BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Adopt Plans and Specifications and Authorize Advertisement for Bids for Construction of the Stevens Creek Evelyn Fish Passage Project, under the Watersheds Asset Rehabilitation Program, Project No. 62084001, Contract No. C0708 (Mountain View, District 7).
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RECOMMENDATION: Recommendation
A. Adopt the Plans and Specifications and Authorize Advertisement for Bids for Construction of the Stevens Creek Evelyn Fish Passage Project per the Notice to Bidders; and
B. Authorize the Designated Engineer to issue addenda, as necessary, during the bidding process.
Body
SUMMARY:
The Stevens Creek Evelyn Fish Passage Project (Project) aims to restore fish-passage along Stevens Creek between Evelyn Avenue and Central Expressway. The Project will consist of reconstructing the eroded channel bed and addressing existing creek bank failure as well as implementing additional enhancements to the Stevens Creek bypass culvert. The Project is estimated to take two (2) years to complete, with the work in the channel limited to the summer construction season of June 15 to October 15 each year. The Project construction cost is estimated to be between $5 million and $7 million and is proposed to be implemented under the Stream Maintenance Program 2 (SMP-2) permit.
Background
As stewards of Santa Clara County’s watersheds and hundreds of miles of streams, Santa Clara Valley Water District (Valley Water) administers the Stream Maintenance Program (SMP) to ensure streams, flood control channels, and related facilities function properly. Valley Water owns and manages approximately 333 miles of streams and channels. Routine maintenance is necessary to reduce flood risks, ensure structural integrity, enhance ecologic function, and improve public safety. Maintenance activities are prioritized and scheduled based on several factors including Board policies; condition assessments; stream maintenance guidelines; regulatory permit requirements; county and municipal code compliance; and Valley Water’s Safe, Clean Water and Natural Flood Protection Program commitments.
Valley Water first established the SMP in 2001 (SMP-1) and later updated it in 2011 (SMP-2). The environmental impact report (EIR) for SMP-1 was certified in 2002 and a supplemental EIR (SEIR) for SMP-2 was certified in 2012. One of the many projects implemented under the SMP-2 was the Evelyn Bridge Fish Passage Project (Project No. 26042002) in the year 2015 (2015 Evelyn Project). This project was constructed on Stevens Creek between Evelyn Avenue and Central Expressway as a required mitigation project for SMP-2, in response to a National Marine Fisheries Service (NMFS) 2013 Biological Opinion. Stevens Creek is part of the Lower Peninsula Watershed and supports a population of steelhead (Oncorhynchus mykiss) that are listed as threatened under the Endangered Species Act.
Soon after construction, several flood events in 2016 and 2017 eroded nearly all the streambed material. Following these events, the fishery agencies deemed this location of the creek ineffective for fish passage, thus holding Valley Water non-compliant with the SMP-2 mitigation action.
Furthermore, Valley Water is currently in the process of updating the SMP to include modifications to maintenance techniques and activities, work limits, best management practices, mitigation approaches, and mitigation monitoring, among other things. The updated program reflects lessons learned, mitigation feasibility, and represents a collaborative dialogue with regulatory agencies and stakeholders. Rehabilitation and rebuild of the 2015 Evelyn Project is being required as part of the condition of issuance of SMP-3 permits, which will cover Valley Water’s stream maintenance from 2027-2036.
Discussion
Staff started planning of the rehabilitation project for the 2015 Evelyn Project in June 2022 and the scope and conceptual plan was developed for implementation as part of the Watershed Asset Rehabilitation Program (WARP) as the Stevens Creek Evelyn Fish Passage Project (Project).
The Project consists of three main project elements.
• First, the Project will reconstruct the channel bed with engineered streambed materials and large rock to restore fish passage through a set of eight chutes and seven pools. An existing creek bank failure along the west bank downstream of Evelyn Avenue will be flattened and stabilized with large rock.
• Second, two rootwad structures will be installed to enhance instream habitat for fish and enable upstream passage.
• Third and last, an existing boulder weir that regulates the high creek flows to the Stevens Creek bypass culvert will be rebuilt to more reliably retain lower creek flows in the main channel for fish passage and then overflow to the bypass culvert to convey higher flows.
Since most of the work is in the channel, work windows will be limited to dry season and thus will take two years to complete. The work is being proposed as part of the 2025 SMP work plan to be submitted for regulatory agencies approval, which is anticipated to be received by June 2025.
Relevant Prior Board Actions
On January 24, 2012, the Board certified the Supplemental Environmental Impact Report (SEIR) for the Stream Maintenance Program - 2 (SMP 2).
Rights-of-Way
Construction access and staging will take place within Valley Water existing right-of-way and properties owned by the County of Santa Clara, City of Mountain View (City), and Peninsula Joint Powers Board (JPB). Staff anticipates receiving a license agreement from the City before awarding the construction contract. The license agreement and right of entry permit with the JPB is anticipated in Summer of 2025. The construction work will be phased so that work within the JPB right of way will commence after approval and execution of these permits and agreements.
Staff will update the Board on the progress of these permits and status of agreements when the Project’s construction contract is presented for the Board’s consideration.
Permits
This Project will be implemented using the Stream Maintenance Program 2 (SMP-2) Permits. To comply with the SMP-2 permit requirements, this work will be conducted during the summer instream working season (June 15 - October 15).
Staff have obtained a bid-only Excavation Permit from the City of Mountain View and a bid-only encroachment permit from the County of Santa Clara. The contractor will be required to obtain final encroachment permits from the City, County, and the JPB.
Pre-Qualification of Bidders
Due to the sensitive nature of the work and specialty construction related to fish habitat creation and natural channel construction, Staff concluded that the Project meets the requirements of Valley Water’s process for “Contractor Prequalification Determination for CIP Projects”. Pre-qualification of Bidders for the Project was conducted in compliance with Public Contract Code Section 20101. The Notice to Bidders for the pre-qualification process was sent to the following recipients: 26 plan rooms, 83 minority businesses, 44 Chambers of Commerce, as well as small business groups, certified small business contractors, and local and regional firms that have the appropriate license for this type of work, and the Santa Clara and San Benito Counties Building and Construction Trades Council, which maintains contacts with at least 1048 contractors and 70 union representatives, for distribution to their members. The total number of entities notified in PlanetBids was 1005.
Staff held a mandatory pre-submittal meeting on October 29, 2024, virtually to present the project scope to interested contractors. A total of 73 representatives attended the pre-submittal meeting, including 44 contractors. Eleven responses were received and evaluated by Staff based on comparable experience, reviews by past clients, and financial reports. Ten firms were pre-qualified to proceed to bid and were notified. (Attachment -1). These ten contractors are:
1. A. Teichert & Son, Inc.
2. Ghilotti Construction Company, Inc.
3. Gordon N. Ball, Inc.
4. Granite Construction Company
5. Granite Rock Company
6. Hanford Applied Restoration & Conservation
7. McGuire and Hester
8. Odin Environmental Solutions, LLC
9. Stacy and Witbeck, Inc.
10. Suulutaaq, Inc.
Only the above prequalified contractors are eligible to submit bids for the Project.
Board Adoption of Plans and Specifications and Addenda Authorization
Board adoption of plans and specifications and Board authorization to advertise is recommended to proceed to bid the Project for construction. Authorizing the Designated Engineer to issue addenda during the bidding period allows for modifications to the construction Contract Documents, if necessary, during the bidding period and before the contract is awarded.
Public Outreach
Staff has coordinated with the City of Mountain View, the County of Santa Clara, PG&E, and the Joint Powers Board (Caltrain) for the planned implementation of the Project.
Before beginning construction, Valley Water will inform the surrounding neighborhood by conducting a pre-construction meeting to inform residents about the Project and potential construction impacts. A mailer and social media will be used to reach out to neighbors, and construction signs will be installed at the Project site.
Next Steps
If the Board approves the recommendations, staff will proceed to advertise for bids for Project construction. Staff anticipates recommending the Board award the construction contract in June 2025. The Project Delivery Process Chart (Attachment 3) highlights the current Project phase and the staff recommendations before the Board.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
There are no environmental justice and equity impacts anticipated with the Stevens Creek Evelyn Fish Passage Project. This action is unlikely to result in adverse impacts and is not associated with an equity opportunity.
FINANCIAL IMPACT:
The Project is included under the Watershed Asset Rehabilitation Program (WARP), Project No. 62084001. The WARP is included in the Five-Year FY2025-2029 Capital Improvement Program (CIP). The estimated cost of construction for the Project is between $5 million and $7 million. There are adequate funds in the Board-adopted FY2024-25 budget to encumber funds for Project construction. The funding source for the Project is the Watersheds Stream Stewardship Fund 12.
CEQA:
Valley Water is the lead agency under the California Environmental Quality Act for implementation of the Project. The Project is covered under the Stream Maintenance Program Update (SMP-2), 2014-2026 and the Supplemental Environmental Impact Report for the Stream Maintenance Program was certified by the Board on January 24, 2012.
ATTACHMENTS:
Attachment 1: Map
Attachment 2: Notice to Bidders
Attachment 3: Project Delivery Process Chart
Attachment 4: Plans
Attachment 5: Specifications
UNCLASSIFIED MANAGER: Manager
Bhavani Yerrapotu, 408-630-2735