City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
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File ID: 2024-00647 3/26/2024 Consent Item 3.
Change Order: Sump 90 Berm Repair
File ID: 2024-00647
Location: District 8, Represented by Councilmember Vang Recommendation: Pass a Motion: 1) authorizing the City Manager or the City Manager’s designee to execute Change Order No. 1 to City Agreement No. 2024-0055 with Odin Environmental Solutions, LLC, for an amount not-to-exceed $198,917.89, bringing the agreement’s total not-to-exceed amount to $438,917.89; and 2) resetting the City Manager’s authority to issue Change Orders for the Agreement.
Contact: Raymond Kong, Project Manager (916) 808-1435, [email protected]; Brett Grant, Supervising Engineer (916) 808-1413, [email protected]; Sherill Huun, Engineering Division Manager, (916) 808-1455, [email protected]; Pravani Vandeyar, Director (916) 808-3765, Department of Utilities
Presenter: None.
Attachments:
1-Description/Analysis
2-Change Order
Description/Analysis
Issue Detail: Staff recommends Council authorize the City Manager or City Manager’s designee to execute Change Order No. 1 with Odin Environmental Solutions, LLC for the City Agreement No. 2024-0055 for an amount of $198,917.89, bringing the agreement’s total not-to-exceed amount to $438,917.89. City Agreement 2024-0055 with Odin Environmental Solutions, LLC is for the emergency repair of the breached berm that separates Morrison Creek from Stone Lake and Snodgrass Slough.
The project constructed a permanent access road from Sump 90 to the berm and repaired the breach in the berm (small levee) between Morrison Creek and Stone Lake. Immediate repairs were necessary to maintain water flow and flood storage in lower Morrison Creek and prevent property damage, habitat destruction, economic loss, and impacts on listed species, particularly during winter and high-flow periods.
File ID: 2024-00647 3/26/2024 Consent Item 3.
Policy Considerations: This Change Order exceeds the City Manager’s approval authority and requires Council approval.
Economic Impacts: This Change Order is expected to create 1.76 total jobs (1.01 direct jobs and
0.75 jobs through indirect and induced activities) and create $271,003.27 in total economic output ($170,815.43 of direct output and another $100,187.84 of output through indirect and induced activities).
The indicated economic impacts are estimates calculated using a calculation tool developed by the Center for Strategic Economic Research (CSER). CSER utilized the IMPLAN input-output model (2009 coefficients) to quantify the economic impacts of a hypothetical $1 million of spending in various construction categories within the City of Sacramento in an average one-year period. Actual impacts could differ significantly from the estimates and neither the City of Sacramento nor CSER shall be held responsible for consequences resulting from such differences.
Environmental Considerations: This project is exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines governing existing facilities, in that it meets the definition of restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety.
Sustainability: The proposed project is consistent with the 2035 General Plan as it improves infrastructure reliability and addresses existing safety concerns and prevents negative economic impacts.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: City Code Section 3.60.070 allows for the City Manager to negotiate and contract for public projects without advertising for bids when public interest and necessity demand immediate action, repair, or replacement to safeguard life, health, or property, to permit the continued conduct of city operations or services, or to mitigate further damage.
A portion of the berm between Stone Lake and the Sump 90 inlet channel failed. The failure prevents the City from pumping down the elevation of lower Morrison Creek to provide flood storage for incoming storms to prevent flooding and environmental harm. To address the safety concerns and economic impacts associated with the berm failure, an emergency contract was necessary to ensure that repairs were conducted in a timely manner to prevent further deterioration of the berm that could cause property damage, new flood risks, an inability to manage levee and drainage facilities upstream, and destruction of wildlife habitat including permit mandated mitigation projects. An emergency project number was created for this issue to track staff time and any other expenses related to the berm repair.
File ID: 2024-00647 3/26/2024 Consent Item 3.
Financial Considerations: The original not-to-exceed amount of the contract was $240,000.
Proposed Change Order No.1 in the amount of $198,917.89 would increase the contract not-to- exceed amount to $438,917.89. There are sufficient funds in the Drainage Channel Improvement Program (W14130400, Fund 6011) to execute this Change Order.
There are no General Funds allocated or planned for this project.
Local Business Enterprise (LBE): LBE requirements are suspended for contracts that are emergency in nature.
Background: In the 1960s, the City’s Storm Sump 90 and the berm that separates Stone Lake and Morisson Creek were constructed as required by the State Reclamation Board (now Central Valley Flood Protection Board) to mitigate lost flood storage due to the planned Delta Shores Development.
Without mitigation, the levee planned around the Delta Shores Development would reduce overbank flood storage, which combined with increased runoff from urbanization would increase Beach-Stone Lakes flood levels. To construct and maintain the inlet channel and forebay for Sump 90, the City acquired a drainage easement (Easement 5064 OR 143).
On December 20, 2023, DOU staff observed a breach around a 48-inch valve and culvert combination that passed through the berm. DOU staff consulted with the Sacramento Area Flood Control Agency (SAFCA) and Sacramento Regional County Sanitation District (SRCSD) and determined that the impacts of this failure would have numerous consequences, including: property damage, new flood risks, inability to manage levee and drainage facilities upstream, destruction of wildlife habitat including permit mandated mitigation projects resulting in a significant economic cost, impacts to listed species habitat, significant impacts to the wastewater conveyance system for Sacramento County, loss of secondary access to the SRCSD Treatment Facility and more localized impacts to property owners adjacent to Morrison Creek and Beach/Stone Lake.
With the emergency nature in mind, DOU staff contacted Odin Environmental Solutions to discuss potential solutions for the repair. Odin Environmental Solutions was selected to complete the repair as they are the prime contractor for the current Sacramento River East Levee Project, with a staging area about 1/3 of a mile from the repair site, allowing them to mobilize quickly.
CITY OF SACRAMENTO CHANGE ORDER Contract # & Date: 2024-0055 01/18/2024 Budget #: 434081-50000-6011-51000000-W14130409 Purchase Order #:0000074294 Change Order No: 1 Sacramento, California March 4, 2024 TO: Odin Environmental Solutions, LLC dba Odin CONTRACT FOR: Sump 90 Berm Repairs (Emergency) Upon mutual acceptance of this document by the City of Sacramento, hereinafter referred to as "CITY", and your firm, hereinafter referred to as "CONTRACTOR", in accordance with the terms and conditions of the original contract documents, you are hereby directed to make the following change or changes for the consideration set forth below: Description: See Exhibit A, attached and incorporated herein. The original contract sum was: $ 240,000.00 Net change by previous change orders: $ 0.00 The contract sum prior to this change order was: $ 240,000.00 The contract sum will be increased by this Change Order: $ 198,917.89 New contract sum including all Change Orders: $ 438,917.89 CONTRACTOR agrees that the amount of increase or decrease in the contract sum specified in this change order shall constitute full compensation for the work required by this change order, including but not limited to all compensation for the additional and/or revised work specified herein, and shall fully compensate CONTRACTOR for any and all direct and indirect costs that may be incurred by CONTRACTOR in connection with such additional and/or revised work, including any changes, disruptions or delays in work schedules or in the performance or other work by CONTRACTOR. The time for performance of the Contract will be increased by ten (10) days by reason of the performance of the work required by this Change Order. Except as herein above expressly provided, CONTRACTOR further agrees that the performance of the work specified in this Change Order or the rescheduling of other project work made necessary by this Change Order, shall not constitute a delay which will extend the time limit for completion of the work as said term is used in the Contract between CITY and CONTRACTOR for the project. Approval Recommended By: Approved as to Form by: ________________________________________________ Raymond Kong - Project Manager Date Michael Voss, Senior Deputy City Attorney Date Approved By: Approved By: ________________________________________________ James Edwards - Odin Environmental Solutions Date Ryan Moore City Manager Approved By: ________________________________________________ . Mindy Cuppy City Clerk Date Exhibit A, Page 1 of 1
CITY OF SACRAMENTO CHANGE ORDEREXHIBIT AContract # & Date: 2024-0055 01/18/2024 Budget #: 434081-50000-6011-51000000- W14130409 Purchase Order #: 0000074294 Change Order No: 1 1)PCO-01: Extra Work to complete project: In accordance with City of Sacramento Standard Specification 4-4 "Changes in the Work" and Section 4-6 "Extra Work", the Contractor was directed to perform additional work to complete the intent of the original contract. The original contract compensated the work from 1/11/2024 to 1/18/2024 and this item will Compensated the work from 1/18/2024 to 2/06/2024. Compensation of $198,917.89 has been determined using a time and materials analysis and includes all mark ups, profits, surcharges, taxes, and overhead costs. 10 workdays will be added to the contract for this work. (Database Code: Unforeseen Site Condition) Total This Item: $ 198,917.89 Total This Change Order: $ 198,917.89