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