HomeMy WebLinkAbout03.b. Approve a $650,000 Contingency Project for the Tappan Terrace Sewer Replacement and Find Exempt from CEQAPage 1 of 11
Item 3.b.
CDr EENI RAL SAN BOARD OF •'
�J POSITION PAPER
CENTRAL CONTRA COSTA SANITARY DISTRICT �
� •
MEETING DATE: JUNE 20, 2023
SUBJECT: REVIEW DRAFT POSITION PAPER TO APPROVE A $650,000
CONTINGENCY PROJECT FOR THE TAPPAN TERRACE SEWER
REPLACEMENT; FIND THAT THE PROJECT IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITYACT (CEQA); AUTHORIZE THE
GENERAL MANAGER TO EXECUTE A NEGOTIATED CONSTRUCTION
CONTRACT IN THE AMOUNT OF $498,000 WITH ENGINEERED SOIL
REPAIRS, INC.; AND TRANSFER $650,000 FROM THE CAPITAL
IMPROVEMENT BUDGET CONTI NGENCYACCOUNT TO FUND THE
PROJECT
SUBMITTED BY:
INITIATING DEPARTMENT:
JASON FITCH, ASSOCIATE ENGINEER ENGINEERING AND TECHNICAL SERVICES -
CAPITAL PROJECTS
REVIEWED BY: SASHA MESTETSKY SENIOR ENGINEER
EDGAR J. LOPEZ, PROVISIONAL DIRECTOR OF ENGINEERING AND
TECHNICAL SERVICES
KENTON L. ALM, DISTRICT COUNSEL
ISSUE
The Board of Directors (Board) approval is required for any new project in an amount over $200,000,
which is not identified in the Capital Improvement Budget (CI B) and Cl B transfers in an amount over
$500,000.
BACKGROUND
I n March of 2020, several properties in the Tappan Terrace subdivision in Orinda were damaged due to a
landslide. Central San owns and operates a 8-inch public sewer within Tappan Terrace (private road) and
sewer easements on 315 and 318 Tappan Terrace, and 99 Tappan Lane, which were granted by the
subdivision developer in 1978, as shown in the Attachment 1-Project Location Map.
Central San was unaware of the landslide until early July 2020 when notification was provided of a soils
design repair that would impact the utilities in the area, most specifically the East Bay Municipal Utility
District's (EBMUD) waterlines and Central San's sewer facilities. By the end of July 2020, Central San had
found multiple damages to its sewers caused by the landslide and determined that approximately 300 feet
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of the sewer line would have to be out of service as repairs were infeasible. This sewer line served the
three properties, 315 and 318 Tappan Terrace and 99 Tappan Lane, resulting in temporary above ground
sewers installed by the Collection System Operations division to provide reliable sewer service.
On April 23, 2022, a settlement agreement was made between EBMUD, multiple property owners,
insurances, and the homeowner association in the Tappan Terrace subdivision. Engineered Soil Repairs,
I nc. (ESR) was named in the settlement agreement as the specialty contractor for repairing the property
related to the landslide by installing retaining walls, soils restoration, and roadway repair. Permanent repair
of the utilities was not included in the settlement. ESR has applied for permits for the work identified under
the settlement, and Central San has reviewed and allowed the encroachments within the sewer
easements.
Central San has been coordinating with EBMUD, ESR, and PG&E for the landside repair and new
utilities. PG&E elected to replace its own utilities. EBMUD and Central San explored the possibility of a
joint agreement for one contractor to repair both utilities as a subcontractor to ESR, however, was
unsuccessful since several pipeline contractors were not interested and did not provide bid pricing.
Feedback received from those contractors was focused on the difficulty in open -trench construction on
hillsides and coordination required with the soils repair or risks involved with restoration. After which,
EBMUD decided to procure ESR to perform the work, with support from EBMUD's pipeline crews. ESR
intends to install the water utility as they perform the soil repair and has provided a proposal in the amount
of approximately $498,000 to Central San to install the sewer at the same time. Staff has evaluated
multiple alternatives, including conducting the work as a construction contract change order, and
recommends using ESR as the practical alternative to complete the sewer work in a fashion that minimizes
the chance of interfering with the integrity of the overall slide repair.
Although as a general rule, competitive bidding for District projects is mandatory, however there are certain
well recognized exceptions to that requirement. One exception is where the nature of the contract subject
is such that "...competitive proposals would be unavailing or would not produce an advantage, and the
advertisement for competitive bid would thus be undesirable , impractical or impossible." ( Kennedy v.
Ross (1946) 28 Cal 2nd 569). Staff and District counsel have concluded that it is necessary to conduct the
sewer replacement in a fashion that does not interfere with or compromise the overall slide repair. Having
the slide repair contractor integrate the sewer work into its overall slide repair meets that objective.
ESR is a specialty contractor that is well known in the San Francisco Bay Area for soils repairs associated
with landslides and has the qualifications and experience as a general contractor to install pipelines such
as gravity sewers and related structures. The scope of work for the sewer replacement includes, but is not
limited to, installation of 300 feet of 8-inch sewers, two new sewer structures, reconnecting side sewers,
and other related sewer work activities.
Staff reached out to other sewer contractors for additional pricing to verify the proposed ESR price or find
other construction methods but received limited responses and interest due to the slide repair. The price
offered by ESR is reasonable considering the complexities involved with replacing the sewer facilities
such as the topography (steep hillsides), equipment access, deep excavations (10 feet), and the amount
of grading required for the construction work is extensive.
Central San staff designed the new sewer facilities and plans to administer the construction contract and
provide construction management, resident engineering, survey, administration, and submittal review.
Construction inspection will be performed by one of Central San's consultant inspection service contracts.
CEQA
Staff has concluded that this project is exempt from CEQA under Central San CEQA Guidelines Section
15302 because it involves replacement of existing facilities at substantially the same locations and with the
same purpose and level of activity as the facilities being replaced. Any capacity increases are for non -
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growth inducing, wet weather purposes. The project also is exempt under Central San CEQA Guidelines
Section 15061(b)(3), since it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment. This certainty is based on Central San's
experience with numerous sewer construction projects of this nature, the relatively short distance involved,
and Central San's mitigating construction specifications. These specifications are standardized general
and special conditions that are made part of the project bid documents to address environmental
considerations, such as protecting trees and riparian areas, as well as compliance with applicable federal,
state, county, district, municipal and local laws, ordinances, orders, and regulations. Approval of this project
will establish the Board's independent finding that this project is exempt from CEQA.
ALTERNATIVES/CONSIDERATIONS
ESR is currently awaiting responses or contract agreements from EBMUD and Central San. EBMUD is
scheduled to get approval in July and Central San staff is recommending to do the same as ESR plans to
start the landslide repair by late July. Performing the sewer work after ESR's work is not recommended.
Staff considered and evaluated several alternatives, including the following:
1. Perform and contract the sewer work as a public bid, but due to the design coordination and
construction timing, this alternative is not recommended.
2. Staff considered other methods besides open -trench construction but due to site constraints, were
unable to recommend any that could help reduce or lessen the construction impacts.
3. Staff considered coordinating the work with a contractor already under contract. Staff does not
recommend this approach due to the slow pace anticipated with the pipeline installation. ESR plans
to build the hillside and install the water and sewer at 18-20 feet intervals to coordinate with the
landslide repair.
4. Staff considered alternative sewer alignments and pumping systems. Staff does not recommend
this approach due to timing and increased capital cost or lifecycle costs and work to install a small
pumping station, additional sewer mains, both force main and gravity, and acquisition of additional
easements.
FINANCIAL IMPACTS
The total estimated project cost is $650,000 which includes design, ESR price, contingency, construction
management, and consultant costs as detailed in Attachment 2.
This project is not included in Central San's Fiscal Year 2023-24 Budget. The contingency project will be
funded by the Capital I mprovement Budget Contingency account as there is adequate funding for the
project.
COMMUNITY OUTREACH
Central San staff did extensive coordination with EBMUD, the lead agency, and ESR, the lead contractor,
on the soil repair project. Throughout the course of design, staff addressed email and phone inquiries
regarding the project. To date, all questions and concerns received have been answered and addressed.
Upon approval by the Board, staff plans to reach out to provide reminders suggesting and recommending
that the private side sewers be inspected by the property owners prior to completing the work by ESR.
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COMMITTEE RECOMMENDATION
The Engineering and Operations Committee reviewed this matter at its meeting on June 12, 2023, and
Special Engineering and Operations Committee Meeting on June 20, 2023 and recommended
RECOMMENDED BOARD ACTION
Staff recommends the following:
1. Approve a $650,000 contingency project for the Tappan Terrace Sewer Replacement;
2. Find that the project is exempt from CEQA;
3. Authorize the General Manager to execute a negotiated construction contract in an amount of
$498,000 with Engineered Soil Repairs, Inc.; and
4. Transfer $650,000 from the Capital Improvement Budget Contingency account to fund the project.
Strategic Plan Tie -In
GOAL ONE: Customer and Community
Strategy 1— Deliver high -quality customer service, Strategy 3 - Build neighborhood and industry relations
GOAL TWO: Environmental Stewardship
Strategy 1 - Achieve compliance in all regulations
GOAL FIVE: Safety and Security
Strategy 2 - Protect Personnel and assets from threats and emergencies
ATTACHMENTS:
1. Project Location Map
2. Post-B id/P reconstruction Estimate
3. Presentation
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Page 5 of 11
Tappan Terrace Sewer Replacement
Map Date: 5/24/2023
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Note: 0 500 Map Displayed in North American Datum of 1983 Attachment
Central San data as of May, 2023. Feet California State Plane, Zone III RIPS O403, US Feet 1
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Page 6 of 11
ATTACHMENT 2
TAPPAN TERRACE SEWER REPLACEMENT
DISTRICT PROJECT TBD
POST-BID/PRECONSTRUCTION ESTIMATE
No.
Item Description
Amounts
% of
Construction
Cost
1.
CONSTRUCTION
a. Construction Contract
$498,000
b. 15% Contingency
$75,000
SUBTOTAL - CONSTRUCTION COST
$573,000
100%
2.
CONSTRUCTION MANAGEMENT
a. District Forces
- Construction Management (Engineering, Survey)
$18,000
b. Consultants
- Inspection
$35,000
- Material Testing/Geotech/Arborist/Others
$7,000
SUBTOTAL - CONSTRUCTION MANAGEMENT
$60,000
10%
3.
PREBID EXPENDITURES
a. Engineering (Design, Survey, Right -of -Way, Drafting)
$17,000
SUBTOTAL - PREBID EXPENDITURES
$17,000
3%
4.
TOTAL ESTIMATED PROJECT COST
$650,000
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Attachment 3
Page 7 of 11
June 12, 2023
Detail
Area
NEW CONTINGENCY
rtraga
PROJECT: TAPPAN
TERRACE SEWER
REPLACEMENT it ii
Engineering and Operations
Committee Meeting
Jason Fitch, P.E.
Associate Engineer
Sasha Mestetsky, P.E.
Senior Engineer
Project Background
w
In March of 2020, a landslide occurred in the
Tappan Terrace subdivision in Orinda that impacted
the private road and steep hillside.
On July 8, 2020, Central San was notified of the
slide.
The Collection System Operations (CSO)
investigated and determined that the 8-inch public
sewer main was damaged in multiple locations and
restored sewer service.
Legal matters ensued between several parties and
did not include Central San.
On April 23, 2022, a settlement agreement was
made between the East Bay Municipal Utility
District (EBMUD), homeowner association, multiple
property owners, and insurances, exchanging and
contributing funds totaling $3.27 million.
Engineered Soil Repairs, Inc. (ESR) was hired to
stabilize the roadway, perform street repairs and
s
slope or slide repair for up to $1.3 million.
N
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CSO Response
On July 22, 2020, CSO completely restored sewer
service with temporary measures and repairs.
Three properties were affected.
Temporary repairs were made above ground from
properties to downstream sewer structure.
Coordination
Central San, EBMUD, and ESR have been
coordinating new utilities with slide repair design.
ESR has placed temporary protection measures to
prevent additional movement of the soil as seen in
the photo to the right.
The permanent landslide repair will consist of:
Installation of two retaining walls
Rebuilding Tappan Terrace road
Installation of geogrid soil repair
Encroachments of retaining walls in sewer
easement was accepted by the Board.
EBMUD has a direct agreement with ESR to install
the water main while ESR is performing the
landslide repair.
The upper retaining wall and leveling of the
roadway was performed for homeowner access.
k
r4 � -
iC X a
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Sewer Replacement
Staff evaluated all feasible alternatives including
new alignments and pumping systems. The best
long-term solution was to continue using the
existing sewer easement.
Staff designed the new sewer and includes 300
feet of replacement at steep slopes (up to 60
degrees), new sewer structures, special backfill
requirements and other details.
Due to the complex nature of the topography and
slide repair or restoration work, staff recommends
it is in Central San's best interest to hire ESR to
install the sewer work.
ESR is a well known and general engineering
contractor in the Bay Area that specializes in
landslide repairs with experience installing gravity
and sewer pipelines.
Total Estimated Project Cost
No.
Rem Description
Amounts
aoar
Consvuction
Cost
1.
CONSTRUCTION
a. Construction Contract*
5490.000
in 15% Contingency
.ry75.000
SUBTOTAL- MNSTRUCTI ON CDST
5573,000
100%
2.
CONSTRUCTION MANAGEMENT
a. District Forces
- Constr lion Management Engineering, Survey)
$19.000
b- Consultants
- Inspection
$35,00C
- Matenal TestinWG.tecWArbanst OHU
57.000
SUBTOTAL- CONSTRUCTION MANAGEMENT
$60,000
10%
3.
PREBIDEXPENDITURES
a. Engineering (Design, Survey, Right -of -Way, Drafting)
1S TOOC
SUBTOTAL - PREBID FXPENDITURES
S17.DD0
3%
d.
TOTAL ESTIMATED PROJECT COST
$650.000
* Staff validated pricing by contacting other contractors.
7
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2023 Schedule
Mid July: Start of installation of utilities
Late July: Installation of lower retaining wall
August/September: Installation of geogrid and utilities
at 20' intervals
Early October: Project completion
Recommended Board Action
Staff recommends the following:
Approve a $650,000 contingency project
for the Tappan Terrace Sewer
Replacement;
Find that the project is exempt from
CEQA;
Authorize the General Manager to
execute a construction contract in the
amount of $498,000 with Engineered Soil
Repairs, Inc.; and
Transfer $650,000 from the Capital
Improvement Budget Contingency
account to fund the project.
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Questions?
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