Fremont City Council Meeting: 11/14/23 07:00 PM
3300 Capitol Avenue Div/Dept: Landscape Architecture
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5033) DOC ID: 5033
Updated: 11/8/2023 9:45 AM by Susan Gauthier Page 1
AWARD A CONSTRUCTION CONTRACT FOR THE VALLEJO MILL HISTORICAL PARK PICKLEBALL COURTS AND DOG PARK PROJECT (PWC9090) – Approve the Plans and Specifications for the Vallejo Mill Historical Park Pickleball Courts and Dog Park Project, PWC9090; Award a Contract to Guerra Construction Group for the Base Bid amount of $1,918,288, plus Alternate #1 - Pedestrian Concrete Paving (Sidewalk Connection to Mission Blvd.) for $116,005; plus a 15% Construction Contingency Amount of $305,143.95, for a Total Construction Contract Amount of $2,339,436.95; Reallocate $693,233 from PWC 8101-540, $500,000 from PWC 8501-501, $214,000 from PWC 8671-540, and $200,000 from PWC 8671-541 to the project; and find that, the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), Section 15304 (Minor Alterations of Land), Section 15311(b) (Accessory Structures), and Section 15183 (Project Consistent with a Community Plan, General Plan, or Zoning).
Contact Persons:
Name: Rico Lardizabal Suzanne Wolf
Title: Associate Landscape Architect Community Services Director Div/Dept: Landscape Architecture Community Services
Phone: 510-494-4743 510-494-4329
E-Mail: [email protected] [email protected]
Executive Summary: Staff recommends that the City Council approve the Plans and Specifications for the Vallejo Mill Historical Park Conversion Pickleball Courts and Dog Park Project, and award a Contract to Guerra Construction Group for the base bid scope amount of $1,918,288, plus Alternate #1 - Pedestrian Concrete Paving (Sidewalk Connection to Mission Blvd) for $116,005; plus a 15% Construction Contingency Amount of $305,143.95, for a Total Construction Contract Amount of $2,339,436.95; authorize the reallocation of $693,233 from PWC8101-540, $500,000 from PWC 8501-501, $214,000 from PWC 8671- 540, and $200,000 from PWC 8671-541 to the project; and find that, the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), Section 15304 (Minor Alterations of Land), Section 15311(b) (Accessory Structures), and Section 15183 (Project Consistent with a Community Plan, General Plan, or Zoning).
BACKGROUND: During the community engagement process for the Parks and Recreation Master Plan and through additional communication, the community has expressed significant need for the City to provide pickleball court facilities throughout the City’s park system. These are facilities intended to meet USA Pickleball standards for both recreational and competitive level play as determined by USA Pickleball, a national governing body for the sport of pickleball. The City currently has a limited number of pickleball courts in its inventory with only three non-dedicated courts. The 2022 updated Parks and Recreation Master Plan identified that the City should have a minimum of fifteen courts to provide the standard level of service by 2026.
Council Staff Report (ID # 5033) Meeting of November 14, 2023 Updated: 11/8/2023 9:45 AM by Susan Gauthier Page 2
In addition to pickleball, the community has expressed significant need for additional dog parks outside of Central Park. Central Park currently has the City’s only dog park. Staff have identified the Vallejo Mill Historical Park as an ideal park site to be activated with pickleball and dog park amenities to satisfy priorities identified in the Parks and Recreation Master Plan.
The existing Vallejo Mill Historical Park site is situated in the Niles area with Niles Canyon Road (State Route 84) to the south, Mission Boulevard (State Route 238) to the west and the Niles Canyon Railway to the north. The park site was home to two former mills built by Don Jose de Jesus Vallejo in 1841 and 1853. In 1986, the City developed a Schematic Report for the Vallejo Mill Historic Park that included archeological investigations that were able to confirm the prior existence of these structures although they are no longer visible except for remnants of the foundation of the 1841 structure.
Along with the mill structure remnant, the current park site consists of a paved parking lot in fair to poor condition, unpaved paths, park furnishings and signage, trees, and grassland.
It is currently difficult to use this space for its intended park use with the current design.
On July 18, 2023, City Council adopted the Site Development Plan for Vallejo Mill Historical Park and found that the project is exempt from review under the California Environmental Quality Act (CEQA). Staff then proceeded to refine the design and prepare construction and bid documents for the public bidding of the project.
The Vallejo Mill Historical Park Pickleball and Dog Park Project incorporates pickleball courts and a dog park, addressing the community’s interests as noted above. Construction for this project is scheduled to begin in January 2024, and to be completed by Summer 2024 barring unforeseen conditions and weather delays.
DISCUSSION/ANALYSIS: The proposed site development improvements include the addition of a dog park in a natural setting with existing trees, with bark mulch surfacing, four feet height fencing, and park user and maintenance access gates and entry areas. The plan also includes four new pickleball courts, including sports court lighting. The existing park driveway and entrance will be maintained at the same location and will terminate at a new vehicle driveway roundabout that meets emergency vehicle requirements. Existing parking area will be replaced with four new pickleball courts and new parking stalls are proposed to be in front of the dog park and visible and accessible from the Niles Canyon Road (State Route 84) frontage. New parking will include ADA accessible stalls and provisions for a future EV charger.
Additional park improvements include perimeter fencing and gates to discourage vehicular access into the natural areas of the park. Other featured plan improvements include ADA compliant walkways, new park furnishings, including benches, trash and recycling receptacles, drinking fountains, park rules signage, and security and pathway lighting from the pickleball courts to the parking stalls. The plan also includes the location for a vault toilet restroom. The vault toilet is planned as a separate, funded capital project that will commence immediately following the completion of this project.
The plan identifies two to three existing small trees to be removed and replanted to facilitate the new design. These proposed tree removals will be mitigated with new tree Council Staff Report (ID # 5033) Meeting of November 14, 2023 Updated: 11/8/2023 9:45 AM by Susan Gauthier Page 3
planting. The remainder of the park site will remain undeveloped and addressed as a future planning and design effort as identified in the City’s Parks and Recreation Master Plan.
The site of the historic mills and remaining foundation is well over 300 feet from the proposed improvements and will not be altered as part of this project. This project will comply with City standard development requirements as described in Fremont Municipal Code section 18.218.050, including but not limited to biological survey, air quality standards, construction related emissions, cultural and tribal cultural resources, geology and soils review, hazardous materials, and noise mitigation.
Bid Results: The project was advertised for bid on September 19, 2023, with a second advertisement on September 26, 2023. On October 18, 2023, the City received and opened twelve bids. The lowest bid, submitted by Guerra Construction Group, was $1,918,288.00* (Base Bid). The Bid Results are as follows:
Bidder Base Bid Amount
1. Guerra Construction Group $1,918,288.00*
2. Silicon Valley Paving, Inc. $1,960,467.00
3. Radius Earthwork, Inc. $1,997,913.50
4. Redgwick Construction $2,027,287.00
5. GradeTech, Inc. $2,032,679.20
6. Robert A. Bothman Construction $2,094,910.00
7. Mark Lee & Yong Kay, Inc. DBA Bay Construction Co. $2,230,000.00
8. Azul Works $2,341,272.00*
9. QLM, Inc. $2,415,042.98*
10. Joseph J. Albanese, Inc. $2,463,050.00
11. Rodan Builders $2,477,390.00
12. Interstate Grading and Paving, Inc. $2,544,340.00
* Bid is mathematically corrected
City Estimate $1,895,200.00
Project Cost and Funding:
Estimated Project Costs:
Construction Base Bid $ 1,918,288.00
Alternate #1 – (Sidewalk Required by code) 116,005.00
15% Construction Contingency 305,143.95
Construction Contract Subtotal 2,339,436.95
10% Estimated Const. Management, Inspection & Administration 233,943.70 10% Estimated Const. Close Out Fee and Design Contingencies 233,943.70
Estimated Total Project Costs $2,807,324.35
Council Staff Report (ID # 5033) Meeting of November 14, 2023 Updated: 11/8/2023 9:45 AM by Susan Gauthier Page 4
Sources of Funding
Currently Budgeted:
Vallejo Mill Historical Park Project (PWC 9090-540) $ 1,557,000.00 Less project expenses to-date (as of 10/9/2023) 356,908.52 Remaining Available Funds 1,200,091.48
Proposed Reallocations:
Parks Project Cost and Scope Contingency (PWC 8101-540) 693,233.00 Capital Replacement for Parks Project (PWC 8501-501) 500,000.00 Security for Parks Project (PWC 8671-540) 214,000.00
Security for Parks Project (PWC 8671-541) 200,000.00
Total Reallocated Funds 1,607,233.00
Estimated Total Sources $2,807,324.48
Based on the project’s remaining planned expenditures, there is a funding shortfall of $1,607,233. This amount is a result of adding the following items not considered in the original budget to the scope of the project:
• $116,000 for Alternate #1 - Pedestrian Concrete Paving (Sidewalk Connection to Mission Blvd.). This was identified to be required per code and City standards • $550,000 for electrical services and transformer requirements in the park and lighting for pickleball courts
• $150,000 for concrete perimeter fencing and gates
• $80,000 for site and utility work required for the future vault toilet In addition to the added scope of work items, the remaining balance of the shortfall results from inflationary construction costs currently being experienced across the industry.
Staff proposes to address the shortfall by reallocating funds from the following sources:
• Parks Project Cost and Scope Contingency. The remaining balance of $100,887 will be available to other park projects that may experience fund shortfalls. • Capital Replacement for Parks. The remaining balance of $2,488,181 is allocated for specific parks capital maintenance and construction projects. • Security for Parks Project. The funding in PWC 8671 from Security for Parks is $414,000 and its entire use is appropriate given that the use of updated concrete fencing at Vallejo Mill Historic Park is located next to a state highway.
FISCAL IMPACT: The Vallejo Mill Historical Park Conversion Pickleball and Dog Park Project was funded in the FY 2023/24–2027/28 Capital Improvement Plan at $1,507,000, and an additional $50,000 was allocated from the Parks Emerging Projects Contingency by the City Manager to facilitate preparation of bid documents. As discussed above, staff is recommending reallocation of $1,607,233 from the Parks Project Cost and Scope Contingency, the Capital Replacement for Parks project, and the Security for Parks project to address the shortfall in funding.
ENVIRONMENTAL REVIEW: The proposed improvements to the existing Vallejo Mill Historical Park are exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis:
(1) CEQA Guidelines Section 15301 (Existing Facilities), as the project would involve minor alterations to an existing park facility, involving a negligible expansion of use. The proposed Council Staff Report (ID # 5033) Meeting of November 14, 2023 Updated: 11/8/2023 9:45 AM by Susan Gauthier Page 5
alterations would not expand the boundaries of the park site and would be contained within previously improved areas of the park. The introduction of dog park and pickleball facilities would not be an expansion of use as the park has been historically utilized for recreational activities. Per General Plan Parks and Recreation Element Table 8-4, Historic Parks are anticipated to include “limited active recreation, such as hard surface playing courts, such as pickleball, basketball, and tennis courts and multipurpose sports fields for informal "pick-up" games and practice activities” and “passive recreation, such as picnicking, strolling, and informal play,” such as a dog park;
(2) CEQA Guidelines Section 15304 (Minor Alterations of Land), as the project would invo lve the minor alteration of improved park land with new landscaping. The project would replace existing lawn and paved areas within the park with a mulched dog park area and a sports court surface. Existing damaged paving and driveway area would be replaced with new paved surfaces;
(3) CEQA Guidelines Section 15311(b) (Accessory Structures), as the project would involve the replacement of an existing small parking lot with a new parking lot built to a similar capacity. The improved parking area would not significantly expand capacity;
(4) CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), as the proposed project is consistent with the development densities and policies in the general plan and existing zoning for which a final Environmental Impact Reports (EIRs) was previously certified: Fremont General Plan EIR (SCH#2010082060).
The project would not create significant effects more severe than analyzed in the prior EIR because the project does not substantially alter the physical characteristics or use of the site. The project site is identified as a Historic Park in the Parks and Recreation Element of the Fremont General Plan and has been operated in a manner consistent with the Historic Park designation. The proposed park improvements would involve the construction of a small number of pickleball courts and a dog park area within the existing park boundaries.
These new facilities would be consistent with Table 8-4 of the Parks and Recreation Element, which anticipates “limited active recreation, such as hard surface playing courts (basketball, tennis, etc.) and multipurpose sports fields for informal "pick -up" games and practice activities” and “passive recreation, such as picnicking, strolling, and inform al play” as base facilities for a historic park. There have been no major physical changes to the circumstances under which the park improvements would be undertaken, as the park has not been physically altered since the adoption of the General Plan.
There would not be the potential for environmental effects peculiar to the project or to the project site. The improvements to the site would take place in previously improved and disturbed areas of the park that are currently utilized for parking, site circulation and passive recreation. The formal delineation and striping of the parking area and the programming of active uses (pickleball and dog park) would be a negligible expansion of the existing park use. The park improvements are located a significant distance (over 300 feet) from the remnants of the Vallejo Mill and therefore would not have the potential to impact the historic resource. The potential for encountering cultural resources, particularly those related to the historic operation of the Vallejo Mill, during construction activity would be addressed through the uniform application of the standard development requirements in Fremont Municipal Code (FMC) Chapter 18.218. Previous archaeological investigations of the Council Staff Report (ID # 5033) Meeting of November 14, 2023 Updated: 11/8/2023 9:45 AM by Susan Gauthier Page 6
site did not encounter any cultural resources. FMC Chapter 18.218 also provides standard development requirements that address any potential impact to special-status species and air quality related to construction.
There does not appear to be any new information of substantial importance that would suggest that a new or more substantial environmental effect would result from the proposed improvements. Regarding the change in analysis of transportation impacts in CEQA under SB 743, the Vallejo Mill Historic Park would continue to be operated as a local serving public facility, and the new improvements are anticipated to result in a reduction of vehicle miles travelled in the community due to increased local access to recreational opportunities.
In summary, there are no previously identified significant effects which are substantially more severe than analyzed in the prior EIR nor any peculiar significant effects that were not previously analyzed or discussed as significant effects in prior EIR or that cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis. None of the circumstances necessitating preparation of a subsequent EIR pursuant to CEQA Guidelines Section 15162 are present. The improved park would be consistent with existing park operations and the Historic Park designation in the General Plan. As discussed above, no substantial changes in circumstances have occurred that were not fully envisioned in the General Plan EIR and no new information of substantial importance exists that suggests that there would be a new or more substantial environmental effect.
ATTACHMENTS: None.
LINKS: http://www.fremont.gov/government/departments/parks-planning-design/design- projects/vallejo-mill-pickleball-and-dog-park
RECOMMENDATIONS:
1. Find that the project is exempt from review under the California Environmental Quality Act (CEQA) as the replacement or reconstruction of an existing facility, pursuant to CEQA Guidelines Section 15301 (Existing Facilities), Section 15304 (Minor Alterations of Land), Section 15311(b) (Accessory Structures), and Section 15183 (Project Consistent with a Community Plan, General Plan, or Zoning), and approve a categorical exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines.
2. Approve the Plans and Specifications for the Vallejo Mill Historical Park Conversion Pickleball and Dog Park Project (PWC 9090).
3. Accept the Base Bid and Alternate 1; award a construction contract; and authorize the City Manager or her designee to execute all construction related agreements with the lowest responsive and responsible bidder, Guerra Construction Group, in the amount of $2,034,293, plus a 15% construction contingency amount of $305,143.95, for a total construction contract amount of $2,339,436.95.
4. Reallocate $693,233 from the CIP Cost and Scope Contingency (PWC 8101-540), $500,000 from the Capital Replacement for Parks project (PWC 8501-501), $214,000 from the Security for Parks project (PWC 8671-540) and $200,000 from the Security for Parks project (PWC 8671-541) to the Vallejo Mill Historical Park Conversion Pickleball and Dog Park Project (PWC 9090).