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
          
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          |Version: June 19, 2015          |Policy Vote: T. & H. 11 - 0     |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: July 6, 2015      |Consultant: Mark McKenzie       |
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          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  







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          "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  








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          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  








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          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.




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