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RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK APPROVING DESIGN AND CONSTRUCTION
SERVICES TO SUPPORT THE REGIONAL INTERMODAL
TRANSPORTATION CENTER (RITC) BATTERY ENERGY
STORAGE SYSTEM (BESS) PROJECT, AUTHORIZING
THE BWP GENERAL MANAGER TO NEGOTIATE AND
EXECUTE THE DESIGN-BUILD CONTRACT AS WELL AS
ANY ANCILLARY DOCUMENTS AND AMENDMENTS AS
MAY BE NECESSARY WITH BAKER ELECTRIC &
RENEWABLES LLC, AND AUTHORIZING THE ACTING
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 construction of a BESS at the Hollywood Burbank Airport’s Regional Intermodal Transportation Center (RITC), which will be connected to the utility distribution network. The allowance for a utility owned BESS at the RITC is part of the 2010 update to the Development Agreement for the Hollywood Burbank Airport. The purpose of the design-build services is to design and construct a turnkey BESS that will advance the City’s sustainability goals.
B. On October 25, 2023 , Baker submitted Proposal Documents to City in response to a n RFP to provide design- build services to install Solar at the RITC. The Proposal Documents also included optional pricing for a BESS that will be co -located at the Solar Project. City entered into an agreement with Baker on January 29, 2024 to construct the Solar Project and separately entered into negotiations to include a BESS.
C. Upon completion of negotiations, Baker provided an acceptable updated pricing, and a design-build contract with Baker Electric and Renewables LLC (Baker), is recommended for approval for a proposed amount of $4,360,383. Funding for the project and 5% contingency ($218,019) are available in BWP’s budget. It 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.
D. To complete the execution of the design-build contract, the City authorizes the General Manager of Burbank Water and Power (BWP) to negotiate, finalize, award, and execute a design- build contract with Baker as well as any necessary ancillary documents or amendments for the RITC BESS project. The City further authorizes the BWP Acting Assistant General Manager, Power Supply, or their designee to review and approve the Project plans and specifications for this project.
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E. This design and construction work consists of installing a BESS, it is a component of a solar energy system on the roof of an existing building or an existing parking lot , and as such, the activity is statutorily exempt under (a) the California Environmental Quality Act (CEQA) ( Public Resources Code, § 21080.35) as associated equipment for a solar system on the roof of an existing building, (b) the CEQA Guidelines Section 15301, Existing Facilities, because the BESS project would involve negligible or no expansion of use of the rooftop from an environmental standpoint as it does not increase square footage, (c) the CEQA Guidelines Section 15311 – Class 11, which consists of construction, or placement of minor structures or accessory to (appurtenant to) existing commercial, industrial or industrial facilities since the BESS will be located on top of an existing facility and appurtenant to the solar project and (d) the CEQA Guidelines Section 15061(b)(3)based on its location on an existing structure and its role as storage of electricity, there is no potential for causing an adverse effect on the environment and should satisfy the “common sense” exemption.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The City Council finds that the design and construction work consisting of installing a BESS, as a component of a solar energy system on the roof of an existing building or an existing parking lot, is an activity statutorily exempt under the California Environmental Quality Act (CEQA) (Public Resources Code, § 21080.35).
2. That the General Manager of Burbank Water and Power is authorized to (a) negotiate contract terms for design-build services to support the RITC BESS project substantially on the terms set forth in Bid Schedule No. 1521- BESS Option , and (b) pending successful negotiations subject to approval from the City Attorney’s Office, award and enter into the contract for the design- build services as well as 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. That the Acting Assistant General Manager, Power Supply , or their designee, is authorized to review and in its discretion, to 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 RITC BESS project, and such documents and records shall be maintained in the office of the City Clerk at 275 East Olive Avenue, in Burbank California.
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5. That City staff is directed to file a notice of exemption (NOE) with the California State Clearinghouse, as permitted under CEQA Guidelines Sections 21080.35, that reflects the finding above that this action is exempt from CEQA.
PASSED and ADOPTED this ____ day of July, 2024.
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Nick Schultz
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 July, 2024, by the following vote:
AYES:
NOES:
ABSENT:
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Kimberley Clark, City Clerk