HomeMy WebLinkAbout08. Approve a $600,000 contingency project for the Lake Cascade Sewer relocation in Orinda and adopt Resolution No.2024-004Item 8.
BOARD OF DI RECTORS
POSIT ION PA PER
M E E T ING D AT E:F E B R UA RY 22, 2024
S UB J E C T: A P P R O V E A $600,000 C O NT I NG E NC Y P R O J E C T F O R T HE L A K E
C A S C A D E S E W E R R E L O C AT I O N I N O R I ND A ; A D O P T R E S O L UT I O N NO.
2024-004 MA K I NG F I ND I NG S A ND A UT HO R I Z I NG T HE G E NE R A L
MA NA G E R UND E R P UB L I C C O NT R A C T C O D E S E C T I O NS 20806 A ND
22050 (B ) TO E X E C UT E A C O NS T R UC T I O N C O NT R A C T C HA NG E O R D E R
I N T HE A MO UNT NO T TO E X C E E D $312,000 W I T H P R E C I S I O N
E NG I NE E R I NG, I NC.; A ND F I ND T HAT T HE P R O J E C T I S E X E MP T F R O M
T HE C A L I F O R NI A E NV I R O NME NTA L Q UA L I T Y A C T (C E Q A)
S UB M I T T E D B Y:
J A S O N F I T C H, A S S O C I AT E E NG I NE E R
S A S HA ME S T E T S K Y, S E NI O R E NG I NE E R
I NI T I AT I NG D E PART M E NT:
E NG I NE E R I NG A ND T E C HNI C A L S E RV I C E S-
C A P I TA L P R O J E C T S
RE V IE WE D B Y:E D G A R J . L O P E Z , C A P I TA L P R O J E C T S D I V I S I O N MA NA G E R
G R E G NO R B Y, D E P UT Y G E NE R A L MA NA G E R - O P E R AT I O NS
Roger S. Bailey
General Manager
L eah C astella
District Counsel
IS S UE
Authorization from the B oard of D irectors (B oard) is required to include a contingency project in the C apital
I mprovement Program or execute a construction contract change order for an amount greater than
$200,000. Board authorization is also required under Public C ontract Code Sections 20806 and 22050,
Emergency Contracting P rocedures to replace public facilities without giving public notice of bids.
B AC K G RO UND
C entral San owns and maintains a sewer located in private easements at the Orinda C ountry Club (C lub)
and adjacent to L ake C ascade in Orinda. T his sewer, originally installed in the early 1950s, is an 8-inch
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cement-lined steel pipe with mortar coatings, aerial, and built on the side of the L ake’s dam. T he sewer is
routinely inspected since it's an aerial crossing with a high consequence of f ailure as any leak would
immediately enter the privately owned L ake.
T he Club has a project to renovate their tennis courts, which staf f reviewed and identified an easement
encroachment, resulting in a R eal P roperty Agreement authorized by the Board on J uly 7, 2022.
As a part of the C lub’s project, a grandstand is to be installed over the existing C entral San sewer. Capital
Projects has identified the sewer for replacement or rehabilitation within the next three to f ive years.
T heref ore, staff contacted the C lub to discuss C entral San's plans to renovate the public sewer and review
the Club’s improvements to find benef icial solutions.
C apital Projects has spent the last several months determining the best alternative would be to relocate a
portion of the existing sewer that conf licts with the proposed grandstand and install a new sewer at a
dif f erent location on the property. T he sewer relocation would allow for the abandonment of the aerial
sewer crossing at L ake C ascade. Overall, the scope of work required would consist of installing 560 f eet
of 8-inch sewers by open cut and directional drilling, and abandoning approximately 600 f eet of existing
sewers and related structures as shown in A ttachment 1. T he abandonment of the sewer on L ake
C ascade will be done separately as the work requires regulatory permits by the Division of S af ety of
D ams. S taff is in the process of obtaining the required permit, however, plans on proceeding with the
relocation of the new sewer as to not impact the C lub’s project and timeline.
Prior to relocation, Central S an and the Club would need to agree with the easement exchanges and
finalize the coordination ef f orts. To date, the C lub has been very cooperative and willing to enter into an
agreement. T hey have requested that the work be completed soon, around A pril of this year, to minimize
the construction work impacts to their members and to avoid conf licts with construction at the tennis
courts.
Staf f has been working quickly to design and receive pricing f or the relocation work. D ue to the short
timelines required, staf f recommends perf orming the work under a construction contract change order with
a qualified general contractor hired to do the same type of scope within C entral San. F ormal proposals
were sent to three general contractors. T he engineer's estimate f or the sewer relocation is $350,000; two
bids were received. T he lowest cost was $312,000 from Precision E ngineering, I nc., the contractor
working on the D owntown Walnut C reek S ewer Renovations – L ocust, D istrict Project (D P ) 100049. T he
second bid was approximately $379,000.
C E Q A
Staf f has concluded that this project is exempt f rom C E Q A under Central S an C E Q A Guidelines S ection
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 f or non-
growth inducing, wet weather purposes. T he project also is exempt under C entral San C E Q A 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 ef f ect on the environment. T his certainty is based on C entral San's
experience with numerous sewer construction projects of this nature, the relatively short distance involved,
and C entral San's impact-limiting construction specif ications. T hese specif ications 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 B oard's independent finding that this project is exempt from C E Q A .
ALT E RNAT I V E S /C O NS I D E RAT IO NS
T he B oard could consider the following alternatives or provide other direction:
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Alternative 1 – D o not approve a contingency project or construction contract change order to perf orm the
work under staff's proposed timeline. T his alternative would delay the construction improvements and allow
staf f to provide notice of public bids f or the work under a separate project, which is not recommended for
several reasons, including negative impacts to the public and Club, or additional costs to either party.
I f this alternative is selected, the earliest time the work could be theoretically completed would be in late
summer or fall of this year without any bidding or contract delays or coordination constraints.
Alternative 2 – C onsider working with the C lub to include the sewer work under their project, which would
be paid for by Central S an and allow f or better coordination and work efficiencies. T his alternative was
considered by staff, however, not pursued due to the construction method selected (directional drilling) and
expertise needed f or the work. T he new alignment is within the parking lot areas and through two hillsides,
open trenching would be difficult, costly, and not recommended with depth required for the new sewer.
Staf f has been overseeing directional drilling contractors and projects for many years, and has the
expertise required to manage the construction activities. Making this request or condition of the C lub’s
project is not practicable.
T heref ore, staff recommends a contingency project for the sewer relocation work and authorizing a
construction contract change order since the pricing is very competitive and below C entral San's estimate
for the work.
F I NANC IAL I M PAC T S
T he total estimated cost for this contingency project is $600,000 which includes design, contractor costs,
permits, construction management, and contingency as shown in Attachment 2. T he project will be f unded
by the C ollection System Sewer R enovation – P hase 2, D P 100039, which is shown on page 231 of the
F iscal Year 2023-24 Budget and has adequate budget available. A transfer of $600,000 will be completed
after the contingency project is authorized by the Board.
C O M M UNI T Y O UT RE AC H
C entral San staff has been and continues to coordinate the sewer improvements with the Club and others.
C O M M I T T E E RE C O M M E ND AT IO N
T he E ngineering and Operations Committee reviewed this matter at its F ebruary 7, 2024 meeting and
recommended B oard approval.
RE C O M M E ND E D B O ARD AC T I O N
Staf f recommends the following:
1. Approve a contingency project in the amount of $600,000 for the L ake C ascade Sewer R elocation
Project in Orinda; and
2. Adopt proposed R esolution No. 2024-004 making findings and authorizing the General Manager
under P ublic Contract C ode S ections 20806 and 22050(b) to execute a construction contract
change order with Precision E ngineering, I nc. in the amount not to exceed $312,000; and
3. Authorize a transf er of $600,000 from the Collection S ystem S ewer Renovation – Phase 2, D P
100039 to fund the project; and
4. F ind that the project is exempt from C E Q A .
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Strategic Plan Tie-I n
G O A L O N E: Customer and C ommunity
Strategy 1 – Deliver high-quality customer service, Strategy 3 - Build neighborhood and industry relations
G O A L TW O: Environmental Stewardship
Strategy 1 - Achieve compliance in all regulations
G O A L FI VE: Safety and Security
Strategy 2 - Protect personnel and assets from threats and emergencies
G O A L S I X: I nfrastructure Reliability
Strategy 1 - Manage assets optimally
AT TAC HM E NT S :
D escription
1. P roject L ocation Map
2. P ost-B id/P reconstruction E stimate
3. Resolution 2024-004
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69E3-M8
69E3-M53
69E3-M54
69E3-M55
69E3-M59
69E3-M65
69E3-M75
69E3-M95
69E3-M97
69E3-M98
69E3-M110
69E3-M64
69E3-M115
69E3-SV92
69E3-SV92
69E3-M59
Detail Area
680
• •
• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •• •
24
Moraga
Lafayette
Walnut Creek
Pleasant Hill
Martinez
Orinda
Manhole
System Valve
Sewer Main
Tax Parcel
Construction Method
Construct New Sewer Main
Remove/Abandon Existing Sewer Main
Lake Cascade Sewer Relocation in Orinda
Map Date: 1/19/2024
0 100
Feet• •
Note:
Central San data as of January, 2024.
Attachment
1Map Displayed in North American Datum of 1983
California State Plane, Zone III FIPS 0403, US Feet
DETAIL
Lake
Cascade
Orinda
Country
Club
0 1
Miles
0 5
Feet
Orinda
Country
Club
Pool
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No.
Item Description
% of
Construction
Cost
1. CONSTRUCTION
a. Construction Contract Change Order $312,000
b. 20% Contingency $62,000
c. Future Abandonment $100,000
d. Permits $30,000
SUBTOTAL - CONSTRUCTION COST $504,000 100%
2. CONSTRUCTION MANAGEMENT
a. District Forces
- Construction Management (Engineering, Survey)$20,000
- Public Relations/Right-of-Way $4,000
- Operations (CSO) $2,000
b. Consultants
- Inspection $24,000
- Material Testing/Geotech/Arborist/Others $8,000
SUBTOTAL - CONSTRUCTION MANAGEMENT $58,000 12%
3. PREBID EXPENDITURES
a. Engineering (Design, Survey, Right-of-Way, Drafting)$38,000
SUBTOTAL - PREBID EXPENDITURES $38,000 8%
4. TOTAL ESTIMATED PROJECT COST $600,000
LAKE CASCADE SEWER RELOCATION
DISTRICT PROJECT (TBD)
POST-BID/PRECONSTRUCTION ESTIMATE
ATTACHMENT 2
Amounts
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ATTACHMENT 3
RESOLUTION NO. 2024-004
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
CONFIRMING AND DECLARING PUBLIC CONTRACTING EMERGENCY AND
NEED FOR EMERGENCY EXPENDITURE OF FUNDS TO REPAIR / REPLACE LAKE
CASCADE SEWER SYSTEM AT THE ORINDA COUNTRY CLUB
WHEREAS, a capital improvements project, Lake Cascade Sewer Relocation, Project,
was identified in the Collection System Sewer Renovation, Phase 2, District Project
100039 and included in the Fiscal Year (FY) 2023-24 budget for design and
construction to occur during the FY 2023-24 period;
WHEREAS, by June of 2023, the District was notified of upcoming construction
activities at the Orinda Country Club (Club) encroaching on an existing sewer
easement;
WHEREAS, the District's Board of Directors (Board) authorized a Real Property
Agreement on July 7, 2023 for the encroachment;
WHEREAS, the District determined that relocation of the sewer is feasible and designed
new sewers totaling 560 feet and resulting in abandoning the existing sewers and
structures;
WHEREAS, the sewer relocation will require easement exchanges prior to the work with
the Club and the site is already under construction and the sewer work is expected in
April of this year;
WHEREAS, given the deficiencies in the sewer within Lake Cascade and the potential for
an inoperable sewer system as the assets near the end of their useful life, and the
resultant potential to affect the health and safety of the community and the possible impact
to District facilities, the Board of Directors has determined that an emergency exists and
the necessary steps must be taken to meet the emergency and commence the repair
process while other Club construction activities are already underway;
WHEREAS, compliance with competitive bidding procedures typically takes a number of
months and would not allow prompt action to be taken, as required to safeguard the public
and District facilities;
WHEREAS, this situation has arisen suddenly and unexpectedly, and involves a clear
and imminent threat, demanding immediate action to prevent or mitigate loss of, or
damage to, life, health, property, and essential public services; and
WHEREAS, section 20806 of the Public Contract Code provides that if there is an
emergency, the district board may pass a resolution by a four-fifths vote of its members
declaring that the public interest and necessity demand the immediate expenditure of
district funds to safeguard life, health, or property and that upon adoption of such a
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Central Contra Costa Sanitary District
Resolution No. 2024-004
Page 2 of 3
resolution, it may expend any sum required in the emergency without complying with the
requirements of Public Contract Code Article 52; and
WHEREAS, section 22050 of the California Public Contract Code provides that in cases
of emergency and pursuant to a four-fifths vote, the Board of Directors may repair or
replace a public facility, take any directly related and immediate action required by that
emergency, and procure the necessary equipment, services, and supplies for those
purposes, without giving notice for bids to let contracts; and
WHEREAS, Public Contract Code section 22050 further provides that in cases of
emergency and pursuant to a four-fifths vote, the Board of Directors may also delegate
the authority to procure the necessary equipment, services, and supplies to a specified
and appropriate District manager;
WHEREAS, the California Environmental Quality Act establishes a statutory exemption
for emergency repairs to public service facilities necessary to maintain service, and other
specific actions necessary to prevent or mitigate an emergency; and
WHEREAS, bids were requested from three sewer contractors and two bids were
received, with the lowest bid being competitive and below the Engineer's estimate.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra
Costa Sanitary District (Board) as follows:
THAT the Board finds, pursuant to Public Contract Code sections 20806 and 22050(a),
that based on substantial evidence presented before the Board, the emergency will not
permit a delay resulting from competitive solicitation for bids for the repair of the District’s
Lake Cascade Sewer System, and that this action is necessary to respond to the
emergency;
THAT the Board authorizes staff to proceed with the repair or replacement of the Lake
Cascade Sewer System and procurement of the necessary equipment, services and
supplies for that purpose without giving notice for bids to let contracts;
THAT the General Manager is authorized to execute a construction contract change
order with Precision Engineering, Inc. to be funded out of the Collection System Sewer
Renovation, Phase 2;
THAT District staff will proceed to obtain all necessary regulatory authorizations for the
repair on an expedited basis using all available emergency procedures;
THAT District staff will request all governmental entities with authority over this repair to
expedite their consideration of the matter and to use available emergency procedures to
ensure that this repair is completed in a timely manner so as to avoid the harms that
would result from a catastrophic failure of the system; and
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Central Contra Costa Sanitary District
Resolution No. 2024-004
Page 3 of 3
THAT the Board will review the status of the emergency at each subsequent meeting of
the Board of Directors and vote to authorize continuation of this Resolution until the
emergency action is completed.
PASSED AND ADOPTED this 22nd day of February 2024, by the Board of Directors of
the Central Contra Costa Sanitary District by the following vote (4/5 vote required for
passage):
AYES: Members:
NOES: Members:
ABSENT: Members:
ABSTAIN: Members:
Michael R. McGill
President Pro Tem of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Katie Young, CPMC, CMC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
J. Leah Castella, Esq.
Counsel for the District
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