Fremont City Council Meeting: 11/15/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4738) DOC ID: 4738
Updated: 11/9/2022 3:38 PM by Alberto Quintanilla Page 1 POLICE OUTDOOR FIRING RANGE - Approval of Lease Amendment with Alameda County Water District for Use of Property Near Patterson Reservoir as Police Outdoor Firing Range; Approval of Plans and Specifications and Award of Contract to McNabb Construction, Inc. in the amount of $441,784 (including 15% Contingency) for the Fremont Police Outdoor Firing Range Renovation Project (PWC8995); Appropriation Actions; and Make Findings of CEQA Exemption Contact Persons:
Name: Ian Champeny Martha Martinez
Title: Real Property Agent Facilities Project Manager
Div/Dept: Public Works Public Works
Phone: 510-494-4759 510-494-4750
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report to facilitate continued use and rehabilitation of the Police Outdoor Firing Range to support the essential training needs of the Fremont Police Department and other law enforcement agencies.
BACKGROUND: The City of Fremont Police Department has used a site south of Coyote Hills Regional Park near the Patterson Reservoir as a firing range since 1969. The site is owned by the Alameda County Water District (ACWD). The Fremont Police Department (FPD) uses the site for marksmanship and tactical training for City’s police force. Other agencies also use the site for training such as Newark Police Department, Union City Police Department and Alameda County District Attorney’s office. The lease was amended in 2010 (First Amendment) to extend use of the site. The current lease Amendment has expired and ACWD has allowed the Police Department to use the range on a month-to-month basis while a Second Amendment was developed. As part of the agreement, the City pays ACWD $1.00 per year. Additionally, the City agrees to set aside sufficient funds to remediate the site from contamination caused by firing range use upon termination of the agreement. The existing shooting range target structure has been riddled with bullets from years of training and a significant section of wooden piers has collapsed.
DISCUSSION/ANALYSIS:
Amended Lease Agreement
The Amendment to the lease agreement allows the City to continue to use the facility for an additional five years (until December 31, 2027) with the ability to extend the agreement. It also provides that either party may terminate the agreement by providing at least one hundred eighty (180) days prior written notice. The lease establishes an agreement and timeline for cleaning up the site of lead and contaminants which have accumulated over the years before the City vacates the property and obligates the City to repair and maintain an access road to the site.
On an annual basis, the City must provide ACWD a certificate signed by the City’s Finance Director stating that the City has maintained available, sufficient funds equaling the total Staff Report (ID # 4738) Meeting of November 15, 2022
Updated: 11/9/2022 3:38 PM by Alberto Quintanilla Page 2 cost to remediate the site in the City’s Capital Improvements Fund (Fund 501) and as a separate line item in the City’s budget. The cost to remediate the site must be reevaluated at least once every two years and if the estimated remediation cost increases by at least 10%, the City must increase amounts held in the Capital Improvements Fund for the site cleanup. The current appropriation in the Capital Improvements Fund for site remediation is $583,392. This figure is based on a Supplemental Soil Sampling and Remediation Cost analysis report for hazardous materials cleanup of the site conducted in June of 2021.
The Second Amendment also provides acknowledgement of the City’s Outdoor Firing Range Improvement Project (PWC8995), which will remove the existing wood target structure and replace it.
The Second Amendment contains provisions for temporary suspension of site use by the City should ACWD need to utilize the property to support ACWD projects related to the Patterson Reservoir. This may require up to 180 days of suspended use during the five-year term of the agreement. During such time of suspension, the Police Department will make alternative arrangements for training and certification with the Alameda County Sheriff’s Office.
The Police Department employs a 20-member tactical S.W.A.T. which is required to maintain certification that includes use of Noise Flash Diversionary Devices (NFDDs). The certification requires hand deployment of NFDDs at least two times per year. The Police Department has utilized the site for training and certification for this specific use. The Second Amendment allows use of NFDDs up to eight times a year and requires coordination with the City’s Fire Department during the use of such devices.
Firing Range Improvement Project and Bid Results
A project has been developed to replace the deteriorated target structure at the firing range. The old wood structure will be replaced with a new structure made of wood and steel. The proposed construction contract envisions work to occur in Spring 2023.
The project was advertised in the Tri-City Voice on June 21, 2022. The Engineer’s Estimate is $250,000. Two (2) Bids were received and opened on July 13, 2022, as shown below:
Bidders Bid Amount
1. McNabb Construction, Inc. (DBA – DK Environmental) $384,160
2. All About Building, Inc. $448,995
The low bidder McNabb Construction, Inc., submitted a responsive bid and all documents are in order. The contractor is a responsible bidder experienced in this type of work and has satisfactorily completed contracts of a similar nature with other nearby agencies.
Project Cost and Funding:
Estimated Project Costs:
Construction Contract – Low Bid $ 384,160
Staff Report (ID # 4738) Meeting of November 15, 2022
Updated: 11/9/2022 3:38 PM by Alberto Quintanilla Page 3
Construction Contingency & Inspection (15%) $ 57,624
Project Contingency/Staff Time (4%) $ 15,366
Estimated Total Project Costs: $ 457,150
Source of Funding
PWC8995 – 501 – Police Outdoor Firing Range Renovation $ 310,000
Unallocated Fund 501 Fund Balance $ 150,000
Total Funds $ 460,000
FISCAL IMPACT: Sufficient funding has been appropriated in the Capital Improvements Fund to meet the remediation requirement under the amended lease. However, additional funding is required to complete the construction of the firing range improvement project.
Staff recommends appropriating $150,000 of unallocated fund balance in the Capital Improvements Fund. With approval of the recommended allocation of funds to the project, there will be sufficient funds available for the estimated project cost.
ENVIRONMENTAL REVIEW: The recommended actions are exempt from CEQA, each as a separate and independent basis, pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and CEQA Guideline Section 15302(b) (Replacement or Reconstruction).
ATTACHMENTS: None.
RECOMMENDATIONS:
1. Authorize the City Manager or designee to execute a Second Amendment to the Lease between the City of Fremont and the Alameda County Water District for continued use of ACWD property located near Patterson Reservoir as an Outdoor Firing Range.
2. Approve Plans and Specifications for the Fremont Police Outdoor Firing Range Improvement Project (PWC8995).
3. Accept the Bid and award the construction contract to the lowest responsive and responsible bidder McNabb Construction, Inc. in the amount of $384,160 and allocate a 15% contingency in the amount of $57,624 for a total construction contract amount of $441,784 and authorize the City Manager or designee to execute the contract.
4. Allocate $150,000 of unappropriated fund balance in the Capital Improvements Fund to PWC8995-501.
5. Find that the recommended actions are exempt under the California Environmental Quality Act (CEQA) as specified in CEQA Guidelines Section 15301, (Existing Facilities) and CEQA Guidelines Section 15302(b) (Replacement or Reconstruction).