DATE: October 15, 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 Construction Contract with GSW Construction, Inc., increasing the Amount by $210,000 for a Not-to-Exceed Total Amount of $647,800
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 GSW Construction, Inc. (GSW Construction) increasing the amount by $210,000 for a not-to-exceed total amount of $647,800 for installation of the Trash Capture Device on Arf Avenue (“Project”), Project No. 07746.
SUMMARY
The Project consists of the installation of a Continuous Deflective Separator (CDS) trash capture device in the existing 60-inch storm drainpipe on the south side of Arf Avenue near Hesperian Boulevard which will capture trash from the storm water system. The installation of the CDS is an element of the City’s trash reduction mandate from the San Francisco Regional Water Quality Control Board (Water Board). The project is funded by the California Department of Transportation (Caltrans) through a cooperative implementation agreement between the City and Caltrans to install trash capture projects to achieve mutual trash reduction credit.
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 2024, the City has achieved 97.7% credit for trash reduction. Likewise, Caltrans also has a mandate to eliminate trash from stormwater from its right-of-way (ROW). Throughout Caltrans ROW there are very few opportunities to install large trash capture devices due to space limitations for installation and direction of stormwater flows along freeways. Caltrans and several cities have initiated collaborative projects to install trash capture devices downstream of Caltrans ROW within city jurisdictions.
On April 20, 2021, Council authorized a cooperative implementation agreement whereby Caltrans agreed to fund the installation of two projects within Hayward; one on Tennyson Road and one on Arf Avenue. The CDS on Tennyson Road was completed earlier this year. On March 26, 2024, Council adopted Resolution No. 24-055 approving the plans and specifications and a call for bids for the Project. In April 2024, staff received two (2) bids. The Engineer’s Estimate was $ 710,000 and the lowest responsible bidder was from GSW Construction, Inc., with a bid amount of $398,000 bid, which was below the engineer’s estimate. The only other bid was submitted by W.R. Forde Associate, Inc., in the total amount of $828,000, which was above the Engineer’s Estimate.
On May 21, 2024 Council awarded GSW Construction with the construction contract, which included a 10% contingency and a total not-to-exceed amount of $437,800.
DISCUSSION
The Project includes the installation of a CDS unit in the existing 60-inch stormwater pipe on the south side of Arf Avenue to capture trash entering the stormwater system for the treatment of stormwater to meet MRP 3.0 trash reduction requirements. The unit will capture trash from approximately 436 acres of stormwater runoff area and provide approximately 3% trash reduction credit to the City. Caltrans, through the cooperative implementation agreement with the City, is providing funds for this project.
Due to significant design changes in the construction plans after the contract was awarded which included the addition of an inflatable weir, stop logs and electrical components, the original 10% contingency became insufficient. Based on comments from the Alameda County Flood Control District, who owns and maintains the 60-inch storm pipe, the inflatable weir was added to replace a collapsible weir that operated mechanically without requiring power. The stop logs were included as a fail-safe mechanism in case the inflatable weir fails to operate. Stop logs are adjustable barriers that control water flow, allowing for water diversion or isolation of the system for maintenance. These modifications were necessary to meet operational, maintenance, and regulatory standards, leading to an expanded scope of work. As a result, additional funding is required to cover these unforeseen costs and ensure the project's 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.
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 Trash Capture Device Installation on Tennyson Road was completed earlier this year and cost $1,177,567, leaving $1,822,433 available for the Arf Avenue project. The project budget is outlined below.
Fund Sources:
Sewer Improvement Fund (Fund 612) $3,000,000
Caltrans Reimbursement $3,000,000
Estimated Expenditures:
Tennyson Road Total Cost: ($1,177,567)
Engineering & Design $ 40,000
Testing & Inspection $ 50,000
Trash Capture Device (Contech) $205,300
Construction Contract $608,000
Construction Contract – Contingency $ 39,800
Total Estimated Project Expenditure $943,100
Projected Remaining Budgeted Funds $879,333
STRATEGIC ROADMAP
This item supports the Strategic Priority of Invest in Infrastructure. This item is not specifically related to a project identified in the Strategic Roadmap.
SUSTAINABILITY FEATURES
The CDS unit, 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 in April 2024. 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 has 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 $210,000 for a not-to-exceed total amount of $647,800 for GSW’s services. Construction is scheduled to begin in October 2024.
Prepared by: Elisa Wilfong, Water Pollution Source Control Administrator Saeed Saebi, Senior Civil Engineer
Recommended by: Alex Ameri, Director of Public Works Approved by:
____________________________________________
Dustin Claussen, Interim City Manager
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