BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1171 (Linder) - Construction Manager/General Contractor method: regional transportation agencies: projects on expressways ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 19, 2015 |Policy Vote: T. & H. 11 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: July 6, 2015 |Consultant: Mark McKenzie | | | | ----------------------------------------------------------------- This bill does not meet the criteria for referral to the Suspense File. Bill Summary: AB 1171 would authorize regional transportation agencies to use the Construction Manager/General Contractor (CMGC) procurement method to design and construct expressways not on the state highway system in specified circumstances. Fiscal Impact: Unknown local expressway project costs or savings (primarily local funds). Since a contract for preconstruction and construction services for CMGC is a negotiated process with the most qualified construction manager, rather than a traditional AB 1171 (Linder) Page 1 of ? "lowest responsible bidder" process, it is difficult to determine whether the negotiated price would be lower or higher than project delivery costs through a traditional design-bid-build process. It is expected that use of the CMGC method would minimize change orders, which is currently a significant factor in unexpected cost escalation on transportation projects. Staff notes that the projects authorized for use of CMGC by this bill would be funded solely with non-state funds in nearly all circumstances, but could involve some state funds in rare circumstances (State Highway Account, bond funds). Background: The traditional project delivery process is the design-bid-build method, whereby complete plans and specifications are prepared prior to the advertising, bidding, and awarding of any construction contracts. The agency awards the contract to the lowest, responsible bidder. Although this method is structured to ensure a project is built for the lowest cost, oftentimes project costs escalate dramatically as change orders are necessary to address unforeseen problems encountered during the construction phase. In addition, the bulk of project risk remains with the sponsoring agency. Existing law also allows public agencies to use alternative project delivery methods. The most widely used alternative project delivery technique is design-build, which allows both design and construction services to be performed by a single entity before the development of completed plans and specifications. Design-build contracts may be awarded on the basis of "best value" or "lowest responsible bidder," as specified in existing law. Design-build is structured to shift risk associated with the adequacy of plans to the contractor and expedite project delivery by allowing construction to begin before design is complete. The Construction Manager/General Contractor (CMGC) project delivery method allows an agency to engage a construction manager during the design process to provide assistance to the design team, including advice regarding scheduling, pricing, phasing, and other input that helps the owner design a more constructible project. The agency selects the construction manager on the basis of qualifications, past experience, or a AB 1171 (Linder) Page 2 of ? best-value basis. When design is nearly complete, the agency and the construction manager negotiate a guaranteed maximum price for the construction of the project based on the defined scope and schedule. If this price is acceptable to both parties, a contract is executed for construction services, and the construction manager becomes the general contractor. The benefits of this procurement method is that the public agency does not sacrifice control over the design of the project and during the construction phase the contractor is very familiar with the project design resulting in fewer disputes over design issues. The Legislature has authorized the Department of Transportation (Caltrans) to use the CMGC method on a pilot basis to construct up to six projects (AB 2498, Gordon, Ch. 752/2012). In addition, the San Diego Association of Governments (SANDAG), the Santa Clara County Valley Transportation Authority (VTA) and the San Mateo County Transit District (SamTrans) have been provided with general authority to use CMGC for public transit projects (SB 1549, Vargas, Ch. 767/2012, and AB 797, Gordon, Ch. 320/2013). Before electing to use the CMGC method, existing law requires SANDAG, VTA, and SamTrans to make a written finding declaring that use of CMGC will reduce costs, expedite completion, or provide features not achievable through the design-bid-build method. In addition, to determine the benefits of CMGC, agency staff must present a report to its governing body on its experience upon completion of a CMGC project and to post the report on its internet web site. Proposed Law: AB 1171 would authorize regional transportation agencies, as defined, to utilize the CMCG procurement method to design and construct expressway projects not on the state highway system that are developed in accordance with an expenditure plan approved by voters. Prior to entering into a CMCG contract, the agency must evaluate the traditional design-bid-build and CMCG methods and affirmatively adopt the procurement strategy in a public hearing. The bill requires regional transportation agencies to follow the same process, procedures, and requirements specified in existing law for Caltrans' use of CMCG, and specifies that the entity responsible for local streets and roads in the jurisdiction of the expressway project is responsible for future maintenance of the expressway. The AB 1171 (Linder) Page 3 of ? bill also requires the agency to prepare a progress report for its governing body with specified information regarding the use of CMCG, including outcomes and recommendations, and post the report on its website. Staff Comments: Before using the CMGC method, the transportation agency must evaluate both the traditional design-bid-build and CMCG methods and affirmatively adopt the procurement strategy in a public hearing. However, the bill does not require the agency to make a finding that the alternative method would reduce project costs, expedite project delivery, expedite project completion, or provide features not achievable through design-bid-build (the findings that public transit project sponsors must make before using CMCG). The Committee may wish to consider whether the public adoption of the use of CMCG should also include a public finding of the expected comparable benefits over traditional procurement methods. Regardless of the impact that utilizing CMCG has on overall project costs, the bill is not expected to result in an increased allocation of state funds to regional transportation agencies for local expressway projects. -- END --