1 STAFF REPORT
DATE: April 8, 2025
TO: Justin Hess, City Manager
FROM: Ken Berkman, Public Works Director
BY: Damian Skinner, Assistant Public Works Director
SUBJECT: Adoption of a Resolution 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.; Finding of CEQA Exemption (14 CCR §§ 15301, 15302, and 15331).
RECOMMENDATION
Adopt 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. 15 33A – CITY HALL
FOUNTAIN RESTORATION AND MODERNIZATION WITH ARC CONSTRUCTION INC.
BACKGROUND
Burbank City Hall, located at 275 East Olive Avenue, was listed in the National Register of Historic Places and the California Register of Historical Resources in 1996 because of its historical significance and association with the post -World War II era of accelerated growth. The City Hall Fountain (Fountain) is located at the main entrance to City Hall, facing Olive Avenue. Architects William All en and George W. Lutzi designed the City Hall’s classic Moderne style building and decorative fountain in 1941, and the building continues to be the administrative center of the City since its completion in 1943.
In 2022, the State of California enacted water conservation regulations in response to severe drought conditions. The fountain was turned off approximately three years ago as a water conservation measure. As a first step to restore the fountain’s functionality, Burbank Water and Power completed a recycled water main extension project on Third
PUBLIC
WORKS
2 Street from Orange Grove Avenue to Olive Avenue in May 2023. In Fiscal Year (FY) 2023-24, a Capital Improvement Project (Project) was created to modernize the fountain to use recycled water instead of potable water, and to restore its physical appearance.
Since City Hall and its fountain are designated as a historic resource, Burbank Municipal Code § 10-1-928(B)(2) requires the Heritage Commission to approve any alterations or repairs to a historic resource prior to issuance of building permits . The Heritage Commission considered the Project at its August 21, 2024, meeting and found that it would not affect the significance and value of the Designated Historic R esource and would be categorically exempt under the California Environmental Quality Act (CEQA) Guidelines.
This Project will make the fountain operational and restore its physical appearance. Work will include:
• I nstallation of new fountain hydraulics and lighting systems • C onstruction of a new pump station and subterranean vault that will be concealed under the planter area in front of the west wing of City Hall • I mproved waterproofing
• R epair of the damaged tile, plaster, and decorative features, including the glazed terracotta fish weir and spouts.
• The fountain will also be replumbed to use recycled water instead of potable water.
DISCUSSION
Bid Schedule No. 15 33 was advertised on the City’s PlanetBids online platform from January 15, 2025, to February 19 , 202 5, and request ed bids from contractors that possessed a valid class C53 – Swimming Pool Contractor license at the time that the contractor submitted the bid. The C53 license is required for installing the type of pumps and related equipment found in pools and fountains. Additionally, Bid Schedule No. 1533 was advertised in the Los Angeles Times on January 15, 2025 and January 22, 2025.
A mandatory pre- bid meeting was held on January 29, 2025, at City Hall and was attended by five prime contractors. The bid opening was held on February 19 , 2025; however, no bids were received due to limited contractors that hold the required C53 – Swimming Pool Contractor license.
If no bids are received, Burbank Municipal Code § 2-2- 116(F), allows the City’s Purchasing Manager to proceed to have the Public Works c onstruction project done without further competitive bidding with the approval of the City Manager. Since no bids were received through the competitive process, staff was permitt ed to negotiate with a contractor that has the proper licensing and experience to complete the Project. Staff 3 reached out to ARC Construction Inc. (ARC) because the company has the requisite qualifications and demonstrated successful experience to deliver the Project . ARC submitted a proposal in the amount of $988,112, which is within the overall Project budget.
The Bid Schedule number changed from 1533 to 1533A to show that the original competitive bid solicitation was unsuccessful, and a contract is being awarded through negotiation under Burbank Municipal Code § 2-2-116(F). With Council’s approval of the contract award and subsequent prompt contract execution and issuance of a Notice to Proceed, ARC will have 120 calendar days to complete the Project; however, staff will work with the contractor to compress the construction schedule to 90 calendar days , which, barring any unforeseen conditions that cause delays beyond staff or contractor control, would allow the Fountain to be operational by July 31, 2025.
ENVIRONMENTAL REVIEW
Staff recommends Council find the Project Categorically Exempt from environmental review under California Code of Regulations, Title 14, §§ 15301, 15302, and 1533 1. §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 expansion of existing or former use . §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. § 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 Guidelin es 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.
FISCAL IMPACT
The projected construction cost for this Project is $1,185,735 (construction bid of $988,112 with a 15% construction contingency of $148,217, plus 5% for potential construction schedule escalation of $49,406). $1,385,735 is available in the project account 534.PW33A.70019.0000.24827 (City Hall Fountain Restoration and Modernization).
The original construction estimate for FY 2023-24 was $505,000. With completion of design that fiscal year, the construction estimate was increased to $773,500 in April 2024 for FY 2024-25. ARC submitted a proposal of $988,112 which is $214 ,612 above the estimate. In addition to unanticipated inflationary pressures on construction since April 4 2024, the higher bid cost is due to the specialized nature of the work and limited competition available from properly licensed and qualified contractors who can install complex mechanical, electrical and plumbing systems in a subterranean environment and restore a historical water feature - all adjacent to an active, publicly accessible municipal facility. While known, the impacts of these complexities were not fully accounted for in the original and revised construction estimates.
CONCLUSION
Staff respectfully recommends that Council adopt the attached resolution to approve the contract documents and authorize execution of a construction contract, subject to review and approval by the City Attorney, for Bid Schedule No. 15 33A – City Hall Fountain Restoration and Modernization Project with ARC and find the adoption of the resolution categorically exempt from CEQA.
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Dispense with Bidding Memo