ATTACHMENT 1
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RESOLUTION NO. _______________
A RESOLUTION APPROVING CEQA EXEMPTION FOR
EXISTING FACILITIES AND REPLACEMENT OR
RECONSTRUCTION AND AUTHORIZE THE GENERAL
MANAGER OF BURBANK WATER AND POWER TO
NEGOTIATE AND EXECUTE A PROGRESSIVE DESIGN -
BUILD CONTRACT WITH W. A. RASIC CONSTRUCTION
FOR WATER PIPELINES AND VALVES REPLACEMENT
PROJECT AND DELEGATE AUTHORITY FOR APPROVING
PLANS AND SPECIFICATIONS
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. It is in the interest of the City of Burbank to maintain a high level of service reliability by replacing water infrastructure that near the end of its useful life, and specifically to (1) replace approximately 1,450 feet of pipeline along Upper Country Club Drive, (2) replace approximately 7,950 feet of pipeline along Magnolia Boulevard together with fire hydrants, (3) cleaning and lining approximately 2,500 feet of pipeline along Hollywood Way and (4)replace ten transmission valves (collectively, the “Project”).
B. Given the significant manpower, special equipment, and unique expertise required for the Project, it is in the interest of the City of Burbank to enter into a contract to perform these services.
C. The Project is statutorily exempt from the requirements of California Environmental Quality Act ( CEQA) per Section 15301 (Existing Facilities) in connection with repair and maintenance of existing facilities and Section 15302 (Replacement or Reconstruction) involving replacement or reconstruction of existing facilities . Notice of Exemption (NOE) will be filed with the County Clerk Office.
D. Due to the size and complexity of the Project, it is in the best interest of the City to deliver the Project via the Design/Build approach because (1) this will ensure that the best qualified contractor is selected instead of a low bidder and (2) having one entity responsible for both design and construction will mean that field issues are less likely to occur, and, if they do, will be quickly resolved short ening the time frame for completing the project and reducing construction impacts on businesses and residents.
E. One specific application of the Design/Build approach is the Progressive Design/Build (PD/B), which reduces cost risk because the contract price is finalized after ATTACHMENT 1
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completion of the 60% design.
F. Burbank Municipal Code Section 2-2-11 provides that where the solicitation was design build, or other delivery method, prior to award, the City Council shall waive the requirement for competitive bidding by Resolution finding that it is not in the best interest of the City and award the contract to the proposer offering the Best Value.
G. BWP in close coordination with the City Purchasing Division conducted the Request for Qualification and the Request For Proposal (RFQu & RFP) procurement per the city purchasing procedures. Five Statement of Qualifications (SOQ) were received.
The SOQs were reviewed, evaluated and two companies were shortlisted based on the qualitative factors such as: project understanding, experience, and financial strength. The two shortlisted companies were invited to submit their technical and cost proposals. The technical and cost proposals were reviewed and scored based on their approach to execute the project, key personnel, schedule, interviews, and cost.
H . A proposal received from W . A. Rasic Construction Company was determined to be the Best Value based on the scoring of the RFP.
I. To complete the execution of the PD/B contract, the City desires to authorize the General Manager of Burbank Water and Power to (a) negotiate contract terms for the Progressive Design/Build Pipeline Project and (b) pending successful negotiations subject to approval from the City Attorney’s Office, award and enter into the contract for the Progressive Design/Build Pipeline Project as well as enter into any ancillary documents and amendments as may be approved by the City Attorney’s Office but only to the extent the applicable funds are available and budgeted
J. Funding for this project in the amount $7,650,000 is available in the BWP’s approved budget.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The City Council exercises its independent judgment and finds that the project is categorically exempt from the requirements of California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction).
2. The General Manager of Burbank Water and Power, as designee of the City Manager, is authorized to (a) negotiate contract terms for the Progressive Design/Build Contract for the Project with W . A. Rasic Construction Company and (b) pending ATTACHMENT 1
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successful negotiations subject to approval from the City Attorney’s Office, award and enter into a Progressive Design/Build Contract for the Project with W . A. Rasic Construction Company as well as enter into any ancillary documents and amendments as may be approved by the City Attorney’s Office but only to the extent the applicable funds are available and budgeted.
3. The City Council approves the delegation of authority to the General Manager of Burbank Water and Power, or their designee, to review and in its discretion, to approve the Project plans and specifications.
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 September 2023.
____________________________
Konstantine Anthony
Mayor
Attest:
Approved as to Form
Office of the City Attorney
______________________________ By: _________________________ Kimberley Clark, City Clerk Christopher Chwang Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, 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 September 2023, by the following vote:
AYES:
NOES:
ABSENT:
______________________________
Kimberley Clark, City Clerk