ATTACHMENT 1
1 RESOLUTION NO. _________
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. 1527 – 2023-24
ANNUAL RESIDENTIAL PAVEMENT REHABILITATION
PROJECT TO TORO ENTERPRISES, INC.
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. Under Burbank Municipal Code Section 2-2-116, public works construction contracts must be awarded by the City Council after a formal bidding procedure and after compliance with the California Environmental Quality Act (CEQA).
B. Pursuant to notice provided according to law, bids for Bid Schedule No. 1527, 2023-24 Annual Residential Pavement Rehabilitation Project (the “Project”) have been received, publicly opened, declared, and evaluated.
C. The City Manager reports that the lowest bidder, Calmex Engineering, Inc., is requesting to withdraw their bid due to an error made by the bidder, pursuant to Public Contract Code Section 5103.
D. The City Manager reports that the next lowest responsive and responsible bid for the Project was received from Toro Enterprises, Inc., that the bid is as set forth below, and recommends that the bid be accepted.
E. The Plans and Specifications for the Project 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 Project, and approves the Plans and Specifications (hereafter “Plans and Specifications”).
F. Under the State CEQA Guidelines, 14 CCR §15301, the operation, repair, maintenance, and minor alteration of existing public structures, facilities, that involve negligible or no expansion of existing or former use, is exempt from further environmental review. Here, the activity involves repaving and maintenance of existing streets, so they can continue to be used for public right of way purposes, and there are no exceptions or unique circumstances that apply that would affect the application of this ex emption.
Accordingly, no further environmental review is necessary.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The Contract Documents consisting of all the documents within Bid Schedule No. 15 27, including but not limited to the Notice Inviting Bids, Instructions to Bidders, Bidder's Proposal, Bidder's Performance and Payment Bonds, Agreement, City of Burbank Additions and Amendments to the Standard Specifications for Public Works ATTACHMENT 1
2 Construction, Special Provisions, Plans and Specifications , and Appendices for the Project, all of which Contract Documents are on file in the Public Works Department and City Council Office, are approved and adopted as the Contract Documents, Bid Schedule No. 1527 with such non-substantive changes as may be approved by the City Attorney.
Reference is made to these Contract Documents for further particulars.
2. The City Council has reviewed and considered Calmex Engineering, Inc.’s request to withdraw their bid due to an error made by the bidder and approves the bidder’s withdrawal.
3. The lowest responsive and responsible bidder for the Project in accordance with Bid Schedule No. 1527 is Toro Enterprises, Inc., whose address is 2101 E. Ventura Blvd, Oxnard, California 93036, and whose total lump sum price of $7,631,227 is set forth in the Bidder's Proposal included in the Contract Documents, on file in the Purchasing Division. This bid is accepted, and the City Manager or his designee is authorized to reject all other bids once the lowest responsive and responsible bidder has executed and forwarded all the necessary Contract Documents to the City.
4. The City Council has reviewed and considered the Plans and Specifications for the Project, Bid Schedule No. 1527, and approves the Plans and Specifications. The Public Works Director, or his designee, is authorized to approve any changes to the Plans and Specifications.
5. This Project is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to 14 CCR §15301 of the State CEQA Guidelines. Staff is authorized to file a notice of exemption (NOE) in accordance with applicable law.
6. The total construction budget for the Project shall be $8,394,350, which includes a 10% construction contingency in the amount of $763,123.
ATTACHMENT 1
3 7. The City Manager or his designee is authorized to execute all necessary Contract Documents under Bid Schedule No. 1527 and future change orders (if any) up to the amount budgeted for the Project with such non -substantive changes as may be approved by the City Attorney and the City Clerk is authorized to attest.
PASSED and ADOPTED this ____day of August, 2025.
__________________________
Nikki Perez
Mayor
Approved as to Form:
Attest: Office of the City Attorney
____________________________ By: _______________________ 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 ____ day of August, 2025, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, City Clerk