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 Bolsa Road Fish Passage Improvements Project, Stage 1 - Civil Work (Milestones 1 and 2), A. Teichert & Son, Inc., Contractor, Project No. 26044004, Contract No. C0687 (Unincorporated Santa Clara County, District 1).
End
RECOMMENDATION:
Recommendation
A. Accept the work on the Bolsa Road Fish Passage Improvements Project, Stage 1 - Civil Work (Milestones 1 and 2), Project No. 26044004, Contract No. C0687 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, A. Teichert & Son, Inc., (Contractor), has completed the Bolsa Road Fish Passage Improvements Project, Stage 1 - Civil Work (Milestones 1 and 2) (Project).
Project Background
The Project is located at the boundary of City of Gilroy, California, between Christopher Ranch on the south bank and Bolsa Road on the north bank and extends approximately 1,700 linear feet downstream of the Union Pacific Railroad (UPRR) bridge. The objective of the Bolsa Road Fish Passage Improvements Project (Project) is to restore fish passage at the UPRR crossing of Uvas Creek to allow steelhead and other aquatic organisms to move freely between the lower and upper reaches of the creek. This outcome was accomplished by construction of this project by geomorphic design, restoring the creek invert to historic elevation and thereby providing fish passage.
Specific outcomes of the Project are:
1. Restore upstream steelhead passage at the UPRR crossing, providing access to spawning grounds in the upper reaches of the watershed.
2. Restore stability and stream function and prevent incision for 1,700 feet of Uvas Creek.
3. Provide maintenance access for the riffle-pool system, restored banks, and vegetation of Uvas Creek downstream of the UPRR bridge.
Stage 1 - Civil Work (Milestones 1 and 2) of this Project will be followed by Stage 2 comprised of Milestone 3, the three (3) year plant establishment period.
Relevant Prior Board Actions
On March 8, 2022, the Board adopted the plans and specifications and authorized advertisement for bids for the Project.
On May 10, 2022, the Board received the report of bids and rejected all bids; adopted the plans and specifications; and authorized advertisement for bids for the Project.
On July 12, 2022, the Board received the report of bids; awarded the construction contract to A. Teichert & Son, Inc. (Contractor) in the amount of $5,047,907; approved a (15%) contingency sum of $757,186.05 and authorized the Chief Executive Officer or designee to approve individual change orders up to the designated amount.
On March 12, 2024, the Board approved an increase of $1,110,000 to the construction contract contingency sum for the Project, increasing the total contingency to $1,867,186.05.
Contract Change Orders
Four (4) contract change orders totaling $1,618,358.75 were executed for this contract to address various issues including unforeseen site conditions, additional channel excavation, installing additional rocks for slopes and banks protection, and placing streambed gravel.
These changes included:
A. $240,619.39 for additional work required to address unforeseen site conditions resulting from increased bank erosion.
B. $391,287.67 for additional work required to address additional channel excavation, placing additional streambed gravel, and placement of the additional ½-ton, 1-ton, and 3-ton rocks for the riffles, pools, and bankfull benches.
C. $936,163.26 for additional 2-ton rock slope protection and additional container plants installation.
D. $50,288.43 for additional plant establishment maintenance.
The final Stage 1 - Civil Work (Milestones 1 and 2) contract amount is $6,666,265.75
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 |
$5,047,907.00 |
$757,186.05 |
|
Change Order No. 1 (DOO Approved) |
$240,619.39 |
$516,566.66 |
|
Change Order No. 2 (CEO Approved) |
$391,287.67 |
$125,278.99 |
|
Contingency Amount Increase (Board Approved) |
|
$1,110,000.00 |
|
Change Order No. 3 (CEO Approved) |
$936,163.26 |
$299,115.73 |
|
Change Order No. 4 (Staff Approved) |
$50,288.43 |
$248,827.30 |
|
Final Stage 1 Contract Amount and Remaining Contingency |
$6,666,265.75 |
$248,827.30 |
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 her knowledge, in accordance with the plans and specifications, and recommends acceptance of the Stage 1 - Civil Work (Milestones 1 and 2). 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 items associated with the Stage 1 - Civil Work (Milestones 1 and 2) 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.
Recording a Notice of Completion is recommended for the Stage 1 - Civil Work (Milestones 1 and 2) and a second Notice of Completion will be recommended once Stage 2 - Plant Establishment (Milestone 3) work is complete. Retention withheld for Stage 1 will be released as a result of the Board’s acceptance and recordation of the Notice of Completion. Retention withheld for Stage 2 will be released after that work is completed and the Notice of Completion is recorded.
Project Expenditures
As Indicated in the Summary of Construction Contract and Contingency Amounts (Table 1) at Stage 1 - Civil Work (Milestones 1 and 2) completion, the original contract amount of $5,047,907.00 has been increased by $1,618,358.75 to $6,666,265.75. This represents an increase of approximately 32 percent (32%).
The remaining contingency sum will remain in place for the duration of Stage 2 - Plant Establishment period to ensure the success of the mitigation plantings.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
There are no environmental justice and equity impacts associated with Bolsa Road Fish Passage Improvements Project. This action is unlikely to or will not result in adverse impacts and is not associated with an equity opportunity.
FINANCIAL IMPACT:
The Bolsa Road Fish Passage Improvements Project, Stage 1- Civil Work (Milestones 1 and 2) is part of the Restoration of Natural Creek Functions Projects, Project No. 26044004, and is included in the Capital Improvement Program (CIP) Fiscal Year (FY) 2025-29 Five-Year Plan and in the FY 2024-25 Adopted Budget. The Project is funded through the Safe, Clean Water and Natural Flood Protection Fund (Fund 26). 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 the 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 Completion Photos
Attachment 5: Project Delivery Process Chart
UNCLASSIFIED MANAGER:
Manager
Bhavani Yerrapotu, 408-630-2735