Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5258) DOC ID: 5258
Updated: 9/12/2024 7:45 AM by Dina Lewis Page 1
CENTERVILLE SOIL VAPOR REMEDIATION COMPLETION - Approval of Plans and Specifications; Award of Construction Contract to Innovative Construction Solutions, Inc. in the Amount of $354,292 (includes 15% Contingency) for the Centerville Soil Vapor Remediation Completion (PWC8812D); Appropriation Actions; Make Findings of CEQA Actions
Contact Persons:
Name: Jeanne Suyeishi Hans Larsen
Title: Principal Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to initiate the construction of a project to complete the remediation of contaminated soils associated with the prior property uses at the Artist Walk development site in Centerville. The project includes removing a soil -vapor extraction system.
BACKGROUND: The property located at 37070 Fremont Boulevard, previously known as the Centerville Unified Site, used to contain a strip mall with a dry cleaner and an automotive dealer that operated at the site until 1993. The site has undergone several environmental investigations since 2001, showing that the site has been impacted by heavy metals, hydrocarbons and volatile organic compounds. The site structures were demolished in 2004. Previous remediation work at the site has been completed with removal of impacted soils, sumps, hydraulic lifts, and underground storage tanks. In July 2010, tetrachloroethylene (PCE) in the form of soil vapor was detected at the site as the primary volatile organic compound and main contaminant of concern requiring active remediation with a recommendation for a soil-vapor extraction (SVE) system. In 2013, an SVE System Pilot Study Improvement Project was undertaken to determine if soil vapor extraction was the most effective treatment technology for PCE in soil vapor detected at the site. The resulting data from the pilot study confirmed that soil vapor extraction would effectively eliminate PCE at this site.
In October 2015, the developer of the Artist Walk project, Artist Walk Fremont, LLC completed its purchase of the 6.58-acre property at 37070 Fremont Boulevard from the City. In late 2017, the site was redeveloped as Artist Walk. Development of the property was initiated by the City's former Redevelopment Agency (RDA) and the developer over 12 years ago when the property was under the RDA’s ownership. After dissolution of the RDA, the Successor Agency was formed to wind down the affairs of the RDA. Under the Long- Range Property Management Plan, the property transferred to the City for its disposition and development. In May 2015, the Successor Agency was dissolved after completing the wind down process of the RDA.
In December 2015, City Council approved the construction of the Full-Scale Remediation Project. A full-scale SVE system was installed in 2016 consisting of a total of 36 SVE wells.
The SVE System operation began in October 2016, continued in parallel with the Artist Walk Council Staff Report (ID # 5258) Meeting of September 17, 2024 Updated: 9/12/2024 7:45 AM by Dina Lewis Page 2
construction and site occupancy, and through system shutdown on January 27, 2022, which was approved by the Alameda County Water District (ACWD). SVE system components were demobilized from the site on March 9, 2022, after the SVE system decommissioning was approved by ACWD. On August 3, 2022, the City submitted a formal request for case oversight transfer from ACWD to the Regional Water Quality Control Board (Water Board).
Case oversight transfer to the Water Board took effect in January 2023. On July 19, 2024, the Water Board provided the City of Fremont with a letter stating its intent to issue a no further action letter to the City and approved decommissioning and removal of the environmental remediation system at the Centerville Unified Site.
At this time, the remaining components of the SVE system can be removed from the Artist Walk development area which includes equipment located on adjoining properties at 3900 Thornton Avenue and 37000 Fremont Boulevard (Carl’s Jr site). A project has been developed for this work and referred to as the Centerville Soil Remediation Completion project. The scope of work includes:
Current phase of work includes the removal of the SVE compound and installation of planned parking stalls, removal of 25 of the 36 SVE wells, and removal of three groundwater monitoring wells.
Phase 2 work includes the removal of the remaining 11 inaccessible wells and site restoration work in the amount of $180,000. This phase of work will be completed after the City and ACWD agree on the method of removal for these inaccessible wells.
DISCUSSION/ANALYSIS: The project was competitively bid through a formal procurement process. Notices inviting bids were duly issued, with a bid opening date of July 30, 2024. There were no bids received through the formal bidding process, and staff recommends award of a negotiated contract.
Per Public Contract Code § 22038:
(c) If no bids are received through the formal or informal procedure, the project may be performed by the employees of the public agency by force account or negotiated contract without further complying with this article.
Staff reached out to three contractors to request bids for this work. After reviewing the bids and negotiations, staff is recommending awarding this project to Innovative Construction Solutions, Inc. in the amount of $307,292.
The bidder for this project, Innovative Construction Solutions, 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.
Project Costs and Funding:
Estimated Project Costs
Construction Cost (Responsible Bid) $307,292
Construction Inspection, Surveying and Administration
(15%)
$54,000
Construction Contingency (15%) $47,000
Council Staff Report (ID # 5258) Meeting of September 17, 2024 Updated: 9/12/2024 7:45 AM by Dina Lewis Page 3
Phase 2 Construction and Site Restoration Work $180,000 Total Estimated Project Costs $588,292
Source of Funding:
Currently Budgeted
PWC8812 – Fund 551 – Former RDA Public Works Construction Fund
$303,717
Proposed Additional Funding:
PWC8520 – Fund 501 – General Fund 290,000
Total Funding $593,717
FISCAL IMPACT: Additional funding is needed to complete the construction of this project in the amount of $290,000. The total estimated project cost is approximately $594,000.
Staff recommends that the City Council approve reallocating $290,000 from the Downtown Project in PWC 8520-501 to the Centerville Soil-Vapor Remediation Completion project (PWC8812) to complete this work. The fund balance of PWC8520-501 is currently $610,000 and is sufficient to meet the few remaining commitments for downtown. With the recommended additional reallocation of funds to the project, there will be sufficient funds available for the estimated project cost.
ENVIRONMENTAL REVIEW: On March 16, 2010, the City Council adopted Ordinance No. 5-2010, approving the Consolidated Amended and Restated Redevelopment Plan for the Fremont Merged Redevelopment Project (Including Irvington, Niles, Centerville and Industrial Area (the "Redevelopment Plan") for the Fremont Merged Redevelopment Project Area, within which the Centerville Unified Site is located. The Redevelopment Plan expressly provides for the remediation of the contaminants related to the Centerville Unified Site. In connection with adoption of the Redevelopment Plan and to comply with the requirements of the California Environmental Quality Act and the implementing state and local guidelines (collectively, "CEQA"), the City Council and the Board of the RDA (as predecessor to the Successor Agency) considered, certified and made findings (the "CEQA Findings", including adopting the required mitigation monitoring program, as fully set forth in concurrent City Council and RDA Resolutions 2010-13 and 2014-14, respectively, dated March 2, 2010) related to the Environmental Impact Report (the "EIR") prepared for the Redevelopment Plan, including the remediation of the contaminants related to the Centerville Unified Site.
The EIR and the CEQA Findings may serve as the CEQA document for consideration and implementation of the remediation work. The remediation of the contaminants in accordance with the Centerville Unified Site Services and Funding Agreement, is a part of the project evaluated in the EIR and the CEQA Findings, and none of the conditions requiring further CEQA documentation pursuant to State CEQA Guidelines Section 15162 have occurred. In addition, on January 14, 2014, a Mitigated Negative Declaration (Artist Walk, PLN2013-00269) was adopted for the development of the site with a mixed-use project. The adopted Mitigated Negative Declaration includes a specific mitigation measure that requires completion of the approved site remediation work prior to human occupancy of the future buildings planned for the site.
Council Staff Report (ID # 5258) Meeting of September 17, 2024 Updated: 9/12/2024 7:45 AM by Dina Lewis Page 4
ATTACHMENTS: None.
RECOMMENDATION: Approval of the following actions related to the Centerville Soil Vapor Remediation Completion Project (PWC8812D):
1. Approve the plans and specifications for the project.
2. Accept the bid and award the construction contract to the responsive and responsible bidder, Innovative Construction Solutions, Inc. in the amount of $307,292 and allocate a 15% construction contingency in the amount of $47,000 for a total construction contract amount of $354,292 and authorize the City Manager or her designee to execute the contract.
3. Reallocate $290,000 from PWC8520-501 to PWC8812-501.
4. Find that because the remediation of the contaminants in accordance with the Centerville Unified Site Services and Funding Agreement, is a part of the project evaluated in the EIR and the CEQA Findings, and because none of the conditions requiring further CEQA documentation pursuant to State CEQA Guidelines Section 15162 have occurred, the EIR and the CEQA Findings may serve as the CEQA document for consideration and implementation of the remediation work.