Title
Adopt a Resolution to Approve and Authorize the City Manager to Execute Amendment No. 6 to the Consulting Services Agreement with Nichols Consulting Engineers for Design Services on the Annual Street Overlay and Rehabilitation 2019-2021 Project, Project No. 2020.0050, in the Amount of $154,328 for a New Total Not-to-Exceed Amount of $1,817,667
Staffreport
COUNCIL PRIORITY
• Public Safety
• Infrastructure
SUMMARY
This contract amendment provides for additional scope related to the continued coordination effort with Union Pacific Railroad (UPRR) and the California Public Utilities Commission (CPUC) regarding safety improvements to the existing at-grade railroad crossing near Hesperian Boulevard at Springlake Drive, coordination with the City’s redevelopment efforts at Bay Fair Shopping Center, and City-requested design changes to Hesperian Boulevard. The fee associated with the additional scope is $154,328, bringing the Not-to-Exceed amount of the Agreement to $1,817,667.
RECOMMENDATIONS
Staff recommend the following:
• Approve Amendment No. 6 to an existing Consulting Services Agreement (CSA) with Nichols Consulting Engineers (NCE) that increases the contract amount by $154,328, resulting in a total contract amount of $1,817,667.
BACKGROUND
The Annual Street Overlay/Rehabilitation 2019-2021 Project includes roadway pavement rehabilitation on 15 street segments throughout the City, including arterials, collectors, and residential streets. To expedite construction, the project was split into three phases: Phase I, completed in Summer 2022; Phase II, which was completed in Summer 2025, which included the recent paving on Bancroft Avenue; and Phase III, which is anticipated to start construction in 2026 and will include Hesperian Boulevard between Bay Fair Drive and Springlake Drive.
City Council previously authorized a design contract with Nichols Consulting Engineers (NCE) for the Project. There are five (5) existing amendments to the CSA:
• Amendment No. 1 - Corrected a typographical error that resulted in an incorrect original encumbrance.
• Amendment No. 2 - Addressed costs related to restricting potholing work to low traffic periods.
• Amendment No. 3 - Addressed costs related to complete street work, extending the limits of work on Hesperian Boulevard, and designing the repaving of Aurora Drive.
• Amendment No. 4 - Addressed costs related to the design of street elements on Bancroft Avenue, Grand Avenue, Hesperian Boulevard, and Manor Boulevard.
• Amendment No. 5 - Addressed costs related to the design revisions of striping on Manor Boulevard, striping and hardscaping on Grand Avenue and a video detection signal at Bancroft/Estudillo.
Amendments Nos. 1, 2, 3, 4 and 5 combined represent a 140.5% change in contract value.
During the design phase of the Project, staff performed a Complete Streets evaluation of all streets included in the Annual Street Overlay/Rehabilitation 2019-2021 project to determine how the chosen streets could better serve transit, pedestrians, bicyclists, trucks, and personal vehicles. This work included reviewing recommendations from the Bicycle and Pedestrian Master Plan approved in 2018. The Complete Streets evaluation resulted in the following additional pedestrian and bicycle safety improvements:
• Grand Avenue
o Protected Class IV bike lanes
• Manor Boulevard
o Rectangular Rapid Flashing Beacons (RRFB) installed at Grenda Street and Fleming Street
• Bancroft Avenue
o Pedestrian safety improvements between Callan Avenue and Estudillo Avenue near Bancroft Middle School per a previous School Site Safety Assessment (SSA)
o Curb bulb-outs to reduce pedestrian crossing distance
o Accessible Pedestrian Signals (APS) at Dolores Avenue and Juana Avenue
• Hesperian Boulevard
o Protected Class IV bike lanes.
Analysis
There are two existing at-grade railroad crossings on Hesperian Boulevard within the project limits. The first crossing is between Bay Fair Drive and Olive Street (UPRR Oakland subdivision) and the second is near Springlake Drive (UPRR Niles Subdivision). Staff have been working with both Union Pacific Railroad (UPRR) and the California Public Utilities Commission (CPUC) to secure required permits to perform roadwork within and near the railroad right-of-way. In addition, staff have been collaborating with UPRR and CPUC staff to identify and incorporate additional pedestrian and bicycle safety improvements at the Niles subdivision at-grade railroad crossing near Springlake Drive.
The pedestrian and bicycle safety improvements at the Niles subdivision at-grade railroad crossing are an integral aspect of the project and will be required to secure the required permits from UPRR and CPUC. Because NCE is the current design consultant for the Project, contracting with NCE to design the additional railroad crossing safety improvements would be the most efficient way to deliver the work. Amendment No. 6 to NCE’s Agreement includes costs associated with the continued coordination effort with UPRR and CPUC on the at-grade railroad crossing on Hesperian Boulevard at Springlake Drive, additional coordination with the City’s redevelopment efforts at Bay Fair Shopping Center, and other requested design changes to Hesperian Boulevard.
Consultant Agreement Amendment Summary is listed below:
Amend. No. Description Amount % of
Orig. fee
1. Corrected clerical error that resulted in an incorrect $25,680 3.7%
original encumbrance.
2. Limit potholing work to low traffic periods. $55,377 8.0%
3. Add paving of Aurora Drive to the project, extend
complete street work on Hesperian from Thornally
to Fairmont $239,957 34.7%
4. Add design of complete street features on Bancroft
Hesperian, Grand, and Manor. Add landscape design
on Hesperian. Add railroad permitting of road diet on
Hesperian. $528,584 76.3%
5. Design revisions of striping and hardscaping on
Grand Avenue, the striping for Manor Blvd and a
video detection traffic signal on Bancroft/Estudillo
intersection. $122,230 17.7%
Proposed
6. Continued coordination effort with UPRR regarding
Hesperian Boulevard, repackaging of Hesperian’s
work to be on Phase III due to extended UPRR
permitting timelines and City requested design
changes to Hesperian Boulevard. $154,328 22.3%
Agreement Amendment Total $1,126,156 162.9%
Current Agency Policies
• Maintain and enhance San Leandro’s infrastructure
Previous Actions
• On April 6, 2020, by Resolution No. 2020-031, the City Council authorized the City Manager to execute a consulting services agreement with Nichols Consulting Engineers (NCE) for the Design of the Annual Street Overlay/Rehabilitation 2019-2021, Project No. 2020.0050 and authorized change orders up to 15% of the original contract amount.
• On January 4, 2021, by Resolution No. 2021-005, the City Council approved a reduction of the number of vehicle travel lanes from three to two and installation of Class IV Bicycle lanes on Hesperian Blvd between Fairmont Drive and Spring Lake Drive.
• On June 21, 2021, by Resolution No. 2021-311, the San Leandro City Council approved Amendment No. 3 for $239,957 to an Existing Consulting Services Agreement with Nichols Consulting Engineers for Design Services on the Annual Street Overlay/Rehabilitation 2019-2021 Project, Project No. 2020.0050 and authorized the City Manager to Negotiate and Approve Agreement Amendments up to $51,860; and extended the Term of the Contract to December 31, 2022.
• On January 4, 2022, by Resolution No. 2022-002, the City Council authorized the City Manager to enter into a project funding agreement with ACTC for grant funding for Class IV protected bike lanes on Hesperian Blvd and Fairmont Dr. and to appropriate $1,479,000 in grant funds.
• On February 22, 2022, by Resolution No 2022-034, the San Leandro City Council approved Amendment No. 4 for $528,584 to an Existing Consulting Services Agreement with Nichols Consulting Engineers for Design Services on the Annual Street Overlay/Rehabilitation 2019-2021 Project, Project No. 2020.0050.
• On December 19, 2022, by Resolution No 2022-219, the San Leandro City Council approved Amendment No. 5 for $122,230 to an existing consulting services agreement with Nichols Consulting Engineers for design services on the Annual Street Overlay & Rehabilitation 2019-2021 Project, Project No. 2020.0050.
Applicable General Plan Policies
• Transportation Goal T-2: Design and operate streets to be safe, attractive, and accessible for all transportation users whether they are pedestrians, bicyclists, transit riders or motorists, regardless of age or ability.
• Transportation Goal T-3: Promote and accommodate alternative, environmentally friendly methods of transportation, such as walking and bicycling.
• Transportation Goal T-5: Improve major transportation arteries for circulation in and around the city.
• Transportation Goal T-7: Improve traffic safety and reduce the potential for accidents on San Leandro streets.
Environmental Review
This project is categorically exempt per Section 15301(c) of the CEQA guidelines. A notice was filed with the Alameda County Recorder in December 2021.
Legal Analysis
The consultant has agreed to the terms of the contract.
Financial Impacts
Sufficient funds are included in the Fiscal Year 2025-2026 General Fund budget for consulting services for the Annual Street Overlay & Rehabilitation Project 2019-2021:
Item Amount
Original Contract $691,511
Amendment 1 $25,680
Amendment 2 $55,377
Amendment 3 $239,957
Amendment 4 $528,584
Amendment 5 $122,230
Amendment 6 $154,328
Total Not to Exceed $1,817,667
The estimated project cost is shown below:
Design and Bid $1,817,667
Construction Contract - Phase 1 $5,285,306
Construction Contract - Phase 2 $6,632,328
TOTAL $13,735,301
The project is funded as follows:
Account No. Source Fiscal Year Amount
141-38-413 Measure BB FY 2020-21 $1,200,000
141-38-419 Measure B FY 2020-21 $1,200,000
152-38-413 Gas Tax FY 2020-21 $1,000,000
155-39-403 Measure BB Grant FY 2020-21 $7,000,000
210-36-383 CIP Fund FY 2019-20 $250,000
210-36-385 CIP Fund FY 2019-20 $80,000
210-36-389 CIP Fund FY 2020-21 $200,000
210-38-413 CIP Fund FY 2019-20 $2,260,000
210-38-419 Budget, General Fund FY 2020-21 $2,140,000
TOTAL $15,330,000
This Council action will not impact fund balance because there are funds available in the FY2025-2026 adopted budget in account 122-38-419.
ATTACHMENTS
A. Resolution
B. Amendment No. 6 Scope of Services
C. Original CSA between the City of San Leandro and Nichols Consulting Engineers
D. CSA Amendment No. 1
E. CSA Amendment No. 2
F. CSA Amendment No. 3
G. CSA Amendment No. 4
H. CSA Amendment No. 5
PREPARED BY: Adrian Toscano, Assistant Engineer, Public Works Department