Consent-Community Services # 7.
Board of Supervisors
Natural Resources
- Meeting Date:
- 01/10/2023
- Brief Title
- Knights Landing Mid-Valley Sites 9 & 10 Levee Improvements Project
From:
Leslie Lindbo, Interim Director, Department of Community Services
Staff Contact:
Elisa Sabatini, Manager of Natural Resources, Department of Community Services, x5773
Supervisorial District Impact:
District 5
Subject
Approve Emergency Contract Change Order, in the amount of $726,000, to Agreement No. 22-19 with Odin Construction Solutions, LLC for the Knights Landing Mid-Valley Sites 9 & 10 Levee Improvements Project. (Lindbo/Sabatini) (Potential general fund impact)
Recommended Action
- Approve Emergency Contract Change Order, in the amount of $726,000, to Agreement No. 22-19 with Odin Construction Solutions, LLC for the Knights Landing Mid-Valley Sites 9 & 10 Levee Improvements Project.
- Authorize the Interim Director of Community Services, or designee, to execute the Emergency Contract Change Order.
Strategic Plan Goal(s)
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Safe Communities |
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Flourishing Agriculture |
Reason for Recommended Action/Background
Background
On September 29, 2022, the County entered into Agreement No. 22-19 with Odin Construction Solutions, LLC to construct the Knights Landing Mid-Valley Sites 9 & 10 Levee Improvements Project. This project involved the installation of two sections of shallow slurry cutoff walls between Levee Miles 2.75 and 3.25. To install the walls, the levee was excavated (i.e., degraded) to remove the top one-third of embanked to prevent hydraulic fracturing of the levee during installation. Work began in the Fall 2022 with levee excavation occurring from October 8 through 18, and wall installation occurring between October 19, and November 5. The wall then required adequate time to settle prior to levee backfill and restoration which began December 15. Under dry weather conditions the embankment was scheduled to be completed in 11 working days. However, work had to be stopped after only a few working days due to weather conditions and saturated levee embankment materials.
Per the funding agreement with DWR and expiration of the funds, all work must be completed by March 31, 2023, and fully closed out by June 30, 2023, which required construction to be completed in late 2022 or risk loss of State funding for these critical repairs. A request has been made to extend the funding agreement expiration date, as well as reallocate budget between tasks, but DWR cannot guarantee the extension and encouraged work to be completed per the agreement deadlines.
Issue
Current levee elevations in the degraded sections are between 41 and 42 feet with design top of levee between 44 and 45 feet. The highest stage recorded is on January 2, 1997, at 41 feet. The 1% annual chance water surface elevation is 42.55 feet. Although near-term forecasts show the Sacramento River elevating below these levels, the weather forecast remains active and wet for the next 15 days. The levee restoration work requires levee embankment material that meets current State and Federal standards which requires import from offsite sources, all of which have become saturated and inaccessible. Additionally, the project stockpiled the existing levee material in the project staging area to be used in case of an emergency and/or for future projects. However, the staging area is in a field between the Sacramento River levee and County Road 116B that is subject to seepage water accumulating between the levee and road making the site inaccessible over time. Seepage has begun to occur in areas downstream of the staging area and is expected to begin impacting the staging area in the next couple of days leaving a short window (4-7 working days) to access the available levee material.
Plan
On January 2, 2023, the Odin Construction Solutions was directed to mobilize specialized equipment to utilize the existing on-site material to reconstruct the levee to its design elevation. On January 3, 2023, the Odin Construction Solutions was directed to line up 24-hour work. This emergency work is being completed under the force-account (time and materials) provisions of the contract specifications. Additionally, the embankment installed would be temporary, and the project would be required to remove the temporary embankment and import specified levee embankment in Spring 2023, which will result in additional costs.
Recommended Action
At this time, Staff is recommending that the Board of Supervisors approve an Emergency Contract Change Order, in the amount of $726,000, to Agreement No. 22-19 with Odin Construction Solutions, LLC for the Knights Landing Mid-Valley Sites 9 & 10 Levee Improvements Project. The Emergency Contract Change Order includes funding for the following activities:
On September 29, 2022, the County entered into Agreement No. 22-19 with Odin Construction Solutions, LLC to construct the Knights Landing Mid-Valley Sites 9 & 10 Levee Improvements Project. This project involved the installation of two sections of shallow slurry cutoff walls between Levee Miles 2.75 and 3.25. To install the walls, the levee was excavated (i.e., degraded) to remove the top one-third of embanked to prevent hydraulic fracturing of the levee during installation. Work began in the Fall 2022 with levee excavation occurring from October 8 through 18, and wall installation occurring between October 19, and November 5. The wall then required adequate time to settle prior to levee backfill and restoration which began December 15. Under dry weather conditions the embankment was scheduled to be completed in 11 working days. However, work had to be stopped after only a few working days due to weather conditions and saturated levee embankment materials.
Per the funding agreement with DWR and expiration of the funds, all work must be completed by March 31, 2023, and fully closed out by June 30, 2023, which required construction to be completed in late 2022 or risk loss of State funding for these critical repairs. A request has been made to extend the funding agreement expiration date, as well as reallocate budget between tasks, but DWR cannot guarantee the extension and encouraged work to be completed per the agreement deadlines.
Issue
Current levee elevations in the degraded sections are between 41 and 42 feet with design top of levee between 44 and 45 feet. The highest stage recorded is on January 2, 1997, at 41 feet. The 1% annual chance water surface elevation is 42.55 feet. Although near-term forecasts show the Sacramento River elevating below these levels, the weather forecast remains active and wet for the next 15 days. The levee restoration work requires levee embankment material that meets current State and Federal standards which requires import from offsite sources, all of which have become saturated and inaccessible. Additionally, the project stockpiled the existing levee material in the project staging area to be used in case of an emergency and/or for future projects. However, the staging area is in a field between the Sacramento River levee and County Road 116B that is subject to seepage water accumulating between the levee and road making the site inaccessible over time. Seepage has begun to occur in areas downstream of the staging area and is expected to begin impacting the staging area in the next couple of days leaving a short window (4-7 working days) to access the available levee material.
Plan
On January 2, 2023, the Odin Construction Solutions was directed to mobilize specialized equipment to utilize the existing on-site material to reconstruct the levee to its design elevation. On January 3, 2023, the Odin Construction Solutions was directed to line up 24-hour work. This emergency work is being completed under the force-account (time and materials) provisions of the contract specifications. Additionally, the embankment installed would be temporary, and the project would be required to remove the temporary embankment and import specified levee embankment in Spring 2023, which will result in additional costs.
Recommended Action
At this time, Staff is recommending that the Board of Supervisors approve an Emergency Contract Change Order, in the amount of $726,000, to Agreement No. 22-19 with Odin Construction Solutions, LLC for the Knights Landing Mid-Valley Sites 9 & 10 Levee Improvements Project. The Emergency Contract Change Order includes funding for the following activities:
- $526,000 – winterization activities to build up the levee (January 2023)
- $200,000 – tear down the levee post-winter (Spring 2023)
Rough cost estimates for the above activities that were provided by the contractor have been attached to this staff report as Attachment A.
Approval of this emergency contract change order is critical because although the degraded levee does not pose imminent public safety risk from levee overtopping in the degrading areas, the current weather forecast provides significant uncertainty through the remainder of the winter months. If the existing embankment access is cutoff by seepage, which appears imminent, the project would not have available resources on-site to restore the levee height and would be required to import useable material from an offsite source, if available, at a significant higher cost.
Approval of this emergency contract change order is critical because although the degraded levee does not pose imminent public safety risk from levee overtopping in the degrading areas, the current weather forecast provides significant uncertainty through the remainder of the winter months. If the existing embankment access is cutoff by seepage, which appears imminent, the project would not have available resources on-site to restore the levee height and would be required to import useable material from an offsite source, if available, at a significant higher cost.
Collaborations (including Board advisory groups and external partner agencies)
Natural Resources Division staff has collaborated with the Office of the County Administrator and the Department of Financial Services, as well as the County’s contracted levee district engineer (MBK Engineers) on this item
Competitive Bid Process/Vendor Performance
The original contract with Odin Construction Solutions, LLC was awarded out of a competitive bid process that occurred in Summer 2022.
The Department confirms that the vendor has performed satisfactorily on the current agreement.
The Department confirms that the vendor has performed satisfactorily on the current agreement.
Fiscal Impact
Potential fiscal impact (see notes in explanation section below)
Fiscal Impact (Expenditure)
- Total cost of recommended action:
- $ 726,000
- Amount budgeted for expenditure:
- $ 0
- Additional expenditure authority needed:
- $ 726,000
- One-time commitment:
- Yes
Source of Funds for this Expenditure
- DWR
- $726,000
Further explanation as needed:
In Fall 2020, the County and the State Department of Water Resources (“DWR”) entered into a funding agreement for the Knights Landing Flood Management Project of which the Mid-Valley Sites 9 & 10 Levee Improvements Project is a component. The cost share of Task 6 of this funding agreement, which covers Construction and Construction Management activities, is 90% state and 10% local.
Execution of this Emergency Contract Change Order will exceed the amount estimated within the Task 6 budget. Therefore, County staff are actively pursuing a contract amendment with DWR to reallocate budget between the tasks to cover the costs of the emergency work, as well as determine potential impacts to other project elements of the Knights Landing Flood Management Project. Depending on the final reallocation, a budget resolution may be needed if the recalculated County cost share exceeds the $1,685,111, already authorized by the Board of Supervisors.
Should DWR not be amenable to an amendment to other takes to complete this work, the County could pursue the Federal Emergency Management Agency ("FEMA") disaster claim process.
In the event that neither of the above options are successful, this cost would become a general fund responsibility.
Execution of this Emergency Contract Change Order will exceed the amount estimated within the Task 6 budget. Therefore, County staff are actively pursuing a contract amendment with DWR to reallocate budget between the tasks to cover the costs of the emergency work, as well as determine potential impacts to other project elements of the Knights Landing Flood Management Project. Depending on the final reallocation, a budget resolution may be needed if the recalculated County cost share exceeds the $1,685,111, already authorized by the Board of Supervisors.
Should DWR not be amenable to an amendment to other takes to complete this work, the County could pursue the Federal Emergency Management Agency ("FEMA") disaster claim process.
In the event that neither of the above options are successful, this cost would become a general fund responsibility.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| County Counsel | Phil Pogledich | 01/06/2023 06:50 AM |
- Form Started By:
- cliebler
- Started On:
- 01/04/2023 12:33 PM
- Final Approval Date:
- 01/06/2023