Legislature(2005 - 2006)Anch LIO Conf Rm

06/09/2005 10:00 AM Senate TRANSPORTATION


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10:01:56 AM Start
10:18:32 AM Worksession: Force Account Projects Presentation and Briefing - Privatization of Transportation Services
02:28:36 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Joint w/(H) Transportation TELECONFERENCED
Force Account Projects Briefing -
Pat Davidson, Leg.Auditor
Privatization of Transportation Services
British Columbia
Public Testimony - General Contractors,
Builders and Others
Force Account Projects Presentation -
DOT/PF
                    ALASKA STATE LEGISLATURE                                                                                  
                       JOINT WORKSESSION                                                                                      
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
            HOUSE TRANSPORTATION STANDING COMMITTEE                                                                           
                          June 9, 2005                                                                                          
                           10:01 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
SENATE TRANSPORTATION                                                                                                           
                                                                                                                                
 Senator Charlie Huggins, Chair                                                                                                 
 Senator John Cowdery, Vice Chair                                                                                               
 Senator Gene Therriault                                                                                                        
                                                                                                                                
HOUSE TRANSPORTATION                                                                                                            
                                                                                                                                
 Representative Jim Elkins, Co-Chair                                                                                            
 Representative Carl Gatto, Co-Chair                                                                                            
 Representative Bill Thomas                                                                                                     
 Representative Woodie Salmon                                                                                                   
 Representative Mark Neuman                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
SENATE TRANSPORTATION                                                                                                           
                                                                                                                                
 Senator Albert Kookesh                                                                                                         
 Senator Hollis French                                                                                                          
                                                                                                                                
HOUSE TRANSPORTATION                                                                                                            
                                                                                                                                
 Representative Vic Kohring                                                                                                     
 Representative Mary Kapsner                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW:                                                                                                                     
                                                                                                                                
Force Account Projects Briefing by Pat Davidson, Division of                                                                    
Legislative Audit                                                                                                               
                                                                                                                                
Privatization of Transportation Services in British Columbia                                                                    
                                                                                                                                
Public Testimony by General Contractors, Builders and Others                                                                    
                                                                                                                                
Force Account Projects Presentation by DOT/PF                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
PAT DAVIDSON                                                                                                                    
Division of Legislative Audit                                                                                                   
PO Box 113300                                                                                                                   
Juneau AK 99811-3300                                                                                                            
POSITION STATEMENT: Presented force account briefing.                                                                         
                                                                                                                                
TERRY FIKE, President                                                                                                           
Alaska General Contractors Alaska, Inc. (AGC)                                                                                   
800 Schoon Street, Suite 100                                                                                                    
Anchorage AK 99518                                                                                                              
POSITION STATEMENT:  Commented on privatization.                                                                              
                                                                                                                                
MARK O'BRIEN, Chief Contracts Officer                                                                                           
Department of Transportation &                                                                                                  
  Public Facilities                                                                                                             
3132 Channel Dr.                                                                                                                
Juneau, AK  99801-7898                                                                                                          
POSITION STATEMENT:  Presented force account briefing.                                                                        
                                                                                                                                
TONY JOHANSON                                                                                                                   
Great Northwest Inc.                                                                                                            
Fairbanks AK                                                                                                                    
POSITION STATEMENT:  Commented on privatization.                                                                              
                                                                                                                                
ROXANNA MARSHAL                                                                                                                 
Acme Fence Co.                                                                                                                  
Anchorage AK                                                                                                                    
POSITION STATEMENT:  Commented on privatization.                                                                              
                                                                                                                                
DEBRA MASON                                                                                                                     
Thomas, Head and Greisen                                                                                                        
Fairbanks AK                                                                                                                    
POSITION STATEMENT:  Commented on privatization.                                                                              
                                                                                                                                
DENISE MICHAELS, Mayor                                                                                                          
Nome AK                                                                                                                         
POSITION STATEMENT:  Commented on privatization.                                                                              
                                                                                                                                
KYLE BROWN                                                                                                                      
Discovery Drilling                                                                                                              
Anchorage AK                                                                                                                    
POSITION STATEMENT:  Commented on privatization.                                                                              
                                                                                                                                
HAL INGALLS                                                                                                                     
Denali Drilling                                                                                                                 
Anchorage AK                                                                                                                    
POSITION STATEMENT:  Commented on privatization.                                                                              
                                                                                                                                
DICK CATTANAUCH, Executive Director                                                                                             
Associated General Contractors of Alaska, Inc. (AGC)                                                                            
8005 Schoon Street, Suite 100                                                                                                   
Anchorage AK 99518                                                                                                              
POSITION STATEMENT:  Commented on privatization.                                                                              
                                                                                                                                
FRANK RICHARDS, State Maintenance Engineer                                                                                      
Department of Transportation &                                                                                                  
  Public Facilities                                                                                                             
3132 Channel Dr.                                                                                                                
Juneau, AK  99801-7898                                                                                                          
POSITION STATEMENT:  Commented on privatization.                                                                              
                                                                                                                                
WALTON SMITH                                                                                                                    
St. Mary's AK                                                                                                                   
POSITION STATEMENT:  Commented on privatization.                                                                              
                                                                                                                                
DAVE TRANTHAM, City Councilman                                                                                                  
Bethel AK                                                                                                                       
POSITION STATEMENT:  Commented on privatization.                                                                              
                                                                                                                                
DAN SALMON                                                                                                                      
Iliamna Lake Contractors                                                                                                        
Anchorage AK                                                                                                                    
POSITION STATEMENT:  Commented on privatization.                                                                              
                                                                                                                                
JOHN PERSELL, City Manager                                                                                                      
St. Mary's AK                                                                                                                   
POSITION STATEMENT:  Commented on privatization.                                                                              
                                                                                                                                
TED POPELY, Senate Majority Counsel                                                                                             
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Commented on privatization.                                                                              
                                                                                                                                
DAN DOYLE, Deputy Minister                                                                                                      
Department of Transportation                                                                                                    
British Columbia, Canada                                                                                                        
POSITION STATEMENT:  Commented on force accounts.                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
^WORKSESSION: Force Account Projects  Presentation and Briefing -                                                             
Privatization of Transportation Services                                                                                      
                                                                                                                                
CHAIR CHARLIE HUGGINS called the  joint meeting of the Senate and                                                             
House  Transportation Standing  Committees to  order at  10:01:56                                                             
AM. Present were Senators Cowdery,  Therriault and Chair Huggins,                                                             
Representatives  Thomas,   Holm,  Salmon,  Co-Chairs   Gatto  and                                                               
Elkins.                                                                                                                         
                                                                                                                                
10:18:32 AM                                                                                                                   
PAT   DAVIDSON,  Division   of   Legislative   Audit,  said   the                                                               
Legislative Budget and Audit Committee  requested an audit of the                                                               
Department  of  Transportation  and  Public  Facilities'  (DOTPF)                                                               
Force  Account Projects.   The  objectives of  the audit  were to                                                               
identify  force account  projects in  excess of  $100,000 and  to                                                               
review  Department  of   Transportation  and  Public  Facilities'                                                               
(DOTPF)  policies and  procedures  regarding  force accounts  and                                                               
determine if they  conform to the state's  procurement and hiring                                                               
laws  and goals,  determine if  the wages  paid on  force account                                                               
jobs are equivalent to Davis  Bacon wages, determine if the DOT's                                                               
use   of  equipment   and  materials   conform  to   the  state's                                                               
procurement requirements,  and confirm  that the  public interest                                                               
findings on force  account jobs over $100,000  have been approved                                                               
by  the  chief  contracts  officers   and  that  they  have  been                                                               
sufficiently and adequately documented.                                                                                         
                                                                                                                                
10:20:01 AM                                                                                                                   
MS. DAVIDSON said she determined  that the force account projects                                                               
are in  compliance with  state and  federal laws  and regulations                                                               
governing force  account work. They  are also in  compliance with                                                               
the procurement  requirements for  the purchase of  materials and                                                               
the rental  of equipment.  A sample of  state employee  wages and                                                               
benefits was compared to prevailing  wages, typically referred to                                                               
as Davis Bacon  wages and she found that  individual positions do                                                               
vary,  but  overall  the  state  pay  and  prevailing  wages  are                                                               
generally equivalent.                                                                                                           
                                                                                                                                
10:21:31 AM                                                                                                                   
MS.  DAVIDSON  continued to  brief  the  committee on  the  audit                                                               
labeled  "Department  of  Transportation  and  Public  Facilities                                                               
Force Account Projects,  March 3, 2005, Audit  Control Number 25-                                                               
30019-05."                                                                                                                      
                                                                                                                                
10:36:33 AM                                                                                                                   
TERRY  FIKE,  President,  Associated General  Contractors  Alaska                                                               
(AGC), said  when a contractor bids  a job, he includes  the cost                                                               
of office and  field overheads and those costs  were missing from                                                               
the state's cost in  the audit. Those need to be  added in to the                                                               
costs of doing business.                                                                                                        
                                                                                                                                
MARK   O'BRIEN,   Chief    Contracts   Officer,   Department   of                                                               
Transportation and  Public Facilities  (DOTPF), said  home office                                                               
costs are  difficult for the  state to determine and  to allocate                                                               
to this program.                                                                                                                
                                                                                                                                
10:39:07 AM                                                                                                                   
MR. FIKE said that contracts put  in anywhere from 2 to 3 percent                                                               
for the home office.                                                                                                            
                                                                                                                                
MR.  O'BRIEN  commented that  it's  just  not  enough to  make  a                                                               
difference in terms of the total savings.                                                                                       
                                                                                                                                
10:41:41 AM                                                                                                                   
SENATOR COWDERY asked if engineers' estimates were ever off.                                                                    
                                                                                                                                
MR. O'BRIEN  replied that  engineers' estimates  have a  range of                                                               
error compared to  the actual cost of the job.  Some jobs will be                                                               
15 to  20 percent  under the  engineer's estimate  especially for                                                               
one that has a lot of competition.                                                                                              
                                                                                                                                
MR. FIKE  commented that engineer's estimates  are sometimes done                                                               
as much as a year in advance and market factors change.                                                                         
                                                                                                                                
10:44:29 AM                                                                                                                   
TONY JOHANSON, Great Northwest Inc.,  Fairbanks said his overhead                                                               
runs  six   to  seven   percent  because   he  doesn't   do  much                                                               
subcontracting.  Engineers'  estimates  are  generally  based  on                                                               
historical  figures and  the state's  estimates  don't take  into                                                               
consideration  job-specific concerns.  He  also  said that  state                                                               
force accounts result in a large amount of overtime.                                                                            
                                                                                                                                
10:49:05 AM                                                                                                                   
MR. O'BRIEN said he supports  the audit recommendation to look at                                                               
actuals at  the end  of the  project and  he will  implement that                                                               
immediately.                                                                                                                    
                                                                                                                                
10:50:24 AM                                                                                                                   
REPRESENTATIVE  ELKINS remarked  that the  recommendations impact                                                               
small contractors more than the larger ones.                                                                                    
                                                                                                                                
ROXANNA  MARSHAL, Acme  Fence Co.,  said she  is a  small company                                                               
that makes guardrails  and her overhead is more  like 18 percent.                                                               
She has  a foreman and a  yard to maintain. The  state often buys                                                               
guardrail from  her and  she has  to add  in overhead,  which the                                                               
state doesn't do  even though it has to pick  up the material and                                                               
store it. The  state also doesn't have to show  a profit and that                                                               
is unfair to her.                                                                                                               
                                                                                                                                
10:55:02 AM                                                                                                                   
REPRESENTATIVE THOMAS asked how many  jobs they are talking about                                                               
over a five-year period.                                                                                                        
                                                                                                                                
10:56:12 AM                                                                                                                   
MS. DAVIDSON replied that the  force account they were looking at                                                               
is a very small piece  of DOTPF's overall transportation programs                                                               
and it didn't appear that the  state hired extra people to do the                                                               
work.                                                                                                                           
                                                                                                                                
11:01:05 AM                                                                                                                   
SENATOR HUGGINS said he thought  some common factors needed to be                                                               
identified for an accurate comparison.                                                                                          
                                                                                                                                
11:02:07 AM                                                                                                                   
SENATOR COWDERY commented  that the state is about  $6 million in                                                               
the hole from retirement funds  and that private industry is more                                                               
efficient.                                                                                                                      
                                                                                                                                
11:07:53 AM                                                                                                                   
REPRESENTATIVE  ELKINS  asked  if   force  accounts  favor  large                                                               
companies versus smaller ones.                                                                                                  
                                                                                                                                
11:09:22 AM                                                                                                                   
MR.  O'BRIEN answered  that  it depends  on  a company's  bonding                                                               
capacity. If  the entire force  account program for  the northern                                                               
region  were put  out  as one  package, it  would  not favor  the                                                               
smaller contractors.  It probably comes  down to how the  work is                                                               
packaged. For  the smaller  discreet items  of work,  the smaller                                                               
contractors are affected.                                                                                                       
                                                                                                                                
11:09:55 AM                                                                                                                   
MR.  FIKE said  he doesn't  want to  be in  competition with  the                                                               
state.                                                                                                                          
                                                                                                                                
11:13:37 AM                                                                                                                   
SENATOR  HUGGINS  said  the  Legislature  put  hefty  bucks  into                                                               
projects this year.                                                                                                             
                                                                                                                                
11:14:19 AM                                                                                                                   
REPRESENTATIVE  THOMAS said  the  Community of  Haines needed  to                                                               
have  force accounts  to keep  people  working year-round.  Rural                                                               
needs are different than urban.                                                                                                 
                                                                                                                                
11:19:53 AM                                                                                                                   
DEBRA MASON, Thomas,  Head and Greisen, said the  concern is that                                                               
this  analysis  and  its  numbers   can't  be  used  to  buy  the                                                               
department more  equipment and justify  hiring more people  to do                                                               
force account work, because they don't contain the full cost.                                                                   
                                                                                                                                
11:20:13 AM                                                                                                                   
DENISE MICHAELS, Mayor  of Nome, said she is  also Vice President                                                               
of  Community  Services of  Kougarok  and  would testify  for  it                                                               
first.                                                                                                                          
                                                                                                                                
     We  feel, here  at Kougarok,  that local  force account                                                                    
     construction  works the  best  in our  region. We  just                                                                    
     hope   that   the   Senate   Transportation   Committee                                                                    
     continues to  support local force  account construction                                                                    
     in the  State of  Alaska and  that Kougarok  also works                                                                    
     with  the  Northern  Region Officer  here  on  projects                                                                    
     where we provide  a match to the STIP  - realizing that                                                                    
     some projects can  be done locally and some  do have to                                                                    
     be contracted out.                                                                                                         
                                                                                                                                
MS. MICHAELS said the City of  Nome also uses local force account                                                               
construction  with its  utilities  and the  City  of Nome  Public                                                               
Works.  It  has  a  collective   bargaining  agreement  with  the                                                               
Teamsters,  which  works  really   well.  Their  wages  are  very                                                               
comparable.                                                                                                                     
                                                                                                                                
SENATOR  HUGGINS asked  if she  was talking  about local  work or                                                               
state work.                                                                                                                     
                                                                                                                                
MS. MICHAELS replied both.                                                                                                      
                                                                                                                                
11:25:05 AM Recess 11:39:38 AM                                                                                              
                                                                                                                                
11:48:56 AM                                                                                                                   
KYLE  BROWN,  Discovery  Drilling,  Anchorage,  said  he  thought                                                               
progress was being  made on drilling issues. He  also thought the                                                               
role  of government  should be  police protection  and education,                                                               
not contracting.                                                                                                                
                                                                                                                                
11:59:58 AM                                                                                                                   
HAL  INGALLS, Denali  Drilling, said  both the  State Chamber  of                                                               
Commerce  and  the   Miners  Association  support  privatization.                                                               
Unions  are also  concerned about  government doing  construction                                                               
jobs.                                                                                                                           
                                                                                                                                
12:06:42 PM                                                                                                                   
REPRESENTATIVE THOMAS asked if the  smaller jobs are combined, at                                                               
what point does the job  become too large for smaller contractors                                                               
to bid on it.                                                                                                                   
                                                                                                                                
MR.  INGALLS  answered that  the  projects  could total  probably                                                               
around $5 million, but the bond market goes up and down.                                                                        
                                                                                                                                
REPRESENTATIVE THOMAS commented  that the Haines DOT  has to have                                                               
year-round work in order to maintain its crew.                                                                                  
                                                                                                                                
12:11:04 PM                                                                                                                   
REPRESENTATIVE   COWDERY  commented   that  in   his  experience,                                                               
obtaining bonding merely takes a lot of convincing and backing.                                                                 
                                                                                                                                
12:13:02 PM                                                                                                                   
DICK   CATTANAUCH,   Executive   Director,   Associated   General                                                               
Contractors  (AGC), said  privatization has  been a  priority for                                                               
the last  10 years. He  referenced comparison figures on  page 32                                                               
of  the audit  and said,  "If  the state  could do  it that  much                                                               
cheaper, then  they should  be doing it  all." He  suggested that                                                               
maybe the comparisons didn't really  compare the same things. For                                                               
a private  company fixed costs  continue, but the  variables need                                                               
to be  looked at. A  contractor has to  cover his salary  and all                                                               
the benefits, as well.                                                                                                          
                                                                                                                                
12:20:14 PM                                                                                                                   
SENATOR COWDERY said  when he worked with crews,  they worked for                                                               
eight or nine  months a year and the key  people stuck around for                                                               
the rest of the year getting ready for next year.                                                                               
                                                                                                                                
12:20:56 PM                                                                                                                   
FRANK RICHARDS,  State Maintenance Engineer, DOTPF,  referenced a                                                               
document called  "The Briefing on Force  Account Construction and                                                               
Geotechnical Drilling" for  some of his testimony.  Last year, he                                                               
said  the  Governor challenged  the  department  to look  at  its                                                               
equipment  fleet  and  determine  what is  the  right  amount  of                                                               
vehicles to  have as a  state government. It was  determined that                                                               
the fleet needs to be reduced by 10 percent.                                                                                    
                                                                                                                                
12:22:25 PM                                                                                                                   
SENATOR  COWDERY asked  if that  referred to  value or  number of                                                               
vehicles.                                                                                                                       
                                                                                                                                
MR.  RICHARDS  replied  number  and  snow  removal  equipment  is                                                               
exempted. He talked about renting equipment when needed.                                                                        
                                                                                                                                
12:24:23 PM                                                                                                                   
CHAIR  HUGGINS said  he  needed  to make  sure  that renting  the                                                               
equipment  is reasonable  if the  rental company  won't rent  the                                                               
equipment without an operator.                                                                                                  
                                                                                                                                
MR. RICHARDS  said the department  is concerned about the  use of                                                               
overtime and has put parameters in place so that it is limited.                                                                 
                                                                                                                                
12:26:23 PM                                                                                                                   
CHAIR HUGGINS asked  if the state can't give comp  time, but must                                                               
pay overtime.                                                                                                                   
                                                                                                                                
MR.  RICHARDS replied  that  it  has to  do  with the  bargaining                                                               
contract  one is  working under.  Under  the operators  contract,                                                               
Local 71,  work done  in overtime  must be  paid at  the overtime                                                               
rate.  About  10 percent of their operating  budget is contracted                                                               
out  for routine  activities. In  many instances  they are  small                                                               
contracts.                                                                                                                      
                                                                                                                                
MR.  RICHARDS   said  that  maintenance  of   newly  built  DOTPF                                                               
facilities  is  placing a  burden  on  the department  and  force                                                               
account practices with  federal highway funds allow  the state to                                                               
fill the  gap by  contracting to  a great  extent. He  uses state                                                               
forces  for small  jobs where  it's beneficial  to provide  for a                                                               
safe transportation system and good  drainage. The force accounts                                                               
are  just  small  slivers  of  the  department's  projected  $800                                                               
million  2005 budget  - about  two percent  of its  total capital                                                               
program.                                                                                                                        
                                                                                                                                
12:32:46 PM                                                                                                                   
MR. RICHARDS  said he let a  contract for roadwork on  the Alaska                                                               
Highway between  Northway and the  border to compare  private and                                                               
public sector on  like work. Originally, it was going  to be done                                                               
by the  state that estimated  it at  $1.2 million. The  bids were                                                               
received yesterday;  there was  one contractor,  Great Northwest,                                                               
and it came in at $1.43 million.                                                                                                
                                                                                                                                
12:33:49 PM                                                                                                                   
SENATOR  COWDERY  asked if  he  would  have  to comply  with  the                                                               
bonding requirement.                                                                                                            
                                                                                                                                
MR. RICHARDSON  replied yes. He also  reiterated that accountants                                                               
have been brought in to  distinguish cost details between AGC and                                                               
the department, because they work so closely.                                                                                   
                                                                                                                                
12:38:14 PM                                                                                                                   
WALTON  SMITH, former  City Manager  for St.  Mary's, said  he is                                                               
currently  working   in  Anchorage   for  a   for-profit  private                                                               
contractor. He was  very supportive of force account  work in the                                                               
Bush. He  related how he  advocated for  a force account  road at                                                               
St. Mary's for  two years before the decision was  made to do it.                                                               
He said  the project was  successful and he can  demonstrate that                                                               
it  had a  horrendously good  impact  on the  local economy.  The                                                               
previous  three  years  of  fishing  had been  poor  and  when  a                                                               
majority of the  work was done, there were  no commercial fishing                                                               
openings. At the  same time that other  villages were complaining                                                               
about no money  and no revenues, etc. more sales  taxes were paid                                                               
than  ever before.  People  who had  gotten  delinquent paid  off                                                               
their bills  for water and  sewer. The alternative to  doing that                                                               
would  have  been  laying  off   people,  reducing  services  and                                                               
probably the city being delinquent in bill paying.                                                                              
                                                                                                                                
MR. SMITH  said that  a $300,000  boardwalk job,  if it  had been                                                               
contracted out, would have cost  $500,000 to $600,000. It's not a                                                               
matter of efficiency, but rather  the extra costs associated with                                                               
mobilization and  demobilization, especially  in rural  areas. He                                                               
really  felt that  the efficiencies  they are  talking about  are                                                               
quite different.   Bush Alaska  is analogous to development  in a                                                               
third world country.  He also mentioned that he trained  a lot of                                                               
people in  the trades who  were able to  move on to  private jobs                                                               
and  this is  one  of the  entry points  for  development of  the                                                               
Alaska workforce that will work  on the next development push. He                                                               
was discouraged  because he  couldn't match  the pay  his workers                                                               
could get in the private sector.                                                                                                
                                                                                                                                
He summarized that  they can eventually find out  that one system                                                               
works better than the other or  maybe that they are equal, but he                                                               
thought it was a nickel  dime-issue. Philosophically, in the Bush                                                               
economy,  they  are  talking   about  economic  development,  the                                                               
ability  to train  people, to  raise the  standard of  living, to                                                               
export people into the urban  market and probably to increase the                                                               
quantity and quality  of the workforce in Alaska. He  said he did                                                               
it at a lower cost and thought it  could continue to be done at a                                                               
lower  cost. He  also thought  that limiting  contracts to  above                                                               
$200,000 could make development  in the Bush become prohibitively                                                               
expensive. He related that DOTPF  had special training funds that                                                               
he used when he was city manager to train people.                                                                               
                                                                                                                                
12:52:14 PM                                                                                                                   
DAVE  TRANTHAM, Bethel  City Council,  asked  the Legislature  to                                                               
continue  supporting  force  accounting.  It  helps  build  local                                                               
economy, provides  training and education and  builds a workforce                                                               
for the future in the Bush.                                                                                                     
                                                                                                                                
12:57:29 PM                                                                                                                   
DAN SALMON, Iliamna Lake Contractors,  had great concern with the                                                               
fact the  number of force  accounts is very insignificant  and he                                                               
questioned whether the  state had an equivalent  level of bonding                                                               
and  productivity compared  to the  private  sector. He  realized                                                               
that the  state has  different policies that  somehow have  to be                                                               
factored into comparisons.                                                                                                      
                                                                                                                                
He  described the  Pile Bay  Road incident,  which turned  into a                                                               
disaster  when a  sole  source  contract was  farmed  out to  the                                                               
largest  company in  the state,  but it  was 40  miles away  from                                                               
Iliamna.  The  project  didn't   provide  any  jobs  for  Iliamna                                                               
residents who had  terrible fishing year. Many of  the people who                                                               
worked on the project were from out  of state. He was told to not                                                               
worry about  it because it was  only a  $250,000  project, but he                                                               
found out later that ran well over $1 million.                                                                                  
                                                                                                                                
     It's  difficult to  get Denali  training  funds, get  a                                                                    
     workforce, have  local people  involved when  you can't                                                                    
     even bid on a contract.  Now I understand that possible                                                                    
     improvements to  that road may  be being  considered to                                                                    
     be  done  force account  by  state  employees. If  that                                                                    
     happens,  and it's  determined that  we're rural...  we                                                                    
     might not be included on  that bidding, as well, and we                                                                    
     may  sit,  again,  in  the  Iliamna  region  unable  to                                                                    
     contract. When I  was able to bid on a  project, I beat                                                                    
     out  four   other  contractors  and  rebuilt   the  BLM                                                                    
     airstrip in Anchorage....                                                                                                  
                                                                                                                                
He  suggested  using an  on-line  auction  to  get rid  of  state                                                               
equipment.                                                                                                                      
                                                                                                                                
1:04:25 PM                                                                                                                    
JOHN PERSELL, City Manager, City  of St. Mary's, supported Walton                                                               
Smith's testimony  in support of  continued use of  force account                                                               
projects.  He  also  fully  agreed  with  Mr.  Salmon's  comments                                                               
saying,  "In many  ways force  accounting is  the life  blood for                                                               
economic  development and  improvement  of the  economic base  of                                                               
rural Alaska Bush communities."                                                                                                 
                                                                                                                                
1:10:11 PM                                                                                                                    
MR. SALMON asked what mechanism the  DOTPF would use to decide if                                                               
a project  is rural or not.  He urged the committee  to make sure                                                               
the private sector isn't excluded  by whatever process is decided                                                               
upon.                                                                                                                           
                                                                                                                                
1:14:38 PM Recess 1:30:45 PM                                                                                                
                                                                                                                                
SENATOR  COWDERY   and  TED  POPELY,  Senate   Majority  Counsel,                                                               
discussed privatization  in Canada. Civil liability  issues would                                                               
have to be looked at closely.                                                                                                   
                                                                                                                                
1:37:23 PM                                                                                                                    
DAN  DOYLE, Deputy  Minister of  Transportation for  the Canadian                                                               
Province of British  Columbia (BC). He said  British Columbia had                                                               
over 8,000  employees in its  Ministry of Transportation  when he                                                               
first started and today there are  around 1,100. He uses lump sum                                                               
contracts that are performance based.                                                                                           
                                                                                                                                
SENATOR COWDERY asked  him what his biggest obstacle  was and how                                                               
did the unions feel about it.                                                                                                   
                                                                                                                                
MR. DOYLE  replied that the  unions objected  at first and  had a                                                               
two-week strike, but  since then, because the  employees who went                                                               
over to the contractors kept their  union, it hasn't been much of                                                               
an  issue.  Some  contractors  deunionized  and  they  have  been                                                               
successful, as well.  The first contracts that were  let were for                                                               
three years  in 1988 and  about a  year ago another  contract was                                                               
let for  10 years. That is  so the investment in  equipment could                                                               
be amortized and  the province gets a much better  value over the                                                               
long-term on that.                                                                                                              
                                                                                                                                
MR. CATTANAUCH asked if the  10-year contract has any adjustments                                                               
for inflation  or if the contractor  is totally at risk  for cost                                                               
overruns.                                                                                                                       
                                                                                                                                
MR. DOYLE  replied that they have  a COLA clause, which  is based                                                               
on something like the non-residential  construction index for the                                                               
greater Vancouver area.                                                                                                         
                                                                                                                                
MR. CATTANAUCH  asked if  a contractor's risk  is related  to the                                                               
amount of snow in the winter and maintenance in the off-season.                                                                 
                                                                                                                                
MR. DOYLE  replied that is  right and added that  road conditions                                                               
must be kept to a certain standard.                                                                                             
                                                                                                                                
MR.   CATTANAUCH  asked   if  resurfacing   the   roads  is   his                                                               
responsibility or is that contracted.                                                                                           
                                                                                                                                
MR. DOYLE  replied that the department  kept that responsibility,                                                               
but didn't guarantee  the contractor that they would  keep to any                                                               
schedule  since that  depends on  voter approval  and legislative                                                               
appropriation.                                                                                                                  
                                                                                                                                
MR.  CATTANAUCH said  Alaska has  problem with  signing long-term                                                               
contracts  that commit  the state  to a  certain amount  of money                                                               
over a  period of time  and asked if  he has anything  similar to                                                               
that in BC.                                                                                                                     
                                                                                                                                
MR. DOYLE  replied that  the government looked  long and  hard at                                                               
the 10-year proposals,  but it made economic sense  and they made                                                               
a substantial savings by going to longer-term contracts.                                                                        
                                                                                                                                
MR. CATTANAUCH asked if there was a lot of competition.                                                                         
                                                                                                                                
MR. DOYLE  replied that since 1988,  they have had three  or four                                                               
rebids and  have found that there  is a huge change  out in which                                                               
contractor has  which area.  The province is  divided up  into 26                                                               
areas.  The competition  comes  from that  rather  than from  new                                                               
entrants into  the field.  They haven't  been that  successful at                                                               
promoting competition.                                                                                                          
                                                                                                                                
MR. CATTANAUCH asked how many contractors are doing the work.                                                                   
                                                                                                                                
MR. DOYLE  replied about 15  contractors. Any one  contractor can                                                               
have up to four areas.                                                                                                          
                                                                                                                                
REPRESENTATIVE  ELKINS wanted  to  know more  about the  Canadian                                                               
ferry system.                                                                                                                   
                                                                                                                                
1:45:23 PM                                                                                                                    
MR.  DOYLE  explained there  are  two  ferry systems  in  British                                                               
Columbia -  one is an  inland system  that runs across  lakes and                                                               
rivers  in the  Interior and  the other  is the  British Columbia                                                               
Ferry system  that is a  corporation that runs along  the coastal                                                               
routes. About two  years ago the government wanted it  run like a                                                               
private business.  The challenge  that corporation had  over time                                                               
was that every time the fares  needed to be increased it became a                                                               
government decision. It  is now a regulated  business operated by                                                               
the private sector.  Right now the government has  the only share                                                               
in the  company, but it operates  with a private sector  board of                                                               
directors.  Significant  changes  were   made  including  in  its                                                               
procurement  policy.  It  is  now   procuring  on  the  basis  of                                                               
worldwide competition,  which caused a  lot of problems  to begin                                                               
with  from local  shipyards, but  now they  are sharpening  their                                                               
pencils and  becoming more competitive.  The service  levels have                                                               
been great.                                                                                                                     
                                                                                                                                
REPRESENTATIVE GATTO asked how non-performance is handled.                                                                      
                                                                                                                                
MR.  DOYLE replied  that  warning systems  are  built into  their                                                               
contracts ranging  from going  out to do  the work  themselves to                                                               
dismissing  the contractor.  Since  1988,  four contractors  were                                                               
replaced in the  middle of winter and still the  roads were still                                                               
kept  open.  They have  survived  each  and  every one  of  those                                                               
situations   by   having   contingency  plans   and   well-bonded                                                               
contractors.                                                                                                                    
                                                                                                                                
1:48:22 PM                                                                                                                    
SENATOR HUGGINS  asked how his  initial analysis of  cost savings                                                               
compared to how it actually turned out.                                                                                         
                                                                                                                                
MR. DOYLE replied that he wasn't  part of the government when the                                                               
decision  to  privatize  was implemented.  There  was  a  general                                                               
sense, without a lot of due  diligence, that it would save money.                                                               
The  government in  1991 changed  to  anti-privatization and  its                                                               
analysis showed  that it would  cost more.  But it is  doing very                                                               
well  now and  enough  competition has  been  engendered to  keep                                                               
prices reasonable.                                                                                                              
                                                                                                                                
SENATOR  HUGGINS asked  if  there were  categories  where it  was                                                               
thought money could be saved, but it didn't work out that way.                                                                  
                                                                                                                                
MR.  DOYLE answered  that privatizing  part  of their  electrical                                                               
system - streetlights  and traffic lights - didn't  work out that                                                               
well.  A  better  model  was  determined  through  financial  due                                                               
diligence and that  system is now back in the  private sector and                                                               
doing well.                                                                                                                     
                                                                                                                                
SENATOR  HUGGINS   asked  what  happens  when   a  contractor  is                                                               
dismissed.                                                                                                                      
                                                                                                                                
MR.  DOYLE  replied  that  at   first  the  government  kept  the                                                               
equipment it already  owned and leased it to  the contractors who                                                               
were obliged  to take the lease  on it. After realizing  that the                                                               
process was working well, they  let the contractors buy their own                                                               
equipment.  If a  contractor  is  "turffed" in  the  middle of  a                                                               
contract  because of  financial  difficulties, he  is willing  to                                                               
sign a  deal with the person  who is taking over.  The person who                                                               
is  taking over  generally gets  a good  deal, because  the other                                                               
contractor needs the money. For  perspective he said his province                                                               
does $350 million to $400 million CA per year in this business.                                                                 
                                                                                                                                
SENATOR  HUGGINS asked  how he  dealt with  government cycles  in                                                               
terms of one regime supporting privatization and the next not.                                                                  
                                                                                                                                
MR. DOYLE  replied that to  some extent  they dealt with  that by                                                               
not having  contracts at  election time.  The regime  that didn't                                                               
believe  in  it  at  first  has  said  it  is  staying  with  the                                                               
privatized model after examining it.                                                                                            
                                                                                                                                
1:53:41 PM                                                                                                                    
MR.  RICHARDS asked  if  the contractor's  level  of service  has                                                               
increased as they gain experience.                                                                                              
                                                                                                                                
MR.  DOYLE replied,  in his  opinion,  roads are  in much  better                                                               
shape. Finally they have maintenance  standards and programs that                                                               
insure roads  are rehabilitated at  the right  times. Contractors                                                               
have  been  very  good  about   meeting  the  standards.  Another                                                               
important policy that was established  in 1988 said the employees                                                               
had to  go with the contractors,  because it was their  view that                                                               
the employees were  the ones who knew how to  maintain the roads.                                                               
That's one of the wisest things they have done.                                                                                 
                                                                                                                                
MR. RICHARDS  said other provinces  and other countries  that are                                                               
migrating  towards  privatization  are  coming  up  with  various                                                               
levels  of cost  savings.  He  asked what  savings  the BC  model                                                               
projected.                                                                                                                      
                                                                                                                                
MR. DOYLE  replied the only  empirical data  he had was  from the                                                               
1991 administration  and the  lawyer for  the union  that opposed                                                               
the privatization  became the commissioner to  examine the issue.                                                               
They are back to 1996  prices without reducing the standards. The                                                               
10-year contracts helped that.                                                                                                  
                                                                                                                                
MR. RICHARDS said  other governments have said  it's important to                                                               
know  what assets  you have  and  their condition  so you're  not                                                               
going  to ask  the contractor  to perform  at a  higher level  of                                                               
service than money is buying now.                                                                                               
                                                                                                                                
MR. DOYLE responded  that is really good advice. He  did not want                                                               
to build a contract without enough  money to perform and that has                                                               
been achieved.                                                                                                                  
                                                                                                                                
2:00:04 PM                                                                                                                    
SENATOR HUGGINS asked  him to describe how their  design work and                                                               
quality control changed when they privatized.                                                                                   
                                                                                                                                
MR. DOYLE  explained that the  department had been  moving toward                                                               
private design work  for the highway system since  the 1980s. For                                                               
a  long  time, it  was  quasi-private  in  the sense  that  their                                                               
engineers  lived  with  the  consultants and  took  most  of  the                                                               
responsibility  for  whatever   was  happening.  The  consultants                                                               
didn't have to pay for their errors,  but in 1988 they moved to a                                                               
quality  management  system.  That  was  a  major  change.  Every                                                               
consultant gets  evaluated at the  end of his  design assignment.                                                               
If they don't do well, they drop on the list or get taken off.                                                                  
                                                                                                                                
2:01:40 PM                                                                                                                    
SENATOR  COWDERY  asked if  his  engineers  went to  the  private                                                               
sector when BC privatized.                                                                                                      
                                                                                                                                
MR.  DOYLE  replied that  the  privatization  of design  happened                                                               
slowly enough that  people were able to go back  and forth. A lot                                                               
of road  bridge managers went  to work for the  private companies                                                               
in  1988,  which  is  another   reason  it  was  successful.  The                                                               
government also allowed for  employee-owned companies to operate.                                                               
Ten out of the 26 areas  are run by employee-owned companies that                                                               
were given  a five-percent advantage  over everybody else  in the                                                               
bidding  process.  That helped  with  the  transition. All  those                                                               
companies are  still operating  and have been  on an  equal basis                                                               
with other companies in the private sector since 1991.                                                                          
                                                                                                                                
2:02:59 PM                                                                                                                    
MR.  BROWN, Discovery  Drilling,  asked  if BC  was  a leader  in                                                               
Canada in terms of privatization in other provinces.                                                                            
                                                                                                                                
MR. DOYLE  replied that BC  has been  a leader. Alberta  moved to                                                               
unit price  contracts, but the  vast majority of  provinces still                                                               
do their own road maintenance.                                                                                                  
                                                                                                                                
SENATOR COWDERY  asked if lump  sum snow removal  included design                                                               
and engineering of new projects year round.                                                                                     
                                                                                                                                
MR. DOYLE  replied that  they let a  year-round contract  for the                                                               
maintenance, but it doesn't have all the design.                                                                                
                                                                                                                                
REPRESENTATIVE   THOMAS   asked   if   they   use   all-inclusive                                                               
contracting.                                                                                                                    
                                                                                                                                
MR. DOYLE replied that they hadn't  gone that far, yet. He wanted                                                               
to learn from other jurisdictions that had done it first.                                                                       
                                                                                                                                
MR. THOMAS if they have separate contracts for landslides.                                                                      
                                                                                                                                
MR. DOYLE  replied that contractors  are responsible  for keeping                                                               
culverts clean  so the  roads don't  wash out,  but they  are not                                                               
expected to  take care  of the big  landslides and  washouts. The                                                               
ministry  has carefully  considered this  matter so  it gets  the                                                               
best value for its money overall.                                                                                               
                                                                                                                                
2:08:04 PM                                                                                                                    
REPRESENTATIVE  GATTO  asked if  their  funding  is dependent  on                                                               
federal dollars.                                                                                                                
                                                                                                                                
MR. DOYLE  replied that the  federal government gives  them money                                                               
for maintenance and rehabilitation.                                                                                             
                                                                                                                                
2:08:38 PM                                                                                                                    
CHAIR  HUGGINS asked  if the  ministry has  to reallocate  monies                                                               
when avalanches occur.                                                                                                          
                                                                                                                                
MR. DOYLE answered  that the department goes into  each year with                                                               
a  contingency  fund of  $10  million  to  $20 million.  If  more                                                               
funding  is  needed,  that  would   come  out  of  their  capital                                                               
projects.                                                                                                                       
                                                                                                                                
MR. CATTANAUCH asked what functions  of design and maintenance do                                                               
the department's 1,100 employees have.                                                                                          
                                                                                                                                
MR.  DOYLE replied  quality assurance  and  control of  products.                                                               
Other   than  looking   after  the   highway  system,   they  are                                                               
responsible for transportation policy  from ports to airlines and                                                               
trucking. The vast majority are involved in quality control.                                                                    
                                                                                                                                
MR. CATTANAUCH asked if most of  their design work is done in the                                                               
private sector.                                                                                                                 
                                                                                                                                
2:11:01 PM                                                                                                                    
MR. DOYLE replied that it's close to 90 percent.                                                                                
                                                                                                                                
SENATOR COWDERY asked if the  big seaports and airports are under                                                               
DOT.                                                                                                                            
                                                                                                                                
MR.  DOYLE   replied  that  the   big  seaports  are   under  the                                                               
jurisdiction   of  Ottawa   and   airports   have  largely   been                                                               
privatized.  The  department  also   has  a  substantial  capital                                                               
program of $10  billion over 10 years and that  requires a lot of                                                               
management.                                                                                                                     
                                                                                                                                
2:12:53 PM                                                                                                                    
SENATOR  THERRIAULT  asked  if   snow  removal  contractors  have                                                               
secondary insurance to handle an excessively heavy snow year.                                                                   
                                                                                                                                
MR.  DOYLE  replied that  they  don't  get extra  insurance.  The                                                               
people in  this business are very  experienced at it and  seem to                                                               
do just fine.                                                                                                                   
                                                                                                                                
2:13:50 PM                                                                                                                    
SENATOR  THERRIAULT asked  if  it  is up  to  the contractors  to                                                               
secure snow dumps.                                                                                                              
                                                                                                                                
MR. DOYLE replied that they let the contractors do that.                                                                        
                                                                                                                                
2:14:24 PM                                                                                                                    
SENATOR COWDERY asked how big Prince George is.                                                                                 
                                                                                                                                
MR. DOYLE replied  that the contracts are generally  in the 2,000                                                               
to 3,500 lineal miles of road.                                                                                                  
                                                                                                                                
SENATOR COWDERY asked where the BC funding for roads comes from.                                                                
                                                                                                                                
MR. DOYLE  replied that  BC has  a dedicated  fuel tax  that goes                                                               
straight into the department's coffers  and about $700 million is                                                               
collected annually.                                                                                                             
                                                                                                                                
MR.  POPELY  said  that  critics   of  privatization  in  highway                                                               
maintenance  facilities  often  point  to other  areas  where  it                                                               
hasn't been  as successful as  in BC.  He asked what  his general                                                               
advice to the  committee is on major pitfalls to  avoid in moving                                                               
Alaska towards privatization of its highway contracts.                                                                          
                                                                                                                                
2:17:11 PM                                                                                                                    
MR.  DOYLE  replied  that  early on  there  was  a  philosophical                                                               
disagreement  with  a lot  of  citizens  over  the concept  of  a                                                               
government service being provided by  the private sector. The one                                                               
thing they guaranteed  to the citizens was the  quality and level                                                               
of service.  They spent a lot  of energy early on  clarifying and                                                               
enforcing it. They made sure  that the contractors knew that they                                                               
would  be the  front desk  for citizens'  concerns so  they could                                                               
follow up. The ministry would be checking in the background.                                                                    
                                                                                                                                
Secondly, they were  very careful early on to  show citizens they                                                               
were getting quality roads based on  the premise that you have to                                                               
prove  that it  works by  showing  people the  facts. He  thought                                                               
having  "before and  after"  business cases  would  help in  that                                                               
regard. He said  the road service is markedly better  now than it                                                               
was before privatization.                                                                                                       
                                                                                                                                
2:19:26 PM                                                                                                                    
SENATOR COWDERY asked how the election went after privatization.                                                                
                                                                                                                                
MR. DOYLE replied that it wasn't an issue in the election.                                                                      
                                                                                                                                
2:20:01 PM                                                                                                                    
SENATOR HUGGINS thanked him and others for their testimony and                                                                  
adjourned the meeting at 2:28:36 PM.                                                                                          

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