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HomeMy WebLinkAbout04. Authorize the General Manager to execute a utilty agreement with Contra Costa County Transit Authority (CCTA)Page 1 of 8 Item 4. DCENTRALSAN MEETING DATE: JUNE 15, 2023 BOARD OF DIRECTORS POSITION PAPER SUBJECT: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A UTILITY AGREEMENT WITH CONTRA COSTA TRANSIT AUTHORITY(CCTA) FOR REI MBURSEMENTOF COSTS INCURRED BY CENTRAL SAN ASSOCIATED WITH THE CCTAA-LINE RELOCATION, DISTRICT PROJECT 100050; AUTHORIZE A BUDGET TRANSFER IN THE AMOUNT OF $1,707,382 FROM THE FISCAL YEAR 2022-23 CAPITAL IMPROVEMENT BUDGET CONTINGENCYACCOUNT; AND FIND THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITYACT SUBMITTED BY: INITIATING DEPARTMENT: DANA LAWSON, SENIOR ENGINEER ENG -PDS -DIVISION MANAGER REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER EDGAR J. LOPEZ, PROVISIONAL DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES kv- Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE The Board of Directors (Board) authorization is required for the General Manager to execute a agreement with the Contra Costa Transit Authority (CCTA). The fully executed Utility Agreement will allow Central San to establish a starting date for all eligible reimbursement costs. June 15, 2023 Regular Board Meeting Agenda Packet - Page 21 of 100 Page 2 of 8 BACKGROUND Contra Costa Transit Authority (CCTA), in cooperation with the California Department of Transportation (CalTrans), is planning to construct additional improvements to the State Route 4/ Interstate 680 interchange, which requires relocation of Central San facilities. According to California Streets and Highway Code Section 702, "Whenever the department requires any utility to remove any utility facility lawfully maintained in the right of way of any freeway to a location entirely outside the freeway right of way, the department shall pay the reasonable and necessary cost of such removal. This includes both the cost of removal and the cost of relocation in a new location outside of the freeway right of way." Central San has superior rights to CalTrans/CCTA since the 84 -inch sewer was constructed on a parcel owned by Central San and in easements where the former Bay Cities Dirt Track Speedway used to exist in the 1950s prior to construction of the interstate highway. I n accordance with a Notice to Owner on behalf of CCTA in August 2022, Central San is required to prepare engineering plans and relocate over 2000 feet of an 84 -inch reinforced concrete pipe (RCP), commonly referred to as the A -Line along Berry Drive, to the east of I nterstate 680, approximately 10-15 feet into the center of the road to avoid foundations for new highway retaining walls where the interchange will be widened. Additionally, approximately 250 feet of 12 -inch and 8 -inch sewers on the west side of Interstate 680 must be relocated a similar distance to the west where the interchange is being widened. This agreement was approved by CCTA's board in May and is pending Central San's approval. General terms of this reimbursement agreement include: • CCTA's total estimated liability for engineering ($1,907,382). • Central San will contract for, and manage, the planning and design efforts. Central San will prepare and submit progress invoices for costs incurred not more frequently than once a month, but at least quarterly. • CCTA will not pay for any betterment or increase in capacity of Central San facilities. • Any deviations from the agreement require execution of an amendment. The purpose of this agreement is to reimburse efforts for design drawings and an Engineer's Estimate of Probable Cost (e.g. construction cost estimate) tso that CCTA can finalize its funding for both the utility relocation and the larger State Route 4/ Interstate 680 Interchange Improvement project. If there is insufficient funding, then CCTA has stated that their project may be phased and the sewer relocation would be concurrent with their first phase. Central San and CCTA will collaborate on the consultant procurement for a large diameter pipeline designer. Any changes to the $1.9 million budget will occur through an amendment to the Utility Agreement. This would be brought back to the Board along with the authorization of a Professional Engineering Services Agreement for the design services. Additional collaboration will take place through an exchange of information during the engineering process for field survey, utility locating and potholing, geotechnical investigations, permitting, and community outreach. CCTA will be taking the lead for right-of- way acquisition and funding. Staff anticipates coming back to the Board as the project progresses for a second agreement with CCTA for reimbursement of construction costs and the award of a construction contract and/or related services. California Environmental Quality Act (CEQA) Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15302 (Replacement or Reconstruction), since the new structure will be located on substantially the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Approval of this project will establish the Board's independent finding that this project is exempt from CEQA. June 15, 2023 Regular Board Meeting Agenda Packet - Page 22 of 100 Page 3 of 8 ALTERNATIVES/CONSIDERATIONS The Board may decline authorization of the agreement. This option is not recommended as the agreement provides funding for the required relocation. CCTA provided advanced notice to Central San in the 2000's when the planning and phased interstate project(s) were developed. FINANCIAL IMPACTS The existing 84 -inch, 12 -inch and 8 -inch sewer pipelines are lawfully maintained in their present locations pursuant to rights superior to those of CCTA and will, therefore, be relocated at CCTA's expense. With this agreement, CCTA is agreeing to reimburse for 100 percent of the engineering cost. A subsequent agreement, or amendment, will be required for the construction costs. Staff opened District Project 100050, CalTrans A -Line Relocation, shortly after notification was received from CCTA to relocate our facilities. This allows tracking of staff time and future engineering costs that will be used to package reimbursement requests to CCTA. In November 2022, $200,000 was allocated from contingency; and an additional $1,707,382 allocation is required for next year. Overall, there will be no net impact to the Capital Improvement 10 -Year Plan since these project costs will be fully reimbursed by CCTA per these agreements. While Central San opted to minimize it's accounting burden for this first agreement through a quarterly -reimbursement basis, the second agreement is anticipated to provide up -front funding for the construction costs which will require Central San to follow strict accounting requirements and deposit the funds into an escrow account. More information on projects costs and financial impacts will be presented once the engineering and costs can be more defined. COMMITTEE RECOMMENDATION The Engineering and Operations Committee reviewed this subject at the meeting on June 12, 2023 and recommended approval with the clarifications in this Position Paper. Staff is recommending approval of the project as soon as possible to account for future reimbursable costs and labor spent to date. RECOMMENDED BOARD ACTION Staff recommends the following Board actions: 1. Find this project is exempt from CEQA; 2. Authorize a budget transfer in the amount of $1,707,382 from the FY2022-23 Capital Improvement Budget contingency account; and, 3. Authorize General Manager to execute the agreement with CCTA. Strategic Plan Tie -In GOAL ONE: Customer and Community Strategy 1— Deliver high-quality customer service, Strategy 3 - Build neighborhood and industry relations GOAL FOUR: Governance and Fiscal Responsibility Strategy 3 - Maintain financial stability and sustainability GOAL SIX: Infrastructure Reliability Strategy 1 - Manage assets optimally June 15, 2023 Regular Board Meeting Agenda Packet - Page 23 of 100 Page 4 of 8 ATTACHMENTS: 1. Map 2. Recommended Position Paper changes from 06-12-23 E&O Committee Meeting (Handout) June 15, 2023 Regular Board Meeting Agenda Packet - Page 24 of 100 . �„ , ., yw,w, Z, , .y, , ,uw , ,. ,,.. , uy. Recycled Water Main Active f Tentative Inactive (Water only) s oC3oe Abandoned Network Structure Access Vault � Influent Structure © Lift Station � Metering Station Open Inlet (Holding Basins Only) Pump Station - - * Valve Structure Force Main / Sewer Main _ = Pacheco f Active - - Renovation Scheduled - • - Tentative �. o4- Abandonment Scheduled — Inactive or Future Use — Force Main - Private Sewer Main - Private — Active - • - Tentative Renovation Scheduled +W Abandonment Scheduled {•. Outfall Component Inclinometer _ # Leveling Monument ,ms Network Structures - Outfall - ® Discharge Point ® Influent Structure Notes s Overview of relocation for CCTA project _ - -_ - v Valve Structure Access Hatch A Access Hatch, Tentative H Junction Structure - Outfall = Manholes - Outfall This map is a user generated static output from Central San's ,&CENTRAL SAN 0 400 800 Feet kk Geoportal and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. rr N Map Created On:4/6/2023 Map Projection: WGS84 Central San Map . �„ , ., yw,w, Z, , .y, , ,uw , ,. ,,.. , uy. Item 4a(H9rf66ut) "Changes in strikeout mode, made at 06-12-23 E&O Committee Meeting per -CD D MEETING DATE: JUNE 15. 2023 recommendation BOARD OF DIRECTORS POSITION PAPER Item 4. SUBJECT: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A UTI LITYAGREEMENT WITH CONTRA COSTA TRANSIT AUTHORITY (CCTA) FOR REIMBURSEMENT OF COSTS INCURRED BY CENTRAL SAN ASSOCIATED WITH THE CCTA A -LINE RELOCATION, DISTRICT PROJECT 100050; AUTHORIZE A BUDGET TRANSFER IN THE AMOUNT OF $1,707,382 FROM THE FISCAL YEAR 2022-23 CAPITAL IMPROVEMENT BUDGET CONTINGENCYACCOUNT; AND FIND THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITYACT SUBMITTED BY: INITIATING DEPARTMENT: DANA LAWSON, SENIOR ENGINEER ENG -PDS -DIVISION MANAGER REVIEWED BY: DANEAGEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER EDGAR J. LOPEZ, PROVISIONAL DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE The Board of Directors (Board) authorization is required for the General Manager to execute a agreement with the Contra Costa Transit Authority (CCTA). The fully executed Utility Agreement will allow Central San to establish a starting date for all eligible reimbursement costs. BACKGROUND Contra Costa Transit Authority (OCTA), in cooperation with the California Department of Transportation (CalTrans), is planning to construct additional improvements to the State Route 4/ Interstate 680 interchange, which requires relocation of Central San facilities. According to California Streets and Highway Code Section 702, "Whenever the department requires any utility to remove any utility facility lawfully maintained in the right of way of any freeway to a location entirely outside the freeway right of way, the department shall pay the reasonable and necessary cost of such removal. This includes both the cost of removal and the cost of relocation in a new location outside of the freeway right of way." Central San has superior rights to CalTrans/CCTA since the 84 -inch sewer was constructed on a parcel owned by Central San and in easements where the former Bav Cities Dirt Track Sgeedwav used to exist in the 1950s prior to construction of the interstate highwa I n accordance with a Notice to Owner on behalf of CCTA in August 2022, Central San is required to prepare engineering plans and relocate over 2000 feet of an 84 -inch reinforced concrete pipe (RCP), commonly referred to as the A -Line along Berry Drive, to the east of Interstate 680, approximately 10-15 feet into the center of the road to avoid foundations for new highway retaining walls where the interchange will be widened. Additionally, approximately 250 feet of 12 -inch and 8 -inch sewers on the west side of Interstate 680 must be relocated a similar distance to the west where the interchange is being widened. This agreement was approved by CCTA's board in May and is pending Central San's approval. June 15, 2023 Regular Board Meeting Agenda Packet - Page 26 of 100 Page 7 of 8 _General terms of this reimbursement agreement include: • CCTA's total estimated liability for engineering ($1,907,382). • Central San will contract for, and manage, the planning and design efforts. Central San will prepare and submit progress invoices for costs incurred not more frequently than once a month, but at least quarterly. • CCTA will not pay for any betterment or increase in capacity of Central San facilities. • Any deviations from the agreement require execution of an amendment. The purpose of this agreement is to reimburse efforts for engineering and develop design drawings and an Engineer's Estimate of Probable Cost (e.g. construction cost estimate) to betteF estimate the tetal estimated pFejeet and eenstFuetien eests so that CCTA can finalize its funding for both the utility relocation and the larger State Route 4/ Interstate 680 Interchange Improvement project. 'F„- ;ere�� If there is insufficient funding, then CCTA has stated that their project may be phased and the sewer relocation would be concurrent with their first phase. Central San and CCTA will collaborate on the consultant procurement for a large diameter pipeline designer. Any changes to the $1.9 million budget will occur through an amendment to the Utility Agreement. This would be brought back to the Board along with the authorization of a Professional Engineering Services Agreement for the design services. Additional collaboration will take place through an exchange of information during the engineering process for field survey, utility locating and potholing, geotechnical investigations, permitting, and community outreach. CCTA will be taking the lead for right-of-way acquisition and funding. Staff anticipates coming back to the Board feF a19 ameRdmeRt te this agFeement as the eRg+peer rp oject progresses for a second agreement with CCTA for reimbursement of construction costs and the award of a construction contract and/or related services. Similar te the engineeriigg agreement, Gentral San plans te eenstruetien manage the prejeet te ensure that this entmeal pipeline is installed t6 nostroet Stand ,d California Environmental Quality Act (CEQA). Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15302 (Replacement or Reconstruction), since the new structure will be located on substantially the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Approval of this project will establish the Board's independent finding that this project is exempt from CEQA. ALTERNATIVES/CONSIDERATIONS The Board may decline authorization of the agreement. This option is not recommended as the agreement provides funding for the required relocation. CCTA provided advanced notice to Central San in the 2000's when the planning and phased interstate project(s) were developed. FINANCIAL IMPACTS The existing 84 -inch, 12 -inch and 8 -inch sewer pipelines are lawfully maintained in their present locations pursuant to rights superior to those of CCTA and will, therefore, be relocated at CCTA's expense. With this agreement, CCTA is agreeing to reimburse for 100 percent of the engineering cost. A subsequent agreement, or amendment, will be required for the construction costs. Staff opened District Project 100050, CalTrans A -Line Relocation, shortly after notification was received from CCTA to relocate our facilities. This allows tracking of staff time and future engineering costs that will be used to package reimbursement requests to CCTA. I n November 2022, $200,000 was allocated from contingency; and an additional $1,707,382 allocation is required for next year. Overall, there will be no net impact to the Capital I mprovement 10 -Year Plan since these project costs will be fully reimbursed by CCTA per these agreements. . While Central San opted to minimize it's accountina burden for this first aareement throuah a auarterlv-reimbursement basis. the second aareement is anticipated to provide uD-front fundina for the construction costs which will reauire Central San to follow strict accountina requirements and deposit the funds into an escrow account. More information on projects costs and financial impacts will be presented once the engineering and costs can be more defined. COMMITTEE RECOMMENDATION The Engineering and Operations Committee reviewed this subject at the meeting on June 12, 2023 and recommended approval with the clarifications in this Position Paper. . Staff is recommending approval of the project as soon as possible to account for future reimbursable costs and labor spent to date. RECOMMENDED BOARD ACTION Staff recommends the following Board actions: 1. Find this project is exempt from CEQA; June 15, 2023 Regular Board Meeting Agenda Packet - Page 27 of 100 Page 8 of 8 2. Authorize a budget transfer in the amount of $1,707,382 from the FY2022-23 Capital Improvement Budget contingency account; and, 3. Authorize General Manager to execute the agreement with CCTA. Strategic Plan Tie -In GOAL ONE: Customer and Community Strategy 1— Deliver high-quality customer service, Strategy 3 - Build neighborhood and industry relations GOAL FOUR: Governance and Fiscal Responsibility Strategy 3 - Maintain financial stability and sustainability GOAL SIX. Infrastructure Reliability Strategy 1- Manage assets optimally ATTACHMENTS: 1 • Map June 15, 2023 Regular Board Meeting Agenda Packet - Page 28 of 100