BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2126|
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                                   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.  









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          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  







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            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  







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            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  







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          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


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