City Council

13.\nDetermine that the proposal submitted by Aubrey Silvey Enterprises, Inc. is the most\nadvantageous to the City; award a Design-Build Agreement in substantial form, to Aubrey Silvey\nEnterprises, Inc., in the amount of $51,382,062, plus a 10% contingency, to design and construct\nthe Vermont Substation Expansion Project; waive any irregularities in any of the proposal\ndocuments; determine that the project and all related construction activities associated therewith\nare categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to\nCEQA Guidelines (California Code of Regulations, Title 14, Chapter 3) Sections 15301(b),\n15302(c), 15303(d)-(e), 15304, and 15332; and further determine that none of the exceptions to\nthe categorical exemptions set forth in CEQA Guidelines Section 15300.2 apply; authorize the\nDirector of Public Works, or designee, to execute the Design-Build Agreement and all related\ndocuments, including cost-neutral amendments and take all the necessary actions to implement\nand administer the agreement; authorize changes to the Agreement that do not materially change\nthe terms and conditions of the Agreement, as determined by the City Attorney’s Office, and\nauthorize the Risk Manager to approve changes to the insurance, indemnification, and liability\nprovisions of the Agreement as long as the changes are in Anaheim’s best interest, and authorize\nthe Finance Director to execute the Escrow Agreement pertaining to contract retentions in\naccordance with Public Contract Code section 22300.