Item 30 - Resolution Establishing Alternative Public Works Construtcion Delivery Methoda Conflict-of-Interest Policy

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Alternative Public Works Construction Delivery Method Conflict of Interest Policy January 21, 2025 Page 2 projects. Some of the advantages include: • Enhanced design quality due to contractor involvement in the design process • For design -build, a single point of accountability as the same firm is responsible for both the design and construction of the project • Fewer change orders • Fewer claims • Reduced delivery time as design and construction can overlap • Higher -quality construction work • Greater cost certainty • Lower overall project delivery cost Design Build Design -Build services combine professional design and construction services into a single contract with one vendor or team of vendors. This method has been popular in the private -sector and federal government sectors for decades and has been used for many public agency contracts in California. Moreover, legislation passed in the year 2000 which allowed certain General Law Cities to use Design -Build, and subsequently the legislature expanded Design -Build authority to be available for all General Law Cities. In 2014, the laws allowing local agencies, including General Law Cities, to use Design -Build were consolidated and codified at Public Contract Code Section 221060 et seq. Various agencies, including a number of charter cities, have used a Design -Build variation known as Progressive Design -Build, which maximizes innovation by selecting the Design -Builder at the earliest feasible stage of the project. For Progressive Design - Build projects, certain pricing elements may be set based on the Design -Builder's original proposal, but the price for construction work is negotiated after the design reaches an appropriate level. Additionally, California legislature has adopted statutes specifically allowing the use of Progressive Design -Build, including a law that passed in 2021, codified at Public Contract Code Section 10198 et seq. Construction Manager at Risk The CMAR method involves procurement of a construction manager to provide preconstruction services during the design phase of the project, including providing input on the design, conducting site investigations, and providing construction services during the construction phase of the project. Once the design reaches an appropriate level, the contractor prices the construction work, including obtaining competitive bids from subcontractors. Then, the agency conducts a cost evaluation and determines whether to proceed with construction. Although not yet authorized for use for General Law Cities, CMAR has been used by Charter Cities, and the legislature has specifically authorized its use by various state and local agencies, including laws codified at Public Contract Code Section 20146 et seq. and Public Utilities Code Section 100150 et seq. As with the Design -Build laws, the CMAR statutes include provisions addressing compliance with the subcontractor listing law.