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
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%
Liquidated Damages
• Work with Builder to mitigate downside risk
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 ?