Chapter 10.06 — DESIGN-BUILD CONTRACTING FOR PUBLIC WORKS

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. (Ord. 6201 §1 (part); January 25, 2011.)

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.

.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. (Ord. 5815 §1 (part); August 6, 2002: Ord. 6201 § 1 (part); January 25, 2011.)

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. (Ord. 5815 §1 (part); August 6, 2002: Ord. 6201 § 1 (part); January 25, 2011.)

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. (Ord. 5815 §1 (part); August 6, 2002: Ord. 6201 § 1 (part); January 25, 2011.)

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.

.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. (Ord. 6201 § 1 (part); January 25, 2011.)

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; provided, however, 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.

.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 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.

.080 Notwithstanding anything to the contrary in thisChapter 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.

(Ord. 5815 § 1 (part); August 6, 2002: Ord. 6201 § 1 (part); January 25, 2011: Ord. 6492 §§ 1, 2; September 29, 2020.)