HomeMy WebLinkAbout3.a. Amending the Utility Agreement with the Town of Moraga for sewer replacement work related to the Rheem Boulevard sink hole repair Page 1 of 2 Item 3.a. Central Contra Costa Sanitary District June 12, 2018 TO: ADMINISTRATION COMMITTEE FROM: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER REVIEWED BY: JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES ROGER S. BAILEY GENERAL MANAGER SUBJECT: AMENDING THE UTI LITYAGREEMENT WITH THE TOWN OF MORAGA FOR SEWER REPLACEMENT WORK RELATED TO THE RHEEM BOULEVARD SINKHOLE REPAIR The Town of Moraga (Moraga)experienced a large sinkhole during a rain event 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 Moraga. Numerous utilities were affected including storm drain, Comcast, AT&T, East Bay Municipal District(EBMUD), and Central San. The scope of the sinkhole repair included the removal and replacement of approximately 120 linear feet of 96-inch corrugated metal storm drain and appurtenances. I n order to facilitate this construction, it was necessary to remove and replace approximately 40 linear feet of Central San's 15-inch asbestos concrete sanitary sewer that was above the storm drain pipe. Moraga received emergency funds from Caltrans to help repair the sinkhole. Caltrans reviewed the right of way within Rheem Boulevard and indicated that, by Caltrans standards, Central San does not have senior or superior rights over Moraga's rights.As a result, Caltrans requested for Central San to fund the cost of the sanitary sewer alteration as it is ineligible for federal funds. The Board approved the Utility Agreement(Agreement)with Moraga on January 26, 2017. While Central San questioned whether it is legally obligated to fund this work, the Board chose to approve the Agreement in the spirit of cooperation since Moraga has limited funding for their repair work and Central San will receive 40 feet of new pipe. In recognition of Central San's concerns, Caltrans drafted the Agreement noting the dispute, with neither party diminishing their position or waiving any rights. The Agreement estimated the work at$35,000 and authorized a total cost up to 125% of the estimate, or $43,750 for the work; it states that in the event the final bill exceeds 125% of the estimate that an amended Agreement shall be executed between the parties. Moraga bid the Sinkhole Repair project on June 1, 2017 and received three bids. The Town of Moraga's Engineer's Estimate for the work was $1,821,400 and the low bid from McGuire & Hester was $1,320,700. However the lump sum item for Bid Item 28, "Utility Restoration, CCCS D Sanitary Sewer", originally estimated at$26,500, was $50,700 which is higher than the amount authorized in the Agreement. Substantial completion for the project occurred on November 16, 2017 with final contract acceptance by the Moraga Council on January 11, 2018. June 12, 2018 Regular ADMIN Committee Meeting Agenda Packet- Page 3 of 8 Page 2 of 2 Recently, Moraga submitted the final bill under the Agreement in the amount of$50,700, which includes the cost of bypassing; removal/abatement of the existing sanitary sewer, installation of the new sanitary sewer, and protecting the new sanitary sewer during construction. The final amount of$50,700 is 145% of the estimate or an additional $6,950. While the amount of this amendment is within the General Manager's authority, staff is forwarding this matter to the Administration Committee as an informational item, prior to executing the amendment due to its political sensitivity. GOAL THREE:Be a Fiscally Sound and Effective Water Sector Utility Strategy 2- Manage Costs June 12, 2018 Regular ADMIN Committee Meeting Agenda Packet- Page 4 of 8