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