DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Professional Services Agreement with Schaaf & Wheeler, and Increase the Contract Amount by $60,000, for a Total Not-to-Exceed Amount of $38,000 for Engineering Design Services for the Arf Avenue Trash Capture Project
RECOMMENDATION
That Council adopts the attached resolution (Attachment II) authorizing the City Manager to execute an amendment to the Professional Services Agreement with Schaaf & Wheeler to increase the contract amount by $60,000 for a total not-to-exceed amount of $380,000 for engineering services related to the installation of a trash capture device on Arf Avenue.
SUMMARY
To comply with the trash reduction requirements of the Municipal Regional Stormwater Permit (MRP), the City is collaborating with Caltrans to fund, design, and construct a large trash capture device within the City’s storm drain system to capture trash before the waters flow to the San Francisco Bay. The device will be located at Arf Avenue near Hesperian Boulevard and will be funded by Caltrans. The project mutually benefits the City and Caltrans as the area treated by the large trash capture device includes City and Caltrans right of way (ROW). The Arf Avenue project will be the second of two trash capture projects funded by Caltrans. The first was installed on Tennyson Road during the summer of 2023. The Arf Avenue project requires additional time and funds to develop a design that meets the approval requirements by the Alameda County Flood Control and Water Conservation District. The engineering design services as well as the installation of the large trash capture device will be fully funded by Caltrans.
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 is currently on its third cycle (MRP 3.0).
Provision C.10 of the MRP includes the trash reduction requirements for Permittees to reduce all trash from stormwater systems to waters of the state by 90% by July 2023, and by 100% by July 2025.
On April 20, 2021, Council authorized a cooperative agreement with Caltrans to design and implement mutually beneficial trash reduction opportunities. The cooperative agreement for 3 million dollars allowed Caltrans to fund the design and installation of full trash capture devices. The first device, located within the Tennyson Road/880 freeway interchange, was installed in July 2023. On April 20, 2021, Council also authorized a contract with Schaaf & Wheeler for consultant services to design and assist with the trash capture device installations for a cost not-to-exceed $200,000. On September 12, 2023, Council authorized an amendment to the Schaaf & Wheeler contract for additional consultant services for cost not to exceed $120,000. In addition, on May 21, 2024, Council authorized a contract with GSW Construction, Inc. for contractor services to complete the Arf Avenue Trash Capture Project with a total not-to-exceed cost of $480,000. Council approved amending this contract for a cost not to exceed $647,800 on October 15, 2024.
In addition to the Tennyson Road project, the City currently has 629 small trash capture devices installed in storm drain catch basins and five large underground trash capture devices installed in storm drainpipes located at Tyrrell and Tennyson, Patrick Avenue and Cotter Way.
Altogether, the City currently has 90% credit for trash reduction, which meets the MRP deadline of July 2023.
Areas currently treated areas for trash using trash capture devices are highlighted in blue in Figure 1 below.
Figure 1. Areas of Trash Generation and Current Treatment Treated areasTreated areasLow trashLow trashLegendLegendMedium trashMedium trashHigh trashHigh trash Treated areas
Treated areas
Low trash
Low trash
Legend
Legend
Medium trash
Medium trash
High trash
High trash
The yellow and pink highlighted areas are the remaining areas to treat for trash (yellow is medium generating trash areas and pink are high generating trash areas).
Like the City, Caltrans also has a mandate to eliminate trash from stormwater from ROW. Similar to the City, Caltrans has a trash reduction plan, which includes installing trash capture devices to remove trash from stormwater flowing on 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. The current collaboration between Hayward and Caltrans is helping both agencies achieve stormwater compliance for both agencies and is entirely funded by Caltrans.
The Tennyson project was installed in July 2023. The remaining large trash capture device is proposed for Arf Avenue near Hesperian Boulevard. Figure 2 below shows the two project areas.
Figure 2. Arf Avenue and Tennyson Road Trash Capture Project Areas with Caltrans The City will receive approximately 10% trash reduction credit with these two projects. The Arf Avenue project needs additional engineering work to meet the Alameda County Flood Control’s requirements, which are intended to prevent flooding in the storm drainpipe. The remaining credits for compliance will be achieved with the Arf Avenue trash capture device and addressing private landowners with direct connections to the City’s storm sewer where City-owned devices cannot treat the stormwater. On April 11, 2023, Council adopted amendments to the stormwater ordinance allowing staff to work with property owners to further reduce trash. With the completion of the Arf Avenue project and the City working with private landowners under the City’s stormwater inspection program, the City will achieve 100% trash reduction compliance.
DISCUSSION
The original budget and contract with Schaaf & Wheeler were approved by Council in summer of 2021. The additional design work to meet Alameda County Flood Control requirements placed the Arf Avenue project on hold while Tennyson Road was being constructed. The additional time, design, and cost for Arf Avenue has been incorporated into an amended implementation agreement, which has been approved by Caltrans. The engineering design services for Arf Avenue, to be provided by Schaaf & Wheeler, are estimated not-to-exceed $60,000. Council adoption of the attached resolution (Attachment II) would authorize the City Manager to amend the current agreement with Schaaf & Wheeler to incorporate the additional cost.
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
There will be some benefit to the local economy as installation of the Arf Avenue project will create short-duration construction jobs.
FISCAL IMPACT
The cooperative agreement with Caltrans states that Caltrans will fund the design and construction of the projects including the cost of engineering services to be provided by Schaaf & Wheeler. The cost of the project will not impact the City’s General Fund or other funds. The approximate areas treated and adjusted budget for each project is provided in Table 1 below.
Table 1. Budget and Area Treated for Arf Avenue and Tennyson Road Projects Project
Total Area (acres)
Total Caltrans Area (acres)
Credit for MRP Trash Reduction
Estimated Cost for device and installation
Arf Avenue
446
35 5%
$500,000
Tennyson Road
436
84 5%
$900,000
Consultant Services
$200,000
Total Cost (as of 2024)
$1,600,000
Proposed Additional Consultant Services
$60,000
Proposed New Total Cost
$1,660,000
The City will be responsible for maintaining the Arf Avenue device including cleaning the device periodically as with the other trash capture devices the City owns. The annual cost to maintain each device is approximately $2,000. Maintenance of the devices will be funded from the Stormwater Fund and will not impact the General Fund. In addition to the maintenance, the City’s financial contribution includes staff time associated with management of the design and installation of the devices.
STRATEGIC ROADMAP
This agenda item does not relate to a specific project identified in the Council-adopted Strategic Roadmap, but it supports the priority of Invest in Infrastructure.
SUSTAINABILITY FEATURES
Preventing pollution including trash from entering the waters of the state will benefit aquatic ecosystems and the health of the San Francisco Bay.
PUBLIC CONTACT
No public contact has been made regarding this agenda item. Public notices will be released prior to construction for the neighboring communities and businesses surrounding the project areas. Public notices will address any transportation or other modifications needed during construction to assist to public services.
NEXT STEPS
If approved, staff will amend the agreement with Schaaf & Wheeler and complete the installation of Arf Avenue. Staff will work with the consultant to finalize the additional design and requirements for the Arf Avenue device. The Arf Avenue project is anticipated to be complete in early spring of 2025.
Prepared by: Elisa Wilfong, Water Pollution Control Administrator Erik Pearson, Environmental Services Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
_____________________________________________
Dustin Claussen, Interim City Manager
https://hayward.legistar.com/LegislationDetail.aspx?ID=4916428&GUID=5A8A9657-693A-48B0-9D7F-7E207950AC98&Options=&Search= https://hayward.legistar.com/LegislationDetail.aspx?ID=4916428&GUID=5A8A9657-693A-48B0-9D7F-7E207950AC98&Options=&Search= https://hayward.legistar.com/LegislationDetail.aspx?ID=6343379&GUID=2C2C0AA3-7DF7-49AC-B38C-C155BEDE9B66&Options=&Search= https://hayward.legistar.com/LegislationDetail.aspx?ID=6697438&GUID=0657A930-B0AD-4745-83C1-36BBE0BDB880&Options=&Search= https://hayward.legistar.com/LegislationDetail.aspx?ID=6892966&GUID=324C769C-3ED8-478F-B5BA-B4B8F1960B5B&Options=&Search=