Legislature(2021 - 2022)BARNES 124
04/27/2021 01:00 PM House TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| HB87 | |
| HB166 | |
| HB160 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 166 | TELECONFERENCED | |
| += | HB 87 | TELECONFERENCED | |
| += | HB 160 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 160-PROCUREMENT; CONSTRUCTION; CONTRACTS
1:21:54 PM
CHAIR HOPKINS announced that the final order of business would
be HOUSE BILL NO. 160, "An Act relating to the state procurement
code; establishing the construction manager general contractor
procurement method; and providing for an effective date."
1:23:16 PM
REPRESENTATIVE HANNAN moved to adopted Conceptual Amendment 1 to
HB 160, which read as follows [original punctuation provided]:
Page 2, line 5
Following "the Department of Transportation &
Public Facilities may,"
Insert "through the competitive sealed proposal
process"
Page 2, line 10
Following "construction phase"
Delete "through the competitive sealed proposal
process"
Page 2, line 11
Following "the department"
Delete "shall"
Insert "may"
The committee authorizes the Legislative Legal
Services division to make technical and conforming
changes to the committee substitute for HB 160.
1:23:28 PM
JOE HARDENBROOK, Staff, Representative Grier Hopkins, Alaska
State Legislature, explained Conceptual Amendment 1 to HB 160.
He said the amendment was available in the committee packet,
with the second page showing how it is incorporated into HB 160.
1:25:34 PM
MIKE LESMANN, Legislative Liaison, Office of the Commissioner,
Department of Transportation and Public Facilities, explained
how Conceptual Amendment 1 would improve HB 160. He explained
that moving the words "through the competitive proposal sealed
process" from page 2, line 10, to line 5 clarifies that the
construction manager/general contractor (CM/GC) really starts
with that competitive sealed proposal process and takes care of
the phase of pre-construction services. He explained the change
from "shall" to "may" would help the contracting community
better understand the process. He deferred to Mike Lund for
further explanation.
1:26:23 PM
MIKE LUND, Regional Construction Engineer, Northern Region,
Department of Transportation and Public Facilities, regarding
the change from "shall" to "may" explained that the process is
further clarified in [subsections] (b) and (c) as to when those
actions would take place and related to whether or not costs can
be negotiated. Further, he said "may" would provide protection
for the owner or the State of Alaska in the event, for example,
that a cost is negotiated but funding is not available to
proceed with the construction contract. He said, "It provides
an avenue for the State of Alaska or the Department of
Transportation [& Public Facilities] to ... have an out even if
we can still satisfy a fair negotiation of costs."
1:27:45 PM
CHAIR HOPKINS opened public testimony on HB 160, as amended.
1:28:06 PM
ALICIA SIIRA, Executive Director, Associated General Contractors
of Alaska (AGC), stated that AGC supports having CM/GC as an
additional tool in the toolbox. She said AGC represents over
600 members. She said CM/GC is a common and accepted
alternative delivery project method of construction used in
Alaska for over a decade. She asked that the committee remember
that CM/GC is but one tool, and she asked for transparency and
ample review when using it, in order to ensure the best value
for the state. She stated that HB 160 would benefit the
construction industry and the state by modifying procurement
statutes to codify the CM/GC procurement process, thus allowing
DOT&PF to use the process without having to submit an innovative
procurement request with the Department of Law and the Federal
Highway Administration (FHWA) or the Federal Aviation
Administration (FAA) for each project. She stated, "This bill
will modernize, clarify, and improve the state's procurement
process and align Alaska with a majority of other states."
Further, passage of HB 160 would allow the industry to
participate in the development of a regulatory package to
address concerns about consistency in the use of CM/GC on
projects. She said AGC requests a seat at the table for this
process. She noted that the association has compiled a list of
best practices within Alaska and in other states that it looks
forward to sharing with DOT&PF partners. She said AGC supports
the amendments to HB 160 discussed earlier in this hearing.
1:31:15 PM
SARAH LEFEBVRE shared that she works for a statewide contractor
in its Fairbanks office and has been in the construction
industry for over 23 years. She said passage of the proposed
legislation would ensure that CM/GC would be applied more
consistently and transparently. Putting the process in statute
would allow DOT&PF to move forward in completing regulations and
completing a handbook that has existed in draft form for a
couple years. She said the construction community is excited
about the possibility of additional infrastructure funds through
the state from the federal level but is concerned that DOT&PF
"may need some more opportunities in the future to move projects
forwards," and having CM/GC as a tool will facilitate this. She
closed by stating her support of [Conceptual Amendment 1] to HB
160.
1:33:04 PM
CHAIR HOPKINS, after ascertaining there was no one else who
wished to testify, closed public testimony on HB 160.
1:33:17 PM
MR. LESMANN thanked the committee and staff for working on HB
160.
1:33:50 PM
REPRESENTATIVE HANNAN moved to report HB 160, [as amended], out
of committee with individual recommendations and the
accompanying zero fiscal notes, and with authorization for
Legislative Legal Services to make technical and conforming
changes.
1:34:19 PM
CHAIR HOPKINS objected for the purpose of taking the time to
thank Mr. Lesmann for his service. He then removed his
objection. There being no further objection, CSHB 160(TRA) was
reported out of the House Transportation Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 166 Letter of Support Leon Smith 4.27.2021.pdf |
HTRA 4/27/2021 1:00:00 PM |
HB 166 |
| HB 87 Supporting Document - People for Bikes Letter 4.27.2021.pdf |
HTRA 4/27/2021 1:00:00 PM |
HB 87 |
| HB 166 Letter of Opposition APDEA 4.27.2021.pdf |
HTRA 4/27/2021 1:00:00 PM |
HB 166 |
| HB 160 - CMGC Award Process - Flow Chart STEP 1 4.27.2021.pdf |
HTRA 4/27/2021 1:00:00 PM |
HB 160 |
| HB 160 - CMGC Award Process - Flow Chart STEP 2 4.27.2021.pdf |
HTRA 4/27/2021 1:00:00 PM |
HB 160 |