REPORT TO THE CITY COUNCIL
FROM: NICHOLAS D. MASCIA, PE, Assistant City Manager
Interim Director - Capital Projects Department
AARON A. AGUIRRE, Director
Parks, After School, Recreation, and Community Services Department
BY: francisco V. magos II, PE, Assistant Director
Capital Projects Department, Utilities and On-Site Project Management
RAYMUNDO CASILLAS, Engineer II
Capital Projects Department, Utilities and On-Site Project Management
SUBJECT
Title
Actions pertaining to the Dolores Huerta Park (formerly known as Milburn Dakota Park) Project (Bid File 12500880), (Council District 1):
1. Adopt Addendum to Mitigated Negative Declaration No. P21-00779, dated September 4, 2024, prepared for Development Permit Application No. P21-00779 pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15164 and 15162;
2. Enter into a Mitigation Agreement with Fresno Metropolitan Flood Control District to mitigate impacts of runoff and to incorporate such mitigation measures into an on-site storm drainage system;
3. Award a construction contract in the amount of $9,950,023.15, for the Base Bid plus four (4) of six (6) Add Alternates with American Paving Co., of Fresno, California, as the lowest responsive and responsible bidder for the Dolores Huerta Park Project.
Body
RECOMMENDATIONS
Staff recommends City Council (1) adopt Addendum to Mitigated Negative Declaration No. P21-00779, pursuant to Sections 15164 and 15162 of the California Environmental Quality Act (CEQA) Guidelines for the Dolores Huerta Park Project, (2) enter into a Mitigation Agreement with Fresno Metropolitan Flood Control District (FMFCD) to mitigate impacts of stormwater runoff and incorporate such mitigation measures into an on-site storm drainage system, and authorize the City Manager or designee to sign and execute the agreement, (3) award a construction contract in the amount of $9,950,023.15 for the Base Bid plus four (4) of six (6) Add Alternates to American Paving Co., of Fresno, California, as the lowest responsive and responsible bidder for the Dolores Huerta Park Project (Project), and authorize the Capital Projects Interim Director or designee to sign and execute the standardized contract on behalf of the City of Fresno (City).
EXECUTIVE SUMMARY
The Capital Projects Department (CPD) seeks to award a construction contract to American Paving Co., following a competitive bidding process which identified them as the lowest responsive and responsible bidder in the amount of $9,950,023.15 for the base bid plus four (4) Add Alternates for the Dolores Huerta Park Project. The Project will construct a new 4.5-acre public park at 4550 West Dakota Avenue on a vacant parcel of City-owned land and will provide green space and recreational amenities to the residents in northwest Fresno. The project will also construct offsite roadway improvements along West Dakota Avenue that comply with City Standard requirements. The construction contract will be funded utilizing Fiscal Year (FY) 2025 appropriations from Proposition 68 and Park Impact Fees.
BACKGROUND
The City of Fresno Parks, After School, Recreation and Community Services Department (PARCS) proposes to expand access to Fresno’s parks and open space by developing a new 4.5-acre public park at the northeast corner of Milburn and Dakota Avenues. Pursuant to this goal, on June 30, 2022, City Council approved a Consultant Services Agreement with Community Design Works Group (CDWG) to develop construction documents for the project. CPD now seeks to award a construction contract to construct the proposed improvements. The new park will include amenities such as playgrounds, multi-use courts, a splash pad, shade structures, seating areas, a skate park, dog park, restroom, and landscape improvements. In addition, the Project will also include roadway improvements including installation of sidewalk, curb and gutter, street lighting, bike lanes, and roadway reconstruction to provide safe access to the park.
A Notice Inviting Bids was advertised and published on the City’s website and Planet Bids on December 13, 2024. The project plans and specifications were distributed to one hundred sixteen (116) prospective bidders and posted at nine (9) building exchanges. Four (4) on-line bid proposals were received and publicly opened on January 28, 2025, with net bid amounts ranging from $9,655,139.55 to $13,212,603.54. Upon evaluation of the bids, one contractor was deemed nonresponsive and excluded from the list of potential awardees. American Paving Co. was determined to be the lowest responsive and responsible bidder in the amount of $9,950,023.15 for the Base Bid plus four (4) of six (6) Add Alternates. The bids will expire on April 2, 2025. If the bids are rejected or expire, the Project must be rebid which will result in a delay to the project.
This contract is covered by the Community Workforce Agreement (PLA), adopted by Council in September 2021. The contractor shall become signatory to the PLA by executing the Agreement to be bound.
Staff now recommends that Council adopt Addendum to Mitigated Negative Declaration No. P21-00779, dated September 4, 2024, prepared for Development Permit Application No. P21-00779 pursuant to Sections 15164 and 15162 of the CEQA Guidelines, enter into a Mitigation Agreement with FMFCD to mitigate impacts of stormwater runoff and incorporate such mitigation measures into an on-site storm drainage system, and authorize the City Manager or designee to sign and execute the agreement, and award a construction contract in the amount of $9,950,023.15, for the Base Bid plus four (4) of six (6) Add Alternates to American Paving Co., of Fresno, California as the lowest responsive and responsible bidder for the Dolores Huerta Park Project, and authorize the Capital Projects Interim Director or designee to sign and execute the standardized contract on behalf of the City.
The City Attorney’s Office has reviewed and approved all documents as to form.
ENVIRONMENTAL FINDINGS
A Mitigated Negative Declaration (2021 IS/MND) (Environmental Assessment No. P21-00779) was prepared for Development Permit Application No. P21-00779 pertaining to the proposed development of the 4.5-acre site and was approved by the Planning Department on June 3, 2021.
Since approval of the 2021 IS/MND, the Project has been revised to include additional improvements to the project and mitigation measures. These improvements would be constructed entirely within the footprint of the Project previously analyzed in the 2021 IS/MND.
Pursuant to Section 15164 of the State CEQA Guidelines, preparation of an addendum to an adopted mitigated negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent mitigated negative declaration have occurred.
An analysis has been conducted pursuant to Section 15162 of CEQA to determine whether subsequent environmental review is required. Based upon this analysis, the following findings are made to support the determination that an addendum prepared pursuant to CEQA Guidelines Sections 15164 and 15162 is appropriate:
1. No substantial changes are proposed that will require major revisions of the previous 2021 IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The proposed revisions to the Project are relatively minor in nature and, as documented in the Addendum, would not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
2. No substantial changes have occurred with respect to the circumstances under which the Project was undertaken which will require major revision of the previous 2021 IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
3. No new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous IS/MND was adopted shows any of the following:
a. The Project will have one or more significant effects not discussed in the previous 2021 IS/MND;
b. Significant effects previously examined will be substantially more severe than identified in the previous 2021 IS/MND;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the Project, but the Project proponent declines to adopt the mitigation measures or alternatives;
d. Mitigation measures or alternatives that are considerably different from those analyzed in the previous IS/MND would substantially reduce one or more significant effects on the environment, but the Project proponent declines to adopt the mitigation measures or alternatives.
The Addendum to the 2021 IS/MND demonstrates that the environmental analysis, impacts, and mitigation measures identified in the 2021 IS/MND remain substantively unchanged by the Project modifications described in the Addendum. The analysis provided within the Addendum supports the finding that the Project does not raise any new issues and does not exceed the levels of impact significance identified in the 2021 IS/MND. Accordingly, preparation of a subsequent IS/MND is not necessary, pursuant to State CEQA Guidelines Sections 15162. This determination is based on substantial evidence, as set forth in the discussion within the Addendum of the revised Project and the environmental impacts associated with the revised Project.
The Addendum to the 2021 IS/MND is not required to be circulated for public review per State CEQA Guidelines Section 15164(c); however, the Addendum is required to be considered by the decision-making body along with the previously certified 2021 IS/MND prior to making a decision on the revised Project (CEQA Guidelines Section 15164(d)). Staff recommends Council adopt the Addendum to the 2021 IS/MND, dated September 4, 2024, for the Dolores Huerta Park Project.
LOCAL PREFERENCE
American Paving Co., Inc. is a local business, as defined by the Fresno Municipal Code.
FISCAL IMPACT
The Dolores Huerta Park Project is located in Council District 1 and will have no impact to the General Fund. The Project will be funded with FY2025 Proposition 68 and Park Impact Fee Appropriations.
Attachments:
CEQA Addendum to the IS-MND
FMFCD Mitigation Agreement
Bid Evaluation
Fiscal Impact Statement
Standardized Contract
Vicinity Map
Location Map