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REPORT ON
MANAGING TRENCHLESS PROJECTS FROM AN ENGINEER’S
PERSPECTIVE
by Dennis J Doherty, PE, F. ASCE, Haley & Aldrich, Inc.
National Practice Leader - Trenchless Technologies
This article is a modified version of a paper presented by the author at No-Dig 2013 in Sacramento, CA
www.haleyaldrich.com
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MANAGING TRENCHLESS PROJECTS FROM AN ENGINEER’S PERSPECTIVE
Dennis J Doherty, PE, F. ASCE, Haley & Aldrich, Bedford, New Hampshire
This article is a modified version of a paper presented by the author at No-Dig 2013 in Sacramento, CA
ABSTRACT: Growth in the trenchless industry is at a point where it is almost a part of underground
pipeline requirements. While trenchless projects become more complex by the day, there are still many
owners and engineers who do not even understand the basics of the process. This in turn leads to
project failures, contractor claims, and in some cases, legal disputes. The question is, WHY? As a side
note, failures not only include technical, but also contractual issues such as cost overruns, schedule
deviations, differing site conditions, and contract methods.
This paper will review case studies of failures and issues that have risen due to poorly managed
trenchless projects. A review of management practices to assure the success of projects will also be
made. For example, what should have been done on some of the referenced project failures that were
not? Recommendations on procedures for the less experienced engineers and owners will be made
with the intent to educate owners, engineers, and contractors on what it takes to have successful
projects.
1. INTRODUCTION
An assortment of issues arises when constructing a trenchless project. Examples of these include: a
microtunnel project drive fails due to pipe failure; there is frac-out on a long HDD under an
environmentally sensitive shell fishing area; a store has lost business because the contractor and/or
design plans allow construction operations to block access to the store; a contractor submits a delay
claim because the contract documents did not note schedule restraints, but there is a major civil event
in the project area; the owner’s engineer has limited experience with trenchless methods, does not
provide sufficient subsurface information, and the contractor submits a claim of differing site conditions
and associated delay costs; or the engineer puts all requirements for by-pass pumping on the contractor
even though flows could be in the range of hundreds of thousands of gallons per day with by-passing
between points thousands of feet apart and in a urban environment.
There are also other issues beyond the technical plans and specifications one faces when managing
trenchless projects, including risk management, identifying qualified contractors, identifying and
managing stakeholders, following procurement requirements, monitoring schedule and cost, and
managing change. The examples referred to in the body of this paper are from real world situations and
common program management practices used in many different industries. Many of the references
used are from textbooks written by experts in the field of project management.
2. TECHNICAL RISK VERSUS CONTRACTUAL RISK VERSUS POLITICAL RISK
There are three types of risk that can affect the success or failure of a trenchless project: technical,
contractual, and stakeholder risk. Technical risks are associated with the failure of a specific trenchless
method in terms of inappropriate means and methods employed by the contractor or improper
specifications. These are generally associated with the poor communication of the owner’s needs to the
engineer and/or how the engineers communicate the owner’s needs to the contractor during the
2
preparation of the contract documents to the bidding contractors translate it. In many cases the
engineer lacks a full understanding of existing conditions and selects the wrong trenchless method or
overlooks specific tooling requirements either because he doesn’t understand the conditions of the
trenchless method proposed or a specific intended trenchless method was just not in the scope of work
the contractor was to perform. In some cases, if the contract documents were clear about scope of
work, it would have resulted in a higher proposal or bid price to the owner.
The project sponsor has to not only carefully plan the procurement of contractors, but also the
procurement of the consultants. A clear, unambiguous scope must be determined by the project
sponsor and conveyed in the Request for Proposal or Invitation to Bid. The owner procuring the services
of an engineer to prepare a trenchless design must plan the procurement just as the engineer needs to
plan the work.
Contractual Risk is easier to mitigate. “One effective way to minimize contractual risk is to use a well
established pre-printed contract format to document the relationship."i
This should include clear
language and information to minimize the chances of leaving out critical information. Key milestones
should also be included on how to handle changed conditions. The scope of work must be clear not only
in identifying expected results, but also specific as to who is responsible. If work is outsourced
(subcontracted), a clear line of communications must be established and adhered to. Developing a solid
communications plan at the beginning of the project is of upmost importance; it is therefore imperative
to have an open, transparent line of internal and external communication for communicating issues and
their resolution. The communications plan should identify who should be informed of key decisions
versus communications for informational reasons only. The communications plan should also explain
how communications should occur; that is either by e-mail, web site, virtual meetings, phone
conversations, and template formatting of communications (date, project number, and subject). A line
of communications should be established of who needs to be copied, and who needs to know.
From a technical risk standpoint, the risk must be identified during the design process and mitigation
measures incorporated into the technical specifications or drawings to reduce the probability of
occurrence, including an alternative or a less costly resolution of the mitigation method proposed for
any risk event. This is generally best handled by the contractor when executing the contract, since it’s
the contractor’s means and methods that the contractor has control over. With respect to mitigating
risk in the technical specification, examples of this are the use of a Geotechnical Baseline Report, the
inclusion of Geotechnical Instrumentation to monitor ground movement, requiring close monitoring of
drill mud parameters to minimize the potential for frac-out, or identifying and communicating to the
contractor chemicals in the ground or sewer flow that may affect material behavior, and specifying
certain types of liner or pipe material.
In both contractual and technical risk, the risks need to be quantified and qualified to identify the risk
with the most impact to the project. A Risk Register should be started during the project planning and
updated on a regular basis. Every time a risk is identified, it should be written down. The list should be
reviewed, analyzed, assessed, and periodically updated. Specific trigger events that signal occurrence of
the risk should be identified with probable risk mitigation measures to minimize probability or impact,
identify who is best capable of controlling and managing the risk, and assigning a risk owner, those best
able to manage it. Key ideas for risk discovery include:ii
 Minimize differences between project plans and objectives;
 Understand and clearly document project priorities;
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 Explore project opportunities;
 Use priorities to identify project alternatives;
 Identify and explicitly remove unnecessary project scope;
 Determine risk and costs of proposed project changes; and
 Minimize unknown risk through brainstorming, analysis, and research.
In the Qualitative Risk Analysis, the probability of the event occurring should be identified at a minimum
as high, medium, or low. The impact from an event that could occur should likewise be rated as high
impact, medium impact, and low impact. Figure 1 below is a sample of a qualitative risk analysis.
Those risks in the upper right quadrants of the figure should be focused on and addressed first. Note
that as risk mitigation methods are applied, the risk may change quadrants. An example of this is a
microtunnel project where the risk of hitting cobbles and boulders will stop the forward progress of the
microtunnel machine. The impact or consequences may result in a costly emergency retrieval shaft,
delay to the project schedule, and impacts to surface activities such as traffic and existing utilities. A
possible mitigation measure is to clearly state in the technical specifications that the contractor use
tooling on the face of the microtunnel machine to handle cobbles and boulders. The impact remains the
same, but the probability of the event occurring is reduced, thus lowering the risk level. Of course this
does come at a cost, as the microtunnel machine is modified, but the cost is generally significantly lower
than the cost of an emergency retrieval shaft. Another mitigation option is to change the vertical
alignment, the horizontal alignment, or both, but this is not always practical in an urban environment
and could be at a higher cost if a longer alignment is selected.
Risk can include bad publicity due to actual or perceived failure. Stakeholders are generally the
recipients of publicity (good or bad). Having a good public relations program before, during, and after a
trenchless construction project can control this, but it needs to be planned for and managed. This is
political risk. Political risk also includes decisions made (good or bad) to appease certain stakeholders.
Political risk can ruin a project just as easily as technical and contractual risk. See Stakeholders
Management below.
Figure 1 - Qualitative Risk Analysis
iii
4
3. SELECTING QUALIFIED CONTRACTORS
As the television advertisement states, the fact that you stayed at a Holiday Inn Express does not make
you an expert. As another television advertisement states, you would not want your doctor replacing
you on your construction job, just as you would not want to prescribe medicine. The point is everyone
has a certain level of expertise in some field. This is especially true in the trenchless industry.
Competition is a principle premise for keeping project costs under control. As noted by David Kassel,iv
“competition provides a significant incentive for contractors to deliver their services at competitive
pricing, produce high quality services and adhere to their schedule commitments.” However,
competition can also bring out the worst in people. Contractors may low-ball pricing to win work while
hoping to make up the difference in change orders. This is not ethical and can result in selecting
unqualified contractors (or consultants) to undertake the work. Some contractors (and consultants)
purposely look for potential change orders prior to bidding or proposing on a project. They then submit
low pricing knowing they will be able to submit costly claims for change orders.
Many states and state agencies have rules and regulations relative to prequalifying consultants and
contractors. For example, many states require contractors be prequalified prior to them being allowed
to bid on special types of projects (this would include trenchless projects where skill levels are
important). Prequalification can be conducted via a series of questionnaires related to financial stability,
unfinished work, claims, technical ability, and similar projects that they may be allowed to bid on,
including the technologies used on a project, references, and law suits. These types of qualifications are
generally for public projects. Although the same governmental laws do not restrain private projects,
prequalifying contractors on private work is prudent to control risk.
Consider the project complexity and risk when determining the prequalification level for trenchless
projects. On the one hand, we want to grow experience and the pool of qualified contractors in the
trenchless industry; on the other hand, we do not necessarily want inexperienced contractors (or
consultants) working on high-risk projects. And in many cases, we only want the best-qualified and
experienced contractors or consultants working on the project when the dollar value and risk are high.
Along with the questionnaires used to solicit contractor and consultant qualifications, the public agency
or private company needs to establish a rating system to evaluate the various contractors and
consultants on an even and consistent basis. The evaluation should include and take into accountv
past
performance, key personnel with relevant experience, and information on subcontractors who will be
performing major or critical aspects of a contract.
4. STAKEHOLDERS MANAGEMENT
There are stakeholders for every project. Stakeholders are more than just the owner (project sponsor),
the engineer, the contractor, and supply vendors; stakeholders are also permitting agencies, the public
in the project area affected by the construction activities, public and private institutions (schools,
hospitals, nursing homes), and commercial establishments in the project area. Stakeholders are also
end users, ratepayers, public transit systems, and first responders. Managing these stakeholders
correctly can make the trenchless project successful. The key here is to identify the key stakeholders
and how much interest and power they may have on the project early in the planning process. vi
Those
with power may influence (good or bad) decisions that affect planning. For example, locating work
5
zones in an urban environment for microtunnel operations can be challenging. An opponent with power
could influence a work zone location in the area of their commercial establishment, forcing it into a busy
intersection affecting traffic flow and causing delays. Or a microtunnel or pipe jack drive could be made
longer, increasing the risk of drive failure. Another example is a building owner who may not allow
inspection or repair to service laterals, thus reducing the effectiveness of an I/I removal program.
However, if stakeholders are identified and managed properly, many of these issues can go away.
Managing the stakeholders needs to be looked at in terms of a grid where certain stakeholders need to
be kept informed more than others. Figure 2 below is an example of identifying key stakeholders and
how to manage them.
“You now need to know more about your key stakeholders. You need to know how they are likely to feel
about and react to your project. You also need to know how best to engage them in your project and
how best to communicate with them. ”vii
Key questions to help you understand your stakeholders are:
 What financial or emotional interest do they have in the outcome of your work? Is it positive or
negative?
 What motivates them most of all?
 What information do they want from you?
 How do they want to receive information from you? What is the best way of communicating
your message to them?
 What is their current opinion of your work? Is it based on good information?
 Who generally influences their opinions, and who influences their opinion of you? Do some of
these influencers therefore become important stakeholders in their own right?
 If they are not likely to be positive, what will win them around to support your project?
 If you don't think you will be able to win them around, how will you manage their opposition?
 Who else might be influenced by their opinions? Do these people become stakeholders in their
own right?
The best way to answer these questions is to talk to your stakeholders directly – people are often quite
open about their views, and asking for their opinion is often the first step in building a successful
relationship. You can summarize the understanding you have gained on the stakeholder map so you can
easily see which stakeholders are expected to be blockers or critics and which are likely to be advocates
and supporters of your project. A good way of doing this is by color-coding: show advocates and
supporters in green, blockers and critics in red, and others who are neutral in orange.
6
Figure -2 - Stakeholder Analysis Tool
Once key stakeholders and their concerns are identified, a plan can be put together that identifies each
stakeholder’s key issues, how best to communicate with them, and how and when they should be
informed. However, all communications (in public projects) still need to be transparent, timely, and
effective.
5. PUBLIC PROCUREMENT LAWS VERSUS PRIVATE PROCUREMENT ISSUES
Procurement laws in private projects are much more lenient than those in public projects, although in
many private projects that affect the public, such as utilities regulated by public agencies or receive
government funding, the differences are much less. However, there are strict requirements in public
procurement because the public agency is accountable for the public funds being expended.
In private procurement, the project sponsor does not have to put projects out to bid, although it is
prudent to do so for high dollar value projects. The project sponsor can be selective on who is invited to
bid or propose on a project. The private sponsor could single source the project if desired. One note
here on single source. In private work, sole source means there is only one available consultant or
contractor who performs the work. The term single source in private work means there are multiple
qualified bidders, but only one selected to provide a price (bid). In government projects the term single
and sole source mean the same thing.
In public procurement, almost all public agencies are required to follow Federal Acquisition Regulations
(FAR), a group of regulations that govern the purchase of goods and servicesviii
. This is required if
Federal Funds are being used, but in many cases state and local agencies follow FAR or some form of it.
7
The Government Accountability Office describes a successful public procurement system to include:
 Transparency;
 Accountability;
 Integrity;
 Competition;
 Organizational alignment and leadership;
 Human capital management, and
 Knowledge and information management.
These are good procurement practices even for private projects. With respect to knowledge and
information management, the Federal Funding and Accountability Transparency Act require the
establishment of a free, online database disclosing federal contract award information. Many state and
local agencies have similar requirements. These laws and regulation force contractors and consultants
to have integrity and accountability when competing for projects.
6. MONITORING SCHEDULE AND COST
“Projects fail most often because of poorly written or misinterpreted requirements. But once a project is
begun, controlling schedule and cost is the most difficult aspect of managing the project.” ix
Construction cost estimates prepared by engineers for owner budgetary purposes need to be more than
parametric estimates or dependent on cost supplied by vendors and contractors, or depend on historical
data from past projects except in the early phases of the project when there are too many unknowns.
As the project design nears completion and is being readied for bid by contractors, the estimate need to
be a bottom up estimate accounting for material, rentals, labor, profit, overhead, insurance, and prime
sub mark-ups. Some of the biggest mistakes in estimating are using outdated data or relying on lower
level technical people with minimal to no training in estimating practices. Other issues include arbitrary
changes to cost estimates by senior personnel and too much dependence on vendor pricing. These
issues occur more often with small to midsize companies and agencies that lack the resources and staff
that larger engineering firms, contractors, and large public agencies may have access to.
The estimates should be prepared based on the scope of work and contract documents and by
engineers and estimators familiar with the trenchless method to be used. One of the biggest issues in
estimating trenchless projects is that if the engineer does not know how the trenchless method is
employed it is difficult to estimate the cost or how long the project will take; they simply throw an
allowance at it, but are the allowance real or a guess? Subject matter experts with expertise in a specific
trenchless method should always be consulted when allowances are in question.
In addition to the engineer’s estimate, the question asked should be how is the work to be performed by
the contractor and in what sequence? Another problem is how will the contractor measure work? It
needs to be clearly indicated in the Contract Documents. Nor is the contractor informed on what is or is
not in the payment item. Many times the estimate does not match what is in the Contract Documents,
or the estimator makes assumptions of what is included and what is not included, but these
assumptions are never stated to the contractor. This can lead to change orders and claims.
8
Once a reasonable estimate is completed, it should become the baseline for measuring project progress
and determining affects of changes on the overall budget.
One of the most difficult issues in managing trenchless projects is estimating the durations for installing
trenchless methods, including down time. Schedule estimates require both logical mathematics and
experience in a specific trenchless method. Scheduling is one of the most important items for the
manager of a trenchless project to prepare, for it is used to monitor and control the work. However, in
many cases it is also one of the hardest tasks for the manager to perform, especially if the manager has
limited experience in trenchless projects. For example, estimating production rates (advance rates
through the ground) for microtunnel, pipe jack, auger bore, and horizontal directional drilling for new
installation projects is dependent on both the method and geology. For cured-in-place pipelines, cure
time is dependent on several factors, including the amount of resin and the size and length of the pipe.
Setup time for both new and rehabilitation trenchless methods is often overlooked or widely estimated.
One last note: estimates and schedules also apply to the engineering activities prior to construction.
There is a cost and schedule associated with planning and designing trenchless projects. One of the
most often overlooked items is the preliminary fieldwork required to assess site conditions (including
subsurface), environmental assessment, stakeholder meetings, and identifying utility conflict. This, plus
the time it takes to work with regulators and permit agencies can cause schedule delays and cost
overruns. Project estimators for both cost and schedule often underestimate theses costs and the time
it takes to obtain sign-off and other permit approvals/authorizations. In many cases agencies, planners,
and engineers want to present an optimistic cost and schedule so as not to scare away project sponsors,
but is this realistic? Sometimes the permit process can take several months instead of just weeks
because of changes in political climate, work overload at the permitting agencies, a lack of
understanding the trenchless process, or just plain finicky permit review staff that make constant
requests for information or changes to permit drawings. This is especially true for water crossings using
horizontal directional drilling. This is why it is important to have someone on the project team who
understands the permitting process and knows the key players at the permitting agencies.
This is especially true in urban environments where numerous public and private utilities may be
affected by construction; it is even more so with private utilities. Unless the project immediately affects
their utility, they generally do not look at information forwarded to them. Discovering issues in the field
during construction can cause delays to the project and add cost to mitigate issues and the time lost to
resolve them. Potential issues should be identified at about the 50 to 70 % design phase. Meetings
should occur with each utility owner to review issues and plan mitigation. In some states, allowances
called Force Accounts are made to cover the cost of utility relocation conflicts. In other states,
especially for wastewater projects, the wastewater agency has the authority to force relocation if it
interferes with public health. The private utility owners are forced to pay for the relocation of their own
utility. Either way, dealing with the issue in the field during construction will cause additional cost and
delay. It is better to plan for the utility relocation during the planning and design process before a
shovel is put in the ground.
7. MANAGING CHANGE
“The problem of keeping a project on track and controlling impacts to scope, cost, and schedule is
controlling change.”x
Change will happen, regardless of how well planned the project is. There could be changes to schedule,
scope, or cost, unforeseen changes in site conditions, or changes forced by stakeholders. Managing
9
these changes and their effects on scope, schedule, and cost are critical. This is especially true in new
installation projects using microtunneling and horizontal directional drilling. Close project monitoring is
imperative. Requiring weekly reports both during the design and construction can do this. Schedule
and cost variances can be monitored and adjustments made as necessary from the reports to make
corrective actions. Taylorxi
notes in his book that variants are due to estimating errors, technical
problems, management problems, economic and market fluctuations, acts of nature, subcontractor and
vendor issues, and longer lead times to procure material than originally estimated.
A key to managing change is to develop a change management plan and assign a change controller who
will assist in reviewing change, hold periodic review meetings with all parties involved in the project,
document the change (and cause), define the change approval process, and hold a post mortem
meeting to examine why the change occurred and how to deal with it. High-risk changes may take
longer because it takes more time to evaluate the cause and find a solution. With each change, the risk
caused by the change and the risk associated with the solution must also be evaluated.
Many times, changes result in disputes as to cause and who’s responsible to fix it. The key to avoiding
disputes is to have a good line of communications and documentation in place. As noted, monitoring
work being executed is critical. The integrity of the person(s) assigned to monitor work must go without
question. They have to be skilled in observing work and report writing. Most importantly, they must
understand the trenchless method being deployed.
Change requires action plans and in some cases may require changes in the original plan to execute the
work. For example, an unforeseen break occurs in a pipe that is to be rehabilitated. Cause may have
been an insufficient evaluation during the engineering and planning phase, or the break could have
occurred between the time the engineering was conducted and the contractor executed the work in the
field. The questions are, who was responsible, what is the fix, and how is it paid for? Another example
is in a pipe bursting operation. Was the rock that fell in the trench during the original construction
foreseeable? Or in a microtunnel operation: did the contractor select the correct tooling for the
microtunnel machine head or was there a changed condition? The latter is usually the most difficult to
resolve. The critical issue here is who pays for it. Or in a horizontal directional drilling operation: did the
contractor have the right size mud motor to drill through known rock? All of these are issues that cause
change.
Change can come from anywhere and for almost any cause. It can come directly from the execution of
the project, or as noted above from stakeholders such as businesses or regulatory agencies. One of the
biggest issues in horizontal directional drilling is the concern over frac-out. Although many regulatory
agencies have gained a better understanding of the horizontal directional drilling process, there are still
many who do not understand it, or who having experienced frac-out are now shy of it. Frac-out can be
mitigated but not always stopped and the regulatory agencies (and owners) must understand this. Frac-
out risk control can be handled by requirements placed in the technical specifications to monitor down
hole drill mud pressures, but no one knows if the ground is fractured in such a way that there is a
preferential path for drill mud to come to the surface. I worked on a project where there was a
subsurface boring in the middle of a water body installed in the 1930s. Seventy years later we found the
geotechnical boring when drill mud suddenly came to the surface and we lost drill mud circulation. It
happens. But good communications helped resolve the issue. The cause of the issue was determined, a
fix identified, and the project was ultimately a success, albeit at additional cost to the owner.
10
8. CONTRACT TYPES AND DELIVERY METHODS
In trenchless projects, as in all types of projects, there are a number of contract types that can be used.
Contract types are not to be confused with contract delivery methods. Contract delivery methods are
how the contractor or consultant delivers the project to the owner. Contract type is how the owner
pays the contractor or consultant. With respect to contract delivery methods, the two most common
are the classic design-bid-build, and the design build. Design-bid-build is still the most common method
used by government agencies in trenchless projects, although design-build is gaining greater
acceptance, especially for large CSO Tunnel work. One method gaining favor in the private industry,
particularly in power transmission, is Engineer-Procure Construct (EPC), and Engineer-Procure-
Construction Management. EPCs help to distribute risk to the entity that can best manage the risk. For
example, engineers are better at planning, obtaining subsurface information, and designing trenchless
projects, whereas, contractors are better at executing the work based on means and methods. The EPC
type contract, like design-build, does reduce overall project duration. The engineer will generally
conduct field investigations, identify problems and risk, and plan the work. It is not the engineer who
completes the design of an EPC project, but rather the contractor, based on the contractor’s individual
means and methods needed to execute the work. In some instances, when there is a long lead-time to
procure material, such as high voltage cable used in pipe type cable, the engineer will assist the project
owner in procuring the cable and other long lead items early in the overall project.
There are a number of contract types, each with its own advantage and disadvantage based on who is
assigned the risk, what kind of performance incentives are given to the trenchless contractor, and how
inflation (material and labor) is paid for. The Congressional Research Services notes that contract types
are basically divided into two types: fixed price (aka-Lump Sum) and cost reimbursement. “With a fixed-
price contract, the Contractor assumes this risk because it agrees to provide goods or services. If the
performance costs exceed this price, the contractor generally cannot, absent a price adjustment clause,
recover more money. In contrast, with a cost-reimbursement contract, the owner assumes the risk of
increases in performance costs because it agrees to repay the contractor for the allowable costs of
performing certain work up to a total cost specified in the contract. ” xii
There are a number of variants of
these two main contract types that consider changes in economic conditions, provide incentives to
contractors and consultants for performance, and cost sharing types of contracts. A third type of
contract is a Time and Material contract. These are rarely used in trenchless projects except in
emergency cases.
The Office of Management and Budget Guidance on “Appropriate Use and Oversight” of Contract
Types”xiii
has a number of key question and considerations. How is the agency choosing the best contract
type for the acquisition of services? How is the agency mitigating the risk when cost reimbursement or
time-and-materials/ labor-hour contracts are used? How is the agency creating opportunities to
transition to “lower risk” contracts?
The considerations are:
 Determine the level of uncertainty;
 Use incentives to motivate lower costs with improved delivery or technical performance and
discourage contractor inefficiency and waste;
 Ensure contractor costs are reasonable and the contractor is making progress in accordance
with the contract’s performance schedule (e. g. determine the contractor’s accounting system is
11
adequate, have appropriate government surveillance in place to provide reasonable assurance
that efficient methods and effective costs controls are in place);
 Link payment to performance on cost-plus-award-fee contracts (e. g., determine an award fee
contract is appropriate; tie fees to cost, timeliness, and the quality of the contractor’s
performance; follow prescribed standards for differentiating between levels of performance and
the corresponding percentage of available award fee that can be earned; prohibit “roll over” of
award fees and payment of award fees for unsatisfactory performance);
 Determine the appropriateness of time and materials or labor-hour contracts in commercial
acquisitions (i.e., ensure sufficient analysis underlies the decision, including an explanation of
why a fixed-price contract is unsuitable);
 Provide for the necessary skills and capacity in the acquisition workforce to award and manage a
cost-type contract;
 Use appropriate mechanisms, such as contract review boards, peer reviews, or contract type
advocates to bring additional expertise to bear in determining the best contract type; and
 Award contracts that allow the agency to choose between a fixed-price, cost reimbursement, or
time and materials or labor-hour basis for the payment of different contract requirements.
The sponsor of the trenchless project needs to carefully consider which contract type will best meet
their needs, their understanding of the trenchless methods, and their tolerances to risk.
9. SUMMARY
Trenchless projects are inherently risky with a potential for cost overruns, unhappy stakeholders,
schedule delays due to unknown conditions, poorly written scopes of work, poorly written technical and
contractual language, and poorly executed work which can lead to bad feelings by all involved, and in
some cases turn owners away from using trenchless methods. However, by managing the project from
cradle to grave, the trenchless project stands to increase the chance of success, and in some cases
become a model where the public and others demand the use of trenchless projects. Managing
trenchless projects using industry practices for project management can be time consuming, but
generally leads to a successful project. The key is to manage all risk, cost, scope, and schedule to assure
success.
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References
i. Tom Kendrick – Identifying and Managing Project Risk - AMACOM
ii. Tom Kendrick – Identifying and Managing Project Risk - AMACOM
iii. http://www. riskagenda. com/bite6. Htm
iv. David S. Kassel – Managing Public Sector Projects – CRC Press
v. David S. Kassel – Managing Public Sector Projects – CRC Press
vi. David S. Kassel – Managing Public Sector Projects – CRC Press
vii. Rachel Thompson – Stakeholder Analysis-Winning Support for Your Projects – www.
mindtools. com/pages/article/newPPM_07. htm
viii. David S. Kassel – Managing Public Sector Projects – CRC Press
ix. James C. Taylor – Project Scheduling and Cost Control – J. Ross Publishing
x. James C. Taylor – Project Scheduling and Cost Control – J. Ross Publishing
xi. James C. Taylor – Project Scheduling and Cost Control – J. Ross Publishing
xii. Kate M. Manuel - Contract Types: An Overview of the Legal Requirements and Issues –
Congressional Research Services, October 1, 2010
xiii. Kate M. Manuel - Contract Types: An Overview of the Legal Requirements and Issues –
Congressional Research Services, October 1, 2010

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2015_0220_HAI_TM1-T6-05_F_cls

  • 1. REPORT ON MANAGING TRENCHLESS PROJECTS FROM AN ENGINEER’S PERSPECTIVE by Dennis J Doherty, PE, F. ASCE, Haley & Aldrich, Inc. National Practice Leader - Trenchless Technologies This article is a modified version of a paper presented by the author at No-Dig 2013 in Sacramento, CA www.haleyaldrich.com
  • 2. 1 MANAGING TRENCHLESS PROJECTS FROM AN ENGINEER’S PERSPECTIVE Dennis J Doherty, PE, F. ASCE, Haley & Aldrich, Bedford, New Hampshire This article is a modified version of a paper presented by the author at No-Dig 2013 in Sacramento, CA ABSTRACT: Growth in the trenchless industry is at a point where it is almost a part of underground pipeline requirements. While trenchless projects become more complex by the day, there are still many owners and engineers who do not even understand the basics of the process. This in turn leads to project failures, contractor claims, and in some cases, legal disputes. The question is, WHY? As a side note, failures not only include technical, but also contractual issues such as cost overruns, schedule deviations, differing site conditions, and contract methods. This paper will review case studies of failures and issues that have risen due to poorly managed trenchless projects. A review of management practices to assure the success of projects will also be made. For example, what should have been done on some of the referenced project failures that were not? Recommendations on procedures for the less experienced engineers and owners will be made with the intent to educate owners, engineers, and contractors on what it takes to have successful projects. 1. INTRODUCTION An assortment of issues arises when constructing a trenchless project. Examples of these include: a microtunnel project drive fails due to pipe failure; there is frac-out on a long HDD under an environmentally sensitive shell fishing area; a store has lost business because the contractor and/or design plans allow construction operations to block access to the store; a contractor submits a delay claim because the contract documents did not note schedule restraints, but there is a major civil event in the project area; the owner’s engineer has limited experience with trenchless methods, does not provide sufficient subsurface information, and the contractor submits a claim of differing site conditions and associated delay costs; or the engineer puts all requirements for by-pass pumping on the contractor even though flows could be in the range of hundreds of thousands of gallons per day with by-passing between points thousands of feet apart and in a urban environment. There are also other issues beyond the technical plans and specifications one faces when managing trenchless projects, including risk management, identifying qualified contractors, identifying and managing stakeholders, following procurement requirements, monitoring schedule and cost, and managing change. The examples referred to in the body of this paper are from real world situations and common program management practices used in many different industries. Many of the references used are from textbooks written by experts in the field of project management. 2. TECHNICAL RISK VERSUS CONTRACTUAL RISK VERSUS POLITICAL RISK There are three types of risk that can affect the success or failure of a trenchless project: technical, contractual, and stakeholder risk. Technical risks are associated with the failure of a specific trenchless method in terms of inappropriate means and methods employed by the contractor or improper specifications. These are generally associated with the poor communication of the owner’s needs to the engineer and/or how the engineers communicate the owner’s needs to the contractor during the
  • 3. 2 preparation of the contract documents to the bidding contractors translate it. In many cases the engineer lacks a full understanding of existing conditions and selects the wrong trenchless method or overlooks specific tooling requirements either because he doesn’t understand the conditions of the trenchless method proposed or a specific intended trenchless method was just not in the scope of work the contractor was to perform. In some cases, if the contract documents were clear about scope of work, it would have resulted in a higher proposal or bid price to the owner. The project sponsor has to not only carefully plan the procurement of contractors, but also the procurement of the consultants. A clear, unambiguous scope must be determined by the project sponsor and conveyed in the Request for Proposal or Invitation to Bid. The owner procuring the services of an engineer to prepare a trenchless design must plan the procurement just as the engineer needs to plan the work. Contractual Risk is easier to mitigate. “One effective way to minimize contractual risk is to use a well established pre-printed contract format to document the relationship."i This should include clear language and information to minimize the chances of leaving out critical information. Key milestones should also be included on how to handle changed conditions. The scope of work must be clear not only in identifying expected results, but also specific as to who is responsible. If work is outsourced (subcontracted), a clear line of communications must be established and adhered to. Developing a solid communications plan at the beginning of the project is of upmost importance; it is therefore imperative to have an open, transparent line of internal and external communication for communicating issues and their resolution. The communications plan should identify who should be informed of key decisions versus communications for informational reasons only. The communications plan should also explain how communications should occur; that is either by e-mail, web site, virtual meetings, phone conversations, and template formatting of communications (date, project number, and subject). A line of communications should be established of who needs to be copied, and who needs to know. From a technical risk standpoint, the risk must be identified during the design process and mitigation measures incorporated into the technical specifications or drawings to reduce the probability of occurrence, including an alternative or a less costly resolution of the mitigation method proposed for any risk event. This is generally best handled by the contractor when executing the contract, since it’s the contractor’s means and methods that the contractor has control over. With respect to mitigating risk in the technical specification, examples of this are the use of a Geotechnical Baseline Report, the inclusion of Geotechnical Instrumentation to monitor ground movement, requiring close monitoring of drill mud parameters to minimize the potential for frac-out, or identifying and communicating to the contractor chemicals in the ground or sewer flow that may affect material behavior, and specifying certain types of liner or pipe material. In both contractual and technical risk, the risks need to be quantified and qualified to identify the risk with the most impact to the project. A Risk Register should be started during the project planning and updated on a regular basis. Every time a risk is identified, it should be written down. The list should be reviewed, analyzed, assessed, and periodically updated. Specific trigger events that signal occurrence of the risk should be identified with probable risk mitigation measures to minimize probability or impact, identify who is best capable of controlling and managing the risk, and assigning a risk owner, those best able to manage it. Key ideas for risk discovery include:ii  Minimize differences between project plans and objectives;  Understand and clearly document project priorities;
  • 4. 3  Explore project opportunities;  Use priorities to identify project alternatives;  Identify and explicitly remove unnecessary project scope;  Determine risk and costs of proposed project changes; and  Minimize unknown risk through brainstorming, analysis, and research. In the Qualitative Risk Analysis, the probability of the event occurring should be identified at a minimum as high, medium, or low. The impact from an event that could occur should likewise be rated as high impact, medium impact, and low impact. Figure 1 below is a sample of a qualitative risk analysis. Those risks in the upper right quadrants of the figure should be focused on and addressed first. Note that as risk mitigation methods are applied, the risk may change quadrants. An example of this is a microtunnel project where the risk of hitting cobbles and boulders will stop the forward progress of the microtunnel machine. The impact or consequences may result in a costly emergency retrieval shaft, delay to the project schedule, and impacts to surface activities such as traffic and existing utilities. A possible mitigation measure is to clearly state in the technical specifications that the contractor use tooling on the face of the microtunnel machine to handle cobbles and boulders. The impact remains the same, but the probability of the event occurring is reduced, thus lowering the risk level. Of course this does come at a cost, as the microtunnel machine is modified, but the cost is generally significantly lower than the cost of an emergency retrieval shaft. Another mitigation option is to change the vertical alignment, the horizontal alignment, or both, but this is not always practical in an urban environment and could be at a higher cost if a longer alignment is selected. Risk can include bad publicity due to actual or perceived failure. Stakeholders are generally the recipients of publicity (good or bad). Having a good public relations program before, during, and after a trenchless construction project can control this, but it needs to be planned for and managed. This is political risk. Political risk also includes decisions made (good or bad) to appease certain stakeholders. Political risk can ruin a project just as easily as technical and contractual risk. See Stakeholders Management below. Figure 1 - Qualitative Risk Analysis iii
  • 5. 4 3. SELECTING QUALIFIED CONTRACTORS As the television advertisement states, the fact that you stayed at a Holiday Inn Express does not make you an expert. As another television advertisement states, you would not want your doctor replacing you on your construction job, just as you would not want to prescribe medicine. The point is everyone has a certain level of expertise in some field. This is especially true in the trenchless industry. Competition is a principle premise for keeping project costs under control. As noted by David Kassel,iv “competition provides a significant incentive for contractors to deliver their services at competitive pricing, produce high quality services and adhere to their schedule commitments.” However, competition can also bring out the worst in people. Contractors may low-ball pricing to win work while hoping to make up the difference in change orders. This is not ethical and can result in selecting unqualified contractors (or consultants) to undertake the work. Some contractors (and consultants) purposely look for potential change orders prior to bidding or proposing on a project. They then submit low pricing knowing they will be able to submit costly claims for change orders. Many states and state agencies have rules and regulations relative to prequalifying consultants and contractors. For example, many states require contractors be prequalified prior to them being allowed to bid on special types of projects (this would include trenchless projects where skill levels are important). Prequalification can be conducted via a series of questionnaires related to financial stability, unfinished work, claims, technical ability, and similar projects that they may be allowed to bid on, including the technologies used on a project, references, and law suits. These types of qualifications are generally for public projects. Although the same governmental laws do not restrain private projects, prequalifying contractors on private work is prudent to control risk. Consider the project complexity and risk when determining the prequalification level for trenchless projects. On the one hand, we want to grow experience and the pool of qualified contractors in the trenchless industry; on the other hand, we do not necessarily want inexperienced contractors (or consultants) working on high-risk projects. And in many cases, we only want the best-qualified and experienced contractors or consultants working on the project when the dollar value and risk are high. Along with the questionnaires used to solicit contractor and consultant qualifications, the public agency or private company needs to establish a rating system to evaluate the various contractors and consultants on an even and consistent basis. The evaluation should include and take into accountv past performance, key personnel with relevant experience, and information on subcontractors who will be performing major or critical aspects of a contract. 4. STAKEHOLDERS MANAGEMENT There are stakeholders for every project. Stakeholders are more than just the owner (project sponsor), the engineer, the contractor, and supply vendors; stakeholders are also permitting agencies, the public in the project area affected by the construction activities, public and private institutions (schools, hospitals, nursing homes), and commercial establishments in the project area. Stakeholders are also end users, ratepayers, public transit systems, and first responders. Managing these stakeholders correctly can make the trenchless project successful. The key here is to identify the key stakeholders and how much interest and power they may have on the project early in the planning process. vi Those with power may influence (good or bad) decisions that affect planning. For example, locating work
  • 6. 5 zones in an urban environment for microtunnel operations can be challenging. An opponent with power could influence a work zone location in the area of their commercial establishment, forcing it into a busy intersection affecting traffic flow and causing delays. Or a microtunnel or pipe jack drive could be made longer, increasing the risk of drive failure. Another example is a building owner who may not allow inspection or repair to service laterals, thus reducing the effectiveness of an I/I removal program. However, if stakeholders are identified and managed properly, many of these issues can go away. Managing the stakeholders needs to be looked at in terms of a grid where certain stakeholders need to be kept informed more than others. Figure 2 below is an example of identifying key stakeholders and how to manage them. “You now need to know more about your key stakeholders. You need to know how they are likely to feel about and react to your project. You also need to know how best to engage them in your project and how best to communicate with them. ”vii Key questions to help you understand your stakeholders are:  What financial or emotional interest do they have in the outcome of your work? Is it positive or negative?  What motivates them most of all?  What information do they want from you?  How do they want to receive information from you? What is the best way of communicating your message to them?  What is their current opinion of your work? Is it based on good information?  Who generally influences their opinions, and who influences their opinion of you? Do some of these influencers therefore become important stakeholders in their own right?  If they are not likely to be positive, what will win them around to support your project?  If you don't think you will be able to win them around, how will you manage their opposition?  Who else might be influenced by their opinions? Do these people become stakeholders in their own right? The best way to answer these questions is to talk to your stakeholders directly – people are often quite open about their views, and asking for their opinion is often the first step in building a successful relationship. You can summarize the understanding you have gained on the stakeholder map so you can easily see which stakeholders are expected to be blockers or critics and which are likely to be advocates and supporters of your project. A good way of doing this is by color-coding: show advocates and supporters in green, blockers and critics in red, and others who are neutral in orange.
  • 7. 6 Figure -2 - Stakeholder Analysis Tool Once key stakeholders and their concerns are identified, a plan can be put together that identifies each stakeholder’s key issues, how best to communicate with them, and how and when they should be informed. However, all communications (in public projects) still need to be transparent, timely, and effective. 5. PUBLIC PROCUREMENT LAWS VERSUS PRIVATE PROCUREMENT ISSUES Procurement laws in private projects are much more lenient than those in public projects, although in many private projects that affect the public, such as utilities regulated by public agencies or receive government funding, the differences are much less. However, there are strict requirements in public procurement because the public agency is accountable for the public funds being expended. In private procurement, the project sponsor does not have to put projects out to bid, although it is prudent to do so for high dollar value projects. The project sponsor can be selective on who is invited to bid or propose on a project. The private sponsor could single source the project if desired. One note here on single source. In private work, sole source means there is only one available consultant or contractor who performs the work. The term single source in private work means there are multiple qualified bidders, but only one selected to provide a price (bid). In government projects the term single and sole source mean the same thing. In public procurement, almost all public agencies are required to follow Federal Acquisition Regulations (FAR), a group of regulations that govern the purchase of goods and servicesviii . This is required if Federal Funds are being used, but in many cases state and local agencies follow FAR or some form of it.
  • 8. 7 The Government Accountability Office describes a successful public procurement system to include:  Transparency;  Accountability;  Integrity;  Competition;  Organizational alignment and leadership;  Human capital management, and  Knowledge and information management. These are good procurement practices even for private projects. With respect to knowledge and information management, the Federal Funding and Accountability Transparency Act require the establishment of a free, online database disclosing federal contract award information. Many state and local agencies have similar requirements. These laws and regulation force contractors and consultants to have integrity and accountability when competing for projects. 6. MONITORING SCHEDULE AND COST “Projects fail most often because of poorly written or misinterpreted requirements. But once a project is begun, controlling schedule and cost is the most difficult aspect of managing the project.” ix Construction cost estimates prepared by engineers for owner budgetary purposes need to be more than parametric estimates or dependent on cost supplied by vendors and contractors, or depend on historical data from past projects except in the early phases of the project when there are too many unknowns. As the project design nears completion and is being readied for bid by contractors, the estimate need to be a bottom up estimate accounting for material, rentals, labor, profit, overhead, insurance, and prime sub mark-ups. Some of the biggest mistakes in estimating are using outdated data or relying on lower level technical people with minimal to no training in estimating practices. Other issues include arbitrary changes to cost estimates by senior personnel and too much dependence on vendor pricing. These issues occur more often with small to midsize companies and agencies that lack the resources and staff that larger engineering firms, contractors, and large public agencies may have access to. The estimates should be prepared based on the scope of work and contract documents and by engineers and estimators familiar with the trenchless method to be used. One of the biggest issues in estimating trenchless projects is that if the engineer does not know how the trenchless method is employed it is difficult to estimate the cost or how long the project will take; they simply throw an allowance at it, but are the allowance real or a guess? Subject matter experts with expertise in a specific trenchless method should always be consulted when allowances are in question. In addition to the engineer’s estimate, the question asked should be how is the work to be performed by the contractor and in what sequence? Another problem is how will the contractor measure work? It needs to be clearly indicated in the Contract Documents. Nor is the contractor informed on what is or is not in the payment item. Many times the estimate does not match what is in the Contract Documents, or the estimator makes assumptions of what is included and what is not included, but these assumptions are never stated to the contractor. This can lead to change orders and claims.
  • 9. 8 Once a reasonable estimate is completed, it should become the baseline for measuring project progress and determining affects of changes on the overall budget. One of the most difficult issues in managing trenchless projects is estimating the durations for installing trenchless methods, including down time. Schedule estimates require both logical mathematics and experience in a specific trenchless method. Scheduling is one of the most important items for the manager of a trenchless project to prepare, for it is used to monitor and control the work. However, in many cases it is also one of the hardest tasks for the manager to perform, especially if the manager has limited experience in trenchless projects. For example, estimating production rates (advance rates through the ground) for microtunnel, pipe jack, auger bore, and horizontal directional drilling for new installation projects is dependent on both the method and geology. For cured-in-place pipelines, cure time is dependent on several factors, including the amount of resin and the size and length of the pipe. Setup time for both new and rehabilitation trenchless methods is often overlooked or widely estimated. One last note: estimates and schedules also apply to the engineering activities prior to construction. There is a cost and schedule associated with planning and designing trenchless projects. One of the most often overlooked items is the preliminary fieldwork required to assess site conditions (including subsurface), environmental assessment, stakeholder meetings, and identifying utility conflict. This, plus the time it takes to work with regulators and permit agencies can cause schedule delays and cost overruns. Project estimators for both cost and schedule often underestimate theses costs and the time it takes to obtain sign-off and other permit approvals/authorizations. In many cases agencies, planners, and engineers want to present an optimistic cost and schedule so as not to scare away project sponsors, but is this realistic? Sometimes the permit process can take several months instead of just weeks because of changes in political climate, work overload at the permitting agencies, a lack of understanding the trenchless process, or just plain finicky permit review staff that make constant requests for information or changes to permit drawings. This is especially true for water crossings using horizontal directional drilling. This is why it is important to have someone on the project team who understands the permitting process and knows the key players at the permitting agencies. This is especially true in urban environments where numerous public and private utilities may be affected by construction; it is even more so with private utilities. Unless the project immediately affects their utility, they generally do not look at information forwarded to them. Discovering issues in the field during construction can cause delays to the project and add cost to mitigate issues and the time lost to resolve them. Potential issues should be identified at about the 50 to 70 % design phase. Meetings should occur with each utility owner to review issues and plan mitigation. In some states, allowances called Force Accounts are made to cover the cost of utility relocation conflicts. In other states, especially for wastewater projects, the wastewater agency has the authority to force relocation if it interferes with public health. The private utility owners are forced to pay for the relocation of their own utility. Either way, dealing with the issue in the field during construction will cause additional cost and delay. It is better to plan for the utility relocation during the planning and design process before a shovel is put in the ground. 7. MANAGING CHANGE “The problem of keeping a project on track and controlling impacts to scope, cost, and schedule is controlling change.”x Change will happen, regardless of how well planned the project is. There could be changes to schedule, scope, or cost, unforeseen changes in site conditions, or changes forced by stakeholders. Managing
  • 10. 9 these changes and their effects on scope, schedule, and cost are critical. This is especially true in new installation projects using microtunneling and horizontal directional drilling. Close project monitoring is imperative. Requiring weekly reports both during the design and construction can do this. Schedule and cost variances can be monitored and adjustments made as necessary from the reports to make corrective actions. Taylorxi notes in his book that variants are due to estimating errors, technical problems, management problems, economic and market fluctuations, acts of nature, subcontractor and vendor issues, and longer lead times to procure material than originally estimated. A key to managing change is to develop a change management plan and assign a change controller who will assist in reviewing change, hold periodic review meetings with all parties involved in the project, document the change (and cause), define the change approval process, and hold a post mortem meeting to examine why the change occurred and how to deal with it. High-risk changes may take longer because it takes more time to evaluate the cause and find a solution. With each change, the risk caused by the change and the risk associated with the solution must also be evaluated. Many times, changes result in disputes as to cause and who’s responsible to fix it. The key to avoiding disputes is to have a good line of communications and documentation in place. As noted, monitoring work being executed is critical. The integrity of the person(s) assigned to monitor work must go without question. They have to be skilled in observing work and report writing. Most importantly, they must understand the trenchless method being deployed. Change requires action plans and in some cases may require changes in the original plan to execute the work. For example, an unforeseen break occurs in a pipe that is to be rehabilitated. Cause may have been an insufficient evaluation during the engineering and planning phase, or the break could have occurred between the time the engineering was conducted and the contractor executed the work in the field. The questions are, who was responsible, what is the fix, and how is it paid for? Another example is in a pipe bursting operation. Was the rock that fell in the trench during the original construction foreseeable? Or in a microtunnel operation: did the contractor select the correct tooling for the microtunnel machine head or was there a changed condition? The latter is usually the most difficult to resolve. The critical issue here is who pays for it. Or in a horizontal directional drilling operation: did the contractor have the right size mud motor to drill through known rock? All of these are issues that cause change. Change can come from anywhere and for almost any cause. It can come directly from the execution of the project, or as noted above from stakeholders such as businesses or regulatory agencies. One of the biggest issues in horizontal directional drilling is the concern over frac-out. Although many regulatory agencies have gained a better understanding of the horizontal directional drilling process, there are still many who do not understand it, or who having experienced frac-out are now shy of it. Frac-out can be mitigated but not always stopped and the regulatory agencies (and owners) must understand this. Frac- out risk control can be handled by requirements placed in the technical specifications to monitor down hole drill mud pressures, but no one knows if the ground is fractured in such a way that there is a preferential path for drill mud to come to the surface. I worked on a project where there was a subsurface boring in the middle of a water body installed in the 1930s. Seventy years later we found the geotechnical boring when drill mud suddenly came to the surface and we lost drill mud circulation. It happens. But good communications helped resolve the issue. The cause of the issue was determined, a fix identified, and the project was ultimately a success, albeit at additional cost to the owner.
  • 11. 10 8. CONTRACT TYPES AND DELIVERY METHODS In trenchless projects, as in all types of projects, there are a number of contract types that can be used. Contract types are not to be confused with contract delivery methods. Contract delivery methods are how the contractor or consultant delivers the project to the owner. Contract type is how the owner pays the contractor or consultant. With respect to contract delivery methods, the two most common are the classic design-bid-build, and the design build. Design-bid-build is still the most common method used by government agencies in trenchless projects, although design-build is gaining greater acceptance, especially for large CSO Tunnel work. One method gaining favor in the private industry, particularly in power transmission, is Engineer-Procure Construct (EPC), and Engineer-Procure- Construction Management. EPCs help to distribute risk to the entity that can best manage the risk. For example, engineers are better at planning, obtaining subsurface information, and designing trenchless projects, whereas, contractors are better at executing the work based on means and methods. The EPC type contract, like design-build, does reduce overall project duration. The engineer will generally conduct field investigations, identify problems and risk, and plan the work. It is not the engineer who completes the design of an EPC project, but rather the contractor, based on the contractor’s individual means and methods needed to execute the work. In some instances, when there is a long lead-time to procure material, such as high voltage cable used in pipe type cable, the engineer will assist the project owner in procuring the cable and other long lead items early in the overall project. There are a number of contract types, each with its own advantage and disadvantage based on who is assigned the risk, what kind of performance incentives are given to the trenchless contractor, and how inflation (material and labor) is paid for. The Congressional Research Services notes that contract types are basically divided into two types: fixed price (aka-Lump Sum) and cost reimbursement. “With a fixed- price contract, the Contractor assumes this risk because it agrees to provide goods or services. If the performance costs exceed this price, the contractor generally cannot, absent a price adjustment clause, recover more money. In contrast, with a cost-reimbursement contract, the owner assumes the risk of increases in performance costs because it agrees to repay the contractor for the allowable costs of performing certain work up to a total cost specified in the contract. ” xii There are a number of variants of these two main contract types that consider changes in economic conditions, provide incentives to contractors and consultants for performance, and cost sharing types of contracts. A third type of contract is a Time and Material contract. These are rarely used in trenchless projects except in emergency cases. The Office of Management and Budget Guidance on “Appropriate Use and Oversight” of Contract Types”xiii has a number of key question and considerations. How is the agency choosing the best contract type for the acquisition of services? How is the agency mitigating the risk when cost reimbursement or time-and-materials/ labor-hour contracts are used? How is the agency creating opportunities to transition to “lower risk” contracts? The considerations are:  Determine the level of uncertainty;  Use incentives to motivate lower costs with improved delivery or technical performance and discourage contractor inefficiency and waste;  Ensure contractor costs are reasonable and the contractor is making progress in accordance with the contract’s performance schedule (e. g. determine the contractor’s accounting system is
  • 12. 11 adequate, have appropriate government surveillance in place to provide reasonable assurance that efficient methods and effective costs controls are in place);  Link payment to performance on cost-plus-award-fee contracts (e. g., determine an award fee contract is appropriate; tie fees to cost, timeliness, and the quality of the contractor’s performance; follow prescribed standards for differentiating between levels of performance and the corresponding percentage of available award fee that can be earned; prohibit “roll over” of award fees and payment of award fees for unsatisfactory performance);  Determine the appropriateness of time and materials or labor-hour contracts in commercial acquisitions (i.e., ensure sufficient analysis underlies the decision, including an explanation of why a fixed-price contract is unsuitable);  Provide for the necessary skills and capacity in the acquisition workforce to award and manage a cost-type contract;  Use appropriate mechanisms, such as contract review boards, peer reviews, or contract type advocates to bring additional expertise to bear in determining the best contract type; and  Award contracts that allow the agency to choose between a fixed-price, cost reimbursement, or time and materials or labor-hour basis for the payment of different contract requirements. The sponsor of the trenchless project needs to carefully consider which contract type will best meet their needs, their understanding of the trenchless methods, and their tolerances to risk. 9. SUMMARY Trenchless projects are inherently risky with a potential for cost overruns, unhappy stakeholders, schedule delays due to unknown conditions, poorly written scopes of work, poorly written technical and contractual language, and poorly executed work which can lead to bad feelings by all involved, and in some cases turn owners away from using trenchless methods. However, by managing the project from cradle to grave, the trenchless project stands to increase the chance of success, and in some cases become a model where the public and others demand the use of trenchless projects. Managing trenchless projects using industry practices for project management can be time consuming, but generally leads to a successful project. The key is to manage all risk, cost, scope, and schedule to assure success.
  • 13. 12 References i. Tom Kendrick – Identifying and Managing Project Risk - AMACOM ii. Tom Kendrick – Identifying and Managing Project Risk - AMACOM iii. http://www. riskagenda. com/bite6. Htm iv. David S. Kassel – Managing Public Sector Projects – CRC Press v. David S. Kassel – Managing Public Sector Projects – CRC Press vi. David S. Kassel – Managing Public Sector Projects – CRC Press vii. Rachel Thompson – Stakeholder Analysis-Winning Support for Your Projects – www. mindtools. com/pages/article/newPPM_07. htm viii. David S. Kassel – Managing Public Sector Projects – CRC Press ix. James C. Taylor – Project Scheduling and Cost Control – J. Ross Publishing x. James C. Taylor – Project Scheduling and Cost Control – J. Ross Publishing xi. James C. Taylor – Project Scheduling and Cost Control – J. Ross Publishing xii. Kate M. Manuel - Contract Types: An Overview of the Legal Requirements and Issues – Congressional Research Services, October 1, 2010 xiii. Kate M. Manuel - Contract Types: An Overview of the Legal Requirements and Issues – Congressional Research Services, October 1, 2010