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6492 ORDINANCE NO. 6492 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CHAPTER 10.06 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE TO ALLOW AWARD OF DESIGN-BUILD PROJECTS ON A WORK ORDER BASIS 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, the City is authorized to undertake design-build projects under Section 1212 of the City Charter and, in furtherance of this charter provision, Chapter 10.06 of Title 10 of the Anaheim Municipal Code contains the regulations for the award, use, and evaluation of design- build contracts; and, WHEREAS, the City desires to leverage the benefits of the design-build and work order processes to better serve residents and businesses within the City of Anaheim. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. The last sentence of Subsection .010 of Section 10.06.060 of Chapter 10.06 of Title 10 of the Anaheim Municipal Code is hereby amended in its entirety to read as follows: "City assumes no responsibility for the costs incurred by any Design-Build Entity in preparation of any Proposal;provided,however,the Public Works Department may, in its sole and absolute discretion, provide compensation to Design-Build Entities for certain Request for Proposals when the Public Works Department determines such compensation would be in the City's best interest." SECTION 2. Subsection .080 is hereby added to Section 10.06.060 of Chapter 10.06 of Title 10 of the Anaheim Municipal Code to read in full as follows: .080 Notwithstanding anything to the contrary in this Chapter 10.06, the. City Council may award master design-build contracts to allow contractors to compete for multiple Public Works Projects on a work order basis, and such work orders shall be awarded by the Public Works Department consistent with the requirements of this Chapter. 1 SECTION 3. 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. SECTION 4. 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 5. 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 6. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect thirty (30) days from and after its adoption by the City Council. // // // // // 2 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Counci l of the City of Anaheim held on the 15th day of September, 2020, and thereafter passed and adopted at a regular meeting of said City Council held on the 29th day of September, 2020, by the following roll call vote: AYES:Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil NOES: None ABSENT: None ABSTAIN: None CITY 11 ANAHEIM //i ,, , ]�vI I !/'�O C I ' 0 ANAHEIM AT CITY CLERK 0 THE CITY OF ANAHEIM CAO# 136699 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No.6492 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 15th day of September, 2020, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 29th day of September, 2020, by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring and O'Neil NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of October, 2020. CITY CLEft< OF THE CITY OF ANAHEIM (SEAL) Anaheim Bulletin PROOF OF PUBLICATION 2190 S.Towne Centre Place Suite 100 Anaheim, CA 92806 Legal No. 0011415369 714-796-2209 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO.6492 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CHAPTER 10.06 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE TO ALLOW AWARD OF DES IGN-BU ILD PROJECTS ON A WORK ORDER BASIS. 5190168 This ordinance amends Chapter 10.06 (Design-Build Contracting for Public Works Proiects) of Title 10 of the Anaheim Municipal Code to allow the City of Anaheim to award Design-Build Master Agreement ANAHEIM,CITY OF/CLERKS OFF contracts to more than one prequalified Design-Build Entity who will 200 S ANAHEIM BLVD STE 217 then be able to compete for public works proiects on a work order basis. ANAHEIM, CA 92805-3820 I,Theresa Bass,City Clerk of the City of Anaheim,do hereby certify that the foregoing is a summary of Ordinance No.6492, which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 15th day of September, 2020 and was duly passed and adopted at a regular meeting of said Council on the 29th day of September,2020 by the following roll call vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel,Barnes, FILE NO. Ord. 6492 Brandman, Moreno, Kring and O'Neil NOES: None AFFIDAVIT OF PUBLICATION ABSENT: None STATE OF CALIFORNIA, ABSTAIN: None SS. The above summary is a brief description of the subject matter contained in the text of Ordinance No. 6492, which has been prepared pursuant to County of Orange Section 512 of the Charter of the City of Anaheim. This summary does not include or describe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,and Published Anaheim Bulletin Oct.8,2020 11415369 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: 10/08/2020 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 Anaheim, Orange County, California, on Date: October 08, 2020. ekraliv„...„Acivryi Signature r.LP1-12115116 1 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6492 and was published in the Anaheim Bulletin on the 8th day of October, 2020, pursuant to Section 512 of the City Charter of the City of Anaheim. 0 — :71.--,,.. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)