BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Adopt Plans and Specifications and Authorize Advertisement for Bids for the Bolsa Road Fish Passage Improvements Project, Project No. 26044002, Contract No. C0656, (Gilroy) (District 1).
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RECOMMENDATION:
Recommendation
A. Adopt Plans and Specifications and authorize advertisement for bids for construction of the Bolsa Road Fish Passage Improvements Project, per the Notice to Bidders; and
B. Authorize the Designated Engineer to issue addenda, as necessary, during the bidding process.
Body
SUMMARY:
The purpose of the Bolsa Road Fish Passage Improvements Project (Project) is to restore fish passage at the Union Pacific Railroad (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 is being accomplished through development of a geomorphically designed project, restoring the creek invert to historic elevation and thereby providing fish passage. Since the Project meets both fish passage and geomorphic restoration goals, it will be funded by two projects in the Safe, Clean Water and Natural Flood Protection (Safe, Clean Water) Program. The two projects are Project D4 - Fish Habitat and Passage Improvements and Project D6 - Creek Restoration and Stabilization.
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.
The Project consists of a series of roughened riffles with pools and glides in between. Its overall length is 1,700 feet at an overall slope of 0.5 percent to overcome a grade change of 7½ vertical feet. The riffles are 40 feet long and drop 1 foot at approximately 4 percent slope. Downstream of each riffle is a pool and glide that has a length of 52 to 54 feet. The pool bottoms are 2 feet below the next downstream riffle crest. In total, there are ten riffles and nine pools. Two riffles downstream of the ninth pool are intended to provide additional stability of the channel bed. The modified channel would extend approximately 1,700 linear feet downstream of the UPRR Bridge.
Background:
Uvas Creek is a designated steelhead stream that originates on the eastern slopes of the Santa Cruz Mountains west of the city of Morgan Hill and is part of the larger Pajaro Watershed. Steelhead in the Pajaro system constitute the South-Central Coast Distinct Population Segment (DPS), formally Ecologically Significant Unit (ESU), and was listed as threatened in 1997 under the Endangered Species Act by the National Marine Fisheries Service (NMFS).
The UPRR crossing of Uvas Creek at Bolsa Road has long been considered the most critical fish passage barrier in the Uvas Creek watershed. The site currently has a Denil-style fishway, which was originally installed by the Federation of Fly Fishers in 1982. The current ladder configuration does not meet fish passage criteria and channel conditions have changed since the installation of the ladder. Denil fish ladders are typically not used as permanent fish passage facilities in the Pacific Northwest due to the limited operating range and vulnerability to debris blockages.
The design phase included an evaluation of a number of variables to select an appropriate fishway design. These variables included: species and age class to be passed; hydraulic analysis of channel; degree of flow control available; and dependability and cost of operations and maintenance.
The design phase included consultation with resource agencies with a vested interest in the Project. Fish passage professionals from NMFS as well as the California Department of Fish and Wildlife were solicited for input into design specifications and fish passage criteria. The design process also included consultation with the UPRR to ensure that modifications of the channel would not adversely affect the current operation of the railroad facility.
Valley Water has received all necessary permits to construct the Project. Permits have been issued by the U.S. Army Corps of Engineers, Central Coast Regional Water Quality Control Board, and California Department of Fish and Wildlife.
Outreach to Bidders
Although no small business enterprise financial preference will be available for this contract award, the following routine steps will be taken for Valley Water’s customary small and local business outreach: the Notice to Bidders (Attachment 1) will be sent to 20 minority business Chambers of Commerce and small business groups and 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.
Small Business Outreach Program
In 2004, the Board of Directors adopted District Ordinance 04-01 Small Business Program Outreach. The ordinance established procedures for contracting for professional services to encourage and promote maximum participation of small business enterprises (SBE) as defined by the California Department of General Services; established a SBE participation preference of 5%; and established non-SBE firms subcontracting preference of 3-5% based upon achieving 30-50% SBE participation levels.
In January 2019 Public Contract Code (PCC) section 2002, which addresses small business enterprise financial preferences for public works contracts, was amended. Changes to the code established; a financial cap of $150,000 dollar maximum limit on how public agencies shall now apply a preference; increased the maximum preference from 5%-7%; and requires every local agency that offers a SBE financial preference, prior to offering a preference, to adopt a procurement policy that must include certain required provisions.
In January 2020, it was brought to the attention of the newly-appointed Deputy Administration Officer, that the above changes to the code had not been implemented, in particular, no new policy had been drafted and approved by the board, and such action was necessary if the board desired to continue providing a SBE financial preference in public works contracting. Staff is currently working on developing a draft SBE procurement policy and revised procedures to establish new SBE preference and goal recommendations for the board to consider.
In the meantime, there are two projects (Bolsa Road Fish Passage and Pacheco Pumping Plant Fire Protection Improvements) that are time-sensitive to award. Staff recommends proceeding with bid advertisement and contract award for the Bolsa Road Fish Passage (this agenda item), removing the district’s current SBE financial preference process.
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Staff will proceed with drafting a SBE financial preference policy consistent with the newly revised PCC 2002 requirements and anticipate submitting to the board for consideration a recommendation of the SBE procurement policy preference and goals in March 2020 to allow the preference and goals to be applied to future projects.
Next Steps
Upon Board approval of the recommendations, staff will proceed to advertise for bids for construction of the Project. The next Board action would be award of the contract, tentatively scheduled for April 28, 2020.
FINANCIAL IMPACT:
The estimated construction contract cost for the Bolsa Road Fish Passage Improvements Project is between $3 million and $4 million. The FY 20 Project budget has $2 million in available funding, and an additional $2 million will be recommended for approval in the FY20 board-approved budget. Funding for construction will be accounted for in Safe, Clean Water Project D4 - Fish Habitat and Passage Improvements and Project D6 - Creek Restoration and Stabilization.
CEQA:
This project is exempt from CEQA review pursuant to CEQA Guidelines Section 15333 which exempts projects not exceeding five acres in size that are proposed for maintenance, restoration, enhancement, or protection of habitat for fish, plants, or wildlife.
ATTACHMENTS:
Attachment 1: Notice to Bidders
Attachment 2: Project Delivery Process Chart
Attachment 3: Location Map
UNCLASSIFIED MANAGER:
Manager
Ngoc Nguyen, 408-630-2632