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
BY: francisco V. magos II, PE, Assistant Director
Capital Projects Department, Utilities and On-Site Project Management Division
RICHARD L. MADRIGAL, Project Manager
Capital Projects Department, Utilities and On-Site Project Management Division
SUBJECT
Title
Actions pertaining to the South Peach Avenue Park Project (Bid File 12402799) (Council District 5):
1. Adopt an Addendum to Mitigated Negative Declaration SCH 2021040358, dated April 12, 2021, prepared for Development Permit Application No. P21-00726 pursuant to California Environmental Quality Act Guidelines Sections 15162 and 15164;
2. Award a construction contract in the amount of $9,653,846.35 for the Base Bid plus all six (6) Add Alternates to American Paving Co. of Fresno, California, as the lowest responsive and responsible bidder for the South Peach Avenue Park Project.
Body
RECOMMENDATIONS
Staff recommends that Council (1) adopt an Addendum to Mitigated Negative Declaration SCH 2021040358, dated April 12, 2021, prepared for Development Permit Application No. P21-00726 pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15164, and (2) award a construction contract in the amount of $9,653,846.35 for the Base Bid plus all six (6) Add Alternates, to American Paving Co. of Fresno, California, as the lowest responsive and responsible bidder, for the construction of South Peach Avenue Park Project (Project), and authorize the Capital Projects Director or designee to sign a standardized construction 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 $9,653,846.35 for the base bid plus all six (6) Add Alternates for the South Peach Avenue Park Project. The Project will construct the first 10 acres (Phase I) of a 49-acre public park at 2155 South Peach Avenue that will provide green space and recreational amenities to the residents in southeast Fresno. The scope of work contains soccer fields, open space play areas, picnic areas, playground equipment, a pre-manufactured restroom building, beautifully landscaped areas and walking paths with 88 trees. The Project is fully funded by American Rescue Plan Act (ARPA), Park Impact Fees, and Measure P Category 2 funding. Subsequent phases will be designed and constructed as funding becomes available.
BACKGROUND
In 2006, the City acquired a 49-acre site located at 2155 South Peach Avenue, just south of East Hamilton Avenue. The site is comprised of two rectangular parcels, separated by a 60-foot-wide Southern Pacific Railroad parcel, which includes a railroad track and the Fresno Irrigation District’s Braley Canal. The site is presently vacant, with the exception of, a community garden operated under contract by Fresno “Metropolitan” Metro Ministry, located on the north parcel opposite the Braley canal.
On March 4, 2021, the City Council authorized a grant application for the development of Phase I of the South Peach Avenue Park Project to the State of California’s Statewide Park Development and Community Revitalization program (Prop 68). To support this application, the City conducted an Initial Study and prepared a Mitigated Negative Declaration in accordance with CEQA guidelines. While the Prop 68 application was ultimately not awarded, the City continued to pursue opportunities to develop the South Peach Avenue Park site.
On October 13, 2022, Council approved a Consultant Services Agreement with Blair, Church & Flynn Consulting Engineers, Inc., to provide a Site Master Plan for the entire site, and to develop construction drawings for Phase I which will construct roughly 10 acres on the southern portion of the site. CPD now seeks to award a construction contract to construct the proposed improvements. The new park will include soccer fields, open space play areas, picnic areas, playground equipment, a pre-manufactured restroom building, beautifully landscaped areas and walking paths with 88 trees. The Project is fully funded by ARPA, Park Impact Fees, and Measure P Category 2 funding. Subsequent phases will be designed and constructed as funding becomes available.
A Notice Inviting Bids was advertised and published on the City’s website, Planet Bids, and the Business Journal on July 15, 2024. The Project plans and specifications were distributed to sixteen (16) prospective bidders and posted at seven (7) building exchanges. Five (5) sealed bid proposals were received and publicly opened on August 20, 2024, with bid amounts for the Base Bid plus all six (6) Add Alternates ranging from $9,653,846.35 to $15,878,668.63. American Paving Co. of Fresno, California was determined to be the lowest responsive and responsible bidder in the amount of $9,653,846.35. The bids will expire on October 23, 2024. 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 an Addendum to Mitigated Negative Declaration SCH 2021040358, dated April 12, 2021, prepared for Development Permit Application No. P21-00726 pursuant to CEQA Guidelines Sections 15162 and 15164, and award a construction contract in the amount of $9,653,846.35 for the Base Bid plus all six (6) Add Alternates, to American Paving Co., as the lowest responsive and responsible bidder for the construction of the South Peach Avenue Park Project, and authorize the Capital Projects Director or designee to sign a standardized construction contract on behalf of the City.
The City Attorney’s Office has reviewed and approved the contract documents as to form.
ENVIRONMENTAL FINDINGS
An Initial Study (IS) and Mitigated Negative Declaration (MND) (Environmental Assessment No. P21-00726) was prepared for Development Permit Application No. P21-00726 pertaining to the proposed development of the 49-acre site and was approved by the Planning Department on June 9, 2021.
Since approval of the 2021 IS/MND, the Project has been revised to include a reconfigured site layout with additional recreational features. 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 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 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 15162 is appropriate:
1. No substantial changes are proposed that will require major revisions of the previous 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 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 IS/MND;
b. Significant effects previously examined will be substantially more severe than identified in the previous 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 requirements identified in the 2021 IS/MND remain substantively unchanged by the Project modifications described therein. 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 and 15164. This determination is based on substantial evidence, as set forth in the discussion 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 as prepared for Environmental Assessment No. P21-00726, dated June 9, 2021, for the South Peach Avenue Park Project.
LOCAL PREFERENCE
Local preference was not implemented because of federal ARPA funding.
FISCAL IMPACT
The proposed project is in Council District 5 and will have no impact to the General fund. The project is funded through FY 2025 ARPA, Park Impact Fees, and Measure P, Expenditure Category 2 Funds.
Attachments:
CEQA Addendum to the IS/MND
Bid Evaluation
Fiscal Impact Statement
Standardized Construction Contract
Vicinity Map
Location Map