Title
Recommendation to Authorize the City Manager to Execute a Forty-Five Month Agreement with Terraphase Engineering Inc., for an Amount Not-to-Exceed $200,000, Including Contingencies, to Provide Environmental Support Services Related to the Clement Avenue/Tilden Way Project.
These actions are statutorily exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3), the general rule that CEQA only applies to actions that have the potential to cause a significant impact on the environment, 15308 (actions by regulatory agencies for protection of the environment) and 15183 (projects consistent with a community plan, general plan or zoning). (Transportation 20962743)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
The Clement Avenue/Tilden Way (Clement/Tilden) project uses the abandoned railroad right-of-way at Clement Avenue and Tilden Way to extend the Cross Alameda Trail between Broadway and the Miller-Sweeney/Fruitvale Bridge and to improve the truck and bus routes in this area. As part of the Clement/Tilden project, the City of Alameda (City) is committed to investigating and remediating the soil contamination at this former railroad site. The purpose of this agenda item is to authorize the City Manager to execute an agreement with Terraphase Engineering Inc. (Terraphase). The agreement authorizes Terraphase to provide the environmental support services that are required by the California Department of Toxic Substances Control (DTSC) for the Clement/Tilden project’s environmental clean-up work.
BACKGROUND
Over the last 20 years, the City has been planning for and constructing the Cross Alameda Trail on former railroad right-of-way, spanning four miles from the Seaplane Lagoon at Alameda Point to the Miller-Sweeney/Fruitvale Bridge. Upon completion, the cross island, low-stress bicycle and pedestrian facility will provide a safe, comfortable and convenient facility for bicyclists and pedestrians across the city. Three of the four miles have been constructed, and three “gaps” in the Cross Alameda Trail still need to be closed. In late-2023, construction will start on Clement Avenue to build the segment between Willow Street and Broadway, closing the first “gap.” The new residential project on the former Pennzoil site, which includes construction of the Clement Avenue extension and the Cross Alameda Trail between Hibbard Street and Grand Street, will close the second “gap” when the private development is ready to start construction. The third and final section to be constructed is the section from Broadway to the Miller-Sweeney/Fruitvale Bridge, which is included in this Clement/Tilden project. The Clement/Tilden project also includes transportation safety and access improvements in the project area, a dog park and an expansion of park space for the adjacent “Wedge” and Fernside neighborhoods. A separate community planning process to design and program the future dog park and park space is being led by the Recreation and Parks Department (ARPD).
The Clement/Tilden project is made possible by a series of important City Council decisions including:
• In 2009, City Council approved the Transportation Element of the General Plan policy that directs staff to "Pursue opportunities to utilize the corridor of the former Alameda Belt Line railroad for transit, bicycle and pedestrian transportation." The 2009 General Plan also listed Clement (East) between Broadway and Tilden Way as a future new street, and listed both Clement Avenue and Tilden Way as truck routes and regional arterials;
• In 2017, City Council appropriated $2 million in Alameda County Transportation Commission (Alameda CTC) Measure BB grant funds and $707,000 of local match for fiscal years 2017 to 2019 as shown in the Capital Improvement Program (CIP) for the Clement/Tilden project;
• In 2018, City Council authorized the pre-construction grant funding agreement with the Alameda CTC totaling $2 million in Measure BB funds and $445,000 in local match, and also approved taking action to acquire the Union Pacific property via eminent domain for the Clement /Tilden extension;
• In 2019, City Council appropriated an additional $2 million in Measure BB grant funds and $470,000 of local match for fiscal years 2019 to 2021 as shown in the CIP for the Clement/Tilden project;
• In 2021, after several years of real estate negotiations, City Council finalized the purchase of the Clement/Tilden property from Union Pacific via eminent domain for approximately $1.54 million. City Council also approved the Second Amendment of the Agreement for Kittelson & Associates, Inc. that included planning and community engagement for the Clement/Tilden project in 2022;
• In March 2023, City Council endorsed the roundabout design concept for the Clement/Tilden project (Exhibit 1), and also approved the Third Amendment of the Agreement for Kittelson & Associates, Inc. to prepare the design drawings for construction; and
• In September 2023, City Council authorized the DTSC agreement to allow for DTSC to obtain reimbursement for their oversight costs incurred on the Clement/Tilden project’s environmental clean-up work that the City is leading.
Construction is expected to begin in spring 2024 and be completed in mid-2025. Information regarding the Clement/Tilden project is available on the project webpage: www.alamedaca.gov/ClementTilden <http://www.alamedaca.gov/ClementTilden>. The purpose of this agenda item is to authorize the City Manager to execute an agreement with Terraphase to provide the environmental support services that are required by DTSC for the Clement/Tilden project’s environmental clean-up work.
DISCUSSION
DTSC is a state agency regulating public exposure to environmental hazards and related clean-up efforts and remediation. As described in Exhibit 2, Terraphase will provide environmental support services related to the Clement /Tilden project per the DTSC process. Since the proposed end use is for transportation and recreation, it is anticipated that the remedial alternative selected would need to be protective of recreational users and construction/maintenance workers.
The DTSC process required to address hazardous substances at the site involves an investigation, a risk assessment, a remedy plan, an implementation plan, and a community engagement process. DTSC will be the lead agency for purposes of CEQA as it relates to project environmental hazards, and will prepare the related CEQA documents. Before field activities begin, the City will need to submit a health and safety plan, which Terraphase will prepare. The City analysis must be in accordance with a quality assurance/quality control plan that is approved by DTSC. If deemed necessary, DTSC may require the City to enter into an operation and maintenance agreement with DTSC after project construction. All City/Terraphase work performed pursuant to this agreement is subject to DTSC’s review and approval.
On September 5, 2023, City Council approved a DTSC agreement that allows for DTSC to obtain reimbursement for their oversight costs incurred on the Clement/Tilden project’s environmental clean-up work that the City is leading. The purpose of this agenda item is to request City Council to authorize the City Manager to execute an agreement with Terraphase to provide the environmental support services that are required by DTSC for the Clement/Tilden project’s environmental clean-up work. Terraphase was selected on a sole source basis, as allowed by the City’s Purchasing Policy, because Terraphase has rendered satisfactory services on the preliminary environmental support phase of the Clement/Tilden project.
ALTERNATIVES
The City Council may consider a range of alternatives:
• Authorize the recommended agreement.
• Direct staff to make specific changes to the agreement.
• Do not authorize the agreement and direct staff to conduct a Request for Proposal (RFP) process for this scope of work. The Clement/Tilden project only can move forward with environmental clean-up and this additional process will create a schedule delay that could jeopardize grant funding, which expires in 2025.
FINANCIAL IMPACT
The Clement/Tilden project (C65300) has a budget of $11.7 million (Table 1). Costs include right-of-way acquisition, which is completed, planning and design, hazardous materials remediation and construction. The City has received an $8.4 million Measure BB grant, and has $3.3 million in local monies for this project. The City will pay DTSC a total of $134,423, which includes an advance payment of $67,212. The Terraphase agreement totals $200,000, including contingencies. The DTSC and Terraphase expenses will be covered as part of the Clement/Tilden project budget under the “Environmental Clean-up” category shown in the table. No additional budget is needed for the proposed Terraphase agreement.
Table 1: Clement/Tilden Project Budget
|
|
Total |
Grant |
Local |
|
Right-of-Way |
$1,615,391 |
$1,068,743 |
$546,648 |
|
Planning/Scoping |
$275,609 |
$244,000 |
$31,609 |
|
Prelim. Engineering/Environmental |
$400,000 |
$244,000 |
$156,000 |
|
Final Design |
$600,000 |
$434,000 |
$166,000 |
|
Environmental Clean-Up |
$1,000,000 |
$885,312 |
$114,688 |
|
Construction Bid |
$6,807,000 |
$5,518,945 |
$1,288,055 |
|
Construction Support |
$1,000,000 |
$0 |
$1,000,000 |
|
Total |
$11,698,000 |
$8,395,000 |
$3,303,000 |
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code and with the City's Mobility Element of the Alameda 2040 General Plan (2021) main goals of equity, safety, choices and sustainability. The Parks + Open Space Element specifically mentions the Cross Alameda Trail to promote its completion. The Active Transportation Plan (2022) includes the Clement/Tilden project as part of the City’s Low-stress Backbone Network to allow people of all ages and abilities to bicycle. The Clement/Tilden project is consistent with the Vision Zero Action Plan (2021), which 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. The Transportation Choices Plan (2018) lists the Clement/Tilden project as a Vision Zero Safety Improvements and Traffic Calming priority.
ENVIRONMENTAL REVIEW
These actions are statutorily exempt from environmental review under CEQA pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to actions that have the potential to cause a significant impact on the environment. As a separate and independent basis, these actions are also exempt from CEQA pursuant to CEQA Guidelines Sections 15308 (actions by regulatory agencies for protection of the environment) and 15183 (projects consistent with a community plan, general plan or zoning). None of the exceptions in CEQA Guidelines Section 15300.2 apply.
CLIMATE IMPACT
Since vehicle miles traveled in Alameda is the largest source of greenhouse gas emissions in Alameda, City staff is expecting that the Cross Alameda Trail extension between Clement Avenue and the Miller-Sweeney/Fruitvale Bridge and a roundabout at Blanding/Tilden/Fernside would have a positive climate impact. The concept was developed to make it safer and more convenient to bicycle, walk and ride the bus and to reduce congestion and idling motor vehicles.
RECOMMENDATION
Authorize the City Manager to execute a forty-five month Agreement with Terraphase, for an amount not-to-exceed $200,000, including contingencies, to provide environmental support services related to the Clement /Tilden project.
Respectfully submitted,
Allen Tai, Acting Director of Planning, Building and Transportation
By,
Gail Payne, Project Manager
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. Design Concept
2. Agreement
cc: Erin Smith, Public Works Director