DATE: August 20, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with JMB Construction increasing the Amount by $20,000 for a Not-to-Exceed Total Amount of $830,000 for the Trash Capture Device Installation on Tennyson Road Project No. 07746
RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) authorizing the City Manager to execute Amendment No. 1 to the professional services agreement (PSA) with JMB Construction increasing the amount for services by $20,000 for a not-to-exceed total amount of $830,000. The PSA with JMB is for the Trash Capture Device Installation on Tennyson Road (“Project”).
SUMMARY
The Project installs two Continuous Deflective Separator (CDS) trash capture devices in the existing storm drainpipes 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). According to a cooperative implementation agreement between the City and Caltrans to install trash capture projects to achieve mutual trash reduction credit, the project is funded by the California Department of Transportation (Caltrans).
BACKGROUND
The Water Board adopted the current Municipal Regional Stormwater Permit (MRP 3.0) in July 2022. The MRP 3.0 covers storm water discharges from municipalities and local agencies in various Bay Area counties, including Alameda. The permit requires permittees to reduce trash from entering State waters by 100% by 2025 from each jurisdiction’s Municipal Separate Storm Water Systems. As of September 2022, the City has achieved 85.8% credit for trash reduction. Likewise, Caltrans also has a mandate to eliminate trash from stormwater from its ROW. Throughout Caltrans ROW there are very few opportunities to install large trash capture devices due to space limitations for installations and direction of stormwater flows along freeways. Caltrans and several cities have looked into 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.
On April 20, 2021, Council authorized a cooperative implementation agreement whereby Caltrans agreed to fund the installation of two projects within Hayward: one on Arf Avenue and one on Tennyson Road. On October 25, 2022, Council adopted Resolution No. 22-259 approving the plans and specifications and a call for bids for the Project. In November 2022, staff received and evaluated six (6) bids. On January 17, 2023, Council awarded JMB Construction with the construction contract. In March of 2024 the Project was complete.
DISCUSSION
The Project included installation of two CDS units on two existing 57” stormwater pipes at the Southeast corner of Tennyson Road Overpass and I-880 treating storm water to meet MRP 3.0 trash reduction requirements and mutually benefit the City and Caltrans. The two units capture trash from approximately 436 acres of storm water runoff area and provide approximately 5% trash reduction credit to the City. Caltrans is providing funds to complete this project.
Staff received and reviewed six (6) bid proposals. The engineer’s estimate was $ 964,000. The lowest bidder was JMB Construction with a $ 737,888 bid, which is 23% below the Engineer’s Estimate. The second lowest bidder was GSW Construction, Inc., with $ 918,000, which is 5% below the Engineer’s Estimate.
The Project was successfully completed with both CDS units online, treating 436 acres. The City has a final project under the cooperative agreement with Caltrans to complete another CDS unit installation on Arf Avenue, which has been successful bid and awarded for contract to treat the final areas in Hayward requiring trash reduction and meeting the 100% trash reduction mandate from the MRP 3.0.
Due to some changes in the construction plans after the award of the contract, including the upgrade of a gravel pad to an asphalt concrete pad as recommended by the City's operation and maintenance staff and the addition of monitoring devices per the comments from Caltrans, the originally allocated 10% contingency was insufficient. These modifications were necessary to meet operational standards and regulatory requirements, resulting in an increased scope of work. Consequently, the project required additional funding to cover these unexpected expenses and ensure successful completion.
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 IMPACT
This item has no direct economic impact to the City but does support the City’s adherence to the Water Board’s environmental goals and the MRP 3.0’s requirements.
FISCAL IMPACT
Per the Adopted FY23 CIP Budget, the Project has a total appropriated budget of $3,000,000 in the Sewer Improvement Fund (Fund 612) to complete both Arf Avenue and Tennyson Road installations. This amount will be fully reimbursed by Caltrans and will have no impact to Fund 612. The project budget is outlined below. This item has no impact on the General Fund. The revised numbers from the additional funds needed to close out the Tennyson Project with JMB is updated below:
Fund Sources:
Sewer Improvement Fund (Fund 612) $3,000,000
Caltrans Reimbursement $3,000,000
Estimated Expenditures:
Engineering & Design $40,000
Testing & Inspection $50,000
Trash Capture Devices (Contech) $315,000
Construction Contract $737,888
Construction Contract – Contingency $92,112
Administration $12,853
Subtotal for Tennyson Road $1,247,853
Remaining for Arf Avenue $1,752,147
STRATEGIC ROADMAP
This item supports Council’s strategic priority of Invest in Infrastructure. Specifically, this item relates to the implementation of the following project(s):
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 limit the pollutants that enter local creeks and the San Francisco Bay.
PUBLIC CONTACT
The call for bids was publicized on the City’s website from October to November, 2022. Prior to and during construction, notices were 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 contacts for additional information. Staff worked closely with residents and businesses close to the project site to minimize potential impacts.
NEXT STEPS
If Council approves this request, the City Manager will execute Amendment No. 1 to increase the Professional Services Agreement amount by $20,000 for a Not-to-Exceed Total Amount of $830,000 for JMB’s services.
Prepared by: Elisa Wilfong, Water Pollution Source Control Administrator Recommended by: Alex Ameri, Director of Public Works Approved by:
_________________________________________
Dustin Claussen, Interim City Manager
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