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RESOLUTION NO. _______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK APPROVING DESIGN AND CONSTRUCTION
SERVICES TO SUPPORT THE IRON- FLOW BATTERY
PROJECT, AUTHORIZING THE BWP GENERAL
MANAGER TO NEGOTIATE AND EXECUT E THE
DESIGN-BUILD CONTRACT WITH WE O’NEIL
CONSTRUCTION CO. OF CALIFORNIA AND
AUTHORIZING THE ASSISTANT GENERAL MANAGER
(POWER SUPPLY) TO APPROVE PLANS AND
SPECIFICATIONS.
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. It is in the interest of the City of Burbank to solicit design-build services to support the integration of an ESS iron-flow battery with the utility distribution network. The ESS iron -flow battery is part of an American Public Power Association Demonstration of Energy and Efficiency Development ( APPA DEED ) Grant- funded pilot project that City Council approved on May 24, 2022. The purpose of the design- build services is to design and construct electrical and civil site preparation to integrate the ESS iron-flow battery with the speed and efficiency to complete such work in accordance with the APPA DEED Grant fund requirements and timelines.
B. Upon completion of a pre-qualified competitive Request for Proposal process for the Project (also referred to as Bid Schedule No. 1518 ), a design-build contract with WE O’Neil Construction Co. of California is recommended for approval in an amount of $296,169. Funding for the project and 10% contingency ($29,617) are available in BWP's budget. WE O’Neil Construction Co’s proposal was the only complete and responsive proposal for this project. As such, it was the best value proposal that is in the best interest of the City to select , and in accordance with Burbank Municipal Code Section 2- 2-116, any traditional competitive bidding process is waived.
C. To complete the execution of the design-build contract, the City desires authorize the General Manager of Burbank Water and Power (BWP) to negotiate, finalize, award, and execute a design- build contract with WE O’Neil Construction (WE O’Neil). The City further desires to authorize the BWP Assistant General Manager, Power Supply , or their designee to review and approve the Project plans and specifications for this project.
D. This design and construction work consists of minor alteration of existing public structures, facilities, and mechanical equipment, involving negligible or no expansion of existing or former use. As such, the activity is categorically exempt under the Cal ifornia Environmental Quality Act (CEQA) Guidelines and no ATTACHMENT 1
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exceptions apply (14 CCR §§ 15300.2; 15301).
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. That the General Manager of Burbank Water and Power is authorized to (a) negotiate contract terms for design- build services to support the ESS iron- flow battery project substantially on the terms set forth in Bid Schedule No. 1518, and (b) pending successful negoti ations subject to approval from the City Attorney’s Office, award and enter into the contract for the design- build services 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.
2. That the Assistant General Manager, Power Supply , or their designee, is authorized to review and in its discretion, to approve the p roject plans and specifications prior to the issuance of a building permit.
3. 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.
4. That City staff is directed to file a notice of exemption (NOE) with the California State Clearinghouse, as permitted under CEQA Guidelines Sections 15061 and 15062, that reflects the finding above that this action is exempt from CEQA.
PASSED and ADOPTED this ____ day of August 2023.
___________________________
Konstantine Anthony
Mayor
Attest: Approved as to Form
Office of the City Attorney
____________________________ _____________________________ Kimberley Clark, City Clerk Joseph H. McDougall
City Attorney
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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 August 2023, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, City Clerk