BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☒ No ☐
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Approve Agreement No. A5752A with Stillwater Ecosystem, Watershed & Riverine Sciences for Guadalupe River Mitigation and Monitoring Water Years 2026-2029, Project No. 30151026, PB File No. VW0643, for a Not-to-Exceed Amount of $1,063,284.
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RECOMMENDATION: Recommendation
Approve Agreement No. A5752A with Stillwater Ecosystem, Watershed & Riverine Sciences for Guadalupe River Mitigation and Monitoring Water Years 2026-2029, for a Not-to-Exceed Amount of $1,063,284.
Body
SUMMARY:
The permit-required annual monitoring of the mitigation for the Guadalupe River flood projects (the Downtown Project and Upper Guadalupe River Project) includes numerous monitoring indicators/methods and locations, as well as an annual Adaptive Management Team (AMT) meeting with the permitting agencies and regional environmental organizations. The amount of monitoring required each water year, which requires a high intensity of field work in July-October, exceeds Santa Clara Valley Water District (Valley Water) staff capacity and, as a result, has been contracted out since monitoring began in the early 2000s. Although efforts are made each year to streamline monitoring requirements, a consultant continues to be needed to ensure the annual monitoring, reporting, and AMT process is completed on schedule and the associated regulatory process is complied with. In addition, it has been instrumental to have a consultant facilitate frequently contentious discussions with the AMT and provide supplemental technical expertise.
Valley Water and the U.S. Army Corps of Engineers constructed the downtown and upper Guadalupe River flood projects to provide flood protection from Alviso upstream to approximately Blossom Hill Road in southern San Jose (not all reaches for the upper project have been constructed). In addition, mitigation for the downtown project was constructed on Guadalupe Creek from Almaden Expressway to Masson Dam, and the Upper Guadalupe River Project permits required the construction and monitoring of the Aquatic Habitat Improvement Project between Highway 280 and the Union Pacific Railroad Bridge. The mitigation monitoring program, required by the projects’ regulatory permits, was developed to assess success of the mitigation efforts and requires performing monitoring and data analysis for fisheries, vegetation, and geomorphology.
A mitigation monitoring report (MMR) is prepared annually and submitted to the projects’ AMT by March 30 of each year for review. The AMT comprises Valley Water and resource agencies including the Corps (Valley Water’s project partner and co-permittee), U. S. Fish and Wildlife Service, National Marine Fisheries Service, San Francisco Bay Regional Water Quality Control Board, California Department of Fish and Wildlife, City of San Jose, and environmental organizations represented by the Water and Power Law Group. The AMT reviews and comments on the MMR and discusses and votes on recommendations and remedial actions at an annual meeting. Since the projects are adaptively managed by the AMT, decisions are made based on each year’s monitoring results then changes to the permit-specified monitoring protocols can occur.
Consultant Selection Process
Prior to publishing the RFP, staff conducted outreach to 734 firms registered under the relevant National Institute of Governmental Purchasing (NIGP) Category Codes within Valley Water’s Procurement Portal, PlanetBids (PB). The targeted category codes for this solicitation included: 90775 - Site Assessment And Site Field Observation, 91800 - Consulting Services, 91812 - Analytical Studies And Surveys (Consulting), 91843 - Environmental Consulting, 92600 - Environmental And Ecological Services, 95825 - Conservation/Resource Management Services, 95897 - Wildlife/Fish Management Services (Including Endangered Species And Wildlife Census), and 91872 - Lakes, Rivers, and Other Waterway Management Consulting Services. Staff also issued advertisements in the San Jose Post and SBEINC.com prior to publishing the RFP.
On November 11, 2025, staff published a Request for Proposals (RFP) for the Guadalupe River Mitigation Monitoring Program Water Years 2026-2029.
On January 6, 2026, Valley Water received a proposal from one (1) consultant firm, Stillwater Ecosystem, Watershed & Riverine Sciences (“Stillwater Sciences”).
An Evaluation Committee (EC), consisting of three Valley Water staff members with relevant subject-matter expertise, evaluated and ranked the written proposal. Based on the technical proposal rating score, EC determined that Stillwater Sciences has demonstrated strong qualifications, technical approach, and understanding of the scope of services. EC recommends proceeding into contract negotiations with Stillwater Sciences.
Negotiations with Stillwater Sciences have been completed successfully. Staff recommends Board approval of the Standard Consultant Agreement with Stillwater Sciences to provide Guadalupe River Mitigation Monitoring Water Years 2026-2029 for a total not-to-exceed fee of $1,063,284.
Consultant Agreements and Scope of Services
The scope of services and the required tasks and budget to perform the services are for a “not-to-exceed” amount of $1,063,284.
Consultant will perform permit-required environmental monitoring and reporting services for the downtown and upper Guadalupe River flood projects for four years (Water Years 2026-2029).
ENVIRONMENTAL JUSTICE IMPACT:
There are no Environmental Justice Impacts associated with this item.
FINANCIAL IMPACT:
The Guadalupe River Mitigation Monitoring Program, Project No. 30151026 is included in the Adopted FY 2026-27 budget. There are adequate funds in the Project’s Adopted FY 2026-27 budget and Proposed FY 2027-28 budget to encumber the Agreement’s total not-to-exceed compensation limit of $1,063,284. The project is funded by the Watershed and Stream Stewardship Fund (Fund 12).
CEQA:
The recommended action to approve the Agreement does not constitute a project under the California Environmental Quality Act (CEQA) because it does not have the potential to result in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment A: Gov. Code 84308
Attachment 1: Agreement
UNCLASSIFIED MANAGER: Manager
John Bourgeois, 408-630-2990