Title
Recommendation to Authorize the Interim City Manager to Execute a First Amendment to the Agreement with SpenCon Construction for Repairs of Sidewalks, Curbs, and Gutters to Increase the Not-to-Exceed Amount by $1,200,000 for a Total Not-to-Exceed Amount of $5,755,650.
In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities). (Public Works C14000)
Body
To: Honorable Mayor and Members of the City Council
From: Adam W. Politzer, Interim City Manager
EXECUTIVE SUMMARY
The City of Alameda (City) entered into an agreement with SpenCon Construction (SpenCon) on September 6, 2023 to perform repairs to sidewalks, curbs, gutters and related infrastructure needed to maintain safe and accessible pedestrian pathways. The agreement established annual not-to-exceed amounts based on the City’s available budget for repairing sidewalk damage caused by street trees. The agreement is included as Exhibit 1.
In February 2025, the City launched a sidewalk repair pilot program that allows property owners to request the City to complete repairs for which they are responsible for and be invoiced for the work. Since the launch of the pilot program, these repairs have been performed under the existing SpenCon agreement.
Due to strong participation in the pilot program, the SpenCon agreement requires amendment to increase the annual not-to-exceed amounts for the remaining three years of the five-year contract. Staff recommends increasing the agreement authority by $400,000 per year for the remaining three years to accommodate the additional work generated by the pilot program. This amendment would increase the total agreement amount by $1,200,000, bringing the total not-to-exceed to $5,755,650. A budget amendment is not required because the currently adopted budget already accounts for property owner payments associated with this work.
BACKGROUND
The City has over 260 miles of sidewalk. Safe, accessible, and well-maintained sidewalks are fundamental to mobility, accessibility and healthy communities. The City’s sidewalk program consists of three main components:
1) temporary repairs that shave the existing sidewalk to remove tripping hazards; and
2) the City’s removal and replacement of sidewalk damaged by street trees; and
3) notification to property owners informing them of their responsibility to repair damage not caused by street trees.
In February 2025, the City launched a sidewalk repair pilot program that allows property owners to request the City to complete repairs for which they are responsible for and be invoiced for the work. Since the launch of the pilot program, these repairs have been performed under the existing SpenCon agreement. The pilot program also includes the City making temporary repairs to damaged sidewalk, regardless of cause.
DISCUSSION
The City entered into an agreement with SpenCon on September 6, 2023 to perform repairs to sidewalks, curbs, gutters and related infrastructure needed to maintain safe and accessible pedestrian pathways. The agreement established annual not-to-exceed amounts based on the City’s available budget for repairing sidewalk damage caused by street trees.
Due to strong participation in the pilot program, the agreement requires amendment to increase the annual not-to-exceed amounts for the remaining three years of the five-year contract. Staff recommend increasing the agreement authority by $400,000 per year for the remaining three years to accommodate the additional work generated by the pilot program. This amendment would increase the total agreement amount by $1,200,000, bringing the total not-to- exceed to $5,755,650. The proposed First Amendment is included as Exhibit 2. A budget amendment is not required because the currently adopted budget already accounts for property owner payments associated with this work.
ALTERNATIVES
• Authorize the Interim City Manager to execute the First Amendment to SpenCon’s agreement, as proposed.
• Authorize the Interim City Manager to execute the First Amendment to SpenCon’s Agreement with revisions directed by the City Council.
• Do not authorize the First Amendment, which will reduce the City’s contracting capacity to assist property owners in making repairs to damaged sidewalk.
FINANCIAL IMPACT
Funding for SpenCon’s agreement is budgeted in the Capital Improvement Project C14000 - Sidewalks. Funding sources for C14000 include Measure BB Local Streets and Roads and property owner payments. There are sufficient funds within C14000 to support the proposed amendment to SpenCon’s agreement. There is no impact to the General Fund. Any future appropriations will be subject to future City Council approval.
|
Fiscal Year |
Not-to-Exceed Original Agreement |
Proposed Increase First Amendment |
Revised Not-to-Exceed |
|
23-24 |
$ 1,399,400 |
$ - |
$ 1,399,400 |
|
24-25 |
$ 750,000 |
$ - |
$ 750,000 |
|
25-26 |
$ 775,000 |
$ 400,000 |
$ 1,175,000 |
|
26-27 |
$ 801,250 |
$ 400,000 |
$ 1,201,250 |
|
27-28 |
$ 830,000 |
$ 400,000 |
$ 1,230,000 |
|
Total |
$ 4,555,650 |
$ 1,200,000 |
$ 5,755,650 |
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The recommendation to amend the agreement with SpenCon is consistent with the Alameda General Plan Mobility Element Goal No. 2 - Safety:
Eliminate fatalities and severe injuries on Alameda’s streets, sidewalks, crosswalks and trails by 2035
Specifically, the sidewalk repair work done by SpenCon addresses the following Policies:
• ME-3 - Vulnerable Communities, Action b. “Safe Path of Travel” - Continue to improve the transportation network to ensure a continuous and safe path of travel throughout the city for youth, seniors, and people with disabilities.
In addition, the City’s Strategic Plan project TIE19 is to:
Implement ADA (Americans with Disabilities Act) plan for City programs, facilities, parks, streets, and sidewalks
This action is subject to the Levine Act.
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities).
CLIMATE IMPACT
Safe, walkable sidewalks are essential to meeting the vehicle miles traveled reduction goals in the City’s Climate Action and Resiliency Plan. Although cement manufacturing contributes to greenhouse gas emissions, the City’s contractor is required to recycle a minimum of 95% of the concrete removed.
RECOMMENDATION
Authorize the Interim City Manager to execute a First Amendment to the Agreement with SpenCon Construction to increase the not-to-exceed amount by $1,200,000 for a total not-to-exceed amount of $5,755,650.
Respectfully submitted,
Erin Smith, Public Works Director
By,
Will Smith, Project Manager
Financial Impact section reviewed,
Ross McCarthy, Finance Director
Exhibits:
1. SpenCon Agreement
2. First Amendment