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Legal Issues Related to Large-Scale Airport Construction Projects Copyright National Academy of Sciences. All rights reserved. ACRP LRD 38 35 APPENDIX A: CASE STUDY QUESTIONNAIRE Questionnaire for CMAR, Progressive DB, Lump-Sum DB, or PPP Airport Case Studies Projects Respondents Information Name: ______________________________________________________________________________________________________ Position: ____________________________________________________________________________________________________ Name of the Airport Case Study Project: ___________________________________________________________________________ No. of years involved in Project: __________________________________________________________________________________ Position held during involvement in Project: ________________________________________________________________________ Delivery Method Used (e.g., CMAR, Progressive DB, Lump Sum DB, or PPP) ______________________________________________ Number of Projects involved in with same type of project delivery method ________________________________________________ Main contracting parties involved on the project _____________________________________________________________________ A. Project Delivery Method Selection Process When was the decision made to use DBB/CMAR/Progressive DB/ Lump-sum DB/PPP delivery method for delivery of this project? ____________________________________________________________________________________________________________ Who made the decision to use this delivery method? ____________________________________________________________________________________________________________ What were the factors considered in selecting this delivery method for the project? ____________________________________________________________________________________________________________ Did your organization have any prior experience using this delivery method and/or other alternative delivery methods? ____________________________________________________________________________________________________________ B. Issues Related to Funding Source How was this project funded? (e.g., federal grant, PFCs, TEB, CFC, or airport-generated funding)? Was any private (contractor/developer- provided) financing involved? ____________________________________________________________________________________________________________ Did you use any funding sources for this project that were different than funding sources for other DBB airport projects? Please explain. ____________________________________________________________________________________________________________ Did the funding source impact (or possibly help determine) the delivery method, key contract provisions, or raise other legal and nonlegal issues for this project? ____________________________________________________________________________________________________________ C. Issues Related to Contract Procurement Was a different type of contract procurement process used for this project compared to other DBB airport projects? If so, please explain. ____________________________________________________________________________________________________________ Were there any legal or nonlegal issues raised during the procurement of the contract for this project (e.g., authority to use delivery method, available/limitations on risk allocations, protest issues, etc.)? If yes, please explain. ____________________________________________________________________________________________________________ Did you use any of the following procurement tools during the procurement process (one-on-one meetings, clarification requests, aesthetics review processes, alternative technical concepts, best-value proposal scoring processes)? If so, please explain your use of the tool, its efficacy, any difficulties encountered, and any lessons learned. ____________________________________________________________________________________________________________ Could you identify any lessons learned during the various phases of contract procurement process (e.g., pre-procurement, RFQ (if used), RFP, selection, protest (if applicable)? Please explain. ____________________________________________________________________________________________________________ D. Issues Related to Contract Management Process Did you find any difference related to contract management process in this project compared to other DBB airport projects? Please explain. ____________________________________________________________________________________________________________ Were there any lessons learned in this project related to appropriate staffing levels and their training? If yes, please explain. ____________________________________________________________________________________________________________
Legal Issues Related to Large-Scale Airport Construction Projects Copyright National Academy of Sciences. All rights reserved. 36 ACRP LRD 38 Were there any lessons learned related to education and outreach efforts (both internally within your organization and externally) in this project compared to other DBB airport projects? Please explain. ____________________________________________________________________________________________________________ E. Issues Related to Environmental Permitting Did you find any difference in this project compared to other DBB airport project regarding the environmental permitting process? Please explain. ____________________________________________________________________________________________________________ How long did the environmental permitting process take? ____________________________________________________________________________________________________________ At what point during (or after) the environmental permitting process did you begin the procurement process for the project? If you started before the completion of the environmental permitting process, please describe the thinking behind this decision and any difficulties encountered? If you started after completion of this process, please explain the thinking behind this decision. ____________________________________________________________________________________________________________ Could you identify any lessons learned related to legal or non-nonlegal issues during environmental permitting approval process? If yes, please explain. ____________________________________________________________________________________________________________ Did you encounter any legal or nonlegal issues during the scoping of environmental permit approval process? If yes, please explain. ____________________________________________________________________________________________________________ Were there any lessons learned related to environmental permitting while managing early design work? If yes, please explain. ____________________________________________________________________________________________________________ F. Issues Related to Design and Construction Phase Were there any major differences in managing design and construction of this project compared to other DBB airport projects? If yes, please explain. ____________________________________________________________________________________________________________ Were there any lessons learned related to legal or nonlegal issues during managing the design process, such as managing the design review process and design development? If yes, please explain. ____________________________________________________________________________________________________________ Were there any lessons learned related to legal or nonlegal issues while implementing this delivery method during design and construction process, such as approvals, change management, risks and responsibilities, etc.? If yes, please explain. ____________________________________________________________________________________________________________ Were there any significant change orders on this project? If yes, please explain. Do you think the delivery method impacted the amount and type of change orders? Were there any other key factors that impacted these change orders? ____________________________________________________________________________________________________________ Were there any lessons learned related to legal or nonlegal issues while processing claims in this project? If yes, please explain. ____________________________________________________________________________________________________________ G. Issues Related to Insurance Program Did you find any difference in insurance program in this project compared to other DBB airport projects? If yes, please explain. ____________________________________________________________________________________________________________ Were there any lessons learned on the legal or nonlegal issues related to excess coverage, contractor-controlled insurance programs (CCIPs), owner-controlled insurance program (OCIPs) from this project? If yes, please explain. ____________________________________________________________________________________________________________ Were there any lessons learned on the issues related to limits on liability, market availability, and volatility of premiums over time? If yes, please explain. ____________________________________________________________________________________________________________ H. Issues Related to Dispute Resolution and Project Labor Agreement What dispute resolution process did you use for this project? Is this a different dispute resolution process compared to other DBB airport projects? Please explain. ____________________________________________________________________________________________________________
Legal Issues Related to Large-Scale Airport Construction Projects Copyright National Academy of Sciences. All rights reserved. ACRP LRD 38 37 Were there any lessons learned related to dispute resolution process choice (e.g., project neutral, arbitration, mediation, disputer review board, etc.) and implementation for this project? If yes, please explain. ____________________________________________________________________________________________________________ Did you find any difference related to implementation of project labor agreements (PLA) in this project compared to other DBB airport projects? If yes, please explain. ____________________________________________________________________________________________________________ Were there any lessons learned during the implementation of PLAs? If yes, please explain. ____________________________________________________________________________________________________________ I. Issues Related to Remediation of Hazardous Materials Did you find any difference in allocating risk and processing hazardous material in your project compared to other DBB airport projects? ____________________________________________________________________________________________________________ Were there any lessons learned related to risk allocation decisions and legal or nonlegal issues you encounter related to discovery and processing of hazardous materials, potentially including use of preliminary investigations, allowances, unit pricing, and other limitations on either time or monetary relief? ____________________________________________________________________________________________________________ J. Issues Related to Project Incentives and Disincentives Did you find any difference in the allocation of incentive and disincentive provisions used in this contract compared to other DBB airport projects? ____________________________________________________________________________________________________________ Were there any lessons learned related to incentive and disincentive provisions used in this project contract? ____________________________________________________________________________________________________________ Did these provisions help encourage certain contractor behavior, including early completion, limiting the ownerâs potential liability for claims, and meeting or exceeding performance requirements? ____________________________________________________________________________________________________________ Did you find any difference in the project handover phase, including transitioning tenants and operations from existing to new facilities when compared to other DBB airport projects? ____________________________________________________________________________________________________________ Were there any lessons learned related to legal or non-nonlegal issues during project handover, including transitioning tenants and operations from existing to new facilities? ____________________________________________________________________________________________________________ K. Issues Related to Operation and Maintenance Phase Did you find any difference in legal or nonlegal issues encountered during operations and maintenance of this project compared to other DBB airport projects? ____________________________________________________________________________________________________________ Were there any lessons learned by the airport authority during operations and maintenance, potentially including issues related to warranties, claims, training, and appropriate budgeting for operations and maintenance work? ____________________________________________________________________________________________________________
Legal Issues Related to Large-Scale Airport Construction Projects Copyright National Academy of Sciences. All rights reserved.
Legal Issues Related to Large-Scale Airport Construction Projects Copyright National Academy of Sciences. All rights reserved. ACKNOWLEDGMENTS This study was performed under the overall guidance of the ACRP Project Committee 11-01. The Committee was chaired by DAVID Y. BANNARD, Foley & Lardner, LLP, Boston, Massachusetts. Members are ROD C. BORDEN, Columbus, Ohio; JAY HINKEL, City of Wichita, Kansas; CLYDE OTIS, Post, Polak, Goodsell, and Strauchler P.A., Roseland, New Jersey; DANIEL S. REIMER, Denver International Airport, Denver, Colorado; and ELIZABETH SMITHERS, Charlotte Douglas International Airport, Charlotte, North Carolina. DAPHNE A. FULLER provides liaison with the Federal Aviation Administration, TOM DEVINE provides liaison with Air- ports Council InternationalâNorth America, ROBERT J. SHEA provides liaison with the Transportation Research Board, and MARCI A. GREENBERGER represents the ACRP staff.
Legal Issues Related to Large-Scale Airport Construction Projects Copyright National Academy of Sciences. All rights reserved. These digests are issued in order to increase awareness of research results emanating from projects in the Cooperative Research Programs (CRP). Persons wanting to pursue the project subject matter in greater depth should contact the CRP Staff, Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine, 500 Fifth Street, NW, Washington, DC 20001. Subscriber Categories: Aviation ⢠Construction ⢠Law Transportation Research Board 500 Fifth Street, NW Washington, DC 20001 N CH RP LRD 78
