REPORT TO THE CITY COUNCIL
FROM: Randall W. Morrison, PE, Director
Capital Projects Department
AARON A. AGUIRRE, Director
Parks, After School, Recreation, and Community Services Department
SCOTT L. MOZIER, PE, Director
Public Works Department
BY: francisco V. magos II, PE, Assistant Director
Capital Projects Department, Utilities and On-Site Project Management Division
L. NATHAN SANCHEZ, Projects Administrator
Capital Projects Department, Utilities and On-Site Project Management Division
SUBJECT
Title
Award a construction contract for the Base Bid plus all eight (8) Add Alternates in the total amount of $8,646,293 to Avison Construction, Inc of Madera, CA, as the lowest responsive and responsible bidder for the Transformative Climate Communities (TCC) Park at MLK Magnet Core Project (Bid File No. 12302905) (Council District 3).
Body
RECOMMENDATION
Staff recommends that Council award a construction contract to Avison Construction, Inc. for the Base Bid plus all eight (8) Add Alternates in the total amount of $8,646,293, as the lowest responsive and responsible bidder, for the TCC Park at the MLK Magnet Core site, which is within the project footprint of the West Creek Village Project (“MLK Magnet Core Project”) and authorize the Capital Projects Director or designee to sign a standardized construction contract on behalf of the City of Fresno.
EXECUTIVE SUMMARY
The community driven Transform Fresno Plan identified the TCC Park at MLK Magnet Core Project as a key project for southwest Fresno under the Transformative Climate Communities (TCC) funding program. The project proposes the construction of a new 10-acre public park to be located west of Martin Luther King Jr. Boulevard between Church and Jensen Avenues, in the center of the planned West Creek Village residential and commercial development and adjacent to the new State Center Community College District’s West Fresno Satellite Campus. The project is fully funded by the TCC Grant funding, local Development Park Impact Fees and a one-third developer contribution for a portion of the supporting improvements, as specified in the West Creek Village Development Agreement.
BACKGROUND
In January 2018, the City was awarded grant funds in the amount of $66,500,000 from the TCC Grant Program from the State of California through the Strategic Growth Council (SGC) to fund the development and implementation of neighborhood-level coordinated greenhouse gas emissions reduction projects that provide local economic, environmental and health benefits to disadvantaged communities, which was detailed in the Transform Fresno Plan. The Transform Fresno Plan was created by a participatory steering committee comprised of community stakeholders from the Chinatown, Downtown and Southwest Fresno neighborhoods. On February 28, 2019, the City Council unanimously approved the Master Grant Agreement which bound the City and SGC, and then subsequently approved the Sub-Recipient Agreement on January 16, 2020, between the City and Partners who received funds to implement components of the Transform Fresno Plan. Council approved a sub-recipient grant award to the Department of Public Works (DPW) in the amount of $5,430,466.53, for the implementation of Project 13 - Park at MLK Magnet Core.
The design started following the City Council approval of the consultant contract with MLA Green Inc., DBA Studio-MLA of Los Angeles, CA, on July 29, 2021. The design includes landscaping with 100 trees, low water use plantings and irrigation, walking paths, restroom, wet and dry utilities infrastructure, themed playground area, site furnishings and LED lighting. In accordance with the Development Agreement, the construction also includes a public road from Church Avenue, a loop road around the park that includes street improvements, street lighting and sidewalks. A temporary ponding basin along with underground utilities is also included as part of the construction for this project. The project will provide green space and infrastructure for new development in southwest Fresno.
The Notice Inviting Bids was advertised and published in the Business Journal on June 21, 2023, and posted on the City’s website. Two (2) building exchanges received the Notice Inviting Bids. The specifications were distributed to fifty-three (53) perspective bidders. Three (3) sealed bid proposals were received and opened in a public bid opening on September 19, 2023, with bids ranging from $8,646,293.00 to $9,969,492.42. The bids will expire 64 days after the bid opening, on November 22, 2023. If the bids are rejected or expire, the project will be rebid, resulting in a delay of construction completion.
Staff recommends that Council award a construction contract to Avison Construction, Inc. for the Base Bid plus all eight (8) Add Alternates in the total amount of $8,646,293, as the lowest responsive and responsible bidder, for the TCC Park at MLK Magnet Core Project and authorize the Capital Projects Director or designee to sign a standardized construction contract on behalf of the City of Fresno.
The Project Labor Agreement (PLA) specifically for the TCC Program, executed in August 2017, was included as part of the requirements for this project.
The City Attorney’s Office has reviewed and approved this item as to form.
ENVIRONMENTAL FINDINGS
A Mitigated Negative Declaration, A-17-007/R-17-010/TPM-17-06/ANX-17-005 was prepared for Plan Amendment Application No. A-17-007, Prezone Application No. R-17-010, Tentative Parcel Map Application No. TMP-2017-06 and Annexation Application No. ANX-17-005. It was adopted on August 24, 2017. The MND assessed a plan amendment, rezone, tentative parcel map, and annexation for approximately 115.95 acres located on the northwest corner of East Jensen and South Martin Luther King Jr. Blvd. On February 13, 2020 City Council approved Plan Amendment and Rezone Application No. P18-03290 which further refined the land use designations and zone districts for the West Creek Village Project Area. On February 27, 2020, the Council adopted Ordinance No. 2020-006 approving a Development Agreement by and between the City of Fresno and 2500 MLK, LLC. (“Development Agreement”) setting forth terms for the development of the West Creek Village project which included development of a 10 acre park and further contemplated that development of the park would be supported with TCC grant funds. Plan Amendment and Rezone Application No. P18-03290 and the Development Agreement were environmentally assessed with an addendum to MND No. A-17-007/R-17-010/TPM-17-06/ANX-17-005. This approval is to implement a a required term of the Development Agreement, through approval of a sub recipient agreement for TCC Grant funding, which is necessary funding for design, property acquisition, and construction of the park contemplated in the Development Agreement for the West Creek Village Project
An analysis has been performed pursuant CEQA Guidelines §15162 to determine whether subsequent environmental review is required for approval of the sub recipient agreement. Based upon this analysis the following findings are made to support the determination that no subsequent environmental review is required:
1. No substantial changes are proposed in the project which will require major revisions of the previous Mitigated Negative Declaration or the Addendum to the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, the park is still proposed to be located within the existing boundary of the West Creek Village Project in the same location as set forth in the Development Agreement and is the same size as discussed in the Addendum.
2. No substantial changes have occurred with respect to the circumstances under which the project was undertaken which will require major revisions of the previous Mitigated Negative Declaration or Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
3. There is no new information, which was not known and could not have been known at the time of the previous Mitigated Negative Declaration or Addendum showing that:
a) The project will have one or more significant effects not discussed in the previous Mitigated Negative Declaration or Addendum;
b) Significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration or Addendum;
c) Mitigation measures or alternatives previously found to be not feasible are now feasible and would substantially reduce one or more significant effects of the project.
Based upon these findings, it has been determined that no further environmental documentation is required for this approval.
LOCAL PREFERENCE
Local preference was not implemented because of the TCC Grant Funding.
FISCAL IMPACT
The TCC Park at MLK Magnet Core Project in the West Creek Village Project Area is located in Council District 3. The project is fully funded by the TCC Grant funding, local Development Park Impact Fees and a one-third developer contribution for a portion of the supporting improvements, as detailed out in the West Creek Village Development Agreement. Of the overall budget of the project, $8,646,293 will be used for the construction contract award. All funds necessary for the contract award are included in the current fiscal year budget as previously adopted by the Council. The project will have no impact to the General Fund.
Attachment(s):
Standard Contract
Bid Evaluation
Fiscal Impact Statement
Vicinity Map
Location Map