Fremont City Council Meeting: 04/01/25 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5394) DOC ID: 5394
Updated: 3/28/2025 9:22 AM by Dina Lewis Page 1
EAST BAY GREENWAY (IRVINGTON TO FREMONT BART) - Approve a Professional Services Agreement with Kimley-Horn and Associates, Inc., in the Amount of $1,365,309 (including 15% Contingency) for Design Services for the East Bay Greenway Trail Segment from Irvington to the Fremont BART Station (PWC9101); Appropriation Actions; and Make Findings of CEQA Exemption.
Contact Persons:
Name: Mirabel Aguilar Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4761 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate the design of pedestrian and bicycle trail improvements connecting the Irvington District to Central Park and the Fremont BART Station.
BACKGROUND: The East Bay Greenway (Irvington to Fremont BART) Project proposes to construct a segment of the East Bay Greenway regional trail, extending from Irvington District to Fremont’s Central Park, and complete a trail connection between the East Bay Greenway and the Fremont BART station. East Bay Greenway is a priority regional trail project in Alameda County connecting the cities of Oakland, San Leandro, Hayward, Union City and Fremont. In south Fremont, the East Bay Greenway connects with the Bay Trail and extends into the cities of Milpitas, San Jose, and Santa Clara. The East Bay Greenway alignment in the Fremont area links together the BART stations in Union City, Central Fremont, Irvington (planned), and Warm Springs/South Fremont. Due to the near-term development of nearly 900 units of affordable housing close to the Irvington BART station in advance of the completion of the Irvington BART Station, priority is being given to complete the East Bay Greenway from Irvington to the Fremont BART station so that the Irvington community has more convenient access to the BART system.
In September 2023, the City Council approved a Project Funding Agreement (PFA) for the project with the Alameda County Transportation Commission (ACTC) and approved the appropriation of $1,033,000 in ACTC Measure BB funds and a reallocation of $25,000 in State gas tax (SB-1) funds for the project. The PFA was executed in July 2024.
In May 2024, City Council approved the appropriation of federal earmark funding (in the amount of $37,433) and local matching funds (in the amount of $282,551) for the project.
The next steps for advancing the East Bay Greenway (Irvington to Fremont BART) Project include: 1) prepare the State and federal environmental clearances; 2) complete the project design; 3) obtain necessary right of way; 4) seek funding for construction of the project.
DISCUSSION/ANALYSIS: On November 15, 2024, the City issued a Request for Proposals (RFP) for design services for the East Bay Greenway (Irvington to Fremont BART Project).
Two proposals were received on December 17, 2024, from the following firms, listed Council Staff Report (ID # 5394) Meeting of April 1, 2025 Updated: 3/28/2025 9:22 AM by Dina Lewis Page 2
alphabetically: Kimley-Horn and Associates, Inc. and Mark Thomas & Associates, Inc. The proposals were evaluated by a selection panel comprised of City staff based on criteria that included relevant experience, project understanding, overall project approach, and project delivery schedule. The consultant team led by Kimley-Horn and Associates, Inc. was selected as the top-ranked firm based on qualifications and experience on similar projects.
FISCAL IMPACT: The consultant fee for the design of the East Bay Greenway (Irvington to Fremont BART) Project is $1,160,513 with an additional $174,077 of contingency for a total fee amount of $1,334,590. In addition, at this time, staff recommends appropriating funds for staff management expenses by reallocating $200,000 in Fund 136 – State Gas Tax from Regional Projects Funding Match (PWC9041) to PWC9101. With the approval of the recommended reallocation of funds to the project, there will be sufficient funds for the ACTC grant, the design consultant contract, and to cover staff time for the East Bay Greenway (Irvington to Fremont BART) Project.
ENVIRONMENTAL REVIEW: Environmental review is not required because award of this agreement is not a project within the meaning of California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061 (b)(3) and 15378(b) as it can be seen with certainty that there is no possibility that award of the contract will have a significant effect on the environment and the award is an administrative activity that will not result in an effect on the physical environment. Appropriate environmental review will be prepared for this project as part of the professional services provided with this service agreement.
ATTACHMENTS: None.
RECOMMENDATION: Approval of the following actions related to the East Bay Greenway (Irvington to Fremont BART) Project (PWC9101):
1. Authorize the City Manager, or her designee, to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., in an amount not-to-exceed $1,365,309 for design services.
2. Authorize the City Manager, or her designee, to conduct all negotiations and execution of all documents related to the federal earmark funds.
3. Reallocate $200,000 from PWC9041-136 to PWC9101-136.
4. Find that the actions are exempt from environmental review as a separate and independent base for CEQA compliance, under CEQA Guidelines, Section 15378 (administrative and funding activity not a “project” under CEQA) and Section 15061 (no possibility the activity may have significant effect on the environment).