BILL ANALYSIS                                                                                                                                                                                                    Ó






           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                       AB 1171|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   THIRD READING 


          Bill No:  AB 1171
          Author:   Linder (R)
          Amended:  6/19/15 in Senate
          Vote:     21  

           SENATE TRANS. & HOUSING COMMITTEE:  11-0, 6/16/15
           AYES:  Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,  
            McGuire, Mendoza, Roth, Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 7/6/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  78-0, 5/14/15 (Consent) - See last page for  
            vote

           SUBJECT:   Construction Manager/General Contractor method:   
                     regional transportation agencies:  projects on  
                     expressways


          SOURCE:    Author


          DIGEST:  This bill authorizes all regional transportation  
          agencies to utilize the construction manager/general contractor  
          (CM/GC) procurement method to design and construct projects  
          under certain limited circumstances.


          ANALYSIS:  

          Existing law:









                                                                    AB 1171  
                                                                    Page  2


          1)Authorizes the San Diego Association of Governments to utilize  
            other alternative project-delivery methods for transit  
            projects within its jurisdiction, including CM/GC.  

          2)Authorizes the California Department of Transportation  
            (Caltrans) to utilize CM/GC on a pilot basis.  

          3)Authorizes both Santa Clara Valley Transportation Authority  
            and the San Mateo County Transit District to use CM/GC for  
            transit projects.

          This bill:

          1)Authorizes all regional transportation agencies to utilize the  
            CM/GC procurement method to design and construct projects if  
            the projects are developed in accordance with a voter-approved  
            expenditure plan, as long as: 

             a)   The expenditure plan was approved prior to January 1,  
               2014.

             b)   The project is the construction of an expressway that is  
               not on the state highway system.

          1)Defines CM/GC as a project-delivery method in which a  
            construction manager is procured to provide preconstruction  
            services during the design phase and construction services  
            during the construction phase of the project.

          2)Defines preconstruction services as advice during the design  
            phase of a project in order to assist the regional  
            transportation agency to design a more constructible project.

          3)Requires regional transportation agencies to follow the same  
            process, procedures, and requirements laid out in Caltrans'  
            CM/GC authorizing statutes.

          4)Requires regional transportation entities to present a report  
            on its experience with this alternative procurement method to  
            its governing board, as well as post the report on its Web  
            site.

          5)Specifies that the entity responsible for the maintenance of  
            the local streets and roads within the jurisdiction of the  







                                                                    AB 1171  
                                                                    Page  3


            project is responsible for the maintenance of the project upon  
            completion.
          
          Comments
          
          1)Purpose.  According to the author, this bill will provide an  
            innovative project-delivery method for regional transportation  
            agencies to use on expressway projects contained in local  
            measure expenditure plans.  Supporters state that the CM/GC  
            method has been identified by several entities, including the  
            Federal Highway Administration, to be an innovative way to  
            reduce time and cost of project delivery.  

          2)Background.  Traditionally, state and local entities develop  
            and construct transportation projects with a process known as  
            the design-bid-build (DBB) delivery method.  This method  
            requires the public agency to fully design a project and then  
            ask general contractors to bid on the construction contract  
            based on the agency's design.  DBB procurement results in  
            project risks being largely borne by the agency that designs  
            the project, because the agency bears the financial burden if  
            the plans are inadequate or unanticipated construction issues  
            arise. 
          
            Unlike traditional DBB procurement, the CM/GC project-delivery  
            method allows an agency to engage a construction manager  
            during the design process to provide assistance to the design  
            team, which can ultimately lead to a more constructible  
            project.  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, they  
            execute a contract for construction services, and the  
            construction manager becomes the general contractor.  Studies  
            suggest CM/GC often leads to less costly or more expediently  
            delivered projects because of the construction manager's  
            involvement in the design process.
            
          3)Why pursue alternative project-delivery approaches?  For  
            decades, state and local agencies have relied on the DBB  
            procurement method for transportation projects.  DBB reduces  
            the risk for the construction contractor because the state or  
            local agency has a completed design, procured right-of-way,  
            and achieved environmental clearance before letting the  







                                                                    AB 1171  
                                                                    Page  4


            contract.  Agencies using this traditional method generally  
            receive the lowest initial-cost construction contracts for a  
            given project, because contractors are competitively bidding  
            on a relatively risk-free project.  Drawbacks to DBB can  
            include longer completion times, constructability challenges  
            unforeseen by the designers, and increasing costs over time  
            due to change orders and claims.

            The CM/GC process is meant to provide continuity and  
            collaboration between the design and construction phases of  
            the project.  Construction managers have an incentive to  
            provide input during the design phase that will enhance  
            constructability of the project later, because they know that  
            they will have the opportunity to become the general  
            contractor for the project.  Furthermore, CM/GC promises to  
            save project delivery time, provide earlier cost certainty,  
            transfer some risks from the public agency to the contractor,  
            and ensure project constructability.  Finally, it allows each  
            agency to design the project to complement the general  
            contractor's strengths and capabilities, thereby providing  
            maximum competitiveness in a low-bid procurement.  

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee, this bill will  
          have unknown local expressway project costs or savings  
          (primarily local funds).  Since a contract for preconstruction  
          and construction services for CM/GC is a negotiated process with  
          the most qualified construction manager, rather than a  
          traditional "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 DBB  
          process.  It is expected that use of the CM/GC method would  
          minimize change orders, which is currently a significant factor  
          in unexpected cost escalation on transportation projects.


          Projects authorized for use of CM/GC by this bill will 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).









                                                                    AB 1171  
                                                                    Page  5




          SUPPORT:   (Verified7/8/15)


          Associated General Contractors
          Automobile Club of Southern California
          Capital SouthEast Connector JPA
          El Dorado Hills Chamber of Commerce 
          Riverside County Transportation Commission
          Sacramento Metropolitan Chamber of Commerce 
          Santa Clara Valley Transportation Authority


          OPPOSITION:   (Verified7/8/15)


          None received


          ASSEMBLY FLOOR:  78-0, 5/14/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Linder, Medina

          Prepared by:Eric Thronson / T. & H. / (916) 651-4121
          7/8/15 16:33:16


                                   ****  END  ****


          








                                                                    AB 1171  
                                                                    Page  6