Title
Recommendation to Authorize the City Manager to Execute a Fourth Amendment to the Agreement with CDM Smith to Increase Compensation by $300,000 for a Total Aggregate Compensation Not-to-Exceed $1,660,633, to Continue Engineering Support for the Clement Avenue Safety Improvement Project.
In accordance with the California Environmental Quality Act (CEQA), this Project is Categorically Exempt Under CEQA Guidelines Section 15301(c) Existing Facilities (Minor Alterations to Existing Facilities Including Bicycle Facilities) and Section 15304(h) (Minor Alterations to Land and the Creation of Bicycle Lanes on Existing Public Rights of Way). (Transportation 20962740)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
Staff is requesting that the City Council authorize the City Manager to execute a Fourth Amendment of the CDM Smith contract to allow for continued Caltrans coordination, design work and construction engineering on the Clement Avenue Safety Improvement Project.
BACKGROUND
The City of Alameda (City) has been working for several years on a redesign of Clement Avenue and the Cross Alameda Trail between Alameda Point and the Miller-Sweeney Bridge. Most of the trail is complete, parts are under construction, and parts are still in the planning phase. The Cross Alameda Trail and the Clement Avenue Safety Improvement Project support City Council adopted policies regarding Vision Zero, greenhouse gas reduction and transportation mode shift. The City Council has taken a series of actions over the years to improve the corridor, including the following:
• In October 2016, City Council approved a successful federal grant application for over $5 million for the proposed safety improvements on Clement Avenue.
• In June 2017, City Council approved $641,000 from local and federal funding sources for Fiscal Years (FY) 2017-2019 for Clement Avenue project approvals, environmental review and preliminary design.
• In December 2018, City Council approved the CDM Smith consultant contract for planning, environmental review and preliminary design after City staff conducted a competitive selection process that involved issuing a request for qualifications in late 2017 and a request for proposals to prequalified teams in late 2018.
• In June 2019, City Council approved a FY 2019-21 budget allocation for $1 million in Clement Avenue expenditures from local and federal funding sources for the construction drawings and construction bid support.
• In September 2019, City Council approved a preliminary design concept for the Clement Avenue project.
• In July 2020, City Council approved the final design concept for the Clement Avenue project and authorized the City Manager to execute a Second Amendment to the agreement for the Clement Avenue plans, specifications and estimate.
• In June 2021, City Council approved a FY 2021-23 budget allocation for $5.2 million in Clement Avenue expenditures from local and federal funding sources for the construction drawings and construction bid support.
• In July 2022, City Council approved a Third Amendment of the CDM Smith agreement to address complex environmental conditions for the cultural resource area and for the removal of the railroad tracks as well as ongoing coordination with Caltrans and adjacent new development projects and customized stormwater bio-retention areas, especially with sea level rise in our future.
Project construction for the Clement Avenue Project is anticipated to begin in late-2023.
DISCUSSION
Staff is requesting City Council authorization for a Fourth Amendment of the CDM Smith contract to allow for continued Caltrans coordination, design work and construction engineering. The Fourth Amendment would increase compensation by $300,000 for a total aggregate compensation not-to-exceed $1,660,633. Additional work items include responding to Caltrans requirements for National Environmental Policy Act (NEPA) revalidation, utility and right-of-way certification, incorporation of federal contracting requirements and support of the request for authorization of the construction phase. Two additional design package submittals and review cycles are included to incorporate additional project modification requests and verify that the revisions meet project needs. Supplemental technical and management staff resources are needed to complete the extra work and meet the construction grant deadlines. Due to the additional design and Caltrans documentation requirements, the construction start date has been delayed causing additional project management costs.
The original consultant selection of CDM Smith followed the Caltrans Local Assistance Procedures Manual for federally funded transportation projects. In December 2018, City Council approved the agreement with CDM Smith (Exhibit 1). The First Amendment of the Agreement is a time extension (Exhibit 2). The Second Amendment is consistent with the approval of the original contract, which stated that City staff would return at a later date to request City Council authorization to proceed with the Plans, Specifications and Estimates (PS&E) (Exhibit 3). The Third Amendment allowed for continued coordination and design support for the cultural resource area and the stormwater bioretention areas (Exhibit 4). The Fourth Amendment (Exhibit 5) is the subject of this request and allows for continued Caltrans coordination, the completion of the design and engineering support during construction.
ALTERNATIVES
City Council may consider a range of alternatives:
• Authorize the recommended contract amendment.
• Authorize the recommended contract amendment with revisions determined necessary by the City Council.
• Do not authorize the contract amendment, and direct staff to proceed with another approach.
FINANCIAL IMPACT
The proposed CDM Smith Fourth Amendment allows for continued Caltrans coordination, design work and construction engineering on the Clement Avenue Safety Improvement Project, and would increase compensation by $300,000 for a total aggregate compensation not-to-exceed $1,660,633. The project is budgeted as CIP Project C65200 - Clement Avenue Safety Improvement Project, and is funded by a federal grant, Measure B/BB and Developer Impact Fees. The costs are higher than other corridor projects because the City has obtained federal monies and the project is partially on a culturally sensitive area, necessitating more detailed Caltrans staff reviews than expected. City Council previously approved the original contract, the Second Amendment and the Third Agreement; the First Amendment was a time extension; the Fourth Amendment is the purpose of this request (Table 1).
Table 1: Clement Avenue Project - Costs by Contract Phase
|
Contract |
Approval Date |
Authorized Amount |
Expended (as of August 2023) |
|
Original Contract |
December 18, 2018 |
$600,301 |
$600,301 |
|
1st Amendment |
June 10, 2020 |
Time extension |
Not applicable |
|
2nd Amendment |
July 7, 2020 |
$530,332 |
$530,332 |
|
3rd Amendment |
July 5, 2022 |
$230,000 |
$230,000 |
|
4th Amendment |
September 5, 2023 |
$300,000 |
$165,000 |
|
Total |
|
$1,660,633 |
$1,525,633 |
Table 2 shows the Clement Avenue project cost allocations by project phase. In total, the project is expected to cost approximately $6.7 million with 75 percent coming from a federal grant and 25 percent coming from local monies. Due to inflation and construction cost increases, additional local monies may be required for the construction phase. No additional project budget is needed at this time for the proposed Fourth Amendment to the Agreement with CDM Smith.
Table 2: Clement Avenue - Cost Allocations by Project Phase
|
|
PA&ED |
PS&E |
Construction |
Total |
% |
|
Grants |
$567,000 |
$0 |
$4,451,000 |
$5,018,000 |
75 |
|
Local Match |
$74,000 |
$960,000 |
$675,000 |
$1,709,000 |
25 |
|
Total Cost |
$641,000 |
$960,000 |
$5,126,000 |
$6,727,000 |
100 |
|
Schedule |
2018-20 |
2020-23 |
2023-24 |
|
|
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The Clement Avenue project is consistent with the following City documents:
• The Mobility Element of the General Plan highlights the following four goals of equity, safety, choices and sustainability, which are addressed in the Clement Avenue project.
• The Pedestrian Plan identifies the Clement Avenue improvements as a priority.
• The Bicycle Plan identifies the Clement Avenue bikeway project as a high-priority project.
• The Transportation Choices Plan lists the Clement Avenue project as a Vision Zero Safety Improvements and Traffic Calming priority.
• The Vision Zero Plan focuses on eliminating fatal and severe injury collisions, and is the citywide guiding principle for transportation planning, the design of streets and sidewalks, and the maintenance of the public rights-of-way making safety as the highest priority when balancing competing needs and demands for space within the public right-of-way.
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act (CEQA), this project is categorically exempt under CEQA Guidelines Section 15301(c) Existing Facilities (Minor alterations to existing facilities including bicycle facilities) and Section 15304(h) Minor Alterations to Land and the creation of bicycle lanes on existing public rights of way. None of the exceptions in CEQA Guidelines Section 15300.2 apply. For NEPA determination, Caltrans has specified that this project is a categorical exclusion under 23 Code of Federal Regulations (CFR) 771.117(c): activity (c)(3).
CLIMATE IMPACT
Since vehicle miles traveled in Alameda is the largest source of greenhouse gas emissions in Alameda, City staff is expecting that the Clement Avenue Safety Improvement Project would have a positive climate impact. The concept is being developed to make it safer and more convenient to bicycle, ride the bus and walk and to reduce congestion and idling motor vehicles.
RECOMMENDATION
Authorize the City Manager to execute a Fourth Amendment to the Agreement with CDM Smith to increase compensation by $300,000 for a total aggregate compensation not-to-exceed $1,660,633, to continue engineering support for the Clement Avenue Safety Improvement Project.
Respectfully submitted,
Allen Tai, Acting Planning, Building and Transportation Director
By,
Gail Payne, Project Manager
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. Agreement
2. First Amendment
3. Second Amendment
4. Third Amendment
5. Fourth Amendment
cc: Erin Smith, Public Works Director