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Smart Voter
Orange County, CA November 2, 2010 Election
Measure J
Use of Design-Build Procurement for Public Works Projects
City of Anaheim

Charter Amendment - Majority Approval Required

Pass: 38,404 / 64.4% Yes votes ...... 21,268 / 35.6% No votes

See Also: Index of all Measures

Results as of Jan 6 2:58pm, 100.0% of Precincts Reporting (177/177)
55.4% Voter Turnout (898,205/1,621,934)
Information shown below: Impartial Analysis | Full Text
Impartial Analysis from Cristina L. Talley
City Attorney
Section 1211 of the Anaheim City Charter provides that, with certain exceptions described below, every contract involving an expenditure in excess of the amount specified in Division 2, Part 3, Chapter 1, Article 4 of the Public Contracts Code of California, as that may be amended, for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds, shall be let to the lowest responsible bidder after notice. Currently the amount specified in the Public Contracts Code is Five Thousand Dollars ($5000.00). Under Section 1211, the City must design the project, solicit bids for the construction of the project and then award the construction of the project to the lowest responsible bidder. This process is sometimes referred to as the, "design-bid-build" method of project delivery.

The exceptions to the design-bid-build requirement set forth in Section 1211 are as follows: 1) projects for the extension, replacement or expansion of the transmission or distribution system of Anaheim's public utilities, 2) public works projects which cost less than Fifty Thousand Dollars ($50,000.00), where the City Council determines that the work in question may be performed better or more economically by the City with its own employees; and 3) public works projects deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and which are authorized by an affirmative vote of at least two-thirds of the total members of the City Council.

This measure would add Section 1212 to the Anaheim City Charter to allow the use of design-build procurement for public works contracts. This method of delivery would allow the City to contract for the design and construction services with a single entity, rather than designing the project first, and then soliciting bids for the construction of the project.

This measure requires the City Council to establish by ordinance, regulations for the award, use and evaluation of design-build contracts for the construction of public works projects.

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Full Text of Measure J
That new Section 1212 be, and the same is hereby, added to the Charter of the City of Anaheim, to read as follows:


Notwithstanding any provision to the contrary in the California Public Contracts Code, in Section 1211 of the Anaheim City Charter, or any other law or regulation of the State of California or the City of Anaheim, the use of design-build procurement by competitive negotiation is authorized. The City Council shall, by ordinance, establish regulations for the award, use and evaluation of such design-build contracts, in which the design and construction of public works projects are procured from a single entity.

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Created: January 6, 2011 14:58 PST
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