rdin
atio
n M
eetin
gs
Issu
e N
OR
A
Det
erm
ine
if IL
A is
requ
ired
Iden
tify
Crit
ical
Infra
stru
ctur
e
DB Utility Agreements October 14, 2020
Interlocal Agreement - ILA
ILA’s are project specific and customizable.
– Included in the Reference Information Documents (RID’s)
– Negotiations and cost estimate developed prior to DBA execution/NTP1.
Coordination meetings with Municipal Utility Owner determines if:
– use the Developer for design and construction
– impacts Critical Facilities
14
DB Utility Agreements October 14, 2020
Interlocal Agreement - ILA
When should TxDOT and Municipal Utility Owner use an ILA?
– Government Code 2269.003 and Local Government Code 252.021
• TxDOT District and PFD-SCM will coordinate with General Counsel Division (GCD)
– Municipal Utility Owner eligible costs:
• DB Contractor reimburses the Municipal Utility Owner
– Ineligible costs (ex: elective betterments)
• TxDOT acts as pass through for the Municipal Utility Owner funds to the DB Contractor.
– Clearly outlined in the ILA
15
DB Utility Agreements October 14, 2020
Interlocal Agreement - ILA
Will an ILA always be required when working with a Municipal Utility Owner?
– No, not always!
• 100% reimbursable and
• no elected betterments.
16
DB Utility Agreements October 14, 2020
Interlocal Agreement – ILA – Best Practices
Development and coordination of an ILA should begin during pre-procurement.
The language should clearly outline timelines.
Understand risks.
Understand critical facilities and conflicts.
Consider how easements are acquired and replaced.
Include a clause for Haz-Mat handling.
17
DB Utility Agreements October 14, 2020
Questions?
18
Greg FaberProject Finance Debt and Strategic Contracts Management Division
(PFD-SCM)Cell: 512-987-0994