Submitted by Harvey M. Rose Associates, LLC 1390 Market Street, Suite 1150 San Francisco, California 94102 (415)-552-9292 http://www.harveyrose.com
J une 12, 2013
J une 12, 2013 Ms. Wendy Greuel City Controller City of Los Angeles 200 North Main Street, Room 300 Los Angeles, CA 90012 Dear Controller Greuel: Harvey M. Rose Associates, LLC is pleased to present this Audit of the Los Angeles World Airports Capital Development Program. The audit was requested by your office to evaluate the efficiency and effectiveness of LAWAs processes for capital improvement projects, including construction management practices, with a primary focus on LAXs capital expansion. Thank you for providing our firm with the opportunity to conduct this audit for the City of Los Angeles. Upon your request, we are available to present the report to the City Council or other responsible City officials. Sincerely,
Stephen Foti Project Manager
TABLE OF CONTENTS
Executive Summary ....................................................................................................... i Controllers Accountability Plan .............................................................................. viii Introduction ................................................................................................................... 1
1. Value Engineering ................................................................................................ 20 2. CMAR Contractual Relationship ........................................................................ 28 3. Monitoring CMAR Change Management .......................................................... 36 4. CMAR Quality Assurance Monitoring ............................................................... 45 5. Capital Decision-Making Processes..................................................................... 56 6. Capital Improvement Plans and Budget............................................................. 66 7. Long-term Strategy for Program Management ................................................. 74
Appendix A: Ranking of Recommendations .......................................................... A-1 Appendix B: U.S. Airport Survey Instrument ...................................................... B-1 Appendix C: U.S. Airport Survey Responses ........................................................ C-1 Appendix D: City Department Survey Instrument ............................................... D-1 Appendix E: City Department Survey Responses ................................................ E-1 Harvey M. Rose Associates, LLC i
Audit of the Los Angeles World Airports Capital Development Program EXECUTIVE SUMMARY This report was prepared at the request of the City Controller in accordance with the powers and duties prescribed in Article II, Section 261(e) of the City Charter. Scope The audit was designed to evaluate the efficiency and effectiveness of Los Angeles World Airports (LAWA) processes for capital improvement projects, including construction management practices. Although LAWA owns and operates Los Angeles International Airport (LAX), LA/Ontario International Airport (ONT), and Van Nuys Airport (VNY), the audit was primarily focused on processes and practices related to the LAX capital development program due to the significant program costs more than $3.6 billion - currently underway. The specific objectives of the audit were to: Perform a broad review of how LAWA conducts long-range planning for various capital improvements, including whether LAWA has an appropriate process to prioritize projects department-wide and identify financing for capital improvements. Determine if the current organizational structure ensures efficient and effective management of construction projects. Determine whether the LAWA project management functions (including contract oversight, contract monitoring, and accurate payment of contract invoices) are performed in an effective manner to ensure projects are completed on time, on budget, and in the most economical way. Conduct a broad review and sufficient test work, based on the sample of construction projects, to assess the adequacy of a number of organizational functions. Assess best practices of other City departments and other large municipal-owned airports that could improve construction management efficiency and effectiveness within LAWA. The scope of the audit included consultant, contractor, and departmental functions related to construction projects completed at LAX as of FY 2010-11 and projects currently in process. Summary of Results The audit report includes seven major findings that examine LAWAs capital development activity. Overall, the report found that, while LAWA has succeeded in building an effective capital development organization under substantial pressures, opportunities exist to enhance the transparency and accountability of the process and reduce financial risks to LAWA. Executive Summary Harvey M. Rose Associates, LLC ii
Primary areas for improvement include LAWAs implementation of the Construction-Manager- At-Risk (CMAR) model, especially with regard to the prevalence of change orders; LAWAs informal decision-making and prioritization processes around capital planning and lack of a multi-year Capital Improvement Plan; and LAWAs lack of a long-term strategy to strengthen in-house program management capacity. These and other areas of weakness increase LAWAs financial risk and hinder full transparency. The findings and weaknesses described in this report reflect a complex set of notable organizational challenges, including a lack of institutional knowledge and capacity to design and implement a major development program after decades of dormancy; market pressures to accommodate international carriers with contact gates for large new aircraft; interest voiced by City officials and the Board of Airport Commissioners to complete the projects expeditiously; and, the need to contend with lawsuits from the airlines and surrounding communities, as well as other complex stakeholders interests. Under these pressures, LAWA has succeeded in building a strong and effective organization, with an adequate internal control system, while simultaneously implementing the largest public works project in the history of the City of Los Angeles. Key Findings LAWA has not formalized a structured Value Engineering process, as required by the FAA for some grant programs and recommended as a best practice for all capital projects. While some important elements of Value Engineering exist, LAWA could ensure conformity with federal guidelines and achieve greater life-cycle cost savings by implementing a structured program. The Federal Aviation Administration (FAA) requires that structured Value Engineering processes be used for certain airport projects that are funded with federal Airport Improvement Program (AIP) grants. Although not mandatory, the FAA also recommends that Value Engineering guidelines and specifications be followed for most large capital projects, including those funded with Passenger Facility Charge (PFC) revenues. Further, design and construction industry best practices recommend the use of Value Engineering at the 30% design phase, and federal advisories recognize that by employing Value Engineering principles at the earliest stages of a project, the opportunity for influencing final costs is greatly increased. Distinct from Value Engineering, Cost Engineering is more typically emphasized by LAWA throughout the design and construction phases, with a focus on evaluating initial construction cost, rather than the life-cycle cost implications of design and construction decisions. LAWA has not implemented a formal Value Engineering process that meets the standards set by the FAA, including the performance of such a process by an independent impartial team. Further, LAWA does not have assurance that it is achieving the greatest value for the cost to develop the airport. The impact from the lack of a structured Value Engineering process is significant, since LAWA is presently in the midst of a massive development project that is expected to cost in excess of $6 billion over the next decade, which is funded in part with $2.8 billion in PFC revenues Executive Summary Harvey M. Rose Associates, LLC iii
The Construction Manager at Risk (CMAR) project delivery method, chosen for use on the Bradley West Gates and Core projects, was an effort to enable an accelerated schedule while maintaining control over the projects designs. While LAWAs analysis of the benefits of using the CMAR model, which had never been used before by the Department, supported managements decision to move forward in this manner, certain circumstances and project expectations may have prevented LAWA from realizing the models full benefits.. The CMAR contract agreements for the Bradley West Core and Gates projects appropriately include Component Guaranteed Maximum Price (CGMP) caps, which accumulate to Aggregate Guaranteed Maximum Prices (AGMP) also referred to as the contract amounts. However, total expected costs may exceed these amounts and budgeted contingencies due to the volume of change orders. As a result of this and other factors, the risk to the CMAR contractor may have been diluted and the contractors incentive to deliver the projects within the contract amounts combined with contingencies may have been compromised. Despite involving the CMAR in the design process for approximately one year during the pre-construction phase, LAWA reports that a majority of change orders have resulted from design changes, owner betterment requests, and/or scope expansion, and plan errors.. LAWA staff has noted that some, but not all, of the design deficiencies are the result of the projects aggressive schedule and complexity. The CMAR agreements for the Bradley West projects do not contain sufficient controls, including sanctions, to ensure contractor performance in key areas. For example, although the CMAR contracts require performance bonds or 10% retention of each progress payment claimed during the Construction Phase, there are no specifications that directly address the enforcement of CMAR performance related to its Quality Assurance or Change Management responsibilities. LAWA has not effectively overseen the CMAR change order management function on the Bradley West Gates and Core projects to fully ensure that unnecessary costs are avoided. As a result, LAWA may be incurring greater costs, be vulnerable to disputes over contractor change requests, or experience delays in project close-out. LAWA has not taken sufficient action to ensure that the CMAR for the Bradley West projects effectively analyzes subcontractor change estimates for accuracy and reasonableness. LAWA staff change order cost estimates are consistently and significantly lower than the CMAR change order proposal amounts. Based on sampling, Airports Development Group (ADG) estimators have determined that the CMAR recommended change order amounts were overstated by an average of 16.5% and 11.2% for the Bradley West Gates and Bradley West Core projects, respectively. Based on data provided by ADG, the avoided cost of the LAWA independent estimation process amounted to approximately $56 million as of November 2012, which would have included $2.8 million in additional CMAR management fees had the full amount of the change orders been approved. In one Executive Summary Harvey M. Rose Associates, LLC iv
instance, the CMAR submitted a proposal for $393,378 worth of structural steel work at two gates; however, the change order request was eventually settled for only $826. Furthermore, the CMAR has not complied with contractual obligations to submit change order requests and cost estimates in a timely manner and LAWA has not consistently enforced such provisions, resulting in sizeable delays to change order processing. Up until October 2012, LAWA had not enforced this contract provision even as it received contractor change requests, on average, over four weeks after the contractually required timeframe of 21 days. The delayed efforts by ADG to enforce compliance of contractual timelines has had limited response from the contractor thus far. These delays raise the risk of subcontractors not getting paid on-time, schedule impacts to some work, increased risk of disputed change order requests, and additional difficulties for LAWA when it is time to close-out projects after construction is complete. LAWA may be performing Quality Control (QC) functions assigned to the Bradley West projects CMAR and for which the CMAR is already compensated through the executed contracts. LAWA may be incurring unforeseen costs because of the duplication of efforts, along with other inefficiencies in the CMAR-LAWA relationship. By contract, the Bradley West projects CMAR QC staff is responsible for the first review and testing of completed construction elements. The contracts further state that LAWA inspectors subsequently perform a final review, or quality assurance (QA) review, ensuring construction elements comply with applicable plan specifications and codes. In practice, however, LAWA inspectors perform more detailed and frequent QC duties, and do not actively review the CMAR QC performance, which may be deficient. Interviews suggested that the CMARs QC staff is not consistently present on job sites and, instead, may rely on the report of the subcontractor project manager or the foreman regarding the quality of the work product. LAWA inspector staff suggests that the inability of the CMAR to achieve QC program goals may relate to the level of staffing assigned to the QC function under the plan, even though LAWA reimburses the CMAR approximately $4.5 million annually to perform this function. LAWA inspectors have not employed a comprehensive system for recording compliance activity, which hinders its ability to implement an effective system for monitoring the performance of the CMAR. This occurs, in part, because the LAWA Construction Inspection Division Procedures Manual does not define policies regarding the use of Requests for Inspection and is not clear regarding the implementation of other inspector compliance tools, specifically J ob Memoranda and Notices of Noncompliance. Furthermore, a complete version of the manual is not centrally located, readily available, or routinely updated. LAWAs established process for capital decision-making includes a limited level of official involvement by the Board of Airport Commissioners (BOAC) and the absence of a systemic and analytical process for determining which projects should be prioritized and advanced for development. Executive Summary Harvey M. Rose Associates, LLC v
The BOAC has limited involvement in the review and prioritization of proposed projects and is not involved in the assessment of initial project concepts or budgets. Instead, these responsibilities have been assumed by executive staff and the Board may have less than optimal involvement in major capital project decision-making processes. In describing the reasons for the BOACs limited involvement in project approval, LAWA management stated that the City Attorney has advised that there is a tension, or potential conflict leading to pre-decisional bias, between the Boards roles when (1) considering and approving individual capital projects, and (2) fulfilling environmental review responsibilities under the California Environmental Quality Act (CEQA). However, this concern about pre- decisional bias is not founded in any written legal opinion. Further, per the LAX Specific Plan, the City Council provides the final CEQA approval on LAX Specific Plan Amendment projects. Additionally, a review of State law suggests that the City may have flexibility in determining which entity serves as the final CEQA approver. These factors suggest that the City and LAWA have the ability to configure processes and the assignment of functions in a manner that would eliminate concerns about pre-decisional bias, while also enhancing the Boards role in formal project approval. Executive management does not conduct comprehensive needs assessments, based on the results-oriented goals and objectives that flow from the organizations mission, nor has it established a systemic process for determining which projects should be prioritized and advanced for development. Without an organized framework within which potential project concepts are vetted according to established criteria and priorities, the rationale for decision- making may not be clear to LAWA stakeholders. LAWA does not have a multi-year Capital Improvement Plan (CIP). Further, LAWA has overstated large baseline capital program budgets in the past, including a $40.5 million surplus on one major project. This practice may result in a greater commitment of funds than might otherwise be necessary with more accurate forecasting, and increases the risk of unnecessary or avoidable expenditures. LAWA does not have a multi-year capital plan that has been presented to the Board of Airport Commissioners in a public setting. This diminishes accountability and transparency in the organization. Instead, general capital improvement concepts are included in a 2004 Master Plan and the Specific Plan, and Specific Plan Amendments only include rough order of magnitude cost estimates for seven development alternatives presently under consideration. LAWA should continue efforts to develop a robust capital improvement plan process, to ensure compliance with the intent of the City Charter and improve transparency and accountability over capital project decision-making. On a project basis, baseline capital budgets are estimated at initial stages of development. Project estimates include broadly defined cost components, such as construction allowances, which are budget estimates for unknown, but potential costs; percentage-based soft costs, which are general estimates of the cost of architectural, engineering and administrative expense; and, construction contingencies. Combined, these broadly defined cost components Executive Summary Harvey M. Rose Associates, LLC vi
can raise the total project budget. Although budgets are refined as projects move through the conceptual and design phases, initial estimates showing allowances, soft cost components and contingencies should be clearly presented and described to ensure that Finance Department budget personnel have all of the information necessary to conduct a thorough review and assessment of capital budget reasonableness. LAWA pays an estimated 15 to 20 percent more for program management services provided by a contractor than it would pay for City staff. Without a strategy to transition program management functions to City personnel, LAWA will continue to pay a premium for services, which will be required through at least 2018. While the need for consultant program management services in the first years of LAWAs capital development program was clear, LAWA has not developed a strategy or plan to transition LAWA staff into capital development program management and other roles that are currently held by AECOM consultants. As of November 13, 2012, the AECOM contract had been amended and extended three times. The third amendment increased the term from six to eight years and the total contract amount from $162,720,000 to $201,934,228. If even just one-third of the consultant staff, representing approximately $48 million over the current life of the AECOM contract, had been replaced by City personnel, the City conservatively could have saved an estimated $7.2 million, based on a 15 percent differential between City and consultant costs. LAWA has not conducted any cost-benefit analyses or provided any long-term strategy for use of consultants versus City staff in program management services in the future, nor has it required the contractor to provide formal training and staff development opportunities for City staff. The extent of LAWAs future capital development program remains unclear, though information contained in the Specific Plan Amendment Study (SPAS) and public statements made by LAWA management indicate that total costs could range between $6 billion to more than $12 billion. In any case, LAWAs capital development program will continue for several years to come and will require skilled program management professionals. Even if the need for such knowledge and expertise declines over the next ten years, as LAWA accomplishes major components of its current capital development program, there will always be a baseline need for skilled capital improvement program expertise. As long as LAWA continues to rely heavily on consultants instead of developing City staff resources, it will pay a premium for such services. Review of Report On February 12, 2013, a draft report was provided to the LAWA Executive Director for review and comment. An exit conference was held with LAWA management on March 6, 2013 to discuss the contents of the report for quality assurance purposes. We considered the departments comments before finalizing the report. Most notably, LAWA disagrees with our assessment of the costs of consultant staff compared to City staff, as described in Section 7. LAWA argues that a fair assessment would include a full Executive Summary Harvey M. Rose Associates, LLC vii
allocation of the Citys indirect costs for every new City position added, using the indirect cost factors included in the Controllers Cost Allocation Plan (CAP). It is our view that while this is an appropriate methodology for allocating indirect costs across all City departments on a proportional basis and ensuring the General Fund is appropriately reimbursed for the cost of services to enterprise and grant-funded projects, it is not appropriate for estimating the true marginal cost of converting from contractors to City personnel. For example, it is unlikely that the City would incur significant additional costs for office space (i.e., space is already being provided for contractor personnel), or for additional City Administrative Office, Controller or City Attorney personnel if some contractor positions were converted to City staff. Further, the City does not incur many categories of indirect cost charged by the contractor, such as travel expenses (City employees are local), the high salaries paid to private sector executives (up to $546,000 in annual compensation), or profit and incentive compensation paid to employees. In addition, LAWA does not agree with the audit findings related to the applicability of using a public works benchmarking study to assess LAWA's use of consultant staff in Section 7. However, our technical consultant who has had experience managing major public works capital projects across a broad spectrum of organizations, including municipal public works departments, clean water departments and large international airports disagrees and indicates this type of benchmarking study can be broadly applied.
Controllers Accountability Plan RECOMMENDATIONS PAGE MAYOR/COUNCIL ACTION REQD DEPARTMENT ACTION REQD
Harvey M. Rose Associates, LLC viii SECTION 1. VALUE ENGINEERING The LAWA Executive Director should: 1.1 Direct staff and request legal counsel to prepare an assessment of past practices used on LAWA development projects, to ensure that design review and cost engineering efforts can satisfactorily meet FAA expectations regarding the use of structured Value Engineering. 27 LAWA 1.2 Develop and establish policies and procedures that ensure that a structured Value Engineering program is implemented at LAWA. 27 LAWA SECTION 2. CMAR CONTRACTUAL RELATIONSHIP The LAWA Executive Director should direct ADG management to: 2.1 Conduct a post-project assessment of the costs and benefits of the CMAR model. Include a comparison of alternative models. 35 LAWA 2.2 Evaluate the CMAR model, as implemented for the Bradley West Gates and Core projects, by reviewing the agreements and the incentive structure they provide. 35 LAWA 2.3 Develop formal criteria for choosing project delivery models on future capital projects and ensure that project management and other pertinent staff are made aware of the strengths and weaknesses of all procurement models considered. 35 LAWA SECTION 3. MONITORING CMAR CHANGE MANAGEMENT
The LAWA Executive Director should direct ADG management to: 3.1 Review contract provisions, such as Articles 01 23 00 (Change Orders), 01 24 00 (LAWA Initiated Changes), and 01 25 00 (CMAR Change Request) in the Bradley West Construction Agreements, to strengthen language and expectations of CMAR change management for future projects. Specific areas that could be strengthened include the expectation of the CMAR role in the meriting review process, pricing estimation for proposed change orders, and the acceptability of CCR revisions that contain cost increases, but no changes 44 LAWA Controllers Accountability Plan RECOMMENDATIONS PAGE MAYOR/COUNCIL ACTION REQD DEPARTMENT ACTION REQD
Harvey M. Rose Associates, LLC ix in the scope of work. 3.2 Follow through on formal communications to the CMAR management regarding contractual provisions requiring the CMAR to submit CPCNs and CCRs within the timeframes stated in the agreement. 44 LAWA 3.3 Formally communicate that unsupported estimates used as placeholders, as well as CCR revisions that do not contain changes in scope, will not be accepted. 44 LAWA 3.4 Consider enhancing the monitoring of CMAR performance of change management to include its ability to meet contract prescribed timelines for change submittals to reduce the risk of schedule impacts, that subcontractors will not paid in a timely manner, and to ensure the project may be closed out with an efficient and effective process. 44 LAWA 3.5 Conduct a post-project analysis of the resources allocated to CMAR Change Management functions by LAWA under the Bradley West project budgets to determine whether they exceeded the mean or median amount spent, as a percentage of total costs, on this administrative function. Report results to the Board of Airport Commissioners. 44 LAWA SECTION 4. CMAR QUALITY ASSURANCE MONITORING
The LAWA Executive Director should direct the Chief Airports Inspector to: 4.1 Update and make readily available the LAWA Construction Inspection Division Procedures Manual.
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4.2 Direct inspector staff to follow procedures outlined in the LAWA Construction Inspection Division Procedures Manual. 54 LAWA 4.3 Provide training to LAWA inspector staff on records and information management procedures to ensure that staff are knowledgeable about requirements and equipped to comply with them. 54 LAWA 4.4 Review processes and determine if procedures, notably those related to J ob Memos and the issuance of Notices of Noncompliance, should be 54 LAWA Controllers Accountability Plan RECOMMENDATIONS PAGE MAYOR/COUNCIL ACTION REQD DEPARTMENT ACTION REQD
Harvey M. Rose Associates, LLC x revised. 4.5 Standardize and maintain LAWA-owned logs to track the full history of document communications with a given contractor. 54 LAWA 4.6 Review the Request for Inspection processes and define the implementation of Request for Inspection in institutional documents for standardization of Request for Inspection processes and procedures. 54
LAWA SECTION 5. CAPITAL DECISION-MAKING PROCESSES The Board of Airport Commissioners should direct the LAWA Executive Director to: 5.1 Request a written legal opinion from the City Attorneys Office regarding any potential conflict of interest related to the Boards duties and authorities related to airport development and CEQA review. 64 BOAC 5.2 If a conflict of interest is determined to be a factor by the City Attorneys Office, develop a proposal to reassign the CEQA review responsibility from the Board of Airport Commissioners to the City Planning Department or another entity within the City, thereby enabling the Board of Airport Commissioners to conduct a more substantial level of review of the capital development program. 64 BOAC 5.3 Building on LAWAs current periodic open-call for projects practice, conduct a comprehensive needs assessment of airport capital assets, including both potential development projects and facilities maintenance needs, based on the results-oriented goals and objectives that flow from the organizations mission. 64 BOAC 5.4 Develop a policy and systemic process for LAWA executive management to use on an on-going basis going forward to evaluate the costs and benefits of various proposed projects and prioritize among them. If deemed appropriate pursuant to Recommendations 5.1 and 5.2, the outputs of such a process should be officially reported to the Board of Airport Commissioners so that it may be involved in the selection of capital development projects. 64 BOAC Controllers Accountability Plan RECOMMENDATIONS PAGE MAYOR/COUNCIL ACTION REQD DEPARTMENT ACTION REQD
Harvey M. Rose Associates, LLC xi SECTION 6. CAPITAL IMPROVEMENT PLANS AND BUDGET
The Board of Airport Commissioners should direct the LAWA Executive Director to: 6.1 Continue efforts to develop a multi-year capital plan that would be presented to the Board of Airport Commissioners in public session. 72 BOAC 6.2 Present a five-year capital spending plan as part of the annual budget review process. 72 BOAC 6.3 As part of the annual budget process, or as required by the needs of the organization, seek Board of Airport Commissioner approval of detailed, individual capital project budgets. 72 BOAC 6.4 Require all project budget packages to specifically identify allowances and other cost components for which the basis of the estimate cannot be reliably determined. 72 BOAC 6.5 Review the analytical basis for estimating project soft costs and contingencies and consider establishing variable standards based on project scope. 72 BOAC 6.6 Implement comprehensive and formalized policies, procedures and standards for developing, implementing and monitoring capital project budgets. 72 BOAC SECTION 7. LONG-TERM PROGRAM MANAGEMENT STRATEGY
The LAWA Executive Director should: 7.1 Direct staff to develop a long-term strategy for the use of consultants and LAWA staff in program management and support roles, including the identification of the amount and types of baseline staffing that will be required on a long-term basis, and an estimate of the amount and types of consultant staffing that will be required. The strategy should be based on a cost-benefit analysis that justifies the allocation of LAWA staff and consultants. 82
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7.2 Build upon and broaden its recent effort with the Airport Engineer classification to identify any airport-specific job classifications that could be 82 LAWA Controllers Accountability Plan RECOMMENDATIONS PAGE MAYOR/COUNCIL ACTION REQD DEPARTMENT ACTION REQD
Harvey M. Rose Associates, LLC xii established by the City and enable LAWA to recruit and retain appropriate capital development staff. Any such proposed classifications should be provided to the Human Resources Division for review. 7.3 Direct the Human Resources Division to review existing job classifications for capital development at the airport and conduct analysis to determine whether the addition of new airport-specific classifications is appropriate. 82 LAWA
Harvey M. Rose Associates, LLC 1 Introduction Harvey M. Rose Associates, LLC (HMR) is pleased to present this Audit of the Los Angeles World Airports Capital Development Program. This report was prepared at the request of the City Controller in accordance with the powers and duties prescribed in Article II, Section 261(e) of the City Charter. Objectives and Scope The audit was designed to evaluate the efficiency and effectiveness of Los Angeles World Airports (LAWA) processes for capital improvement projects, including construction management practices. Although LAWA owns and operates Los Angeles International Airport (LAX), LA/Ontario International Airport (ONT), and Van Nuys Airport (VNY), the audit was primarily focused on processes and practices related to the LAX capital development program due to the significant program costs more than $3.6 billion - currently underway. The specific objectives of the audit were to: Perform a broad review of how LAWA conducts long-range planning for various capital improvements, including whether LAWA has an appropriate process to prioritize projects department-wide and identify financing for capital improvements. Determine if the current organizational structure ensures efficient and effective management of construction projects. Determine whether the LAWA project management functions (including contract oversight, contract monitoring, and accurate payment of contract invoices) are performed in an effective manner to ensure projects are completed on time, on budget, and in the most economical way. Based on a sample of LAX construction projects, this includes assessing if: a. LAWAs solicitation, evaluation, and award of project contracts are in accordance with City and Department policies; b. Project contractors provide services in accordance with the terms of their contracts; and c. Contractors submit complete and accurate claims for payment in accordance with the terms of their contract, and that costs were reasonable for services provided. Conduct a broad review and sufficient test work, based on the sample of construction projects, to assess the adequacy of the following functions: a. Project Strategy, Organization, and Administration b. Project Financial Management c. Project Procurement Management d. Project Controls and Risk Management e. Project Schedule Management Introduction
Harvey M. Rose Associates, LLC 2 Assess best practices of other City departments and other large municipal-owned airports that could improve construction management efficiency and effectiveness within LAWA. The scope of the audit included consultant, contractor, and departmental functions related to construction projects that were completed at LAX as of FY 2010-11 and projects currently in progress. Methodology This performance audit was conducted in accordance with Government Auditing Standards, J uly 2011 Revision by the Comptroller General of the United States. In accordance with these standards and best practices for conducting performance audits, the following five key phases were conducted: 1. An entrance conference was held with the Executive Director and other LAWA officials. The purpose of the entrance conference was to introduce Harvey M. Rose Associates, LLC staff and consultants, describe the performance audit process and protocol, and request information about the capital development program at LAWA. Following the entrance conference, an overview of the Airports Development Group (ADG) and capital development activity, including a tour of the exterior of the Bradley West project, was provided by the LAWA Deputy Executive Director over ADG. 2. An initial review of LAWA capital development was performed, including interviews with key LAWA officials and a review of documentation provided by several departments within LAWA. During the Initial Assessment, 26 individuals were interviewed, including managers and directors of the major LAWA organizational divisions, to obtain an overview assessment of organizational strengths and weaknesses. At the conclusion of these activities, a more detailed plan was developed for conducting subsequent performance audit activities. 3. Field work was conducted to research key elements of LAWA capital development activity, which included additional interviews and tours, and the collection and analysis of data. In addition to basic field work activities, sampling was conducted in the following areas: a. Change Order Files: A random sample of 100 estimator files were examined, representing a statistically significant sample of multiple types of change orders, to measure variances among sub-contractor, CMAR and LAWA estimates of the cost of change orders and to determine whether suitable controls have been established over change management processes. b. Solicitation and Award Files: A judgmental sample of 15 construction and professional services contracts documentation was reviewed, including requests for qualifications, proposals, bid packages, and BOAC approval documentation with scoring and other justifying documentation. The sample was selected to include the largest construction and professional services contracts, as well as a range of sizes and types of contracts. Introduction
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4. A benchmarking survey of seven other U.S. international airports, as well as two City departments that operate substantial capital programs, was conducted in order to identify best practices and compile other information for use in comparative analysis and the development of recommendations. 5. A quality assurance review process was undertaken to ensure the factual accuracy of the report. This process included an internal peer review conducted by personnel from HMR, as well as a review of the draft report by responsible LAWA officials. After officials completed their review of the draft report, an exit conference was held to discuss the reports factual accuracy and clarity. LAWA officials were also requested to provide comments on the recommendations contained herein. Overview of LAWA Los Angeles World Airports (LAWA) 1 is a Los Angeles City department that owns and operates a system of three airports: Los Angeles International Airport (LAX), Los Angeles/Ontario International Airport (ONT) and Van Nuys Airport (VNY). 2 The Department has an employee workforce of approximately 3,500 employees and additional consultant personnel distributed between these three airports. LAWA serves a major portion of the Southern California air passenger and cargo market. Passenger traffic, both domestic and international; air cargo; and, most FAA defined aircraft movement are highly concentrated at LAX. ONT, located 35 miles east of downtown Los Angeles in San Bernardino County, serves about 10 percent of the passenger traffic of LAX. VNY has no commercial passenger traffic, but with nearly 300,000 general aviation movements reported in calendar year 2011, it has the vast majority of general aviation activity of the three LAWA airports and, according to LAWA, it is one of the busiest general aviation airports in the world. Overview of Capital Development at LAWA In recent years, LAWA has embarked upon a major development and modernization program at its three airports, with most of the focus on LAX. When completed, the development project will have resulted in major airfield, terminal, noise mitigation and infrastructure improvements at LAX, with the centerpiece development being the modernization of the Tom Bradley International Terminal (TBIT) and construction of the new Bradley West terminal annex. These improvements will reportedly position LAX as a preeminent international hub in the United States.
1 Also referred to as the Department of Airports in the City Charter. 2 LAWA also owns a general aviation airport in Palmdale. However, this airport was closed in 2008. Introduction
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LAWA Capital Project Financing In FY 2011-12, LAWA had an annual operating budget of approximately $657.7 million and made direct capital project budget appropriations of approximately $939.2 million. As of J une 30, 2012, LAWA held net assets of approximately $4.36 billion, which was comprised of $8.57 billion in total assets and $4.21 billion in total liabilities. Of the $8.57 billion in total assets, $5.33 billion represented the value of total capital assets, net of depreciation, as of J une 30, 2012. 3 Notably, over the past three fiscal years, LAWAs total capital asset value has increased by $1.37 billion, or 34.4 percent from $3.97 billion as of J une 30, 2010 to $5.33 billion in 2012. The net assets of $4.36 billion included $2.41 billion invested in capital assets net of related debt (i.e., the book value of property, facilities and other assets wholly owned by LAWA), which has increased by 19.6 percent over the three year period since 2010. In FY 2011-12, LAWA reported major capital asset activities for the year, amounting to $987.0 million in expenditures or commitments 4 , as shown in Table I.1. Table I.3, later in the Introduction, displays budget and expenditure data by project groupings (i.e., elements) as of September 30, 2012. Table I.1 FY 2011-12 LAWA Capital Projects Activities (In Millions)
3 Value based on the original cost of the assets less depreciation by asset category. The actual market value may differ. 4 Los Angeles World Airports (Department of Airports City of Los Angeles, California) Comprehensive Annual Financial Report as of June 30, 2012, Page 23 (Unaudited). This figure compared with the capital budget appropriations of $939.2 million, presented previously in this section. Project Category Description Amount Tom Bradley International Terminal Improvements and security upgrades. 579.5 $ Utilities Replacement of Central Utility Plant/co-generation facility. 98.2 Terminals Renovations at Terminals 5 and 6. 69.4 Residential Soundproofing Residential acquisition, soundproofing, and noise mitigation. 41.4 Security Security program in-line baggage screening. 31.6 IT Various IT network and systems projects. 27.9 Elevators/Escalators Repairs and improvements of elevators and escalators. 15.8 Aifield and Runways New north/south crossfield taxiway and apron. 5.8 TOTAL EXPENDED 869.6 $ Airfield and Runways Various 7.8 $ Noise Mitigation Various 6.8 Terminals and Facilities Various 84.9 Miscellaneous Various 17.9 TOTAL COMMITTED 117.4 $ GRAND TOTAL 987.0 $ Expended Committed Introduction
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Revenue Bonds Used to Finance Capital Projects LAWA issues revenue bonds to finance its major capital project activities. As of J une 30, 2012, LAWAs outstanding long-term debt attributable to these bonds was approximately $3.58 billion, which was a decrease of approximately $48.3 million over the $3.63 billion amount outstanding as of J une 30, 2011 and $1.0 billion over the amount outstanding as of J une 30, 2010. Despite this substantial and rapid increase in LAWAs total bonded indebtedness, LAWA continued to receive high bond ratings from Standard and Poors (AA), Moodys Investment Services (Aa3) and Fitch Ratings (AA) as of J une 30, 2012, suggesting it has the financial capacity to absorb such debt obligations. Between J une 30, 2011 and J une 30, 2040, after all of the existing revenue bonds have been paid in full, LAWA will have made $3.6 billion in bond principal and $3.5 billion in bond interest payments, for a total of approximately $7.1 billion. In FY 2011-12, LAWA made an annual payment of $236.5 million toward this debt; and, in FY 2012-13, LAWA is scheduled to pay $241.3 million toward this debt. Over time, these bonds will be repaid from a variety of sources, including Unrestricted Net Operating Revenues, Passenger Facility Charges (PFCs), Customer Facility Charges (CFCs), Capital Grants, and other sources of airport income. Unrestricted Net Operating Income A portion of LAWAs unrestricted net operating income is used to fund capital projects and debt service. This net operating income represents uncommitted operating fund balances that become available after subtracting total operating expenses from total operating income. Total operating income is generally derived from non-airline related fees and charges (e.g., concession fees and commercial rentals), and airline related fees and charges (e.g., aircraft landing and apron fees, and long-term terminal leases and tariffs). Operating expenses include the cost of maintaining and operating LAWA airports, but does not include the cost of major capital projects. In FY 2011-12, LAWA collected approximately $902.2 million in operating income and incurred $657.7 million in operating expenses, for net operating income before depreciation and amortization of $244.4 million. This amount does not include restricted non-operating income received from PFCs, CFCs and grants, which are discussed more fully below. Passenger Facility Charges Passenger Facility Charges (PFCs) are fees imposed by airports on enplaned passengers. PFC revenues are used to finance eligible airport related projects that preserve or enhance safety, capacity, or security of the national air transportation system; reduce noise or mitigate noise impacts arising from an airport; or furnish opportunities for enhanced competition among carriers. 5 Both the fee amount and the intended use of fee income are reviewed and must be approved by the Federal Aviation Administration (FAA) and are subject to federal audit. According to LAWAs financial statements, LAWA has received approval from the Federal Aviation Administration to use PFCs to pay for debt service on bonds issued to finance the Tom
5 Los Angeles World Airports (Department of Airports City of Los Angeles, California) Comprehensive Annual Financial Report as of June 30, 2012, Page 55, Note 9 Introduction
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Bradley International Terminal (TBIT) renovations, Bradley West and related projects. Project approvals, as of J une 30, 2012, included the following: Table I.2 FAA Approved Capital Projects to be Funded with PFCs (In Thousands)
Source: Los Angeles World Airports (Department of Airports City of Los Angeles, California) Comprehensive Annual Financial Report as of June 30, 2012 In FY 2011-12, LAWA collected $130.8 million in Passenger Facility Charges. Of this amount, the Board of Airport Commissioners authorized the use of $25.2 million for the TBIT Renovation and Bradley West development projects. All of the $25.2 million was used to pay debt service on bond proceeds being used to meet current costs. PFCs are also used to fund capital projects on a pay-as-you-go basis. Customer Facility Charges In November 2001, the Board approved the collection of a State- authorized Customer Facility Charge from rental car companies serving LAX and ONT airports. State law allows airports to collect a fee of $10 per on-airport rental car company transaction to fund the development of consolidated car rental facilities and common-use transportation systems. 6 In FY 2011-12, LAWA collected $29.6 million from these fees. Through J une 30, 2012, LAWA had expended $43.9 million of $167.0 million in collections on approved projects. Federal Grants Various federal grants are available to LAWA for Airport Improvement Program (AIP) and Transportation Security Administration (TSA) capital projects. In fiscal years 2011 and 2012, LAWA received $75.2 million and $62.4 million in such grants, respectively. These grants are categorical in nature and are awarded on a project specific basis. AIP grants are typically used to fund airfield, taxiway and runway improvement projects; TSA grants are typically used for improvements to passenger and baggage screening areas. Airline Contributions The airlines also provide resources to LAWA under the terms of their long-term terminal lease agreements that are used to fund certain capital projects and pay for debt service (e.g., rents, Federal Inspection Service Charges and direct payments for terminal debt service, ground rent and amortization of assets paid with LAWA funds). During the period of the audit, LAWA was in the process of revising its financial relationship with the airlines and
6 Los Angeles World Airports (Department of Airports City of Los Angeles, California) Comprehensive Annual Financial Report as of June 30, 2012, Page 54, Note 10 Terminal Development 1,731,257 $ Noise Mitigation 907,313 Airfield Development 106,751 Land Acquisition 33,680 Aircraft Rescue and Firefighting Vehicles 1,899 Total FAA Approved Projects 2,780,900 $ Introduction
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developing a new methodology for determining rates and charges under the tariff. On September 17, 2012, the new methodology was approved by the Board and on November 13, 2012, the new rates for calendar year 2013 were adopted. According to LAWA Finance Department staff, the new rate structure is intended to produce a uniform method for determining airline charges, ensure that the airlines share of costs are more equitable, and provide additional future sources of income for airline terminal and other airline supported improvements. LAWA Capital Project Costs LAWA is currently involved with capital projects that have combined budgets of approximately $3.64 billion that are grouped into six project elements, including (1) Airside, (2) Landside, (3) Utilities and Infrastructure/Central Utility Plant, (4) Terminals, (5) Residential Soundproofing, and (6) Bradley West. Descriptions and the relative budgets for each are described below. The two organizational units that are most heavily involved in capital development are the LAWA Planning Division and the Airports Development Group (ADG). The process for assessing, approving and implementing development projects typically begins in the Planning Division and then progresses through the design phase to construction, overseen by ADG. The simplified flow charts on the next two pages illustrate the progression of a development project through LAWA (Exhibit 1). Introduction
Harvey M. Rose Associates, LLC 8 Exhibit 1 Page 1 of 2 LAWA Development Process
LAWA Planning Division Leads development and approval process for Master Plan and Specific Plan Amendments. Airport Board of Commissioners adopts plans. Proposal request considered by LAWA Capital Review Team LAWA Planning Division Develops project definitions and scope statements from Board or Executive directive, or approved department submittals YES LAWA Planning Department Department collaboration Conceptual design up to 30% Environmental review Initial cost estimate Project schedule Finance Department Reviews project cost estimate, identifies funding source, ensures availability of funding and recommends a budget (i.e., "Definition Package"). LAWA Divisions Develop and submit business case justification for capital project proposals arising from Board/Executive directive or solicitation and assessment of division needs No To Page 2 Airport Development Group Collaborates with the Planning Department on development approach [a] Design-Bid-Build (DBB), [b] Construction Manager at Risk (CMAR) or [c] Design- Build (DB). Introduction
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Exhibit 1 Page 2 of 2 LAWA Development Process
Introduction
Harvey M. Rose Associates, LLC 10 LAWA Planning Division Initial planning functions are conducted by the Planning Division, which prepares the Master Plan, Specific Plan Amendments, Initial Project Design (up to 30% complete) and Environmental Reviews. The Planning Divisions groups are generally organized by ADG element, as shown in Exhibit 2, below. As part of larger reorganization across LAWA during the last five years, the Planning Division has grown from a size of approximately 20 staff to 58 staff, including primarily planners, engineers and architects. The Division makes use of consultants, as necessary, to assist with temporary fluctuations in workload and to provide specialist expertise. Currently, the Division reportedly includes 10 embedded consultants. On an ongoing basis, the Planning Division is responsible for receiving requests for capital projects from LAWA departments and providing the requests to LAWA executives for consideration. To accomplish this, on a periodic basis, Planning makes a broad solicitation for requests from LAWA departments and compiles them for executive review. Upon review by the Capital Review Team, composed of LAWA Deputy Executive Directors, proposal requests are either rejected or returned to the Planning Division for project definition and development of scope statements. Planning then works with the requesting department to development the conceptual design up to approximately 30 percent complete; conducts an environmental review of project impacts; outlines an initial cost estimate; and defines a project schedule. After the Finance Department prepares a definition package, composed of the final cost estimate, funding sources and a recommended budget, the Capital Project Policy Committee reviews the project for approval before oversight is transitioned from Planning to ADG. Throughout the process leading up to the formal transition of project oversight to ADG, Planning staff communicate with ADG element engineers to ensure that ADG input is incorporated into the planning process. Some projects may move from Planning to ADG substantially earlier than the 30 percent design stage, depending on project urgency and complexity, and on the type of project delivery system to be employed. Airports Development Group LAWA established the Airports Development Group (ADG) in 2008 as part of a major reorganization of activities related to capital development. The impetus for the reorganization was the initiation of the Tom Bradley International Terminal (TBIT) Bradley West development project, with a special emphasis on developing boarding gates that could accommodate the larger aircraft that international carriers have begun to use (e.g., the Airbus A- 380 and Boeing 747-8 aircraft). ADG is composed of eight divisions and approximately 85 City staff positions plus a large fluctuating number of consultants that support ADG technical operations. As of September 2012, the total number of positions within ADG, including both City staff and consultants, was 319. The organization structure is shown in Exhibit 3 below. Introduction
TOTAL POSITIONS 58 Notes: 1. Unspecified and variable project-based architectural, engineering and technical services arepurchased from contractors (e.g., project engineering and design).
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12
Exhibit 3 LAWA Airport Development Group Organization (LAWA Employees and Embedded Contractors)
ADG divides its project work into the following six primary groups known as elements: Airside; Landside; Utilities and Infrastructure/Central Utilities Plant (CUP) Replacement; Terminal; Residential/Soundproofing; and Bradley West. Each element contains multiple projects and is overseen by an Element Manager. With the exception of the Bradley West Element, whose Manager reports directly to the Director of ADG, all Element Managers report to the Assistant Program Manager of ADG. Descriptions of each element are included below 7 .
7 Project descriptions were current as of the most recent Airports Development Executive Management Program Status Report, September 30, 2012. TOTAL POSITIONS 319 Notes: 1. Excludes City Attorney personnel. 2. TheConstructionInspection Unit excludes workload & specialty staff augmentation received from: - DPW Bureau of Contract Administration - DGS Bureau of Standards - On-Call Inspectionand Testing Services provided by threecontractors. 3. Unspecified and variable project-based architectural, engineering & technical services arepurchased from contractors (e.g., project designand engineering).
ADG Interfaces withLAWA departments: Administration Finance& Budget LAWA Controller Facilities Management Operations & Emergency Services Facilities Management Commercial Development InformationManagement Law Enforcement & Homeland Security Public Relations & Media External Affairs See Attachment 1 for general descriptions of each of these divisions and units. Introduction
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13 Airside Element The Airside Element includes development work on and around the LAX airfield, including the construction, reconstruction and rehabilitation of taxi-lanes; runway safety area improvements; perimeter fence enhancements; and construction of miscellaneous support facilities. Additionally, the Airside Element currently includes the pavement management program for a taxi-lane at Van Nuys. Landside Element The Landside Element includes development and improvements on airport property other than the airfield and terminal areas. Current projects include a second level roadway expansion; coastal dunes improvement project; parking lot site modifications; and the demolition of structures on recently acquired properties in the Manchester Square and Belford communities surrounding LAX. Utilities and Infrastructure / Central Utilities Plant (CUP) Replacement Element TheUtilities and Infrastructure Element currently includes one project, the CUP Replacement project. This project will provide a replacement CUP to supply hot water and chilled water to the Central Terminal Area (CTA); the required chillers, pumps, generators, boilers and piping to produce and distribute the hot and cold water; and, gas turbine driven generators with heat recovery steam generators. The project also includes a utility distribution system; demolition of the existing CUP; pump room upgrades; and a facility management and control system. Terminal Element The Terminal Element includes development and improvements within the LAX terminals. Current projects include elevator and escalator replacement; fire-life-safety system upgrades; cosmetic improvements; explosive detection system replacement; concessions enabling projects; power system upgrades; and American with Disabilities Act accessibility improvements. Residential/Soundproofing Element The Residential/Soundproofing Element currently includes two noise mitigation projects, one for approximately 9,400 units surrounding LAX, and one for approximately 1,049 units surrounding Van Nuys Airport. Bradley West Element A stand-alone element that constitutes approximately 52 percent of the cost of the entire capital development program 8 , the Bradley West Element is the centerpiece of LAWAs capital expansion work. The two primary projects are: Bradley West Gates: The planned configuration of concourses will allow for nine Airbus A380 gates; five Airplane Design Group gates; and three narrow body gates. The work will also consist of constructing approximately 540,000 square feet of space for passenger services, building systems, building maintenance, airline operations, concessions, storage areas, back of house secured circulation space and airline lounges.
8 According to the Program Cost Summary contained in the Airports Development Executive Management Program Status Report, September 30, 2012.
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14 Bradley West Core Improvements: The existing Federal Inspection Service (FIS) facilities in TBIT have been improved, and 693,000 square feet of new departure level space will be developed to include new passenger amenities and an Integrated Environmental Media System (IEMS). Administrative offices will also be developed. Scheduled to be substantially completed in May 2013 9 , the Bradley West Gates and Bradley West Core projects will provide an entirely new profile for LAX and will allow the airport to accommodate nine large aircraft that currently cannot be serviced at any existing gate at LAX. These improvements are intended to attract substantially larger numbers of high-end international passengers to LAX. In addition to the Gates and Core projects, the Bradley West Element also includes the following projects: traffic mitigation; east ramp and concourse demolition; art in public places; and the New Face of the CTA, Phase I projects. In total, the elements employ approximately 120 engineers, plus additional support staff. Similar to other divisions within ADG and LAWA, these staff include a mix of LAWA staff and consultants. The mix of consultant and LAWA staff fluctuates and is currently estimated by ADG to be approximately 60 percent consultant and 40 percent LAWA staff). Program management services are provided by AECOM, Inc., and Paslay Management Group (PMG) provides a small number of leadership positions within ADG, including the Owners Representative position, which reports to the Board of Airport Commissioners through the LAWA Chief Executive Officer. As of September 30, 2012, the total current budget of all of the projects within the elements was approximately $3.64 billion, of which $1.84 billion had been incurred to date. As discussed above, and shown in Table I.3, the Bradley West Element constitutes $1.89 billion, or 52 percent, of the total program budget.
9 According to the Program Master Schedule contained in the Airports Development Executive Management Program Status Report, October 31, 2012.
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15 Table I.3 Airports Development Program Cost Summary by Element as of 9/30/12
Key Baseline Budget: estimated cost as it was first reported in an Element Current Budget: estimated cost as it was planned plus or minus any processed revisions. Committed to Date: total contractual obligation to date (awarded design and construction contracts, authorized task orders, etc.) Incurred to Date: total of invoices received to date for the project. Estimate at Completion (EAC): latest estimate of the total cost of the project. Variance: Current Budget minus EAC % Incurred: Incurred to Date divided by EAC % Contingency Used: change in contingency divided by original contingency Source: Airports Development Executive Management Program Status Report, September 30, 2012. Contract, Controls and Finance The Contract, Controls and Finance Division is composed of two primary subdivisions, the Contract and Budget group and the Program Controls group. The Contract and Budget group, led by a LAWA manager, carries out contract and finance administration functions for ADG, including development and implementation of all solicitations; all payments to contractors and City departments; budget development and cost engineering for all projects; and management of ADGs document control facilities and processes. This group includes 20 positions composed of LAWA staff and consultants. The Program Control group, led by a consultant manager, is composed of approximately 30 individuals, most of whom are consultants to LAWA serving in the roles of schedulers and estimators. The program control function was previously integrated into the program management team with reporting to the program managers. Approximately four years ago, the Description Baseline Budget Current Budget Committed to Date Incurred to Date Estimate at Completion (EAC) Variance (Budget - EAC) % Incurred % Contingency Used Capital Budget 1 Airside Element 506,810 503,110 372,930 343,716 488,826 14,284 70% 72% Bradley West Element 2,040,915 1,894,365 1,429,393 1,046,070 1,849,100 45,265 57% 0% CUP Replacement Element 423,835 423,835 347,459 184,074 417,810 6,025 44% 18% Utilities & Infrastructure Element 8,175 13,994 13,994 13,641 13,994 - 97% 100% Residential/Soundproofing Element 180,000 160,000 154,190 146,411 160,000 - 92% 100% Terminal Element 270,000 240,035 192,089 72,394 208,851 31,184 35% 9% 3,429,735 3,235,339 2,510,055 1,806,306 3,138,581 96,758 58% 25% Capital Budget 2 - Airside Element 142,914 140,009 22,138 14,162 130,776 9,233 11% 7% Landside Element 31,114 31,114 8,807 1,463 30,154 960 5% 0% Residential/Soundproofing Element 1,317 1,317 1,030 908 1,214 103 75% 0% Terminal Element 32,513 32,154 9,931 4,179 27,436 4,718 15% 0% 207,858 204,594 41,906 20,712 189,580 15,014 9% 25% Subtotal 3,637,593 3,439,933 2,551,961 1,827,018 3,328,161 111,772 N/A N/A Unallocated Contingency N/A 200,024 - - N/A N/A N/A N/A Work in Progress N/A - 17,450 10,974 N/A N/A N/A N/A Program Total N/A 3,639,957 2,569,411 1,837,992 N/A N/A N/A N/A (dollars in thousands) Introduction
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16 program control function was separated from the program management responsibility in order to establish greater controls and accountability. One key role of the Program Control group is the review and approval of project change orders. The vast majority of change orders result in increased payments to contractors. As of September 30, 2012, the cumulative executed and approved change orders for the Bradley West element totaled $191,768,113, or 15.4 percent of the total base combined contract amount. These figures, including a break-out of the Gates project and the Core project, are shown in Table I.4. Table I.4 Cumulative Bradley West Element Change Orders as of 9/30/12
Source: Airports Development Executive Management Program Status Report, September 30, 2012. Construction Inspection Division Another primary ADG organizational unit is the Construction Inspection Division, which is responsible for performing quality assurance activities in order to ensure contractor compliance with quality standards as outlined in the scope of services specified in each contract. Other Key LAWA Departments While ADG and the Planning Division were the primary subjects of the audit review, several other LAWA entities play key roles in the capital development process and were reviewed during the audit process. These include Finance & Budget, Facilities Management Group, Operations, Commercial Development, Comptroller, and the Procurement Services Division. In addition, the roles, responsibilities and authorities of the executive office and Board of Airport Commissioners were examined during the audit. Summary of Benchmarking Survey A benchmark survey was conducted of seven large municipal-owned U.S. airports, as well as two other City departments, in order to identify best practices for the management of capital projects and compile other information for use in comparative analysis and the development of recommendations.
Executed Approved Total Change Orders Base Contract Value Total Change Orders % of Contract Value Bradley West Gates 82,232,867 $ 4,148,704 $ 86,381,571 $ 621,550,000 $ 13.9% Bradley West Core 89,938,086 $ 15,448,456 $ 105,386,542 $ 622,600,000 $ 16.9% Total Bradley West 172,170,953 $ 19,597,160 $ 191,768,113 $ 1,244,150,000 $ 15.4% Introduction
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17 Survey Respondent Selection Process Survey participants were selected based on an analysis of a number of factors, including (1) 2010 2011 change in annual passengers, (2) 2010 2040 projected change in annual enplanements, (3) 2010 2011 change in annual movements, (4) five-year projected development costs, (5) portfolio of capital projects, (6) location, and (7) input from LAWA management. The seven airports in the final group were determined to best match the characteristics of the Los Angeles International Airport (LAX) within criteria defined for this audit. Of the seven invited airports, all but one provided a response. The six respondents are listed below:
J ohn F. Kennedy International Airport (New York) Miami International Airport Dallas-Fort Worth International Airport McCarran International Airport (Las Vegas) San Francisco International Airport Hartsfield-J ackson Atlanta International Airport For the limited survey of City departments, the audit team considered the scale of capital projects and contracting activities undertaken by various departments. The Bureau of Engineering, Bureau of Sanitation, Port of Los Angeles/Harbor Department, and the General Services Department were invited to participate. The Bureaus of Engineering and Sanitation and the Port of Los Angeles responded to the survey. A survey questionnaire was developed by the audit team, with input from LAWA management, and administered to the selected airports and the City departments via telephone and internet. The airport and City department survey instruments are provided in Appendices B and C, respectively. The complete sets of airport and City department responses are provided in Appendices D and E, respectively. Highlights of Key Response Patterns The six airport respondents provided general information regarding the processes surrounding the capital planning process and implementation at the respective airports. While differences in airport leadership and governing structure accounted for several notable differences in responses, there were consistencies, which appeared to reflect industry standards. While all airports had a method for prioritizing capital projects, two airports specifically referenced the Airport Cooperative Research Program (ACRP) Report 49: Collaborative Airport Capital Planning Handbook as the choice methodological guide for formalizing the capital planning process. ACRP, overseen by the Transportation Research Board (TRB) of the National Academies and sponsored by the FAA, is an applied research program that attempts to address industry problems through the research of and the development of workable solutions. Airports were asked to choose the applicable delivery models for a selection of four different airport project categories, which included airfield projects, new facility construction projects, renovation/rehabilitation projects, and other projects. Introduction
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18 o Design-Bid-Build was listed by respondents 83.3 percent of the time, making it the most frequently used delivery model for airport construction projects; o Airports listed Design-Build in about 20.8 percent of scenarios; o Construction-Manager-At-Risk was only listed by three of the six respondents as a possible delivery model, and typically it appears to only be employed for large-scale projects. Three of the six airports reported employing structured value engineering. All airports responded that construction engineering quality assurance staff has the ability to stop payment to contractors. All airport respondents reported using a contingency on construction projects, though only one of the six airports noted there was not a standard contingency applied across the board for projects, rather it was something determined based on the project. Five of the airport respondents reported contingencies of between seven and ten percent. The Los Angeles City department respondents were the Department of Public Works Bureaus of Engineering and Sanitation and the Port of Los Angeles. These responses also displayed notable consistencies. All respondents reported using value engineering. All respondents reported quality assurance employees, i.e. inspectors, engineers, etc., are able to stop payment to contractors. All respondents reported maintaining change order tracking mechanisms. Like the airports, the City departments were asked to choose the applicable delivery models for a selection of three different construction project categories, which included facility construction projects, renovation/rehabilitation projects, and other projects. o The Port of Los Angeles only reported using Design-Bid-Build on the facility construction projects and noted no other dominant model for the other categories. o The Bureaus of Engineering and Sanitation listed Design-Bid-Build for all the categories with the caveat that a Construction-Manager-At-Risk model may be used for large-scale projects. LAWAs Challenges and Accomplishments In the course of this audit, it was evident that LAWA has been faced with several challenges as it has endeavored to implement its capital program. To a certain extent, these challenges provide a context for understanding the findings and recommendations contained in this report. Introduction
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19 The first major challenge stemmed from a history of dormant development at LAX. When the recent set of major construction projects began at LAX in 2007, it had been approximately 20 years since any substantial development activity had been carried out by LAWA. BOAC documents from the time stated, Today LAX suffers from the combined afflictions of physical decay and design inadequacy. After decades of construction inactivity, LAWA lacked the institutional knowledge and capacity to design and implement a major capital improvement plan. The second major challenge was the aggressive schedule required for the completion of the Bradley West Core and Bradley West Gates projects. Urgent market pressures to accommodate international carriers with contact gates for large new aircraft, coupled with interest voiced by the Citys elected officials and the Board of Airport Commissioners to complete the projects expeditiously, required LAWA to develop capacity and complete construction in an extremely short timeframe. Especially given the lack of recent experience in capital programming and the consequent need to contract many of the design and management functions to consultants, the aggressive schedule posed an immense challenge. Finally, LAWA has carried out all of this development activity while contending with lawsuits and a complex set of stakeholders interests. As a result of a 2006 legal settlement between LAWA and several cities surrounding the LAX area, the County and a non-governmental organization, LAWA has been subject to limitations on its passenger and gate activity which include perceived limits on its ability to plan for increased activity. In addition, LAWA has proceeded with construction activity while simultaneously ushering amendments to its Master Plan through the complex environmental review process. Under these pressures, LAWA has succeeded in building a strong and effective organization, with an adequate internal control system, while simultaneously implementing the largest public works project in the history of the City of Los Angeles. While this report contains important findings and recommendations for improvement, the audit team was generally impressed with the professionalism and performance of the members of the LAWA organization. LAWA leadership should be credited for building an organizational culture of distinction while achieving the aggressive schedule that was driven by market demand and the direction of City elected officials. Acknowledgements Harvey M. Rose Associates, LLC would like to thank the management and staff from the many LAWA divisions that participated in this performance audit. In particular, we would like to thank those individuals in the Airports Development Group who took considerable time to discuss LAWAs program and provide much detailed data and other information to the audit team. For the most part, LAWA staff and consultants were extremely cooperative and went out of their way to ensure that auditor requests for information were met. In addition, Harvey M. Rose Associates, LLC extends its thanks to the participants of the benchmarking survey. Harvey M. Rose Associates, LLC 20 1. Value Engineering The Federal Aviation Administration (FAA) requires that structured Value Engineering processes be used for certain airport projects that are funded with federal Airport Improvement Program (AIP) grants. LAWA relies on AIP and other federal grants for various airfield and terminal improvements, amounting to $75 million and $62 million in 2011 and 2012, respectively. Although not mandatory, the FAA also recommends that Value Engineering guidelines and specifications be followed for most large capital projects, including those funded with Passenger Facility Charge (PFC) revenue. As of June 30, 2012, LAWA had received authorization from the FAA to spend nearly $2.8 billion in Passenger Facility Charge revenue for capital projects related to terminal development, noise mitigation, airfield development, land acquisition and aircraft rescue and firefighting vehicles. Design and construction industry best practices recommend the use of Value Engineering at the 30% design phase, and federal advisories recognize that by employing Value Engineering principles at the earliest stages of a project, the opportunity for influencing final costs is greatly increased. Distinct from Value Engineering, Cost Engineering is more typically emphasized by LAWA, with more focus on evaluating initial construction cost, rather than evaluating the life-cycle cost implications of design and construction decisions. LAWA has not formalized a structured Value Engineering process, although some important elements exist, and efforts reportedly are being made to strengthen the procedural foundation and approach to evaluating project design and materials alternatives using a structured Value Engineering process. Nonetheless, the current LAWA process may violate federal requirements for some AIP funded projects. LAWA should prepare an assessment of current practices to ensure that design review and Cost Engineering efforts have satisfactorily met FAA expectations regarding the use of structured Value Engineering for AIP funded projects. Based in part on the results of this analysis, LAWA should establish, refine and bolster policies and procedures necessary to ensure that a structured Value Engineering process is established at LAWA and extended to development projects funded from other sources of income, including PFC revenue. By implementing these recommendations, LAWA would be more assured that it would be in compliance with FAA regulations for AIP funded projects, and could potentially achieve greater life-cycle cost savings on all development projects, regardless of funding source. Value Engineering is defined by the federal government as an organized effort to analyze the functions of systems, equipment, facilities, services and supplies for the purpose of achieving essential functions at the lowest life-cycle cost consistent with required performance, quality and Section 1: Value Engineering Harvey M. Rose Associates, LLC 21
safety (Federal Acquisition Regulations, Part 52.248). The U.S. General Services Administration (USGSA) states that, The primary emphasis is placed on obtaining maximum life-cycle value for first-cost dollars expended within project budgets. Improved value can be represented in a number of different ways depending upon specific project needs. This would include improved function, flexibility, expandability, maintainability and/or aesthetics, as well as reduced life cycle cost (LCC). Value Engineering has been an important process for ensuring that organizations achieve the greatest value for cost since the 1940s. Formal Value Engineering requirements and processes were developed and have been institutionalized at the federal level since the 1960s and are now considered a best practice for capital projects in both the public and private sectors. Federal regulations, including Federal Acquisition Regulations Part 52.248, Federal Aviation Administration Advisory Circular Number 150/5300-15A, the Code of Federal Regulations and other directives require the use of Value Engineering on all projects that are funded with federal grants. Standards are defined for the construction industry, generally, and certification is available through the Society of American Value Engineers (SAVE). Some Value Engineering Principles Are Informally Applied at LAWA In 2008, the Federal Aviation Administration (FAA) issued Advisory Circular (AC) Number 150/5300-15A to provide guidance on using value engineering (VE) on airport projects funded under the Federal Aviation Administrations . . . Airport Grant Program. 1 This AC states that, In general, use of this AC is not mandatory. However, use of the AC is mandatory for all projects funded with federal grant monies through the Airport Improvement Program (AIP) and with revenue from the Passenger Facility Charge (PFC) Program. In 2012, the FAA cancelled the requirement that a structured Value Engineering process be used on PFC funded projects, but continued to recommend following the guidance and specifications included in the AC. LAWA relies on federal AIP and other grants for various airfield and terminal improvements, amounting to $75.2 million and $62.4 million in 2011 and 2012, respectively. In addition, as of J une 30, 2012, LAWA had received authorization from the FAA to spend nearly $2.8 billion in Passenger Facility Charge revenue for capital improvement projects related to terminal development, noise mitigation, airfield development, land acquisition and aircraft rescue and firefighting vehicles. Nonetheless, LAWA has not formalized a structured Value Engineering process into its major development processes. Instead, several component features of Value Engineering independently exist and have been implemented as the development projects of the past few years have progressed. For example, LAWA has developed a Design and Construction Handbook in an attempt to standardize the types of equipment and systems installed at the airport. For example,
1 This Advisory Circular replaced AC 150/5300-15, published in 1993, which provided guidance and specifications on structured Value Engineering processes recommended for federally funded transportation projects, but did not mandate use for specific categories of grants. Section 1: Value Engineering Harvey M. Rose Associates, LLC 22
LAWA intends to standardize escalators to be installed in the renovated terminals to reduce life- cycle costs of maintenance and repair. In another example, on the Central Utility Plant (CUP) project, a major objective was to design a facility that would provide long-term operating savings and lowered energy usage. Generally, the Facilities and Maintenance Group at the airport has been tasked with assessing the total cost of ownership when participating in design and construction projects. In addition, some of the more significant efforts undertaken by LAWA for the Bradley West Gates and Core projects have included the following: As part of the master planning process, the architectural firm of Fentress Architects was retained to develop the conceptual framework for LAX development. As part of that process, various alternative concepts were explored and presented to City and LAWA officials, stakeholders (e.g., the airlines) and the community. Through this process, key aesthetic and design decisions were made that, in part, would eventually drive the cost of Bradley West Terminal development and other future projects. However, no structured analysis of lower life-cycle cost alternatives were conducted by an independent third party, although the Construction Manager at Risk (CMAR) recommended Cost Engineering alternatives that would limit improvements to Level 5 and Level 6 of the Core to the minimum standards required for structural integrity, and lowering the ceiling height by 10 feet 6 inches. These suggested design changes were projected to save approximately $11.8 million in initial construction costs, but all were rejected by LAWA, the airlines and the design team. During the design phase, a Program Management Team (PMT) was established to evaluate proposed design attributes, including materials selection, mechanical systems, long-term maintenance and other features that would drive the cost of the facility. Most decisions were informal. For others, analysis reportedly was conducted to determine the cost savings that might result from design modifications. As an example, decisions were made based on an analysis of the initial cost and life-cycle cost of installing a centralized pre-conditioned air system for new gates, rather than installing individual air conditioners at each jetway. It was reportedly found that the centralized system, while more costly to acquire and install, would have a longer useful life and less costly life-cycle cost than installing individual air conditioners at each gate. LAWA has also established interdisciplinary teams for each of its capital program elements, which include representatives from the various operating departments, including Operations, Facilities and Maintenance, and others. These teams are intended to facilitate projects and collectively make decisions regarding design and construction alternatives throughout the process. However, discussions with element managers and operating department representatives suggest that participation on the interdisciplinary teams has been variable and that in some key areas, such as Facilities and Maintenance, the assigned representatives have not been sufficiently trained in cost engineering or Value Engineering principles. Section 1: Value Engineering Harvey M. Rose Associates, LLC 23
LAWA has adopted LEED Building Standards in response to a 2006 Greening LAX policy adopted by the City Council. Accordingly, the design of the building, as well as water reuse and on-site recovery and recycling programs during construction have reduced fuel consumption, waste disposal and related cost. As LAWA goes through its design process, LEED Building Standards are employed to identify opportunities for energy efficiency, waste reduction and other alternatives for reducing environmental impacts and the future cost of operations and maintenance (e.g., environmental control systems). The Bradley West CMAR (i.e., Walsh Austin J oint Venture) conducted some Cost and Value Engineering during the pre-construction and construction phases of the project. There is evidence that the PMT received proposals from a joint effort by both the architect, Fentress Architects, and the CMAR on Value Engineering opportunities, amounting to approximately $94.0 million in savings. Of this amount, LAWA executive management accepted approximately $31.7 million worth of proposed changes that would produce construction savings. However, a review of the line-item proposals indicates that most were Cost Engineering proposals aimed at reducing construction cost but not necessarily considering life-cycle cost to the airport for operations, maintenance and repair. The difference between Value Engineering and Cost Engineering is discussed below, with examples of selected CMAR proposals that lead us to the conclusion that most were Cost Engineering and not Value Engineering in nature. As will be discussed further, below, no formal Value Engineering report has been produced by the CMAR. LAWA More Successfully Implements Cost Engineering Principles Distinguished from Value Engineering, Cost Engineering has been a construction industry best practice for many years. A narrower discipline, cost engineers analyze design, construction and materials alternatives with a goal of reducing the total cost of construction. This is an ongoing process, integrated into both the preconstruction and construction phases of a project. It is neither structured (i.e., many alternatives are identified informally, and not until construction is well underway and opportunities to modify design or construction standards become apparent); nor, does it necessarily consider operational, maintenance and repair impacts or other life-cycle costs. LAWA representatives stated that it employs Value Engineering principles on approximately 90% of all projects, but that the process has not been formalized and reports are generally not produced. Instead, Value Engineering findings are integrated into final design plans and presented to the FAA for review and approval, when required. These final plans and communications with the FAA do not necessarily include an affirmation from LAWA that Value Engineering practices were employed. However, in the judgment of our technical experts, the use of the term Value Engineering is a misnomer. As mentioned above, these efforts, while effective at producing alternatives for reducing construction costs, do not necessarily produce alternatives for reducing life-cycle cost. Section 1: Value Engineering Harvey M. Rose Associates, LLC 24
For example, among the proposals produced from the CMAR review of the design plans for the Bradley West Gates Project, were several that proposed replacing Terrazzo flooring with carpet in some major passenger circulation areas. While the construction savings was potentially significant, amounting to $2.0 million in one area alone, there is no evidence in the record that the shorter useful life of carpet in a heavily trafficked area, and resulting future maintenance, repair and replacement costs, were analyzed or taken into consideration. Other examples include removing escalators and replacing them with staircases, modifying structural design in non- critical areas of the terminal, narrowing corridors, and using less costly materials. While each of these may have been effective alternatives for reducing the cost of construction, there is no evidence that analysis of the long-term operational and maintenance costs, and/or the impacts on the value of building aesthetics and customer experience, were conducted. In another example, during the initial conceptual design phase, certain aesthetic features of the Bradley West Core were endorsed by City officials. Included was the concept of constructing a Great Hall and a complex wave-like roof structure, both of which would be distinguishing features of the building. While these features and associated finishes will make an impressive statement about the City of Los Angeles, it does not appear that a comprehensive analysis was conducted during early project phases to determine the life-cycle cost of incorporating these features into the design. Consequently, a review of Change Order records maintained by LAWA includes a March 2011 authorization to purchase window washing equipment for the Bradley West Core costing $607,000. Further, during interviews, we were advised that LAWA is only now evaluating the logistics and associated cost implications of cleaning and repairing windows in the Great Hall and elsewhere in the terminal during terminal operations, which will be complicated due to floor to ceiling height, limited ceiling or rooftop access points, and the potential need to move equipment into the facility during periods when travelers will be present. Had an independent Value Engineering study been conducted, design features could have been considered that could have potentially mitigated these difficulties. Value Engineering Contract Provisions Are Not Effectively Exercised FAA Advisory Circular No. 150/6300-15A, Subsection 7 states that, VE, as it relates to engineering and the design of projects, is most effective when it is accomplished early in the design phase because ideas are still conceptual and the sponsor and designer can be flexible with decisions without incurring delays in the project schedule . . . Once major decisions (those involving high cost items) are made, the opportunity for influencing final costs is greatly reduced. . . . Value engineering studies for airport grant projects should be conducted when the design is about 30 percent complete. Reportedly, most design and preconstruction contracts at LAWA include provisions for Value Engineering studies to be performed. For example, Section 01 22 00, Subsection 1 of both contracts with Walsh Austin J oint Venture (Gates and Core) state that the PMT (Project Management Team) may direct the CMAR during preconstruction or construction to perform a Value Engineering (VE) study or studies, to evaluate the design and recommend possible value engineering. Consistent with federal regulations, Subsection 5 states that, No action should be Section 1: Value Engineering Harvey M. Rose Associates, LLC 25
labeled Value Engineering and included in the VE study unless the action includes identifying the function, using creativity to develop multiple alternatives, and selecting the alternative that will perform the required function at the lowest total cost considering performance, reliability, quality, and maintainability. Nonetheless, no such study or studies were ever requested by LAWA or prepared by the CMAR during the preconstruction or construction phase. In addition, we were advised that Value Engineering exercises are typically conducted as part of the design process, through meetings and discussions, and so specific reports or studies arent prepared. LAWA Value Engineering Does Not Conform with FAA Guidelines FAA Advisory Circular No. 150/6300-15A, Subsection 8 and Subsection 9 describe very specific requirements to accomplish Value Engineering on a project. Specifically, the FAA identifies the following five characteristics that are essential to its success: a. VE relies on the use of many widely accepted analysis concepts and techniques. b. VE is a systematic process and follows an eight step job plan. c. VE focuses on identifying and analyzing the function the project component(s) or activity fulfills. d. VE utilizes creative techniques, especially brainstorming. e. VE is performed by a team not associated in any way with the design team and draws upon the individual and collective viewpoints, experience and knowledge of its members. As part of the process, Value Engineering follows a structured VE J ob Plan that systematically selects the projects or components to be evaluated; ensures the composition of a team that is collectively competent to perform the assessment; goes through structured information gathering, speculation, evaluation and development phases; and, develops formal recommendations and approvals by the sponsor. After implementation, the FAA suggests that audits be conducted to ensure that desired results have been attained. LAWAs process does not meet these minimum FAA guidelines and specifications. First, the processes followed by LAWA are not systematic and do not follow the recommended eight step job plan. LAWA ADG managers stated during interviews that, while they believe Value Engineering activities are performed, much more work needs to be done to elevate LAWA standards of compliance with FAA guidelines and specifications. Further, as discussed previously, it does not appear that LAWA focuses its analysis on the functions that the components or activities fulfill. Instead, based on the Value Engineering log maintained by the department for the Bradley West projects, most of the emphasis is placed on reducing the cost of construction instead of reducing the life-cycle cost of the functions that the components fulfill. Lastly, Value Engineering does not appear to be performed by an independent third party in all instances. For example, on the Bradley West projects, the CMAR was asked to evaluate the plans developed by the architect and report to the PMT on the results of the analysis. To ensure that a thorough and independent evaluation is performed, the Value Engineering team should be entirely separate and not have a vested interest in project outcomes. Section 1: Value Engineering Harvey M. Rose Associates, LLC 26
LAWA Should Structure a Compliant Value Engineering Process Representatives of LAWA suggest that the absence of a formalized and structured Value Engineering process may be the result of several factors: 1. No structured Value Engineering process was in place, nor was the in-house skill set available to develop or coordinate a comprehensive Value Engineering process when major capital development activity commenced in 2007. This reportedly occurred because the organization had approximately 20-years of deferred maintenance and no major construction projects had been undertaken for a longer period. 2. The condition of the airport and market pressure to modernize its facilities for large international aircraft required that steps be taken to expedite the design, preconstruction and construction stages of the project, and so priorities were placed on maintaining an aggressive schedule and other more critical aspects of the development process. 3. Multiple projects at the airport have been undertaken simultaneously and all have been fast- tracked, so formalized Value Engineering studies have generally not been conducted. Interviews with key engineering managers within ADG indicate that internal practices need to be formalized, refined and bolstered. The federal government provides minimum standards for ensuring the effectiveness of a Value Engineering process. First, FAA Advisory Circular No. 150/6300-15A, Subsection 12 allows two approaches for obtaining Value Engineering services: (1) by securing the services of a contractor specialty firm; or (2) by using internal staff who collectively have the skills necessary to perform Value Engineering analysis. In both instances, personnel must meet the training and certification standards established by the Society of American Value Engineers (SAVE). In addition, Subsection 14 states that if the Value Engineering is to be performed by its own staff, a proposal must be submitted to the FAA for approval prior to the start of any work. Appendix 2, citing excerpts from the Code of Federal Regulations, Subpart 48.2, Section 48.201, requires that an explicit contract between the sponsor and the contractor be approved by the federal government and that periodic progress reports be submitted to the federal contracting officer. Although requested, LAWA was unable to provide copies of contracts, FAA approval letters or Value Engineering studies, as evidence that it has complied with the guidelines and specifications included in FAA Advisory Circular No. 150/6300-15A. As a result, LAWA may not conform with FAA guidance, despite the fact that many positive actions have been taken by the organization to perform cost engineering and other valuable exercises as it proceeds through the early stages of project design and preconstruction review. LAWA management does not have assurance that it is achieving the greatest value for the life- cycle cost to develop the airport. The impact from the lack of a structured Value Engineering process could be significant, since LAWA is presently in the midst of a massive development project that is expected to cost in excess of $6 billion over the next decade. Section 1: Value Engineering Harvey M. Rose Associates, LLC 27
Conclusions LAWA has successfully implemented component features and processes that apply Value Engineering principles. However, it has not implemented a structured process or taken steps to ensure that Value Engineering processes are uniformly applied on every major project. Further, LAWA has not implemented standard procedures or practices that ensure that formal Value Engineering studies are performed for Airport Improvement Program projects. Importantly, LAWA does not have assurance that it is achieving the greatest value for the cost to develop the airport. The impact from the lack of a structured Value Engineering process could be significant, since LAWA is presently in the midst of a massive development project that is expected to cost in excess of $6 billion over the next decade. Recommendations The LAWA Executive Director should: 1.1 Direct staff and request legal counsel to prepare an assessment of past practices used on LAWA development projects, to ensure that design review and cost engineering efforts can satisfactorily meet FAA expectations regarding the use of structured Value Engineering. 1.2 Develop and establish policies and procedures that ensure that a structured Value Engineering program is implemented at LAWA. Costs and Benefits LAWA would incur costs to implement a structured Value Engineering program from either assigning personnel to the function or retaining consultants. However, through a structured process, LAWA could potentially achieve greater life-cycle cost savings and be better able to demonstrate to the public and elected officials that it is cost-effectively implementing projects. Harvey M. Rose Associates, LLC 28 2. CMAR Contractual Relationship LAWA chose to use a Construction Manager at Risk (CMAR) project delivery method for the Bradley West Core and Gates projects, which had never before been used by the department. While the analysis of the benefits of using the CMAR model supported managements decision to move forward in this manner, certain circumstances and project expectations may have prevented LAWA from realizing the models full benefits. For example, a staff report to the Board of Airport Commissioners supporting the use of CMAR as the project delivery method for the Bradley West Core and Gates projects noted the benefits of having the construction manager involved in the design process. However, a majority of change orders have resulted from design changes, owner betterment requests, and/or scope expansion, and plan errors despite the CMARs access to design plans in the pre-construction phase. The CMAR contract agreements for the Bradley West projects appropriately include total contract amount caps, which are the aggregation of Component Guaranteed Maximum Prices for various components of the projects. However, total expected costs may exceed these contract amounts due to the volume of change orders resulting from unknown conditions, owner initiated design changes and other factors. As a result, the risk to the CMAR may have been diluted and the incentives for the CMAR to deliver the project under the contract amount, or the maximum guaranteed price, may have been compromised, since the CMAR can charge management fees on most costs. Further, the CMAR agreements for the Bradley West projects do not contain sufficient controls, including sanctions, to ensure contractor performance in key areas. For example, although the CMAR contracts require performance bonds or 10% retention for each progress payment claimed during the Construction Phase, there are no specifications that directly address CMAR performance related to its Quality Control or Change Management responsibilities. Although LAWA expects to continue with a high level of construction activity for the next five to ten years, it has not initiated any evaluation of the efficiency and effectiveness of the CMAR project delivery method, as implemented for the Bradley West projects, to decide whether it is appropriate or should be modified. LAWA should conduct a post-project assessment of the costs and benefits of the CMAR model and compare it to other possible alternatives; evaluate the CMAR model, as implemented for the Bradley West projects to identify the need for possible modifications to contractor requirements and incentives; and, develop formal criteria for choosing project delivery models for future capital projects. Implementation of the recommendations would allow LAWA to develop more refined contracting strategies and ensure that LAWA interests are protected on future development engagements. Section 2: CMAR Contractual Relationship Harvey M. Rose Associates, LLC 29
Several Project Delivery Methods Exist for Large Capital Projects According to experts in the International Airport Management industry, Construction Manager at Risk (CMAR) is an alternative capital project delivery model where a construction manager is engaged to be directly responsible for project construction. Under this model, the CMAR -- and not the owner -- holds the contracts with individual construction contractors (or self-performs the construction or a portion of the construction) and oversees overall construction activities for a fixed price. Therefore, the CMAR is not just responsible for managing construction schedules and activities, but also assumes the risk for potential cost overruns. Accordingly, CMAR contracts should clearly assign risk to the parties, describe the basis for ensuring contractor accountability and establish sanctions for CMAR non-performance. The other two primary delivery models are Design-Bid-Build (DBB) and Design-Build (DB). Under the more traditional DBB model, the owner or developer retains an architectural and engineering firm to design the project and prepare construction documents. The owner then takes responsibility for the management of the project by directly hiring the construction firms and coordinating the project schedule. Under the DB model, the owner or developer hires a single firm to design and build the project with construction commencing before designs are complete. LAWA has used both the D-B-B and D-B models for other projects. For example, (a) most runway and taxi-lane projects use the DBB model; and, (b) the Central Utility Plant (CUP) project uses the DB model. When considering various delivery models, the primary owner objectives should be cost, quality, and schedule. More specifically, these goals should consider: 1. Final Cost 2. Lifecycle Cost 3. Schedule Duration 4. Owner Control 5. Need for Expertise from Specialists 6. Owner Risk 7. Litigation Risk 8. Cost and Schedule Growth 9. Cost of Design Changes 10. Degree of Design Completion and Construction Start 11. Prescriptive vs. Performance Specification 12. Distribution of Responsibility Generally, owner risks of extending the schedule and increasing costs is lowest under a DB model, higher under a CMAR model, and highest under a DBB model. However, owner control over design detail and ability to make late changes with minimal impact to cost or schedule is generally highest under a DBB model, lower under a CMAR, and lowest under a DB model. These relationships are graphically displayed in Exhibit 2.1, extracted from Airport Owners Guide to Project Delivery Systems, published by the Airports Council International NA, Airports Consultants Council and the Associated General Contractors of America (October 2006). Section 2: CMAR Contractual Relationship Harvey M. Rose Associates, LLC 30
Exhibit 2.1 Schedule, Cost and Owner Involvement Relationships for Three Major Project Delivery Methods
Source: Extracted from Airport Owners Guide to Project Delivery Systems, published by the Airports Council International NA, Airports Consultants Council and the Associated General Contractors of America (October 2006) Evaluation and Selection of Delivery Model Alternatives LAWA chose to use a CMAR project delivery method for the Bradley West projects, which had never before been used by the department. By all accounts, the primary driver for choosing this model was the desire by LAWA and other City officials for an aggressive construction schedule. Therefore, LAWAs choice of a CMAR model reflected its priority to place schedule over cost, while retaining some ability to affect project design as the project moved through parallel design and construction processes. The extent to which LAWA management analyzed the potential risks of employing the CMAR model and determined how best to mitigate those risks is not clear. Additionally, it is not clear whether LAWA management fully examined other hybrid project delivery models that might have been appropriate. Section 2: CMAR Contractual Relationship Harvey M. Rose Associates, LLC 31
In October 2008, the LAWA Board of Airport Commissioners approved a resolution that authorized the use of either the Construction Manager at Risk or Design-Build as alternative delivery systems. The related staff report to the Board of Airport Commissioners gives a general description of the CMAR structure and its purported benefits of: (1) allowing LAWA to maintain control of the design; (2) placing the construction manager at risk to deliver the project at the agreed maximum guaranteed price; and (3) a shortening of the entire schedule by allowing the construction manager to begin construction in packages as design progresses. Further, the staff report noted that by having the construction manager participate in the design process, LAWA would gain the benefit of the firms construction experience and knowledge resulting in a more cost effective and constructible design. However, the staff report did not identify or acknowledge any potential risks of utilizing the CMAR model and strategies for reducing those risks. Requiring an ordinance change, the Board requested and the City Council approved changes to City codes that permitted this action. In the staff report to the Board, it was determined that the Bradley West projects could be completed approximately five to seven months earlier using the CMAR model rather than the more traditional DBB. An April 2009 staff report to the Board of Airport Commissioners for the Bradley West Gates Pre-Construction contract with the CMAR did not include a robust discussion of the costs, benefits or risk of using this model. Rather, the staff report stated that using a DBB model would delay the J anuary 28, 2012 required completion of the Bradley North Gates. The report continued to state that, with the Design-Build delivery model, the owner relinquishes a large degree of design control . . . which is not recommended on a project like the Tom Bradley International Terminal Modernization, or its components, given the complexity of the project. There was no discussion of the method of implementation, including how potential risks of the CMAR model would be addressed, or of the costs and benefits of other, hybrid delivery models. The October 2008 staff report noted that LAWA would negotiate and authorize a guaranteed maximum price on a package by package basis accumulating to a final overall Guaranteed Maximum Price and the final agreement, and its associated Construction Services Option amendment would include the term Aggregate Guaranteed Maximum Price (AGMP). The actual pre-construction services agreement defined this term as: The total not-to-exceed amount payable by LAWA to the CMAR for complete performance of the Work based on the incremental addition of each [Component Guaranteed Maximum Price or] CGMP to the Contract.. If the Cost of the Work exceeds the Aggregate Guaranteed Maximum Price, the CMAR guarantees to complete the Work at no additional cost to LAWA. However, during the course of our audit LAWA representatives have stated that this term is not used for the Bradley West project and that cost overruns were expected from the outset, given the size, complexity and design stage when the project was initiated. This suggests that the importance of the AGMP may have been downplayed as the project was implemented. Section 2: CMAR Contractual Relationship Harvey M. Rose Associates, LLC 32
Bradley West Has Incurred a Large Volume of Changes, Despite the CMARs Access to Design Plans in the Pre-Construction Phase As previously mentioned, the October 2008 staff report to the Board of Airport Commissioners recommending approval of the CMAR model noted that by having the construction manager participate in the design process, LAWA would gain the benefit of the firms construction experience and knowledge resulting in a more cost effective and constructible design. However, a majority of change orders resulted from design errors, owner betterment requests, and design changes. According to ADG reports, the breakdown of the Bradley West project change order categories, by proportional dollar amount, are: Design Evolution 32.7% Owner Betterment 29.1% Document Correction 23.4% Field Conditions 10.7% Code Requirement 4.1% Based on these statistics, only 14.8% of the change orders were attributed to unknown field conditions or unanticipated changes in building codes. The remaining 85.2% were attributed to design changes, owner requested betterment and/or scope expansion, and plan errors. ADG staff has noted that some, but not all, of the design deficiencies are the result of the projects aggressive schedule and complexity. While the project architects and engineers are required to carry $5 million in Errors and Omissions insurance per claim, final determination of potential liability is being deferred until the project is completed. As generally understood in the construction industry and as described in the October 2008 staff report to the Board of Airport Commissioners, CMARs are required to deliver a project within a prescribed schedule and under a Guaranteed Maximum Price (GMP), which provides an incentive to minimize costs because overages for stated work above the GMP are to be borne by the CMAR while savings under the GMP would be retained by LAWA. The CMAR contract agreements for the Bradley West Core and Gates projects included Component Guaranteed Maximum Prices (CGMPs), which together accumulate to final overall Guaranteed Maximum Prices (also referred to as the Contract Amount in the Construction Services Option amendments) for the Bradley West Core and Gates projects. These contract amounts are subject to change order authority up to project contingency amounts of $66.7 million for the Core project and $61.4 million for the Gates project. Increases in project costs as a result of change orders have brought the total contract costs closer to the combined contract authority (the contract amounts and contingency amounts).. Although we requested total cost forecasts that are prepared by ADG staff on a bi-weekly basis for the Bradley West projects, we were not provided with a copy at the completion of fieldwork. As a result, we are not able to accurately project the likelihood that LAWA will exceed the combined Contract Amount and contingency. However, Section 2: CMAR Contractual Relationship Harvey M. Rose Associates, LLC 33
these projects have been subject to a substantial number of change orders, which may result in LAWA exceeding the contract and contingency amounts. As shown in Table 2.1, below, there were 1,154 closed change orders totaling $105,386,542 in changes for the Bradley West Core project and 1,897 closed change orders totaling $86,381,571 in change orders for the Bradley West- Gates project as of September 30, 2012. This activity is significant, since it averages over 127 monthly change orders, amounting to additional costs of nearly $8 million per month over the approximately two year period of construction. Table 2.1 Bradley West Change Order Volume As of 9/30/12 Project Number of Closed Change Orders Number of Change Orders In Process/Under Review Dollar Amount of Executed and Approved Changes Bradley West Gates 1,897 669 $86,381,571 Bradley West Core 1,154 729 $105,386,542 BW Total 3,051 1,398 $191,768,113
Source: Bradley West Gates and Bradley West Core Project Management Dashboard Reports, September 30, 2012 Under the pre-construction and construction services agreement, the CMAR for the Bradley West project compensation is determined using three methods: (1) direct cost reimbursement, (2) overhead, and (3) a CMAR fee. The CMAR may charge a fee of 3.95% (Core) and 5.90% (Gates) for all subcontractor and consultant personnel costs, which supplements reimbursements for the CMARs direct costs and the mark-up on all costs for overhead. The CMAR had access to the design documents during the RFP process and for approximately one year through the pre-construction phase, during which time was charged for pricing the construction components. ADG management and CMAR representatives state that it would have been more beneficial for the CMAR to have been involved earlier in the design stage to more effectively identify the need for design modifications, but this was difficult because of the accelerated schedule. Nonetheless, this preconstruction involvement, beginning in J une 2009 when the Bradley West Gates pre-construction agreement was executed with a one year term, provided a significant period of time for the CMAR to identify design flaws and errors in the construction documents. CMAR May Have Disincentive to Minimize Change Order Costs Our review of processes for the Bradley West Gates and Core projects found that LAWA project managers, inspectors and estimators are fulfilling many of the CMARs contractual roles and responsibilities related to Change Order meriting and pricing, and project quality control (see Sections 3 and 4). Further, the CMAR has routinely missed deadlines clearly established in the contract. Yet there are minimal enforceable remedies and sanctions available to LAWA, despite Section 2: CMAR Contractual Relationship Harvey M. Rose Associates, LLC 34
the fact that the CMAR is being compensated for its direct and most indirect costs associated with the projects (as defined by Federal Acquisition Regulations, or FAR, Part 31). As stated earlier, the CMAR is compensated a 3.95% and a 5.90% management fee on Sub- Contractor/Consultant personnel costs for performing services on the Core and Gates projects, respectively. Although management fees of this nature are common in CMAR contracts, because CMAR fees are to be applied to all personnel costs including additional costs resulting from change orders there may be a disincentive for the CMAR to minimize consultant and subcontractor expenses. The CMAR agreements for the Bradley West Core and Gates projects do not contain sufficient controls, including sanctions, to ensure adequate contractor performance. Although the CMAR contracts allow for the posting of a performance bond or the use of a 10% retention on each progress payment during the Construction Phase until work under specified components has been completed and accepted by LAWA, there are no specifications that directly address CMAR performance as it relates to Quality Control or Change Management. Further, although some sections of the agreements specify that work should conform to the highest professional standards for the construction industry and that only competent workers shall be employed on the work, there are no measurement controls in place to enforce these standards. LAWA Intention to Evaluate the CMAR Model is Unclear LAWA documents establish a high level of activity for the next five to ten years based on existing plans for a mid-field satellite concourse, a connector between Bradley West and the mid-field satellite terminals, and an inter-terminal tram system, among others. However, it is not clear whether LAWA intends to take substantive actions to evaluate the efficiency and effectiveness of the CMAR project delivery method, as implemented for the Bradley West projects, and how it may be applicable to future projects. Given the extensive plans for continued capital development at the airport, it would be in LAWAs best interest to conduct a post-project assessment of the costs, benefits and risks of the CMAR model, and to examine contract language that would give LAWA options for providing incentives and/or enforcing compliance with contract requirements. Conclusions LAWA chose to use a Construction Manager at Risk (CMAR) project delivery method for the Bradley West projects, which had never before been used by the department. While the analysis of the benefits of using the CMAR model supported managements decision to move forward in this manner, certain circumstances and project expectations may have prevented LAWA from realizing the models full benefits. The CMAR contract agreements for the Bradley West projects appropriately include Component Guaranteed Maximum Price (CGMP) caps, which accumulate to overall Guaranteed Maximum Section 2: CMAR Contractual Relationship Harvey M. Rose Associates, LLC 35
Prices (GMP) referred to as the contract amounts. However, total expected costs may exceed these amounts as well as contingencies due to the volume of change orders resulting from unknown conditions, owner initiated design changes and other factors. As a result, the risk to the CMAR may have been diluted and the incentives for the CMAR to deliver the project under the GMP or Contract Amount may have been compromised, since the CMAR may charge management fees on most costs. Further, the CMAR agreements for the Bradley West projects do not contain sufficient controls, including sanctions, to ensure contractor performance in key areas. For example, although the CMAR contracts require performance bonds or 10% retention of each progress payment claimed during the Construction Phase, there are no specifications that directly address CMAR performance related to its Quality Assurance or Change Management responsibilities. Although LAWA expects to continue with a high level of construction activity for the next five to ten years, it has not initiated any evaluation of the efficiency and effectiveness of the CMAR project delivery method, as implemented for the Bradley West projects, to decide whether it is appropriate or should be modified. Recommendations The LAWA Executive Director should direct ADG management to: 2.1 Conduct a post-project assessment of the costs and benefits of the CMAR model. Include a comparison of alternative models. 2.2 Evaluate the CMAR model, as implemented for the Bradley West Gates and Core projects, by reviewing the agreements and the incentive structure they provide. 2.3 Develop formal criteria for choosing project delivery models on future capital projects and ensure that project management and other pertinent staff are made aware of the strengths and weaknesses of all procurement models considered. Costs and Benefits The costs involved with implementing these recommendations include additional staff time to conduct assessments of the CMAR project delivery model and its alternatives as well as time spent developing and vetting formal criteria for choosing project delivery models. The benefits of implementing the recommendations include a richer understanding of the benefits and risks of using a CMAR model for capital projects and a more methodical process for selecting delivery models for future projects. Harvey M. Rose Associates, LLC 36 3. Monitoring CMAR Change Management As generally understood in the capital and airport development industries, a major benefit of the CMAR project delivery model is the transfer of responsibility and a significant amount of risk from the owner to the CMAR for the entire construction effort. However, ADG has not implemented this project delivery model in the most effective manner given that there have been over 3,000 changes to the Bradley West projects scope amounting to approximately $192 million as of September 2012. Approximately $8.8 million of this amount consisted of CMAR management fees. LAWA has not taken sufficient action to ensure that the CMAR for the Bradley West projects effectively analyzes subcontractor change order estimates for accuracy and reasonableness, despite paying the CMAR $4.5 million per year for this service. Additionally, based on discussions with various LAWA staff and a review of files shared with the audit team, the CMAR and ADG Package Managers do not consistently perform independent or sufficient merit reviews of change order requests from subcontractors. Further, the CMAR has not complied with contractual obligations to submit change order requests in a timely manner and LAWA has not aggressively enforced its own change management guidelines or specific time requirements of the CMAR agreements. LAWA has assembled an independent unit of approximately 14 FTE Estimators, to review change order requests. These resources supplement approximately $370,000 paid monthly to the CMAR for administering change management. Even so, LAWA may be incurring unnecessary costs for change order review due to the CMARs substandard analysis of subcontractor cost estimates. Inconsistent merit reviews have led to a higher risk of incurring unnecessary costs and inefficiencies, namely that estimators are sometimes required to review change requests that should not have been merited. Further, due to the lack of compliance with contractual timelines for change estimates, LAWA is at greater risk that subcontractors may not get paid in a timely manner, potentially impacting project schedules, increasing the risk of disputed change requests, and creating additional difficulties for LAWA at project close-out. LAWA should review and strengthen contract provisions for future projects, follow through on communications related to the enforcement of change management contract provisions, enhance monitoring of CMAR performance to include its ability to meet contractual timelines, and conduct a post-project analysis of the resources allocated to CMAR change management functions to determine whether the CMAR exceeded the mean or median amount spent, as a percentage of total costs, and report results to the Board. The benefits of implementing these recommendations include potential reductions in the backlog of change orders, the avoidance of unnecessary costs, minimizing schedule impacts, and ensuring subcontractors are paid on time for the Bradley West projects, as well as future CMAR projects. Section 3: Monitoring CMAR Change Management Harvey M. Rose Associates, LLC 37
CMARs Change Management Does Not Fully Prevent Unnecessary Costs As generally understood in the capital and airport development industries, a major benefit of the Construction-Manager-at-Risk (CMAR) project delivery model is the transfer of responsibility and a significant amount of risk from the owner to the CMAR for the entire construction effort, including the performance risk of subcontract administration and coordination, cost containment, and schedule adherence. However, our review has found that LAWA Airports Development Group (ADG) has not effectively implemented the CMAR project delivery model, or contained unnecessary costs that have arisen from the thousands of changes that have been proposed to the Bradley West project scope. ADG has not taken sufficient steps to ensure that the CMAR effectively implements procedures to avoid unnecessary costs resulting from the change order management function on the Bradley West Gates and Bradley West Core projects (Bradley West projects). ADG Not Requiring CMAR to Adequately Review Subcontractor Estimates LAWA has not effectively overseen CMAR performance of administrative responsibilities on the Bradley West projects. Specifically, ADG has not ensured that the CMAR conducts effective reviews of subcontractor scope revisions being requested through the change order process or subcontractor estimates of change order costs prior to submission to LAWA for approval. As a result, ADG staff is often required to evaluate change orders that have not been thoroughly analyzed or have been incorrectly estimated by the CMAR. ADG staff who are charged with reviewing and negotiating change order cost estimates, report that they are also often required to, in effect, negotiate with CMAR subcontractors on the final amount to be paid (although CMAR representatives are present). This should be a CMAR responsibility, since LAWA has no contractual relationship with the subcontractors. Further, our review of LAWA change order negotiation files for the two Bradley West projects found that the CMAR estimates often include simple oversights requiring LAWA review and correction, such as incorrect labor bussing rates. 1
ADG has established an independent unit of estimators to review and evaluate change order submittals from the CMAR for the Bradley West projects. This unit consists of approximately 14 FTE staff members (which ADG has recently considered expanding), who spend the vast majority of their time on the Bradley West projects assessing the basis for the contractors estimates, validating that standard rates and estimating techniques for work tasks and materials have been used by the subcontractor and the CMAR to arrive at its recommendation, comparing the change order request to the original scope of work and the Change Directive from ADG, and arriving at an independent estimate of cost. While any responsible owner should conduct their own review, regardless of the extent of the construction manager review, the level of effort
1 The agreement with the CMAR allows for billing labor time when accessing or leaving the construction site. For a period of time this was done by bussing workers from an off-site remote parking lot. Subsequently, LAWA provided for an on-site parking lot, which dramatically reduced the amount of time spent by workers on access buses. Section 3: Monitoring CMAR Change Management Harvey M. Rose Associates, LLC 38
required by LAWA for the Bradley West projects is likely more than would otherwise be necessary due to inadequate review by the CMAR. Despite numerous communications with the CMAR on the issue, ADG has not taken sufficient steps to ensure that the CMAR for the Bradley West projects effectively reviews subcontractor change estimates for accuracy and reasonableness. Our review of a random sample of 100 recently closed change order negotiation files for the Bradley West projects shows that the CMAR cost estimates rarely vary from subcontractor estimates, and if they do, the amounts are typically not significant. On average, the CMAR estimates are only 1.7% below subcontractor estimates on the Bradley West Projects (2.54% below subcontractor estimates for the Bradley West Gates and 0.86% below subcontractor estimates for the Bradley West Core projects (95% Confidence Level 10%)), as shown in Table 3.1 below. Table 3.1 Mean Difference Between Subcontractor and CMAR Change Estimates Project Mean Subcontractor Estimate Mean CMAR Estimate Mean Percent Reduction Bradley West Gates $69,212 $67,451 2.54% Bradley West Core $196,083 $194,400 0.86% BW Aggregate $132,648 $130,926 1.70% Source: Records of Negotiations from 100 randomly selected, recently closed Bradley West projects change order negotiation files Further, based on sampling, the CMAR often recommends change order cost estimates prepared by the subcontractor to LAWA, even when it makes a determination that a lower amount is appropriate. Therefore, in most cases the CMAR essentially proposes the estimates provided by the subcontractors with little or no revision. CMAR Change Order Cost Estimates Are Consistently Inflated ADG staff change order cost estimates are consistently and significantly lower than the CMAR change order proposal amounts. Based on our sampling of 100 randomly selected recently closed change order negotiation files, we found that ADG estimators have determined that the CMAR recommended change order amounts were overstated by an average of 16.5% and 11.2% for the Bradley West Gates and Bradley West Core projects, respectively (95% Confidence Level 10%). Further analysis of the sample results indicates that the CMAR agrees to nearly all of the reductions recommended by the ADG estimators. As shown in Table 3.2 below, the average percentage of the reductions accepted by the CMAR for the Bradley West Gates and Core projects equals 78.9% and 93.4%, respectively (95% Confidence Level 10%).
Section 3: Monitoring CMAR Change Management Harvey M. Rose Associates, LLC 39
Table 3.2 Mean Difference Between CMAR and LAWA Change Order Cost Estimates Project Mean Difference Between CMAR Estimate and LAWA Estimate Mean Percent Difference Mean Amount of LAWA Reductions Accepted by CMAR Mean Percent of Proposed Reductions Accepted by CMAR Bradley West Gates ($10,639) -16.5% ($8,396) -78.9% Bradley West Core ($8,202) -11.2% ($7,661) -93.4% BW Aggregate ($9,421) -13.9% ($8,029) -86.2%
Source: Records of Negotiations from 100 randomly selected recently closed Bradley West projects change order negotiation files Based on data provided by ADG, the avoided cost of the LAWA independent estimation process has amounted to approximately $56 million as of November 2012, with approximately $2.8 million of that amount coming from reduced CMAR fees (the CMAR agreement stipulates fees of 3.95% and 5.9% on the Core and Gates projects, respectively). Additionally, we understand from discussions with ADG Estimators that their recommended estimated reductions are often smaller than they otherwise would be due to the difficulty of acquiring documentation to support further reductions. Additional Cost of Ineffective CMAR Reviews LAWA directly reimburses the CMAR for its costs of change order management. Through the Construction Services Agreements, LAWA is providing significant resources to the CMAR for subcontractor administration and coordination, which includes change management functions. Specifically, approximately $370,000 is provided to the CMAR for change management personnel on a monthly basis totaling to nearly $4.5 million per year. 2 This amount is in addition to approximately $9.26 million that was paid out in CMAR fees on change orders (as of September 30, 2012) to compensate for construction management services. However, given the results of the sampling and analysis, it is unclear what benefit LAWA is receiving for such outlays. ADG staff has stated that they consider this function to be almost entirely administrative and not focused on vetting change cost estimates for reasonableness. However, the contract with the CMAR states that the CMAR shall provide a description of possible CMAR actions or solutions to minimize the cost of the Contractor Potential Change Notice and the CMAR may provide an estimate of the adjustment in the Contract Time and Contract Pricing which it believes is appropriate. Further, the ADG Change Management Flow Chart provided to the audit team indicates that the CMAR is responsible for evaluating the price and time associated with every proposed change.
2 Estimate is based on amount paid to CMAR for change management personnel in October 2012. ADG does not track these costs. Section 3: Monitoring CMAR Change Management Harvey M. Rose Associates, LLC 40
Meriting Process for Bradley West Change Orders Generally, before a contractor-generated change order cost estimate is provided by the CMAR (as a Contractor Change Request or CCR), the scope and basis of the proposed change order is submitted to ADG (as a Contractor Potential Change Notice or CPCN) to determine if a change order has merit. The merit review is conducted by the Package Manager (aka Project Manager) who either denies the request with a Field Directive or authorizes it with a Change Directive. If a Change Directive is issued, the CMAR is required to submit an itemized cost proposal in the form of a CCR, which is referred to the ADG Estimating Unit for review. Based on discussions with various ADG staff and a review of files that they shared with the audit team, ADG Package Managers and the CMAR do not consistently perform independent or sufficient merit reviews of change requests from subcontractors. Therefore, ADG estimator staff has been required to evaluate some change order requests that have not been sufficiently justified by the CMAR. In one instance (Bradley West Gates Contractor Change Request #6686), a review of the negotiation file found that the CMAR submitted a proposal for $393,378 worth of structural steel work at two gates. Although this change was merited by LAWA, the ADG estimators were able to negotiate a final change amount of only $826 for a total savings of $392,552 (or 99.8%) from the recommended amount of $393,378. After review and onsite investigation by multiple LAWA staff members, a LAWA assessment showed that the requisite change in scope was minor and expected to cost less than $4,000. However, the CMAR review of the change proposal estimate from its structural steel subcontractor failed to identify the significant flaws in the proposed scope of work and costs, and it could be argued that the change order request from the sub- contractor should not have been merited by the CMAR or by ADG, given the settlement amount. It is our understanding from discussions with ADG staff that these types of deficiencies are identified frequently in Bradley West change orders. Delayed Oversight has led to Significant Backlog of Change Orders The CMAR has not complied with contractual obligations to submit change order requests in a timely manner and LAWA has not consistently enforced such provisions, resulting in sizeable delays to change order processing. ADG staff has noted that although ADG recognized the tardiness of change orders very early in the project, LAWA agreed to not enforce the contractual timelines, but rather to continue to track the changes day by day as they are submitted. Staff noted that this was done in order to keep the Bradley West projects on schedule, and to assure the subcontractors that they would get paid in a timely manner for change work. The construction services agreements for the Bradley West Projects require the CMAR to promptly submit a written notice of matters or circumstances which the CMAR believes might require a change in the contract document, contract time, or contract pricing by submitting a Contractor Potential Change Notice (CPCN) within seven working days after the CMAR Section 3: Monitoring CMAR Change Management Harvey M. Rose Associates, LLC 41
becomes aware of such circumstances. The construction services agreement also requires the CMAR to submit a complete and itemized estimate in the form of a CCR within 21 days after submitting a CPCN. ADG construction management guidelines also require the CMAR to submit a CCR within 21 days after receiving a Change Directive for owner-initiated changes. Although the construction services agreements state that LAWA, in its discretion may grant extensions in writing for the submission of CPCNs, the use of extensions appears to have been applied liberally as a policy choice by LAWA. Contractual Timeline Requirements Not Monitored by ADG ADG does not monitor or report on the aging of deliverables with timelines stipulated by the construction services agreements and the ADG construction management guidelines. The construction services agreement and the ADG construction management guidelines define the change management process and the roles of the CMAR and of ADG. According to the agreement and the guidelines, the CMAR waives any claim for an adjustment to the contract pricing or contract schedule if it does not submit its notice of a potential change (CPCN) or its itemized proposal for change orders (CCR) within seven or 21 days, respectively, or within such extension that LAWA may have granted in writing. The audit found that although ADG management monitors change orders globally for each project based on the number of changes at each step in the established process, there is no formal monitoring or reporting of CMAR compliance with the time requirements established in the construction services agreements. Contractual Timeline Requirements Not Enforced Until Recently Until recently, ADG had not enforced the contractual timing requirements for change orders, raising the risk of subcontractors not getting paid in a timely manner, potentially impacting the construction schedule, increasing the risk of disputed CCRs, and creating additional difficulties during the project close out phase. As recently as November 2012, ADG had accepted CPCNs from the CMAR at the point they were received, regardless of whether the CPCNs were submitted within the seven day required contractual timeframe. Similarly, up until October 2012, LAWA had not enforced the contractual timeframe for CCRs even when it received CCRs, on average, over four weeks after the contractually required timeframe of 21 days, according to our analysis of all closed contractor generated change orders for the Bradley West projects. We also noted that these averages may be somewhat inflated by outliers as the median tardiness was five days for the Gates Project and nine days for the Core Project. Nevertheless, these delays raise risks, such as subcontractors not getting paid on time and increasing the risk of disputed change requests, as described above. Additionally, a majority of the CPCNs that have been submitted past the seven day deadline represent cases where the subcontractors and/or CMAR have proceeded with work based on a Request for Information, but without a full review of the scope and costs. This may raise the risk of incorporation of unnecessary work and/or costs into change orders. ADG had identified the CMARs failure to meet contractually prescribed timelines for submittal of CCRs at the outset of the construction phase in 2010, but corrective actions were not taken Section 3: Monitoring CMAR Change Management Harvey M. Rose Associates, LLC 42
until J anuary 2012. Further, it is not clear if actions taken to reduce delays will improve processing for the Bradley West projects. After identifying a significant backlog of CPCNs without adjoining CCRs, a charter was drafted and signed by the CMAR in J anuary 2012. The charter included a CMAR pledge to take steps to reduce the change order request backlog over the subsequent months. The charter included a provision that the CMAR was to submit associated CCRs for all CPCNs opened prior to December 31, 2011 by no later than September 30, 2012. Following the September 30 th charter deadline, ADG management identified that the CMAR had not submitted most of its CPCNs within the seven day contractual requirement. In an October 15 th letter to CMAR management, ADG noted that beginning November 5 th , LAWA would no longer accept CPCNs that arrive after the contractual timeframe of seven days. Efforts to Enforce Compliance Have Had Limited Impact The delayed efforts by ADG to enforce compliance of contractual timelines has had limited response from the contractor thus far. According to discussions with ADG management, the CMAR waited until the end of the eight month submission timetable to provide most of the requisite documentation. Further, many of the submissions from the CMAR were for additional time extensions rather than completed CCRs. A review of Bradley West monthly project status reports showed that the number of change orders in the under merit review stage of the change management process spiked in October 2012 (the month after the deadline for submission of CCRs) for the Gates and Core projects by 55.1% and 39.7%, respectively, from the prior month. A review of a random sample of 100 recently closed negotiation files for the Bradley West projects found that the CMAR has been engaged in initially submitting incomplete CCRs and later submitting revised CCRs with no scope change, but with additional costs. Additionally, in one CCR file we reviewed, ADG staff discovered that a false document had been submitted for a $9,000 cost item, a practice that the staff noted is on going with this subcontractor and others. When ADG staff confronted the subcontractor on the issue they were told it was submitted as a place holder for expected costs in order to expedite change order processing. Additionally, according to discussions with ADG management, the CMAR is making greater use of the established Dispute Resolution Process to appeal changes that are not approved by LAWA, including change requests intended to modify contractual timelines. Further, ADG management has indicated that the CMAR is allowed to revise CCRs that have not yet reached the settlement stage. While this may be common practice at LAWA, the CMAR agreements do not specifically address this issue other than to state that the CCRs should set-out as specifically as practicable the requested adjustments to the Contract Pricing, Contract time or other Contract provisions. Section 3: Monitoring CMAR Change Management Harvey M. Rose Associates, LLC 43
Conclusions The LAWA Airports Development Group (ADG) has not effectively overseen the Construction- Manager-at-Risk (CMAR) change order management function on the Bradley West Gates and Bradley West Core projects (Bradley West projects), to ensure that unnecessary costs are avoided. ADG has not taken sufficient action to ensure that the CMAR for the Bradley West projects effectively analyzes subcontractor change estimates for accuracy and reasonableness. Our review of a random sample of 100 recently closed change order negotiation files for the Bradley West projects shows that the CMAR cost estimates rarely vary from subcontractor estimates, and if they do, the amounts are generally not significant. Further, the CMAR often recommends the subcontractor change order cost estimates to LAWA, even when it makes a determination that a lower amount is appropriate. In effect, the CMAR is proposing the estimates provided by its subcontractors with little or no revisions. ADG staff change order cost estimates are consistently and significantly lower than the CMAR change order proposal amounts. Based on sampling of 100 randomly selected, recently closed change order negotiation files, we found that ADG estimators have determined that the CMAR recommended change order amounts were overstated by an average of 16.5% and 11.2% for the Bradley West Gates and Bradley West Core projects, respectively. Based on data provided by ADG, the avoided cost of the LAWA independent estimation process has amounted to approximately $56 million as of November 2012. Based on discussions with various ADG staff and a review of files that they shared with the audit team, ADG Package Managers and the CMAR do not consistently perform independent or sufficient merit reviews of change requests from subcontractors. In one instance (Bradley West Gates Contractor Change Request #6686), a review of the negotiation file found that the CMAR submitted a proposal for $393,378 worth of structural steel work at two gates was eventually settled for $826. It could be argued that this change order request from the sub-contractor should not have been merited by the CMAR or by ADG, given the settlement amount. The CMAR has not complied with contractual obligations to submit change order requests and cost estimates in a timely manner and LAWA has not monitored or consistently enforced such provisions, resulting in sizeable delays to change order processing. Up until October 2012, LAWA had not enforced this contract provision even as it received CCRs, on average, over four weeks after the contractually required timeframe of 21 days, according to our analysis of all closed contractor generated change orders for the Bradley West Gates and Core projects. The delayed efforts by ADG to enforce compliance of contractual timelines has had limited response from the contractor thus far. These delays raise the risk of subcontractors not getting paid on- time, schedule impacts to some work, increased risk of disputed CCRs, and additional difficulties for LAWA when it is time to close out the project after construction is complete. Section 3: Monitoring CMAR Change Management Harvey M. Rose Associates, LLC 44
Recommendations The LAWA Executive Director should direct ADG management to: 3.1 Review contract provisions, such as Articles 01 23 00 (Change Orders), 01 24 00 (LAWA Initiated Changes), and 01 25 00 (CMAR Change Request) in the Bradley West Construction Agreements, to strengthen language and expectations of CMAR change management for future projects. Specific areas that could be strengthened include the expectation of the CMAR role in the meriting review process, pricing estimation for proposed change orders, and the acceptability of CCR revisions that contain cost increases, but no changes in the scope of work. 3.2 Follow through on formal communications to the CMAR management regarding contractual provisions requiring the CMAR to submit CPCNs and CCRs within the timeframes stated in the agreement. 3.3 Formally communicate that unsupported estimates used as placeholders, as well as CCR revisions that do not contain changes in scope, will not be accepted. 3.4 Consider enhancing the monitoring of CMAR performance of change management to include its ability to meet contract prescribed timelines for change submittals to reduce the risk of schedule impacts, that subcontractors will not paid in a timely manner, and to ensure the project may be closed out with an efficient and effective process. 3.5 Conduct a post-project analysis of the resources allocated to CMAR Change Management functions by LAWA under the Bradley West project budgets to determine whether they exceeded the mean or median amount spent, as a percentage of total costs, on this administrative function. Report results to the Board of Airport Commissioners. Costs and Benefits The costs of implementing these recommendations include additional staff time to review contract provisions, draft and review communications to the CMAR, create and implement additional monitoring processes, and conduct a post-project analysis. The benefits of implementing these recommendations include potential reductions in the backlog of change orders, the avoidance of unnecessary costs, minimizing schedule impacts, and ensuring subcontractors are paid on time for the Bradley West projects, as well as future CMAR projects. The benefits would also include having a better understanding of the true administrative costs of the CMAR model relative to other capital projects. Harvey M. Rose Associates, LLC 45 4. CMAR Quality Assurance Monitoring The active Construction-Manager-at-Risk (CMAR) contracts for the Bradley West Gates and Core projects at Los Angeles International Airport, along with the LAWA-approved CMAR Quality Control (QC) Plan, outline the Quality Control (QC) services to be provided by the CMAR. As defined, the CMAR QC staff members are responsible for reviewing and testing completed construction elements first, and then LAWA inspectors perform a final review to ensure that construction elements comply with applicable plan specifications and codes. LAWA may be performing QC functions assigned to the Contractor and for which the Contractor is already compensated, through the executed contracts, amounting to approximately $122,600 per month, or $1.5 million per year. LAWA may be incurring unforeseen costs because of the duplication of efforts, along with other inefficiencies in the CMAR-LAWA relationship. Because LAWA inspectors do not have, or do not follow all procedures for tracking inspection activity or monitoring the performance of the CMAR, management is unable to effectively gauge CMAR QC performance or overall CMAR compliance with active contracts. The LAWA Construction Inspection Division Procedures Manual establishes LAWA policies on processing and monitoring a contractors work product. Weaknesses in the practice of CMAR performance monitoring may result in deficiencies in construction, which may affect the integrity of the work element and increase the possibility of future litigation. Incomplete records of communication between LAWA and the CMAR pose a risk for LAWA if litigation occurs. Additionally, LAWA is exposing itself to additional unforeseen costs by, in a handful of cases, funding changes to incorrectly completed construction elements. A revision of the LAWA Construction Inspection Division Procedures Manual could help to codify outstanding ambiguities, notably those related to the issuance of Job Memos and Notices of Noncompliance, as well as those related to tracking inspection records. Making the Manual readily available and providing training to LAWA inspector staff on records and information management procedures to ensure that staff are knowledgeable about requirements and equipped to comply with them may help ensure that inspector staff follow required procedures.
The inspection processes for both in-progress and completed work elements are described in the active contracts and established through informal agreements with the Construction-Manager-At- Risk (CMAR) for the Bradley West Gates and Core. In general, the initial inspections and testing Section 4: CMAR Quality Assurance Monitoring Harvey M. Rose Associates, LLC 46 are to be performed by the CMAR Quality Control (QC) program to verify that construction meets the requirements of applicable building codes and the specifications defined in the job plan. After the QC staff determines that the construction element meets the job specifications, QC staff submit a Request for Inspection to LAWA inspector staff. The submittal of the Request for Inspection initiates the final inspection of the work element by the LAWA inspector staff to verify that the work has been performed as required. During the construction process, but separate from the Request for Inspection process, LAWA inspector staff have several tools available to enforce CMAR compliance with code and stipulated technical job specifications. LAWA inspector staff can verbally notify the CMAR if an inspector observes a work element that is not compliant with code or technical job specifications. If the verbal notification does not result in the CMAR addressing the matter, the LAWA inspector staff member can document the noncompliance issue by issuing a formal J ob Memo to the CMAR. Neither the verbal notification nor the J ob Memo requires action by the CMAR, but if the compliance issue remains unaddressed after the issuance of a J ob Memo, the LAWA inspector staff member can issue a Notice of Noncompliance to the CMAR regarding the compliance issue. If this occurs, the CMAR, and thus the subcontractor responsible for the work element, may not receive payment on the work until the noncompliant work product has been addressed. CMAR Quality Control Services May Not Be Sufficiently Monitored The executed contracts with the CMAR for the Bradley West Gates and Core projects outline some key components of the inspection processes. The contracts stipulate that the CMAR QC program is to perform inspection and testing of all items of work required by the technical specifications, including those performed by subcontractors. The inspections and testing performed by the CMAR QC team of subcontractor work should precede inspections and testing performed by LAWA inspector staff. The QC Plan defines the structure, staffing, responsibilities, and procedures surrounding the CMAR QC program, and the QC Plan is required of the CMAR by the executed contracts to be submitted to and approved by the LAWA inspector staff prior to the commencement of construction. LAWA Inspector Staff Are Not Actively Reviewing QC Performance While the executed contracts state that the LAWA inspector staff should review QC reports and conduct audits to check for deficiencies in CMAR QC work, the LAWA inspectors do not keep a record of CMAR QC staff performance. Interviews suggest that such a record is sensitive to maintain, since it potentially jeopardizes the working relationships between the CMAR QC staff and LAWA inspectors. Section 4: CMAR Quality Assurance Monitoring Harvey M. Rose Associates, LLC 47 However, LAWA inspectors have maintained such records on other LAWA projects, and to illustrate, two specific Notices of Noncompliance for the Taxilane S project were brought to the attention of auditors. The first Notice of Noncompliance, No. 114, states that a contractors QC representative was not present during the welding of a gas line, and a contractors QC representative is required to be present for all welding activities. The second Notice of Noncompliance, No. 202, shows that the LAWA inspectors rejected poured concrete due to visible cavities and invisible voids that can be felt when tapping to the placed concrete walls. As reported, these concrete imperfections should have been caught in the initial contractors QC inspection before being referred to the LAWA inspector team for sign-off. Maintaining such a record of CMAR QC staff performance would help to highlight deficiencies in the relationship between the CMAR QC staff and the LAWA inspector staff. Quality Control Plan and Program May Not Align With Needs Having the ability to measure performance would help LAWA evaluate whether the CMAR is accomplishing the objectives of the approved QC Plan. For example, LAWA inspector staff suggested that the inability of the CMAR to achieve the goals of the program may relate to the level of staffing assigned to the QC function under the plan. Reportedly, the LAWA inspectors are taking primary responsibility for ensuring conformity with applicable specifications and plans with respect to materials, workmanship, construction, finish, and function, in some cases performing roles intended for the CMARs QC team. This level of effort by LAWA is in addition to approximately $122,600 paid per month, totaling approximately $1.5 million per year, 1 to the CMAR for fulfilling its QC responsibilities under the construction agreements. Interviews suggested that the CMARs QC staff members are not consistently present on job sites when required and, instead, may rely on the report of the subcontractor project manager or the foreman regarding the quality of the work product. Persons interviewed were of the opinion that the likely cause is the quantity of the work to be inspected within the schedule, given the number of CMAR inspectors, which total 10 inspectors and 2 managers. Because a record of CMAR QC performance is not maintained by LAWA, this assertion cannot be independently verified. For example, no data exists to determine the number of QC inspections performed per inspector per day, the complexity of the inspections that are performed, or performance against the Request for Inspection date. Further, an assessment of basic staffing, workload, and activity data may not fully describe the capacity of the CMAR to perform the QC function. For example, representatives of the CMAR noted that subcontractors may be required to add a dedicated QC staff person on contracts, if certain thresholds stipulated by the CMAR are met. However, those thresholds were not well defined for the audit team and records demonstrating the extent of such requirements are not maintained. The addition of some QC staff as part of the subcontractor work requirement may be alleviating some of the reported QC work overload, but there is not a corroborating report of the actual practice.
1 Estimate is based on amount paid to CMAR for Quality Control personnel in October 2012. ADG does not track these costs, so a compilation of the actual annual cost could not be conducted. Section 4: CMAR Quality Assurance Monitoring Harvey M. Rose Associates, LLC 48 Procedures for Requests for Inspection are Inconsistent As currently established, once a work element has passed inspection and testing by CMAR QC program staff, the LAWA Inspection Division receives a Request for Inspection. The submittal of a Request for Inspection certifies that the work element has passed inspection and testing by the CMAR QC team. The Request for Inspection initiates the final inspection of the work element and may result in the following determinations: The work product is accepted by the LAWA inspector staff, and the subcontractor is allowed to proceed with the next phase of construction; The work element is rejected by the LAWA inspector staff, and the subcontractor is not allowed to proceed with construction until noncompliance matters are addressed; The work element is partially accepted by the LAWA inspector staff, and the subcontractor may proceed, but needs to resolve more minor noncompliance matters; and, The Request for Inspection is cancelled before an inspection, so the inspection is not made. Cancellations are initiated by the CMAR, and it was suggested in interviews that this may be occurring after the CMAR is verbally advised by the assigned inspector that the work product is not ready for inspection. Request for Inspection Process Lacks Codification The Request for Inspection process is not consistently used to initiate a LAWA inspection or to track performance. Instead, the decision to use the Request for Inspection process may be decided jointly by the CMAR and the associated LAWA inspector team, depending upon the complexity and scale of a project. As repeatedly reported to the audit team, the chief benefit of the Request for Inspection process, which is standard practice in the Los Angeles Building and Safety Department, is to record the acceptance of work that has been completed. The policies regarding the use of Requests for Inspection are not defined in the CMAR agreements or in the LAWA Construction Inspection Division Procedures Manual. Instead, managers in the LAWA Inspection Division reported that there are informal agreements between the CMAR and LAWA inspector staff, which initiate the use of the Requests for Inspection. Though the lack of formal Request for Inspection policies presents an opportunity for the LAWA inspectors and a contractor to tailor the process to specific project needs, the lack of defined policies and procedures makes it an unreliable mechanism for tracking construction contractor and subcontractor performance. In the absence of defined policies surrounding the Request for Inspection process, it was reported that Request for Inspection documents are not consistently submitted by the CMARs QC inspectors for each construction element that is considered complete. LAWA inspectors attribute this to the large quantity of construction elements that require inspection by LAWA inspectors. LAWA inspectors state that they visit job sites with enough frequency that, occasionally, construction elements are approved informally, with no record of the approval. Given that Section 4: CMAR Quality Assurance Monitoring Harvey M. Rose Associates, LLC 49 maintaining a record of completed construction elements is the chief benefit of the Request for Inspection process, the lack of maintained policies for the documentation of the Request for Inspection process presents a potential source of risk for LAWA. Requests for Inspection Are Not Currently Logged by LAWA For the Bradley West Gates and Core projects, LAWA inspectors do not log Requests for Inspection or track the results of inspections, so there is no LAWA summary record of inspection activity. Requests for Inspection records could only be provided to the audit team by the LAWA inspector staff from physical copies of the individual documents. PDFs of Request for Inspection source documentation are also uploaded to Prolog, a document management system, though there is no way to assess aggregate data through Prolog and it was reported that not all documents had been uploaded to the system. The LAWA Construction Inspection Division Procedure Manual states that the Field Inspector is to maintain logs to track correspondence/documentation such as RFIs, Field Memos, submittals, etc. While the Manual does not clearly define the content of the logs, the lack of any internally maintained logs reflecting aggregate data for issued Requests for Inspection is a technical violation of these procedures. According to the executed contracts, the CMAR is responsible for tracking inspections in an Inspection Control Log. However, LAWA inspector staff does not have routine access to this log, though it was reported in interviews that logs could be requested from the CMAR when required. The lack of regular access to CMAR logs and the absence of LAWA Inspection Division logs with associated outcome data inhibit LAWA inspector staffs ability to assess overall CMAR performance or identify trends in subcontractor performance by analyzing frequencies in Rejected or Partially Accepted results. By tracking the results of the Requests for Inspection, LAWA could use the Requests as a key component of a performance measurement tool. The ability to assess Request for Inspection outcomes at a high level could point out increased frequencies of partial acceptances and rejections for certain construction elements within the Bradley West Gates and Core, allowing the LAWA inspector team to take proactive measures to address deficiencies. Based on a sample of 195 Requests for Inspection submitted between August 2012 and November 2012: 51.3% were accepted, which means the work product was approved and the construction subcontractor was allowed to proceed with construction; 9.7% were rejected, which means the subcontractor was not allowed to proceed with construction until noncompliance matters were addressed; 27.7% were partially accepted by the LAWA inspectors, meaning the subcontractor may proceed, but needed to resolve noncompliance matters; and, 9.7% were cancelled Requests for Inspection, which are typically Requests for Inspection the CMAR submits and chooses to revoke. Section 4: CMAR Quality Assurance Monitoring Harvey M. Rose Associates, LLC 50 For 1.5% of the sample, such data was not recorded in the source document. This aggregation of data can help to elucidate CMAR and subcontractor performance. A table displaying sample results is provided below.
Table 4.1 Sample Summary of Requests for Inspection Status August 2012-November 2012
Source: Bradley West Gates and Core Requests for Inspection submitted to LAWA
Inspection Compliance Tool Benefits Are Not Fully Realized During the construction process, the LAWA inspector staff have a several tools at their disposal to enforce CMAR compliance with job specifications. LAWA inspector staff regularly visit work sites, with or without the prompting of Requests for Inspection, and in doing so, if a LAWA inspector staff member notices a work element that does not follow the job specifications, a verbal notification can be issued to the subcontractor and the CMAR, observing the compliance issue. If the verbal notification does not result in the CMAR addressing the matter, the LAWA inspector staff member can issue a J ob Memo to the CMAR, documenting the compliance issue. Neither the verbal notification nor the J ob Memo, contractually or otherwise, requires action by the CMAR or subcontractor. If the compliance issue remains unaddressed after the issuance of a J ob Memo, the LAWA inspector staff member can issue a Notice of Noncompliance to the CMAR regarding the compliance issue. If this occurs, the CMAR, and thus the subcontractor responsible for the work element, may not receive payment on the work until the noncompliant work element has been addressed. Current Structure Facilitates Inspector Staff Ability to Stop-Payment The current organizational structure of the Airport Development Group (ADG) is intended to provide LAWA inspector staff with the ability to actively address concerns about CMAR and construction subcontractor performance. Within ADG, LAWA inspectors currently report directly to the ADG Program Manager. This structure ensures that the independence of the LAWA inspectors is protected and that project teams can be held accountable for contractor performance. Accepted Rejected Partial Acceptance Cancelled Unknown Total Numbers of Requests for Inspection 100 19 54 19 3 195 Percent of Requests for Inspection 51.3% 9.7% 27.7% 9.7% 1.5% 100.0% Section 4: CMAR Quality Assurance Monitoring Harvey M. Rose Associates, LLC 51 Additionally, LAWA inspectors review CMAR invoices and have the authority to stop payment if a LAWA inspector determines that construction does not meet contract specifications or code. Although infrequently exercised, this authority provides LAWA inspectors with a valuable tool for ensuring CMAR and subcontractor compliance. Outcomes of Job Memos Are Not Logged A J ob Memo is issued to the CMAR by LAWA inspectors when a verbal notification of a problem with a construction element does not resolve the noncompliance issue. While J ob Memos are recorded by LAWA inspectors, for the Bradley West Gates and Core projects, LAWA inspectors only log the issuance date, subject, J ob Memo number, and the issuer for each J ob Memo. Although the J ob Memo log provided to the audit team by the LAWA inspectors has fields for recording the resolution of the J ob Memo, date resolved, and release signature, these fields are generally not populated, even though these fields are routinely completed for other projects at the Los Angeles International Airport, such as the CUP and Taxilane S. While this level of tracking is not required by either LAWA policy, LA City policy, or by the executed contracts, tracking the outcomes of J ob Memos would enable LAWA inspectors to better monitor contractor performance. Job Memos Are Inconsistently Implemented Because there is no contractual obligation, LAWA policy requirement, or LA City Code requirement that the CMAR or its subcontractors take action on J ob Memos issued by LAWA inspectors, the CMAR has reportedly requested that the intermediate J ob Memo step in the notification process be eliminated. Bypassing the J ob Memo step would be a violation of the LAWA Construction Inspection Division Procedures Manual, which stipulates J ob Memos are to precede Notices of Noncompliance. J ob Memos function as the first formal, written notification of a compliance violation after a verbal notification has failed to rectify the given issue. The J ob Memo step serves several key purposes, as identified by the audit team: 1. It is a textual clarification of the compliance violation and required remedial action, which may aid in the performance of actions to ensure compliance. 2. It aids in the full documentation of the communication between the CMAR and the LAWA inspector staff that can be referenced in the event of litigation. 3. It is an integral step in the escalating notification process as, if the noncompliant work is addressed with the issuance of the J ob Memo, it does not necessarily stop work and slow the construction process. It was reported that, in most cases, LAWA inspectors presently issue Notices of Noncompliance directly after a non-compliance concern is identified and verbally communicated to the CMAR. According to LAWA inspector staff, in response to the request made by the CMAR, J ob Memos are no longer consistently issued by LAWA inspectors for the Bradley West projects. This is Section 4: CMAR Quality Assurance Monitoring Harvey M. Rose Associates, LLC 52 justified by some LAWA inspector staff, who report that bypassing the J ob Memo process improves the efficiency of the communication between the LAWA inspectors and associated CMAR subcontractors. However, this assertion could not be validated. Conversely, it was also reported that some inspector staff still use J ob Memos in the event the inspector wants to ensure the documentation of the communication between the inspector and the CMAR. Because J ob Memos are intended to precede Notices of Noncompliance, there should be more issued J ob Memos than issued Notices of Noncompliance on record for all projects. However, a review of the complete logs for both J ob Memos and Notices of Noncompliance for the Bradley West Gates and Core projects revealed that fewer J ob Memos than Notices of Noncompliance have been issued to the CMAR. This differential is consistent with the J ob Memo bypassing practice that LAWA inspectors described during the audit process. Table 4.2 Number of Issued Job Memos Compared to Number of Issued Notices of Noncompliance
Project Number of Job Memos Issued (as of 11/01/12) Number of Notices of Noncompliance Issued (as of 11/01/12) Bradley West Gates 120 303 Bradley West Core 72 157 Source: Bradley West Gates and Core logs for issued Job Memos and issued Notices of Noncompliance Notices of Noncompliance Can Be Addressed Through Change Directives When a J ob Memo evolves into a Notice of Noncompliance, the CMAR can avoid the need to modify or replace the non-compliant construction by consulting with the Field Engineer, Project Manager, or Element Manager, depending on the scope of the change, and obtaining a Change Directive. A Change Directive can modify the contractual job specifications to conform to the existing work product. This may be a positive process, which enables the CMAR and LAWA to move forward on projects when the completed work, while different from the original job specifications, fits the intent of the design and adheres to code. However, when there is an additional cost associated with an issued Change Directive, LAWA can bear the cost even when construction modifications were not approved ahead of time. Two specific Notices of Noncompliance that evolved into Change Directives for the Bradley West Gates project were brought to the attention of auditors. In the two cases, LAWA bore the cost of changes that were approved, even though the construction deviated from specifications. These are described below: Section 4: CMAR Quality Assurance Monitoring Harvey M. Rose Associates, LLC 53 In the first Notice of Noncompliance, NNC 0068, newly constructed connections to an existing storm drain pipe in the Bradley West Terminal tested positive for sewage, a violation of the job specification plans. A Notice of Noncompliance was issued for the incorrectly installed drain connections and the subsequent contamination, and the cross-connections were corrected by the subcontractor. A Change Directive was issued to ensure the work plan included the work necessary to perform the alteration to the incorrectly installed cross- connections, and payment was authorized to the Contractor, under FD 0327, from an existing allowance for pot-hole repair that was no longer required, to repair the problem. The total cost of this change was $15,798, paid by LAWA, even though the incorrect installation was inconsistent with the job specifications and should have been corrected by the subcontractor or identified by the CMAR during the QA process. The second Notice of Noncompliance, NNC 122, notes the Contractor did not provide the proper restraints at full height knock-out walls. A Request for Information was submitted by Walsh Austin to LAWA to explore changing the requirement for the restraints and instead using braces rather than restraints. The subsequently issued Change Directive approved the braces and set a not-to-exceed amount of $5,410 for the change. The Change Directive ended with a total cost of $6,835, again paid by LAWA, even though the incorrect restraints were installed by the subcontractor. During the course of the audit, other instances of noncompliance impacting both the project schedule and costs were brought to our attention by persons who independently contacted the City Controller. While not discussed specifically in this report, these instances were similar to the examples described above, since work progressed after it became apparent that some construction was performed incorrectly, the schedule was impacted and additional unanticipated and substantial cost was incurred by LAWA. The Procedures Manual Is Not Readily Accessible As previously mentioned, the Request for Inspection process as well as the implementation of inspector compliance tools lack clear codification in the LAWA Construction Inspection Division Procedures Manual. Furthermore, based on interviews, a complete version of the LAWA Construction Inspection Division Procedures Manual is not centrally located, readily available, or routinely updated. The audit team did not receive the Manual immediately after the initial request for the Manual because, reportedly, the Manual needed to be compiled and updated sections needed to be included in the final submittal to the audit team. Inspection Division personnel stated that the development of the Manual was underway during audit fieldwork. This Manual should be the formalization of the inspection processes and procedures, and be used to ensure uniformity and to minimize risks associated with the inspection process. The Manual should be made easily accessible and readily available in an up-to-date version as a reference for both the CMAR and LAWA. The previously noted violations of procedural requirements may, in part, be due to the Manuals lack of availability.
Section 4: CMAR Quality Assurance Monitoring Harvey M. Rose Associates, LLC 54 Conclusion The general lack of codification of key policies and procedures and the adherence to existing policies and procedures present a range of risks. It was reported in interviews that the scope of the Bradley West Gates and Core projects and the aggressive timeline for the projects have resulted in pressure to expedite the typical pace of construction, and may prohibit a fully thorough completion of each construction element. However, based on the audit teams evaluation of the highlighted problem areas, other causes likely include: (a) management has not developed or codified procedures for some key processes; (b) a comprehensive system for recording compliance activity is not employed, in some cases in direct violation of established policies; and (c) management has not developed a reliable system for monitoring the performance of the CMAR. Addressing these problem areas would help to mitigate the noted financial and potential legal risks facing LAWA. Recommendations The LAWA Executive Director should direct the Chief Airports Inspector to: 4.1 Update and make readily available the LAWA Construction Inspection Division Procedures Manual. 4.2 Direct inspector staff to follow procedures outlined in the LAWA Construction Inspection Division Procedures Manual. 4.3 Provide training to LAWA inspector staff on records and information management procedures to ensure that staff are knowledgeable about requirements and equipped to comply with them. 4.4 Review processes and determine if procedures, notably those related to J ob Memos and the issuance of Notices of Noncompliance, should be revised. 4.5 Standardize and maintain LAWA-owned logs to track the full history of document communications with a given contractor. 4.6 Review the Request for Inspection processes and define the implementation of Requests for Inspection in institutional documents for standardization of Request for Inspection processes and procedures. Cost and Benefits LAWA would incur costs to update the LAWA Construction Inspection Division Procedures Manual, as it would take staff time to do a full review of the current policies and procedures and incorporate identified needs in an updated manual. Additionally, LAWA would sustain continued costs for regular trainings for staff on the Manual and associated procedures and Section 4: CMAR Quality Assurance Monitoring Harvey M. Rose Associates, LLC 55 policies, as it would require staff time and resources to facilitate trainings. In the long run, LAWA would likely see a savings through the review and closure of current inefficiencies in the administration of inspection procedures and policies. Perhaps most importantly, by improving the codification of and adherence to inspection processes and procedures, LAWA would reduce the risks associated with potential litigation resulting from incomplete or absent record-keeping. Harvey M. Rose Associates, LLC 56 5. Capital Decision-Making Processes The Board of Airport Commissioners has limited involvement in the review and prioritization of proposed projects and is not involved in the assessment of initial project concepts or budgets. Instead, these responsibilities have been assumed by executive staff and the Board may have less than optimal involvement in major capital project decision-making processes. This dynamic is, in part, driven by LAWA managements opinion that a tension, or conflict exists between the Boards environmental review responsibilities and its more direct role considering capital projects for approval. Further, executive management does not conduct comprehensive needs assessments, nor has it established a systemic process for determining which projects should be prioritized and advanced for development. This informal governance structure and managements expanded role in the decision-making process may pose risks to LAWA long-term strategic best interests. Without an organized framework within which potential project concepts are vetted according to established criteria and priorities, the rationale for decision-making may not be clear to LAWA stakeholders. LAWA should seek a formal legal opinion on the perceived conflict regarding the BOACs role in the CEQA process; conduct a needs assessment of airport capital assets; and establish policies and procedures for prioritizing potential projects. With these actions, LAWA would ensure the BOACs involvement in and improve the transparency and accountability of major capital development decision-making at LAWA. These recommendations could be implemented using existing LAWA resources. While the City Charter allows the Board of Airport Commissioners (BOAC) to delegate responsibilities to the Department of Airports (LAWA) General Manager, it also identifies development as a primary power and duty of the BOAC. City Charter Section 632 (Powers and Duties of the Board) defines Development of the Airports as one of the three primary duties of the Board of Airport Commissioners, stating that the BOAC shall have the power and duty to purchase, lease, acquire, condemn, design, erect, maintain, improve, repair and operate all property, improvements, utilities, equipment, supplies or facilities as it may deem necessary or convenient for Departmental Purposes.
City Charter Section 633 (Powers and Duties of the General Manager) states that the general manager of the Department of Airports shall have the power and duty to, among other things, enforce all orders, rules and regulations adopted by the board; supervise and manage the design, construction, maintenance and operation of all work or improvements authorized or ordered by the board; and carry out all powers and duties of the department delegated by the board. The extent to which the BOAC has delegated authority over capital development to the General Manager (also known as the Executive Director), and the manner in which the delegated authority has been exercised, may limit transparency. Section 5: Capital Decision-Making Processes Harvey M. Rose Associates, LLC 57
The BOAC Does Not Consider Detailed Project Budgets Until Construction Contracts are Presented for Approval The BOAC formally approves a number of key documents related to capital development at LAWA. These documents include the following: 1. Airport Master Plan (2004); 2. LAX Specific Plan (2005); 3. Specific Plan Amendment Studies (SPAS); 4. Annual list of projects for which the BOAC has made a CEQA finding; 5. Individual construction and professional services contracts valued over $150,000, which in some cases may be accompanied by overall project budget information; and, 6. Change orders valued over $150,000 for most projects, or change orders valued over $1 million for certain other projects, including the Bradley West Gates and Core projects. 1
Although the Board approves contracts and appropriations for construction and professional services throughout the design and development process, it is only presented with high-level summary project costs for approval during the annual budget review process. Further, as noted in section six of this report, LAWA has not produced a formal Capital Improvement Plan (CIP) that describes all planned development projects, expected costs of implementation, sources of funding, schedules and other key variables important when determining development priorities and the capacity of the organization to finance planned improvements. While the requirements for formal Board approval of capital development costs are limited to those listed above, the Board is briefed or otherwise informed of the status of project budgets on a regular basis. The primary mechanism by which staff communicates ongoing updates is the monthly Program Status Report. These reports present a variety of financial data and narrative description for all current projects, including current expenditure levels compared to baseline and current budget, an estimate of cost at completion, status of contingency use, and information regarding schedule and any implementation problems. These reports are well organized and provide the Board a good tool for understanding the status of the projects within the capital development program. However, these reports serve an advisory purpose for projects already underway. As noted above, the Board does not formally approve project budgets between the very high level step of annually approving the one-page list of projects during the budget process and the late-stage step of approving individual contracts. LAWA representatives stated that the Board generally does not take action on the strategic direction of LAWA development beyond its approval of the Master Plan and instead acts in an
1 Change order approval authority below these thresholds is delegated on a contract by contract basis to the Executive Director. Section 5: Capital Decision-Making Processes Harvey M. Rose Associates, LLC 58
episodic manner, performing legally mandated functions, such as approving contracts and appropriating funds. In its current role, these representatives suggested that the Board is advised through informal workshops and discussions, and through various staff reports, but that it generally follows executive managements leadership regarding the long-range development goals of the organization. Given these factors, it can be argued that the BOAC has not assumed a formal role reviewing, approving or prioritizing initial capital project concepts or project-level budgets. In addition, the absence of Board approved project-level budgets or a comprehensive CIP appears to place LAWA in violation or conflict with the intent of City Charter Section 610 and Administrative Code Section 11.28.3, which require the BOAC to annually submit a capital plan or budget to the Mayor, City Council 2 , and City Controller. Instead, LAWA has determined that in order to technically satisfy these Charter and Administrative Code requirements, it must merely submit, as part of its budget process, a list of projects for which the BOAC has made a CEQA finding. However, the information contained in the list is limited to a brief title (e.g. Taxiway S or T6 Renovations), current projected cost, and source of financing, and does not meet generally accepted standards for capital improvement planning. 3 In addition, the approval of the list of projects that the BOAC has already reviewed under CEQA is the only formal action taken by the Board to identify projects that may move or have moved forward for development. For example, there is no record that the Board officially considered or took action on the conceptual design of the Bradley West project, which is in the list of CEQA approved projects. Ultimately, the design choices for this project had major cost consequences for this project. Perceived Tension with CEQA Role Limits BOAC Involvement LAWA management states that based on advice from the City Attorney, there is a tension between the Boards roles when (1) considering and approving individual capital projects, and (2) fulfilling environmental review responsibilities under the California Environmental Quality Act (CEQA). In email correspondence, the LAWA Chief Operating Officer described informal City Attorney advice, as follows: it is critically important that the BOAC not act in any way that appears to be pre-decisional on projects that have yet to be evaluated under CEQA and for which the BOAC is anticipated to be asked to make a CEQA finding in the future. Further, the Chief Operating Officer states that, we understand there to be substantial downside risk by putting the
2 The plan or budget shall be submitted to the Commerce, Energy and Natural Resources Committee. 3 The Government Finance Officers Association of the United States and Canada (GFOA) Best Practice, Preparing and Adopting Multi-Year Capital Planning (2006) (CEDCP), and Development of Capital Planning Policies (2011) (CEDCP),which states, in part To create a sustainable capital plan, the finance officer and other participants in the capital planning process need to consider all capital needs as a whole, assess fiscal capacity, plan for debt issuance, and understand impact on reserves and operating budgets, all within a given planning timeframe. Capital planning policies provide an essential framework for managing these tasks and for assuring that capital plans are consistent with overall organizational goals. Section 5: Capital Decision-Making Processes Harvey M. Rose Associates, LLC 59
BOAC in a potentially pre-decisional situation in asking for approval of a capital program, yet there is no administrative or legal requirement to approve projects to be part of a capital program. Therefore, we have decided to maintain administration of capital programming decisions at the management level. City Council Provides Final CEQA Approval Despite the opinion described above, the BOAC does not make the final determination regarding environmental compliance for many airport projects. For LAX Specific Plan Amendment projects, the BOAC makes a recommendation to the City Council, which is ultimately responsible for certifying environmental impact reports and CEQA compliance. According to the LAX Specific Plan discussion on the environmental compliance process (Sec. 7. LAX Plan Compliance Review), the Executive Director shall have the authority to recommend approval, approval with conditions, modification or denial of a request for an LAX Plan Compliance determination. This recommendation shall be made to BOAC and the City Council Subsection F 5 (Procedures, City Council Determination), states that City Council shall approve, approve with conditions, modify or deny a request for LAX Plan Compliance. The City Council shall make the same findings required to be made by the Executive Director, supported by facts in the record. (Emphasis added.) Accordingly, for many projects, the BOAC serves an advisory role to the City Council, which is similar to the Executive Directors advisory role to the BOAC. While not every project is subject to the LAX Specific Plan Amendment review requirements, our understanding is that most of the large projects would be included. In addition, all projects may be appealed directly to the City Council, pursuant to the California Public Resources Code Section 21151. In addition, the California Code of Regulations and the Natural Resources Agency establish CEQA as a self-regulating statute, explaining that public agencies are entrusted with compliance with CEQA and its provisions are enforced, as necessary, by the public through litigation and the threat thereof. The California Natural Resources Code provides guidelines for determining the lead agency in cases where two or more public agencies will be involved and states that the lead agency will normally be the agency with general governmental powers, such as a city or county, rather than an agency with a single or limited purpose such as an air pollution control district or a district which will provide a public service or public utility to the project. However, the law (Section 21067) also states that "Lead agency means the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect upon the environment; and (Section 21069) "Responsible agency means a public agency, other than the lead agency, which has responsibility for carrying out or approving a project. It appears that cities and counties have some flexibility in determining which entity will serve as the lead agency. In the case of LAWA, which is defined in the City Charter as the Department of Airports, it could be argued that it is the Responsible Agency and that the City Council is the Lead Agency. This interpretation should be considered by the City Attorney with the implementation of recommendations contained in this report to obtain a formal legal opinion on this matter. Section 5: Capital Decision-Making Processes Harvey M. Rose Associates, LLC 60
Further, the Federal Aviation Administration (FAA) also acts as an external approval authority on environmental impact determinations made by the City for many LAX development projects, including any projects that would be included in a Specific Plan Amendment. A 2006 legal settlement (Stipulated Settlement) between LAWA and several cities surrounding the LAX area, the County and a non-governmental organization, required that LAWA seek the review and approval of the FAA if the City Council approves an LAX Specific Plan Amendment in the future. The FAA review will include compliance with all applicable federal laws, including NEPA [National Environmental Policy Act] and the conformity requirements under the Clean Air Act. Comprehensive Capital Needs Assessments Not Routinely Conducted LAWA has not conducted a formal capital needs assessment that would provide a strong basis for capital decision making and prioritization processes. According to best practices identified by the U.S. Government Accountability Office, a comprehensive needs assessment considers an organizations overall mission and identifies the resources needed to fulfill both immediate requirements and anticipated future needs based on the results-oriented goals and objectives that flow from the organizations mission. 4
Instead of a comprehensive needs assessment, the Facilities Planning Group periodically solicits project requests from LAWA operating departments through an open call to the deputy directors. The interval between these efforts varies, and is typically approximately 18 to 24 months. The most recent open call for project requests occurred in October 2012 and built on a previous list of 57 unfunded capital project needs. These requests are reviewed for legitimacy 5 and appropriateness by the Facilities Planning Group and provided to the executive management for review. Needs Assessments not Informed by Realistic Forecasting In addition, LAWA has placed a cap on planning for the future expansion of LAX. Due to provisions of the 2006 Stipulated Settlement between LAWA and Surrounding Communities, a practical capacity of 78.9 million annual passengers (MAP) was established and all planning scenarios since that time have planned for this capacity only. Yet the 2004 LAX Master Plan stated that by 2015, LAX would have passenger demand of 98 MAP, and that by 2025, there would be a regional shortfall of 30 MAP. However, the actual 2011 level was only 61.8 MAP. Further, an updated forecast was completed as part of the LAX Specific Plan Amendment Study with a baseline year of 2010 and forecasting 78.9 MAP level in the new horizon year of 2025. Although it appears the 2004 projections were overly aggressive based on actual activity and more recent forecasting, the 78.9 MAP projection through 2025 which is exactly the level dictated by the Stipulated Settlement may not be a realistic projection, either.
4 Executive Guide: Leading Practices in Capital Decision-Making, U.S. GAO, December 1998. 5 Terminology used by LAWA representatives during interviews for this audit. Section 5: Capital Decision-Making Processes Harvey M. Rose Associates, LLC 61
It was stated during interviews that LAWA has no choice but to cap its growth projections at the 78.9 MAP included in the Stipulated Settlement. However, based on a review of the Stipulated Settlement, this cap is only in effect until December 31, 2015, the end of the term of the Settlement. While LAWA points to another provision of the Stipulated Settlement that requires a separate gate cap of 153 passenger gates through 2020 as another constraint in its ability to plan, it is not clear that the gates cap should keep LAWA from adjusting its MAP after 2015. In addition, a review of several Project Definition Booklets (PDB) and Project Definition Documents (PDD) suggest that comprehensive MAP forecasting is not routinely included when profiling the needs of the airport. As a result, these key documents, which drive sizing and design decisions, are deficient and do not give contract architects and engineers needed forecasting information or a clear perspective on the development needs of the airport. No Policy or Systemic Process for Prioritizing Projects LAWA has not developed a systemic process or tool for executive management to prioritize capital project proposals. Executive management does not systemically score, rank or weigh the costs and benefits of various proposals that are raised as potential projects for development before determining which to advance for development. Instead, executive management selects projects informally with a small committee composed of the Executive Director and select deputies. Executive management stated that the lack of development for approximately 20 years has rendered the urgent capital needs obvious in recent years and that a more formal process was not necessary. The informal manner in which executive management exercises the delegated authority to make capital programming decisions may weaken LAWAs ability to ensure that capital decision- making optimizes LAWAs long-term strategic best interests. Without an organized framework within which potential project concepts are vetted according to established criteria and priorities, the rationale for decision-making may not be clear to LAWA stakeholders. The consequences of having an informal process for prioritizing projects can be significant. For example, decisions were made by two separate administrations at LAWA to proceed with the renovation of the Tom Bradley International Terminal (TBIT) and, later, the construction of the Bradley West Gates and Core projects. As a result, the projects have evolved substantially over the years and the sequence of planning and construction may now be adversely impacting the costs to the airport. The $737 million TBIT renovation project included major interior renovations to the departure lounge, the ticketing lobby, the customs and immigration arrivals hall, the arrivals corridors and waiting area (meet and greet); as well as modifications to two gates (including a two-level gate) to accommodate new aircraft such as the Airbus A380 and the Boeing 787. It was always anticipated that some demolition would be necessary to join the TBIT and Bradley West concourses. However, the TBIT concourse interface with the planned Bradley West Section 5: Capital Decision-Making Processes Harvey M. Rose Associates, LLC 62
Terminal was not fully conceptualized until 2008, while the TBIT renovation was underway but before the new Bradley West construction had been initiated. Nonetheless, at the time, it was determined that the existing north and south concourses at TBIT would be demolished after completion of the new concourses. Demolition would include approximately 77,620 square feet of floor area in the north concourse (i.e., two story structure with approximately 38,819 square feet on each level) and all of the approximately 127,160 square feet of the south concourse (approximately 63,580 square feet of floor space on each of two levels). This demolition area equates to a total of 204,780 square feet of existing terminal area at TBIT. Now, this evolving concourse interface project is being redesigned a second time as the Bradley West Gates and Core projects are coming to a close and the basic infrastructure has been substantially built. In March 2012, a presentation to the BOAC initiated changes to certain planned improvements and specified that areas of the recently renovated TBIT would be demolished as part of the Bradley West connector redesign. In addition, it has been reported that the scope change is significant enough to have triggered a decision to remove approximately $273 million of the approved Scope of Work (SOW) for the Bradley West CMAR and competitively rebid the revised SOW. At the conclusion of audit fieldwork, LAWA reported that the $273 million in TBIT interface improvements plus $43 million for the New Face of the CTA (for a total of approximately $316 million) will be funded by savings due to the reduction in scope from the previously reported project budgets and an additional $60 million in funding from other sources. Significantly, though, the summary documentation that has gone to the BOAC does not provide sufficient detail to determine the extent of the demolition of renovated areas that will occur under the revised scope. However, based on the review of materials by the audit teams technical expert (architect), the subterranean level of the TBIT is to be enlarged to house the Federal Inspection Services (FIS); the interstitial area and baggage handling level is to be enlarged; the mezzanine and four airline lounges are to be demolished to create a new central security checkpoint; and, several airline lounges are to be demolished. While demolition of some areas have been anticipated from inception, the degree to which the TBIT renovation improvements will be affected is not clear. While we have been advised that most of the improvements that are to be demolished were cosmetic and relatively low cost, it is not clear whether changes in construction sequencing or additional time to plan and prioritize project activity might have resulted in cost savings. Further, because LAWA is changing the SOW almost three years after the original scope of work was bid, due to market conditions and other factors, it is not certain whether the cost of construction for the new SOW will be higher than originally anticipated under the prior SOW. Best practices in executive decision-making around capital planning recommend a structured approach to evaluation, selection and prioritization of projects. Exhibit 5.1 below shows the principles and practices recommended by the U.S. Government Accountability Office. Section 5: Capital Decision-Making Processes Harvey M. Rose Associates, LLC 63
Exhibit 5.1 GAO Capital Decision-Making Framework - Principles and Practices
Source: USGAO, Executive Guide: Leading Practices in Capital Decision-Making, GAO/AIMD -99-32 While LAWA acknowledges that its project prioritization and selection process could be improved, and staff have bolstered the open call for projects process, as described above, the organization would benefit by establishing a policy and systemic process to use on an on-going basis to evaluate the costs and benefits of various proposed projects and prioritize among them. One tool used by some jurisdictions implementing a framework like that outlined in Exhibit 5.1 above is a prioritization matrix that organizes key project information, clarifies options, and assists decision makers in understanding options in relation to established criteria and priorities. An example of a prioritization matrix used by Lane County Airports in Oregon is provided as Attachment 5.1. LAWA reportedly utilized such matrices in the past, prior to the current wave of capital development activity. LAWA should consider reintroducing a matrix tool as it develops its policy and process for capital project decision making.
Section 5: Capital Decision-Making Processes Harvey M. Rose Associates, LLC 64
Conclusions The Board of Airport Commissioners may have a less than optimal level of official involvement in major decision-making processes related to airport development, in conflict with the intent of its duties related to development of the airports as prescribed in City Charter Section 632(c). The Boards delegation of capital programming decisions to executive management, without an accompanying check on that delegated authority, may hinder accountability and transparency of the capital program at a strategic level. Further, the informal manner in which executive management exercises its delegated authority to make capital programming decisions may pose risks to LAWAs long-term strategic best interests. Recommendations The Board of Airport Commissioners should direct the LAWA Executive Director to: 5.1 Request a written legal opinion from the City Attorneys Office regarding any potential conflict of interest related to the Boards duties and authorities related to airport development and CEQA review. 5.2 If a conflict of interest is determined to be a factor by the City Attorneys Office, develop a proposal to reassign the CEQA review responsibility from the Board of Airport Commissioners to the City Planning Department or another entity within the City, thereby enabling the Board of Airport Commissioners to conduct a more substantial level of review of the capital development program. 5.3 Building on LAWAs current periodic open-call for projects practice, conduct a comprehensive needs assessment of airport capital assets, including both potential development projects and facilities maintenance needs, based on the results-oriented goals and objectives that flow from the organizations mission. 5.4 Develop a policy and systemic process for LAWA executive management to use on an on-going basis going forward to evaluate the costs and benefits of various proposed projects and prioritize among them. If deemed appropriate pursuant to Recommendations 5.1 and 5.2, the outputs of such a process should be officially reported to the Board of Airport Commissioners so that it may be involved in the selection of capital development projects. Costs and Benefits These recommendations could be implemented using existing LAWA resources. By addressing the perceived tension regarding the BOACs role in the CEQA process; conducting a needs assessment of airport capital assets; and establishing policies and procedures for prioritizing potential projects, LAWA could ensure the BOACs involvement in and improve the transparency and accountability of major capital development decision-making at LAWA. Attachment 1: 08-12 Draft CIP Project Prioritization Matrix S t r u c t u r a l
D e f i c i e n c y
I m p r o v e m e n t S a f e t y
E n h a n c e m e n t R o a d
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D e v e l o p m e n t R e c r e a t i o n / T o u r i s m /
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S u p p o r t / R e a d i n e s s Payments I-5/Coburg Interchange 2008-09 County participation in Interchange improvements $2,500,000 Interstate 13,500 N/A 3 ++ ++ ++ + + + 9 GC Bob Straub Parkway S. 57th St. to Jasper Rd. 2006-07 Construction of a new arterial between the Eugene- Springfield Hwy. and the Springfield-Creswell Hwy. 1.93 $5,712,000 Minor Arterial NA NA NA + ++ + ++ ++ + + + 11 Structures Brice Creek Road MP 3.31 2008-09 Replace structure. HBRR project with 11% match. $1,791,457 Minor Collector Structures London Road MP 8.73 2007-08 Rehabilitate structure with OTIA III 100% funding $252,000 Major Collector Structures London Road MP 11.25 2007-08 Rehabilitate structure with OTIA III 100% funding $225,000 Major Collector Structures London Road MP 13.01 2007-08 Replace structure with OTIA III 100% funding $1,750,000 Major Collector Safety Irving Railroad Crossing At Northwest Expressway 2007-08 Safety improvements 0.15 $1,500,000 Minor Arterial 8,000 90 3 ++ + ++ ++ + + ++ 11 GC Prairie Road Bailey Lane to High Pass Rd 2008-09 Upgrade to urban standards 0.5 $1,250,000 Major Collector 1,150 90 5 + + + + ++ + + + 9 GC Bolton Hill Road Territorial Hwy. to Dogwood Ln. 2007-08 Upgrade to urban standards 0.653 $1,750,000 Major Collector 1,550 74 1 + + + + + + + + 8 GC Harvey Road Hillegas to UGB 2007-08 Upgrade to urban standards 0.5 $1,571,000 Minor Collector 2,100 73 1 + + + + + + + + 8 GC High Pass Road Hwy. 99 to Oaklea Dr. 2009-10 Upgrade to urban standards 0.859 $2,488,000 Major Collector 3,700 66 2 + + + + + + + + 8 GC Beaver Street/Hunsaker Lane Division Ave. to River Rd. 2009-10 Upgrade to 2-lane urban facility 1.141 $3,000,000 Minor Collector 6,800 90 3 + + + + + + + 7 Safety Delta/Beltline Interchange Operations To Be Determined 2008-09 County contribution for safety and Transportation System Management Improvements 0.3 $1,100,000 Principal Arterial 32,900 70 ++ + + + + + 7 Payments Delta/Beltline Interchange Match N/A Modernization Match Unknown Principal Arterial 32,900 + + ++ + + 6 GC Green Hill Road Royal Ave. to Clear Lake Rd. N/A Addition of shoulders, curb and gutter, or combination thereof 2.254 $4,400,000 Minor Arterial 4,650 89 12 + + + + + + 6 GC Laura Street Scotts Glen to Lindale Upgrade to urban standards 0.3 $900,000 Major Collector 5,000 55 3 + + + + + + 6 GC Royal Avenue Terry St. to Green Hill Rd. N/A Upgrade to urban standards 1 $2,750,000 Major Collector 3,700 62 6 + + + + + + 6 GC Wilkes Drive River Rd. to River Loop #1 N/A Upgrade to 2 to 3-lane urban facility 0.932 $3,000,000 Major Collector 4,050 85 1 + + + + + + 6 Structures Deadwood Covered Bridge Roofing Deadwood Lp Rd MP 0.307 2010-11 Covered bridge re-roofing. $100,000 Local Structures Parvin Covered Bridge Parvin Rd MP 0.775 2010-11 Covered bridge structural repair. $500,000 Local Structures Wendling Covered Bridge Roofing Wendling Rd MP 3.535 2010-11 Covered bridge re-foofing. $100,000 Local Prioritization of bridges is determined through technical analysis performed in conjunction with annual inspections. The bridges listed represent Lane County's next bridge priorities from that analysis. P r o j e c t s
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p r i o r i t i z e d ) P r i o r I t I z a t I o n F a c t o r s Due the importance of bridges to the County infrastructure and the existence of committed funding these projects have been separated from other project categories for inclusion in the Draft CIP. " C o m m i t t e d "
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5 . 1 6 5 Harvey M. Rose Associates, LLC 66 6. Capital Improvement Plans and Budget LAWA has not developed a Capital Improvement Plan or developed a multi- year Capital Budget. Instead, general capital improvement concepts are included in a 2004 Master Plan and the Specific Plan, and Specific Plan Amendments only include rough order of magnitude cost estimates for seven development alternatives presently under consideration. Further, broad projections of capital improvement project costs serve as the basis for the various bond issues, the most recent of which was issued in 2010 and updated for some projects in 2012. The annual capital budget approved by the LAWA Board of Airport Commissioners includes only a high level summary of anticipated capital expenditures for each major element and for the budget year. On a project basis, baseline capital budgets are estimated at initial stages of development. These estimates include broadly defined cost components, such as construction allowances, which are budget estimates for unknown, but potential costs; percentage-based soft costs, which are general estimates of the cost of architectural, engineering and administrative expense; and, construction contingencies. Combined, these broadly defined cost components can raise the total project budget by as much as 52 percent over the estimated direct cost of construction. Yet, allowances are not routinely defined in documentation that is provided to the Finance Department. At least one completed large project budget was overstated and other project budgets may no longer align with LAWAs intentions. For example, the budget for the completed Crossfield Taxiway project was overstated by $40.5 million, or 22.8 percent. Such over-budgeting may result in a greater commitment of funds than might otherwise be necessary with more accurate forecasting, and may increase the risk of unnecessary or avoidable expenditures. LAWA should initiate a comprehensive capital improvement plan process, including development of policies and procedures that serve as the basis for establishing and updating capital budgets. As projects move from the conceptual to design phases, detailed line item estimates showing allowances, soft costs and contingencies should be clearly described, to ensure that Finance has all of the information necessary to conduct a thorough review and assessment of capital budget reasonableness. The LAWA Master Plan was adopted by the Board of Airport Commissioners in 2004 and certified by the City Council in 2005. The Master Plan provided a conceptual framework for a range of development projects, which included the construction of improvements to the airfield and the west side of the Tom Bradley International Terminal (TBIT) that evolved into the Bradley West terminal project. The Master Plan did not estimate costs for planned development; and, the Specific Plan, adopted in 2006, expanded the conceptual framework, but, again, did not estimate project costs. Section 6: Capital Improvement Plan and Budget Harvey M. Rose Associates, LLC 67
LAWA is in the midst of developing a Specific Plan Amendment Study (SPAS), in order to define remaining projects and meet conditions included in the LAX Master Plan Stipulated Settlement, which set certain growth limits and other conditions affecting development at the airport. Accordingly, the draft SPAS modifies certain aspects of the 2004 Master Plan as a first step toward aligning more current development goals at Los Angeles International Airport (LAX) with the terms of the Stipulated Settlement. Completed in J uly 2012, the draft SPAS is presently going through the public review process. The SPAS provides a Rough Order of Magnitude (ROM) estimate of costs for seven development alternatives being considered by LAWA, which is an industry standard during the conceptual planning phase. None of these efforts constitute a Capital Improvement Plan. LAWA does not Produce a Capital Improvement Plan Although there has been significant effort to move the development process forward, LAWA does not produce a formal Capital Improvement Plan (CIP) that more specifically describes the current and future airport environment, planned capital projects, expected costs of implementation, sources of funding, development schedules and other key variables important to consider when determining priorities and the development capacity of the organization. Instead of a CIP, LAWA reportedly has relied upon analysis contained in its bond official statements (OS), such as the 2010 Series D Senior Revenue Bonds for $876 million, to project future development costs. For example, at the time the 2010 OS was published, $5,577,118,000 in completed and ongoing projects had been identified by LAWA and its consultants, with the costs identified using broad estimating techniques. These projects were to be funded, in part, with $2,267,381,000 in bond proceeds secured by LAWA prior to 2010 plus $536,280,000 in bond proceeds that would be secured by LAWA in the future, for a total of $2,787,612,000 in bond proceeds. An additional $2,773,458,000 in funding was earmarked from other sources, including net operating revenues, grants from the federal government and Passenger Facility Charges (PFC) collected from airline customers. Interviews with LAWA Finance Department personnel state that this is the most comprehensive framework for understanding the future cost of planned airport development. However, Finance Department personnel also state that project inventory and cost estimates are being continuously reevaluated and revised as projects progress and new development needs and sources of income are identified. 1 While the estimates made for purposes of sizing bonds are appropriate, they do not provide sufficient information regarding the character and near term schedule for the development of the Citys airports, and therefore, do not constitute a CIP.
1 On November 13, 2012, LAWA management received authorization to issue $263 million in 2012 Series Revenue Bonds for Terminal 5 and Terminal 6 improvements, as well as for refunding a portion of prior year commercial debt. Although we were advised during interviews that this new bond issue would trigger a reevaluation of capital program costs, the preliminary Official Statement for the 2012 Series Revenue Bonds was just been made available to investors and more current and complete estimates of capital program costs had not been publicly reported. Section 6: Capital Improvement Plan and Budget Harvey M. Rose Associates, LLC 68
The BOAC Has Delegated Substantial Capital Budget Authority In addition, the Board of Airport Commissioners has delegated substantial capital budget authority to management, and project budgets are not presented to the BOAC in most cases until construction contracts are presented for award. For example, the FY 2012-13 LAWA Capital Budget provides a summary statement of planned capital expenditures for the year by source, a statement of bonded indebtedness and a schedule entitled Capital Plan Budget Fiscal Year 2012-13. Consistent with the City Charter and Administrative Code, 2 the latter schedule shows expenses for BOAC Approved Capital Projects by broad title (e.g., Taxiway S), as well as sources of funding (i.e., Debt, Grants, PFCs, Tenant Funded and LAWA Cash). This list represents the projects for which the BOAC has made a CEQA finding. Also attached to the budget is a subsidiary schedule that shows projects that are in the definition/design phase and are Pending future action by the BOAC for approval. This listing does not constitute a CIP. The annual budget adopted by the Board only includes summary level financial information that reflects planned expenditures for capital projects for the year. These annual budgets are determined from analysis of (a) the multi-year project budgets approved by the Capital Project Committee that will be active during the year, and (b) the schedules for the active projects. The FY 2012-13 Capital Budget includes the following major development appropriations, by source of funding: Passenger Facility Charge Funded Capital Expenditures $235,425,000 Grant Funded Capital Expenditures 55,488,000 Revenue Funded Capital Expenditures 660,307,000 Total Capital Expenditures* $951,220,000 * Excludes budgeted expenditures for equipment, capital leases and bond redemption and interest. As stated previously, although the Board of Airport Commissioners participates in establishing the conceptual framework for airport development through workshops; approves all contracts, contract amendments and change order modifications over $1 million in value; and, approves the annual capital budget, it does not consider the total cost of individual project budgets until construction contracts are presented for award. Prior to award, this responsibility has been delegated to the Capital Project Policy Committee, which consists of the Executive Director, the Chief Operating Officer and deputy directors, including the Deputy Director of Operations and the Deputy Director of Facilities and Maintenance.
2 Los Angeles City Charter Section 610 and Los Angeles Administrative Code Section 11.28.3 Section 6: Capital Improvement Plan and Budget Harvey M. Rose Associates, LLC 69
Budget Flexibility Could Result in Financial Risk Capital project cost estimates allow a substantial degree of flexibility and budgets approved by the Capital Project Policy Committee appear to have been greater than necessary in some instances. Although LAWA has generally implemented good budget analysis and control processes, a high level of budget flexibility and discretion has been granted to capital projects program managers in the interest of expediting modernization project schedules. In interviews, the Finance Director confirmed that capital project budgets are broadly estimated at the outset. This is illustrated by budget and financial data for the largest closed project. As of September 2012, financial data for the six fully completed projects show that an overall savings of $40.8 million from the combined baseline budgets occurred (17.2% of the $232.3 million combined baseline budgets). Further examination of the data for each individual project shows that three of the six exceeded their original baseline budgets and three of the six were less than the original budget. However, nearly all of the savings was derived from the Crossfield Taxiway Project (M101A), which accounted for $40.5 million of the $40.8 million in savings for all projects, or 22.8 percent of the $177.8 million baseline budget for the project. An analysis of the differences between the Baseline Budget and the actual expenses for the Crossfield Taxiway Project also suggests that individual line item costs can vary substantially. On this project, Design and Construction Management services exceeded budget by 51.0% ($2.9 million) and 48.1% ($1.4 million) respectively, while offsetting savings from the Baseline construction Budget was approximately 7.0% ($8.6 million). Substantial additional savings of approximately $12.1 million resulted from lower charges for Management and Control overhead charged by the Airport Development Group, including LAWA staff and contractors. Significantly, no contingencies were expended from the Baseline Budget, amounting to an additional $22.6 million in savings. Although not yet completed, budgets for the Bradley West Gates and Core projects appear to have been constructed with similar flexibility and proposed changes in project scope have not been reported to the BOAC in a timely manner. These two budgets, which combined received baseline budgets amounting to more than $1.7 billion, are projected to be substantially completed in May, 2013. As with the Crossfield Taxiway Project, LAWA was estimating at the time of this report that substantial budget savings will be realized from soft costs and contingency accounts. The BOAC has been advised that this budget will be reduced as the result of a planned project scope change that will remove a portion of the originally planned work related to the Tom Bradley International Terminal (TBIT) renovation and interface with Bradley West, costing an estimated $273 million. At the time of this report, the process for implementing the scope change and awarding a new contract for the modified project was reportedly underway but a final recommendation had not yet been presented to the Board even though the major portion of construction on this very large project will be completed in a very short period. Section 6: Capital Improvement Plan and Budget Harvey M. Rose Associates, LLC 70
LAWAs project budget development process has evolved over time as the organization has modified its process for advancing projects toward development. The typical budget development process includes multiple steps intended to develop accurate project budgets, including the following: (1) Initial estimates of project construction costs are made by contract architects and engineers who report to the Planning Department; (2) The initial estimates are reviewed by Planning personnel for reasonableness; (3) A second review of the estimate is conducted by the Airport Development Group (ADG); and, (4) The project package is sent to the Finance Department for reconciliation of differences, review, possible adjustment, finalization and submission to the Capital Project Policy Committee for consideration. This multi-layered budget development and review process is intended to assess the reasonableness of the estimates, create checks and balances in the estimating process, and ensure that baseline budget components conform to LAWA policy. This process is undertaken early in the project scoping process, so estimates are commonly more general and liberally set to allow adjustments for unforeseen costs and potential design changes. Although other actions are taken by LAWA to continually assess, report and modify budgets, if necessary, estimating accuracy may be compromised in some instances because of the general nature of the initial estimating process and a desire by City officials to quickly modernize the airport to accommodate large aircraft, thereby elevating project schedule above financial risk. Certain Budget Development Techniques Are Not Transparent To counter the potential impact from excess budgeting, other processes have been developed to ensure that budget appropriations are monitored and modified, if necessary, after actual costs are known or can be reasonably estimated through completion. Based on interviews and document review, residual funding is swept into a general reserve managed by the Finance Department each quarter (i.e., also termed the Owners Reserve). Key variables affecting capital project estimating accuracy are summarized below: A. Budgets for construction services are developed early in the process, requiring estimators to use general industry standards and experience to construct broad estimates of project costs. These estimates may need to be modified, depending on actual contractor bids and/or materials cost during the construction phase. As demonstrated for larger projects, these early estimates may be inaccurate at the line item level and may result in large budget surpluses when the project is completed.
B. General budget allowances are made for certain unknown but anticipated construction costs (e.g., allowances for hazardous waste removal). According to LAWA staff, these allowances are often undetectable in the budget packages, unless purposely itemized by the estimator. As a result, the ability of Finance Department budget staff to identify inappropriate or excessive allowances is compromised.
Section 6: Capital Improvement Plan and Budget Harvey M. Rose Associates, LLC 71
C. On the largest projects, some soft costs, such as design services, may vary substantially from the baseline budget. The cost of project administration services provided by LAWA staff and consultants were consistently overstated on the projects reviewed for the audit, suggesting that the initial estimates for these cost categories could be refined. LAWA routinely allocates soft costs at an additional 27% of the construction, or hard cost budget. This percentage allocation was reportedly developed based on the experience of other airports, but has not been refined since initially adopted by LAWA for budget estimating purposes. LAWA staff state that the data from actual LAX development projects is collected and compared with the estimate as part of the Project Status Report (PSR) process, and that actual costs on projects are typically lower than the 27% estimate (approximately 23% to 24%). LAWA has also developed general fixed percentage estimates for contingency appropriations. Depending on the character of the project, the contingency can be set at 10% (for flatwork, such as taxiway and runway surfacing), 15% (for new vertical construction, such as the Bradley West projects) and 25% for renovation. However, no contingency adjustments are made for project budgets, based on scale. Our review of completed projects and other projects nearing completion indicates that contingency appropriations may be greater than necessary on larger projects, and could potentially be reduced at the outset. While actual costs are monitored regularly by LAWA, there have been no actions taken to adjust the percentages for projection purposes going forward. Our review of the estimates and actual results suggests the following weaknesses in the current approach exist: Because allowances are not always articulated in the estimating documents that go to the Finance Department for review, a detailed, independent assessment of the appropriateness or level of allowance cannot be made by the Finance Department. LAWA should modify its current practice to ensure that all allowances are specifically identified and formally justified in the estimates that are forwarded to Finance for approval. Percentage estimates for line-item appropriations for soft costs can vary significantly from actual costs. This is particularly apparent for the estimates made for design services, and management and control services provided by both in-house and consultant personnel. This is illustrated by the description of variances reported on the Crossfield Taxiway project, described previously in this report, where design and construction management services exceeded the original budget by 48.1%; and, substantial savings of $12.1 million resulted from lower charges for Management and Control overhead. LAWA should initiate a cost allocation study to refine the rationale for allocating costs and the appropriateness of rates. On several projects, contingencies are not drawn down to the extent budgeted. Once again, as an example, on the Crossfield Taxiway Project no contingencies were spent, leaving a remaining balance of $22.6 million in savings when the project was closed out. LAWA should adjust contingencies by both the type of construction (e.g., flatwork, new vertical and renovation) and dollar amount of the improvements to better reflect expected need. Section 6: Capital Improvement Plan and Budget Harvey M. Rose Associates, LLC 72
Therefore, to ensure that budgets more accurately predict actual costs, LAWA should refine the analysis that serves as the basis for estimating soft costs and contingencies. The analysis should consider whether differential approaches may be appropriate based on (a) the type of project, (b) the scope of the project, and (c) the complexity of the development. Finally, LAWA has not developed comprehensive policies, procedures and standards for capital project budgeting, although various subsidiary documents related to process and change order approval authorities exist. LAWA should develop such policies, procedures and standards, including specific procedures and standards for estimating soft costs and contingencies. Conclusions LAWA does not have a multi-year capital improvement plan that has been presented to the Board of Airport Commissioners in a public setting. This diminishes accountability and transparency in the organization. In addition, LAWA has overstated its baseline capital program budgets on at least one major project. This results in a greater commitment of funds than would otherwise be necessary with more accurate forecasting, and may increase the risk of unnecessary or avoidable expenditures. Further, the Finance Department does not receive sufficiently detailed cost information on allowances and other general estimates of construction costs to make fully informed decisions on the recommended budget. Estimates of project soft costs and contingencies may be set too high for large capital projects, suggesting that an ongoing process for evaluating and refining estimating practices may be appropriate. Recommendations The Board of Airport Commissioners should direct the LAWA Executive Director to: 6.1 Continue efforts to develop a multi-year capital plan that would be presented to the Board of Airport Commissioners in public session. 6.2 Present a five-year capital spending plan as part of the annual budget review process. 6.3 As part of the annual budget process, or as required by the needs of the organization, seek Board of Airport Commissioner approval of detailed, individual capital project budgets. 6.4 Require all project budget packages to specifically identify allowances and other cost components for which the basis of the estimate cannot be reliably determined. 6.5 Review the analytical basis for estimating project soft costs and contingencies and consider establishing variable standards based on project scope and other factors. 6.6 Implement comprehensive and formalized policies, procedures and standards for developing, implementing and monitoring capital project budgets. Section 6: Capital Improvement Plan and Budget Harvey M. Rose Associates, LLC 73
Costs and Benefits These recommendations could be implemented using existing LAWA resources. Producing a comprehensive capital improvement plan and developing policies and procedures that serve as the basis for establishing capital budgets would better communicate LAWA development goals and projected costs. As the projects move from the conceptual to design phases, detailed line item estimates showing allowances, soft cost components based on better defined project characteristics, and contingencies should be clearly presented and described, to ensure that Finance Department budget personnel have all of the information necessary to conduct a thorough review and assessment of the capital budget reasonableness. Harvey M. Rose Associates, LLC 74 7. Long-Term Program Management Strategy While the need for consultant program management services in the first years of LAWAs capital development program was clear, LAWA has not developed a strategy or plan to transition LAWA staff into capital development program management and other roles that are currently held by consultants. Despite a stated intention to transition to an owner-driven organization, the contract for program management services has recently been extended to eight years at a cost of $202 million, and documentation suggests that these services will continue to be provided by consultants through at least 2018. LAWA has not conducted any cost-benefit analyses or provided any long-term strategy for use of consultants versus City staff in program management services in the future. Based on a review of the most common positions held by consultants and a comparison to existing City job classifications, the cost of utilizing consultants is estimated to be approximately 15-20 percent greater than the cost of City staff. In addition, by placing consultants in key roles throughout ADG, staff development opportunities for LAWA personnel are limited. Further, unless LAWA implements a strategy for aligning staffing needs with specialty skill sets, the continued lack of in-house expertise will perpetuate the deficiencies that required the use consultants in the first place. Even if the need for such knowledge and expertise declines over the next ten years as LAWA accomplishes major elements of its capital development program, there will always be a baseline need for capital development program staff expertise. LAWA should develop a long-term strategy for the use of consultants and LAWA staff in program management and support roles, including the identification of the amount and types of baseline staffing that will be required on a long-term basis. LAWA should also broaden its recent efforts to identify any airport-specific job classifications that could be established by the City and enable LAWA to recruit and retain appropriate capital development staff. Implementation of these recommendations would enable LAWA to develop an owner-driven organization that is capable of leading future phases of capital improvement without relying as heavily on consultants, thereby reducing costs. Initial Need for Consultant Program Management When LAWA commenced its major multi-year capital development program in 2007, the general consensus of LAWA management was that existing LAWA staff resources were insufficient to manage the program and that program management services would need to be provided by consultants. In records and interviews, management cited several justifications, including the magnitude of the program; the aggressive schedule; the relative inexperience of the LAWA staff resulting from the absence of a substantial capital development program for Section 7: Long-term Strategy for Program Management Harvey M. Rose Associates, LLC 75
approximately 20 years; and, in some cases, the lack of certain specialized job classifications among the Citys existing job classifications (e.g. estimators and schedulers). These justifications were described in the Regional Airports Planning Divisions 1 request to LAWAs Human Resources Division for authorization to hire consultants pursuant to City Charter Section 1022, which allows boards of commissioners to enter into contracts for the performance of work when it is determined by the Council or the board of commissioners that the work can be performed more economically or feasibly by independent contractors rather than by City employees. Determination by Human Resources In its 1022 Determination Review (referring to the City Charter Section noted above) of the Regional Airports Planning Divisions request to hire program management consultants, LAWAs Human Resources Division determined that there were no other LAWA personnel who could provide the service, stating according to the division, LAWA does not have sufficient staff to perform the work proposed for contracting due to the magnitude and scope of work. However, the determination also stated that City classifications have the expertise to perform some of the work proposed for contracting, such as planning, environmental analysis, architectural design, engineering design, project management, design management, inspection, and project control services. The Department of Public Works may have the capability to perform some of the work proposed for contracting. However, according to the division, the work proposed for contracting requires technical expertise in various disciplines and fields, which city classifications do not have the expertise to perform. In its considerations of alternatives and whether LAWA staff could perform the function, the RFP for Program Management Services stated that the HR Division is continuing its review and if it is determined that City classifications could possibly perform some of the proposed work, LAWA will notify the specific department(s) and provide them with a copy of the RFP. Solicitation and Award of Program Management Services Contract On November 6, 2007, LAWA issued a Request for Proposals (RFP) for Program Management Services for the Capital Improvement Program at Los Angeles International Airport. The RFP sought to secure program management services including, but not limited to:
1 Prior to reorganization of capital development program activities at LAWA, this division performed many of the functions now assigned to the Airport Development Group. Section 7: Long-term Strategy for Program Management Harvey M. Rose Associates, LLC 76
Pre-design Program Logistics and Support Planning Management and Assistance Services Design and Engineering Management Construction Management Environmental Services Post-Construction Services Integrated Project Management Team Reporting Contracts and Administration The RFP stated that it is expected that the contract will be for a term of six (6) years. Five bids were received by LAWA and three were considered responsive. The three responsive bidders (DMJ M Aviation, Inc.; Bechtel Infrastructure Corporation; and Parsons/J acobs Integrated Program Management Team) were interviewed by a panel of five voting members and two non- voting technical advisors, and a representative from the Office of the City Attorney observed the process. The firms were scored according to the criteria in the RFP and Bechtel Infrastructure Corporation and DMJ M Aviation, Inc. were the top two scorers. A second round of interviews was conducted by the same panel as the first round, except that the two original non-voting members were not present and LAWAs Executive Director also participated as a non-voting member. Upon review of all of the assessment information, LAWA staff recommended the selection of DMJ M Aviation, Inc. At this time, DMJ M Aviation, Inc. was the aviation operating firm of parent company AECOM Technology Corporation. The BOAC approved the contract (DA-4260) with DMJ M Aviation, Inc. on March 3, 2008, and the Program Management Agreement was dated March 19, 2008. The original contract was for a one-year term and a total amount of $25,000,000. Section 4.2.2 of the contract states that the City anticipates that it would like to reserve the option to extend beyond six (6) years, and stipulated the Citys option to amend the contract to extend the term up to ten (10) years. An integration of the contractors worldwide operations into a single entity resulted in the contract being assigned to AECOM Technical Services, Inc. in 2010. AECOM Contract Extension and Ongoing Baseline Staffing Need Pursuant to contract DA-4260 cited above, AECOM Technical Services Inc. and its subcontractors provide program management services for LAWAs capital improvement program. From March 2008, when the contract was approved, through November 2012, 865 individuals had been authorized to work at LAWA under the contract, including individuals employed by AECOM and 67 subcontractor firms. AECOMs program management services include pre-design services, program logistics and support, planning management, construction management, environmental services, post-construction services, and other customary services. As of November 13, 2012, the AECOM contract had been amended and extended three times, as shown in the table below. In the second amendment, $62,720,000 was added without changing the term of the contract. According to a staff report to the BOAC, management attributed the need for additional funds to the addition of approximately $1.2 billion of capital projects beyond the originally anticipated $3 billion, as well as the added responsibility of coordination and Section 7: Long-term Strategy for Program Management Harvey M. Rose Associates, LLC 77
oversight of tenant-initiated improvement projects. The third amendment increased the term from six to eight years and the total contract amount from $162,720,000 to $201,934,228. Table 7.1 AECOM Contract Amendments Date of BOAC Approval Total Contract Amount Total Contract Term Original Contract 3/3/2008 25,000,000 $ 1 year Amendment A 2/9/2009 100,000,000 $ 6 years Amendment B 12/6/2010 162,720,000 $ 6 years Amendment C 11/13/2012 201,934,228 $ 8 years
Source(s): Report to the BOAC, Meeting Date: November 13, 2012, Item #4, Subject: Amend Contract and Appropriate Funds; RFP for program management services. LAWAs cost forecast for the eight year contract includes declining total annual cost in years six, seven and eight, to $21.7 million, $13.7 million, and $9.0 million, respectively. The average annual cost of the first five years of the contract was $31.5 million, with a pattern of increase, from $21.0 million in year one to an estimated $41.0 million in year five. Should the amounts budgeted in years six, seven and eight prove insufficient to meet program needs, LAWA management would have the option to present an additional contract amendment to the BOAC, as it did in 2010 with the second contract amendment. As mentioned previously, in that case, $62,720,000 was added to the contract without changing the term of the contract.
Table 7.2 AECOM Annual and Cumulative Cost Summary
Source(s): Report to the BOAC, Meeting Date: November 13, 2012, Item #4, Subject: Amend Contract and Appropriate Funds. RFP for program management services.
The extent of LAWAs future capital development program remains unclear, though public statements made by LAWA management indicate that total costs could range between $6 billion to more than $12 billion, based on Rough Order of Magnitude estimates made in the Specific Section 7: Long-term Strategy for Program Management Harvey M. Rose Associates, LLC 78
Plan Amendments presently under consideration. LAWA management has reported to the BOAC that the total capital program budget, as established in Capital Budgets 1 and 2, is estimated to be approximately $6 billion to $7 billion through 2018 2 . Further, in an interview with a local planning and infrastructure trade association, LAWA Executive Director recently stated, that on top of the approximately $4.1 billion Capital Budget #1, Weve got another $8 billion-plus to spend on this airport if were really going to make LAX the airport this city deserves. 3
In any case, LAWAs capital development program will continue for several years to come and will require skilled program management professionals. The November 2012 staff report recommending the third contract amendment states ADG will continue to require outside professional support services through 2018the primary focus of this actionis to retain key personnel who are critical to the completion of the Bradley West Gates and Core Improvements, Core Renovations, and Central Utility Plan Replacement projects and core staff that will help transition program management services to the successor firms based upon a new procurement. As these statements make clear, LAWA plans to continue to purchase program management services from consultants for the foreseeable future. LAWA Uses Comparatively More Consultants Than Others The Airport Development Groups total Management and Controls budget amounted to $141,431,367 across all projects active as of September 2012. ADG budgeted 65.3 percent of its total Management and Controls budget for consultants and the remaining 34.7 percent was budgeted for the cost of LAWA Management and Controls personnel. On the project level, these budgets for consultant management and controls services range from a low of 0 percent to a high of 99.8 percent. The Bradley West Gates project budgets 67.0 percent for consultants, and the Bradley West Core project budgets 76.2 percent for consultants. By comparison, the California Multi-Agency CIP Benchmarking Study (2012 Update), which is a survey of seven of the largest cities in California, reports that, on average, the respondents spent 30 percent of total project delivery costs on consultants, and 70 percent on in-house staff. Although this Benchmark Study focuses primarily on public works departments, it provides a broad indicator of experiences in other jurisdictions that should be considered by LAWA as it sets its own goals for transitioning to a more appropriate mix of stable in-house personnel and consultants with specialty skills.
2 Capital Program Management Strategy Evolution presentation to the BOAC Meeting of November 13, 2012. 3 Gina Marie Lindsey Updates LAXs Capital Program: Bradley West, The Planning Report, October 4, 2012. Section 7: Long-term Strategy for Program Management Harvey M. Rose Associates, LLC 79
LAWA Has Not Planned for Transition to a Baseline Organization Despite LAWAs stated intent to transition ADG to an owner-driven organization and the expectation that capital development will continue for several years to come, LAWA executive managers have not developed a plan or strategy for determining baseline needs or transitioning the program management function to LAWA staff. Similarly, LAWA managers stated that no cost-benefit analysis has been conducted to assess the relative value of relying heavily on contract-driven program management services. Further, LAWA has not conducted follow-up analysis of staffing needs and the suitability of LAWAs existing classifications since the 2007 1022 Determination, despite the fact that the initial review assumed only a six year contract term and the RFP for program management services stated that the HR Division would continue its review. A Procurement Services Division representative stated that Charter Section 1022 does not require a new review with contract amendments unless the scope of services changes significantly. While LAWA has implemented a position approval process intended to determine if a City job classification could meet the staffing need instead of a consultant for each new requested position, this process does not amount to a broad assessment of staffing needs that could inform higher-level decision-makers about the suitability of LAWAs existing classifications. Such an analysis would guide a strategy to develop a sustainable baseline organization. During the course of the audit, LAWA gained approval for the creation of a new Airport Engineer classification, which is an example of the type of effort that should be included in a larger organization building strategy. It should be noted that LAWA has utilized City staff from other City departments in some cases where LAWA staff could not meet the need of the capital development program. LAWA has employed these individuals by entering into memoranda of agreements (MOA) with Public Works, the Department of Building and Safety and the Department of General Services. LAWA reports that the Airports Development Group has expended a total of $47.2 million in Interdepartmental Orders for other City departments, dating back to J uly 2008. These Interdepartmental Orders cover a variety of services, including a large number for testing, inspection, plan check and permitting. Lack of Formal Staff Development Opportunities The AECOM contract (DA-4260) requires the contractor to work with LAWA to train City employees and conduct other staff development activities, as described in Services subsection 2.4.5, shown below: Program Manager shall assist LAWA in training and developing LAWA and City staff resources. This may be accomplished in a number of ways, including through partnering of LAWA and City staff with Program Manager staff, including its sub-consultants, developing training curricula, materials and manuals or assisting in the development of apprentice programs. Section 7: Long-term Strategy for Program Management Harvey M. Rose Associates, LLC 80
Aside from the experience of working in an integrated project team environment and the learning opportunities that may arise from that arrangement, it does not appear that AECOM has provided substantive capacity building opportunities for LAWA staff that would prepare them to take on greater program management roles. LAWA provided training logs for City staff and consultants, including documentation to indicate that some trainings were provided by AECOM. However, this training log is not linked to an overall strategy that defines long-term baseline staffing needs. Instead, although important, the log focuses on technical training needs that would be expected on any large capital development project, such as worksite safety. By placing consultants in key roles throughout ADG, and not requiring the program management contractor to formally train and develop staff to perform core program management functions, LAWA hinders staff development opportunities for LAWA personnel and perpetuates the deficiency that required the use of consultants in the first place. Total Cost of Contractors Exceeds Total Cost of City Employees While it was not feasible in the course of this audit to conduct a comprehensive detailed comparison of the costs of all AECOM contract employees and similar classifications of City employees, a basic analysis was conducted to provide an order-of-magnitude comparison. Base Rates and Benefits are Slightly Higher for City Employees To compare the productive hourly cost of City employees with the hourly rates charged by AECOM for its personnel, an analysis was conducted of directly comparable classifications, such as architects and engineers. The analysis concluded that productive hourly salary rates for City employees are approximately 3.4 percent greater than the base rates charged by AECOM for various classifications that provide program services. In addition, certain employee benefit costs, such as contributions for City retirement, are also greater than the corresponding categories of expense included by AECOM in its total rate calculation. Indirect Costs are Substantially Higher for Contractors Federal cost accounting regulations included in Federal Acquisition Regulation (FAR) Part 31 allow contractors to charge for direct labor, employee benefits and indirect costs of operations. In the most recent fiscal year, AECOM is charging LAWA for indirect costs that amount to 122.4 percent of direct labor rates for on-site personnel. These indirect costs include allocated amounts for various cost pools, including the following: Indirect costs of AECOM personnel, including allocated costs for administrative personnel located at the Home Office. Home Office allocations, which includes costs of executive management earning salaries above the FAR benchmark (less than $546,000 in the initial analysis). Incentive compensation (e.g., bonus and incentive pay). Section 7: Long-term Strategy for Program Management Harvey M. Rose Associates, LLC 81
Travel expenses for management and administrative personnel who are not assigned to the LAWA projects (i.e., LAWA directly reimburses travel expenses for assigned personnel). By contrast, we estimate that the City would primarily incur cost of labor and related benefits, if LAWA were to employ City personnel rather than consultants, since most of the non-personnel overhead cost categories would not require additional City appropriations. For example, LAWA is already allocated a portion of indirect costs for finance, legal and administrative staff employed centrally by the City. If LAWA were to replace contract personnel with City staff, the total City cost for these support services would very likely not be affected. As a result, we estimate that on a marginal cost basis, the combined contractor rate, including both base salary and overhead, is approximately 15 to 20 percent greater than the cost of providing services with City personnel, since many of these allocated costs would not be incurred, or would only be marginally incurred by the City if it used its own personnel. Further, we recognize that LAWA will always require some contractor assistance above its baseline staffing need to respond to temporary fluctuations in development activity and to retain individuals with special skills. However, because LAWA has not defined its baseline capital project staffing need or the key capital program management positions that should be held by City personnel, an accurate estimate of the amount of savings that would result from transitioning to in-house operation could not be determined for this audit. Nonetheless, if even just one-third of the consultant staff, representing approximately $48 million 4 over the current life of the AECOM contract, had been replaced by City personnel, the City could have saved a conservatively estimated $7.2 million, based on a 15 percent differential between City and consultant costs. The actual savings rate would be variable depending upon the classifications pay ranges established by the City and mix of staff. While this analysis is merely an order of magnitude estimation and a detailed study would be necessary prior to any major strategy shift, it is intended to illustrate the type of analysis that should be carried out by LAWA management as it considers its long-term options for program management services. Conclusions LAWA will continue to pay a premium for the use of consultant program management services unless it successfully establishes at least a baseline in-house organization using City job classifications. Based on a review of the most common positions held by consultants and a comparison to existing City job classifications, the additional cost difference from using consultants in place of City staff is estimated to be approximately 15 to 20 percent. In addition, by placing consultants in key roles throughout ADG, LAWA hinders staff development opportunities for LAWA personnel and perpetuates the deficiency that required the use consultants in the first place. Even if the need for such knowledge and expertise declines over the
4 $48 million represents approximately one-third of $146 million, which is equivalent to the $154 million cumulative cost of PM staffing (see Table 7.2) discounted by 5% to, according to LAWA, account for other direct costs such as trailers, computers, vehicles, maintenance, etc. that are paid for through the contract. Section 7: Long-term Strategy for Program Management Harvey M. Rose Associates, LLC 82
next ten years as LAWA accomplishes major components of its capital development program, there will always be a baseline need and, as long as LAWA continues to rely heavily on consultants instead of developing City staff resources, it will pay a premium for the services. Recommendations The LAWA Executive Director should: 7.1 Direct staff to develop a long-term strategy for the use of consultants and LAWA staff in program management and support roles, including the identification of the amount and types of baseline staffing that will be required on a long-term basis, and an estimate of the amount and types of consultant staffing that will be required. The strategy should be based on a cost-benefit analysis that justifies the allocation of LAWA staff and consultants. 7.2 Build upon and broaden its recent effort with the Airport Engineer classification to identify any airport-specific job classifications that could be established by the City and enable LAWA to recruit and retain appropriate capital development staff. Any such proposed classifications should be provided to the Human Resources Division for review. 7.3 Direct the Human Resources Division to review existing job classifications for capital development at the airport and conduct analysis to determine whether the addition of new airport-specific classifications is appropriate. Section 7: Long-term Strategy for Program Management Harvey M. Rose Associates, LLC 83
Costs and Benefits Implementation of these recommendations would enable LAWA to understand the costs and benefits associated with its options as it pursues a more owner-driven organizational model. If it so chooses, LAWA could build an organization that is capable of leading future phases of capital improvement without relying as heavily on consultants, thereby reducing costs. LAWA could save approximately 15 to 20 percent on program management costs by transitioning consultant roles to City staff. In the context of the program management contract to-date, if even just one-third of the consultant staff had been replaced by City personnel, the City could have saved a conservatively estimated $7.2 million. Harvey M. Rose Associates, LLC A-1 Appendix A OFFICE OF THE CONTROLLER Audit of the Los Angeles World Airports Capital Development Program Ranking of Recommendations Section Number Description of Findings Ranking Code Recommendations 1 LAWA has not formalized a structured Value Engineering process, although some important elements exist, and efforts reportedly are being made to strengthen the procedural foundation and approach to evaluating project design and materials alternatives using a structured Value Engineering process. Nonetheless, LAWA is presently in technical violation of federal requirements and could be subject to sanctions, if found to be non-compliant. In addition, design and construction industry best practices recommend the use of Value Engineering at the 30% design phase, and federal advisories recognize that by employing Value Engineering principles at the earliest stages of a project, the opportunity for influencing final costs is greatly increased.
N
U The LAWA Executive Director should: 1.1 Direct staff and request legal counsel to prepare an assessment of past practices used on LAWA development projects, to ensure that design review and cost engineering efforts can satisfactorily meet FAA expectations regarding the use of structured Value Engineering.
1.2 Develop and establish policies and procedures that ensure that a structured Value Engineering program is implemented at LAWA. 2 While LAWAs analysis of the benefits of using the CMAR model supported managements decision to employ the CMAR project delivery method for the Bradley West projects, certain circumstances and project expectations may have prevented LAWA from realizing the models full benefits. For example, LAWA officials state that they expected a large volume of change orders on the Bradley West projects from inception, since construction began on the two projects before designs were complete. Yet, the CMAR has stated that the volume of change orders has been higher than expected, contributing to cost escalation and impeding its ability to manage the project effectively.
N
N U
The LAWA Executive Director should direct ADG management to: 2.1 Conduct a post-project assessment of the costs and benefits of the CMAR model. Include a comparison of alternative models. 2.2 Evaluate the CMAR model, as implemented for the Bradley West Gates and Core projects, by reviewing the agreements and the incentive structure they provide. 2.3 Develop formal criteria for choosing project delivery models on future capital projects and ensure that project management and other pertinent staff are made aware of the strengths and weaknesses of all procurement models considered. Section Number Description of Findings Ranking Code Recommendations
Harvey M. Rose Associates, LLC A-2
3 A major benefit of the CMAR project delivery model is the transfer of responsibility and a significant amount of risk from the owner to the CMAR for the entire construction effort. However, ADG has not implemented this project delivery model in the most effective manner and has not taken sufficient action to ensure that the CMAR for the Bradley West projects effectively analyzes subcontractor change order estimates for accuracy and reasonableness. Further, the CMAR has not complied with contractual obligations to submit change order requests in a timely manner and LAWA has not aggressively enforced its own change management guidelines or specific time requirements of the CMAR agreements.
U
U
U
N
N The LAWA Executive Director should direct ADG management to: 3.1 Review contract provisions, such as Articles 01 23 00 (Change Orders), 01 24 00 (LAWA Initiated Changes), and 01 25 00 (CMAR Change Request) in the Bradley West Construction Agreements, to strengthen language and expectations of CMAR change management for future projects. Specific areas that could be strengthened include the expectation of the CMAR role in the meriting review process, pricing estimation for proposed change orders, and the acceptability of CCR revisions that contain cost increases, but no changes in the scope of work. 3.2 Follow through on formal communications to the CMAR management regarding contractual provisions requiring the CMAR to submit CPCNs and CCRs within the timeframes stated in the agreement. 3.3 Formally communicate that unsupported estimates used as placeholders, as well as CCR revisions that do not contain changes in scope, will not be accepted. 3.4 Consider enhancing the monitoring of CMAR performance of change management to include its ability to meet contract prescribed timelines for change submittals to reduce the risk of schedule impacts, that subcontractors will not be paid in a timely manner, and to ensure the project may be closed out with an efficient and effective process. 3.5 Conduct a post-project analysis of the resources allocated to CMAR Change Management functions by LAWA under the Bradley West project budgets to determine whether they exceeded the mean or median amount spent, as a percentage of total costs, on this administrative function. Report results to the Board of Airport Commissioners. 4 LAWA may be performing QC functions assigned to the Contractor and for which the Contractor is already compensated through the executed contracts. LAWA may be incurring unforeseen costs because of the duplication of efforts, along with other
N
U
The LAWA Executive Director should direct the Chief Airports Inspector to: 4.1 Update and make readily available the LAWA Construction Inspection Division Procedures Manual. 4.2 Direct inspector staff to follow procedures outlined in the LAWA Construction Inspection Division Procedures Manual. Section Number Description of Findings Ranking Code Recommendations
Harvey M. Rose Associates, LLC A-3
inefficiencies in the CMAR- LAWA relationship. Because LAWA inspectors do not have, or do not follow all procedures for tracking inspection activity or monitoring the performance of the CMAR, management is unable to effectively gauge CMAR QC performance or overall CMAR compliance with active contracts. Additionally, weaknesses in the practice of CMAR performance monitoring may result in deficiencies in construction, which may affect the integrity of the work element and increase the possibility of future litigation. N
N
N
N
4.3 Provide training to LAWA inspector staff on records and information management procedures to ensure that staff are knowledgeable about requirements and equipped to comply with them. 4.4 Review processes and determine if procedures, notably those related to J ob Memos and the issuance of Notices of Noncompliance, should be revised. 4.5 Standardize and maintain LAWA-owned logs to track the full history of document communications with a given contractor. 4.6 Review the Request for Inspection processes and define the implementation of Requests for Inspection in institutional documents for standardization of Request for Inspection processes and procedures. 5 The Board of Airport Commissioners has limited involvement in the review and prioritization of proposed projects and is not involved in the assessment of initial project concepts or budgets. Instead, these responsibilities have been assumed by executive staff and the Board may have less than optimal involvement in major capital project decision-making processes. This dynamic is, in part, driven by LAWA managements opinion that a tension, or conflict exists between the Boards environmental review responsibilities and its more direct role considering capital projects for approval. Further, executive management does not conduct comprehensive needs assessments, nor has it established a systemic process for determining which projects should be prioritized and advanced for development.
U
N
N
U
The Board of Airport Commissioners should direct the LAWA Executive Director to: 5.1 Request a written legal opinion from the City Attorneys Office regarding any potential conflict of interest related to the Boards duties and authorities related to airport development and CEQA review. 5.2 If a conflict of interest is determined to be a factor by the City Attorneys Office, develop a proposal to reassign the CEQA review responsibility from the Board of Airport Commissioners to the City Planning Department or another entity within the City, thereby enabling the Board of Airport Commissioners to conduct a more substantial level of review of the capital development program. 5.3 Building on LAWAs current periodic open- call for projects practice, conduct a comprehensive needs assessment of airport capital assets, including both potential development projects and facilities maintenance needs, based on the results- oriented goals and objectives that flow from the organizations mission. 5.4 Develop a policy and systemic process for LAWA executive management to use on an on-going basis going forward to evaluate the costs and benefits of various proposed projects and prioritize among them. If deemed appropriate pursuant to Recommendations 5.1 and 5.2, the outputs of such a process should Section Number Description of Findings Ranking Code Recommendations
Harvey M. Rose Associates, LLC A-4
be officially reported to the Board of Airport Commissioners so that it may be involved in the selection of capital development projects. 6 LAWA has not developed a Capital Improvement Plan or developed a multi-year Capital Budget, and the annual capital budget approved by the LAWA Board of Airport Commissioners includes only a high level summary of anticipated capital expenditures for each major element and for the budget year. On a project basis, baseline capital budgets are liberally estimated at initial stages of development. These estimates include broadly defined cost components, can raise the total project budget by as much as 52 percent over the estimated cost of construction (i.e., termed hard costs in the industry and by LAWA). Large project budgets are typically overstated, which can result in a greater commitment of funds than might otherwise be necessary with more accurate forecasting, and may increase the risk of unnecessary expenditures.
U N N
N
N
N
The Board of Airport Commissioners should direct the LAWA Executive Director to: 6.1 Continue efforts to develop a multi-year capital plan that would be presented to the Board of Airport Commissioners in public session. 6.2 Present a five-year capital spending plan as part of the annual budget review process. 6.3 As part of the annual budget process, or as required by the needs of the organization, seek Board of Airport Commissioner approval of detailed, individual capital project budgets. 6.4 Require all project budget packages to specifically identify allowances and other cost components for which the basis of the estimate cannot be reliably determined. 6.5 Review the analytical basis for estimating project soft costs and contingencies and consider establishing variable standards based on project scope. 6.6 Implement comprehensive and formalized policies, procedures and standards for developing, implementing and monitoring capital project budgets. 7 LAWA has not developed a strategy or plan to transition LAWA staff into capital development program management and other roles that are currently held by consultants. Despite a stated intention to transition to an owner-driven organization, the contract for program management services has recently been extended to eight years at a cost of $202 million, and documentation suggests that these services will continue to be provided by consultants through at least 2018. The cost of utilizing consultants is estimated to be approximately
U
N
The LAWA Executive Director should: 7.1 Direct staff to develop a long-term strategy for the use of consultants and LAWA staff in program management and support roles, including the identification of the amount and types of baseline staffing that will be required on a long-term basis, and an estimate of the amount and types of consultant staffing that will be required. The strategy should be based on a cost-benefit analysis that justifies the allocation of LAWA staff and consultants. 7.2 Build upon and broaden its recent effort with the Airport Engineer classification to identify any airport-specific job classifications that could be established by the City and enable LAWA to recruit and retain appropriate capital development staff. Any such proposed Section Number Description of Findings Ranking Code Recommendations
Harvey M. Rose Associates, LLC A-5
15-20 percent greater than the cost of City staff. In addition, by placing consultants in key roles throughout ADG, LAWA hinders staff development opportunities for LAWA personnel and perpetuates the deficiency that required the use consultants in the first place. Even if the need for such knowledge and expertise declines over the next ten years as LAWA accomplishes its capital development program, there will always be a baseline need for capital development program staff.
N classifications should be provided to the Department of Human Resources for review. 7.3 Direct the Human Resources Division to review existing job classifications for capital development at the airport and conduct analysis to determine whether the addition of new airport-specific classifications is appropriate.
Description of Recommendation Ranking Codes U- Urgent- The recommendation pertains to a serious or materially significant audit finding or control weakness. Due to the seriousness or significance of the matter, immediate management attention and appropriate corrective action is warranted.
N- Necessary- The recommendation pertains to a moderately significant or potentially serious audit finding or control weakness. Reasonably prompt corrective action should be taken by management to address the matter. The recommendation should be implemented within six months.
D- Desirable- The recommendation pertains to an audit finding or control weakness of relatively minor significance or concern. The timing of any corrective action is left to managements discretion.
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i f
a p p l i c a b l e )
M|. C h a n g e
O r d e r s
( p l e a s e
s p e c i f y
d o l l a r
a m o u n t
t h r e s h o l d
b e l o w ,
i f
a p p l i c a b l e )
M|. O t h e r
( p l e a s e
s p e c i f y )
^ ^ " " N o
*' Y e s
( P l e a s e
d e s c r i b e )
*' I f
Y e s ,
p l e a s e
s p e c i f y
^ ^ " " P l e a s e
e x p l a i n
b e l o w ,
i f
n e c e s s a r y .
^ ^ " " Appendix B B-1 4 .
W h a t
i s
y o u r
a i r p o r t ' s
f o r e c a s t
f o r
N e w
L a r g e
A i r c r a f t
( N L A )
o p e r a t i o n s
d u r i n g
t h e
n e x t
f i v e
y e a r
p l a n n i n g
w i n d o w ? 5 .
W h a t
i s
t h e
c u r r e n t
a v e r a g e
a g e
o f
y o u r
t e r m i n a l
f a c i l i t i e s ?
A n d
w h e n
w e r e
y o u r
t e r m i n a l
f a c i l i t i e s
l a s t
r e m o d e l e d
o r
u p g r a d e d ?
6 .
P l e a s e
d e s c r i b e
y o u r
c a p i t a l
e x p e n d i t u r e s
f o r
r e m o d e l ,
r e p a i r
a n d
u p g r a d e
p r o j e c t s
( v e r s u s
e x p a n s i o n )
o v e r
t h e
l a s t
1 5
y e a r s
a n d
y o u r
p r e s e n t
c o s t
e s t i m a t e
o f
d e f e r r e d
m a i n t e n a n c e .
I f
p o s s i b l e ,
p l e a s e
p r o v i d e
t o t a l
e x p e n d i t u r e s
f o r
t h e s e
t y p e s
o f
p r o j e c t s
d u r i n g
t h i s
p e r i o d .
7 .
P l e a s e
l i s t
t h e
o f f i c e s ,
d e p a r t m e n t s ,
o r
o r g a n i z a t i o n s
( i . e .
E x e c u t i v e
O f f i c e ,
P l a n n i n g
D e p a r t m e n t ,
e t c . )
g e n e r a l l y
i n v o l v e d
i n
t h e
f o l l o w i n g
s t a g e s
o f
p r o j e c t
d e v e l o p m e n t . 8 .
P l e a s e
d e s c r i b e
t h e
p r o j e c t
c o s t
e s t i m a t i o n
p r o c e s s .
P l e a s e
i n c l u d e
t h e
n u m b e r
o f
e s t i m a t e s
d e v e l o p e d
f o r
a n y
g i v e n
p r o j e c t ,
w h i c h
e n t i t i e s
d e v e l o p
t h e
e s t i m a t e s ,
a n d
w h i c h
e n t i t y ' s
e s t i m a t e
u l t i m a t e l y
r e c e i v e s
a p p r o v a l .
T o t a l
n u m b e r
o f
N L A N u m b e r
o f
c o n c u r r e n t
N L A
o n
t h e
g r o u n d ^ ^ " " ^ ^ " " D e f i n i t i o n
o f
p r o j e c t
s c o p e D e s i g n E n v i r o n m e n t a l
r e v i e w P r o j e c t
C o s t
E s t i m a t i n g ^ ^ " " 9 .
D o e s
y o u r
a i r p o r t
e m p l o y
a
s t r u c t u r e d
v a l u e
e n g i n e e r i n g
p r o c e s s ?
I f
s o ,
p l e a s e
s p e c i f y
t h e
m a n a g e m e n t
r e p o r t s ,
t o o l s ,
o r
p r o c e s s e s
b y
w h i c h
m a n a g e r s
o b t a i n
a n d
e v a l u a t e
p r o g r a m
a n d
f i n a n c i a l
s t a t u s
i n f o r m a t i o n . 1 0 .
P l e a s e
d e s c r i b e
t h e
k e y
q u a l i t y
c o n t r o l
o r
q u a l i t y
a s s u r a n c e
s y s t e m s
i n
p l a c e
t o
o v e r s e e
c o n t r a c t o r
p e r f o r m a n c e .
1 1 .
D o
y o u r
c o n s t r u c t i o n
e n g i n e e r i n g
q u a l i t y
a s s u r a n c e
e m p l o y e e s
( R e s i d e n t / P r o j e c t
E n g i n e e r s ,
I n s p e c t o r s ,
o r
F i e l d
E n g i n e e r s )
h a v e
t h e
a u t h o r i t y
t o
s t o p
p a y m e n t
t o
c o n t r a c t o r s ? 1 2 .
I s
a
s t a n d a r d
c o n t i n g e n c y
a p p l i e d
t o
a l l
c o n s t r u c t i o n
c o n t r a c t s ?
I f
s o ,
p l e a s e
e n t e r
t h e
p e r c e n t a g e
v a l u e . ^ ^ " " Y e s
( e n t e r
p e r c e n t a g e
v a l u e ) N o
( b r i e f l y
d e s c r i b e
h o w
c o n t i n g e n c i e s
a r e
d e t e r m i n e d ) N o
M|. Y e s
( p l e a s e
d e s c r i b e
b e l o w )
M|. P l e a s e
d e s c r i b e
^ ^ " " Y e s
*' N o
*' O t h e r
( p l e a s e
s p e c i f y )
Appendix B B-2 1 3 .
P l e a s e
l i s t
t h e
t i t l e s
o f
t h e
a u t h o r i z i n g
s i g n a t u r e s
r e q u i r e d
f o r
c h a n g e
o r d e r s .
I f
d o l l a r
a m o u n t
t h r e s h o l d s
a p p l y ,
p l e a s e
i n d i c a t e .
^ ^ " "
D o c u m e n t s
R e q u e s t I n
a d d i t i o n ,
w e
r e q u e s t
t h a t
y o u
p r o v i d e
t h e
f o l l o w i n g
d o c u m e n t s
v i a
e m a i l :
1 .
A v a i l a b l e
o r g a n i z a t i o n
c h a r t s
f o r
a l l
a i r p o r t
d e p a r t m e n t s
a n d
d i v i s i o n s ,
i n c l u d i n g
t h e
g e n e r a l
a i r p o r t
g o v e r n a n c e
a n d
m a n a g e m e n t
s t r u c t u r e ,
k e y
a d m i n i s t r a t i v e
d i v i s i o n s ,
b u d g e t
a n d
f i n a n c e ,
p l a n n i n g
a n d
d e v e l o p m e n t ,
a n d
a i r p o r t
o p e r a t i o n s
2 .
C o p i e s
o f
t h e
p o l i c i e s
a n d
p r o c e d u r e s
f o r
a i r p o r t
a n d
f a c i l i t y
p l a n n i n g ,
d e s i g n ,
a n d
c o n s t r u c t i o n ,
i f
a v a i l a b l e
e l e c t r o n i c a l l y .
O t h e r w i s e ,
c o p i e s
o f
t h e
t a b l e
o f
c o n t e n t s
w o u l d
b e
s u f f i c i e n t .
3 .
M o s t
r e c e n t
a i r p o r t
s t r a t e g i c
p l a n ,
i f
a v a i l a b l e
e l e c t r o n i c a l l y .
O t h e r w i s e ,
a n
o f f i c i a l
s u m m a r y
s t a t e m e n t
o f
s t r a t e g i c
g o a l s
a n d
o b j e c t i v e s
w o u l d
b e
s u f f i c i e n t .
4 .
M o s t
r e c e n t
a i r p o r t
c a p i t a l
p l a n
5 .
A i r p o r t
c a p i t a l
b u d g e t s
f o r
t h e
p a s t
f i v e
y e a r s
6 .
A i r p o r t
c a p i t a l
p r o j e c t
f i n a n c i a l
r e p o r t s
f o r
t h e
p a s t
f i v e
y e a r s
T h e s e
d o c u m e n t s
w i l l
h e l p
u s
u n d e r s t a n d
c a p i t a l
d e v e l o p m e n t
a t
y o u r
a i r p o r t
a n d
w i l l
a l l o w
u s
t o
a n s w e r
f u r t h e r
q u e s t i o n s
b y
r e f e r r i n g
t o
t h e
d o c u m e n t s .
W e
h o p e
t o
a v o i d
o r
m i n i m i z e
f o l l o w - u p
q u e s t i o n s .
P l e a s e
s u b m i t
t h e s e
d o c u m e n t s
e l e c t r o n i c a l l y
t o
M s .
K a t i e
S h o r t
a t
k s h o r t @ h a r v e y r o s e . c o m .
Appendix B B-3
T h a n k
Y o u T h a n k
y o u
v e r y
m u c h
f o r
p a r t i c i p a t i n g !
U p o n
c o m p l e t i o n
o f
t h e
a u d i t ,
w e
w i l l
e m a i l
y o u
a
c o p y
o f
t h e
f i n a l
r e p o r t .
W e
h o p e
t h i s
w i l l
b e
a
v a l u e
r e s o u r c e
f o r
y o u
a n d
y o u r
c o l l e a g u e s .
Appendix B B-4 Dallas-Fort Worth International Airport John F. Kennedy International Airport Hartsfield-Jackson Atlanta International Airport McCarran International Airport Miami International Airport San Francisco International Airport 1. For which of the following is Board approval required? Airport Master Plan No No No - TheCity Council "adopts" theMaster Plan. No Yes Yes Airport Master Plan Amendments No No No No Yes Yes Capital Plan/Budget No Yes Yes No Yes Yes Project Definition and Budget No No No No No No Individual Contracts Yes Yes Yes Yes Yes Yes Change Orders Yes No Yes Yes Yes No Other DFW Airport Boardapproval requiredfor: Professional Services(A/E) New contractsover $50K, changeordersover $40K, andConstruction New contractsover $50K, changeordersover $25K. N/A N/A Theairport director hasbeenauthorizedby the Boardof County Commissionersto execute changesordersnot to exceed10% of theawarded contract amount. Thereisno dollar limit onany singlechangeorder, just thetotal amount per contract. Any changeorderswhichwouldexceed this10% limit must beapprovedby theBoard, no matter theamount. Asapractical matter, avery largechangeorder will betakento theboardto preservethe10% authority for thenormal course of business. Wealso includeaspecial allowance ineachcontract for itemswhichdevelopduring thecourseof theproject. Thisspecial allowance coverspermits, fees, andany changesdirectedby theowner whichaddsto thescopeof thecontract (asopposedto designerrors, designomissions, and unforeseenconditions). By way of example, for theTerminal 3project, a$1.2billioncontract by award, thespecial allowancewas$50millionand thechangeorder authority by boardpolicy was $120million. Therewereapproximately $45in changesonthisproject andnoneof thosechanges went to theboardfor approval. All constructioncontractsmust beapprovedby the Boardof County Commissioners. Changeorders must beapprovedby theBoardof County Commissioners. If theCO isbelow 15% of the cost of thecontract cambeapproved administratively by theAviationDirector, but needsto beratifiedby theBoardof County Commissioners. Thedollar amount thresholdrequiringAirport Commissionapproval for contractsisany constructioncontract over $400,000andany professional servicescontract over $50,000. A p p e n d i x
C C - 1 Dallas-Fort Worth International Airport John F. Kennedy International Airport Hartsfield-Jackson Atlanta International Airport McCarran International Airport Miami International Airport San Francisco International Airport 2. Do you have a formal and systemic process for prioritizing potential capital projects and selecting those that will be developed? Yes and specify Yes Projectsaresubmittedthrough anelectronic processfor potential funding. A committeeof senior management reviewstheproject requestsandapprovesor deniesthem. Yes Theagency ranksstateof good repair projectsalsocallednormal replacement projectsby assessing asset conditionandoperational necessity. A moredetaileddescription of thisprocesscanbefoundinACRP Report 49CollaborativeAirport Capital PlanningHandbook. Yes TheDepartment of Aviation (DOA) Bureauof Airport Planning andDevelopment (P&D) isconsidered thefacilitator andproprietor of the DOAsCapital Improvement Program. Withinput fromother internal andexternal stakeholders, P&D isconsideredtheleadbusiness unit that isresponsiblefor the preparation, development, documentation, tracking, andoversight of theCIP program. Yes Eachyear wedevelopacapital plan, whichispresentedtotheairlines per our useandleaseagreement. The need, funding, andprojectedyear to commencetheproject, isincludedin therecommendation. Thisreview processwiththeairlinescoversall project withacost inexcessof $250,000. Our project list isdeveloped by solicitingneedsfromour executive teammembersandtheairlines. It is reviewedat least quarterly by the Director, Deputy Director andthe FinanceDirector for any adjustments basedonneed, operational concerns andfinancingtiming. Theoperations staff haveconstant input intothe timingfor operational purposeand need. Yes A groupcomposedof Aviation Department senior management, airlinerepresentative, Consulting Engineer andFinancial Advisor (User Group) convenesmonthly toreview andprioritizeprojectsandauthorize funding. Yes SFO studiedbest practicesandreviewedtheAirport CooperativeResearchProgram(ACRP) Report 49: CollaborativeAirport Capital PlanningHandbook toformalizeanew capital planningprocess. Theprocessisasfollows: Airport ExecutiveManagement servesasthe Capital PlanningReview Committee(CPRC), apolicy body, andprovidesdirectiontotheCIP WorkingGroupfor thecapital plan development process. Specifically, theCPRC definestheAirport facility objectives, ensuresconsistency withtheAirportsstrategic plan, and determinesthefinancial limitsfor investment. After theCIP WorkingGrouphasdevelopeditsannual updatetotheAirport capital plan, the CPRC will review theproposedplanandrecommendchangesif needed. TheCapital Improvement Program(CIP) WorkingGroupisa multidisciplinary groupof Airport managersthat work collaboratively toevaluate, develop, review, select, andmanagecapital and maintenanceinvestments. Every project isevaluatedusingadetailedrankingmethodology todeterminethescoreof eachproposedcapital project. TheAirport reevaluatesevery project that isbeingproposedfor inclusionintheCIP. TherankingcriteriaincludeSafety andSecurity; Customer Experience; Operational Impact; ConditionAssessment; Sustainability; Risk; andFinancial Impact. Eachcriterionisalsoweighted accordingtoitsrelativeimportance. TheCIP WorkingGroupprovidesanopenforumtodiscusscapital andmaintenanceprojectsunder consideration. Subject matter expertsfromother Divisionsprovidetheinitial rankingsfor their projectsandareinvitedtoparticipateinthe presentationof their projectstoensurethat eachproject isclearly understoodandisfairly evaluated. TheCIP WorkingGroupdeterminesthe planbasedonCPRC policy guidanceandtheproject scores. Thenthegroupreviewsthefinancial impact andeliminateslow scoringprojects fromtheplanif required, andprovidestheproposedcapital plantotheCPRC. TheCPRC staff havetheopportunity toask questions, request that theCIP WorkingGrouptoprovideadditional information, andmakeadjustmentstotheinitial proposal. Airport staff reviewsthecapital planwiththeAirport Director, theAirport Financial Advisory Committee(whichincludestheDeputy City Controller, theDirector of the ControllersOfficeof Public Finance, andmembersfromthefinancial servicesindustry), theSanFranciscoAirport AirlineAdvisory Committee(SFAAAC) of airlinerepresentatives, theCitysCapital PlanningCommittee, theMayorsOfficeandtheBoardof Supervisors. TheCIP WorkingGroupalsoconductsmidyear reviewsof thecapital plantoidentify andproject issuesearly intheprocess. Thesemeetings allow theAirport toconsider andevaluatenew project requestsduringthefiscal year. ThisprocessalsoenablesSFO toreallocatefundsfrom any project that cannot be, or isnot being, implementedfor another project that may needthefundingor tofundanew project that wasnot anticipated. No N/A N/A N/A N/A N/A N/A A p p e n d i x
C C - 2 Dallas-Fort Worth International Airport John F. Kennedy International Airport Hartsfield-Jackson Atlanta International Airport McCarran International Airport Miami International Airport San Francisco International Airport 3. Select the delivery model(s) the Airport generally uses for the categories of projects shown below. Airfield Projects Design-Bid-Build Design-Bid-Build Design-Bid-Build Design-Bid-BuildandConstruction-Manager-At- Risk Design-Bid-Build Design-Bid-BuildandDesign-Build New Facility Construction Projects Design-Bid-BuildandConstruction-Manager-At- Risk N/A Design-Bid-BuildandConstruction-Manager-At- Risk Design-Bid-Build Design-Bid-Build Design-Bid-BuildandDesign-Build Renovation/Rehabilitation Projects Design-Bid-BuildandConstruction-Manager-At- Risk Design-Build Design-Bid-Build Design-Bid-BuildandConstruction-Manager-At- Risk Design-Bid-Build Design-Bid-BuildandDesign-Build Other Projects Design-Bid-BuildandConstruction-Manager-At- Risk N/A Design-Bid-Build N/A Design-Bid-Build Design-Bid-BuildandDesign-Build Other, please specify. For larger projects, theCMAR approachistypically utilized. At DFW, wealso select contractorsona competitivesealedproposal basis, whereprice, alongwithother factorsareusedto determinethe contractor that providesthebest valuefor that particular contract. Thisapproachistypically (but not always) usedwhenwehave100% of thedesign documents. Theagency usesDesign-Bid-Buildabout 85% of the time. But other delivery strategiesareusedsuchas Design-Build, Design-Build-Operate-and-Maintain dependingontheproject. Wedo useDesign-Buildfor somelarger projects, in special casesonly wherethescheduleiscritical, or wherewewant to specifically allow innovationor alternativesfromoutsidesources. Until recently theonly procurement methodusedwa Design-Bid-BuildandDesign-Build. Changesto Statepublic worksprocurement statutesweremadea few yearsago whichgreatly enhancedtheability to useConstruction-Manager-At-Risk. Wehaveused thisprocessnow for six projects, all but oneof the projectsarerenovations, bothbuildingandairfield. Thelargest of theprojectshasbeenapproximately $15million. Wehavejust awardedataxiway renovationproject at $26million. If our experience goingforwardmatchesour past experience, we intendto usethisprocurement methodmore frequently. N/A Thedelivery methodvariesdependingonthetypeof project. For largescaleprojects, generally inexcess of $50million, SFO usesaDesign-Builddelivery model, but for smaller projectsSFO generally uses theDesign-Bid-Builddelivery method. A p p e n d i x
C C - 3 Dallas-Fort Worth International Airport John F. Kennedy International Airport Hartsfield-Jackson Atlanta International Airport McCarran International Airport Miami International Airport San Francisco International Airport 4. What is your airport's forecast for New Large Aircraft operations during the next five year planning window? Total number of NLA Two scheduledCargo flightsusing747-800 J FK isoneof thetop10airportsintheworldfor A380s- about 40flightsper day Four aday (A380, not just groupVI) Wearenot planningfor New LargeAircraft operations. Four daily (includes2AirbusA380and2Boeing 747-8Cargo Freighter) Two intheshortterm, withupto 14daily operations by FY17 Number of concurrent NLA on the ground Planningfor onepassenger A380, withgatecapacity for two over thenext fiveyear period; 747-800 couldgatethreetoday, if demanddictated, but no suchdemandcurrently exists. From40flightsaday today to about 50flights5 years One N/A 2AirbusA380intheafternoonand2Boeing747-8 Cargo Freighter inthemorning One(possibly two onthegroundconcurrently inFY 16andFY 17) 5. What is the current average age of your terminal facilities? And when were your terminal facilities last remodeled or upgraded? Terminal D (International Terminal) openedin 2005. TerminalsA, B, C andE (DFWsother 4 Terminals) openedin1974andarecurrently inthe processof beingremodeled(under our Terminal Renewal andImprovement Program TRIP). Estimatedcompletionfor TRIP is2017. Terminal Inventory for PA airport systemranges fromlessthanthreeyearsfor theNew Domestic Terminal at J FK to morethan40yearsfor the Central Terminal Buildingat LGA. Most of theterminal wasbuilt inearly 1980s. Remodelinginthelast 10yearsincludes1994- ConcourseC, and2012- new terminal. Terminal 3wasopenedthissummer. It has14gates, but the terminal issizedto servicethose14gatesandupto 26gates fromthesatelliteD gates. Thereisanundergroundtrainlinking Terminal 3to theD Gates. SatelliteD has44gatesandis connectedto Terminal 1andTerminal 3by anautomatedtrain. Thefirst half of theD Gateswasopenedin1998. Thethirdwing wasopenedin2004andthefinal wing(thefourthwing) was openedin2007. TheC gateshas19aircraft gates. Themainpart of thisareawasopenedin1987. Two of the19gateswereadded in1994andGateC1wasaddedin2008. TheA&B Gateareas aretheoldest gateareas. Partsof thisterminal areaare50years oldandthenewest part of thisareais40yearsold. Most all of theA&B Gateterminal areahasbeenremodeledinthepast 6 years. Two of thefour pods, most of thepassenger walk waysand therotundaareashaveall beenremodeled, to includethe restrooms, theceilingareas, thewindow walls, walls, andfloors. Therenovationof the thirdpodisunder design. Terminal 2was openedin1991. Thiseight gatefacility wasaremodel and connectionof two oldstandaloneterminalsoperatedpreviously by AmericanandPeople'sExpress. ThisTerminal hasbeen closedandscheduledfor demolition. Partsof thenew NorthTerminal andConcourse"D" arestill under construction. Thenew South Terminal andCC "J " opened5yearsago, Concourse "H" opened15yearsago. Portionsof our Central Terminal CC "E, F, andG" rangefromthe70'sto the oldest concourse("G") whichdatesto thelate50's whentheairport opened. Terminal 1 Opened1963(major renovationsin 1988) Terminal 2 Opened1954(major renovationsin 1983and2011) Terminal 3 Opened1979(major renovationsin 1981. Additional renovationsarecurrently underway) International Terminal Opened2000 A p p e n d i x
C C - 4 Dallas-Fort Worth International Airport John F. Kennedy International Airport Hartsfield-Jackson Atlanta International Airport McCarran International Airport Miami International Airport San Francisco International Airport 6. Please describe your capital expenditures for remodel, repair, and upgraded projects over the last 15 years and your present cost estimate of deferred maintenance. If possible, please provide total expenditures for these types of projects during this period. 2005 Largecapital development programwhichincludeda new terminal (Terminal D) andanew automatedpeoplemover system(Skylink). Total Programwas$2.7B 2010 Startednew capital program Terminal Renewal and Improvement Program(TRIP). Thisincludesthecomplete renovationof TerminalsA, B, C andE. Current TRIP program budget is$2.3B, scheduledfor completionin2017. In additional to thelargecapital programs, DFW typically spends $100M-$150M per year onavariety of ongoingcapital projects, fromairfieldwork to terminal work. Thistypical annual expenditurehappensevery year, includingduringthe yearsof ongoinglargeprograms. OnaveragethePA'scapital programin Aviationexpendsabout $350M annually. Inthepast 15yearswehave exceededthat amount for programssuch asthenew largeaircraft programat J FK, New Domestic Terminal andnew Terminal 8at J FK, reconstructionof the Bay Runway at J FK, theJ FK andEWR Air Trainandperimeter. N/A Since2008, theairport hasbeen updatingor constructing: thebaggage screeningareas, airfieldbridge structures, theautomatedpeoplemover system, relocationof thetraffic control tower, runway andtaxiway lightingand paving, runway 27R extension, runway 9R-27L reconstruction, concourseD expansion, constructionof an international terminal, concourseC expansion, andaconsolidatedrental car facility. For maintenanceandrepair projectswe useReserveMaintenancefundingwhich isreplenishedthroughlandingfees. TheAirport usestheCity andCounty of SanFranciscosFacilitiesRenewal ResourceModel (FRRM). Thiswebbasedsoftwaretool predictstheannual funding neededto maintainfacilitiesinastateof goodrepair. To estimatethisannual need, themodel usesbasic buildinginformation(e.g. grosssquarefeet, constructiondate, subsystemlifecycles, replacement costs, etc.). For boththetenyear capital planand theannual capital budget, theAirport usessomeFRRM datato determinehow much fundingto allocateto eachcost center for facility renewal. TheAirportsFacility MaintenanceandDesignandConstructiondivisionsalso useaGIS infrastructure mappingsystemthat assiststheAirport inidentifyingsomereplacement and renewal needs. TheAirport budget for facilitiesmaintenanceover thepast 15years was$72.6million. Thenext 10year projectedamount is$117.4million. The Airport also hascompletednumerouscapital projectsrelatedto remodel, repair and renovationof facilitiesor infrastructureassetsover thepast 5years. 7. Please list the offices, departments, or organizations generally involved in the following stages of project development. Definition of Project Scope Planning, Airport Development andEngineeringDept. (ADE), RequestingDFW Department (ADEscustomer) AviationDepartment-Airport Physical Plant andRedevelopment Divisions Planning/Environmental ExecutiveOffice, Planning, andthe appropriateoperational group(i.e., airfieldoperations for airfield improvementsor terminal operationsfor terminal projects). PlanningDivisionandFacilities Management Division ThroughtheAirportsQuick ResponseTeam(QRT) process, stakeholdersassist in definingproject scopeincluding: TheAirport Director; Senior Management; PlanningDivision; DesignandConstructionDivision; FacilitiesMaintenance Division; OperationsandSecurity Division; BusinessandFinanceDivision; CommunicationsandMarketingDivision; MuseumsDivision; andAdministration andTechnology Division Design ADE EngineeringDepartment who usesin- houseandconsultants Project Development ExecutiveOffice, Planningandall departmentsimpactedby theproject. FacilitiesManagement Division DesignandConstructionDivision Environmental Review Environmental AffairsDepartment, ADE Aviationdirectsincollaborationwith Engineering Planning/Environmental Planning Civil EngineeringandEnvironmental Division PlanningDivision Project Cost Estimating ADE Aviationdrawsonsharedresourcefrom aProject Management Office Project Controls/Estimating ConstructionManager PlanningDivisionandFacilities Management Division DesignandConstructionDivision A p p e n d i x
C C - 5 Dallas-Fort Worth International Airport John F. Kennedy International Airport Hartsfield-Jackson Atlanta International Airport McCarran International Airport Miami International Airport San Francisco International Airport 8. Please describe the project cost estimation process. Please include the number of estimates developed for any given project, which entities develop the estimates, and which entity's estimate ultimately receives approval. Thecost estimationprocessisdifferent dependingonthetypeof project or program. ADE hasonstaff cost estimators, who aresupportedby oncall consultant estimators. For routinecapital projects, ADE estimatorshelpindevelopinganoverall project budget, whichincludesestimatesfor constructionandsoft costs. ADE will also conduct constructionestimatesasdesigndevelops(number of estimatesdependsonthesizeof the project) andanestimateat bidtime(asif biddingwiththecontractors). For large programs, likeTRIP, ADE estimatorsworkedwithconsultant staff andCMAR staff, to developtheoverall programbudget, whichagainincludedestimatesfor constructionand soft costs. Theprocesstypically includedtheentities(consultant, CMAR andADE) estimatingtheconstructioncostsindependently, andthenthethreecomingtogether and goingover theresultsfromeach, andworkingtogether to comeupwithaconsensus programbudget. Throughout aprogram, estimatesarecompletedby consultant staff and reviewedby ADE staff, asdesignisbeingcompleted, to ensureall areinlinewithbudget. A typical project hasfour estimatesthroughthe project cycle: uponentry inacapital plan; at the completionof conceptual development; if the project goesto preliminary design, there isanother estimate; and thefinal estimatebefore constructionawardis doneat thecompletionof final design. N/A Thefirst estimateisaplanningestimate. For largeprojectsthisis developedby theplanningconsultant managedby theplanningstaff and reviewedby theDirector'soffice. Onceaproject isindesign, thereare designreviewsat 10% completion, 35%, 60% and100% (sometimesthere isa90% designreview aswell). Thefirst concretedesignestimateis developedfor the35% designreview andupdatedfor eachsubsequent review. Thedesignestimateisdevelopedby thedesignteamandreviewed by theConstructiongroup, whichincludesin-housestaff andtheproject management staff, a.k.aBetchel, for thepast 30years. If thedesign estimateexceedstheplanningestimate, thenthedirector'sofficewill determinetheneedto increasetheproject budget or direct thedesignteam to reducetheproject scopeto bringit withinbudget (after reviewingcost reductionalternatives). TheAviationDepartment employsoutsideconsultantsfor project cost estimation. Estimatesareinitiatedduring planning, andupdatedduring programming, design, and construction(bidding) phases. AirportsEngineeringandArchitecturesectionsdevelopcost estimatesfor their smaller projectsthat generally focusonasset preservationor minor facility improvements. For largescale capital projects, SFO usesconsultantsto developcost estimates at least threeseparatetimesduringtheproject. Thefirst project budget estimateisdevelopedfor thefirst capital planproposal or initial planningphaseof theproject. Thisestimateisdeveloped by comparingthescopeandscaleof projectsto similar work and identifyingissuesthat may influencethecost. Thesecondcost estimateisdoneintheplanningphasewhenthedesignwork is developedandtheproject scope, scheduleandother project aspectsarefurther refined. Thethirdcost estimateiscompleted whentheengineer or architect estimatestheproject work prior to advertisingthecontract. A p p e n d i x
C C - 6 Dallas-Fort Worth International Airport John F. Kennedy International Airport Hartsfield-Jackson Atlanta International Airport McCarran International Airport Miami International Airport San Francisco International Airport 9. Does your airport employ a structured value engineering process? If so, please specify the management reports, tools, or processes by which managers obtain and evaluate program and financial status information. Yes - describe Yes - For our largeprograms, Consultant, CMARs, and ADE staff work together in reviewing design packages as they arebeing developed fromavalueengineering perspective. Notethat on largeprograms, theCMAR is put under contract shortly after thedesigner, and is under contract early on, and provides avast amount of pre- construction services including estimating, scheduling, phasing and valueengineering. N/A N/A Yes - All of thedesign projects for thepast 30 years havebeen managed by Betchel, with oversight fromthe airport construction management staff. Betchel staff conducts thedesign review required by statelaw for public works projects. Wedid employ theservices of an additional design review/valueengineering company for theConsolidated Rental Car Facility. Our conclusion was that this additional cost did not produceany meaningful adjustments to thedesign. N/A N/A No N/A No - In thelate1990s the PA had astructured value engineering process. Today weperformacost and schedulerisk assessments on projects beforethey aresubmitted to theBoard for authorization. No - If theschematic for aproject wereto change drastically, then it would beconsidered, but it is not routinely considered. N/A No TheAirport does not useastructured valueengineering process. During each capital project process, theAirport will evaluatealternativeways to implement aproject and identify theoptimal solution for thesealternatives. Theprocess used by theAirport can reduceproject costs without negatively affecting overall quality. Theprocess of identifying alternatives occurs throughout theproject, frominitial programming, to planning, and throughout thedesign and construction. This way of achieving project cost savings is a moreproactiveprocess. Airport staff has determined that structured valueengineering processes often occur too late in theproject and aretheresult of budgetary shortfalls that requirereducing project costs. Theprocess at theAirport ensures that thescopeand budget areevaluated concurrently and neither oneis compromised. A p p e n d i x
C C - 7 Dallas-Fort Worth International Airport John F. Kennedy International Airport Hartsfield-Jackson Atlanta International Airport McCarran International Airport Miami International Airport San Francisco International Airport 10. Please describe the key quality control or quality assurance systems in place to oversee contractor performance. ADE utilizesAirport staff andConsultant staff, bothactinginanOwners Representativecapacity, whooverseetheprojects. Eachproject isassignedan ownersrepteam, whichtypically includesaproject manager, contract administrator andconstructionmanagers/inspectorsthat areresponsiblefor overseeingall aspects of theproject, fromdesignthroughconstructioncompletion. DFW utilizesan electronicproject management system(Unifier by Skire/Oracle) inmanagingits projectsandprograms. All aspectsof theproject arehandledwithinthesystem, and thesystem(whichiscloudbased) isutilizedby all thoseinvolvedintheproject (ownersreps, consultantsandcontractors). DFWscontractsspecify that the contractor isresponsiblefor quality control inthefield. DFW hasadirect contract withanoutsidetestinglabthat conductsquality assurancetestingof thecontractors work at DFWsdirection, onanasrequestedbasis. Overall thePA'sEngineering Dept. hasaresident engineer'sofficeat the airportswhichhireconstruction inspectorsthat assessearnedvalue basedontheinspectionof thework andretainsportionsof theoverall contract valuetoinsurethat the contractor hasanincentiveto completethejob. DescribedinConsultant Payment Processingpolicy andprocedure. For thepast 30yearsBetchel hasservedasour constructionmanager. Betchel has staff inall theappropriatedisciplinestomanagetheconstructionprojects. This includesproject managers, fieldinspectors, safety, scheduling, document control andmanagement, etc. Betchel ismanagedby theairport'sconstructionand engineeringstaff whichincludesanassistant director, anairport engineer andhis assistant, twoarchitects, inspectorsandproject coordinators. Inadditionto managingtheBetchel contract, thisstaff overseessmall projects(generally under $1million) andtenant improvements. Inadditiontotheabove, theairport employs for eachproject athirdparty company for quality control andquality assurance. Thisincludesmaterialstesting, survey verification, designmix, etc. ThereisaCounty wideevaluation processmanagedby theCounty's Internal ServicesDepartment. http://www.miamidade.gov/internalse rvices/ TheDesignandConstructionDivisionfollowsadetailed ConstructionManagement Planthat servesasamanual for all projects. Thepurposeof thePlanistooutlinethe proceduresrequiredtoassurecompliancewiththequality control andacceptanceprovisionof theconstructioncontract. Theplanoutlinestheresponsibilitiesfor eachteammember associatedwiththeproject, includingthecontract supervisor, theproject manager, theresident engineer, inspectors, the quality assurancetestinglabpersonnel, surveyorsandother staff. Themanual alsooutlinesinternal audit procedures. 11. Do your construction engineering quality assurance employees (Resident/Project Engineers, Inspectors, or Field Engineers) have the authority to stop payment to contractors? Yes Yes- All applicationsfor payment tothecontractorsarereviewedby theowners repteam, whohasauthority toapprove, deny or reviserequestedpayments. Yes Yes Yes Yes Yes No N/A N/A N/A N/A N/A N/A Other - please specify N/A N/A They canrecommendstoppayment or partial payment. Statelaw requiresprompt payment. If theconstructionmanagement staff decidesto stoppayment thisdecisionmust becommunicatedinthenext construction review meeting(heldevery other Friday). At that timethedirector andtheairport attorney will decidehow toproceed. N/A N/A A p p e n d i x
C C - 8 Dallas-Fort Worth International Airport John F. Kennedy International Airport Hartsfield-Jackson Atlanta International Airport McCarran International Airport Miami International Airport San Francisco International Airport 12. Is a standard contingency applied to all construction contracts? If so, please enter the percentage value. Yes - enter percentage value N/A Most publicly advertised contracts apply an ExtraWork Allowancethat can rangefrom 7% to 10% 10% - and anything charged abovethis has to beapproved by City Council Yes - All estimates includeacontingency. Theamount lessens as thedesign approaches completion. Thebid documents requires each bidder to includeaspecific amount in abid for thespecial allowance. This special allowanceacts as afinal contingency which is included in thebudgeted amount for the project. 10% contingency applied to project estimates Yes - 7.5% No - briefly describe how contingencies are determined No - In developing aprogramor project budget, on aRough Order of Magnitude(ROM) estimate, DFW typically use10% contingency on theconstruction lineitemwithin theROM, and an additional 10-15% contingency on theoverall project or programbudget (theoverall programor project budget includes construction, as well as design, and typical other project or programsoft costs). On actual hard bid construction contracts, any contingency that thecontractors may haveplaced in their bid amount is not visibleto theOwner. For CMAR construction typecontracts, which aregenerally Guaranteed MaximumPricecontracts, contingency within thosecontracts is not morethan 5%, and thecontractor must havetheOwners approval to useit. N/A N/A N/A N/A N/A 13. Please list the titles of the authorizing signatures required for change orders. If dollar amount thresholds apply, please indicate. All of thesepositions arein Airport Development and Engineering Sr. Contract Administrator up to $25,000 Contracts Manager up to $1,000,000 (everything over $25,000 must first haveAirport Board approval) Assistant VicePresident ProgramAdministration ADE everything over $1,000,000 Nearly all changeorder require thesignatureof therequesting department, such as Aviation in thePA, and theEngineering Department. Attached policy and procedure Betchel Staff has authority for changeorders up to $5,000. Airport construction staff has authority up to $10,000. Anything over $10,000 must beapproved by theairport director (or thedeputy director in his absence). All owner directed changeorders must beapproved by thedirector regardless of theamount. Project Manager, Facilities Management Division Chief, Facilities management Division Director, Assistant Aviation Director Facilities management, Deputy Director Operations and Aviation (Airport) Director. All ChangeOrders must be approved by theBoard of County Commissioners. If theCO is below 15% of thecost of thecontract cambeapproved administratively by theAviation Director, but needs to be ratified by theBoard of County Commissioners. List detailing dollar thresholds for different levels of required authorizing signatureprovided to audit team. A p p e n d i x
C C - 9 P a g e
1 L . A .
D e p a r t m e n t s
B e n c h m a r k i n g
S u r v e y L . A .
D e p a r t m e n t s
B e n c h m a r k i n g
S u r v e y L . A .
D e p a r t m e n t s
B e n c h m a r k i n g
S u r v e y L . A .
D e p a r t m e n t s
B e n c h m a r k i n g
S u r v e y T h i s
s u r v e y
i s
b e i n g
a d m i n i s t e r e d
o n
b e h a l f
o f
t h e
L o s
A n g e l e s
C i t y
C o n t r o l l e r
a s
p a r t
o f
a n
a u d i t
o f
t h e
c a p i t a l
d e v e l o p m e n t
p r o g r a m
a t
t h e
L o s
A n g e l e s
W o r l d
A i r p o r t s
( L A W A ) .
T h a n k
y o u
f o r
p a r t i c i p a t i n g .
W e
a s k
t h a t
y o u
s u b m i t
y o u r
c o m p l e t e d
s u r v e y
b y
N o v e m b e r
2 1 ,
2 0 1 2 .
A l t e r n a t i v e l y ,
i f
i t
w o u l d
b e
m o r e
c o n v e n i e n t
f o r
y o u
t o
p r o v i d e
y o u r
r e s p o n s e s
v i a
p h o n e ,
p l e a s e
c o n t a c t
M s .
K a t i e
S h o r t
a t
k s h o r t @ h a r v e y r o s e . c o m
o r
( 4 1 5 )
5 5 3 - 4 6 3 8 .
S h o u l d
y o u
h a v e
a n y
o t h e r
q u e s t i o n s ,
p l e a s e
d o
n o t
h e s i t a t e
t o
c o n t a c t
M s .
S h o r t .
1 .
D o
y o u
h a v e
a
f o r m a l
a n d
s y s t e m i c
p r o c e s s
f o r
p r i o r i t i z i n g
p o t e n t i a l
c a p i t a l
p r o j e c t s
a n d
s e l e c t i n g
t h o s e
t h a t
w i l l
b e
d e v e l o p e d ? 2 .
S e l e c t
t h e
d e l i v e r y
m o d e l ( s )
t h e
D e p a r t m e n t
g e n e r a l l y
u s e s
f o r
t h e
c a t e g o r i e s
o f
p r o j e c t s
s h o w n
b e l o w .
N e w
F a c i l i t y
C o n s t r u c t i o n
P r o j e c t s R e n o v a t i o n / R e h a b i l i t a t i o n
P r o j e c t s O t h e r
P r o j e c t s D e s i g n - B i d - B u i l d M|. M|. M|. C o n s t r u c t i o n - M a n a g e r - A t - R is k M|. M|. M|. D e s i g n - B u i l d M|. M|. M|. N o
d o m i n a n t
m o d e l
o r
v a r i e s
d e p e n d i n g
o n
p r o j e c t M|. M|. M|.
Y e s
*' N o
*' I f
y e s ,
p l e a s e
s p e c i f y .
^ ^ " " P l e a s e
e x p l a i n
b e l o w ,
i f
n e c e s s a r y .
^ ^ " " P a g e
2 L . A .
D e p a r t m e n t s
B e n c h m a r k i n g
S u r v e y L . A .
D e p a r t m e n t s
B e n c h m a r k i n g
S u r v e y L . A .
D e p a r t m e n t s
B e n c h m a r k i n g
S u r v e y L . A .
D e p a r t m e n t s
B e n c h m a r k i n g
S u r v e y 3 .
P l e a s e
d e s c r i b e
y o u r
c a p i t a l
e x p e n d i t u r e s
f o r
r e m o d e l ,
r e p a i r
a n d
u p g r a d e
p r o j e c t s
( v e r s u s
e x p a n s i o n )
o v e r
t h e
l a s t
1 5
y e a r s
a n d
y o u r
p r e s e n t
c o s t
e s t i m a t e
o f
d e f e r r e d
m a i n t e n a n c e .
I f
p o s s i b l e ,
p l e a s e
p r o v i d e
t o t a l
e x p e n d i t u r e s
f o r
t h e s e
t y p e s
o f
p r o j e c t s
d u r i n g
t h i s
p e r i o d .
4 .
P l e a s e
l i s t
t h e
D e p a r t m e n t a l
o f f i c e s
o r
a s s o c i a t e d
o r g a n i z a t i o n s
g e n e r a l l y
i n v o l v e d
i n
t h e
f o l l o w i n g
s t a g e s
o f
p r o j e c t
d e v e l o p m e n t . 5 .
P l e a s e
d e s c r i b e
t h e
p r o j e c t
c o s t
e s t i m a t i o n
p r o c e s s .
P l e a s e
i n c l u d e
t h e
n u m b e r
o f
e s t i m a t e s
d e v e l o p e d
f o r
a n y
g i v e n
p r o j e c t ,
w h i c h
e n t i t i e s
d e v e l o p
t h e
e s t i m a t e s ,
a n d
w h i c h
e n t i t y ' s
e s t i m a t e
u l t i m a t e l y
r e c e i v e s
a p p r o v a l .
6 .
D o e s
y o u r
D e p a r t m e n t
e m p l o y
a
s t r u c t u r e d
v a l u e
e n g i n e e r i n g
p r o c e s s ?
I f
s o ,
p l e a s e
s p e c i f y
t h e
m a n a g e m e n t
r e p o r t s ,
t o o l s ,
o r
p r o c e s s e s
b y
w h i c h
m a n a g e r s
o b t a i n
a n d
e v a l u a t e
p r o g r a m
a n d
f i n a n c i a l
s t a t u s
i n f o r m a t i o n . 7 .
P l e a s e
d e s c r i b e
t h e
k e y
q u a l i t y
c o n t r o l
o r
q u a l i t y
a s s u r a n c e
s y s t e m s
i n
p l a c e
t o
o v e r s e e
c o n t r a c t o r
p e r f o r m a n c e .
^ ^ " " D e f i n i t i o n
o f
p r o j e c t
s c o p e D e s i g n E n v i r o n m e n t a l
r e v i e w P r o j e c t
C o s t
E s t i m a t i n g ^ ^ " " ^ ^ " "
Y e s
*' N o
*' P l e a s e
d e s c r i b e
^ ^ " " Appendix D D-1 P a g e
3 L . A .
D e p a r t m e n t s
B e n c h m a r k i n g
S u r v e y L . A .
D e p a r t m e n t s
B e n c h m a r k i n g
S u r v e y L . A .
D e p a r t m e n t s
B e n c h m a r k i n g
S u r v e y L . A .
D e p a r t m e n t s
B e n c h m a r k i n g
S u r v e y 8 .
D o
y o u r
c o n s t r u c t i o n
e n g i n e e r i n g
q u a l i t y
a s s u r a n c e
e m p l o y e e s
( R e s i d e n t / P r o j e c t
E n g i n e e r s ,
I n s p e c t o r s ,
o r
F i e l d
E n g i n e e r s )
h a v e
t h e
a u t h o r i t y
t o
s t o p
p a y m e n t
t o
c o n t r a c t o r s ? 9 .
I s
t h e r e
a n
e s t a b l i s h e d
p r o c e s s
f o r
t r a c k i n g
c h a n g e
o r d e r s ? 1 0 .
P l e a s e
l i s t
t h e
t i t l e s
o f
t h e
a u t h o r i z i n g
s i g n a t u r e s
r e q u i r e d
f o r
c h a n g e
o r d e r s .
I f
d o l l a r
a m o u n t
t h r e s h o l d s
a p p l y ,
p l e a s e
i n d i c a t e .
Y e s
( e n t e r
p e r c e n t a g e
v a l u e ) : N o
( b r i e f l y
d e s c r i b e
h o w
c o n t i n g e n c i e s
a r e
d e t e r m i n e d ) : ^ ^ " "
Y e s
*' N o
*' O t h e r
( p l e a s e
s p e c i f y )
^ ^ " " P a g e
4 L . A .
D e p a r t m e n t s
B e n c h m a r k i n g
S u r v e y L . A .
D e p a r t m e n t s
B e n c h m a r k i n g
S u r v e y L . A .
D e p a r t m e n t s
B e n c h m a r k i n g
S u r v e y L . A .
D e p a r t m e n t s
B e n c h m a r k i n g
S u r v e y I n
a d d i t i o n ,
w e
r e q u e s t
t h a t
y o u
p r o v i d e
t h e
f o l l o w i n g
d o c u m e n t s
v i a
e m a i l :
1 .
A v a i l a b l e
o r g a n i z a t i o n
c h a r t s
f o r
g e n e r a l
g o v e r n a n c e
a n d
m a n a g e m e n t
s t r u c t u r e ,
k e y
a d m i n i s t r a t i v e
d i v i s i o n s ,
b u d g e t
a n d
f i n a n c e ,
p l a n n i n g
a n d
d e v e l o p m e n t ,
a n d
o p e r a t i o n s
2 .
C o p i e s
o f
t h e
p o l i c i e s
a n d
p r o c e d u r e s
f o r
p l a n n i n g ,
d e s i g n ,
a n d
c o n s t r u c t i o n ,
i f
a v a i l a b l e
e l e c t r o n i c a l l y .
O t h e r w i s e ,
c o p i e s
o f
t h e
t a b l e
o f
c o n t e n t s
w o u l d
b e
s u f f i c i e n t .
3 .
M o s t
r e c e n t
d e p a r t m e n t a l
s t r a t e g i c
p l a n ,
i f
a v a i l a b l e
e l e c t r o n i c a l l y .
O t h e r w i s e ,
a n
o f f i c i a l
s u m m a r y
s t a t e m e n t
o f
s t r a t e g i c
g o a l s
a n d
o b j e c t i v e s
w o u l d
b e
s u f f i c i e n t .
4 .
M o s t
r e c e n t
c a p i t a l
p l a n
5 .
C a p i t a l
b u d g e t s
f o r
t h e
p a s t
f i v e
y e a r s
6 .
C a p i t a l
p r o j e c t
f i n a n c i a l
r e p o r t s
f o r
t h e
p a s t
f i v e
y e a r s
T h e s e
d o c u m e n t s
w i l l
h e l p
u s
u n d e r s t a n d
c a p i t a l
d e v e l o p m e n t
a t
y o u r
a i r p o r t
a n d
w i l l
a l l o w
u s
t o
a n s w e r
f u r t h e r
q u e s t i o n s
b y
r e f e r r i n g
t o
t h e
d o c u m e n t s .
W e
h o p e
t o
a v o i d
o r
m i n i m i z e
f o l l o w u p
q u e s t i o n s .
P l e a s e
s u b m i t
t h e s e
d o c u m e n t s
e l e c t r o n i c a l l y
t o
M s .
K a t i e
S h o r t
a t
k s h o r t @ h a r v e y r o s e . c o m .
Appendix D D-2 Port of Los Angeles Bureaus of Engineering and Sanitation 1. Do you have a formal and systemic spruces for prioritizing potential capital projects and selecting those that will be developed? Yes and specify Yes - All capital projects greater than 150k are approved by the Project Development Committee (PDC). The PDC is comprised of senior management and several division heads. Yes No N/A N/A 2. Select the delivery model(s) the Department generally uses for the categories of projects shown below. Facility Construction Projects Design-Bid-Build Design-Bid-Build Renovation/Rehabilitation Projects No dominant model or varies depending on project Design-Bid-Build Other Projects No dominant model or varies depending on project Design-Bid-Build Other, please specify. Projects are executed by outside contractors, other City Departments, or our own construction forces. The wastewater programhas used design-build three times, but design-bid-build is the normal process. 3. Please describe your capital expenditures for remodel, repair, and upgraded projects over the last 15 years and your present cost estimate of deferred maintenance. If possible, please provide total expenditures for these types of projects during this period. Our deferred maintenance budget is $5 million per year. We do not categorize projects as remodel, repair, upgrade, or expansion so can not provide a break down. FromB.o.S.: We do not track costs separately between expansion and rehab. FromB.o.E: There are projects generally delivered over the 3-4 year window and A p p e n d i x
E E - 1 Port of Los Angeles Bureaus of Engineering and Sanitation 4. Please list the Departmental offices generally involved in the following stages of project development. Definition of Project Scope Engineering, Real Estate, Marketing, Port tenants, Public BOE and client department; BOS Wastewater Engineering Services, WW Collection System, and the treatment plants Design Engineering, Environmental, Construction BOE and any consultant; BOE Environmental Eng Div and Wastewater Collection Eng Div Environmental Review Environmental, Engineering, Construction, City Attorney, Real Estate, Planning BOE and any consultant Project Cost Estimating Engineering BOE and any consultant 5. Please describe the project cost estimation process. Please include the number of estimates developed for any given project, which entities develop the estimates, and which entity's estimate ultimately receives approval. For capital construction projects initial estimates are developed by the Engineering Division based on a conceptual design. This estimate is used to obtain project approval by the PDC. Estimates are updated at various stages of design (40%, 80%, 100%). If estimates at these stages exceed the approved budget the project is returned to PDC for a project update. The budget is baselined after approval of the environmental process. This usually occurs at the 80% design. All estimates are prepared by the Engineering Division. The project manager is responsible for presenting an estimate to the client department for approval. A p p e n d i x
E E - 2 Port of Los Angeles Bureaus of Engineering and Sanitation 6. Does your Department employ a structured value engineering process? If so, please specify the management reports, tools, or processes by which managers obtain and evaluate program and financial status information. Yes - describe Yes - Projects control reports are updated on a monthly bases. All projects are reported in the Project Information Control System(PICS) directly by our project managers and costs are verified and checked by our Financial Control section. Project review meetings are held on a regular basis to review project status and issues with management. Various reports are generated to report actual and projected cash flows, milestones, and status. Reports generated include: - 10 year Cash Expenditure - Monthly 2 year Cash Expenditure - 5 Year Cash Expenditure - 12 Month Projected Construction Costs - Quarterly Cash Expenditure - Budget versus Current Projections - Radar Report (tracks budget project and FY budget and schedule) In addition to the above reports a CIP Dashboard is available to drill down to more specific project information. Yes, though it is not as structured as suggested in the question. It is a helpful tool for the process. No N/A N/A A p p e n d i x
E E - 3 Port of Los Angeles Bureaus of Engineering and Sanitation 7. Please describe the key quality control or quality assurance systems in place to oversee contractor performance. The Construction Division of the Los Angeles Harbor Department (LAHD) is responsible for managing all LAHD construction contracts. The Divisions management philosophy aims at achieving successful delivery of construction projects within the constraints and requirements of quality, budget and schedule while minimizing construction impacts on the environment, community and customers. The Divisions philosophy is based on the teamapproach, which utilizes a teamcomprised of individuals fromthe Contract Administration, Survey, Test Lab, and Inspection Sections for the life of the project. The Project Construction Manager assigned to the project has single-point responsibility for accomplishing all related day-to-day contract administration and construction management activities. The primary responsibilities of the Division include: Participate in design reviews, performconstructability/bid ability reviews on all projects and value engineering reviews on select projects. Review CEQA documents related to proposed construction contracts. Recommend construction packaging to enhance contractor efficiency. Manage advertising, receipt of bids, and award of contracts. Manage construction contracts to ensure contractors compliance with contract documents relative to cost, schedule and quality of work. Review and process all RFIs and Shop Drawings. Review and approve contractors construction schedules. Provide survey, inspection and testing services for all construction contracts. Process all construction payments. Provide coordination between Port customers, contractors, utility companies, community groups, government agencies and other City departments. Performenvironmental mitigation, monitoring and reporting during construction. Ensure contractors compliance with regulatory requirements including SWPPP. Participate in claims resolution. Manage warranty issues. The Construction Divisions philosophy is to actively create a teamenvironment and advocate a proactive approach to the construction process by identifying critical issues and seek resolution to those issues in a timely manner in order to minimize risk of potential claims. Issues are addressed in a cooperative manner as project concerns regardless of ultimate responsibility. Direct, frequent, open and honest communication is promoted and where appropriate, formalized partnering with the contractor and all stakeholders is employed to ensure successful completion of construction projects. The Project Delivery manual outlines all procedures. A p p e n d i x
E E - 4 Port of Los Angeles Bureaus of Engineering and Sanitation 8. Do your construction engineering quality assurance employees (Resident/Project Engineers, Inspectors, or Field Engineers) have the authority to stop payment to contractors? Yes Yes - Monthly construction progress payments are initiated by construction management representatives, discussed with contractors, and processed based on the percentage of acceptable work completed. Yes - Bureau of Inspection No N/A N/A Other - please specify N/A N/A 9. Is there an established process for tracking change orders? Yes Yes Yes there are two processes for tracking change orders. No N/A N/A 10. Please list the titles of the authorizing signatures required for change orders. If dollar amount thresholds apply, please indicate. Less than $150,000 - Executive Director Over $150,000 - Board of Harbor Commissioners A list was provided that outlines the signatures required for the different dollar thresholds. A p p e n d i x