1 RESOLUTION NO. 25-29,603
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK APPROVING CONTRACT DOCUMENTS,
PLANS AND SPECIFICATIONS, AND AUTHORIZING
EXECUTION OF A CONTRACT FOR BID SCHEDULE NO.
1533A – CITY HALL FOUNTAIN RESTORATION AND
MODERNIZATION WITH ARC CONSTRUCTION INC.
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. Under Burbank Municipal Code Section 2-2-116, public works construction contracts may be awarded by the City Council after a formal bidding procedure and after compliance with the California Environmental Quality Act (CEQA).
B. On or about January 15, 2025, the City issued Bid Schedule No. 1533 City Hall Fountain Restoration and Modernization Project (Project) and received no bids at bid opening due to limited contractors that hold the required C53 - Swimming Pool Contractor license.
C. Pursuant to Burbank Municipal Code Section 2- 2-116(F), if no bids are received, the Purchasing Manager, with the approval of the City Manager, may proceed to have the public works construction project done without further competitive bidding.
The City Council also finds that dispensing with further competitive bidding is in the best interest of the City in accordance with Burbank City Charter Section 1205.
D. Staff identified ARC Construction Inc. (ARC) as the contractor with the requisite qualifications and demonstrated successful experience to deliver the Project , and recommends that Council award the Project to ARC.
E. The Contract Documents for the City Hall Fountain Restoration and Modernization Project, Bid Schedule No. 1533 have been renumbered as Bid Schedule No. 1533 A. The Project Plans and Specifications are on file at the Public Works Department and the City Council Office. The City Council has reviewed and considered the Plans and Specifications for the City Hall Fountain Restoration and Modernization Project, Bid Schedule No. 1533A.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The Contract Documents consisting of Notice Inviting Bids, Instructions to Bidders, Bidder's Proposal, Addendum(s), Bidder's Performance and Payment Bonds, Agreement, City of Burbank Additions and Amendments to the Standard Specifications for Public Works Construction, Special Provisions , and Plans and Specifications for Bid Schedule No. 1533A, the City Hall Fountain Restoration and Modernization Project (collectively, the Contract Documents) are on file in the Public Works Department and City Council Office, are approved and adopted as the Contract Documents, Bid Schedule 25-29,603
2 No. 1533A, subject to final review and approval with changes as may be deemed necessary by the City Attorney.
2. The City Council has reviewed and considered the Plans and Specifications for the City Hall Fountain Restoration and Modernization Project, Bid Schedule No. 1533A, and approves the Plans and Specifications. The Public Works Director, or his designee, is authorized to approve any changes to the Plans and Specifications.
3. The selected contractor for the City Hall Fountain Restoration and Modernization Project, in accordance with Bid Schedule No. 1533A and Burbank Municipal Code Section 2- 2-116(F), is ARC Construction Inc. , whose address is 3624 Foothill Bl., #2, La Crescenta CA, 91214, and whose total lump-sum price of $988,112 is set forth in the Bidder's Proposal included in the Contract Documents, on file in the Purchasing Division. Reference is made to these Contract Documents for further particulars.
4. This Project is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to California Code of Regulations, Title 14, Sections 15301, 15302, and 1533 1. Section 15301 exempts activities involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features, involving negligible or no expans ion of existing or former use; Section 15302 exempts activities pertaining to replacement or reconstruction of existing structures and facilities, where the new structures and facilities will be located on the same site and will have substantially the same purpose and capacity as the structures and facilities being replaced; and Section 15331 exempts activities consisting of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consist with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995) , Weeks and Grimmer. The Project will be restoring an existing fountain and will involve negligible or no expansion of capacity.
5. The total Project budget for Bid Schedule No. 1533A shall be $1,185,735, which includes a 15% contingency in the amount of $ 148,217, and 5% for potential construction schedule escalation in the amount of $49,406 . Any adjustment in the Contract Price or Contract Time shall be agreed to, in writing, through a change order.
25-29,603
3 6. The City Manager or h is designee is authorized to execute all necessary Contract Documents under Bid Schedule No. 1533A , and future change orders (if any) up to the amount budgeted for the work under Bid Schedule No. 1533A , as may be approved by the City Attorney, and the City Clerk is authorized to attest.
PASSED and ADOPTED this 8th day of April, 2025.
_s/Nikki Perez_______________
Nikki Perez
Mayor
Approved as to Form
Attest: Office of the City Attorney
_s/Kimberley Clark____________ _s/Catherine Kim_____________ Kimberley Clark, City Clerk Catherine Kim
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 8th day of April, 2025, by the following vote:
AYES: Anthony, Mullins, Rizzotti, Takahashi, and Perez.
NOES: None.
ABSENT: None.
_s/Kimberley Clark_____________
Kimberley Clark, City Clerk