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 Federal Energy Regulatory Commission Order Compliance Project Coyote Creek Flood Management Measures Project, Stage 1 - Civil Work (Milestones 1 and 1B), Gordon N. Ball, Inc., Contractor, Project No. 91864007, Contract No. C0690 (San Jose, Districts 2, 3 and 6).
End
RECOMMENDATION: Recommendation
A. Accept the work on the Federal Energy Regulatory Commission (FERC) Order Compliance Project (FOCP) Coyote Creek Flood Management Measures Project, Stage 1 - Civil Work (Milestones 1 and 1B), Project No. 91864007, Contract No. C0690 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, Gordon N. Ball, Inc., (Contractor) has completed the FOCP Coyote Creek Flood Management Measures Project (CCFMMP or Project), Stage 1 - Civil Work (Milestones 1 and 1B).
Project Background
Anderson Dam is under the jurisdiction of FERC and California Department of Water Resources, Division of Safety of Dams (DSOD) and must meet their dam safety design standards. FERC has jurisdiction over Anderson Dam safety measures and operations due to licensing a small hydroelectric facility on this reservoir.
Pursuant to FERC’s authority, for public health and safety reasons, on February 20, 2020, Santa Clara Valley Water District (Valley Water) received an Order from FERC to immediately implement the following interim risk reduction measures: (a) immediately lower and maintain the reservoir operating level no higher than elevation 565 feet; (b) lower the reservoir to elevation 488 feet (deadpool) beginning no later than October 1, 2020, as safely and quickly as possible and maintain deadpool to the extent feasible; (c) immediately design and construct the low-level outlet tunnel (Anderson Dam Tunnel) to more reliably and quickly drawdown the reservoir after an earthquake and/or to better maintain deadpool during significant precipitation; and (d) implement the dam safety directives, including design and construction of the proposed low-level outlet, while securing alternative water supplies and working with FERC staff, and federal, state and local resource agencies to minimize environmental effects.
Pursuant to FERC’s Order, Valley Water immediately restricted the reservoir operating level to elevation 565 feet; began defining the interim risk reduction measures; and initiated emergency consultation processes regarding adverse environmental impacts of these interim risk reduction measures with the regulatory agencies, as appropriate.
The FOCP is a set of proposed interim risk reduction measures as set forth in the FERC Order during the interim time period prior to construction and operation of the Anderson Dam Seismic Retrofit Project (ADSRP). The FOCP consists of four broad categories of actions. The CCFMMP is part of Category IV. Avoidance and Minimization Measures.
Valley Water expedited a portion of the original Coyote Creek Flood Protection Project (CCFPP) in response to the FERC Order and created the CCFMMP. The immediate objective of CCFMMP is to reduce the risk of flooding to homes, schools, businesses, and transportation networks from flows associated with water releases from Anderson Dam that may occur after construction of Valley Water’s Anderson Dam Tunnel Project (ADTP), currently underway and scheduled to be completed in 2025. The overall flood risk reduction objective of CCFMMP and CCFPP is protecting areas of Coyote Creek against a flood event approximately equivalent to the February 2017 flood event. This goal will be met by the completion of CCFMMP and CCFPP. CCFPP is in design phase and is scheduled to begin construction in 2026.
Previous Board Actions
On June 9, 2020, the Board adopted a Resolution providing for the notice and time and place of Public Hearing on the Engineer’s Report and CEQA Exemption determination for the Anderson Dam Federal Energy Regulatory Commission Order Compliance project to occur on June 23, 2020 , at 6:00 p.m. by teleconference Zoom meeting.
On June 23, 2020, the Board approved the CEQA emergency exemption determination for the FERC Order Compliance Project; adopted a Resolution approving the Engineer’s Report; and approved the Project.
On February 28, 2023, the Board adopted the plans and specifications and authorized advertisement for bids for construction.
On May 16, 2023, the Board received report of bids; awarded the Project construction contract to Contractor in the amount of $43,927,438; approved a (15%) contingency sum of $6,589,116 and authorized the Chief Executive Officer or designee to approve individual change orders up to the designated amount.
Contract Change Orders
Thirty-four (34) contract change orders totaling $4,013,100.53 were executed to date to address various issues, including unforeseen site conditions and utilities, post-design clarifications, Valley Water requested changes, and credits back to the contract for adjustments to bid items based on the final quantity measurements.
These changes included:
A. $1,796,880 for additional work required to address unforeseen site conditions such as removal of buried man-made objects, and additional potholing to identify those objects.
B. $1,427,095 for additional architectural treatment related work.
C. $1,220,934 for additional repaving and other miscellaneous civil work needed to restore the construction areas.
D. $150,941 for additional work required to address utility related conflicts and PG&E fees.
E. -$582,749 for miscellaneous changes to work and adjustments to bid items based on the final quantity measurements.
Table 1 presents a summary of the construction contract and contingency amounts associated with completion of Milestones 1 and 1B.
TABLE 1
SUMMARY OF CONSTRUCTION CONTRACT
AND CONTINGENCY AMOUNTS
|
|
Contract |
Contingency Amount |
|
|
Amount |
|
|
Original Contract |
$43,927,438.00 |
$6,589,116.00 |
|
Change Order No. 1 (DOO Approved) |
$125,332.45 |
$6,463,783.55 |
|
Change Order No. 2 (Staff Approved) |
$6,595.84 |
$6,457,187.71 |
|
Change Order No. 3 (DOO Approved) |
$195,352.43 |
$6,261,835.28 |
|
Change Order No. 4 (DOO Approved) |
$170,354.60 |
$6,091,480.68 |
|
Change Order No. 5 (DOO Approved) |
$291,138.29 |
$5,800,342.39 |
|
Change Order No. 6 (DOO Approved) |
$297,317.56 |
$5,503,024.83 |
|
Change Order No. 7 (DOO Approved) |
$290,908.38 |
$5,212,116.45 |
|
Change Order No. 8 (DOO Approved) |
$153,190.61 |
$5,058,925.84 |
|
Change Order No. 9 (Staff Approved) |
$0.00 |
$5,058,925.84 |
|
Change Order No. 10 (DOO Approved) |
$202,166.27 |
$4,856,759.57 |
|
Change Order No. 11 (DOO Approved) |
$201,081.64 |
$4,655,677.93 |
|
Change Order No. 12 (DOO Approved) |
$211,866.29 |
$4,443,811.64 |
|
Change Order No. 13 (DOO Approved) |
$137,809.99 |
$4,306,001.65 |
|
Change Order No. 14 (DOO Approved) |
$137,286.57 |
$4,168,715.08 |
|
Change Order No. 15 (DOO Approved) |
$299,555.45 |
$3,869,159.63 |
|
Change Order No. 16 (DOO Approved) |
$292,875.01 |
$3,576,284.62 |
|
Change Order No. 17 (Staff Approved) |
($415,277.00) |
$3,991,561.62 |
|
Change Order No. 18 (DOO Approved) |
$246,169.00 |
$3,745,392.62 |
|
Change Order No. 19 (DOO Approved) |
$250,000.00 |
$3,495,392.62 |
|
Change Order No. 20 (Staff Approved) |
$69,875.76 |
$3,425,516.86 |
|
Change Order No. 21 (DOO Approved) |
$300,000.00 |
$3,125,516.86 |
|
Change Order No. 22 (DOO Approved) |
$300,000.00 |
$2,825,516.86 |
|
Change Order No. 23 (DOO Approved) |
$300,000.00 |
$2,525,516.86 |
|
Change Order No. 24 (DOO Approved) |
$173,823.42 |
$2,351,693.44 |
|
Change Order No. 25 (DOO Approved) |
$300,000.00 |
$2,051,693.44 |
|
Change Order No. 26 (DOO Approved) |
$300,000.00 |
$1,751,693.44 |
|
Change Order No. 27 (DOO Approved) |
$300,000.00 |
$1,451,693.44 |
|
Change Order No. 28 (DOO Approved) |
$300,000.00 |
$1,151,693.44 |
|
Change Order No. 29 (DOO Approved) |
$200,000.00 |
$951,693.44 |
|
Change Order No. 30 (DOO Approved) |
$101,183.78 |
$850,509.66 |
|
Change Order No. 31 (DOO Approved) |
$300,000.00 |
$550,509.66 |
|
Change Order No. 32 (Staff Approved) |
$31,512.58 |
$518,997.08 |
|
Change Order No. 33 (ACEO Approved) |
$454,812.86 |
$64,184.22 |
|
Change Order No. 34 (Staff Approved) |
($2,511,831.25) |
$2,576,015.47 |
|
Final Change Order Amount |
$4,013,100.53 |
|
|
Final Stage 1 Contract Amount and Remaining Contingency |
$47,940,538.53 |
$2,576,015.47 |
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 Stage 1 - Civil Work (Milestones 1 and 1B) 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 of Stage 1 - Civil Work (Milestones 1 and 1B). 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 Valley Water to release contract retention in accordance with certain time frames, which will commence once the Notice of Completion is recorded with the Santa Clara County Clerk-Recorder. 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 ($2,368,987.42) associated with the Stage 1 - Civil Work (Milestones 1 and 1B) 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 Stage 1 - Civil Work (Milestones 1 and 1B) and a second Notice of Completion will be recommended once Stage 2 - Plant Establishment (Milestone 2 and 2B) work is complete. Retention withheld for Stage 1 - Civil Work (Milestones 1 and 1B) will be released as a result of the Board’s acceptance and recording of the Notice of Completion. Retention withheld for Stage 2 - Plant Establishment (Milestones 2 and 2B) will be released after that work is completed and that Notice of Completion is recorded.
Project Expenditures
As indicated in the Summary of Construction Contract and Contingency Amounts (Table 1) associated with the Stage 1 - Civil Work (Milestones 1 and 1B), the original contract amount of $43,927,438.00 has been increased by $4,013,100.53 to $47,940,538.53. This represents an increase of approximately 9 percent (9%).
The remaining contingency sum of $2,576,015.47 will remain with the project budget for the duration of Stage 2 - Plant Establishment period to ensure the success of the mitigation plantings and Silicon Valley Paving storm drain modifications
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
There are no Environmental Justice and equity impacts associated with this Board action to approve the Notice of Completion and Acceptance of Work. However, there are beneficial Environmental Justice impacts associated with the CCFMMP. The intent of CCFMMP is to protect the public, including disadvantaged communities from dangers associated with flooding similar to the flooding event that occurred in February 2017.
FINANCIAL IMPACT:
CCFMMP, Stage 1 - Civil Work (Milestones 1 and 1B), Project No. 91864007, is included in the Capital Improvement Program (CIP) FY 2026-30 Five-Year Plan and in the FY 2024-25 Adopted budget. The Project is funded through the Water Utility Enterprise Fund (Fund 61), with 81.7% of the costs allocated to North County Zone W-2, and South County as follows: 7.5% allocated to Zone W-5, and 10.8% allocated to Zone W-7.
CEQA:
CEQA provides a statutory exemption for emergency projects, which include specific actions necessary to prevent or mitigate an emergency (Public Resources Code 21080(b)(4) and CEQA Guidelines 15269(c)). After analysis of the facts and applicable law, on June 23, 2020, following a Public Hearing, the Board determined that the FOCP, inclusive of the CCFMMP, qualifies for this exemption. Valley Water filed a Notice of Exemption with the Santa Clara Clerk/Recorder on June 29, 2020.
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
Bhavani Yerrapotu, 408-630-2735
Emmanuel Aryee, 408-630-3074