Title
Recommendation to Authorize the City Manager to Execute a Sixth Amendment to the Agreement with CDM Smith, Inc., to Increase Compensation by $235,500, Including Contingencies, for a Total Aggregate Compensation Not-to-Exceed $4,014,428, to Continue Construction Support for the Central Avenue Safety Improvements Project.
In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land). (Public Works 31041520)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
The Central Avenue Safety Improvements Project, No. PW 07-24-19, started construction in January 2025 and is currently in Phase 2 of three phases of construction. CDM Smith, Inc. is the design engineering firm and has been utilized throughout construction for technical guidance and support as questions arise in the field.
Staff recommends that City Council authorize the City Manager to execute a Sixth Amendment to the Agreement with CDM Smith, Inc. to allow for continued support during construction. The Sixth Amendment increases compensation by $235,500, including contingencies, for a total aggregate compensation not-to-exceed $4,014,428. This increase is due to unanticipated design requirements due to regulation changes for the required Municipal Regional Stormwater Permit.
BACKGROUND
The Central Avenue Safety Improvements Project is 1.7 miles in length from the intersection of Central Avenue / Pacific Avenue / Main Street to the intersection of Central Avenue / Sherman Avenue / Encinal Boulevard and includes a road diet with two motor vehicle travel lanes, a two-way left-turn lane as a center lane, bikeways and, three roundabouts at 1) Main Street / Pacific Avenue / Central Avenue; 2) Third Street / Taylor Avenue / Central Street; and 3) Fourth Street / Ballena Boulevard / Central Avenue, pavement resurfacing, improved bus stops, enhanced pedestrian crossings, and street trees/raingardens.
Phase 1 of the project, which included work on the north side of the roundabouts at the intersections of 3rd Street / Taylor Avenue / Central Avenue and 4th Street / Ballena Boulevard / Central Avenue is substantially complete with the initial pavement completed in early July 2025. Phase 2 of the project is currently underway, which includes work on the south side of the roundabouts at the intersections of 3rd Street / Taylor Avenue / Central Avenue and 4th Street / Ballena Boulevard / Central Avenue. Phase 2 is anticipated to be substantially complete in September 2025. Phase 3 includes construction of the roundabout at the intersection of Pacific Avenue / Central Avenue / Main Street. Phase 3 work is anticipated to be substantially complete in the first quarter of 2026.
DISCUSSION
Staff recommends City Council authorize a Sixth Amendment to the Agreement with CDM Smith, Inc. to provide continued construction support and preparation of as-builts and close out reports at the conclusion of the Central Avenue Safety Improvements project. The Sixth Amendment would increase compensation by $235,500, including contingencies, for a total aggregate compensation not-to-exceed $4,014,428.
Design costs for this project were unexpectedly higher than other corridor projects because the Municipal Regional Stormwater Permit (MRP) regulations changed between the design phase and the construction phase. This is a permit regulated by the State of California. The project was designed under the second version of the MRP (MRP 2). Under MRP 2 the project was considered “unregulated,” meaning that, while green infrastructure was included in the project, it was not a requirement.
The third version of the MRP (MRP 3) went into effect on July 2, 2023. Under MRP 3 the project became “regulated,” meaning that not only was green infrastructure now a requirement of the project, but that green infrastructure had to meet certain treatment goals.
The change in regulated status of the project triggered major redesign of the drainage, utilities and landscaping plans as well as reporting requirements to the State. Much of the funds associated with the Fifth Amendment were used to incorporate the necessary design changes, leaving a shortfall to cover construction and close out support for the remainder of the project.
In addition, the existing conditions on site have proven to be significantly different from the design assumptions, resulting in the need for close and regular communication between the design engineer and the contractor. For example, railroad ties were uncovered in multiple locations, on-going work by AUSD at Encinal High School changed site conditions during construction by installing a new fence, and up to one foot of existing asphalt was uncovered in locations that were anticipated to have two inches.
The original CDM Smith, Inc. agreement was for the Project Initiation Document (PID) and Optional Amendments for the Project Approval and Environmental Document (PA&ED) and the Plans, Specifications, and Estimates (PS&E). The First Amendment of the Agreement was a time extension. The Second Amendment was consistent with the approval of the original contract, which stated that City of Alameda (City) staff would return to request City Council authorization to proceed with the PA&ED and PS&E. The Third Amendment allowed for continued Caltrans coordination during PA&ED and PS&E, the completion of the design with the two additional roundabouts and construction engineering support. The Fourth Amendment allowed for continued Caltrans coordination for the PS&E and construction phases, the completion of the design for the roundabout at the Central Avenue/Fourth Street/Ballena Boulevard intersection, and additional construction engineering support. The Fifth Amendment allowed for the completion of design work, continued Caltrans coordination, and more extensive construction support. The original agreement and previously approved amendments are included in Exhibit 1. The Sixth Amendment (Exhibit 2) provides for continued construction support through the completion of the project.
ALTERNATIVES
• Authorize the City Manager to execute the Sixth Amendment to CDM Smith’s contract.
• Authorize the City Manager to execute the Sixth Amendment to CDM Smith’s contract with revisions determined necessary by the City Council.
• Do not authorize the amendment.
FINANCIAL IMPACT
The Central Avenue Safety Improvements project is budgeted in Capital Improvement Program (CIP) C65600. This project is funded by federal and state grants, Measure B and BB Local Streets and Roads monies, Transportation Development Impact Fees (DIF), and the General Fund.
This Sixth Amendment would increase compensation by $235,500, including contingencies, for a total aggregate compensation not-to-exceed $4,014,428 (Table 1). There is currently an unencumbered project balance in C65600 of $395,281. Appropriation of additional funds is not needed to encumber an additional $235,500 for the proposed Sixth Amendment.
Table 1: Central Avenue Project - Costs by Contract Phase for CDM Smith
|
Contract |
Approval Date |
Amount |
Expended (as of July 2025) |
|
Original Contract |
April 18, 2018 |
$372,930 |
$372,930 |
|
1st Amendment |
June 10, 2019 |
Time extension |
Not applicable |
|
2nd Amendment |
Nov. 7, 2019 |
$2,200,000 |
$2,200,000 |
|
3rd Amendment |
Dec 7, 2022 |
$586,000 |
$586,000 |
|
4th Amendment |
May 16, 2023 |
$420,000 |
$420,000 |
|
5th Amendment 6th Amendment |
Sept. 17, 2024 Sept. 2, 2025 |
$200,000 $235,500 |
$199,785 |
|
Total |
|
$4,014,428 |
$3,778,715 |
The proposed amendment allows for continued Caltrans coordination, and construction engineering on the Central Avenue Safety Improvements Project.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code and the City's Mobility Element of the General Plan with the four main goals of equity, safety, choices and sustainability.
General Plan policies support complete streets, which are designed for all modes of transportation. General Plan policies LU-3 Complete Streets and ME-10 Movement, Action A, Complete Streets. The project is also included in Resolution 15849, Making Significant Safety Improvements to Alameda Streets in 2022 and Beyond to End Fatalities and Serious Injuries.
The Central Avenue Safety Improvements Project implements the City of Alameda’s (City) 2018 Transportation Choices Plan, 2019 Climate Action and Resiliency Plan, 2019 Intersection Daylighting Policy, 2019 Lane Widths Policy, 2021 Vision Zero Action Plan, 2022 Active Transportation Plan and is in the City Strategic Plan, project TIE 12 to construct Central Avenue safety improvements including roundabouts and bicycle lanes. The project implements the goals of these plans by achieving four overarching objectives as follows:
1. Reduce crashes and improve safety for all modes of travel and for all members of the community including children, seniors, people with disabilities, bicyclists, transit riders and automobile drivers;
2. Improve bicycle and pedestrian access and safety between West Alameda and Central Alameda and along the San Francisco Bay Trail;
3. Reduce greenhouse gas emissions; and
4. Reduce automobile delay and improve traffic operations and travel times.
This action is subject to the Levine Act.
ENVIRONMENTAL REVIEW
In accordance with CEQA, this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land).
Additionally, in accordance with the National Environmental Policy Act (NEPA) determination, Caltrans, which is the lead agency on this project for purposes of NEPA, has determined that this project satisfies the criteria for categorical exclusions set forth 23 Code of Federal Regulations (CFR) 771.117(c)(3) and therefore no further NEPA review is required.
CLIMATE IMPACT
Since vehicle miles traveled in Alameda is the largest source of greenhouse gas emissions in Alameda, safety improvements in support of pedestrians, bicyclists and transit will have a positive climate impact.
RECOMMENDATION
Authorize the City Manager to execute a Sixth Amendment to the agreement with CDM Smith, Inc. to increase compensation by $235,500, including contingencies, for a total aggregate compensation not-to-exceed $4,014,428, to continue construction support for the Central Avenue Safety Improvements Project.
Respectfully submitted,
Erin Smith, Public Works Director
By,
Scott Wikstrom, City Engineer
Brendin Christolear, Supervising Civil Engineer
Financial Impact section reviewed,
Ross McCarthy, Finance Director
Exhibits:
1. CDM Smith Agreement and Amendments 1-5
2. CDM Smith Sixth Amendment