The following is an extract from a Florida DOT “Marion County ITS Operational Improvements – CMGC Services Request for Proposal.” It is included as an example of FDOT’s approach to open-book cost-estimating verbiage that could be included in CMGC and PDB RFPs to define the process.
Throughout the Pre-Construction Phase, and as changes demand during the Construction Phase, the CMGC shall provide estimates of Project cost and/or cost of individual Project elements. The estimates shall be prepared in a transparent, detailed, open book format that allows the Department and their representatives to understand the basis of costs and cost development.
The estimates shall be prepared in the Contractor’s cost-estimating system as is customary use by the Contractor for other projects of similar nature. The estimates are to be developed using current pricing for wage and equipment rates (material pricing will depend on how the material was quoted and the amount of time for which the quote is fixed). Since some estimates will not have the pricing for all material suppliers and subcontractors to enable firm fixed pricing for use in the Lump Sum (LS) Price, there may be limited items of plug pricing, which should be noted as such.
As the estimates are successively refined, the plug pricing will be replaced by firm prices in using competitively selected subcontractors and materials suppliers. All subcontractor estimates are also subject to the Open Book Estimating requirements. Submitted estimates shall clearly itemize the estimated costs of performing the Construction Work of the items in the mutually agreed schedule of values and also include the Contractor’s field indirect items. A summary-level cost is requested for each of the items provided, supported by a detailed cost of each item. The detail shall provide crews with rates of production for each activity within the item of Construction Work.
Crews shall clearly show the numbers of equipment and personnel within each activity and work hours for overtime calculations. Estimates of cost for items of Construction Work shall be further divided into the Contractor’s customary cost categories such as man-hours, labor, permanent materials, expendable materials, equipment ownership and operation, and subcontract cost, as appropriate.
The detail of the Construction Work breakdown may include several activities within a schedule of value line items that shall subtotal to a one-line entry for the summary report. The summary shall include the same cost categories along with the unit cost of the total. Further groupings of similar items of Construction Work can be agreed upon to further facilitate reconciliation of the Department and CMGC estimates. Costs and price for the project shall be subdivided as follows:
The items of Construction Work shall include the direct cost of performing the Construction Work only. The schedule of values line items list will be developed in conjunction with the designer and required specifications including measurement and payment are as specified by the standard provisions. This may not be an all-inclusive list of the Construction Work to be done for a section but includes the major items of Construction Work for cost development.
The Contractor shall use the mark-up established in the contract at 12 percent of the Total Construction Phase Cost. The Fixed Mark-up Percentage will include the Contractor’s profit and the portion of home office overhead (G&A) allocated to the project. The Fixed Mark-up Percentage defined in the contract will be used in the preliminary and final LS Price Proposal.
The profit component of the mark-up excludes any agreed upon bonuses and incentives as part of Phase 2 work. Home office overhead (G&A) is defined as all auditable costs that are allocated to
all of the Contractor’s ongoing projects, such as off-site supervision and travel expenses for offsite supervisors, attorney and counsel fees, and insurance that is maintained by the Contractor as a general cost of doing business. The fixed mark-up does not include any field indirect costs or direct costs of the Project. The mark- up percentage shall be applied to the total Construction Phase Cost and the result shall be the LS Price Proposal. The mark-up percentage shall also be applied to any change proposals (Supplemental Agreements) during the Construction Phase.
Along with the estimate reports, provide a summary narrative of the estimate. Include a discussion of how specific items were developed in the estimate, such as, but not limited to, fuel pricing, material sources, labor rates, any craft labor agreements, and availability of skilled craftsman. Discuss approach to equipment availability and rental rates, including any equipment adjustments to hourly equipment rates used in the estimate based on schedule usage of equipment versus length of time equipment will be on the job, or if a buy-sell basis of ownership costs is applicable to the Project. Discuss which material and subcontract pricing is firm, which uses plug prices, and the expected variability of such pricing. Discuss temporary construction required such as haul roads, detours, any retained earth, and borrow or waste pit development. Discuss approach to schedule, including hours of Work, double or triple shifts, weather and season considerations, and the general duration of the estimated Work.
One of the most critical steps prior to successfully validating the lump sum price for Phase 2 services on a PDB contract is to require the Design-Builder to submit their estimate for the cost of the work at various pricing milestones as the design progresses. The Design-Builder shall submit an estimate to VDOT at each pricing milestone using the Opinion of Probable Construction Cost (OPCC) process. Level of efforts for the OPCC process will vary depending on the Phase or level of plan development.
Pricing milestones will occur at the time the Design-Builder submits a proposal and associated cost estimate to the Department. Pricing milestones allow VDOT to review and resolve pricing disagreements early in the PDB process, rather than wait until the end when the Phase 2 Proposal is submitted. Pricing milestones may occur:
VDOT will accomplish validation of the cost estimate by comparing the Design-Builder’s cost estimate for the work with the cost estimate developed by an Independent Cost Estimator (ICE) and VDOT’s Estimating Engineer (EE). After each pricing milestone, VDOT and the Design-Builder will reconcile cost and scope using an open book basis.
Successful price reconciliation in PDB relies on the ability of all parties to thoroughly understand the basis of the Design-Builder’s cost estimate. It is critical that the Design-Builder clearly documents all assumptions, pricing and labor rates that were used to price the work. This documentation is maintained to capture a history and basis of pricing changes. To this end, the Design-Builder will be expected to be open and transparent about how the work was estimated.
The cost model shall include a narrative summarizing the key pricing assumptions for each OPCC. The cost model narrative includes such things as: type of equipment proposed to perform the work, assumed production rates, crew sizes, shifts per day, hours per shift, risk assumptions, assignment of risks, assumed weather delays, and supporting subcontractor quotes. Other assumption regarding risk (assumptions and/or assignment), weather delays, and ancillary factors will also be documented. The cost model shall be updated by the Design-Builder prior to developing each estimate.
Estimating instructions and guidelines are included in Exhibit 1. These instructions outline how the estimates will be developed between multiple estimating parties. This ensures that all parties are using the same format for work products and facilitates consistency between different estimating teams and cost comparisons during pricing reconciliation.
The Design-Builder shall schedule and lead an Estimate Workshop prior to issuance of each Estimate Package. Workshops attendees should include at a minimum the VDOT PM, EE, ICE, and technical experts who have insight into the project (e.g., geotechnical, bridge, construction, environmental, etc.).
The objective of the Estimate Workshop is to:
The Design-Builder shall prepare an Estimate Package for each pricing milestone identified during Phases 1A and 1B and provide the package to the VDOT PM for distribution to the ICE and EE. Each Estimate Package shall include the estimating instructions, plans, quantity take-offs, proposed pay items, measurement/payment definitions, and any specifications appropriate for the level of design.
At each pricing milestone the Design-Builder updates the Estimate Package (if necessary) based on input from the Estimate Workshop. The following cost estimates are then independently prepared by the Design-Builder, ICE, and VDOT’s EE:
Estimates prepared by the Design-Builder and ICE shall be a production-based, contractor-style estimate prepared using typical contractor-style estimating software. Although the estimates are prepared using a production-based, contractor-style approach, costs provided to VDOT should be rolled up into unit costs or lump sum items.
The ICE, VDOT’s EE, and Design-Builder shall each submit their estimate directly to the VDOT PM.
At early pricing milestones, the estimates may include “plug or placeholder” prices, or estimated costs based on past relevant experience, for the work the Design-Builder intends to subcontract (as noted in their subcontracting plan). As design progresses, the estimates will contain actual quotes for subcontracted work. To ensure competitive pricing for the subcontracted work, the Design-Builder will be required to attempt to solicit at least three quotes for all subcontracted work. If obtaining at least three quotes for any subcontracted work is not possible, the Design-Builder will be required to provide documentation to the VDOT PM justifying why three quotes are not obtainable. The VDOT PM may also request that the Design-Builder consider self-performing the work, if possible, in order to help ensure competitive pricing. Unless otherwise authorized in writing by the VDOT PM, the subcontractor quotes received by the Design-Builder shall only be shared with the EE, ICE, and VDOT PM. The ICE may solicit quotes for subcontracted work in order to independently validate the cost of subcontracted work. Prior to the ICE soliciting any quotes, the Design-Builder and VDOT PM should contact subcontractors to notify them that they may be contacted by the ICE, and strongly encourage them to work with the ICE. The ICE will be allowed to share all quotes with the VDOT PM, EE, and Design-Builder. Ultimately, the Design-Builder is responsible for selecting the subcontractors they use to perform the subcontracted work.
The VDOT PM will provide updates to the VDOT Civil Rights Division throughout preliminary design in order to inform them about the status of the project. Prior to Phase 1B, the VDOT PM will provide Civil Rights appropriate information to clearly understand the scope of work. Civil Rights will establish, as applicable, DBE and OJT goals prior to any subsequent estimates. The Design-Builder shall update their subcontracting/supplier plan, as needed, and all estimating parties shall account for the goals/requirements for ensuing pricing milestones.
During each pricing milestone, the Design-Builder’s Estimate will be compared with the estimates prepared by the ICE and the EE. The VDOT PM will develop a variance report. The variance report shows the Design-Builder’s Estimate and the Independent Cost Estimate. The variance report will not include the Engineer’s Estimate.
The VDOT PM will schedule a pricing reconciliation meeting at each pricing milestone. Price reconciliation meetings will be limited to key VDOT project management staff and estimating staff that are directly reconciling differences between the ICE, EE and the Design-Builder’s Estimate. All participants in the price reconciliation meeting(s) will sign a Confidentiality Agreement stating that they will not disclose any information from the meeting(s). The VDOT PM and the Design-Builder oversee the reconciliation meetings, with the intent to reconcile pricing differences between the Design-Builder’s Estimate and the Independent Cost Estimate. The reconciliation process gives all parties the opportunity to understand each other’s perspectives about pricing assumptions, risk assignment, and construction means and methods. The EE will participate in these meetings but will not disclose their estimate.
The ICE and EE will inform the VDOT PM of any potential cost savings opportunities. The VDOT PM may share this information with the Design-Builder. It is the responsibility of VDOT to help ensure the ICE and EE remain independent during reconciliation meetings.
Once VDOT and the Design-Builder agree upon changes to the pricing assumptions, the Design- Builder will make adjustments to the cost model and the schedule to reflect these changes and resubmit them to the VDOT PM, ICE, and EE. This information is then documented in the project file. Any pricing changes will be carried forth to the next pricing milestone or the Phase 2 Proposal. During the reconciliation process, the ICE and/or EE may adjust their pricing assumptions and estimate as necessary.
Open book pricing is a collaborative, transparent cost-estimating process utilized by VDOT and the Design-Builder to achieve a Phase 2 lump sum price below the established Guaranteed Maximum Price. The open book pricing process is used to achieve agreement on final design and construction costs during the Proof of Concept (Phase 1A) and Project Development (Phase 1B) phases of a PDB procurement.
“Open Book Basis” means allowing the Department to review all underlying assumptions, records, stand-alone subcontractor quotes, and other data associated with each element of pricing, or any adjustment thereto, including assumptions as to costs of the work, schedule, composition of equipment spreads, equipment rates, labor rates, production rates, estimating factors, design and productivity allowance, contingency and indirect costs, risk pricing, discount rates, interest rates, inflation and deflation rates, operating costs, burdens, encumbrances, profit, turnover, mark-ups, fees, charges, levies, incentives, and other items reasonably required by the Department to satisfy itself as to the reasonableness and accuracy of the amounts proposed by the Design-Builder.
Through open book pricing, the Design-Builder’s Estimates are negotiated in a completely transparent manner, with none of the costs hidden, embedded, or inflated. Transparency means full, confidential disclosure of all the details and may include third party verification by the Department, if required. The process is truly an open book that provides confidence in the price throughout the process.
During the reconciliation process, VDOT may ask the Design-Builder to share or review with them certain items or materials containing information that clarifies how the proposed pricing was derived in order to help reconcile differences between the ICE, EE and the Design-Builder’s Estimate. All materials of this nature will be reviewed in an open-book format and remain in the possession of the Design-Builder unless the Design-Builder agrees to release it to VDOT. VDOT may not retain a copy of these materials, either electronic or in hard copy.
Not everything on a project is entirely predictable, especially in the early stages. Undefined risks shall be quantitatively assessed and evaluated as a project contingency amount. The actual contingency should be seen as a project cost before any add-ons are included to create a lump sum price for Phase 2.
VDOT and the Design-Builder may not be able to resolve all price differences for certain pay items or for the overall price during the pricing reconciliation meeting. The VDOT PM and the Design- Builder will decide to (a) acknowledge differences, move forward with design, and attempt to continue reconciling differences during later estimates or the Phase 2 Proposal, or (b) agree that reconciliation is not possible and terminate the contract to allow VDOT to procure the construction of the project through some other method. If there are ongoing work packages at the time of termination, the Design-Builder may be allowed to continue work on active work packages until complete. VDOT’s PDB model closes the open book pricing process after acceptance of the Phase 2 Proposal. The Design-Builder proceeds with final design and construction at its own risk of meeting the agreed upon lump sum price.
Total Project Cost will be the total of the cost categories as shown below.
Project costs will be divided into two groups, direct and indirect costs. The direct project costs will be grouped by types of work or areas of work (earthwork, drainage, bridges, etc.), and the indirect project costs will include job site supervision above the foreman level, office staff, office facilities and any costs not covered by the direct costs.
All direct costs will be categorized into one of the following categories:
DIRECT
| FICA | X.XX % |
| FUTA | X.XX % |
| SUTA | X.XX % |
| HEALTH | X.XX % |
| MISC | X.XX % |
| TOTAL | X.XX % |
| FICA | X.XX % |
| FUTA | X.XX % |
| SUTA | X.XX % |
| HEALTH | X.XX % |
| MISC | X.XX % |
| TOTAL | X.XX % |
| Diesel (On-Road) | $X.XX/Gallon |
| Diesel (Off-Road) | $X.XX/Gallon |
| Gasoline | $X.XX/Gallon |
All indirect costs will be categorized into one of the following categories:
To be furnished separately.
To be furnished separately.
To be furnished separately.
To be furnished separately.