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8 DATE: May 6, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Andrew Brozyna, Public Works Director/City Engineer Laura Galli, Engineering Manager
DEPARTMENT: Public Works
SUBJECT: LEVEE PROTECTION PLANNING AND IMPROVEMENTS
PROJECT (CIP 327-657) - NOTICE OF COMPLETION
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution accepting the work performed by Shimmick Construction Company, Inc. (Shimmick) for the construction of the Levee Protection Planning and Improvements Project (CIP 327-657) and directing the City Clerk to file the Notice of Completion.
EXECUTIVE SUMMARY
CIP 327-657 consists of improvements to the City’s existing levee system to provide flood protection in accordance with updated Federal Emergency Management Agency (FEMA) guidelines, retain FEMA accreditation, and protect against future sea level rise. The work has been completed in conformance with the contract documents. It is recommended that the City Council accept the work and direct the City Clerk to file the Notice of Completion (NOC).
BACKGROUND
City Resolution No. 2020-76 adopted on July 20, 2020, approved the execution of a construction contract with Shimmick in the amount of $60,218,000 for CIP 327-657 and established a project contingency of $9,000,000. Funding in the amount of $95 million
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8 dollars was available in the project budget consisting of $90 million dollars in bond funding passed by Foster City voters in June 2018, as well as an additional $5 million dollars from the City’s CIP fund.
Construction began in earnest in September 2020 and was substantially completed on October 6, 2023 with final completion achieved on February 23, 2024. Construction management and inspection services were performed by Tanner Pacific, Inc. (TPI) with assistance from the design team of Schaaf and Wheeler. The Project’s Program Advisor from Regional Government Services Authority (RGS) provided staff support. The contractor has completed all punch list items of work.
ANALYSIS
The construction work included improvements to approximately 6.5 miles of existing levee system to provide flood protection in accordance with the updated FEMA guidelines, retain FEMA accreditation for the levee, and protect against future sea level rise. Improvements consisted of the three different wall elements: approximately 2,500 linear feet of concrete flood wall; (2) approximately 5,000 linear feet of concrete block mechanically stabilized earth (earthen); and (3) approximately 22,000 linear feet of sheet pile wall.
The project’s construction activities were broken up into three phases, with Phase 1 of the levee trail (the portion from Port Royal Avenue to Shorebird Park) which opened on March 27, 2023, Phase 2 (from Shorebird Park to the San Mateo Bridge) which opened on July 15, 2023, and Phase 3 of the levee (from the San Mateo Bridge to the northerly City Limits) which opened on October 6, 2023.
The design team lead by Schaaf and Wheeler included the structural engineer (Biggs Cardosa Associates), geotechnical engineer (ENGEO), surveyor (Wilsey Ham), landscape architect (Bellinger-Foster-Steinmetz), and environmental regulatory permitting team (Huffman Broadway Group). Schaaf and Wheeler had an integral role in the project for the last 9 years from project inception to completion, performing studies on the City’s flood risk, coordinating with FEMA and other agencies, preparing base maps, performing geotechnical investigation for design development, assisting with environmental regulatory permitting acquisition, preparing reports to prepare CEQA documents, preparing the plans and specifications for construction, and providing construction support services during construction. TPI provided construction management support services which included day- to-day inspection beginning in 2020. RGS provided program advisor support for staff during construction beginning in 2020.
The Project achieved a major flood protection milestone on July 19, 2023, by completing the construction of all the flood protection elements required for the project. Schaff & Wheeler prepared the required submittals to FEMA to meet the accreditation necessary for updating flood insurance rate maps (FIRM). The City’s Flood Plain Administrator signed off on the submittals in early January 2024. The package was submitted in February 2024 and the documents are currently under FEMA’s review.
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8 During the project a total of forty-two (42) contract change orders (CCOs) were issued, totaling $11,786,652.81. Per the City Council’s direction, all CCOs in excess of $250,000 were brought forward for the City Council’s review and approval. The majority of the costs were related to the following change orders and are summarized below:
•CCO #8 ($439,963.41) addressed the acquisition of steel sheet piles and installation of a coffer dam to provide flood protection while the concrete floodwall 19 was constructed;
•CCO #10 ($932,030.15) Additional rebar, materials, and labor were required to increase the width of the concrete cap to account for the deviations in the sheet pile wall installation;
•CCO #11 ($3,194,181.56) Construction of a portion of the levee wall within Phase 1 adjacent to the O’Neill slough could not be constructed as a sheet pile wall, as bid.
After value engineering, it was determined construction of a concrete flood wall would be the best and most cost-effective solution;
•CCO #20 ($347,422.78) Due to the close proximity of environmentally sensitive habitat and wetlands on the landside of the portion of the levee north of the San Mateo Bridge, the drainage systems to be installed required modification. CCO #20 provided for the rental for smaller equipment to access the more confined work area and provide for raised drain elevations as required based on the field conditions to avoid encroaching on sensitive habitat and wetlands;
•CCO #26 ($2,809,766.91) addressed modifications to accessibility identified by the City’s Certified Access Specialist (CASp) in summer 2021, which resulted in revised stairways, ramps, paths, and associated features to provide more ADA accessible access points and paths of travel throughout the project. It also included the addition of controlled density fill (CDF) at some locations to offset and balance the use of the lightweight cellular concrete (LCC) as backfill material. In areas where the density of the LCC was too light, the addition of CDF would ensure there was adequate weight behind certain sheet pile wall sections without placing undue lateral pressure on the block retaining walls;
•CCO #31 ($3,193,635.92) provided for an incentive payment to the contractor to accelerate construction of the project and establish three phased reopening dates for the levee trail. It also settled disputed contractor claims for loss of productivity and inefficiencies through February 1, 2023 arising from CCO’s #18, #22, and #26. It further settled and negotiated 41 additional outstanding non-formalized contract change orders. As a result, the contractor agreed to waive and release all claims for costs or impacts arising out of or related in any way to those 41 items. ($126,000 in fines were assessed to Shimmick and withheld in CCO #42 for missing the milestone 2 target date); and
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8 •CCO #37 ($285,000) provided for additional labor and materials to remove the sheet piles at Baffin and Egress Bridges, provide slope stabilization at both access locations, to restore the tidal action in the slough as required by the regulatory permits for the project.
Given that Shimmick has completed its work in conformance with the contract documents, it is recommended that the City Council accept the work and direct the City Clerk to file the Notice of Completion.
There are a number of post-construction activities that will need to be completed following construction over the next few years. These include completing the easement acquisitions at the various access points of HOA properties; irrigation and landscaping repair and adjustments at adjacent HOAs; obtaining FEMA accreditation; three (3) years of environmental monitoring; one (1) year of corrosion monitoring of the sheet pile wall (to establish an ongoing maintenance plan); and ongoing plant maintenance.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
An Environmental Impact Report was prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012). The services that will be provided under this Amendment were contemplated as part of the Project that was considered in the EIR.
FISCAL IMPACT
The following is the project expenditure summary:
Project Budget
Bond Measure/Bonds Issued $90,000,000.00
City CIP Funds appropriated to Project $ 5,000,000.00
Total Approved Budget $95,000,000.00
Construction Contract Expenses
Construction Base Contract – Shimmick $60,218,000.00
CCO #1 – #42 – Extra Work & Quantity Adjustment Change
Orders
$11,786,652.81
Total Construction Contract $72,004,652.81
Other Project Related Expenses
Construction Manager (TPI) (2020–2024) $ 9,585,087.81 Design Team (Schaaf & Wheeler, HBG, ENGEO, BCA, BFS) –
Phases 1, 2, and 3 (2015-2024)
$ 8,097,825.00
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8 Miscellaneous Expenses (Outreach, Permitting fees and assistance, EIR assistance, legal, Surveying, Project Advisor, bond consultants, ballot consultants, etc.) $ 2,900,000.00 Total Project Expenses to date $92,587,565.62
Project Budget Balance $ 2,412,434.38
Anticipated Post Construction Projected Expenditures (FEMA accreditation, Property Acquisition, 3-year Environmental Monitoring, Year 1 Corrosion Monitoring, Landscape and Irrigation restoration at HOAs, 1-year Plant Maintenance period, legal, etc.) $ 1,200,000.00 Anticipated Final Project Budget Balance $ 1,212,434.38 The contract work has been completed and the NOC can now be filed. Council action on May 6 will establish the official date of completion of the work performed by Shimmick, formalizing the City’s acceptance of the contract work and allowing final payment to the contractor be made. The project budget balance (unused funds) will be returned to the General Fund. The Levee Bond Oversight Committee held their last meeting on April 25, 2024, and concluded that the project Bond expenditures are in compliance with the requirements of Measure P and will present a final report to the City Council at an upcoming meeting.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:
Attachment 1 – Resolution
Attachment 2 – Notice of Completion