9
FLOOD CONTROL AGENDA ITEM NO: __ October 19,2010 COUNTY OF ALAMEDA PUBLIC WORKS AGENCY 399 Elmhurst Street • H<lyward, CA 94544-1395 (5111) 67U-5 :lHO October 5, 2010 The Honorable Board of Supervisors County Administration Building 1221 Oak Street, Suite 536 Oakland, CA 94612-4305 Dear Board Members: SUBJECT: APPROVE MODIFICATION NO. 2 TO CONTRACT NO. 2321 WITH WOOD RODGERS, INC., (PRlNCIPAL: DAN MATTHIES; LOCATION: OAKLAND, CA) TO PROVIDE ADDITIONAL ENGINEERING SERVICES RELATING TO THE LEVEE CERTIFICATION PROJECT IN FLOOD CONTROL ZONES 2, 3A, SAND6 RECOMMENDATION: Approve and execute Modification No. 2 to Contract No. 2321 with Wood Rodgers, Inc. (Principal: Dan Matthies; Location: Oakland, CA), to provide additional engineering services for the Levee Certification Project in Flood Control Zones 2, 3A, 5, and 6, increase contract amount from $3,660,627 to $3,943,323 (an increase of $282,696) and no changes to the contract period. SUMMARYIDISCUSSION: In August 2007, the Alameda County Flood Control and Water Conservation District (District) signed FEMA Provisional Accredited Levee (PAL) Agreements for certification of levees in Zones 2 and 3A (City of Hayward), Zones 5 and 6 (Cities of Union City and Fremont), and hired a specialty consultant, Wood Rodgers, Inc., to evaluate each levee and prepare appropriate levee certification documentation, in accordance with Title 44 of the Code of Federal Regulations (CFR), Section 65.10 (44CFR 65.10). This was the major scope oftne initial contract. Wood Rodgers completed and submitted to FEMA in July 2009, all the evaluations, analysis and documentation required by 44 CFR 65. 10, along with a remedia I action plan. Modi fication No. 1 was executed based on the findings of the initial contract work that four reaches of existing levees need to be repaired before final levee certification letters can be approved by FEMA. During the design phase for these four levee repair projects, additional geotechnical work was rerfonned to help minimize the extent of repair required. The final design was recently completed and the extent of geotechnical monitoring and documentation necessary during construction has been detennined. The required level of monitoring and documentation effort is greater than originally estimated. Because Wood Rodgers is the Engineer of Record and will be signing the final levee certification letters upon completion of the levee repair work, their continual involvement in the construction monitoring and documentation (Modification No.2) is necessary.

COUNTY OF ALAMEDA PUBLIC WORKS AGENCY€¦ · During the initiaL term and Modification No. 1 of the contract, Elation System indicates that SLEB subcontractor Cal Engineering and

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Page 1: COUNTY OF ALAMEDA PUBLIC WORKS AGENCY€¦ · During the initiaL term and Modification No. 1 of the contract, Elation System indicates that SLEB subcontractor Cal Engineering and

FLOOD CONTROL AGENDA ITEM NO: __ October 19,2010

COUNTY OF ALAMEDA

PUBLIC WORKS AGENCY 399 Elmhurst Street • H<lyward, CA 94544-1395

(5111) 67U-5 :lHO October 5, 2010

The Honorable Board of Supervisors County Administration Building 1221 Oak Street, Suite 536 Oakland, CA 94612-4305

Dear Board Members:

SUBJECT: APPROVE MODIFICATION NO. 2 TO CONTRACT NO. 2321 WITH WOOD RODGERS, INC., (PRlNCIPAL: DAN MATTHIES; LOCATION: OAKLAND, CA) TO PROVIDE ADDITIONAL ENGINEERING SERVICES RELATING TO THE LEVEE CERTIFICATION PROJECT IN FLOOD CONTROL ZONES 2, 3A, SAND6

RECOMMENDATION:

Approve and execute Modification No. 2 to Contract No. 2321 with Wood Rodgers, Inc. (Principal: Dan Matthies; Location: Oakland, CA), to provide additional engineering services for the Levee Certification Project in Flood Control Zones 2, 3A, 5, and 6, increase contract amount from $3,660,627 to $3,943,323 (an increase of $282,696) and no changes to the contract period.

SUMMARYIDISCUSSION:

In August 2007, the Alameda County Flood Control and Water Conservation District (District) signed FEMA Provisional Accredited Levee (PAL) Agreements for certification of levees in Zones 2 and 3A (City of Hayward), Zones 5 and 6 (Cities of Union City and Fremont), and hired a specialty consultant, Wood Rodgers, Inc., to evaluate each levee and prepare appropriate levee certification documentation, in accordance with Title 44 of the Code of Federal Regulations (CFR), Section 65.10 (44CFR 65.10). This was the major scope oftne initial contract.

Wood Rodgers completed and submitted to FEMA in July 2009, all the evaluations, analysis and documentation required by 44 CFR 65. 10, along with a remedia I action plan. Modi fication No. 1 was executed based on the findings of the initial contract work that four reaches of existing levees need to be repaired before final levee certification letters can be approved by FEMA. During the design phase for these four levee repair projects, additional geotechnical work was rerfonned to help minimize the extent of repair required. The final design was recently completed and the extent of geotechnical monitoring and documentation necessary during construction has been detennined. The required level of monitoring and documentation effort is greater than originally estimated. Because Wood Rodgers is the Engineer of Record and will be signing the final levee certification letters upon completion of the levee repair work, their continual involvement in the construction monitoring and documentation (Modification No.2) is necessary.

Page 2: COUNTY OF ALAMEDA PUBLIC WORKS AGENCY€¦ · During the initiaL term and Modification No. 1 of the contract, Elation System indicates that SLEB subcontractor Cal Engineering and

Honorable Board of Supervisors Page 2 October 5, 20 Ia

There are a total of four levee repair projects that need to be constructed before final levee certification letters can be submitted to FEMA for approval. One of the four projects is currently under construction. The other three projects are scheduled for construction in early summer 201 L pending receipt of environmental permits.

The existing contract is summarized below:

Contract # Amount Effective Date Expiration Date Initial Contract C-2321 $2,475.088 December 4,2007 December 3 1, 20 J0 Mod. No. I C-2321 $1,185,539 September 8, 2009 December 3 I, 20 II Mod. NO.2 C-2321 $282.696 Pending December 3 1, 20 II

SELECTION CRITERIA AND PROCESS:

A qualifications-hased selection method as mandated by Government Code Sections 4525-4529.5 for selecting CiVIL ENGINEERING consultants was followed, during the selection process in August 2007. Only two firms submitted proposals by the deadline of September 14, 2007. Therefore, an addendum wa~ issued extending the deadline to October 5, 2007. A totaL of three firms responded (including the two original firms) and all three were invited to an oral interview. A three-member selection commillee rated both the proposals and interviews based on formal writlen criteria. The selection committee ranked Wood Rodgers number one.

Vendor Local/on Local SLEB Avera1{e Evoluolion Po;nlli (3/5 max.) Wood Rod1{ers Oakland, CIl Yes No 291 Wmzler & Kelly Pleasollloll, CA Yes No 277 Treadwell & Rollo Oakland. CA Yes No 230

During the initiaL term and Modification No. 1 of the contract, Elation System indicates that SLEB subcontractor Cal Engineering and Geology (CEG) , a certified small local Oakland based firm (SLEB #02-90003, 4/J/2009 - 3/3 1I20J J), has confirmed payments received from Wood Rodgers at aboul 18.6%. For the additional work to be performed under Modification No.2, Wood Rodgers will continue to use CEG to pel/orm portion ofthe geotechnical monitoring and documentation tasks, for a minimum 20% ofthe amended totaL contract amount as shown on Attachment 1.

FINANCING:

There is no impact on the County General Fund. Funding for this additional work, in the amount of $282,696 is included in the FY20 10/11 budget, in Fund 2 J807, Organization 270351 (Zone No.5), Account 61026 J, Program 50600 (professional and Specialized Services). Existing contract funds already encumbered in Zones 2, 3A and 6 are sufficient to cover the required monitoring and documentation for the levees in those Zones.

Yours truly,

d~t, Ph.D.,P.E Director of Public Works

c: Susan Muranishi, County Administrator Crystal Hishida-Graff, Clerk of the Board Andrew Massey, Deputy County Counsel Patrick 0' Connell, Auditor-Controller Dan Matthies, Wood Rodgers, Inc.

DWIMT:ml

Page 3: COUNTY OF ALAMEDA PUBLIC WORKS AGENCY€¦ · During the initiaL term and Modification No. 1 of the contract, Elation System indicates that SLEB subcontractor Cal Engineering and

Honorable Board of Supervisors Page 3 October 5, 2010

ATTACHMENT 1

FEMA Levee Certification in Flood Control Zones 2, 3A, 5 and 6

December 4, 2007 through December 31, 20 II

Consultant Location

Estimated Dollar Value of Contract

SLES Part icipa'iO/1

Percentage Dollar

AmounI

Wood Rodgers, Inc. Oakland, CA $3,943,323 20% (min) $788,665

Certified SLElJ Partner:

Cal Engineering & Geology, Inc. (Small) 119 Filbert Street

Oakland, CA 94607 Certification #02-90003,' Expiration Dale:0313112011

Page 4: COUNTY OF ALAMEDA PUBLIC WORKS AGENCY€¦ · During the initiaL term and Modification No. 1 of the contract, Elation System indicates that SLEB subcontractor Cal Engineering and

MODlFICATION NO.2 TO AGREEMENT WITH WOOD RODGERS, INC.

Modi fication No. 2 (the "Modification") is made as of October 19, 2010, by the Alameda County Flood Control and Water Conservation District, hereinafter referred to as the DISTRICT, and Wood Rodgers, Inc" hereinafter referred to as "CONSULTANT", with respect to that Professional Services Agreement (the "Agreement") dated December 4,2007, (Contract No, 2321),

RECITALS:

DISTRICT and CONSULTANT desire to modify the Agreement to provide for an increase in total contract amount. Therefore, DISTRICT and CONSULTANT agree as follows:

I. The total contract amount will be increased from $3,660,627 to Not-to-Exceed $3,943,323, an increase of$282,696.

2. The CONSULTANT shall perfonn additional engineering services as shown in attached Exhibit lAo

3. The tennination date of the Agreement shall remain unchanged, on December 31,2011.

All other unmodified tenns and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Modification on the dates shown below their respective authorized signatures.

ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION DiSTRICT CONSULTANT

By: _ President, Board of Supervisors County of Alameda, State of California

Principal Tille

Approved as to fonn: 580 2nd Street, Suite 200 Oakland, CA 94607

Address

By: ---J'-=-----/-...!!::...---==--------­

Richard E. Winnie, County Counsel

By signing above, signatory warrants and represents that he/she executed this Modification in hislher authorized capacity and that by ltis/her signature on this ModificatiolJ, be/she or the entity upon behalf of which he/she acted, executed this Modification.

Page 5: COUNTY OF ALAMEDA PUBLIC WORKS AGENCY€¦ · During the initiaL term and Modification No. 1 of the contract, Elation System indicates that SLEB subcontractor Cal Engineering and

Exhibit lA

Additional Engineering Services - Scope of Work

Alameda County Levee Remediation Projects in Flood Control Zone 5

There are four repair projects identified upon completion of the levee evaluation as per FEMA's 44CFR65.10 requirements. All four projects are located along portions of Alameda Creek north

and south levees.

As the Engineer of Record, CONSULTANT will be responsible in stating (via a stamped final

levee certification letter to FEMA) that the projects were constructed in accordance with

CONSULTANT's design recommendations. Therefore, it is imperative that CONSULTANT

staff have the opportunity to observe the actual condition encountered during construction and,

as necessary, test the installation/construction activities.

Additional engineering services include:

1. Construction monitoring and documentation

CONSULTANT shall conduct construction monitoring in coordination with District Project

Manager and shall prepare documentation necessary for levee certification purposes. If a construction change order is necessary due to differing subsurface conditions,

CONSULTANT shall make recorrunendations to address the change that will meet levee

certification requirements. District Project Manager will (eview CONSULTANT's recommendation, propose revisions as appropriate and determine the final solution in

coordination with CONSULTANT. CONSULTANT in coordination with District Project

Manger will also address and respond to Contractor's Request for Information during

construction.

2. Finalize the Levee Certification Reports reflecting the identified deficiencies and document actions taken in order to submit the final levee certification letters to FEMA.

Page 6: COUNTY OF ALAMEDA PUBLIC WORKS AGENCY€¦ · During the initiaL term and Modification No. 1 of the contract, Elation System indicates that SLEB subcontractor Cal Engineering and

Levee CertifiCllTion Projrel - Modification No.2

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Page 7: COUNTY OF ALAMEDA PUBLIC WORKS AGENCY€¦ · During the initiaL term and Modification No. 1 of the contract, Elation System indicates that SLEB subcontractor Cal Engineering and

MODIFICATION NO.2 TO AGREEMENT WITH WOOD RODGERS, INC.

Modification No. 2 (the "Modification") is made as of October 19, 2010, by the Alameda County Flood Control and Water Conservation District, hereinafter referred to as the DISTRICT, and Wood Rodgers, Inc., hereinafter referred to as "CONSULTANT", with respect to that Professional Services Agreement (the "Agreement") dated December 4,2007, (Contract No. 2321).

RECITALS:

DISTRICT and CONSULTANT desire to modify the Agreement to provide for an increase in total contract amount. Therefore, DISTRICT and CONSULTANT agree as follows:

1. The total contract amount will be increased from $3,660,627 to Not-to-Exceed $3,943,323, an increase of $282,696.

2. The CONSULTANT shall perform additional engineering services as shown in attached Exhibit lA.

3. The termination date of the Agreement shall remain unchanged, on December 31, 20 It.

All other unmodified tenns and conditions of the Agreement shall remain in full force and effect.

TN WITNESS WHEREOF, the parties have executed this Modification on the dates shown below their respective authorized signatures.

ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT CONSULTANT

By: _

President, Board of Supervisors County of Alameda, State of Cali fomi a

Principal Title

Approved as to form: 580 2nd Street, Suite 200 Richard E. 'e, County Coun e1 Oakland, CA 94607

Address

By: _ .............'"""'----=---{-------- ­

By: l='c--..::...----'<C-.........,..--=------""""7"''--- ­

By signing above, signatory warrants and represents that he/she executed tbis Moditlcation in hislher authorized capacity and that by his/her signature on this Modification, he/she or the entity upon behalf ofwhicb helshe acted, executed this Modification.

Page 8: COUNTY OF ALAMEDA PUBLIC WORKS AGENCY€¦ · During the initiaL term and Modification No. 1 of the contract, Elation System indicates that SLEB subcontractor Cal Engineering and

Exhibit LA

Additional Engineering Services ~ Scope of Work

Alameda County Levee Remediation Projects in Flood Control Zone 5

There are four repair projects identified upon completion of the levee evaluation as per FEMA's

44CFR6S.10 requirements. All four projects are located along portions of Alameda Creek north

and south levees.

As the Engineer of Record, CONSULTANT will be responsible in stating (via a stamped final

levee certification letter to FEMA) that the projects were constructed in accordance with

CONSULTANT's design recommendations. Therefore, it is imperative that CONSULTANT

staff have the opportunity to observe the actual condition encoWltered during construction and,

as necessary, test the installation/construction activities.

Additional engineering services include:

1. Construction monitoring and documentation

CONSULTANT shall conduct construction monitoring in coordination with District Project

Manager and shall prepare documentation necessary for levee certiflcation purposes. If a

construction change order is necessary due to differing subsurface conditions,

CONSULTANT shall make recommendations to address the change that will meet Levee

certification requirements. District Project Manager will review CONSULTANT's

reconunendation, propose revisions as appropriate and detelJTline the final solution in

coordination with CONSULTANT. CONSULTANT in coordination with District Project

Manger will also address and respond to Contractor's Request for lnfonnation during

construction.

2. Finalize the Levee Certification Reports reflecting the identified deficiencies and document

actions taken in order to submit the final levee certification letters to FEMA.

Page 9: COUNTY OF ALAMEDA PUBLIC WORKS AGENCY€¦ · During the initiaL term and Modification No. 1 of the contract, Elation System indicates that SLEB subcontractor Cal Engineering and

Lev"" Ccnilication Project ­ Modification No. l

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