The Governor's Budget Bill radically changed the rules for public construction work in Ohio. Those construction reform rules have just been finalized. At this seminar, our presenters covered everything you need to know about these sweeping changes and the legal and practical implications it holds for owners, contractors, and subcontractors involved in public construction work in the state. The topics discussed included:
• Alternative Contract Delivery Systems authorized, including Design-Build and Construction Manager At-Risk
• Changes to the Multiple-Prime Contractor System
• How to Compete in this New Environment
• New Rules for Bonding, Subcontracting, Prequalification and Best Value
Comparison of Design Bid Build vs. Design Build Finance Operate & MaintainBob Prieto
Design Bid Build (DBB) and Design Build Finance Operate Maintain (DBFOM) project
delivery differ in significant ways. In simplest terms, under DBB, the owner retains significant interface risk between the designer and builder and in multi-prime projects also retains integration risk across the primes.
Effectively this is the “white space” risk between each of the contracting parties and is
often not adequately considered in project planning, budgeting and schedule development. Multiple parties create difficulties in effective partnering and project
performance is adversely impacted if these risks emerge. In all instances the owner is
warranting the completeness and accuracy of the design to the contractor thus directly
holding this interface risk.
The use of a DBFOM project delivery approach significantly modifies the risk profile of
the owner as the DBFOM contractor now assumes both this interface risk as well as the
integration risk across all project elements.
CH2M Hill's Mark Alpert discussed the procurement process for design-build contracts at the American Water Works Association's ACE13 Annual Conference & Exposition.
To get the best results on a design-build project, the owner’s role is as important as that of the design-builder. View this Slideshare to discover six areas where an owner’s early involvement is critical to realize ultimate success.
Construction Projects Delivery Methods - Nilaksh Kothari, Manitowoc Public Ut...marcus evans Network
Nilaksh Kothari, Manitowoc Public Utilities (MPU) - Speaker at the marcus evans Water & Wastewater Management Summit held in Summerlin, NV, May 3-4, 2012 delivered his presentation entitled Construction Projects Delivery Methods
Comparison of Design Bid Build vs. Design Build Finance Operate & MaintainBob Prieto
Design Bid Build (DBB) and Design Build Finance Operate Maintain (DBFOM) project
delivery differ in significant ways. In simplest terms, under DBB, the owner retains significant interface risk between the designer and builder and in multi-prime projects also retains integration risk across the primes.
Effectively this is the “white space” risk between each of the contracting parties and is
often not adequately considered in project planning, budgeting and schedule development. Multiple parties create difficulties in effective partnering and project
performance is adversely impacted if these risks emerge. In all instances the owner is
warranting the completeness and accuracy of the design to the contractor thus directly
holding this interface risk.
The use of a DBFOM project delivery approach significantly modifies the risk profile of
the owner as the DBFOM contractor now assumes both this interface risk as well as the
integration risk across all project elements.
CH2M Hill's Mark Alpert discussed the procurement process for design-build contracts at the American Water Works Association's ACE13 Annual Conference & Exposition.
To get the best results on a design-build project, the owner’s role is as important as that of the design-builder. View this Slideshare to discover six areas where an owner’s early involvement is critical to realize ultimate success.
Construction Projects Delivery Methods - Nilaksh Kothari, Manitowoc Public Ut...marcus evans Network
Nilaksh Kothari, Manitowoc Public Utilities (MPU) - Speaker at the marcus evans Water & Wastewater Management Summit held in Summerlin, NV, May 3-4, 2012 delivered his presentation entitled Construction Projects Delivery Methods
CDM Smith's Patrick Gallagher discusses how to use design-build as a project delivery method for water infrastructure projects at the American Water Works Association's ACE13 Annual Conference & Expo.
Walter Miros presents "Design/Build Approach" at AIA Design+Technology Seminar, Miami Feb 26th. http://www.aiamiami.com/pdf/2010/dte_seminarday2010.pdf
John Doller of Carollo Engineers discusses the procurement process as it relates to design-build projects at the American Water Works Association's ACE13 Annual Conference & Exposition.
There is no “one size fits all” method to construction delivery. Each project faces a unique and often complex set of circumstances. That’s why McCarthy provides public owners with flexible and creative alternative delivery methods. Learn more about Design-Build-Finance, Public-Private Partnership, Job Order Contracting, Integrated Project Delivery, Design-Assist and Construction Management-at-Risk.
Click here for even more on construction delivery methods: www.mccarthy.com/work/delivery-methods
Need help choosing your next project delivery method? View a comparison of methods to help make the right decision. Compare Design-Build, Design-Bid-Build, and CM at Risk to learn which is best for your project.
Project Delivery Method: Logic and Tool to Make an Informed Choice / Bill Hale and Bill O’Brien. Presented at the 2016 CTR Symposium: http://ctr.utexas.edu/ctr-symp/
Consensus Docs: Introduction to Integrated Project Delivery in ConstructionDBL Law
America’s commercial design and construction industry is fragmented, adversarial and inefficient. The industry that depends more than all others upon coordination, cooperation and teamwork among multiple participants is our most adversarial. It is the only major industry that is less productive today than it was in 1964, while other industries have doubled their productivity.
The conventional wisdom is that the way to secure the highest quality at the lowest price is to maximize completion pressure. This leads to selection based on a single criterion – price – which in turn requires that each competitor bid on the same scope and requirements.
Currently an architect prepares drawings and specifications in isolation. The assumption is that the architect will develop the best design absent a dialogue with those responsible for construction. Contractors then submit bids based on the design documents. This step assumes that those documents fully convey the building requirements in an understandable fashion.
Both assumptions are significantly flawed as this process sharply restricts the ability of the project team to communicate. Key decisions are made at the beginning of the project based on limited understanding. In contrast, integration of the project delivery team overcomes these shortcomings in the traditional delivery model, and paves the way for a dramatic elimination of waste.
Early contractor involvement (eci) procurement approach spm talk 2016teohwooisin
ECI is a project procurement approach whereby contractors are engaged early to effectively tap on their expertise especially in the aspects buildability, constructability, construction schedule and planning, designs and alternative proposals, value engineering, and latest construction technologies. The presentation will cover the scope of ECI, how ECI could fit into different procurement methods such as Design & Build and traditional procurement, the ECI process and the important considerations in implementing ECI, and the drivers and benefits of ECI. In addition, the ECI models for public sector projects and lessons learned from past ECI cases will also be covered.
CDM Smith's Patrick Gallagher discusses how to use design-build as a project delivery method for water infrastructure projects at the American Water Works Association's ACE13 Annual Conference & Expo.
Walter Miros presents "Design/Build Approach" at AIA Design+Technology Seminar, Miami Feb 26th. http://www.aiamiami.com/pdf/2010/dte_seminarday2010.pdf
John Doller of Carollo Engineers discusses the procurement process as it relates to design-build projects at the American Water Works Association's ACE13 Annual Conference & Exposition.
There is no “one size fits all” method to construction delivery. Each project faces a unique and often complex set of circumstances. That’s why McCarthy provides public owners with flexible and creative alternative delivery methods. Learn more about Design-Build-Finance, Public-Private Partnership, Job Order Contracting, Integrated Project Delivery, Design-Assist and Construction Management-at-Risk.
Click here for even more on construction delivery methods: www.mccarthy.com/work/delivery-methods
Need help choosing your next project delivery method? View a comparison of methods to help make the right decision. Compare Design-Build, Design-Bid-Build, and CM at Risk to learn which is best for your project.
Project Delivery Method: Logic and Tool to Make an Informed Choice / Bill Hale and Bill O’Brien. Presented at the 2016 CTR Symposium: http://ctr.utexas.edu/ctr-symp/
Consensus Docs: Introduction to Integrated Project Delivery in ConstructionDBL Law
America’s commercial design and construction industry is fragmented, adversarial and inefficient. The industry that depends more than all others upon coordination, cooperation and teamwork among multiple participants is our most adversarial. It is the only major industry that is less productive today than it was in 1964, while other industries have doubled their productivity.
The conventional wisdom is that the way to secure the highest quality at the lowest price is to maximize completion pressure. This leads to selection based on a single criterion – price – which in turn requires that each competitor bid on the same scope and requirements.
Currently an architect prepares drawings and specifications in isolation. The assumption is that the architect will develop the best design absent a dialogue with those responsible for construction. Contractors then submit bids based on the design documents. This step assumes that those documents fully convey the building requirements in an understandable fashion.
Both assumptions are significantly flawed as this process sharply restricts the ability of the project team to communicate. Key decisions are made at the beginning of the project based on limited understanding. In contrast, integration of the project delivery team overcomes these shortcomings in the traditional delivery model, and paves the way for a dramatic elimination of waste.
Early contractor involvement (eci) procurement approach spm talk 2016teohwooisin
ECI is a project procurement approach whereby contractors are engaged early to effectively tap on their expertise especially in the aspects buildability, constructability, construction schedule and planning, designs and alternative proposals, value engineering, and latest construction technologies. The presentation will cover the scope of ECI, how ECI could fit into different procurement methods such as Design & Build and traditional procurement, the ECI process and the important considerations in implementing ECI, and the drivers and benefits of ECI. In addition, the ECI models for public sector projects and lessons learned from past ECI cases will also be covered.
This morning, Kegler Brown hosted a packed room for its “Exporting to India: Strategies for Success” seminar in partnership with JPMorgan Chase and the Ohio Department of Development. The half-day event also featured insights from Prem Behl, managing director of India’s Ohio Office, international business students from the University of Findlay, and a panel of practical experts on the Indian market, comprising providers of both goods and services. Presenters and attendees discussed financial strategies for success with Martha Gabrielse, director of global trade finance for JPMorgan Chase, and best practices in legal intelligence with Kegler Brown’s Asia-Pacific Team Leader, Vinita Mehra and its Global Team Leader, Martijn Steger. Also in attendance were local appointed and elected officials, business leaders from across Ohio, and previous winners of the Ohio Governor’s e-Award for Excellence in Exporting.
Teknisa has been in the market since 1990, as such has the know-how to deal with its clients' needs. We provide business management software for several segments but specifically for the food service industry. Our software controls ALL the processes involved in the production of collective meals.
Restaurants aren't left! We have POS software that controls the point of sale systems.
This paper describes the evolution of the Plan table and DBMSX_PLAN in 11g and some of the features that can be used to troubelshoot SQL performance effectively and efficiently.
CH2M Hill's Mark Alpert presents on team structures for design-build and integrated project delivery methods at the 2013 DBIA Water and Wastewater Conference.
The "Asset Life Cycle, Cost Estimating and the CCRG (Cost Construction Reporting Guide 2005)" was an educational seminar provided as a joint panel offered through the Alberta Assessors Association in their 2015 annual conference. This learning opportunity was organized with the sole objective to share with the audience the best practices when reporting construction projects for property tax rendition purposes. We delved into the legal framework, the segregation of included versus excluded costs and the challenges Owners face while executing industrial projects.
Construction Contracts: Basics of Contracts and Contract AdministrationGerald R. (Jerry) Genge
The CCDC 2 Stipulated Price Contract is the "go to" document for construction contracts. Learn the basic components and roles of eth parties to the contract.
On Thursday, May 9, 2024, Kegler Brown presented its annual Managing Labor + Employee Seminar. The in-person and virtual seminar focused on timely information regarding labor and employee relations, and allowed attendees to earn CLE and SHRM credit hours.
On Wednesday, May 24, 2023 Kegler Brown presented its annual Managing Labor + Employee Seminar. The in-person and virtual seminar focused on timely information regarding labor and employee relations, and allowed attendees to earn CLE and SHRM credit hours.
On Thursday, February 23, Kegler Brown’s Construction lawyers, Don Gregory and Mike Madigan, presented an informative strategy session on ways to deal with central Ohio’s labor shortage and diversity and inclusion goals.
On April 24, Tony spoke to attendees of the Ohio SHRM State Council, HR Florida State Council and Aspect Marketing and Communications’ 2022 HR Cruise, presenting on how the post-pandemic workplace issues will affect the HR profession. Tony took attendees on a journey through workplaces of the past and future spanning a century starting with the Jetson’s future from the 1960s to the metaverse worlds in Ready Player One and Free Guy. Attendees learned about changes in local, state, and federal laws and regulations as well as court decisions, which attempt to stay ahead of such workplace changes. He also outlined ideas on how to address post-pandemic workplace issues to attract and retain a talented workforce. He finally touched on how to enable professionals to communicate the challenges facing the workplace to elected officials.
On Tuesday, March 8, 2022 Kegler Brown presented its annual Managing Labor + Employee Seminar. The virtual seminar focused on timely information regarding labor and employee relations, and allowed attendees to earn CLE and SHRM credit hours.
On Tuesday, March 9. 2021 Kegler Brown presented its annual Managing Labor + Employee Seminar. The virtual seminar focused on timely information regarding labor and employee relations, and allowed attendees to earn CLE and SHRM credit hours.
Danielle Crane kicked things off walking through the implications on the labor and employment sectors and how to prepare for anticipated changes with Joe Biden taking office and his inauguration. Our litigation attorney, Jane Gleaves covered how courts have had to adjust to the pandemic, how lawyers are taking litigation virtual and the noticed trends in litigation in light of the COVID-19 pandemic. Brendan Feheley, the chair of our Labor + Employment practice closed the seminar by providing an update on the employment law issues surrounding the global pandemic and America’s response to it.
As part of our 2020 LGBTQ SCOTUS Ruling webinar on July 7th, Brendan and Danielle hosted an in-depth discussion about the recent SCOTUS decision protecting the employment rights of LGBTQ employees under Title VII. The webinar primed employers for what we think will be coming, provided advice on the issues and questions to think about moving forward, and gave important employment considerations as we begin to receive guidance from the EEOC and federal courts.
Key Legal + Business Issues - Navigating Complexities in Doing Business in th...Kegler Brown Hill + Ritter
On Friday, May 1, Vinita Mehra and Cody Myers presented at Indo-American Chamber of Commerce’s Key Legal + Business Issues: Navigating Complexities in Doing Business in the U.S. webinar. The webinar covered a variety of topics including: drivers + trends of Indian outbound investments to the U.S., EDO incentive programming, negotiating contracts, protecting intellectual property, and impact of COVID-19 on Indo-U.S. businesses.
On December 3, Luis shared an update on Ohio’s medical marijuana law with the National Business Institute. He also discussed marijuana at a national level, detailing tax collections and the IRS sections related to doing business in marijuana. Using recent case studies, Luis illustrated how businesses can and cannot deduct or capitalize indirect expenses. Issues such as labor and licenses were also addressed. Luis also presented this topic at a December 17 event put on by the National Business Institute in Dayton, Ohio
On October 22, Luis spoke to the Mid-Ohio Regional Planning Commission about the history, status and future of legalization and the cannabis industry. Along with looking at the global medical marijuana industry and the tax revenues of adult use states, Luis also updated attendees on the structure of licensure in Ohio. Discussing the changing views and impacts on cities of marijuana, Luis broke down moratoriums, industry and zoning regulations, and new frontiers for decriminalization.
Luis spoke at a luncheon for the Paralegal Association of Central Ohio on April 23 and detailed the history, structure and impact of legalized marijuana. With a focus on Ohio’s Medical Marijuana Control Program, Luis reviewed several scientific, economic, cultural and legal aspects of legalization throughout the US. Along with taking questions from attendees, Luis also discussed what the future looks like for marijuana in Ohio.
Speaking to the Ohio Chamber of Commerce on April 5, Luis discussed several issues related to employment and medical marijuana. He detailed what the OMMCP does not do, such as how it does not require an employer to permit or accommodate an employee's use, or prohibit an employer from establishing and enforcing a drug testing policy, drug-free workplace policy, or zero-tolerance drug policy. He also highlighted other employment concerns, such as how the Worker’s Compensation Bureau will not pay for medical marijuana, and briefly reviewed the medical marijuana industry, looking at topics from sales figures to collegiate cannabis courses.
On February 27, Luis presented at a seminar put on by the Columbus Bar Association examining Ohio’s medical marijuana industry from a legal perspective. Including not only statutory and regulatory issues, this seminar also looked at commercial transactions and ownership/licensure transfers. It also discussed concerns typical of any industry, such as employment issues and capital raising, but that have unique challenges when it comes to medical marijuana. They also looked ahead to discuss the possible future of marijuana in Ohio, including questions of federal regulation and recreational use.
On January 29, Tony and Luis spoke to attendees of the Ohio Agribusiness Association’s 2020 Industry Conference, providing vital education on cannabis, cannabinoids, and the differences between hemp and marijuana. They also broke down what Ohio’s Medical Marijuana Act does not include in order to provide attendees with guidance on employer rights. Focusing on further employment concerns, Luis and Tony explained what the Ohio Bureau of Workers’ Compensation will and will not cover, and discussed testing, workplace policies, ongoing legalization trends and more.
Presented on 11/21 by Eric Duffee and Randy Gerber, Founder and Principal of Gerber LLC, as part of a four part series. This segment of the series covered equity-based employee incentives. It offered a clear description as to what they are, why companies use them, as well as some things to consider. Randy and Eric showcased a variety of examples along with a few alternatives in regard to compensation.
Kegler Brown's annual seminar on professional responsibility was presented on Friday, October 18, 2019 at the Columbus Bar Association (CBA). This year's seminar featured guest speaker, Kent Markus, who is a part of the Bar and General Counsel at the CBA, showcased an overview of the disciplinary system featuring an in-depth flowchart along with practical tips and best practices.
A panel discussion Q+A about topics ranging from advisory opinions, recent ethics developments, identifying issues, and the duty to report, were all covered by Kegler Brown litigators Jane Gleaves and Jason Beehler.
Moderator, Chris Weber discussed ways to navigate Ohio's Advocate-Witness rule, and his personal recommendations for best practices.
Grow + Sell Your Business Part Three: Practical Tips To Facilitate a TransactionKegler Brown Hill + Ritter
Presented by Eric Duffee and Michael Shaw, Copper Run Capital, on 10/17 as part of a Four Part Series. This segment of the series offered 8 clear steps to follow in pursuit of facilitating a successful transaction. It covered areas such as securing your assets, awareness of current market trends, a visual analysis of our current market update, and surrounding yourself with the right team.
Attorneys Jane Gleaves and Brendan Feheley presented various concerns related to the Gig Economy. They discussed topics such as the differences between an independent contractor or an employee, along with why this is important in our current economy. The seminar also covered the misclassification of employees as independent contractors and the effects of this. Finally, they offered a number of solutions for ways to avoid these issues.
Presented by Eric Duffee and Steve Barsotti on 9/19 as Part 2 of a Four Part Series. This seminar introduced the basics of Patent Requirements, Copyrights and confidential information (including Trade Secrets) and explained the strategies for and significance of protecting them. Discussions included necessary criteria for registration, how rights are established, and steps for filing and enforcement.
IMPACT Silver is a pure silver zinc producer with over $260 million in revenue since 2008 and a large 100% owned 210km Mexico land package - 2024 catalysts includes new 14% grade zinc Plomosas mine and 20,000m of fully funded exploration drilling.
Recruiting in the Digital Age: A Social Media MasterclassLuanWise
In this masterclass, presented at the Global HR Summit on 5th June 2024, Luan Wise explored the essential features of social media platforms that support talent acquisition, including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok.
B2B payments are rapidly changing. Find out the 5 key questions you need to be asking yourself to be sure you are mastering B2B payments today. Learn more at www.BlueSnap.com.
Company Valuation webinar series - Tuesday, 4 June 2024FelixPerez547899
This session provided an update as to the latest valuation data in the UK and then delved into a discussion on the upcoming election and the impacts on valuation. We finished, as always with a Q&A
Event Report - SAP Sapphire 2024 Orlando - lots of innovation and old challengesHolger Mueller
Holger Mueller of Constellation Research shares his key takeaways from SAP's Sapphire confernece, held in Orlando, June 3rd till 5th 2024, in the Orange Convention Center.
The 10 Most Influential Leaders Guiding Corporate Evolution, 2024.pdfthesiliconleaders
In the recent edition, The 10 Most Influential Leaders Guiding Corporate Evolution, 2024, The Silicon Leaders magazine gladly features Dejan Štancer, President of the Global Chamber of Business Leaders (GCBL), along with other leaders.
Taurus Zodiac Sign: Unveiling the Traits, Dates, and Horoscope Insights of th...my Pandit
Dive into the steadfast world of the Taurus Zodiac Sign. Discover the grounded, stable, and logical nature of Taurus individuals, and explore their key personality traits, important dates, and horoscope insights. Learn how the determination and patience of the Taurus sign make them the rock-steady achievers and anchors of the zodiac.
Industrial Tech SW: Category Renewal and CreationChristian Dahlen
Every industrial revolution has created a new set of categories and a new set of players.
Multiple new technologies have emerged, but Samsara and C3.ai are only two companies which have gone public so far.
Manufacturing startups constitute the largest pipeline share of unicorns and IPO candidates in the SF Bay Area, and software startups dominate in Germany.
Understanding User Needs and Satisfying ThemAggregage
https://www.productmanagementtoday.com/frs/26903918/understanding-user-needs-and-satisfying-them
We know we want to create products which our customers find to be valuable. Whether we label it as customer-centric or product-led depends on how long we've been doing product management. There are three challenges we face when doing this. The obvious challenge is figuring out what our users need; the non-obvious challenges are in creating a shared understanding of those needs and in sensing if what we're doing is meeting those needs.
In this webinar, we won't focus on the research methods for discovering user-needs. We will focus on synthesis of the needs we discover, communication and alignment tools, and how we operationalize addressing those needs.
Industry expert Scott Sehlhorst will:
• Introduce a taxonomy for user goals with real world examples
• Present the Onion Diagram, a tool for contextualizing task-level goals
• Illustrate how customer journey maps capture activity-level and task-level goals
• Demonstrate the best approach to selection and prioritization of user-goals to address
• Highlight the crucial benchmarks, observable changes, in ensuring fulfillment of customer needs
How to Implement a Real Estate CRM SoftwareSalesTown
To implement a CRM for real estate, set clear goals, choose a CRM with key real estate features, and customize it to your needs. Migrate your data, train your team, and use automation to save time. Monitor performance, ensure data security, and use the CRM to enhance marketing. Regularly check its effectiveness to improve your business.
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LA HUG - Video Testimonials with Chynna Morgan - June 2024Lital Barkan
Have you ever heard that user-generated content or video testimonials can take your brand to the next level? We will explore how you can effectively use video testimonials to leverage and boost your sales, content strategy, and increase your CRM data.🤯
We will dig deeper into:
1. How to capture video testimonials that convert from your audience 🎥
2. How to leverage your testimonials to boost your sales 💲
3. How you can capture more CRM data to understand your audience better through video testimonials. 📊
5. MULTI-PRIME CONTRACTING
Advantages Disadvantages
• Direct Payment • No single source
responsibility
• No Mark-up
• Less Coordination
• Less Bid Shopping
• More Claims
Cheaper on Bid Day? Cheaper at end of job?
6. MULTI-PRIME HAS BEEN UNDER ATTACK
IN RECENT YEARS
by: AGC
Public Owners, particularly OSU
7. IT ALL STARTED WITH
CONSTRUCTION REFORM (2009)
Reform Defeated except for 3 test
projects
(including OSU‟s Project One)
Supposed to track costs and effectiveness
9. WHAT ARE THE MAJOR CHANGES
• No multi-prime requirement
• Authorizes design-build (DB) and
construction manager (CM) at-risk
• Authorizes competitive proposals rather
than bids for DB and CM at-risk work
10. WHAT DOES THIS MEAN FOR OWNERS?
• More flexibility in contractor selection
• Greater choice over contracting methods
• Less need for coordination or action
• Single source responsibility
• Less risk of claims?
11. WHAT DOES THIS MEAN FOR DESIGNERS?
• Loss of control on design-build work
12. WHAT DOES THIS MEAN FOR CM AGENTS?
• Less need for services if no multi-prime
contracting
• But not prohibited from serving as CM if made a
CM at-risk proposal that broke down over the
GMP. R.C. § 9.33(H)
13. WHAT DOES THIS MEAN FOR GENERAL
CONTRACTORS?
• Great advantages for large international firms
• More politics with no-bid selection
• Bonding capacity may become more critical
• Competitive disadvantages for locally owned
family construction companies
14. WHAT DOES THIS MEAN FOR
SUBCONTRACTORS?
• More Bid Shopping
• Loss of control
• No direct payment and less payment security
• Delayed payment (10 days)
• Worse contract terms
15. WHAT DOES THIS MEAN FOR INDUSTRY?
WINNERS LOSERS
- Owners - Subcontractors
- Large international - Family-owned
contractors contractors
- Architects
27. SUBCONTRACTOR PREQUALIFICATION
• Each CMAR and D/B firm “shall establish criteria” to
prequalify prospective subs.
– The prequalification criteria must be approved by the public
authority involved in the project. R.C. 153.502(A)
• DAS “shall adopt rules” setting standards CMARs and D/Bs
must follow when establishing their sub prequalification
criteria. R.C. 153.503(B).
– Unless specifically excused by the public authority, the CMAR or
D/B firm must identify at least three (3) prospective bidders who
are prequalified to bid on the subcontract. R.C. 153.502(B); and
– The solicitation and selection of subs must be under an “open
book” pricing method. R.C. 153.502(C).
28. DAS FINAL RULE ON PREQUALIFICATION
• Issued January 24, 2012
29. DAS RULE 153:1-7-01: SUB
PREQUALIFICATION
• Under final rule, the CM-At Risk or Design-Build
firm for each Project must establish
“prequalification” criteria and prequalification is
defined as:
30. DAS RULE 153:1-7-01: SUB
PREQUALIFICATION
• The CM-At Risk or Design-Build firm for each
Project is required to establish criteria that “shall”
include information on the bidding
subcontractor‟s:
– Financial condition;
– Conduct and performance on previous contracts;
– Facilities;
– Management skills; and
– Ability to “properly” execute the subcontract.
31. SUBCONTRACTOR PREQUALIFICATION
• DAS Rule further requires that the
prequalification criteria “shall:”
– Further any diversity “or inclusion” goals required by
law or the public authority; and
– Require prospective bidders to affirmatively state that
they “have not violated any affirmative action program
during the last five years preceding the date of the
prequalification application.”
• NOTE: For projects governed by Section 9.47 of the Ohio
Revised Code, subs may meet this requirement by
submitting a valid certificate of compliance.
32. FINAL PREQUALIFICATION RULE
• Criteria must also require the bidder to submit
proof of current licenses to perform the work as
required by a public authority or applicable law.
• The public authority has the right to:
– Require the CM-At Risk or Design-Builder to include
“additional criteria for specific trade contracts”
provided the additional criteria is “consistent with the
scope and needs of the project including, but not
limited to, knowledge of the local area and working
relationships with local suppliers.”
33. SUBCONTRACTOR PREQUALIFICATION
After all that, the prequalification criteria
established by the CM At-Risk or design-builder
(pursuant to the mandatory rule) are …
– “subject to approval of the public authority, who may
reject in whole or in part.” DAS Rule 153:1-7-01(D)
34. WHAT DOES THIS MEAN?
• Public Owners have a lot of discretion, if they
wish to exercise it, in guiding the final Project
subcontractor prequalification rules.
– Criteria could be set up to favor local businesses,
disadvantaged businesses, etc.
– It appears that owners can even reject pre-
qualification criteria the design-builder or CM At-Risk
included that were required by the Final Rule.
• Possibility of bid disputes if a pre-qualified
bidder is low but does not get the job?
35. WHAT ABOUT BONDS?
OSU Project One case – no need for Payment
Bond if project not bid.
36. PAYMENT BOND PROTECTIONS
• Under the Ohio Supreme Court‟s June 21, 2011
decision in State ex rel. Am.
Subcontractors Assn., Inc. v. Ohio State
Univ., Slip Opinion No. 2011-Ohio-2881,
payment bonds were not required under Ohio
law on public works projects that are not
awarded to a „bidder.‟
• The June 30, 2011 Budget Bill requires that
CMARs and DBs “shall provide a surety bond to
the public authority in accordance with rules
adopted by the director of administrative
services…” See § 9.33(B) and § 153.70(C), respectively.
38. SILVER LINING FOR SUBCONTRACTORS
Standard Subcontract Form on CM at-risk and DB
work:
• Cannot waive lien rights
• Must pay retainage as retainage released by
owner
39. DOES PROMPT PAY STILL APPLY
Yes.
CM at-risk and design-builder must comply with
ORC 4113.61
40. BEST VALUE SELECTION PROCESS FOR CM
AT-RISK AND DESIGN-BUILD
Two Step Process:
1. Qualification Phase
2. Request For Proposal Phase
An Evaluation Committee Shall Be Established By
The Public Authority.
– The Project‟s design firm or other independent
advisors can provide support but are not permitted to
participate as voting members.
41. QUALIFICATION PHASE
Prior To Announcing The Qualification Phase, A Public Authority Shall
Establish Criteria For Evaluating A Firms‟ Qualifications That At A
Minimum Shall Include:
1. Competence to perform required services.
2. Ability in terms of workload and availability of qualified personnel.
3. Past performance.
4. Financial responsibility.
5. History of meeting diversity goals.
6. Knowledge of local area, subcontractors, and suppliers.
7. For Design Build Proposals- use of licensed design professionals in
compliance with Ohio law.
– Rules Provide For Use of Stipends For Design Build Proposals
42. QUALIFICATION PHASE
• “Short-Listed Firms”
– No fewer than three unless Evaluation Committee
determines in writing that fewer than three are
qualified.
43. REQUEST FOR PROPOSAL PHASE
Pricing Proposal Technical Proposal
• A List of Key Personnel • Identity of the Proposed
• A Statement of General Team.
Conditions & Contingency • Project-Specific Plan
• A Fee Proposal that – Schedule
includes: – Approach & sequence to
the Work
– Preconstruction fee
– Approach to performance
– Construction fee
specifications
– At-Risk fee
– Plan for anticipated
– GMP if applicable procurement difficulties
– Plan for meeting diversity
goals
44. MINIMUM CRITERIA
Pricing Criteria Performance Criteria
• Preconstruction fee • Schedule
• Construction fee • Approach to work
• At-risk fee • Work sequence
• General Conditions • Performance history
• GMP proposal if • Approaches to
applicable performance specifications
• Plan for anticipated
procurement difficulties
• Plan for meeting
diversity/inclusion goals
45. INTERVIEWS
• Evaluation Committee Shall Interview Each
Short Listed Firm That Submits A Pricing and
Technical Proposal
– Interview Is Not To Be Included In The Scoring of The
Proposal
46. GMP PROPOSAL PROCEDURES
• Public Authority shall define GMP requirements, which
may include
– Total Cost of Work
– Allowances
– Assumption and Clarifications
– Project Schedule
– Scope of Work to be self-performed
• GMP shall be submitted in a sealed envelope
– Opened after interviews and Evaluation Committee‟s scoring of
performance and pricing criteria.
47. DETERMINATION OF BEST VALUE
• The Evaluation Committee shall evaluate each
Pricing and Technical Proposal utilizing the
performance criteria and pricing criteria.
– The performance criteria and pricing criteria shall be
evaluated separately.
– Evaluation Committee shall combine evaluations to
reach a final evaluation.
– Committee shall rank the short-listed firms based on
the final evaluation.
48. ANNOUNCEMENT AND CONTRACT
NEGOTIATIONS
• Public Authority shall announce the firm
determined to be the best value and shall enter
into contract negotiations.
49. PROPOSALS AND PUBLIC RECORDS
• Proposal and Other Records Shall Be Made
Available For Inspection AFTER Announcement
of the Best Value Firm.
50. FOR CM AT-RISK MULTIPLE
PRECONTSTRUCTION STEPS
Programming Schematic Design GMP Stage Construction
Verification Design Developme Document
Stage Stage nt Stage Stage
52. SIMILAR ARTICLE 8 PROVISIONS
• 10 Day Notice Requirement
• Certified Claim To Be Submitted 30 Days After
Notice Is Made
• Architect/Engineer Provides Initial Review Claim
For CM at Risk
– For Design Build Contract – Criteria
Architect/Engineer Provides Initial Review of the
Claim.
53. CM AT-RISK AND DESIGN-BUILD
EXTENSIVE INSURANCE REQUIREMENTS
Includes Professional Liability
Applies To Subcontractors
54. NEW RULES FOR ELECTRONIC
ADVERTISING/BIDDING
• DAS has proposed new rules for electronic
advertising and bidding on projects.
• Effective February 2, 2012.
55. RULES FOR ELECTRONIC ADVERTISING
New rules allow a public authority to advertise a
project electronically in three ways:
• On the website of a newspaper in the project
county.
• On the state public notification website.
• On the public authority‟s website, or on a non-
official website (such as a trade association).
56. RULES FOR ELECTRONIC ADVERTISING
• Public authority can use electronic advertising to
reach out to diversity/inclusion programs.
• Public authority can us electronic advertising to
provide full description of project, and to provide
information on how to submit a bid.
57. RULES FOR ELECTRONIC BIDDING
What the state can require:
• All bids to be submitted through the state‟s
enterprise electronic bidding module.
• Bidders to register with state‟s enterprise
electronic bidding module.
• Fees: registration, maintenance, subscription
cost. (state can waive for diversity/inclusion
programs)
58. RULES FOR ELECTRONIC BIDDING
What the state can provide:
• Assistance or training in the electronic bidding
software/subscription service for interested
bidders.
• Access to a computer for interested bidders.
• Notice of availability of electronic bidding in any
advertisement for the project.
• Protection of submitted electronic information
prior to bid deadline.
59. RULES FOR ELECTRONIC BIDDING
• System will allow bidder to submit, resubmit, and
withdraw a bid prior to the published bid
deadline.
• State will consider all electronic bids submitted
before the published bid deadline.
60. RULES FOR ELECTRONIC BIDDING
BUT…the state is not liable if:
• An interested bidder can‟t submit a bid due to
“technical issues or obstructions.”
Technical issues are not sufficient grounds for a
bid protest.