BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT:
Title
Accept the Work as Complete and Direct the Clerk to File the Notice of Completion of Contract and Acceptance of Work for the Permanente Creek Flood Protection Project - Floodwall Retrofit, Anvil Builders, Inc., Project No. 10244001, Contract No. C0689 (Mountain View, District 7).
End
RECOMMENDATION:
Recommendation
A. Accept the work on the Permanente Creek Flood Protection Project - Floodwall Retrofit, Anvil Builders, Inc., Project No. 10244001, Contract No. C0689 as complete; and
B. Direct the Clerk of the Board to sign the Notice of Completion of Contract and Acceptance of Work and submit for recording to the Santa Clara County Clerk-Recorder.
Body
SUMMARY:
The construction contractor, Anvil Builders, Inc., has completed the Permanente Creek Flood Protection Project - Floodwall Retrofit (Project).
Project Background
Santa Clara Valley Water District (Valley Water) completed the construction of the Permanente Creek Flood Protection Project (Permanente Project) along the Permanente Creek corridor in the cities of Mountain View, Los Altos, and Cupertino as part of the 2012 Safe, Clean Water Program. The Permanente Project, which was approved by the Board on May 28, 2013, was comprised of three separate projects: Rancho San Antonio Detention Basin (Stage 1 was completed in June 2021), McKelvey Park Detention Basin (completed February 2020), and the Permanente Creek Channel Improvements Project (completed December 2018).
After Stage 1 completion of the Rancho San Antonio Detention Basin, Valley Water Hydraulics and Hydrology (H&H) staff began the FEMA Letter of Map Changes (LOMR) application process to update the 100-year floodplain map, to remove the properties that were listed in the old floodplain map. The affected properties are along the full length of the creek, from Los Altos downstream to the San Francisco Bay.
During H&H’s preparation of the FEMA LOMR application and supporting documents, it was discovered that some of the design calculations for the Channel Improvements showed that some retrofits would be required to certain floodwalls to fully meet all current FEMA LOMR criteria. This Project retrofitted the spread footings along approximately 1,300 lineal feet of floodwalls, which is the full length of those not previously retrofitted.
Permanente Creek Flood Protection Project - Floodwall Retrofit
To accomplish this floodwall retrofit project, excavation occurred from US Highway 101 north to Charleston Road in Mountain View along the East bank levee crest to expose the floodwall footings. Footings were then thickened by ten (10) inches and extended. Footing extensions vary between ten (10) inches and one (1) foot six (6) inches in length. With the concrete cured, excavations are backfilled to pre-Project levee crest elevations.
With the floodwall footings extended, the completed work meets all FEMA LOMR criteria and allows Valley Water staff to complete the application to remove certain parcels from the floodplain maps.
Relevant Prior Board Actions
On November 20, 2012, the Board certified a Final Subsequent EIR (FS-EIR) for the Permanente Project.
On August 23, 2022, the Board approved the Seventh Addendum to the FS-EIR for construction of the Project; adopted the plans and specifications; and authorized advertisement for bids for construction for this Project.
On November 22, 2022, the Board authorized the Chief Executive Officer (CEO) to execute a License Agreement to Use Temporary Spaces with Google, LLC; received the report of bids; approved a budget adjustment in the amount of $2,157,000.00; ratified Addenda Nos.1 and 2; approved a contingency sum of $164,581.50 and authorized the CEO or designee to approve individual change orders up to the designated amount; and awarded the construction contract to Anvil Builders, Inc. for this Project.
Contract Change Orders
One (1) contract change order totaling -$22,265.00 was executed for this contract to address contract items eliminated in their entirety and provided a credit back associated with the City of Mountain View Excavation permit.
The final total contract amount is $1,074,945.00.
Table 1 presents a summary of the construction contract and contingency amounts.
TABLE 1
SUMMARY OF CONSTRUCTION CONTRACT
AND CONTINGENCY AMOUNTS
|
|
Contract Amount |
Contingency Amount |
|
Original Contract |
$1,097,210.00 |
$164,581.50 |
|
Change Order No. 01 (Staff approved) |
<$22,265.00> |
$0 |
|
Final Contract Amount and Remaining Contingency |
$1,074,945.00 |
$164,581.50 |
Acceptance of the Work and Recording Notice of Completion of Contract
The California Civil Code allows an owner or agent to execute a Notice of Completion of Contract after acceptance of the work by the Board. The Notice of Completion of Contract and Acceptance of Work is included in Attachment 1. The Designated Engineer has determined that the work has been completed, to the best of his knowledge, in accordance with the plans and specifications, and recommends acceptance. The Designated Engineer’s Representative recommendation of construction acceptance is included in Attachment 2. The Project Completion Letter is included as Attachment 3. Photos of the completed Project are included in Attachment 4. The Project Delivery Process Chart is included in Attachment 5.
Construction Contract Retention
California law requires Santa Clara Valley Water District (Valley Water) to release contract retention in accordance with certain time frames, which will commence once the Notice of Completion is recorded. Interest payment on retention due to the contractor may be avoided by meeting the requisite deadlines.
Valley Water is currently withholding retention funds totaling five percent (5%) of the contract amount $53,747.25 in accordance with the Public Contract Code. Per the construction Contract Documents, Valley Water is required to release retention funds associated with the contract 35 days after recording the Notice of Completion of Contract and Acceptance of Work, subject to any withholds required by law or the contract.
Project Expenditures
As indicated in the Summary of Construction Contract and Contingency Amounts (Table 1), the original contract amount of $1,097,210.00 has been decreased by $22,265.00 to $1,074,945.00. This represents a decrease of approximately 2.03 percent (2.03%).
ENVIRONMENTAL JUSTICE IMPACT:
Completion of the Project allows staff to complete the FEMA LOMR process to remove properties from the FEMA floodplain maps. No negative impacts have been identified and no Disadvantaged Communities were identified within the Project’s impact area.
FINANCIAL IMPACT:
The Permanente Creek Flood Protection Project (San Francisco Bay to Foothill Expressway), Project No. 10244001 is included in the Capital Improvement Program (CIP) Fiscal Year 2024-28 Five-Year Plan and in the FY 2023-24 Adopted budget. The Project is funded through the Watershed and Stream Stewardship Fund (Fund 12). Total financial costs were detailed in previous sections of this agenda memorandum. No additional funding is recommended.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have a potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment 1: Notice of Completion and Acceptance of Work
Attachment 2: Construction Contract Acceptance
Attachment 3: Project Completion Letter
Attachment 4: Construction Photos
Attachment 5: Project Delivery Process Chart
UNCLASSIFIED MANAGER:
Manager
Erin Baker, 408-630-2608