The tables in this appendix contain blank cells, which indicate no responses for survey respondents. Additionally, the responses to all open-ended questions are contained verbatim in Chapter 3.


| Question 9-Number of PDB projects awarded? | Question 10-Number of successfully negotiated CMGC work packages or mini-contracts awarded? | |
|---|---|---|
| State DOT | Number | Number |
| Arkansas | 1 | 1 |
| Caltrans | 0 | Numberless |
| Colorado | 0 | 130+ |
| Delaware | 0 | 5 |
| Florida | 2 | 1 |
| Georgia | 0 | 0 |
| Idaho | 0 | |
| Illinois | Nothing yet. | Nothing just yet. |
| Kansas | 1 | 0 |
| Kentucky | 4 | 0 |
| Louisiana | 0 | |
| Maine | 0 | 10 |
| Maryland | 1 | 5 |
| Michigan | First PDB contract award is in process | 25-30 |
| Minnesota | 0 | 16 |
| Montana | 0 | 8 |
| North Carolina | 0 | 50 |
| Nebraska | 0 | 0 |
| Oregon | 1 | 0 |
| Ohio | 3 | 0 |
| Rhode Island | 0 | 1 |
| Tennessee | 0 | 5 |
| Utah | 5 | 50 |
| Virginia | 1 | 0 |
| Vermont | 0 | 7 |
| Washington State | 2 | 2 |




| Question 19-Motivations for selecting to negotiate rather than fix the construction cost prior to awarding the construction or DB contract. | |
|---|---|
| State DOT | Motivation |
| Arkansas | Construction complexity |
| Colorado | Collaboration on the pre-construction mitigates errors and omission changes during construction, resulting in a more accurate representation of the scope. Which provides opportunity for a higher initial cost but lower final cost. |
| Illinois | More flexibility with delivery options, with scopes and comfort levels. |
| Minnesota | The motivation is typically tied to budget/cost certainty and risk. Some projects have risks, both threats and opportunities, that are difficult to define and properly allocate w/o collaborating with industry partners before establishing a price. And some projects have budget/fiscal constraints that make negotiating costs based on informed decision-making highly beneficial to the project’s success. |
| Ohio | Risk sharing and new technologies are the main reason Ohio DOT is pursuing PDB as small pilot projects. |
| Rhode Island | none |
| Utah | In certain context nearly all of the items mentioned in item 18 could make a negotiated price approach an attractive approach to project delivery. |

| Question 21-Approach to determining what items will be negotiated after awarding the CMGC or PDB contract. | |
|---|---|
| State DOT | Approach |
| Colorado | We often challenge means and methods to ensure we are only including essential scope and not scope of convenience. |
| Minnesota | My agency does not use PDB so my answers to question 20 apply to CM/GC only. And my answers represent what MnDOT currently does, not what could be done. For instance, MnDOT defines in the CM/GC RFP a fair/reasonable construction services fee, represented as a markup, for profit and home office overhead. MnDOT doesn’t have to do that, but we’ve found that defining this markup has minimized contractor gamesmanship that we’ve found to be counterproductive to reaching agreement on a fair and reasonable price. |
| Rhode Island | none |
| Utah | Everything is negotiable but quantities and home office overhead are objective enough to not require negotiation. |
| Washington State | Other than commercial terms, mostly anything could be negotiated if it has a significant bearing on the cost. |




| Question 29-Agency’s approach to determining profit in open-book negotiations. | |
|---|---|
| State DOT | Approach |
| Arkansas | Should be Fair Market Value; is typically in 12-13% range. |
| Colorado | See comments for Construction services fee. |
| Michigan | A percentage is discussed and negotiated at each milestone. At final negotiation, the ICE provides the owner with a recommended profit based on all elements of the cost model (risk, contingency, etc.). Final negotiations are based lump sum for total project cost. |
| Minnesota | MnDOT specifies a markup for profit in the CM/GC RFP. This markup applies to the negotiated construction price, which for MnDOT CM/GC contracts typically consists of standard MnDOT bid items paid for based on unit prices and quantities established by the project team (designer, contractor, MnDOT) during the project’s design development. This markup for profit should not be confused with margin or a guaranteed profit. |
| Ohio | Overhead and Profit are competitively bid at a range between 8% to 16%. |
| Rhode Island | rolled into construction services fee |
| Utah | Same as before. |
| Washington State | This is the only competed cost item in the RFP between the shortlisted teams. However, if the selected team’s percentage is too high, WSDOT has the ability to negotiate or move to the second highest proposer prior to award. |

| Question 32-How does your agency handle the establishment of design costs in a PDB project? | Question 33-If you chose other in the previous question, please explain how your agency handles the establishment of contingencies in a CMGC or PDB project below. | |||||||
|---|---|---|---|---|---|---|---|---|
| State DOT | Negotiated single lump sum contingency controlled by the agency in the GMP | Negotiated single percentage contingency controlled by the agency in the GMP | No response | Other | Separately negotiated agency and contractor contingencies in the GMP | Separately negotiated agency and contractor contingencies: contractor contingency in the GMP and agency contingency outside the GMP | The agency holds the project contingency outside the GMP | |
| Arkansas | ✓ | |||||||
| Colorado | ✓ | ✓ | ||||||
| Delaware | ✓ | For standard unit of measure pay items, we pay actual quantities, so a separate contingency to cover any overruns is established and held by the owner. For other types of risks, we develop a risk register with risks, costs, triggers, and mitigation measures that is included in the contract. The contractor gets paid only if the risks are triggered. | ||||||
| Florida | ✓ | |||||||
| Kansas | ✓ | |||||||
| Maine | ✓ | |||||||
| Maryland | ✓ | As a policy we do not have project specific contingencies. | ||||||
| Michigan | ✓ | ✓ | ✓ | Contract price includes a GMP and additional unit price items outside of the GMP that are anticipated. Additional contingency items may be negotiated during preconstruction that are added after contract award via change order. Final contract price includes GMP, plus unit-price items based on final quantities, plus any contingency items added via change order. | ||||
| Minnesota | ✓ | ✓ | Contractor includes contingency in their bid for risks allocated to them. MnDOT and contractor discuss these risks and the contractor provides assessments, including cost, of these risks during the project’s pre-construction phase. Risks that are allocated to MnDOT are part of an owner-controlled contingency that is carried outside the contractor’s bid. | |||||
| Montana | ✓ | |||||||
| North Carolina | ✓ | We use the risk register to establish costs. | ||||||
| Nebraska | ✓ | ✓ | ||||||
| Ohio | ✓ | |||||||
| Rhode Island | ✓ | |||||||
| Tennessee | ✓ | |||||||
| Utah | ✓ | The total lump sum amount is built up from distinct negotiated items. | ||||||
| Virginia | ✓ | |||||||
| Vermont | ✓ | |||||||
| Washington State | ✓ | ✓ | Contingencies are evaluated both for GMP and Lump Sum. In GMP, contingencies are controlled by Design-Builder but savings are shared. In lump sum, DB owns all agreed upon risks and contingencies. WSDOT owns any uncontrollable/Differing Sites or any other agreed upon risks. | |||||


| Question 39-Please check all of the those activities covered by the ICE’s contract below. | ||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| State DOT | AR | CA | CO | DE | FL | GA | IL | IN | KS | KY | ME | MD | MI | MN | MT | NC | OR | TN | UT | VA | VT | WA |
| Assist during price negotiations | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| Assist in value engineering analysis | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | |||||||||||||
| Identifying and managing risks | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | |||
| Constructability reviews | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | |||||||||||||
| Conform quantities of work | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | |||||||
| Coordinate with the contractor | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ||||||||
| Develop scope, schedule, and budget. | ✓ | ✓ | ||||||||||||||||||||
| Attend design/preconstruction meetings | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ||||
| Prepare a competing bid | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ||||||||||
| Independent schedule. | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | |||||||
| Produce independent OPCCs | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| ICE deliverables per precon schedule. | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ||||
| Financial management services | ✓ | |||||||||||||||||||||
| Develop alternative approaches | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ||||||
| Provide negotiation support | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ||||||||||
| Production-based contractor-style estimates | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| Provide risk management support | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ||||||||||
| Discuss assumptions | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ||
| Solicit quotes. | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | |||||||||||
| Validate contractor-developed cost model. | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ||||||
| Question 40-Agency’s approach to employing an ICE in CMGC and PDB projects. | |
|---|---|
| State DOT | Approach |
| Caltrans | ICE occasionally solicits quotes for some critical elements of the work to independently validate the cost. |
| Utah | The ICE plays a critical role in the successful negotiation of the construction price. |

| Question 43,44-Does your agency have a mandated percentage variation of the proposed GMP from the ICE or state’s estimate that must be met to award the construction? | |||
|---|---|---|---|
| State DOT | Yes | No | If yes, what is the percentage? |
| Arkansas | ✓ | 10% | |
| California | ✓ | The percentage variation is not mandated, but based on engineering judgement. | |
| Colorado | ✓ | 2%-10% | |
| Delaware | ✓ | Generally 5% | |
| Florida | ✓ | ||
| Georgia | ✓ | 10% | |
| Illinois | ✓ | ||
| Indiana | ✓ | ||
| Kansas | ✓ | 2 | |
| Kentucky | ✓ | ||
| Maine | ✓ | ||
| Maryland | ✓ | ||
| Michigan | ✓ | 10% | |
| Minnesota | ✓ | ||
| Montana | ✓ | ||
| North Carolina | ✓ | roughly 10% | |
| Nebraska | ✓ | 5 | |
| Oregon | ✓ | ||
| Ohio | ✓ | ||
| Rhode Island | ✓ | ||
| Tennessee | ✓ | 10% | |
| Utah | ✓ | Less than 10% | |
| Virginia | ✓ | ||
| Vermont | ✓ | 10% | |
| Washington State | ✓ | ||


| Question 49-Which of the following were “trigger points” for exercising the off-ramp in your CMGC and PDB contracts? | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| State DOT | Inability to agree on pricing, production rates, means and methods, and other elements of the GMP direct costs | Contractor’s price exceeds an allowable range from the ICE’s Estimate | Contractor’s price exceeds available funding | Failure to achieve required percentage of difference after a specified number of attempts | Inability to acquire required right of way in a timely manner to support the contractor’s proposed schedule | Inability to comply with federal mandates imposed by the Buy America Act, Americans with Disabilities Act, etc. within the contract period | Evidence of bad faith during GMP negotiations | Other | Scope of work is increased due to unforeseen events such as changed legislation, tighter environmental constraints, failure to consummate third-party agreements with railroads, utilities, etc | Contractor’s proposed schedule exceeds the project’s required delivery date due to material and/or labor | Contractor’s price exceeds an allowable range from the Engineer’s Estimate |
| Arkansas | ✓ | ✓ | |||||||||
| Caltrans | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ||||
| Delaware | ✓ | ||||||||||
| Illinois | ✓ | ✓ | |||||||||
| Kansas | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ||||
| Kentucky | ✓ | ||||||||||
| Maine | ✓ | ||||||||||
| Maryland | ✓ | ✓ | |||||||||
| Michigan | ✓ | ✓ | ✓ | ||||||||
| Minnesota | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ||||
| Montana | ✓ | ✓ | ✓ | ✓ | |||||||
| Nebraska | ✓ | ✓ | ✓ | ✓ | ✓ | ||||||
| Oregon | ✓ | ✓ | ✓ | ✓ | ✓ | ||||||
| Ohio | ✓ | ✓ | ✓ | ✓ | ✓ | ||||||
| Tennessee | ✓ | ✓ | ✓ | ✓ | ✓ | ||||||
| Utah | ✓ | ||||||||||
| Virginia | ✓ | ✓ | ✓ | ✓ | |||||||
| Washington State | ✓ | ||||||||||
| Question 50-Please provide information where the researchers can obtain documentation that reflects your agency policy and procedures for open-book negotiations in CMGC and PDB. | |
|---|---|
| State DOT | Approach |
| Arkansas | https://www.ardot.gov/divisions/alternative-project-delivery/ |
| Caltrans | Office of Innovative Design and Delivery |
| Delaware | https://deldot.gov/Business/drc/pdfs/projectmanagement/cmgc_procedures.pdf?cache=1708361009149 |
| Illinois | Draft manual and appendices are available on our main website under the Doing Business and Innovative Project Delivery tabs. Then scroll down to Resources. |
| Kentucky | We have not exercised an off ramp on any of our projects. |
| Maryland | The RFPs at this link outline the CMAR (CM/GC) procedures for price negotiation. https://www.roads.maryland.gov/mdotsha/pages/Index.aspx?pageID=866 The single PDB project that we have done also includes the procedures that were followed for negotiations. https://www.roads.maryland.gov/ohd2/MO0695172_RFQ_RFP-Addendums1-4.pdf |
| Michigan | Projects and guidance are available on the public website at https://www.michigan.gov/mdot/Business/Contractors/innovativecontracting |
| Minnesota | MnDOT’s CM/GC website: https://www.dot.state.mn.us/const/innovative-contracting/construction-manager-general-contractor.html) |
| North Carolina | https://connect.ncdot.gov/letting/Pages/Design-Build.aspx |
| Oregon | contract documents |
| Ohio | Contact either Eric.Kahlig@dot.ohio.gov or Chase.Wells@dot.ohio.gov |
| Tennessee | https://www.tn.gov/tdot/alternative-delivery/construction-cm-gc-services.html; CMGC Standard Guidance Document forthcoming soon. PDB Standard Guidance Document forthcoming within the year. |
| Utah | This is under development |
| Washington State | WSDOT has not yet exercised an off ramp. However, the off-ramp may be exercised in cases where Contractor’s estimate exceeds a certain range from ICE’s estimate or if the agency did not have the necessary funding. |
