6201ORDINANCE NO. 6201
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING VARIOUS
SECTIONS OF CHAPTER 10.06 OF TITLE 10 OF THE
ANAHEIM MUNICIPAL CODE TO ESTABLISH A
DESIGN -BUILD PROCUREMENT PROCESS FOR
PUBLIC WORKS PROJECTS IN FURTHERANCE OF
SECTION 1212 OF THE CITY CHARTER
WHEREAS, the City of Anaheim (also referred to herein as "Anaheim" or "City ") is a
charter city authorized to adopt rules and regulations governing its municipal affairs; and,
WHEREAS, pursuant to authority provided by Section 3 of Article XI of the Constitution
of the State of California, Section 1303 of the Anaheim City Charter, and Section 9255(a)(2) of
the Elections Code of the State of California, the Anaheim City Council submitted to the
qualified electors of the City certain proposed amendments to the Charter of the City of
Anaheim; and,
WHEREAS, the proposed amendments included the addition of Section 1212 to the City
Charter which authorizes the use of design -build procurement for public works projects in
Anaheim and requires the City Council, by ordinance, to establish regulations for the award, use
and evaluation of design -build contracts; and,
WHEREAS, on November 2, 2010, Section 1212 was approved by the qualified
electors of the City and this Ordinance implements Section 1212.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1
That Chapter 10.06 of Title 10 of the Anaheim Municipal Code be, and the same is hereby,
amended in its entirety to read as follows:
"Chapter 10.06
DESIGN -BUILD CONTRACTING FOR PUBLIC WORKS PROJECTS
Sections:
10.06.010 Purpose and Intent.
10.06.020 Definitions.
10.06.030 Design -Build Procurement Authorized.
10.06.040 Monitoring of Design -Build Contracts.
10.06.050 Requests for Proposals.
10.06.060 Selection Method and Award.
10.06.010 Purpose and intent.
The purpose of this Chapter is to establish regulations for the use, award and evaluation of
Design -Build contracts for Public Works Projects as required by Section 1212 of the Anaheim
City Charter.
10.06.020 Definitions.
Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so
as to give them the meaning they have in common usage and to give this Chapter its most
reasonable application.
.010 `Competitive Negotiation' means a competitive sealed proposal procurement method
which includes but is not limited to, all of the following requirements: (1) generally describes the
services sought to be procured by the City, (2) sets forth minimum criteria for evaluating
proposals submitted in response to a Request for Proposals, (3) generally describes the format
and content of proposals to be submitted, (4) provides for negotiation of scope and price, and (5)
may place emphasis on described factors other than price to be used in evaluating proposals.
.020 `Design- Build' means a process involving contracting with a single entity for the
design and construction of a Public Works Project pursuant to a Competitive Negotiation
process.
.030 `Design -Build Contract' means a contract between the City and a Successful Proposer
to furnish the architecture, engineering, and related services as required for a given Public Works
Project, and to furnish the labor, materials and other construction services for the same project.
.040 `Design -Build Entity' means the entity (whether, natural person, partnership, joint
venture, corporation, business association, or other legal entity) that proposes to enter into a
Design -Build Contract. This entity shall be able to provide appropriately licensed contracting,
architectural, and engineering services as required by the Request for Proposals.
.050 `Performance Criteria' means the requirements for the Public Works Project, as
determined by the Public Works Department, expressed in conceptual documents, performance -
oriented preliminary drawings, outline specifications and other documents provided with a
Request for Proposals.
FA
.060 `Proposal' means an offer to enter into a Design -Build Contract by a Design -Build
Entity in response to a Request for Proposals.
.070 `Public Works Project' shall mean any City project requiring design and construction
services.
.080 `Request for Proposals' means a document or publication whereby the Public Works
Department solicits proposals for a Design -Build Contract.
.090 `Successful Proposer' means a Design -Build Entity awarded a Design -Build Contract
by the City Council.
10.06.030 Design -Build Procurement Authorized.
Notwithstanding any provision to the contrary in the California Public Contracts Code or in any
other ordinance or procedure of the City of Anaheim, the use of Design -Build procurement is
authorized for any Public Works Project, including, but not limited to, any project involving a
public utility, no matter the amount. Any code, ordinance or procedure in conflict with the
foregoing authorization is hereby specifically superseded. For public utilities projects, this
section shall constitute the authorization required by Section 1211 of the City Charter to relieve
public utilities projects from the public bidding requirement of this charter provision.
10.06.040 Monitoring of Design -Build Contracts
The Public Works Department may utilize Design -Build procedures for any Public Works
Project. At a minimum, the Design -Build procedures of the Public Works Department shall
utilize a Competitive Negotiation process in compliance with this Chapter. Any Design -Build
Contract of the Public Works Department shall be approved by the City Council.
10.06.050 Requests for Proposals.
Prior to procuring a Design -Build Contract, the Public Works Department shall prepare a
Request for Proposals containing, at minimum, the following elements:
.010 The procedures to be followed for submitting Proposals, the criteria for evaluation of
the Proposals and their relative weight, the procedure for selection of the Successful Proposer
and the timing for making awards.
020 The proposed terms and conditions for the Design -Build Contract.
.030 The Performance Criteria.
.040 A description of the project approach, work plan or other submittals to be submitted
with the Proposal, with guidance as to the form and level of completeness required.
3
.050 A schedule for planned commencement and completion of the Design -Build Public
Works Project.
.060 The minimum qualifications that the Design -Build Entity will be required to possess
to be deemed responsive.
.070 Requirements for performance bonds, payment bonds and insurance (including
professional liability insurance) as determined by the Risk Manager and City Attorney, as
appropriate.
.080 Essential design disciplines, construction trades or types of subcontractors that must
be listed by the Design -Build Entity in the Proposal. Subcontractors not listed in the Proposal
shall be awarded subcontracts by the Design -Build Entity in accordance with a process set forth
in the Request for Proposals. All subcontractors that are listed in the Proposal or subsequently
awarded subcontracts shall be afforded the protection of all applicable laws.
.090 Any other information that the Public Works Department in its discretion chooses to
supply, including without limitation, surveys, soils reports, drawings or models of existing
structures, environmental studies, photographs, or references to public records, including
dissemination procedures for Critical Infrastructure Information.
10.06.060 Selection Method and Award.
The following method shall be utilized in selecting a Design -Build Entity for award of a Design -
Build Contract:
.010 Design -Build Entities shall submit their Proposals in accordance with the
requirements of the Request for Proposals. Proposals may be withdrawn by written notice to the
Public Works Department for any reason at any time prior to the deadline set forth in a Request
for Proposals and the proposal guarantee for the Proposal shall be returned. Timely withdrawal
of a Proposal shall not prejudice the right of a Design -Build Entity to timely file a new Proposal.
Nothing in this Chapter shall require the City to accept any Proposal and the City hereby reserves
the right to reject any and all Proposals. City assumes no responsibility for the costs incurred by
any Design -Build Entity in preparation of any Proposal.
.020 Once received, the Public Works Department may require clarifications from a
Design -Build Entity to ensure a Proposal is responsive to a Request for Proposals. Clarifications
may result in revised cost and /or technical proposals.
.030 Design -Build Entities may be prequalified in accordance with a procedure established
by the Public Works Department The information, which is solicited by the questionnaire, may
include any criteria deemed relevant by the Public Works Department to evaluate a Design -Build
El
Entity for any particular Design -Build Contract. At minimum, the Public Works Department
shall establish reasonable and objective criteria.
.040 Selection criteria for the award of the Design -Build Contract may include, but not be
limited to:
(a) An evaluation of overall quality, capability, resource availability and financial
stability of the Design -Build Entity.
(b) An evaluation of references provided with respect to responsiveness, quality of work,
timeliness and overall performance.
(c) An evaluation of the Design -Build Entity's experience, training and qualifications on
similar types and sizes of projects.
(d) Consideration of items such as price, proposed design approach, initial and /or life
cycle costs, project features, quality, capacity, schedule, and operational and
functional performance of the facility.
(e) The extent to which a Design -Build Entity's Proposal meets the Performance Criteria
and other requirements set forth in a Request for Proposals.
(f) Analysis of the cost relative to a Design -Build Entity's ability to meet the
Performance Criteria and other requirements set forth in the Request for Proposals.
.050 Depending on the number of Proposals received, the Public Work Department may
develop a "short list" of top ranked Design -Build Entities. The Public Work Department may
require "short listed" Design -Build Entities to submit to an interview and /or make a presentation
to establish a final ranking.
.060 The Public Works Department will then begin negotiations with the top ranked
Design -Build Entity. The negotiations may include but not be limited to project costs, scope, and
schedule. If negotiations are unsuccessful, negotiations will cease with the top ranked Design -
Build Entity and may begin with the next highest ranked Design -Build Entity.
.070 Award shall be made by the City Council to the Design -Build Entity whose Proposal
is determined to be the most advantageous to the City, taking into consideration price and the
evaluation factors set forth in the Request for Proposals."
SECTION 2 . CEQA CATEGORICAL EXEMPTION
The City Council hereby determines and finds that, in accordance with California
Environmental Quality Act (CEQA) and the State CEQA Guidelines, the adoption of this
Ordinance by the City Council is not a "project" as the adoption of this Ordinance is ministerial
in nature.
E
SECTION 3 . SAVINGS CLAUSE
Neither the adoption of this Ordinance nor amendment of any other ordinance of the City of
Anaheim shall in any manner affect the prosecution for violations of ordinances, which
violations were committed prior to the effective date hereof, nor be construed as a waiver of any
tax, license or penalty or of the penal provisions applicable to any violations thereof. The
provisions of this Ordinance, insofar as they are substantially the same as ordinance provisions
previously adopted by the City of Anaheim relating to the same subject matter, shall be
construed as restatements and continuations, and not as new enactments.
SECTION 4 . SEVERABILITY
If any section, subsection, sentence, clause, phrase, word, or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such invalidity shall not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Anaheim hereby declares that it would have adopted
this Ordinance and each remaining section, subsection, sentence, clause, phrase, word, or portion
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses,
phrases, words, or portions have been declared invalid or unconstitutional.
SECTION 5 . EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days from and after its adoption by the City Council.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 11 th day of January , 2011, and thereafter
passed and adopted at a regular meeting of said City Council held on the 25th day of
January , 2011, by the following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway, Murray
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY O HEIM
MAYOR OF THE CITY OF ANAHEIM
ATTES :
CITY CLERK OF THE CITY O ANAHEIM
CAO# 80225
on
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above - entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A -21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
February 3, 2011
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct ":
Executed at Santa Ana, Orange County,
California, on
Date: February 3, 2011
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796 -2209
Proof of Publication of
SUKOA4 Y PU BLICATION
CITY OF ANAHEIM
ORDINANCE NC. 6201
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING VARIOUS SECTIONS
OF CHAPTER 10.06 OF TITLE 1 0 OF THE ANAHEIM
MUNICIPAL CODE TO ESTABLISH A DESIGN41JULD
PROCUREMENT PROCESS FOR PU13lU C WORKS`
PROJECTS IN FURTHERANCE OF SECTION 12t2 OF
THE CITY CHARTER.
Section 1212 of to City Charter euthortass the use of design -buYd procurement for public
works pray n Anaheim an sic0, d requires the City Coi by ordinance, to establish regula -.
Sion for Ure aid, use and evaluation of desig�nrh-build contracts. This ordnance imple-
ments this section d the City Charter by establishing these regulations.
1, Linda N. Andat, City Clsdr of the City of Anaheim, do hereby cartity ttet the foregoing is a
surnmery of Ordrrence No.6201, whidn ordirhance was k*oduoad at a regular meM of
he
t Counci of the Cdr d Ann hekih an the 1tlh d. d 20" arat was duly
passed and adopted at a regular meeting of said CaurhaT on tN day of January, 2011
by the fonowing ion, CIA wale the members dee
AYES: Mayor Tai; Comwili Members Sldhu, Eastman, Galloway, Mu air -
NOES: NOME
ABSENT. NON:
ABSTAIN: NONE
The above summary is a brief description of the subject matter corned in the te)d of Ur-
dinex No. 620 4, whi ch has been prepared pursuard to �ect� d the Charier of tine provision of the ordim- I
nnancw and wuld not be v as
st substitute f w t of tips oirdinarl.
To obtain a eosoppyy d tAe fug tewa of the acontact narics, please con the Office d the City
Clerk, (714) 765.5166, between 6:00 AM and 5:00 PM, Monday thio+gh Friday. There.is no
charge for the copy:
Publish Anaheim Bullekrh February 3,2011 9331725
PROOF OF PUBLICATION