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agenda-report PROTECTED INTERSECTION PROJECT AT FREMONT/WALNUT - Approval of Plans and Specifications; Award of Construction Contract to Golden Bay Construction, Inc. in the Amount of $2,226,859.50 (Includes 10% Contingency) to Implement the Fremont Boulevard and Walnut Avenue Protected Intersection Project (PWC9044); Appropriation Actions; and Make Findings of CEQA Exemption.

Fremont City Council
February 7, 2023

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agenda-report PROTECTED INTERSECTION PROJECT AT FREMONT/WALNUT - Approval of Plans and Specifications; Award of Construction Contract to Golden Bay Construction, Inc. in the Amount of $2,226,859.50 (Includes 10% Contingency) to Implement the Fremont Boulevard and Walnut Avenue Protected Intersection Project (PWC9044); Appropriation Actions; and Make Findings of CEQA Exemption.
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February 7, 2023
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Fremont City Council
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Fremont City Council Meeting: 02/07/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4776) DOC ID: 4776
Updated: 2/1/2023 1:41 PM by Alberto Quintanilla Page 1 PROTECTED INTERSECTION PROJECT AT FREMONT/WALNUT - Approval of Plans and Specifications; Award of Construction Contract to Golden Bay Construction, Inc. in the Amount of $2,226,859.50 (Includes 10% Contingency) to Implement the Fremont Boulevard and Walnut Avenue Protected Intersection Project (PWC9044); Appropriation Actions; and Make Findings of CEQA Exemption.

Contact Persons:

Name: Edelzar Garcia Hans Larsen
Title: Associate Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4781 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to initiate construction of a multimodal safety improvement project at the intersection of Fremont Boulevard and Walnut Av enue.

Funding is partially provided from a Federal grant. The project is part of an ongoing series of investments that are transforming Fremont Boulevard from a historically auto-oriented thoroughfare into a “complete street” that supports safe and convenient mobility by all travel modes. The project also includes a westerly extension of the 1.5-mile long Walnut Avenue protected bikeway to the Fremont Hub commercial center.

BACKGROUND: In 2021, the City of Fremont received a competitive Federal grant though the Metropolitan Transportation Commission’s (MTC) Safe and Seamless Mobility Quick - Strike Program. The Quick-Strike Program is a one-time, competitive grant program within the One Bay Area Grant (OBAG) program framework, and it emphasizes bicycle/pedestrian safety and mobility, connections to transit, and projects that advance equitable mobility. On May 4, 2021, the City Council adopted a resolution of support for the project.

This project will provide enhanced safety and comfort for people walking, bicycling, and connecting with transit in the Downtown/Central Fremont Priority Development Area (PDA) and commercial district. The project also supports multimodal travel along the Fremont Boulevard Transit Priority Corridor and in the Walnut Avenue multimodal corridor which connects to the Fremont BART station. This project will reconstruct the existing intersection with protected intersection features and modify the existing traffic signals to accommodate the new intersection design. Key project elements consist of the removal of existing right turn slip lanes, new elevated curb returns to encourage slower vehicle turns, raised bike lanes, new ADA curb ramps, enhanced intersection safety lighting, new video detection for bicycles, touchless pedestrian push buttons, high visibility crosswalks, and enhanced bikeway connections to existing bike facilities upstream and downstream of the project intersections.

Various City, County, and regional plans identify the Fremont Boulevard and Walnut Avenue corridors as priorities for developing high quality facilities for walking, bicycling, and transit.

These plans include the Fremont Bicycle Master Plan; the Alameda County Transportation Plan, the East 14th/Mission Boulevard/Fremont Boulevard Multimodal Corridor Plan, and the Council Staff Report (ID # 4776) Meeting of February 7, 2023 Updated: 2/1/2023 1:41 PM by Alberto Quintanilla Page 2 Alameda County Priority Bikeway Network; and the Regional Active Transportation Plan adopted by the Metropolitan Transportation Commission.

Construction is anticipated to begin in Spring 2023 with completion scheduled by December 2023.

DISCUSSION/ANALYSIS: Bids for this project were opened on December 6, 2022. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $2,300,000.

Bid Results:

Bidder Bid Amount

1. Golden Bay Construction, Inc. $2,024,417.50

2. Redgwick Construction Co. $2,103,087.00

3. Sposeto Engineering, Inc. $2,168,269.55

4. Kerex Engineering, Inc. $2,521,241.00

The low bidder for this project, Golden Bay 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 this nature with the City and other nearby local agencies. Pursuant to the requirements of Section 21080.25 of the Public Resources Code, staff certifies that the entire project will be completed with a skilled and trained workforce and that contractor Golden Bay Construction, Inc., shall be required to provide sufficient and competent administration, staff, and a skilled and trained workforce necessary to perform and timely complete the work in accordance with the contract documents.

Based on lessons learned from earlier bids for similar projects, staff updated the Engineer’s Estimate to account for the higher costs based on 1) increased costs of current market for construction materials, fuel and trucking, 2) escalating construction costs for traffic signal work, and 3) limited space for contractor to work, store and stage construction materials and equipment in the project area. While the low bid was lower in cost than the updated Engineer’s Estimate, the cost increases were not budgeted in the original estimate submitted for grant funding.

Project Costs and Funding:

Estimated Project Costs
Construction Cost (Lowest Responsible Bid) $2,024,418 Construction Inspection, Surveying and Administration $334,028 Project Contingency (10%) $202,442
Total Estimated Project Costs $2,560,888

Source of Funding:

Currently Budgeted
PWC9044, Fund 522 – Federal Funds $1,271,000
PWC9044, Fund 515 – ACTC Measure BB Local Streets $94,000 PWC9044, Fund 518 – ACTC Measure B 2012 Local Str $500,000 PWC9044, Fund 531 – Traffic Impact Fee $235,000

Council Staff Report (ID # 4776) Meeting of February 7, 2023 Updated: 2/1/2023 1:41 PM by Alberto Quintanilla Page 3 Proposed Additional Funding
PWC8988, Fund 136 – HUTA State Gas Tax $100,000
PWC9033, Fund 531 – Traffic Impact Fee $30,000
PWC9050, Fund 515 – ACTC Measure BB Bike/Ped Funds $330,888 Total Funding Available $2,560,888

FISCAL IMPACT: Additional funding is needed to construct the project in order to adjust for the recent inflationary increase in construction costs. The increased source of funding is proposed to come from reallocating unused contingency funds from two completed projects and by transferring funds from the future Fremont Boulevard/Country Drive Intersection Improvements Project. The Fremont/Country project is expected to receive a new funding allocation from ACTC in Spring 2023 which will free up some of the funding currently programmed to that project.

As noted in the “Source of Funds” section above, staff recommends reallocation of funds as proposed, to allow construction to move forward for this project, thereby meeting the grant deadline for project delivery. With the recommended additional reallocation of funds to the project, there will be sufficient funds available for the estimated project cost.

ENVIRONMENTAL REVIEW: Based on the whole records and each as a separate and independent basis for CEQA compliance, the project is statutorily exempt from CEQA review under Section 21080.25 of the Public Resources Code, as amended, because the project is a sustainable transportation project that implements pedestrian and bicycle facilities (i.e., construction of protected intersection corners, elevated curb returns, raised pedestrian/bicycle corners and green buffered bike lanes) and improves pedestrian and bicycle safety and improves access for current and potential transit riders. The project is located within public right of way and does not add new infrastructure that increases automobile capacity or require demolition of affordable housing. Furthermore, the City certifies the project will be completed by a skilled and trained workforce pursuant to enforceable contract provisions requiring contractors and subcontractors at every tier to use skilled labor. As a separate and independent basis, the project is exempt under CEQA Guideline Section 15301, Class 1(c), 15301 for "Existing Facilities" in that it involves operation, repair, maintenance or minor alteration of existing structures, facilities involving negligible or no expansion of existing or former use. None of the exceptions to the categorical exemptions outlined in CEQA Guidelines section 15300.2 applies to the Project.

In addition, review under the National Environmental Policy Act (NEPA) was also performed and a Categorical Exclusion (CE) with technical studies was prepared for the project. On November 15, 2021, the State determined that the project does not individually or cumulatively have a significant impact on the environment as defined by the National Environmental Policy Act (NEPA) and is excluded from the requirements to prepare an Environmental Assessment or Environmental Impact Statement.

ATTACHMENTS: None.

RECOMMENDATION: Approval of the following actions related to the Fremont Boulevard and Walnut Avenue Protected Intersection Project (PWC9044):

1. Find that this project is exempt from California Environmental Quality Act (CEQA) review pursuant to Section 21080.25 of the Public Resources Code as a sustainable Council Staff Report (ID # 4776) Meeting of February 7, 2023 Updated: 2/1/2023 1:41 PM by Alberto Quintanilla Page 4 transportation project that implements pedestrian and bicycle facilities and improves multimodal safety and access for current and potential transit riders and is further exempt pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansi on of use beyond that presently existing.

2. Approve the plans and specifications for the project.

3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Golden Bay Construction, Inc. in the amount of $2,024,417.50 and allocate a 10% construction contingency in the amount of $202,442 for a total construction contract amount of $2,226,859.50 and authorize the City Manager or designee to execute the contract.

4. Appropriate the federal grant funds in the amount of $1,271,000 to PWC9044-522.

5. Reallocate $130,000 from PWC8988-136 and appropriate it to PWC9044-136.

6. Reallocate $30,000 from PWC9033-531 and appropriate it to PWC9044-531.

7. Reallocate $330,888 from PWC9050-515 and appropriate it to PWC9044-515.

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