BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Adopt Plans and Specifications and Authorize Advertisement for Bids for San Francisquito Creek Mitigation Planting and Establishment Maintenance Project, Project No. 26284002, Contract No. C0644 (Palo Alto) (District 7).
End
RECOMMENDATION:
Recommendation
A. Adopt the Plans and Specifications and Authorize Advertisement for Bids for San Francisquito Creek Mitigation Planting and Establishment Maintenance Project, Project No. 262840002, Contract No. C0644, per the Notice to Bidders; and
B. Authorize the Designated Engineer to issue addenda, as necessary, during bidding.
Body
SUMMARY:
Construction of the San Francisquito Creek Flood Reduction, Ecosystem Restoration, and Recreation San Francisco Bay to Highway 101 (Bay-101) Project, which extends approximately 1.5 miles from San Francisco Bay upstream to East Bayshore Road and Highway 101, was completed in December 2018. The Project increased the Creek’s capacity by excavating sediment deposits within the channel, rebuilding and setting back levees to widen the channel, and constructing floodwalls. In addition, major Bay-101 Project elements include expanded and improved tidal marsh habitat for endangered species in the Project area and adjacent Faber Marsh, and improvement of public access trails.
The Project owner is the San Francisquito Creek Joint Powers Authority (SFCJPA), of which the District is one of five member agencies. In December 2015, the SFCJPA and the District entered into a Construction Management Agreement which
designated the District as the entity responsible for managing Project construction. The flood protection elements of the Project have been built. The remaining scope consists of plant installation followed by a plant establishment and maintenance period; the District is now proceeding to bid and award this work.
In mid-2018, it was determined that the Bay-101 Project construction contractor’s landscaping subcontractor, responsible for tidal marsh/mitigation planting and three years of establishment maintenance, had not worked in tidal marsh environments before and was not prepared to perform the work under the conditions that would be present after construction namely, without vehicle access on the new marsh surface, in muddy and periodically wet conditions. District staff has expertise in habitat mitigation and monitoring, and will oversee the contractor’s creation of tidal marsh habitat in the Project area, most of which is required mitigation.
Also, staff determined that delaying the tidal marsh planting in the Project area from October/November 2018 until March/April 2019 would reduce the risk of plant loss from high flows and tides during the winter. This circumstance was experienced on another District project in early winter 2017, where plantings in a riverine tidal marsh in October were washed away during the first higher flows in November. To resolve these concerns, staff and the construction contractor agreed to a deductive change order to remove the Mitigation Planting and Establishment Maintenance scope of work from the current Project and repackage this work as a separate construction contract. The bid documents require contractors to demonstrate relevant experience with planting and plant maintenance in riverine and tidal marsh environments to ensure they are qualified to perform the work.
Outreach to Bidders
As part of the District’s customary small and local business outreach, the following routine steps will be taken: the Notice to Bidders (Attachment 1) will be sent to 20 minority business Chambers of Commerce and small business groups. In addition, the Notice will be sent to certified small business contractors and local and regional firms that have the appropriate license for this type of work. The Notice will also be provided to the Santa Clara and San Benito Counties Building and Construction Trades Council, which maintains contacts with approximately 100 Business Agents and Organizers. The Business Agents and Organizers send out to their Contractors and Building Construction and Trades Council.
Board Adoption of Plans and Specifications and Addenda Authorization
Board adoption of plans and specifications and Board authorization to advertise is recommended in order to proceed to bid the San Francisquito Creek Mitigation Planting and Establishment Maintenance Project. Authorizing the Designated Engineer to issue addenda during the bidding allows for modifications to the construction Contract Documents, if necessary, during the bidding period and before the contract is awarded.
Relevant Prior Board Action(s)
On June 10, 2014, the District Board approved the Agreement for Funding Construction of the San Francisquito Creek Flood Reduction, Ecosystem Restoration, and Recreation Project. Parties to the Agreement include the County of San Mateo and all JPA member entities, as well as the JPA.
On June 14, 2016, the Board awarded the Construction Contract of the San Francisquito Creek Flood Reduction, Ecosystem Restoration, and Recreation Project to Teichert Construction.
Public Outreach
A variety of public outreach tactics were employed before and during construction of the Bay-101 Project. The District will continue to coordinate public outreach and communication with the JPA and its member agencies during the Mitigation Planting and Establishment Maintenance. The JPA will continue to serve as the main Project contact for the community and media. On-site signs with information about the Project that were used during flood protection construction will be retained or reinstalled during the Mitigation Planting work.
Next Steps
If the Board approves the recommendations, staff will proceed to advertise for bids for the San Francisquito Creek Mitigation Planting and Establishment Maintenance Project. The next Board action would be award of the contract, tentatively scheduled for February 26, 2019. If a construction contract is awarded, it may create or sustain approximately 8-15 jobs in the community over the approximately three-year contract period.
FINANCIAL IMPACT:
The estimated construction contract cost for the San Francisquito Creek Mitigation Planting and Establishment Maintenance Project is between $0.6 million and $0.8 million. A budget adjustment will be necessary to fund this construction, including contingency and construction management. The budget adjustment will be brought to the Board for approval at the time of construction contract award. This Project is part of the larger San Francisquito Creek project included in the Safe Clean Water Program.
CEQA:
On June 10, 2014, the Board considered the Environmental Impact Report (EIR) prepared by the JPA and adopted a Resolution Making Findings of Fact and a Statement of Overriding Considerations regarding the EIR for the San Francisquito Creek Flood Reduction, Ecosystem Restoration, and Recreation Project and adopted a Mitigation Monitoring and Reporting Program.
On August 25, 2015, the Board considered an addendum to the certified EIR and approved the San Francisquito Creek Flood Reduction, Ecosystem Restoration, and Recreation Project changes.
The previously adopted EIR and approved changes cover the Mitigation Planting and Establishment Maintenance work and no other CEQA compliance actions are necessary for this work.
ATTACHMENTS:
Attachment 1: Notice to Bidders
Attachment 2: Process Delivery Chart
UNCLASSIFIED MANAGER:
Manager
Ngoc Nguyen, 408-630-2632