REPORT TO THE CITY COUNCIL FROM: SCOTT L. MOZIER, PE, Director Public Works Department AARON A. AGUIRRE, Director Parks, After School, Recreation and Community Services Department BY: WILLIAM C. HERR, Assistant Director Public Works Department, Facilities and Construction Management Divisions DEBBIE BERNARD, Project Manager Public Works Department, Facilities Management Division SUBJECT ..Title Actions pertaining to the Milburn and Dakota New Park Project: 1. Affirm City Manager's determination that the Community Design Works Group is uniquely qualified to provide design services 2. Approve an agreement with (CWDG) in the amount of $689,690 plus a contingency amount not to exceed $50,000 for the design and preparation of construction documents for the Milburn and Dakota New Park Project (Council District 1) ..Body RECOMMENDATIONS Staff recommends that Council affirm City Manager's determination that CWDG is uniquely qualified and approve an agreement with CWDG in the amount of $689,690 plus a contingency amount not to exceed $50,000 for the design and preparation of construction documents for the Milburn and Dakota New Park Project and authorize the Public Works Director or designee to execute the standard agreement on behalf of the City of Fresno. EXECUTIVE SUMMARY The City of Fresno was awarded funding through the State Park Development and Community Revitalization Program (Prop 68 SPP Program) for new park development at Milburn and Dakota Avenues. On March 10, 2022, City Council adopted the 48th Amendment to the Annual Appropriation Resolution (AAR) No. 2021-178 to appropriate $1,265,000 for the Milburn and Dakota New Park Project which provides appropriations in the Parks, After School, Recreation, and Community Services (PARCS) Department's Fiscal Year 2022 budget for project mobilization and design. The agreement with CWDG includes preparation of design and construction documents as well as construction estimates to complete the Milburn and Dakota New Park Project. BACKGROUND The city-owned 4-acre park site is located in Council District 1 at Milburn and Dakota Avenues adjacent to John Steinbeck Elementary School and across the street from St. Mary's Catholic Church. On February 27, 2020, City Council approved an agreement with CWDG for the Master Plan design for the development of the new 4-acre park at the Milburn and Dakota vacant park site for the Prop 68 SPP Program Grant Application. CWDG attended community engagement activities for the purpose of building community consensus on the programming and park amenity needs of the neighborhood. CWDG also prepared a detailed design plan for the park including site characteristics based on public comment. CWDG then prepared two formal comprehensive concept designs and provided engineer's estimates of probable costs for both designs for submission with the Grant application. In December 2020, City Council authorized the PARCS Department to submit a grant application and execute the related grant agreement to the Prop 68 SPP Program for the Milburn and Dakota New Park Project. The concept design for the Milburn and Dakota Park includes amenities such as two playgrounds with shade sails, a dog park, skate park, rubberized jogging track, exercise area, splash pad, multi-use courts, a restroom facility with outdoor showers and equipment storage, picnic areas with shelters, and landscaping and lighting throughout the park. The City of Fresno was awarded funding through the Prop 68 SPP Program in the amount of $8,500,000 for the new park development at Milburn and Dakota. On March 10, 2022, City Council adopted the 48th Amendment to the Annual Appropriation Resolution (AAR) No. 2021-178 to appropriate $1,265,000 for the Milburn and Dakota New Park Project providing appropriations in the PARCS Department's Fiscal Year 2022 capital budget to sufficiently cover anticipated expenditures including project design. Based on the extensive work by CWDG on the Master Plan for the Prop 68 Grant Application, and the preparation and finalization of the mitigated negative declaration submitted to the Planning Division for subsequent approval on Development Permit Application No. P21-00779, the City Manager has determined that CWDG is uniquely qualified to fully develop the conceptual site plan into working construction documents for the Milburn and Dakota New Park Project. Staff is recommending that Council affirm City Manager's determination that CWDG is uniquely qualified and approve the agreement with CWDG in the amount of $689,690 with a contingency amount not to exceed $50,000 and authorize the Public Works Director or designee to sign and execute the contract approved by the City Attorney's Office on behalf of the City of Fresno. ENVIRONMENTAL FINDINGS An Initial Study and Mitigated Negative Declaration (Environmental Assessment No. D-21-779) dated March 2021, was prepared for Development Permit No. D-21-779 (P21-00779) pertaining to the development of a neighborhood park including park amenities, landscape and lighting; which was adopted on June 3, 2021. An analysis has been performed pursuant CEQA Guidelines � 15162 to determine whether subsequent environmental review is required for this project. 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 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There have been no changes to the project. This action is to implement a portion of the project consistent with what was already assessed. 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 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, no substantial changes to the circumstances have occurred. 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 showing that: a. The project will have one or more significant effects not discussed in the previous Mitigated Negative Declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration; 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 project. LOCAL PREFERENCE Local preference was not implemented because CWDG is uniquely qualified. FISCAL IMPACT There is no new net fiscal impact to the General Fund. The consultant agreement is fully funded from Prop 68 SPP Program grant funds. Attachments: Consultant Agreement Uniquely Qualified Memo