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Smart Voter
Sonoma County, CA November 6, 2012 Election
Measure S
Design Build Procurement
City of Santa Rosa

Majority Approval Required

Pass: 34,524 / 67.1% Yes votes ...... 16,946 / 32.9% No votes

See Also: Index of all Measures

Results as of Dec 17 1:47pm, 100.0% of Precincts Reporting (64/64)
Information shown below: Impartial Analysis | Arguments | Full Text

Shall Section 58 be added to the Santa Rosa City Charter to allow for the use of design-build procurement by the City under guidelines to be established by ordinance?

Impartial Analysis from City Attorney
Section 44 of the Santa Rosa City Charter provides that, with certain exceptions, a public works contract must be awarded to the lowest bidder if the contract is for expenditures in an amount equal to or in excess of the sum provided by the State Contract Act for letting of bids by the State Department of Transportation, or for a lower amount if provided by the Council. This process is referred to as the "Design- Bid-Build" method of project delivery.

This measure would add a new section 58 to the Santa Rosa City Charter that would authorize, but not require, the City to use a "Design Build" method of project delivery as an alternative method of project delivery. This method of project delivery would allow the City to contract with a single entity for the design and construction of a project, rather than designing the project first and then soliciting bids for the construction of the project. The City Council would establish by ordinance, regulations for the award, use and evaluation of "Design Build" contracts.

The current lack of authority for use of "Design Build" has prevented the City from being able to enter into certain types of contracts where manufacturers of certain products design the layout and install a product such as solar panels or playground equipment on public property.

The City Council unanimously approved this ballot measure.

A "Yes" vote on Measure S would authorize the City to use the "Design Build" method of project delivery as an alternative for certain types of public works contracts.

A "No" vote would prevent the City from being able to use this method of project delivery.

s/ Caroline L. Fowler
City Attorney

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Arguments For Measure S
Since our City Charter was originally written, a new way to build energy efficient projects, playgrounds and other public projects that can potentially save money known as Design Build, has become available. This Charter Amendment, Measure S, allows the City to use Design Build when it makes sense, to speed up the delivery of construction projects and save money.

Currently, construction projects in the city are done on a Design-Bid-Build basis, in which separate contracts and companies are used for design and construction.

Measure S would simply allow the City to also use the Design Build method in which one entity is contracted to both design and build a project. Many manufacturers of solar equipment, playground equipment and other products will provide design installation services of their products at little or no additional cost to the City which the City cannot currently take advantage of.

It is important to note when you read Measure S that this proposal simply authorizes the adoption of an ordinance to allow the use of the Design Build method under criteria to be established by the City Council. It does not mandate the use of Design Build and most projects will continue to be built using the Design-Bid-Build method.

Design Build also provides the flexibility to allow the City to explore potential public- private partnerships to build large City projects that would also benefit the taxpayers.

This measure was written to give the City the option to pick the best method for each project and to get the taxpayers the best deal with the most efficient delivery of the project.

s/ Ernesto Olivares, Mayor

s/ Jane Bender
Former Mayor/Council Member

s/ Daniel Drummond, Executive Director

s/ Jonathan Coe, President/CEO

s/ Michael D. Senneff
Chair, Charter Review Committee

(No arguments against Measure S were submitted)

Full Text of Measure S
Section 1. Shall Section 58 be added to the City of Santa Rosa Charter to read as follows?

Sec. 58. Design Build Procurement. Notwithstanding any provision to the con- trary in the California Public Contracts Code, in Charter Section 44, or any other law or regulation of the City of Santa Rosa, the use of design-build procurement by competitive negotiation is authorized. The City Council shall establish by ordinance regulations for the award, use and evaluation of such design-build contracts, in which the design and construction of a public works project are procured from a single entity.

Section 2. Enumeration of New Powers. This proposed Charter Amendment does not result in any new powers for the City and does not grant any new power to the Council to increase its own compensation or the compensation of other City officials. The proposed amendment does grant the City a new power to use design- build procurement.

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Created: December 17, 2012 13:47 PST
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