ATTACHMENT 1
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RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK AUTHORIZING THE GENERAL MANAGER OF
BURBANK WATER AND POWER, AS DESIGNEE OF THE
CITY MANAGER, TO EXECUTE A DESIGN -BUILD
AGREEMENT WITH A RB, INC. FOR THE LAKE ONE
POWER PLANT EMISSIONS RETROFIT PROJECT , BID
NO. 1505, AND AUTHORIZING THE GENERAL
MANAGER OR HER DESIGNEE TO APPROVE PLANS
AND SPECIFICATIONS OF THE DESIGN -BUILD
AGREEMENT TO RETAIN DESIGN IMMUNITY
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. The Lake One Power Plant (LOPP) is required to comply with new emissions regulations on and after January 1, 2024, and, as a result, Burbank Water and Power (BWP) is proposing a project to retrofit the emissions control system at the LOPP (the “Project”).
B. The LOPP is essential in maintaining the reliability of Burbank’s electric system as it balances load swings inherent to renewable resources. In addition, it is a local resource and does not rely on long distance transmission, enhancing its role as a reliability backstop.
C. The design- build project method has gained favor in the construction industry because it facilitates the coordination of civil, structural, mechanical, and electrical engineering in all phases of the project design and construction, minimizes change orders through early collaboration between design and construction disciplines, and re-allocates design liability, project management and other risks from the City to the selected contractor.
D. As a result, BWP desires to utilize a design- build project delivery to complete the retrofit of the Project. The design-build method is both appropriate for this Project and in the best interests of the City due to the benefits outlined above. Upon completion of a competitive Request for Proposal process for the Project (also referred to as Bid Schedule No. 1505), a contract with ARB, Inc. is recommended for approval in the amount of $ 2,076,562. Funding for the project and a 5% contingency ($101,203) are available in BWP's budget.
E. Furthermore, because final plans and specifications for the Project have not been completed, the City Council delegates the obligation to review and approve the Project plans and specifications to the BWP General Manager, or her designee.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The Project is categorically exempt pursuant to Section 15301 of the State A1-2
CEQA Guidelines. Pursuant to Section 1205 of the Burbank Charter and Municipal Code Section 2- 2-116, the City Council hereby approves performing the Project using the design- build method of project delivery.
Accordingly, the City Council hereby waives the traditional competitive bidding process as outlined in Burbank Municipal Code Section 2-2-116 as it is determined that the design- build project delivery method is in the best interests of the City.
2. The contract documents between the City and A RB, Inc. for the design, procurement, and construction of the LOPP Emissions Retrofit Project are approved. The General Manager of Burbank Water and Power is authorized to enter into the contract, as well as enter into any amendments, but only to the extent the applicable funds are available and budgeted.
3. Council approves the delegation of authority to the General Manager, or her designee, to review and at her discretion, approve the Project plans and specifications prior to the issuance of a building permit.
4. The City Clerk shall be the custodian of all documents and records which constitute the record of proceedings for the Project, and such documents and records shall be maintained in the office of the City Clerk at 275 East Olive Avenue, in Burbank, California.
PASSED and ADOPTED this _____ day of June, 2022.
_______________________________
Jess A. Talamantes
Mayor
Attest: Approved as to Form:
Office of the City Attorney
____________________________ By: ________________ Zizette Mullins, MMC, City Clerk Joseph H. McDougall City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Zizette Mullins, MMC, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Zizette Mullins, MMC, City Clerk