Fremont City Council Meeting: 09/03/24 07:00 PM
3300 Capitol Avenue Div/Dept: Landscape Architecture
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5239) DOC ID: 5239 A
Updated: 8/28/2024 8:26 AM by Susan Gauthier A Page 1
AWARD A CONSTRUCTION CONTRACT FOR BOOSTER NEIGHBORHOOD PARK PLAYGROUND UPGRADES AND REPLACEMENT PROJECT (PWC 9051) - Approve Plans and Specifications for the project PWC 9051; Award a Construction Contract for the Bid Amount of $717,706 to Landscape Pros ML Inc. dba Construction Pros ML and Allocate a 10% Construction Contingency of $71,771 for a Total Contract Amount of $789,477 for the Booster Neighborhood Park Playground Upgrades and Replacement Project PWC 9051; and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15301, 15303, 15304, 15311, and 15183.
Contact Persons:
Name: Connie Chao Kim Beranek
Title: Landscape Designer II Community Services Director Div/Dept: Landscape Architecture Community Services
Phone: 510-494-4742 510-494-4330
E-Mail: [email protected] [email protected]
Executive Summary: Staff recommends that the City Council approve the Plans and Specifications, accept the bid, and award a contract to Landscape Pros ML Inc. dba Construction Pros ML for the base bid amount of $717,706 plus a 10% construction contingency of $71,771 for unforeseen work during construction, for a total construction amount of $789,477 for the Booster Neighborhood Park Playground Upgrades and Replacement Project; and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301, 15303, 15304, 15311, and 15183.
BACKGROUND: The play equipment at Booster Neighborhood Park is outdated and needs to be replaced with upgraded play equipment to increase play value, promote inclusivity, and encourage collaborative play. The synthetic safety surfacing is also nearing the end of its life span for impact attenuation. Replacing the safety surfacing with new ADA accessible safety surfacing at the time of equipment upgrade would be financially prudent.
Site improvements include the demolition and removal of the existing play equipment, associated concrete footings, and surrounding safety surfacing followed by the installation of new play equipment and safety surfacing, supported by aggregate base, and relocated perforated drain lines.
DISCUSSION/ANALYSIS: The Booster Neighborhood Park Playground Upgrades and Replacement Project was advertised for bid on July 2, 2024. On July 23, 2024, the City received six (6) bids. The Bidders and their respective bid amounts are shown below.
Council Staff Report (ID # 5239) Meeting of September 3, 2024 Updated: 8/28/2024 8:26 AM by Susan Gauthier A Page 2
RANK BIDDER NAME BASE BID
AMOUNT
ADD
ALTERNATE 1
AMOUNT
ADD
ALTERNATE 2
AMOUNT
1 Kerex Engineering, Inc. $697,455.00** $41,050 $15,500 2 Landscape Pros ML Inc.
dba Construction Pros ML $717,706.00 $11,400 $10,000
3 Guerra Construction Group $732,534.50* $22,270 $10,218 4 S&H Construction, Inc. $798,600.00 $54,500 $11,000
5 QLM, Inc. $896,825.00 $16,300 $10,900
6 Zara Construction, Inc. $958,400.00 $107,800 $18,000
* Mathematically Corrected - Corrected for computation errors pursuant to Instructions to Bidders Part 6.1(A)
** Non-responsive - Pursuant to PCC § 5103
The low bidder was determined by evaluation of the base bid only, without consideration of the alternate items, as stated in the Instruction to Bidders of the Contract Documents.
Kerex Engineering, Inc. was the apparent lowest bidder, but was deemed non-responsive after an error was found in their Bid Schedule. Upon analysis, it was found that Kerex Engineering’s unit cost for “Play Equipment” was significantly lower than the Engineer’s Estimate and the other bid proposals received. While inquiring about the unit cost, it was discovered that Kerex Engineering, Inc. assumed that the City would furnish the play equipment and that the lump sum unit cost of “Play Equipment” included the price of installation only.
The Contract Documents do not state that the play equipment will be City-furnished, which was incorrectly assumed by Kerex Engineering, Inc. Kerex Engineering, Inc. submitted in writing to withdraw their bid due to a mistake within five (5) working days as required per Public Contract Code (PCC) § 5103. Pursuant to PCC § 5103, a mistake was made in the bid proposal and staff recommends City Council accept the withdrawal of Kerex Engineering, Inc.’s bid.
The second low bid was submitted by Landscape Pros ML Inc. dba Construction Pros ML for the base bid amount of $717,706. The contractor is a responsible bidder experienced in this type of work. Their bid is responsive, and all bid documents are in order. The lowest responsive bidder’s price is 9.6% above the Engineer’s Estimate of $648,835.
Add Alternate Items: The Bid Proposal included two bid alternate items. The first bid alternate included the removal of existing concrete and the installation of new concrete paving, and the second included the installation of a picnic table, trash receptacle, and recycle receptacle. No add alternate items will be awarded. The sum of the base bid amount submitted by Landscape Pros ML Inc. dba Construction Pros ML and the remaining planned expenditures does not leave enough funding to award the add alternate items. Alternative Council Staff Report (ID # 5239) Meeting of September 3, 2024 Updated: 8/28/2024 8:26 AM by Susan Gauthier A Page 3
items may be reconsidered if there is adequate funding within the Construction Contingency as the project moves forward.
FISCAL IMPACT: The Booster Neighborhood Park Playground Upgrades and Replacement was funded in the FY 2021/22-2025/26 Capital Improvement Plan with additional funds added to the project in the FY 2023/24-2027/28 Capital Improvement Plan. The project is funded with $917,000 from Fund 541.
1. Total Project Funds Appropriated to the Project:
• Fund 541 Park Dedication Impact Fee (PWC9051) $917,000 Total Funds Available: $917,000
2. Project Expenses to Date:
• Project Management, Design and Administration: $70,100
3. Remaining Planned Expenditures (For Construction):
• Construction Bid: $717,706
• Construction Contingency (10%) $71,771
• Construction Administration and Management (Estimated): $57,423_ Total Planned Project Expenditures: $846,900
4. Estimated Amount Remaining after Project Closeout: $0
Any remaining funds after project closeout will be returned to the Fund 541 Park Dedication Impact Fee balance to be reallocated to another project.
ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA), without limitation, pursuant to CEQA Guidelines Section 15301, Existing Facilities, as the project occurs within an existing area of an established park. The rough and fine grading of the site, relocation of perforated drain line, installation of an accessible picnic table with associated concrete paving, and replacement of play equipment do not expand the park’s boundaries and are typical upgrades to a park use. The area is regularly maintained as a park, which includes discing of the groundcover to maintain soil aeration and prevent habitat development for sensitive or invasive species.
Additionally, the grading and concrete paving improvements qualify for a categorical exemption per CEQA Guidelines Section 15304, Minor Alterations to Land, as no grading is proposed on slopes greater than 10 percent and the proposed landscaping changes do not result in the removal of healthy, mature, scenic trees. Under CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, the utility extensions are minor modifications and are limited to relocation of drainage lines. Lastly, the play equipment installation is specifically exempt under CEQA Guidelines Section 15311 as a minor accessory structure appurtenant to an existing institutional facility.
Furthermore, the project is exempt under CEQA Guidelines 15183, Projects Consistent with a Community Plan or Zoning, as the project is consistent with the land use envisioned for the site as established by the General Plan for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15163, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred. Each of the foregoing provides a separate and independent basis for exemption.
Council Staff Report (ID # 5239) Meeting of September 3, 2024 Updated: 8/28/2024 8:26 AM by Susan Gauthier A Page 4
ATTACHMENTS: None.
LINKS: https://www.fremont.gov/government/departments/parks-planning-design/design- projects/booster-neighborhood-park-playground-renovations
RECOMMENDATIONS:
1. Approve the plans and specifications for the Booster Neighborhood Park Playground Upgrades and Replacement Project (PWC9051).
2. Accept the bid withdraw of Kerex Engineering, Inc. and accept the bid and award a construction contract to Landscape Pros ML Inc. dba Construction Pros ML for the Base Bid of $717,706 and allocate a 10% Construction Contingency amount of $71,771, for a total construction amount of $789,477.
3. Find that the project is exempt from review under the California Environmental Quality Act (CEQA), each as a separate and independent basis, per Section 15301, as the project occurs within an existing area of an established park; Section 15303, as the utility extensions are minor modifications and are limited to relocation of drainage lines; Section 15304, as the project involves minor alterations to land; Section 15311, as the play equipment installation is a minor accessory structure appurtenant to an existing institutional facility; and Section 15183, as the project is consistent with the land use envisioned for the site as established by the General Plan.