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File Number: 20-026 <br />This project is undertaken as part of the Heron Bay Maintenance Assessment District <br />(Assessment District 96-3) work plan. Services to the District are provided by the City of San <br />Leandro’s Engineering and Transportation, Public Works, and Police Departments; the County of <br />Alameda Public Works Agency; outside consultants, and outside contractors. The Assessment <br />District provides funding for the maintenance of certain public improvements constructed as part <br />of the Heron Bay Housing development including the marshlands and trail areas at the westerly <br />end of Lewelling Boulevard. <br />The proposed improvements will protect the levee and the adjacent Bay Trail segment that is <br />threatened by undermining due to erosion. This project will remove un-engineered rubble and <br />install engineered structural rip-rap improvements for a distance extending 87 feet south of the <br />current terminus of the engineered rip-rap to repair and reinforce a portion of the levee that was <br />damaged from storm surges and erosion. <br /> <br />A construction contract to complete this work was awarded to Pacific Underground Services at <br />the October 7th, 2019 San Leandro City Council Meeting. This work is only permitted during the <br />Fall in order to minimize impacts to sensitive species. Staff put the project out to bid before all <br />regulatory permits were obtained in order to try and accomplish the work during Fall 2019; <br />however, permits could not be obtained in time to use that environmental window and therefore <br />the work will occur during Fall 2020. <br />Analysis <br />During the final permitting approval phase with the Regional Water Quality Control Board <br />(RWQCB), the agency requested compensatory debris removal equivalent to all the new rip-rap <br />material placed within the Bay. This is a new condition that was not required on prior City levee <br />maintenance projects. Although the City argued that it was only removing existing failed erosion <br />control materials similar to prior maintenance projects, the RWQCB determined that the existing <br />damaged section being repaired was not an engineered levee. Therefore, the agency viewed the <br />proposed work as ‘new’ levee construction requiring mitigation measures. <br />The final mitigation measure agreed to by the RWQCB for permit approval included the removal <br />of an approximately 240-square foot by 5 foot tall abandoned dock beached south of the work <br />area as well as concrete and debris removal over an adjacent 450 square foot area. This work <br />was not included in the original bid documents. <br />Staff recommends completing this additional work as a change order to the current construction <br />contract with Pacific Underground Services. Other options, such as rebidding the project or <br />issuing a new separate contract for this removal work, would delay the project for another year in <br />order to comply with the required Fall construction window. The contractor has provided a <br />change order proposal of $43,262 to complete this additional removal work, which would <br />increase their contract total amount from $82,420 to $125,682. The proposed cost is reasonable <br />given the remote location and because the dock is constructed with creosote-treated railroad ties <br />that require special handling and disposal. <br />If the City Council approves, the revised contract value with the debris removal work will be <br />Page 2 City of San Leandro Printed on 9/2/2020 <br />2249