The National Academies Press

Currently Skimming:

Pages 5-33

The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.

From page 5... ... NCHRP LRD 86 5 approved by the government agency.17 If governmental approvals are required to be obtained aer contract execution, delays will occur if approvals are not given within a reasonable time frame.ere is also the risk that the nal approval will require modications to the proposed schematic design or other assumptions on which the proposals (and related pricing) were based. Read the entire page →
From page 6... ... 6 NCHRP LRD 86 Department of Transportation (PennDOT) Rapid Bridge Replacement P3 agreement, shown in Excerpt 2, provides that the contractor is responsible for obtaining all governmental approvals other than the specically enumerated owner-provided approvals and is responsible for obtaining amendments to any owner-provided approvals required by the contractor's design. Read the entire page →
From page 7... ... NCHRP LRD 86 7 Excerpt 2 – Governmental Approvals Rapid Bridge Replacement P3 Agreement, PennDOT 5.1 Governmental Approvals (a) Responsibility (i) Read the entire page →
From page 8... ... 8 NCHRP LRD 86 developed regulations that are binding on all federal agencies.30 Before construction can proceed on a federally funded project, the project must be analyzed to determine its categorical eect on the human environment. A categorical exclusion means that the agency has determined that the project ts in a category of actions that do not have a signicant eect on the human environment. Read the entire page →
From page 9... ... NCHRP LRD 86 9 the owner is responsible for obtaining the environmental approvals, including NEPA, and there is exibility for the construction services to be performed under multiple work packages, allowing construction to begin on project elements that have received environmental approval even if all elements of the project have not been environmentally cleared. For many DB and P3 projects, certain environmental approvals cannot be obtained prior to completion of signicant design, which means that the contract will need to allocate the risk for obtaining such approvals, and how it does so may vary based on the type of environmental approval at issue. Read the entire page →
From page 10... ... 10 NCHRP LRD 86 primary responsibility for reviewing the environmental documents. e contractor also was responsible for obtaining the construction access permits, stormwater construction permits, and dewatering permits. Read the entire page →
From page 11... ... NCHRP LRD 86 11 Excerpt 4 – Environmental Approvals Project Neon DB Procurement, NDOT … in the event that the acquisition of Additional Properties [parcels needed in addition to those required to accommodate the owner's schematic design] necessitates New Approvals or additional Governmental Approvals, [DB Contractor] Read the entire page →
From page 12... ... 12 NCHRP LRD 86 rivers, streams, lakes, ponds, wetlands, or other waters that are regulated by state or federal law, permits will be required to address potential impacts the project may have on these bodies of water, including permits required under the Clean Water Act. is could include permits under section 401 (required for the discharge of pollutants, usually during construction) Read the entire page →
From page 13... ... NCHRP LRD 86 13 Harbors Act, 42 relating to the construction of any bridge, causeway, dam, or dike over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States; the CAA; and the ESA. Also important is the FHWA Design-Build Rule, which addresses various considerations that must be accounted for in procurements starting before the environmental approvals are obtained. Read the entire page →
From page 14... ... 14 NCHRP LRD 86 tion of state and local taxes and fees, and, for major projects, federal grants funded by national motor fuels taxes. Federal-aid highway funding is subject to FHWA concurrence, and should follow all federal rules and regulations, such as environmental laws, disadvantaged business enterprise (DBE) Read the entire page →
From page 15... ... NCHRP LRD 86 15 attractive rates of interest to help reduce the cost of borrowing, and provides exible loan provisions, such as deferred payment periods. PABs may be used to help reduce the cost of borrowing for P3 projects, especially for larger projects that will be nanced from a stream of revenue during the operations and maintenance term of the P3 project. Read the entire page →
From page 16... ... 16 NCHRP LRD 86 for the parties to adjust tolling requirements aer the facility is in operation. To the extent these issues can be evaluated even earlier, decisions can be made that may alter the plans for development of the project. Read the entire page →
From page 17... ... NCHRP LRD 86 17 stances that aect the developer's ability to collect tolls by providing for potential compensation to the developer, including for loss of toll revenues due to certain specied compensation events, such as events caused by the project owner and discriminatory changes in law. A model demand risk transferal contract provision states: Except for its specic obligations to the [Developer] Read the entire page →
From page 18... ... 18 NCHRP LRD 86 use of the project ROW prior to the development of the project. Prudent owners should perform an environmental investigation/assessment of the site prior to letting a contract. Read the entire page →
From page 19... ... NCHRP LRD 86 19 lief only for hazardous materials encountered on the site that are not included in the information provided to proposers regarding pre-existing hazardous materials. (See Excerpt 10.) Read the entire page →
From page 20... ... 20 NCHRP LRD 86 tain third-party spills, in which the project owner explicitly disclaimed liability for third-party spills. Read the entire page →
From page 21... ... NCHRP LRD 86 21 work for such facilities proceeds according to schedule. Similarly, risks relating to project operations can be reduced by thirdparty agreements establishing the rules that will apply aer completion of construction. Read the entire page →
From page 22... ... 22 NCHRP LRD 86 DBB projects, the owner typically develops the design to 100 percent, which establishes the project alignment, secures the required environmental clearances. e owner then acquires the necessary ROW to construct the project before the DBB contract is awarded and construction can begin. Read the entire page →
From page 23... ... NCHRP LRD 86 23 intended, however, ROW issues did delay the DB contractor. ese issues were related to obtaining possession and use agreements. Read the entire page →
From page 24... ... 24 NCHRP LRD 86 Excerpt 13 – Right-of-Way Acquisition Grand Parkway Segments F1, F2, and G Project, TxDOT 1.1.1 Acquisition of Project ROW 1.1.2 All Project ROW, including Additional Properties but excluding temporary interests in property for Project Specific Locations, shall be acquired in the name of the State. Developer shall undertake and complete the acquisition of all Project ROW, including Additional Properties, in accordance with Section 7 of the Technical Provisions, the approved Right of Way Acquisition Plan and all applicable Laws relating to such acquisition, including the Uniform Act. Read the entire page →
From page 25... ... NCHRP LRD 86 25 Excerpt 14 – Right-of-Way Acquisition I-77 Express (HOT) Lanes Project, NCDOT 7.3 Project Right of Way Acquisition 1.1.1 Developer shall undertake and complete the acquisition of Proposed Right of Way and Additional Properties in accordance with this Section 7.3 and Section 7 of the Technical Provisions. Read the entire page →
From page 26... ... 26 NCHRP LRD 86 additional cost of acquiring separate right-of-way for the exclusive accommodation of utilities.81 Researchers have recommended that utility agreements be added to the technical requirements sections of contracts.82 "e Department's standard utility process should be followed and provided in the scope development. is includes identication of the utility by owner, plan and prole location, requirement for relocation and/or adjustment, and all owner stipulated design and construction requirements."83 ey also recommend that the owner provide a schedule for relocations or adjustment, which should identify the party responsible for performing the work and the schedule by which the work should be completed.84 A 1968 FHWA Circular Memorandum indicated that time extensions are normally not approved due to either a utility or ROW delay. Read the entire page →
From page 27... ... NCHRP LRD 86 27 conditions that it will transfer to the contractor. One promising practice is for the agency to seek proposers' input early in the procurement process regarding the types of data they believe are most critical to eciently price the project so that the agency can provide that data during the procurement. Read the entire page →
From page 28... ... 28 NCHRP LRD 86 Other projects provide schedule but not cost relief for utility owner delays. For the Gerald Desmond Bridge Replacement Project in Long Beach, California, the contractor was entitled to schedule relief for "Utility Delays," dened as any failure of a utility owner (other than the project owner) Read the entire page →
From page 29... ... NCHRP LRD 86 29 Excerpt 17 – Utilities Rapid Bridge Replacement P3 Project, PennDOT Compensation Event means any of the following: …. Read the entire page →
From page 30... ... 30 NCHRP LRD 86 Excerpt 19 – Utilities I-15/I-215 Interchange Improvement (Devore) Project, Caltrans 6.2.5 Utility Delays 6.2.5.1 Allocation of Risk of Schedule Impacts Design-Builder shall bear the risk of schedule impacts associated with the rst four Days of Utility Delays per Utility Owner for the Project not to exceed forty Days for all Utility Delays by all Utility Owners. Read the entire page →
From page 31... ... NCHRP LRD 86 31 (3) Legislation. Read the entire page →
From page 32... ... 32 NCHRP LRD 86 level of risk relating to railroad coordination for a transportation mega project, and it may be advisable for the project owner to share responsibility for obtaining necessary approvals, due to the importance of maintaining good relations with the railroad operators for current and future projects. Read the entire page →
From page 33... ... NCHRP LRD 86 33 Excerpt 21 – Railroad Agreement Route 91 Corridor Improvement Project, RCTC 6.1.7 Railroad Agreements 6.1.7.1 Design-Builder shall comply with the requirements contained in the BNSF [Burlington Northern Santa Fe Railway Company] Construction & Maintenance Agreements to be entered into by and among BNSF, RCTC, and Caltrans that apply to Work hereunder, including the obligation to enter into the "Agreement Between BNSF Railway Company and the Contractor" attached to said agreement as Exhibit C-1 and the obligation to comply with the "Contractor Requirements" provisions attached to said agreement as Exhibit C Read the entire page →

From page 5...

... NCHRP LRD 86 5 approved by the government agency.17 If governmental approvals are required to be obtained aer contract execution, delays will occur if approvals are not given within a reasonable time frame.ere is also the risk that the nal approval will require modications to the proposed schematic design or other assumptions on which the proposals (and related pricing) were based.