BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2126| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 2126 Author: Mullin (D) Introduced:2/17/16 Vote: 21 SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/21/16 AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/1/16 AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen ASSEMBLY FLOOR: 77-0, 5/9/16 - See last page for vote SUBJECT: Public contracts: Construction Manager/General Contractor contracts SOURCE: Author DIGEST: This bill increases the number of authorized Construction Manager/General Contractor (CM/GC) projects from six projects to 12, as specified. ANALYSIS: Existing law: 1)Sets forth provisions governing public works contracting. These provisions generally prohibit public agencies from contracting with the same firm for both the design and the construction phases of a project. AB 2126 Page 2 2)Requires, generally, public works construction contracts to be awarded to the lowest responsible bidder. 3)Describes the CM/GC procurement method and makes legislative findings and declarations regarding benefits related to risk transfer and project phasing using CM/GC. 4)Authorizes the California Department of Transportation (Caltrans) to use CM/GC on no more than six projects, at least five of which must have construction costs greater than $10 million. 5)Authorizes the Santa Clara County Valley Transportation Authority, the San Mateo County Transit District, and the San Diego Association of Governments to use CM/GC for transit projects. 6)Authorizes a regional transportation agency (RTA) to use the CM/GC project delivery method to design and construct projects on expressways that are not on the state highway system if the projects are developed in accordance with an expenditure plan approved by the voters. 7)Defines key terms relative to the authority granted to RTAs to use CM/GC, as specified. 8)Provides that the entity responsible for maintenance of local streets and roads within the same jurisdiction of the expressway shall be responsible for the maintenance of the expressway. 9)Sets forth provisions governing the process for procuring CM/GC services. This bill expands, from six to 12, the number of projects for which Caltrans is authorized to use the CM/GC procurement method. Further specifies that of the 12 projects, at least 10 projects must have construction costs greater than $10 million and at least eight projects are required to use Caltrans employees or Caltrans consultants, as specified. Comments 1)Purpose. The author notes that "this bill will extend CM/GC authorization by increasing the number of projects that AB 2126 Page 3 Caltrans can build using CM/GC delivery method from six to 12, thus increasing the opportunities to reduce costs and expedite congestion relief projects in the state." 2)Traditional project delivery. 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. 3)What is CM/GC? 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. 4)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 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 AB 2126 Page 4 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. 5)Prior authorization. AB 2498 (Gordon, Chapter 752, Statutes of 2012) authorized Caltrans to use CM/GC on no more than six projects, at least five of which must have construction costs greater than $10 million. At that time, the author introduced AB 2498 to authorize Caltrans to use CM/GC to start evaluating the effectiveness of this emerging project-delivery method that combined the best of both DBB and design-build. To date, all six authorized slots have been granted and the projects are moving forward to completion. This bill proposes to double the amount of authorized CM/GC projects from six to 12; however, it preserves all the design, engineering, inspection, and reporting requirements established in AB 2498. FISCAL EFFECT: Appropriation: No Fiscal Com.: YesLocal: Yes According to the Senate Appropriations Committee, unknown project costs or savings related to Caltrans' expanded authority to use a new project delivery method (State Highway Account and federal funds). Caltrans anticipates significant long term savings, based on the experience of other states, local entities, and early feedback related to the current CM/GC authority. Senate Appropriations staff notes, however, that currently authorized CM/GC projects have not been completed or evaluated for cost efficiency. In addition, since a contract for preconstruction and construction services for CMGC 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 AB 2126 Page 5 than project delivery costs through a traditional DBB process. It is expected that use of the CM/GC method minimizes change orders, which is currently a significant factor in unexpected cost escalation on Caltrans projects. SUPPORT: (Verified8/2/16) Associated General Contractors Bay Area Council California Transportation Commission City/County Association of Governments of San Mateo County San Mateo County Economic Development Association San Mateo County Transportation Authority OPPOSITION: (Verified8/2/16) None received ASSEMBLY FLOOR: 77-0, 5/9/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NO VOTE RECORDED: Beth Gaines, Eduardo Garcia, Jones Prepared by:Manny Leon / T. & H. / (916) 651-4121 8/3/16 19:26:05 **** END **** AB 2126 Page 6