City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: October 28, 2024
Staff Report: 2407-3218
TITLE
Approval of Professional Services Contract Number C25190936 with WRA, Inc. in the Amount of $908,806 for the Design and Monitoring of the Arastradero Creek Permanent Restoration Project – Design Phase in the Pearson-Arastradero Preserve in the City of Palo Alto for a Period of 3 Years; CEQA status - Not a project.
RECOMMENDATION
Staff recommends that City Council approve and authorize the City Manager or designee to execute Contract Number C25190936 (Attachment A) with WRA, Inc. for design and construction management of the Arastradero Creek Permanent Restoration Project for a term of 3 year(s) and a total amount not-to-exceed $908,806, including $711,200 for basic services and $197,606 for additional services.
EXECUTIVE SUMMARY
The Arastradero Creek Permanent Restoration Project – Design Phase aims to provide a design and agency permits to permanently stabilize Arastradero Creek in the Pearson-Arastradero Preserve, following a significant storm event in early 2023 that exposed an 8-inch diameter steel high-pressure natural gas pipeline crossing the creek. Recognizing the urgency to protect existing utilities during the 2024 winter season, Staff obtained an emergency permit from the Army Corps of Engineers in 2023 to perform a temporary creek stabilization project, to protect the exposed gas pipeline and prevent further risk to a 16-inch potable water pipeline and 16- inch sewer collection pipeline that cross in the same location. The natural gas pipeline and potable water pipeline at this location are the only pipelines that provide utility service to the foothills.
WRA Inc. will provide the creek restoration permitting, design, construction monitoring support required of the permitting agencies to complete a full creek stabilization project. While WRA Inc. is gathering data for the permanent creek stabilization design, Staff will analyze the location of the existing utility pipelines and determine if relocating them to another location or deeper is feasible. If it is determined that relocation of the pipelines is feasible, Staff will conduct an inhouse design of the pipeline relocation and renegotiate the contract with WRA
Inc. and return to City Council to amend the scope to provide similar environmental services (permitting, biological monitoring, and post construction monitoring) for the relocation of the utility lines. Some creek restoration and access road repair work will be required eventually with either outcome.
Staff is requesting approval of funding for the full creek restoration design Scope of Work and will return to City Council for approval for a construction contract in mid-2025 if the restoration project is selected.
This contract also allows staff to direct WRA to perform biological support for the design phase of the Foothill Rebuild project, as noted in Tasks 3 and 4 under Additional Services.
BACKGROUND
In March 2023, a community member informed the City of Palo Alto Utilities (CPAU) Department about an exposed 8-inch steel natural gas pipeline in Arastradero Creek within the Pearson-Arastradero Preserve. The pipeline was previously inspected in May 2022, and no damage was reported at that time. However, a storm event in early 2023 caused significant erosion in Arastradero Creek, exposing the 8-inch high-pressure gas pipeline and threatened to expose a 16-inch potable water and 16-inch wastewater collection pipelines servicing the foothills. A Safety Related Condition Report was sent to the California Public Utilities Commission, as required by Title 49 Code of Federal Regulations Part 191.23, on March 31, 2023.
The City contacted WRA, Inc. to assist with obtaining emergency permits and performing a creek design to temporarily stabilize the creek and protect the water, gas, and wastewater utility pipelines through the 2024 winter season. WRA, Inc. was issued an emergency contract due to extensive creek stabilization requirements required by the permitting agencies like the San Francisco Bay Regional Water Quality Control Board (SFBRWQCB), California Department of Fish and Wildlife (CDFW), and United States Army Corps of Engineers (USACE). The emergency contract, as defined in Palo Alto Municipal Code (PAMC) Section 2.30.160, was authorized by the City Manager and later presented to City Council September 23, 2023, Staff Report #2309- 20861, for additional design, biological monitoring, and creek restoration work. A Regional General Permit No. 5 was issued by the USACE to place fill material, including soil, cobbles, and boulder revetments, within Waters of the United States, for necessary repairs and protection measures. The fill provided temporary protection for the exposed gas pipeline and prevented additional erosion of the creek to protect the 16-inch potable water pipeline and 16-inch sewer collection pipeline upstream. Temporary restoration work started in September 2023 and was completed in November 2023.
As part of the emergency permit, the City received a Notice of Applicability (NOA) from the SFBRWQCB, which listed regulatory requirements for the City to comply with. One of those 1 Staff Report #2309-2086
https://www.cityofpaloalto.orghttps://portal.laserfiche.com/Portal/DocView.aspx?id=68303&repo=r-704298fc requirements is for the City to remove the temporary stabilization fill and permanently stabilize the creek to provide long-term protection to the pipelines or relocate the pipelines. As part of the NOA, a civil liability of $5,000 per day could be imposed upon the City’s for failure to comply with these requirements. A preliminary project schedule was approved by SFBRWQCB to complete the permanent creek stabilization project or relocate the pipelines by October 2026.
ANALYSIS
CPAU engineering staff will evaluate the feasibility of and requirements for relocating the utilities deeper or around Arastradero Creek. WRA, Inc. (Consultant) will evaluate (1) the feasibility of and requirements for creek restoration to address the causes of erosion and (2) the environmental and permitting requirements for both utility relocation and creek restoration options, including any post construction monitoring required of the permitting agencies.
Project Description
The Arastradero Creek Permanent Restoration Project – Design Phase aims to determine the cause of the creek erosion through engineering and hydrological investigation and develop a design approved by the permitting agencies. The work will also include any reporting, construction support, and monitoring required by the agencies. Contract C25190936 requires the evaluation of at least three options outlined in the SFBRWQCB NOA:
Option 1 Modifying Lake Arastradero;
Option 2 Lowering utility pipelines below the predicted equilibrium slope of the head cut; Option 3 Implementing a larger stabilization design with multiple grade control features provided by the SFBRWQCB.
In short, the City has developed the following five tasks for the Consultant to perform. •Task 1 – Assessing the creek’s condition, identifies causes of instability, and evaluating ecological importance.
•Task 2 – Drafting project documents, coordinating with the City and permitting agencies, and ensuring the final design meets requirements.
•Task 3 – Obtaining permits, preparing applications, and ensuring compliance. •Task 4 – Developing a plan to restore native plants, stabilize soil, and enhance habitat. •Task 5 – Supporting staff’s construction management, conducts biological monitoring, and completes necessary reporting, including two years of post-construction monitoring.
After completion of Task 1 and staff proposes a preferred option, the Consultant will develop and submit the design and environmental permitting documents for proposed option to the appropriate regulatory permitting agencies for review and comment. The environmental determination and final design proposed by WRA must receive approval from City Staff, City Council, and/or regulatory agencies, as appropriate.
WRA Inc. will complete Task 1 while Staff is evaluating Option 2 – lowering the utility pipelines.
If Staff determines Option 2 to be the City’s preferred option, WRA Inc. would still assist Staff with design support, permitting, construction services support, revegetation plant plan, and post construction monitoring for the utility relocation work. Relocating the pipelines would result in a smaller creek restoration project. If Option 2 is the preferred option, Staff anticipates that the full budget of this contract will not be needed to complete Tasks 2-5.
In addition to these services for the Arastradero Creek Permanent Restoration Project – Design Phase, this contract allows staff to direct WRA to perform biological support for the design phase of the Foothill Rebuild project, as noted in Tasks 3 and 4 under Additional Services.
Solicitation Process
The City issued a Request for Proposal (RFP) for professional services for the Arastradero Creek Permanent Restoration Project – Design Phase. It was posted on the OpenGov e-procurement website on May 16, 2024, with bids due on June 4, 2024.
The City received three (3) proposals from Balance Hydrologics, Haley & Aldrich, Inc., and WRA, Inc. Staff reviewed and evaluated the three proposals in accordance with factors defined in the Palo Alto Municipal Code Section 2.30.410. Based on cost-effectiveness, environmental impact assessment, engineering design standards, revegetation plan, and regulatory compliance, the evaluation committee selected Balance Hydrologics and WRA Inc. as the top two proposers to present their solutions outlined in their proposal at an in-person presentation. WRA, Inc. was selected as the top-ranked proposer, even though they were higher in cost. WRA, Inc. is a moderately sized environmental engineering firm with adequate resources to allocate staff to perform the work under this contract and have performed satisfactorily on previous projects for the City.
Below is the procurement summary table:
Table 1: Summary of Request for Proposal
Project Bid Name/Number Arastradero Creek Permanent Restoration Project RFP190936
Proposed Length of Project 500 Working Days
Number of Bid Packages Downloaded by
Contractors 3
Total Days to Respond to Bid 12 working days
Mandatory Pre-Bid Meeting Yes
Number of Company Attendees at Pre-Bid Meeting 5
Number of Bids Received 3
Base Bid Price Range $460,976 -$742,666
Public Link to Solicitation https://procurement.opengov.com/governments/650/pr ojects/96223/evaluation/document?phase=undefined
Staff reviewed and negotiated with WRA Inc. on their proposal for a total defined scope of $711,200. Due to significant uncertainty and the likelihood of unforeseen circumstances, the completion deadline imposed on the City by the Regional Water Quality Control Board, as well as the potential consequences of delays, such as regulatory enforcement actions, fines, and the need for compensatory mitigation, the attached contract includes an additional service provision of $197,606, which is 28% of basic services, to address any unexpected conditions that may occur. This amount exceeds the City’s 10% standard because the additional services may include, but not limited to, geotechnical boring for the utility pipeline relocation, vegetation clearing, United States Fish and Wildlife Services Section 7 biological monitoring, development of a temporary irrigation plan, and biological monitoring for the installation of conduit. These services are included in the additional services amount and will not be determined until the final scope of the project is determined. The total contract price will not exceed $908,806.
FISCAL/RESOURCE IMPACT
There is sufficient budget in FY 2025 in capital improvement project (GS-25001) Gas Line Repair at Arastradero Creek to fund this contract. Additional funds for the construction phase will be added in FY2026 budget cycle. The Water Fund and Wastewater Fund may contribute to the project and the allocation will be determined after the evaluation and design is complete. Work on the Foothill Rebuild project will be funded by capital improvement project (EL-21001) Foothills Rebuild (Fire Mitigation).
STAKEHOLDER ENGAGEMENT
The key stakeholders for this project include the Utilities Department, Community Services Department - Open Space, USACE, CDFW, and SFRWQCB. Engagement strategies include coordination between agencies, meetings, website updates, and updates to ensure regulatory compliance.
ENVIRONMENTAL REVIEW
Approval of this contract for evaluation, design, permitting, and monitoring of the Arastradero Creek Permanent Restoration Project is not a project under the California Environmental Quality Act (CEQA), pursuant to the California Public Resources Code Section 21065, because it is not an activity that will cause a direct physical change in the environment. The work under this contract will assess whether the construction phase of the Arastradero Creek Permanent Restoration Project needs an environmental review under CEQA. The project might qualify for exemptions, such as exemptions related to minor modifications and habitat restoration (Class 1 – Existing Facilities, Class 4 – Minor Alterations to Land, and Class 33 – Small Habitat Restoration Projects).
A detailed review under this contract will evaluate potential impact on sensitive habitats, endangered species, or cultural resources. If an exemption does not apply, an Initial Study will determine if a Negative Declaration or Environmental Impact Report (EIR) is needed, ensuring the project follows all environmental regulations and supports the creek’s long-term stabilization.
ATTACHMENTS
Attachment A: Contract C25190936
APPROVED BY:
Dean Batchelor, Director of Utilities
Staff: Edmar David, Water, Gas and Wastewater Engineer