Alternative Project Delivery Methods… the Agency’s Perspective

Shane L. Silsby, Director OC Public Works July 31, 2015

Objectives

County’s Experience

Current Goals

Future Initiatives

County's Experience

Limited! Utilizing minimal County history

with DB Developing experience through

classroom and on-the-job training Utilizing out of County / State

resources

Current Goals

Statutes, Authority, And Policy

Statutes, Authority, and Policy

“…because that’s how it’s always been done!” January 30, 2014 Memo from

County COO to Director of OCPW Ensure consistency of public works

design & construction services procurement Standardize project & construction

management practices

Statutes, Authority, and Policy

Joint Powers Authority (JPA) • 1966 Agreement between the City of

Santa Ana & the County of Orange • Orange County Civic Center Authority • Created the Civic Center Area • Purpose was to plan, construct, and

maintain Civic Center • 50-year agreement- expires Jan. 2016 • JPA can enter into contracts & incur debt

Statutes, Authority, and Policy

ASR 14-001420, Item No. 30 • Board Adopted on 9/30/2014 • Amend & Restate Joint Exercise of Powers

Agreement with City of Santa Ana 6 previous amendments

• Allows the use of “alternative procurement methods” for CIPs

• Extend initial 50-year agreement term 10 years + 10 year optional extension 1966 >> 2016 >> 2026 >> 2036

Statutes, Authority, and Policy

ASR 14-001420, Item No. 30 (cont’d) • JPA Key Amendments: • Replaced County with City “Subject to restrictions upon the manner of

exercising such powers as are imposed upon the City in the exercise of similar powers”

• Replaced City with County “Authority is authorized to exercise its powers

within the County”

Statutes, Authority, and Policy

OC Civic Center

Authority

County of Orange

City of Santa Ana

OC Flood Control District

Statutes, Authority, and Policy

ASR 14-001799, Item No. 46 • Board Adopted on 1/27/2015 • Administrative Services Procurement Services

– Public Works Contracts • Design & Construction Procurement

Policy Manual (DCPM) adopted

Statutes, Authority, and Policy

ASR 14-001799, Item No. 46 (cont’d) • Rec.#4 “Authorize Director of OC Public Works or

designee to execute & maintain the DCP and standardize related contracting as necessary & appropriate, and direct that all County & District departments utilize the procedures & standardized documents set forth therein for all public works design & construction contracts.”

Statutes, Authority, and Policy

ASR 14-001799, Item No. 46 (cont’d) • Rec.#5 supersedes 2012 Contract Policy

Manual Sections 3.5, “A-E Service Contracts” & 3.6, “Public Works Contracts” with 2015 DCPM.

Basically, Director of OCPW, Sheriff-Coroner, or Director of JWA has been delegated the authority to enter into A-E Service & Public Works Contracts on behalf of ALL County & District Departments.

Statutes, Authority, and Policy

Long-Term Goal

Lobbying & legislation change

Public Contract Code (PCC)

Intermediate Goal

Extend sunset dates or continue using

JPA

Short-Term Goal

Amended JPA currently in effect

Statutes, Authority, and Policy

Public Contract Code (PCC) • 20100, 20142, 20146, 20175.2, 22034,

22160, 22161(g)(1), 22164, 22169 Government Code (GOV)

• 25502.5 OC Codified Ordinances

• 1-8-11, 1-8-12, 1-8-14 Joint Powers Authority (JPA)

• Santa Ana City Charter §422(a)(c) http://leginfo.legislature.ca.gov/faces/cod

es.xhtml

Statutes, Authority, and Policy

Santa Ana City Charter §422 • Public works contracts • (a) “…’public works construction’ shall be

deemed to mean a project for the erection/improvement of public buildings, streets, drains, sewers, or parks.”

• (b) “…utilization of alternative project delivery systems such as design-build contracts…”

https://www.municode.com/

Method: DB

Owner

Design Builder (Architect, Engineer, Contractor)

Subcontractors Mat’l Suppliers

Design-Build (DB)

Method: DB

Statutes: • PCC §22160, 22161(g)(1), 22162, 22164(f),

22169 • DCPM §5.6 • 2015 Amended JPA

Policy: • PCC §22162 allows counties to use this

method for projects* over $1,000,000 • Amended JPA (9/30/2014) allows for both

horizontal* & vertical projects

Method: DB

Legislation Proposal:

Method: CMAR

Construction Manager at Risk (CMAR)

Owner

Construction Manager

Subcontractor

Mat’l Suppliers

Architect/ Engineer

Method: CMAR

Statute: • SB328 amended PCC §20146

(1/1/2014) Sunset date of 1/1/2018

• DCPM §5.7 • 2015 Amended JPA

Method: CMAR

Policy: • May be used for projects* over

$1,000,000 • Like Design-Build contracts, awarded

to lowest responsible bidder or best value method

• Amended JPA (9/30/2014) allows for both horizontal* & vertical projects

Method: CMAR

Legislation Proposal:

Method: PMAR

Program Manager At Risk (PMAR)

Owner

Program Manager

Contractor/ Subcontractor

Mat’l Suppliers

Architect/ Engineer

Method: PMAR

Statute: • DCPM §5.8 • PMAR is not specifically discussed in

the PCC • Contact County Counsel

Method: PMAR

Policy: • Since the PMAR is not specifically discussed

in PCC, the Director (or designee) shall seek the advice of County Counsel before utilizing this method

Project Delivery Methods

Public Works CIP

Project Delivery Methods

Project Delivery Methods

Future Initiatives

Procurement Services Updates: • Boilerplate Documents RFPs, SOQs, Review Panels, etc.

• Policy & Procedure • Training • Roll-Out

County Counsel Updates: • JPA, County, District Agreements • Construction Contract Agreements • Other Contract Documents

What Can You Do?

1. Continue to educate yourself on APDMs

2. Support upcoming projects

3. Advocate for Legislative changes

Thank you from Orange County!

Improving Morale. Increasing Efficiency. Enhancing Customer Service.