DATE: October 25, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Approving Plans and Specifications, Purchasing Continuous Deflective Separator Units, and Calling for Bids for a Trash Capture Device Installation on Tennyson Road, Project No. 07746
RECOMMENDATION
That Council adopts the attached resolution (Attachment II) approving:
The plans and specifications for Project 07746: two Continuous Deflective Separator (CDS) trash capture device installations in the existing storm drain pipes on Tennyson Road and calling for bids to be received on November 22, 2022; and The sole-source purchase of two CDS units from Contech for an amount not-to-exceed $345,000.
SUMMARY
The proposed project would install two continuous CDS units in the existing storm drain pipes in the I-880 Right-of-Way (ROW) near Tennyson Road to capture trash from the storm water system as part of the City’s trash reduction mandate from the San Francisco Regional Water Quality Control Board (Water Board). The CDS units create a continuous swirl of stormwater to concentrate and separate trash and debris. According to a cooperative implementation agreement between the City and the California Department of Transportation (Caltrans) to install trash capture projects in order to achieve mutual trash reduction credit, the project will be funded by Caltrans.
The project was not reviewed by the Council Infrastructure Committee due to the tight schedule under the Caltrans funding deadline.
BACKGROUND
The National Pollution Discharge Elimination System (NPDES) program was established in 1972 by the Federal Clean Water Act (CWA). The NPDES program was amended in 1986 to regulate stormwater runoff and established a permitting structure for municipal discharge to the waters of the state. From 1990 to 2009, each municipality in the Bay Area was regulated under countywide stormwater permits with individual requirements specific to each county. On October 14, 2009, the first regional stormwater permit, the Municipal Regional Permit (MRP), was adopted by the San Francisco Bay Regional Water Quality Control Board. The MRP regulated municipalities within the counties of Alameda, Contra Costa, Santa Clara, San Mateo as well as the cities of Fairfield, Suisun, and Vallejo and the Vallejo Sanitation and Flood Control District. Municipalities and local agencies included in the MRP are referred to as ‘Permittees.’ The MRP is renewed about every five years and on July 1, 2022, the Water Board adopted the third MRP (MRP 3.0). The MRP 3.0 covers storm water discharges from municipalities and local agencies (also called permittees) in Alameda, Contra Costa, San Mateo, and Santa Clara counties, and the cities of Fairfield, Suisun, and Vallejo.
Provision C.10 of the MRP 3.0 includes the trash reduction requirements for Permittees to reduce all trash from stormwater systems to waters of the state by 100% by the year 2025. As of September 1, 2022, the City has achieved 85.8% credit for trash reduction. Included in the reduction are credits the City receives for trash capture devices in storm drain infrastructure, for product bans such as the City’s plastic bag and polystyrene bans, and for on-land pick up of trash in creeks and shorelines. Currently, the City owns 629 small trash capture devices installed in storm drain catch basins and two large underground trash capture devices installed in storm drainpipes located at Patrick Avenue and Tennyson Road. A third large underground device will be installed in October 2022 on Cotter Way and further trash capture is being assessed in areas found to be generating trash.
Under the new MRP 3.0, trash reduction credits from product bans and on-land trash pick-up efforts in creeks and shorelines will expire on July 1, 2025. In the effort to recover lost credit from this new order, staff have plans to install more trash capture devices throughout the City. One such effort involves partnering with Caltrans to find shared drainage areas that include both City ROW and Caltrans ROW.
Like the City, Caltrans also has a mandate to eliminate trash from stormwater from its ROW. Also like the City, Caltrans has a trash reduction plan, which includes installing trash capture devices to remove trash from stormwater flowing on or from their ROW. Throughout Caltrans ROW there are very few opportunities to install large trash capture devices due to space needed for installation and the direction of stormwater flow along freeways. Caltrans and several cities have looked to collaborative projects to install trash capture devices downstream of Caltrans ROW, within city jurisdictions to capture trash in areas required to be treated for trash.
In 2020, Caltrans and City staff identified two potential trash capture projects, one located on Arf Avenue and one on Tennyson Road, both of which would help achieve stormwater compliance for both agencies. On April 20, 2021, Council authorized a cooperative implementation agreement whereby Caltrans agreed to fund the installation of the two projects. Council also authorized a contract between the City and a consulting engineering firm to design the projects.
Both locations (Arf Avenue and Tennyson Road) have large existing stormwater pipes that are owned by the Alameda County Flood Control and Water Conservation District (District). The Arf Avenue project location is still under review, but the design for the Tennyson Road location has been approved by the District. Staff intends to continue to work with the District to find an acceptable design for the Arf Avenue project, but recommends proceeding only with the Tennyson Road location for this bid package. Please refer to Figure 1 below for the drainage and locations of the proposed CDS units for both Arf Avenue and Tennyson Road.
DISCUSSION
Figure 1: Arf Avenue and Tennyson Road CDS Location Map The Tennyson Road project will install two large trash capture devices in existing stormwater pipes to treat storm water to meet MRP 3.0 trash reduction requirements and mutually benefit the City and Caltrans. The two CDS devices at this location will capture trash from approximately 436 acres of storm water runoff area and provide approximately 5% trash reduction credit to the City. Caltrans is providing the funds to complete this project and budgeted a total of $1,400,000 to complete the project.
Sole Source Purchase – The City currently has two CDS units manufactured by Contech Stormwater Solutions (Contech) – one at the intersection of Tyrrell Avenue and West Tennyson Road (installed in 2012) and one on Patrick Avenue (installed in 2017). Contech is the only company that manufactures this type of device using the CDS technology. Staff’s experience with the above projects has been successful both for trash capture and for maintenance ease. Staff believes that the Contech CDS unit is the most appropriate device to capture the trash from storm water runoff at Tennyson Road. In addition, other municipalities in the Bay Area, including the Cities of Richmond, San Jose, and Oakland have installed Contech CDS devices and maintenance and ease of use have been similar to the City of Hayward’s experience. On April 19, 2022, Council approved the sole source purchase of a Contech CDS unit for the Cotter Way project mentioned above. If approved, staff will purchase the Contech CDS units directly from Contech.
The timeframe to complete this project is very short and the need to release the call for competitive bids to contractors to install the unit is an immediate need. Due to Caltrans’ requirements, the construction of this project must be complete before the end of May 2023. Installation at the Tennyson Road location will entail excavation in the median adjacent to Tennyson Road (Caltrans ROW), installing the diversion box and two CDS units in-line with the two stormwater pipes and backfilling the area to pre-construction conditions. Prior to backfilling, the two CDS units will be leak-tested to assure water tightness at all the joints. Please refer to Figure 2 for location of the Tennyson CDS project below.
Figure 2: Tennyson Road CDS Location Map
The City will be responsible for the long-term maintenance of the two CDS units on Tennyson Road and will include annual cleaning to remove the trash using the City’s personnel and equipment. The maintenance will be scheduled typically in the spring or summer months prior to the rainy season for cleaning as is currently done with the Patrick Avenue and Tyrrell Avenue CDS units.
Environmental Review
The proposed project is categorically exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 (Minor Alteration of Existing Facilities) and Section 15302, Class 2 (Replacement or Reconstruction of Existing Facilities) of the CEQA Guidelines.
ECONOMIC AND FISCAL IMPACT
The proposed project will not impact the City’s General Fund. Staff time associated with managing the project will be reimbursed by Caltrans. Costs associated with maintenance of the devices will be paid for from the Stormwater Fund. The cooperative agreement between the City and Caltrans will provide $1,400,000 for this project. The estimated project costs are as follows:
Design and Construction Administration - City Staff $14,000 Testing and Inspection Services (Estimated) $15,000 Construction Contract (Estimated) $964,000 Trash Capture Devices (Contech) $311,000 Administrative Change Order (Estimated) $96,000
Total: $1,400,000
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority to Invest in Infrastructure as included in the Strategic Roadmap adopted by Council on May 3, 2022. Specifically, this item is related to implementation of the following project:
Project N22 Meet regulatory requirements for zero trash in stormwater by installing trash capture devices.
SUSTAINABILITY FEATURES
The CDS units, along with the existing trash capture devices in the City’s storm drain system, will help to limit the pollutants that enter local creeks and the San Francisco Bay.
PUBLIC CONTACT
Prior to and during construction, notices will be provided to affected residents, property, and business owners to inform them of the nature and purpose of the work, potential impacts, work schedule and City contact for additional information. In addition, staff will work closely with residents and businesses close to the project site, to minimize potential impacts.
NEXT STEPS
If Council approves this project, staff will purchase the CDS units from Contech and advertise the construction project for public bidding. Staff will return to Council for award of the construction contract after bids have been received and reviewed. The following schedule has been developed for this project:
Receive Bids December 1, 2022
Award Construction Contract December 2022 Complete Construction April 2023 Prepared by: Elisa Wilfong, Water Pollution Control Administrator Saeed Saebi, Associate Civil Engineer
Erik Pearson, Environmental Services Manager
Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
Kelly McAdoo, City Manager
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