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HomeMy WebLinkAbout03. Authorize the General Manager to execute a Sewer Line Protection Agreement with the Town of MoragaCentral Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: Ai ly 21, 2016 Subject: 3. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A SEWER LINE PROTECTION AGREEMENT WITH THE TOWN OF MORAGA Submitted By: Initiating Dept./Div.: Paul Seitz Operations / Collection Systems Collection System Operations Division Operations Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION: A. Sasaki — Deputy General Manager Kent Alm Roger S. Bailey Counsel for the District General Manager ISSUE: The Town of Moraga experienced a large sinkhole during a rain event on March 13, 2016. The Town of Moraga has asked the District to enter into a Sewer Line Protection Agreement (Agreement) to authorize work on the District's sanitary sewer and to contribute financially to the sanitary sewer alteration needed for this project. BACKGROUND: On March 13, 2016, an unexpected 15 foot wide by 20 foot long by 15 foot deep sinkhole developed at the intersection of Rheem Boulevard and Center Street in the Town of Moraga. As rains continued throughout the day, several traffic signal poles, a Pacific Gas and Electric electrical switch vault, and a portion of the sidewalk fell into the expanding sinkhole. Numerous utilities were affected by the sinkhole, including: • A 96 -inch corrugated metal storm drain pipe; • A 27 -inch reinforced concrete storm drain pipe; • A bank of Comcast conduits filled with fiber optic lines; • Traffic signal electrical lines; • AT&T fiber lines; • Pacific Gas and Electric electrical lines; • A 4 -inch Pacific Gas and Electric steel natural gas line; and • Two unclaimed utility pipes. Adjacent to the sinkhole is a District ownedl5-inch asbestos concrete sanitary sewer line and a 12 -inch East Bay Municipal Utility District water line. Both of these lines were not exposed by the sinkhole and did not incur any damage. Page 1 of 3 POSITION PAPER Board Meeting Date: July 21, 2016 Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A SEWER LINE PROTECTION AGREEMENT WITH THE TOWN OF MORAGA On March 16, 2016, the Town of Moraga authorized an Emergency Declaration to repair the sinkhole. The Emergency Declaration allowed the Town of Moraga to stabilize the sinkhole, hire a design engineer, pre -qualify contractors, and receive proposals for the repairs. The Town of Moraga applied for federal highway funds for the repair, but the application was denied. They have appealed the decision and are currently waiting for a response. District staff has been coordinating with the Town of Moraga and their consultant, Ghirardelli and Associates. The coordination has consisted of initial emergency response, requests for information, and design review. The scope of the repair is the removal and replacement of approximately 120 linear feet of 96 -inch corrugated metal storm drain pipe and appurtenances. In order to facilitate this construction, 40 linear feet of the District's 15 -inch asbestos concrete sanitary sewer will be removed to install the storm drain pipe that is located underneath the sanitary sewer. This sanitary sewer was installed in 1958, and a video inspection earlier this year indicated no significant deterioration. The Town of Moraga believes that the District should fund the cost for the sanitary sewer alteration and has requested that the District execute the attached Agreement. The estimated cost of the work is $30,000. The District does not believe that it is legally obligated to fund this work, because it is a public entity with statutory rights to be located in streets and highways, rather than a public utility (such as cable companies) which typically operate within city streets through franchise arrangements. However, in the spirit of cooperation, the Board could choose to fund this alteration, due to the fact that the Town of Moraga has limited funding for this project, and the District will receive 40 -feet of upgraded pipe CEQA: Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15301, since it involves minor alterations to an existing public facility involving no expansion of use. Approval of this action will establish the Board of Directors' independent finding that this project is exempt from CEQA. ALTERNATIVES/CONSIDERATIONS: Other alternatives considered included self - performing the work, which is not viable, as the District only has one construction crew available which would limit other work, and the District is limited by the $15,000 cap on work performed by in-house staff; and not executing the Agreement with the Town of Moraga, which is not recommended. Page 2 of 3 POSITION PAPER Board Meeting Date: July 21, 2016 Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A SEWER LINE PROTECTION AGREEMENT WITH THE TOWN OF MORAGA FINANCIAL IMPACTS: The estimated cost for the utility repair is $25,000, which includes the cost of bypassing; removal of the existing sanitary sewer; replacement of the new sanitary sewer; support of the new sanitary sewer during construction; and backfill. The total not to exceed amount of the Agreement, which includes contingency, is $30,000. The Agreement does not include the cost of submittal review, coordination, construction inspection, or close circuit television inspection that will be performed by District staff. The Agreement will be funded from the Collection System Operations and Maintenance Budget. COMMITTEE RECOMMENDATION: The Administration Committee reviewed this item on July 14, 2016, and recommended/did not recommend the execution of the Agreement. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute an Agreement with the Town of Moraga. Attached Supoortina Document(s): 1. Sewer Line Protection Agreement ATTACHMENT 1 SEWER LINE PROTECTION AGREEMENT BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND THE TOWN OF MORAGA THIS SEWER LINE PROTECTION AGREEMENT (the "Agreement") is made and entered into on this, (DAY), (the "Effective Date") by and between the Central Contra Costa Sanitary District ("CCCSD") and the Town of Moraga, a California municipal corporation ("Town"). The Town and CCCSD may be individually referred to as a "Party" and collectively as the "Parties." RECITALS A. CCCSD is the owner of sewer lines within the Town of Moraga. The Town of Moraga is contracting for the emergency repair of a sinkhole with the Rheem Boulevard/Center Street 96 -inch Storm Drain Culvert Replacement Project (the "Project"). CCCSD has a 15 inch diameter sewer line within the scope of the Project ( the "Sewer Line"). 13. In the interest of expediency and cost efficiency to the Town of Moraga and its residents, CCCSD will allow the Town to replace a portion of the Sewer Line with ductile iron pipe and support the Sewer Line across the project excavation and backfill around and above the Sewer Line as provided for in the Project documents. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the Parties agree as follows: 1. Sewer Line Replacement. (a) The Town shall perform the Sewer Line Replacement in connection with the Project on behalf of CCCSD and seek reimbursement from CCCSD as detailed in Section 3 of this Agreement. (b) The Parties understand that continuous sewer flows through the Sewer Line is critical in operating and maintaining CCCSD's collection system. The CCCSD Sewer Line was operable before the Project. CCCSD hereby grants the Town permission to replace a portion of the Sewer Line with ductile iron pipe and support the Sewer Line across the project excavation and backfill around and above the Sewer Line as provided for in the Project documents. (c) All Sewer Line Replacement shall be done using CCCSD approved materials and shall meet the requirements and standards of CCCSD. Work shall be subject to inspection and testing by CCCSD and Town representative(s). (d) The Sewer Line Replacement shall not commence until the Agreement is executed by both Parties. Once the Sewer Line Replacement work is initiated, the Town of Moraga shall notify CCCSD. 1132633.1 - 1 CCCSD Sewer Line Protection Agreement OAK #4817-3045-9931 v2 (e) CCCSD shall inspect the work of the Sewer Line Replacement within 5 calendar days of being notified by the Town of the commencement of such work. (f) The Town will enter into an agreement with its contractor to perform the Sewer Line Replacement consistent with this Agreement. CCCSD will not reimburse the Town for administrative or inspection costs associated with Sewer Line Replacement performed by the Town or its contractor on the Project. Town will not reimburse CCCSD for administrative or inspection costs associated with Sewer Line Replacement on the Project. (g) CCCSD will not be responsible for property damage resulting from the Town's contractor. 2. Damage to CCCSD Property. (a) Any appurtenances damaged, buried, filled in or vertically misaligned by the Town or the Town's contractor shall be restored to original condition within ten (10) working days of discovery by the Town. Further, the Town shall notify CCCSD (925-260-2046) immediately. (b) In the event that the Town or its contractors damages CCCSD facilities during the course of the Project and do not repair such damage as provided in Section 2(a) above, CCCSD shall repair the damage at Town's expense and Town shall reimburse CCCSD for its reasonable actual costs in repairing such damage. 3. Cost of Sewer Line Replacement. CCCSD shall pay to Town $ for the Sewer Line Replacement work necessary for the construction of the Project. The total cost under this Agreement shall not exceed the total of $ 4. Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally, by facsimile or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows: CCCSD: Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 925-260-2046 925-938-2956 steve@centralsan.org Attn: Steve Sauter Filed Operation Superintendent 1132633.1 - 2 - ('UCSD Sewer Line Protection Agreement OAK #4817-3045-9931 v2 Town: Town of Moraga Public Works Department 329 Rheem Blvd., Moraga, CA 94556 Telephone: 925-888-7025 Facsimile: 925-376-5203 Email: ekwan@moraga.ca.us Attn: Edric Kwan, P.E. Public Works Director/Town Engineer 5. Entire A;;reement. This Agreement represents the entire understanding of CCCSD and Town as to those matters contained herein. No prior oral or written understanding of the Parties shall be of any force or effect with respect to the matters covered herein. 6. Waivers. No waiver of any provision of this Agreement or any breach of this Agreement shall be effective unless such waiver is in writing and signed by the waiving Party, and any such waiver shall not be deemed a waiver of any other provision of this Agreement or any other or subsequent breach of this Agreement. 7. Amendment. The Parties may amend this Agreement only by a writing signed by all of the Parties. IN WITNESS WHEREOF, Town and CCCSD have caused this Agreement to be executed on their behalf by their respective(s) as of the Effective Date. 1132633.1 - 3 C'CCSI) Sewer Line Protection Agreement OAK #4817-3045-9931 v2 TOWN: By: Title Dated: , 2016 ATTEST: APPROVED AS TO FORM: Town Attorney CCCSD: Central Contra Costa Sanitary District Dated: , 2016 By: Roger S. Bailey, General Manager OAK #48173045-9931 v2