Fremont City Council Meeting: 05/06/25 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5431) DOC ID: 5431
Updated: 5/1/2025 11:57 AM by Susan Gauthier Page 1
WALNUT AVENUE BIKEWAY IMPROVEMENTS - Approval of Plans and Specifications; Award Contract to Radius Earthwork Inc. in the Amount of $3,327,642.60 (includes 10% Contingency) for the Walnut Avenue Bikeway Phase 2 Improvement Project (PWC9100A); Appropriation Actions; and Make Findings of CEQA Exemption
Contact Persons:
Name: Edelzar Garcia Hans Larsen
Title: Senior 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 the construction of a multimodal improvement project along Walnut Avenue from Fremont Boulevard to Paseo Padre Parkway. The project is the completion of a series of investments that are improving Walnut Avenue to provide safe and convenient mobility by all travel modes and for all ages and abilities. The project is in close proximity to the Fremont BART station and is partially funded through a Safe Routes to BART grant.
BACKGROUND: In 2023, the City of Fremont received a competitive grant through the Safe Routes to BART (SR2B) Program to enhance bicycle safety along Walnut Avenue between Fremont Boulevard and Paseo Padre Parkway and improve station access for BART riders.
The Project consists of constructing a raised separated bikeway along Walnut Avenue, a pedestrian flashing beacon at the intersection of Walnut Avenue and California Street, pavement maintenance improvements, and the planting of trees and landscaping within an existing median island.
The project represents the completion of improvements along the Walnut Avenue corridor from Mission Boulevard to Fremont Boulevard, that began in 2019 and has been funded by a combination of grants from the Alameda County Transportation Commission (ACTC), BART, the Metropolitan Transportation Commission (MTC), and private development. The corridor serves to connect a variety of land uses that include the California School of the Blind, new high-density housing, the Fremont BART station, health care offices, senior facilities, and the Downtown Fremont area. The project has been designed using current standards for “complete streets” that are safe and convenient for all travel modes and all ages and abilities. Other corridor investments have included modernization of traffic signals with pre-emption technology for emergency vehicles and improvements to pavement conditions.
Construction is anticipated to begin in Summer 2025 with completion scheduled by Summer 2026.
DISCUSSION/ANALYSIS: Bids for this project were opened on April 1, 2025. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $3,400,000.
Council Staff Report (ID # 5431) Meeting of May 6, 2025 Updated: 5/1/2025 11:57 AM by Susan Gauthier Page 2
Bidder Bid Amount
1. Radius Earthwork Inc. $3,025,129.60
2. GradeTech, Inc. $3,085,124.68
3. Galeb Paving, Inc. $3,125,885.00
4. Sposeto Engineering, Inc. $3,309,777.50
5. Redgwick Construction Co. $3,351,778.00
6. O’Grady Paving, Inc. $3,406,087.50
7. QLM-Inc. $3,449,317.00
8. Ghilotti Construction Company, Inc. $3,737,155.25
Bid Protest: GradeTech Inc., the apparent second low bidder, submitted a bid protest within the applicable time period (see attached letter). Staff reviewed the bid protest and finds it without merit. Therefore, staff recommends rejecting the bid protest and awarding the contract to Radius Earthwork, Inc.
The GradeTech Inc.’s protest letter cited three arguments for their basis for protest as follows:
1. Radius Earthwork failed to list a C-10 Licensed electrical subcontractor for the electrical portion of the bid.
City Response: Bid requirements state that for each subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the Bidder’s total Contract Price, the bidder must list a description of the Work, the name and email address of the Subcontractor and the percentage of the total Work to be performed by that Subcontractor, as a portion of the base bid price. Radius Earthwork provided a written response stating that it plans to self-perform most of the work, including purchasing of material. Radius Earthworks intends to subcontract an electrical subcontractor for a portion of electrical work in an amount for $14,500, which is less than one-half of 1%. As such, Radius Earthwork was not required to list the subcontractor in their bid.
2. Radius Earthwork failed to acknowledge the type of Bid Security in Section 5 of the Bid Proposal.
City Response: Radius Earthwork submitted a Bid Bond as their Bid Security. The omission of acknowledging the type of Bid Security is an administrative oversight and can be waived without prejudice to the other bidders.
3. Radius Earthwork failed to properly sign the Bid Proposal. GradeTech claims that as a California Corporation, Radius Earthwork is required to have two officers sign the Bid Proposal as required in the Instructions to Bidders.
City Response: The omission, error or minor deviation from the bid invitation requirements is an immaterial irregularity. The missing second signature would be an immaterial irregularity because it does not affect the price, quantity, quality, or delivery of the services, and can be corrected or waived without prejudice to the other bidders.
Council Staff Report (ID # 5431) Meeting of May 6, 2025 Updated: 5/1/2025 11:57 AM by Susan Gauthier Page 3
For the reasons set forth above, Staff recommends that the City Council reject GradeTech’s bid protest as without merit and award the contract to Radius Earthwork as the lowest responsive and responsible bidder.
Radius Earthwork is a responsible bidder experienced in this type of work and has satisfactorily completed contracts of this nature with 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 the contractor Radius Earthwork 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.
The project cost is consistent with the Engineer’s Estimate, but funding transfers are needed to augment the project budget. The SR2B Grant was accepted by the City Council at its October 17, 2023, meeting. At the time of Grant approval, the reallocation of local matching funds was deferred until the construction contract award. In addition, landscaping improvements were added to the scope of work within the project limits.
Project Costs and Funding:
Estimated Project Costs
Preliminary Engineering, Design and Project Management $600,576.00 Construction Cost (Lowest Responsible Bid) $3,025,129.60 Construction Inspection, Surveying and Administration (15%) $453,769.00 Construction Contingency (10%) $302,513.00
Total Estimated Project Costs $4,381,987.60
Source of Funding:
Currently Budgeted
PWC9100 – Fund 134 – SB1 (Design Only) $12,500.00
PWC9100 – Fund 504 – ACTC/MTC Capital Grants (Design Only) $375,331.88 PWC9100 – Fund 515 – ACTC Measure B 2012 Bike/Peds Funds (Design Only) $112,744.12 PWC9100 – Fund 531 – Traffic Impact Fee $100,000
PWC9110 – Fund 571 – Safe Routes to BART Grant (SR2B) $1,500,000
Proposed Additional Funding
PWC8677 – Fund 136 – Gas Tax $675,000
PWC8932 – Fund 531– Traffic Impact Fee $1,500,000
PWC9041 – Fund 515 – ACTC Measure BB Local Streets $30,000 PWC9041 – Fund 531 – Traffic Impact Fee $97,000
Total Funding Available $4,402,576
FISCAL IMPACT: Funding transfers in the amount of $2,302,000 (including $974,120 of required local match for the SR2B grant) are recommended to complete the construction of the project. The proposed additional sources of funding include: reallocating $675,000 from the State Street Complete Street Project (PWC8677, Fund 136 – Gas Tax); $1,500,000 from the Grimmer Blvd. Project (PWC8932, Fund 531 - Traffic Impact Fee), $97,000 from the Regional Projects Funding Match Program (PWC9041, Fund 531 - Traffic Impact Fee); and $30,000 from the Regional Projects Funding Match Program (PWC9041, Fund 515 - Measure BB). Alternative funding sources for the State Street and Grimmer Blvd. projects will be Council Staff Report (ID # 5431) Meeting of May 6, 2025 Updated: 5/1/2025 11:57 AM by Susan Gauthier Page 4
pursued from grant sources, including from the ACTC Measure BB program which has funds dedicated to the City of Fremont for “complete street” improvements.
Staff recommends the reallocation of funds as proposed above, 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), 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 requires 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 and 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.
ATTACHMENTS: None.
RECOMMENDATION: Approval of the following actions related to the Walnut Avenue Bikeway Phase 2 Improvement Project (PWC9100A):
1. Approve the plans and specifications for the project.
2. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Radius Earthwork Inc., Inc. in the amount of $3,025,129.60 and allocate a 10% construction contingency in the amount of $302,513.00 for a total construction contract amount of $3,327,642.60 and authorize the City Manager or designee to execute the contract.
3. Reallocate $675,000 from PWC8677-136 and appropriate it to PWC9110-136.
4. Reallocate $1,500,000 from PWC8932-531 and appropriate it to PWC9110-531.
5. Reallocate $97,000 from PWC9041-531 and appropriate it to PWC9110-531.
6. Reallocate $30,000 from PWC9041-515 and appropriate it to PWC9110-515.
7. Find that this project is exempt from California Environmental Quality Act (CEQA) review pursuant to Section 21080.25 of the California Public Resources Code as a sustainable 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 expansion of use beyond that presently existing.