WIXLIB

FLOOD CONTROL AGENDA ITEM NO: - - - -, September 8, 2009COUNTY OF ALAMEDAPUBLIC WORKS AGENCYDEVELOPMENTSERvrCESDEPARTMENT951 Turner Court, Room 100Hayward, CA 94545-2698(510) 670-6601FAX (510) 670-5269August 25, 2009The Honorable Board of SupervisorsCounty Administration Building1221 Oak Street, Suite 536Oakland, CA 94612-4305Dear Board Members:SUBJECT:APPROVE MODIFICATION NO. 1 TO CONTRACT NO. 2321WITH WOOD RODGERS, INC., (PRINCIPAL: DAN MATTHIES;LOCATION:OAKLAND, CA) TO PROVIDE ADDITIONALENGINEERING SERVICES RELATING TOTHE LEVEECERTIFICATION PROJECT IN FLOOD CONTROL ZONES 2, 3A,5AND6RECOMMENDATION:Approve and authorize the President of the Board to execute Modification No. 1 to Contract No.2321 with Wood Rodgers, Inc. (Principal: Dan Matthies; Location: Oakland, CA), to provideadditional engineering services for the Levee Certification Project in Flood Control Zones 2, 3A,5, and 6, increase contract amount from 2,475,088, to 3,660,627 (an increase of 1,185,539),and extend contract tennination date from December 31, 2010, to December 31, 2011.SUMMARY/DISCUSSION:In 2007, the Federal Emergency Management Agency (FEMA), as part of their Map ModernizationProgram, implemented a policy, to verify the certification status of those levees currently depicted oneffective Flood Insurance Rate Maps (FIRM) as providing protection from the base (1 % annualchance) flood. If certification documentation is not provided, the landward areas of the levees willbe. mapped as special flood hazard zones. FEMA offered Provisionally Accredited Levee (PAL)Agreements to local communities, providing the local communities two years to conduct andcomplete the certification process.The Alameda County Flood Control and Water Conservation District (District) signed PALAgreements in August 2007, and hired a specialty consultant, Wood Rodgers, Inc., to evaluate eachlevee and prepare appropriate levee certification documentation, in accordance with Title 44 of theCode of Federal Regulations (CFR), Section 65.10 (44CFR 65.10).TO SERVE AND PRESERVE OUR COMMUNITY

Honorable Board of SupervisorsAugust 25,2009Page 2Wood Rodgers has completed and submitted all the evaluations, analysis and documentation requiredby 44 CFR 65.10, along with a remedial action plan. The District has forwarded this information toFEMA before the PAL certification submittal deadline of August 7,2009. However, Wood Rodgersis ul)able to provide final levee certification letters until all levee deficiencies have been addressed.Deficiencies were identified along Zone 2 Line K, Zone 5 Line A, and Zone 6 Lines Band C. Nolevee deficiencies were found in Zone 3A and those discovered in the other zones are not consideredcritical in nature.Because Wood Rodgers is the Engineer of Record and will be signing the final levee certificationletters, their involvement in the design of the repairs through construction monitoring is necessary.The design of some of the repairs will require geotechnical and structural specialty, in addition toconstruction monitoring during construction. District staff will design the general civil works,prepare final plans, specifications and estimates, acquire environmental permits and advertise theprojects for bids.Although the PAL deadline was August 7, 2009, it will take at least eighteen months before FEMAwill be able to revise and publish the new effective Digital Flood Insurance Rate Maps. The Districtwith assistance from Wood Rodgers expects to have all repairs constructed in time to have the newmaps show the levees as certified.SELECTION CRITERIA AND PROCESS:A qualifications-based selection method as mandated by Government Code Sections 4525-4529.5 forselecting CIVIL ENGINEERING consultants was followed, during the selection process in August2007. During the first two years of the contract, Wood Rodgers has already achieved 22.3% SLEBparticipation (exceeded the minimum 20% SLEB requirement) utilizing the SLEB firm, CalEngineering and Geology, as a sub-consultant for the geotechnical exploration tasks. For theadditional work, Wood Rodgers will continue to use Cal Engineering and Geology to perform someof the geotechnical related tasks, in the estimated amount of 200,000, approximately 20% of theadditional work.FINANCING:There is no impact on the County General Fund. Funding for this additional work, in the amount of 1,185,539 is available and budgeted in Funds 21803, 21807, and 21808, Organizations 270311,270351, and 270361, Account 610261, Program 50600.c: Susan Muranishi, County AdministratorCrystal Hishida-Graff, Clerk of the BoardAudrey Beaman, Deputy County CounselPatrick 0' Connell, Auditor-ControllerDan Matthies, Wood Rodgers, Inc.DW/HA:mt

MODIFICATION NO. ITO AGREEMENT WITH WOOD RODGERS, INC.Modification No. 1 (the "Modification") is made as of September 8, 2009, by the Alameda CountyFlood Control and Water Conservation District, hereinafter referred to as the DISTRICT, and WoodRodgers, Inc., hereinafter referred to as "CONSULTANT", with respect to that Professional ServicesAgreement (the "Agreement") dated December 4,2007, (Contract No. 2321).RECITALS:DISTRICT and CONSULTANT desire to modify the Agreement to provide for an increase in totalcontract amount and a time extension. Therefore, DISTRICT and CONSULTANT agree as follows:1.2.3.The termination date of the Agreement shall be extended from December 31, 2010, toDecember 31, 20I 1.The total contract amount will be increased from 2,475,088 to Not-to-Exceed 3,660,627, an increase of 1,185,539.The CONSULTANT shall perform additional engineering services as shown in attachedExhibit lAoAll other unmodified terms and conditions of the Agreement shaH remain in full force and effect.IN WITNESS WHEREOF, the parties have executed this Modification on the dates shown belowtheir respective authorized signatures.ALAMEDA COUNTY FLOOD CONTROL& WATER CONSERVATION DISTRICTBy:CONSULTANT------------President, Board of SupervisorsCounty of Alameda, State of CaliforniaPrincipalTitleApproved as to form:Richard E. Winnie, County CounselBy: q 1Y c: . ,--'Deputy County580 2 nd Street, Suite 200Oakland, CA 94607AddressunselBy signing above, signatory warrants and representsthat he/she executed this Modification in his/herauthorized capacity and that by hislber signatureon this Modification, he/she or the entity upon behalfof which he/she acted, executed this Modification.

Exhibit lAAdditional Engineering Services - Stope of WorkAlameda County Levee Remediation ProjectsZones 2, 5 & 6Schedule It is assumed final PS&E for work in all 3 Zones to be constructed in summer2010 will need to be completed by early Jan 2010. All of the 2010 work will bebid and awarded by the end of May 2010 and be completed by Oct. 15,2010. Ifcutoff walls are needed to control seepage in the lower reaches of Zone 5 therequired PS&E for that will be prepared in 2010) bid in early 2011 andconstructed by Nov 201l. Separate PS&E packages/contracts will be prepared for each Zone. WR's scope of work, schedule and budget will be approved and WR will beauthorized to proceed not later then mid Sept 2009.Scope Zone 2 Wood Rodgers has prepared Preliminary Plans (17 dwgs) of remediationimprovements along Sulfur Creek. The District is working to obtain the neededsurveys for design plans by mid October 09 or sooner. Wood Rodgers will design the bypass channel) 3 new culverts under the UPRRand backfilling of the drainage ditch west of the pump station (seepagemitigation), and the necessary raising of the existing levee. WR will update thepreviously prepared Preliminary Plans to 90% and 100% completion.o The scour hole and channel mitigation at the pump station outfall is notaddressed by the plans.o The scour hole downstream of the UPRR is not addressed Kleinfelder will prepare a design memo in regards to boring and jacking pipeunder the UPRR. Kleinfelder may need to do 1 or 2 additional borings near theUPRR to detennine site conditions at boring under the RR. It is assumed WR will prepare a CLOMR and LOMR reflecting the proposedchannel modifications. The District will prepare the contract specifications, Bid Fonn) etc. The District will submit and process the plans of all work within the UPRR ROWand will acquire the necessary permits from the UPRR needed to install the 3 newculverts under the RR. It is assumed that a closure structure and/or modifications to the outlet transitionat the UPRR (to prevent flanking of the south levee) is not required and that thenew culverts will lower the HGL sufficiently that the 100-yr WSE will becontained within the existing channel downstream of the UPRR. The District willconduct surveys to verify this. WR will prepare a amendment to the Certification Report providing additionalwith information on the remediation improvements and will certify P30 & P339 The District will review and comment on the 90% Plans and WR will conduct anoverall review of the 100% PS&E.\

Scope Zone 5 Two contract packages will be prepared; one for work to be completed by January2010. A second contract will be prepared if cutoff walls are determined to beneeded to control seepage in the lower reaches of Zone 5 for construction in 2011. Kleinfelder will conduct additional borings and geotechnical investigations of theseepage problems identified in the draft Geotechnical Reporto It is assumed that these new investigation will indicate the recommendedmitigation measures identified in the draft geotechnical report arerequired for certification of the lower reaches (P4l8, P337 & P335)o The other geotechnical deficiencies in the draft report will not beaddressed as these did not involve recommended structural modifications. Anderson (ACE) will conduct additional investigations, analyses and preparepreliminary design sketches for recommended remediation measures needed toaddress identified deficiencies and to certify the Alameda Creek levees. Wood Rodgers will prepare PS&E of the remediation measures needed to certifyall of the levee deficiencies along Alameda and Dry Creeks. These include:freeboard, flap gates, geotechnical & embankment protection. The costs include designing improvements for both the north and south levees,but construction phase costs for only the north levee. The District will prepare the contract specs (Wood Rodgers to provide technicalspecification for the cutoff walls). WR will prepare a amendment to the Certification Report providing FEMAadditional with information on the remediation improvements and will certify theAlameda and Dry Creek levees upon completion ofthe remediation program Kleinfelder and ACE will also prepare amendments to their respective reports andwill certify the Alameda Creek levees in regards to their respective areas. Mitigation Alternatives for seepage and/or freeboard problems west of the UPRRwill not be evaluated further (cutoff, walls, seepage berms, sediment removal,levee breaching, etc)Scope Zone 6 Anderson (ACE) will prepare preliminary design sketches for recommendedremediation measures needed to certify the Torges Creek levees (Lines B and C) The District will prepare PS&E of the remediation measures needed to certify alllevee P369. Only 1oodwall deficie cies & embankment protection deficiencieswill be addressed. Freeboard deficiencies have been previously addressed. WR and ACE will review and comment on the 90% plans and conduct an overallpeer review of the 100% PS&E. WR will prepare a amendment to the Certification Report providing FEMA withadditional information on the remediation improvements and will certify thelevees upon completion of the remediation program. ACE will prepare an amendment to their reports and will certify levee P369(Torges Creek). No deficiencies have been identified along levee P45l (the King & LyonsBusiness Park levee).