Fremont City Council Meeting: 04/14/26 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5689) DOC ID: 5689
Updated: 4/10/2026 9:18 AM by Alberto Quintanilla Page 1 FREMONT CENTRAL PARK RESTROOM REPLACEMENT PROJECT - Approval of Amendment to Construction Contract with Alex Kushner General Inc to Increase Funding in the Amount of $80,000 for the Fremont Central Park Restroom Replacements Project (PWC9089), and Finding the Actions Exempt from CEQA.
Contact Persons:
Name: Martha Martinez Hans Larsen
Title: Facilities Project Supervisor III Public Works Director Div/Dept: Public Works Public Works
Phone: 510-494-4750 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate a construction contract funding amendment to allow for completion of four park restroom replacement projects in Central Park.
BACKGROUND: On May 6, 2025, the City Council approved a construction contract with Alex Kushner General Inc. in the amount of $793,500 (including a 15% contingency) for the Fremont Central Park Restrooms Replacement Project, a project to replace old park restrooms at the Tennis Complex, Soccer Complex, Babbling Brook Picnic Area, and Lions Picnic Area. This contract included work to demolish the old restrooms, construct new foundations and utility connections, and to receive new prefabricated restroom buildings (provided by another vendor). Construction began in July 2025.
DISCUSSION/ANALYSIS: During construction, the contractor encountered challenges with unforeseen existing site conditions that resulted in additional scope of work. Revisions included the addition of structural seismic support (concrete grade beams), recommended by the project’s geotechnical engineer, due to proximity to the Hayward earthquake fault line (for the Babbling Brook and Lions Picnic area restrooms). Other unforeseen issues included replacement of a sewer line (in poor condition) not anticipated in the original scope of work, and removal and replacement of perimeter walkways to conform to the existing path of travel to meet ADA accessibility requirements.
The above noted revisions during construction exceeded the approved 15% construction contingency funds, as well as an additional 20% contingency approval amount authorized by the City Manager’s Office. Additional funding to complete the project now requires City Council approval in the amount of $80,000, and increasing the total contract amount with Alex Kushner General, Inc to $1,032,000. Subject to City Council approval, staff will prepare a final change order to increase the contract amount to cover the additional costs and to complete the project construction and have all four restrooms open by June 2026.
Project Cost and Funding:
Estimated Project Costs
Design Consultant and Project Administration $ 300,000
Council Staff Report (ID # 5689) Meeting of April 14, 2026 Updated: 4/10/2026 9:18 AM by Alberto Quintanilla Page 2 Construction Contract - Low Bid 690,000
Construction Contingency (15%) 103,500
Construction Inspection and Administration (10%) 69,000 CMO Construction Contingency (20% Above Approved Construction Contract)
158,700
Additional Construction Costs 80,000
Total Estimated Project Costs: $ 1,401,200
Source of Funding
Currently Budgeted
PWC 9089–501–Capital Improvement Fund $ 1,321,200
Proposed Funding
PWC 9089–501–Capital Improvement Fund $ 80,000
Total Funds Available $ 1,401,200
FISCAL IMPACT: The recommended $80,000 increase in project cost will be funded from sources in the adopted Capital Budget. The appropriation for the Citywide Park Restrooms Program (PWC9089) has sufficient funding to complete the project.
ENVIRONMENTAL REVIEW: The project is categorically exempt from environmental review based on, without limitation, CEQA Guideline Section 15302(c). The replacement of the existing park restroom involves negligible or no expansion of use or capacity, which does not involve significant new environmental effects or changed circumstances.
ATTACHMENTS: None.
RECOMMENDATION: Approval of the following actions related to the Fremont Central Park Restrooms Replacement Project (PWC9089):
1. Approve $80,000 in additional funds for the Fremont Central Park Restrooms Replacement Project and authorize the City Manager or designee to amend the construction contract with Alex Kushner General, Inc. for the additional work, for a total contract amount not to exceed $1,032,200.
2. Find the action is exempt from CEQA requirements pursuant to CEQA Guideline Section 15302 (replacement of existing facilities).