BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☒ No ☐
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Approve Amendment No. 5 to Agreement No. A4464A, with AECOM Technical Services, Inc., for Design Services for the Federal Energy Regulatory Commission Order Compliance Coyote Creek Flood Management Measures Project, Project No. 91864007, and the Coyote Creek Flood Protection Project, Project No. 26174043, CAS File No. 5157, Increasing the Not-to Exceed Fee by $7,342,505 for a Total Not-to-Exceed Fee of $24,997,196 and Extending the Agreement Term (San Jose, Districts 2, 3, and 6).
End
RECOMMENDATION: Recommendation
Approve Amendment No. 5 to Agreement No. A4464A with AECOM Technical Services, Inc., for design services for the Federal Energy Regulatory Commission Order Compliance Coyote Creek Flood Management Measures Project, Project No. 91864007, and Coyote Creek Flood Protection Project, Project No. 26174043, increasing the not-to-exceed fee by $7,342,505, for a total not-to-exceed fee of $24,997,196, and extending the Agreement Term.
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SUMMARY:
The AECOM Technical Services, Inc., (Consultant) is currently performing the design services for Coyote Creek Flood Management Measures Project (CCFMMP or Phase 1) and Coyote Creek Flood Protection Project (CCFPP or Phase 2) in support of two objectives: 1) reduce the risk of flooding to homes, schools, businesses, and transportation networks from flood flows associated with a 20-year recurrence interval flood, approximately equivalent to the February 2017 flood event (applies to both Projects), and 2) reduce the risk of flooding in San Jose as a result of water releases from Santa Clara Valley Water District’s (Valley Water) Anderson Dam that may occur after construction of Stage 2 diversion tunnel as part of Anderson Dam Seismic Retrofit Project, scheduled to be completed approximately October 2028 (pertains only to the CCFPP).
The Consultant has been working on the final design of the CCFPP and the Project will enter the construction phase early to mid-2026. Staff recommends approval of Amendment No. 5 to increase the not-to-exceed fee by $7,342,505, for a total of $24,997,196, extend the Agreement Term from December 31, 2026, to June 30, 2029, and incorporate administrative updates. The increase in the not-to-exceed fee is for the Consultant to provide engineering support services during the construction phase of CCFPP and additional work needed for completion of final design.
The recommended Amendment No. 5 was considered by the Capital Improvement Program (CIP) Committee on August 18, 2025. The Committee members supported staff’s recommendation to present this item for approval to the full Board.
Project Background
The CCFPP’s primary objective is to provide protection from floods up to the level that occurred on February 21, 2017, equivalent to approximately a 5% flood (also referred to as a 20-year event), along Coyote Creek, between Montague Expressway and Tully Road, in San Jose. The CCFPP involves construction of multiple floodwalls, passive barriers and earthen berms along a nine (9) mile stretch of Coyote Creek.
Following a February 2020 order from Federal Energy Regulatory Commission (FERC) regarding Anderson Dam, the original Coyote Creek Flood Protection Project was split into two projects to accommodate construction of a new outlet tunnel at Anderson Dam. As a result, Valley Water accelerated the design and construction of an initial project, the CCFMMP, representing 40% of the original Coyote Creek Flood Protection Project, so the creek can accommodate the potential release of higher flows from the larger outlet tunnel from the Anderson Dam Tunnel Project. The Board awarded the CCFMMP construction contract in May 2023 and accepted the work as complete in June 2025.
Construction of the remaining components of the original CCFPP, the current Phase 2, is planned for completion before the Anderson Dam Seismic Retrofit Project (ADSRP) Stage 2 Diversion is in operation (estimated in 2028). In total, the Project includes constructing approximately 17,060 feet of improvements along the 9-mile stretch of Coyote Creek from Montague Expressway to Tully Road. The Project will result in flood risk reduction benefits to homes, businesses, schools, and transportation infrastructure, including disadvantaged communities along Coyote Creek.
Agreement A4464A Amendment History
On May 25, 2021, the Board approved an agreement (Agreement No. A4464A) with Consultant for professional engineering design services for the CCFMMP and CFPPP for a not-to-exceed fee of $9,985,313.24.
On November 18, 2021, the Deputy Administrative Officer of the General Services Division approved Amendment No. 1 to the Agreement to update the insurance requirements.
On June 13, 2023, the Board approved Amendment No. 2 to the Agreement, which extended the term and increased the not-to-exceed fee by $2,776,607 for a total not-to-exceed fee of $12,761,920.
On March 26, 2024, the Board approved Amendment No. 3 to the Agreement, which increased the not-to-exceed fee by $4,892,771 for a total not-to-exceed fee of $17,654,691.
On March 7, 2025, the Interim Chief Executive Officer approved Amendment No. 4, which reallocated/reassigned the funding within the CCFMMP construction tasks to additional services required for and paid for by CCFPP.
Consultant Work Performed to Date
The original design services Agreement requires the Consultant to prepare plans, specifications, and cost estimates, and to provide bid and construction contract award support services for both the CCFMMP and CCFPP. Amendment No. 2 added the additional scope for construction phase engineering support and engineer-of-record services for CCFMMP only. Tasks 1 through 9 are complete for CCFMMP. Tasks 4 through 6 are complete, Task 7 is in progress, and work has not commenced on the scope of Task 8 for CCFPP.
The design services Agreement includes the following tasks:
Task 1 - Project Management
Task 2 - Data Collection and Investigations
Task 3 - Basis of Design
Task 4 - 30% Design Document Preparation
Task 5 - 60% Design Document Preparation
Task 6 - 90% Design Document Preparation
Task 7 - Final Design and Specifications
Task 8 - Bid and Award Services
Task 9 - Supplemental Services
Task 10A - Engineering Support During Construction - CCFMMP
Task 11A - Supplemental Services During Construction - CCFMMP
CCFPP Task 9 Supplemental Services budget of $3,764,328.04 was spent primarily on feasibility study and design of additional floodwall along Brookwood Avenue, additional biological services, additional hydraulic analysis, and additional support for environmental impact report. Supplemental services were carefully scoped by staff and formalized in individual task orders. Expenditure for these task orders have been closely monitored and deliverables have been reviewed for timeliness and completeness.
Staff Management of Consultant Agreements
Staff has been monitoring and managing the Consultant’s performance to meet the goals and terms of the Agreement. Weekly progress meetings and monthly design meetings are held with the Consultant to assess progress of the CCFMMP and CCFPP. As generally required in all Valley Water consultant agreements, the Consultant must submit detailed monthly progress/status reports with their invoices. These reports are scrutinized by staff before approval of any payment to the Consultant.
Valley Water consultant agreements require the firms to prepare and implement an internal Quality Assurance and Quality Control (QA/QC) Plan for review of all deliverables transmitted to Valley Water. As part of the deliverable acceptance process, staff also performs a review of all deliverables received from the Consultant for compliance with project scope, budget, and schedule.
Amendment No. 5 to Agreement No. A4464A
Amendment No. 5 to Agreement No. A4464A will add to the existing scope, increase the not-to-exceed fee by $7,342,505, for a total of $24,997,196, extend the Agreement Term from December 31, 2026, to June 30, 2029, and incorporate administrative updates.
Approving staff’s recommendation to amend the design services Agreement will allow the Consultant to perform critical engineering support and engineer-of-record services during CCFPP construction, as well as any Supplemental Services needed during the construction phase. Amendment No. 5 will also provide funding necessary for additional design services needed for completion of CCFPP final design, including updating the internal drainage study to reflect the current design, potential scour analysis, assist staff in responding to resource agencies request for additional information during permit negotiations, incorporation of a hydraulic lift system into the passive barriers, and responding to comments from City of San Jose and Caltrans.
A summary of the tasks and fees for the recommended Amendment No. 5 is presented in Table 1.
Table 1 - Cost Breakdown (CCFMMP and CCFPP)
|
Task No. |
Description |
Original Agreement NTE |
Total NTE (Prior to Amendment No. 5 Approval) |
Proposed Amendment No. 5 |
Total Revised NTE Fees |
|
1 |
Project Management |
$679,679.00 |
$1,159,056.06 |
- |
$1,159,056.06 |
|
2 |
Data Collection and Investigations |
$2,240,017.02 |
$2,409,351.72 |
- |
$2,409,351.72 |
|
3 |
Basis of Design |
$153,641.98 |
$185,517.85 |
- |
$185,517.85 |
|
4 |
30% Design Document Preparation |
$971,777.67 |
$855,648.56 |
- |
$855,648.56 |
|
5 |
60% Design Document Preparation |
$1,888,559.82 |
$1,734,473.29 |
- |
$1,734,473.29 |
|
6 |
90% Design Document Preparation |
$1,307,745.75 |
$4,007,508.09 |
- |
$4,007,508.09 |
|
7 |
Final Design Document Preparation |
$847,446.15 |
$2,057,999.36 |
- |
$2,057,999.36 |
|
8 |
Bid and Award Services |
$223,156.04 |
$218,698.91 |
- |
$218,698.91 |
|
9 |
Supplemental Services |
$1,673,289.81 |
$3,199,830.40 |
$1,643,278.32 |
$4,843,108.72 |
|
10A |
Engineering Support During Construction - CCFMMP |
- |
$1,610,337.76 |
- |
$1,610,337.76 |
|
10B |
Engineering Support During Construction - CCFPP |
- |
- |
$4,407,477.87 |
$4,407,477.87 |
|
11A |
Supplemental Services During Construction - CCFMMP |
- |
$216,269.00 |
- |
$216,269.00 |
|
11B |
Supplemental Services During Construction - CCFPP |
- |
- |
$1,291,748.81 |
$1,291,748.81 |
|
Total Agreement Not-to-Exceed Fees |
$9,985,313.24 |
$17,654,691.00 |
$7,342,505.00 |
$24,997,196.00 |
ENVIRONMENTAL JUSTICE IMPACT:
There are no Environmental Justice impacts associated with this item. However, CCFPP will have beneficial Environmental Justice impacts as the intent of CCFPP is to protect the public from dangers associated with flooding similar to the flooding event that occurred in February 2017. The completion of CCFPP will directly benefit the adjacent disadvantaged communities along the full stretch of Coyote Creek between Montague Expressway and Tully Road.
FINANCIAL IMPACT:
The CCFPP, Project No. 26174043, is included in the Capital Improvement Program (CIP) Fiscal Year (FY) 2026-30 Five-Year Plan and in the FY 2025-26 Adopted Budget. The increased not-to-exceed fee for Amendment No. 5 is $7,342,505, resulting in a total not-to-exceed fee of $24,997,196.
Approval of this Amendment No. 5 will not change the overall Total Project Cost reflected in the FY 2026-30 Five Year Plan. There are adequate funds in the Board-adopted FY 2025-26 Budget to encumber the initial planned expenditures for the consultant agreement this fiscal year. Funds to cover the remaining Consultant Services will be included in the biennial budget process and recommended by staff during the annual fiscal year budget process or through budget adjustment(s), if needed.
The CCFPP (Project No. 26174043) is funded through the Safe, Clean Water and Natural Flood Protection Fund (Fund 26).
CEQA:
The recommended action does not constitute a project under CEQA because it does not have the potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
The CCFMMP, which is part of the FERC Order Compliance Project (FOCP) was determined to be statutorily exempt from CEQA pursuant to Public Resources Code 21080(b)(4) and CEQA Guidelines 15269(c) which exempts emergency projects including specific actions necessary to prevent or mitigate an emergency. Valley Water filed a Notice of Exemption for its approval of FOCP with the County of Santa Clara Clerk/Recorder on June 29, 2020. As to the CCFPP, Valley Water certified a final Environmental Impact Report and approved the project on March 11, 2025; Valley Water filed a Notice of Determination with the Santa Clara Clerk/Recorder on March 13, 2025.
ATTACHMENTS:
Attachment A: Gov. Code § 84308
Attachment 1: Amendment No. 5
Attachment 2: Agreement No. A4464A
Attachment 3: Amendment No. 1
Attachment 4: Amendment No. 2
Attachment 5: Amendment No. 3
Attachment 6: Amendment No. 4
UNCLASSIFIED MANAGER: Manager
Bhavani Yerrapotu, 408-630-2735