5815ORDINANCE NO. 5815
AN ORDINANCE OF THE CITY OF ANAHEIM
ADDING CHAPTER 10.06 TO TITLE 10 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO
DESIGN -BUILD CONTRACTING
WHEREAS, design -build contracting, by obtaining project engineering, procurement and
construction services from one entity, results in significant cost and schedule savings over
present methods of public works contracting in which design and construction services must be
procured sequentially from different entities by shifting the liability and risk of cost containment
and timely, on -budget project completion to the design -build entity; and
WHEREAS, the Legislature has established standards to guide public entities in engaging
in design -build contracting for large public works projects in legislation authorizing designated
cities and counties to utilize design -build methodology; and
WHEREAS, Public Contracts Code section 1100.7, which became effective on January 1,
2002, specifically permits charter cities to substitute their own public works contracting
procedures for those set forth in the Public Contracts Code upon enactment of an ordinance to
that effect; and
WHEREAS, section 1211 of the Charter of the City of Anaheim permits the City
Council to except projects involving the transmission and distribution systems of the Anaheim
Public Utilities Department to be excepted from the bidding procedures applicable to other
public works projects; and
WHEREAS, application of design -build methods to large utility projects such as
electrical substations and major water system improvements maximizes the benefits from such
procedures while maintaining traditional bidding methods for smaller projects in which the
benefits of design -build construction are less compelling; and
WHEREAS, the staffs of the Public Utilities and Public Works Departments possess the
necessary skill and expertise to manage a design -build, turnkey project of the size contemplated,
NOW, THEREFORE, the City Council of the City of Anaheim does ordain as follows:
Section 1. That anew Chapter 10.06 be, and the same is hereby is, added to Title 10 of
the Anaheim Municipal Code to read as follows:
"CHAPTER 10.06
DESIGN -BUILD CONTRACTING BY THE PUBLIC UTILITIES DEPARTMENT
10.06.010 DEFINITIONS
The following definitions shall apply for purposes of this Chapter unless the context
specifically indicates otherwise:
"Best Value" means a value of the goods and services provided under a design -build
contract determined from analysis of objective criteria, established in advance of the design -build
procurement process, which may include, but need not be limited to, price, features, function,
life cycle costs, experience of a design -build entity and other criteria for evaluation deemed
appropriate by the City.
"Design -Build" means a procurement process in which both the design and the
construction of a project are procured from a single entity.
"Design -Build Entity" means a partnership, corporation, or other legal entity that is able
to provide appropriately licensed contracting, architectural, and engineering services as needed
pursuant to a design -build contract.
10.06.020 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 projects of the Public Utilities Department the estimated cost of which exceeds
five million dollars ($5,000,000.00). Any Code, ordinance or procedure in conflict with the
foregoing authorization is hereby specifically superseded.
10.06.030 MONITORING OF DESIGN -BUILD PROJECTS
Prior to soliciting or advertising for bids on a design -build project, the General Manager
of the Public Utilities Department shall inform the City Council of his or her intent to utilize
design -build procedures on such project. The notification shall include the nature of the project,
the estimated cost of the project, the projected schedule of the project, major manufactured
components to be procured by the contractor, the general criteria for evaluating bids from
prospective contractors and any other information which may be requested by the City Council.
Any contract for design -build construction of a qualifying project shall be approved by the City
Council. Approval of such design -build contract shall require the affirmative votes of a majority
of the total members of the City Council, and such approval shall constitute the authorization
required by Section 1211 of the City Charter excepting the project from the public bidding
requirement of such charter provision.
10.06.040 PREQUALIFICATION OF BIDDERS ON DESIGN -BUILD PROJECTS
The Public Utilities Department shall, in cooperation with the Public Works Department,
establish a procedure to prequalify design -build entities using a questionnaire to be developed by
the departments involved. The questionnaire may be developed after consultation with
representatives of the construction and design industry. The information solicited by such
questionnaire may include data regarding prior serious or wilful violations of state safety or labor
laws, prior instances of default on similar contracts, violations of the Contractor's State License
Law, prior litigation between a design -build entity or any member thereof with the owner of any
public work in the previous five year period, experience of the design -build entity or the
members thereof on similar projects, procedures for subcontracting any part of the project,
applicable personnel and financial resources and other criteria deemed by the City to be relevant
to the project.
10.06.050 AWARD OF DESIGN -BUILD CONTRACT
The City may contract for the services of a design professional or construction expert to
assist in the evaluation of prequalification questionnaires or bid documents if deemed necessary
to augment exiting resources. Upon evaluation by the City of the bids received from the
prequalified bidders based on the criteria set forth in the bid documents, the design -build contract
shall be awarded to the prequalified design -build entity which provides the Best Value, as
defined above, to the City."
Section 2. Effective Date
This ordinance shall take effect thirty (30) days from and after its enactment.
Section 3. Publication
The City Clerk shall certify to the passage of this ordinance and shall cause the same to
be printed once within fifteen (15) days of its passage in the Anaheim Bulletin, a newspaper of
general circulation published and circulated in said City.
Section 4. Savings Clause
Neither the adoption of this ordinance nor amendment of any other ordinance of the City
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 relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
Section 5. Severability
If any section, subsection, sentence, clause, phrase 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 or portion thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions have been declared invalid or unconstitutional.
THE FOREGOING ORDINANCE is approved an adopted by the City Council of the
City of Anaheim at its regular meeting this 6th day of August
2002.
Mayo of Tie City4o Anaheim
attest:
44621.2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5815 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 23rd day of July, 2002, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 6th day of August, 2002, by the following vote of
the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS
(SEAL)
None
ITY CLE K OF tHE CITY OF ANAHEIM.
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
SS�
County of Orange ) {J
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:
August 15, 2002
"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
August 1 , 2002
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OF PUBLICATION
ORDINANCE NO. 5815
AN ORDINANCE OF THE CITY OF ANALIM
To
�IEANARMMilOM�1lI{,NIOOIf�
5; (fir 96"6uifi! bontractirtp, by.obtalydng project rement arad
eptly lissukeltayarfia�gcpa!, _!tic odutesa ovary
�_. Present m�todsucf oub,
from one
WHEREAS, the Legislature has established standards to guide public amities in engegtr�g in design -build contra�ng for
large public Works projects in legislation authorizing designated cities and counties to utllize design -build metha4gtogy;
and
WHEREAS, Public Contracts Code section 1100.7, which became effective on January 1, 2002, specifically permljAzharter
cities to substitute their own public works contracting procedures for those set forth in the Public Contracts Code gpon en
actment of an ordinance to that effect; acrd
WHEREAS, section 1211 of the Charter of the City of Anaheim permits the City Council to except projects involving fire
transmission and distribution systems of the Anaheim Public Utilities Department to be excepted from the bidding prece-
duras applicable to other public works projects; and
WHEREAS, application of design -build methods to large utility projects such as electrical substations and major wader sys
g -
tem improvements maximizes the benefits from such procedures whils,maintaining tradkbnal bidding methods for smaller
projects in which the benefits of deaign-build,carotruction are less compelling; and
r
WHEREAS, the staffs of the Public Utjtities'and Public Works Departments possess the necessary skill and expertise to
manage a design -build, turnkey project of the size contemplated,
NOW, THEREFORE, the City Council of the City of Anaheim does ordain as follows
Sectionl. That
cad as follows: a new Chapter 10.06 be, and the same is hereby is, added to Title 10 Gft111le Anaheim Municipal Code to
"CHAPTER 10.06
DESIGN -BUILD CONTRACTING BY THE PUBLIC UTILITIES DEPARTMENT
10.D6.010 DEFINITIONS
The following definitions shall apply for purposes of this Chapter unless the context specifically indicates otherwise.
"Best Value" means a value of the goods and services provided under a design -build contract determined frorr analysis
of objective criteria, established in advance of the design -build procurement process, which may include, but need not
I
be limited to, price, features, function, life cycle costs, experience of a design -build entity grid other criteria for evaluation
deemed appropriate by the City.
"Design -Build" means a procurement process in which both the design and the construction of a project are procured
from a single entity.
"Design -Build Entity" means a partnership, corporation, or other legal entity that is able to provide appropriately licensed
contracting, architectural, and engineering services as needed pursuant to a design -build contract.
10.06.020 DESIGN -BUILD PROCUREMENT AUTHORIZED
Notwithstanding any provision to the contrary in the California Public Conlaacts Code or in any other ordinance or
procedure of the City of Anaheim, the use of design -build procurement is Authorized for p qt the public Utilities
Department the estimated cost of which exceeds five million dollars ($5,000;000.00). Any ciect ordinance c UtIli ure
n conflict with theeoregoing authorization is herebyspec'rfically superseded.
10 06.030 MONITORING OF DESIGN -BUILD PROJECTS
Prior to soliciting or advertising for bids on a design -build project, the General Manager of the Pubk Utilities Department
shall inform the City Council of his or her intent to utilize design -build pr res on such project, The notification shall
include the nature of the project, the estimated cost of the project, the p schedule of th pprr major
manufactured components to be procured by the contractor, the generaleriteris for evaluating bfdefrom prospectiire
contractors and any other information which may be requested by theCHy uracil. Any contract for desigmbuild
construction of a qualifying project shall be approved by the City Councif. Approval of such design -braid contract shall
require the affirmative votes of a majority of the total members of the City Council, and such ashell constitute the
authorization required by Section 1211 of the City Charter excepting the project from the public requirementoT
such charter provision.
10.06.040 PREOUALIFICATION OF BIDDcRS ON DESIGN -BUILD PROJECTS
The Public Utilities Department shall, in cooperation with the Public Works nt, establish a procedure to
prequel�'fy design -build entities using a questionnaire to be developed by kMi�rfinents InvoAtid. The questionnaire
may be developed after consultation With representabvea of the construcfjEfn and design indgsll The information
prior led by such questionnaire may Include data regardltp onor serious pr wilful violations of state safety or labor laws,
prior instances of default on similar contracts, violations o Contractors State License Law, prior Iftlyation between a
design-build'errity or any member thereof with the owner of any public work in the previous five year period, experience
of the design -build entity or the members thereof on similar projects, procedures for subcontracting any part of the
project, applicable personnel and financial resources and other criteria deemed by the City to be relevant to the project.
10.06.050 AWARD OF DESIGN -BUILD CONTRACT
The C'lt yI mayy contract for the services of a design professional or construction expert to assist in the evaluation of
Preq ity of tiara questionnaires or bid documents if deemed necessary to mautggmilnt exiling reaourose. Upon evaluation by
the City of the bids received from the prequalified bidders based on the cattalos pw forth in the hid � ;tile design -
build the ntract shall be awarded to the ptagUatifiied design -build entity which prgirides the Best Vane, all darmid above,
City.*
Section 2. Effective Date
rhis ordinance Shall take effect thirty (30) days from and after its enactment.
Section 3. Publication
rhe City Clerk shall certify to theof this ordinance and shall cause thisiwr>e to be printed once within fifteen (15)
lays of its passage in the Anaheim Bu in, a newspaper of general circulation published and circulated in said City.'
Section 4. Savings Clause
Jedher the adoption of this ordinance nor amendment of arty other ordinance of the City shall inmaer affect the
nosecution for violations of ordinances, which violations were committed prior to the effecti0e date nor be
:onstrued as a waiver of any tax, license or pen or of the penal provisions applicable to any violations thereof. The
novisions of this ordinance, Insofar as they are substantially the same as ordinance provisions previously adopted by the
;ity relating to the same subject matter, shall be construed as restatements and continuations, and not as new
enactments.
Section 5. Severability,
any section, subsection, sentence, clause, phrase or portion of this ordinanceII¢s or any reason held to be invalid or
smairariconsit"onal by the decision of any court of competent jurisdiction, such inve�giy shalt not atfeetthe vafidky of the
rig portiprfs of this ordinance. The City Council of the City of Anaheim he
is ordinance and each remaining section, declares that q would have adopted
on, subsection, sentence, clause phratievor portion thereot irraspective of the fact
iat any one or more sections, subsections, sentences, clauses, phrases or tlortlbrrs'frave been deeiared Invalid or
nconstitur lohal.
HE sE FOREGOING ORDINANCE is approved an adopted by the City Council of the City of Anaheim at its regular meeting
day of August, 2002.
layor i g i(yof A efm '
Rest:
Js/
Ity Clerk
Introduced JWy 23, 2002
AYES:MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Daly, Tait,
McCracken
NOES: MAYOR/COU IL EM None
ABSENT: MAYOR/=IME::-None
Publish: Anaheim Bulletin
5, 2002 _,