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 the Anderson Dam Seismic Retrofit Project, Coyote Percolation Dam Phase 2 Project, Project No. 91864011, Contract No. C0720 (San Jose, District 1).
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RECOMMENDATION: Recommendation
A. Adopt Plans and Specifications and Authorize Advertisement for Bids for the Construction of the Anderson Dam Seismic Retrofit Project, Coyote Percolation Dam Phase 2 Project per the Notice to Bidders; and
B. Authorize the Designated Engineer to issue addenda, as necessary, during the bidding process.
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SUMMARY:
Santa Clara Valley Water District (Valley Water) is undertaking the Anderson Dam Seismic Retrofit Project (ADSRP), including seismic retrofit components and associated conservation measures. One of the conservation measure components to be implemented as part of ADSRP is the Coyote Percolation Dam Phase 2 Project (Project). The Project is intended to build upon the recently completed Phase 1 Coyote Percolation Dam Replacement Project. The Phase 1 Coyote Percolation Dam Replacement Project was completed as part of the Federal Energy Regulatory Commission (FERC) Order Compliance Project (FOCP). The Phase 1 Coyote Percolation Dam Replacement Project included replacing the steel flashboard dam with an inflatable bladder dam, which improves operational flexibility and safety during high flow events.
The Project involves the construction of a new fish passage lane, improvements for lamprey upstream passage of the fish ladder, installation of grade control features, and replacement of one of the two radial gates with a crest gate.
Project Background
Anderson Dam is under the jurisdiction of FERC and California Department of Water Resources, Division of Safety of Dams (DSOD) and must meet their dam safety design standards. FERC has jurisdiction over Anderson Dam safety measures and operations due to licensing a small hydroelectric facility on this reservoir.
Pursuant to FERC’s authority, for public health and safety reasons, on February 20, 2020, Santa Clara Valley Water District (Valley Water) received an Order from FERC to immediately implement the following interim risk reduction measures: (a) immediately lower and maintain the reservoir operating level no higher than elevation 565 feet; (b) lower the reservoir to elevation 488 feet (deadpool) beginning no later than October 1, 2020, as safely and quickly as possible and maintain deadpool to the extent feasible; (c) immediately design and construct the low-level outlet tunnel (Anderson Dam Tunnel) to more reliably and quickly drawdown the reservoir after an earthquake and/or to better maintain deadpool during significant precipitation; and (d) implement the dam safety directives, including design and construction of the proposed low-level outlet, while securing alternative water supplies and working with FERC staff, and federal, state and local resource agencies to minimize environmental effects.
Pursuant to FERC’s Order, Valley Water immediately restricted the reservoir operating level to elevation 565 feet; began defining the interim risk reduction measures; and initiated emergency consultation processes regarding adverse environmental impacts of these interim risk reduction measures with the regulatory agencies, as appropriate.
The FOCP is a set of proposed interim risk reduction measures as set forth in the FERC Order during the interim time period prior to construction and operation of the Anderson Dam Seismic Retrofit Project (ADSRP). The FOCP consists of four broad categories of actions. The Coyote Percolation Dam Replacement is part of Category IV. Avoidance and Minimization Measures.
The Phase 1 Coyote Percolation Dam Replacement Project replaced the existing flashboard dam with an inflatable bladder dam that could quickly be raised when flows are low (to facilitate percolation) and then lowered to allow higher flows to pass safely. The Phase 1 Coyote Percolation Dam Replacement Project was completed in July 2025.
For the second phase at the Coyote Percolation Dam facility, Valley Water will construct the Project as part of ADSRP. The Project is included as a conservation measure component to enhance fish passage through the Coyote Percolation Dam facility. The Project will build upon the Phase 1 Coyote Percolation Dam Replacement Project and provide fish passage enhancement at the Coyote Percolation Dam facility. The Project will construct a fish passage lane, improve lamprey passage, install grade control features, and replace of one of the two radial gates with a crest gate.
Board Adoption of Plans and Specifications and Addenda Authorization
Board adoption of plans and specifications, and Board authorization to advertise are recommended to proceed with bidding the Project for construction. Authorizing the Designated Engineer to issue addenda during the bidding period allows modifications to the construction Contract Documents, if necessary, before the contract is awarded.
Relevant Prior Board Actions
On June 9, 2020, the Board adopted Resolution No. 20-57, setting the time and date for the public hearing on the Engineer’s Report and California Environmental Quality Act (CEQA) exemption determination for the FOCP, which included Phase 1 Coyote Percolation Dam Replacement Project.
On June 23, 2020, the Board approved the CEQA emergency exemption determination for the FOCP, adopted the Resolution approving the Engineer’s Report for the FOCP, and approved the Phase 1 Coyote Percolation Dam Replacement Project.
On October 10, 2023, the Board approved Agreement No. A4932A with Stillwater Sciences for planning and permitting services to provide planning, permitting, and design support for conservation measures. This agreement also included support for the federal Endangered Species Act Section 7 consultation for fisheries resources, biological monitoring of fisheries resources for FOCP environmental compliance, and general environmental support services for fisheries resources topics, as needed.
On October 10, 2023, the Board approved Agreement No. A4933A with H.T. Harvey and Associates to provide permitting services. This agreement includes planning and permitting support for conservation measures. Additionally, it encompasses assistance with the federal Endangered Species Act Section 7 consultation concerning fisheries resources, biological monitoring for compliance with FOCP environmental regulations, and general environmental support services related to biological resource topics, as needed.
On February 11, 2025, the Board adopted a resolution setting the date and time for the Public Hearing on the Final Environmental Impact Report (EIR) and Engineer’s Report for ADSRP, to be held on February 25, 2025. The Project was covered and included in the Final EIR and Engineer’s Report for ADSRP.
On February 25, 2025, the Board certified the Final EIR and adopted the Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of Overriding Considerations, approved the Engineer’s Report for the ADSRP, and approved ADSRP as described in the Final EIR’s Fish and Aquatic Habitat Collaborative Effort-plus modified Alternative as the Project for Implementation. The Project was included and analyzed in the adopted ADSRP Final EIR and approved Engineer’s Report.
Outreach to Bidders
The Notice to Bidders (Attachment 2) will be sent to the following recipients: 18 Plan Centers and Builders Exchanges, 33 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 County Building and Construction Trades Council, which maintains contacts with at least 1,048 contractors and 70 union representatives. The total number of entities to be notified utilizing PlanetBids is 1413.
Rights-of-Way
All rights-of-way necessary for this Project have been secured. The Project is being constructed on Valley Water property, and with land rights obtained from the County of Santa Clara.
Public Outreach
Staff has coordinated with the County of Santa Clara regarding the planned implementation of the Project.
Prior to construction, Valley Water will notify the surrounding neighborhood of the upcoming work and potential construction impacts. Outreach will include a mailed notice, social media posts, and construction signage at the Project site. Residents and park visitors will be informed of temporary impacts, as appropriate. Construction contract documents include requirements and measures to minimize construction-related impacts.
Permits
Valley Water has obtained the following necessary regulatory permits for ADSRP, which include the construction of the Project:
• U.S. Army Corps of Engineers 404 Permit
• Section 106 National Historic Preservation Act Compliance
• U.S. Fish and Wildlife Service Final Biological Opinion
• National Marine Fisheries Service Final Biological Opinion
• State Water Resources Control Board 401 Water Quality Certification/Waste Discharge Requirements
• San Francisco Bay Conservation and Development Commission (BCDC) Consistency Certification
Valley Water is currently obtaining the remaining regulatory permits, listed below prior to the start of Project construction. The California Department of Fish and Wildlife requested Valley Water to obtain a separate Lake and Streambed Alteration Agreement from ADSRP. It is anticipated that these permits will be received in time for construction and should not impact the Project scope. All permits will be acquired prior to the award of the construction contract. Staff will update the Board on the status of these permits at the time of the construction contract award.
• California Department of Fish and Wildlife Lake and Streambed Alteration Agreement
• Valley Habitat Plan Certificate of Compliance
Staff has been working with the Division of Safety of Dams (DSOD) to address its design review comments and is awaiting final approval. Based on feedback from DSOD, Valley Water anticipates receiving written approval of the Project design documents during the bid advertisement period.
Contractor-obtained permits necessary for work within the City of San José right-of-way are identified in and required by the Contract Documents.
No construction contract will be awarded until all written approvals for the Project design documents are received.
Next Steps
If the Board approves the recommendations, staff will proceed to advertise for bids for Project construction. The next Board action will be the award of the construction contract, tentatively scheduled for November 24, 2026. The Project Delivery Process Schematic (Attachment 3) highlights the current Project phase and staff’s recommendations before the Board.
ENVIRONMENTAL JUSTICE IMPACT:
There are no Environmental Justice Impacts associated with this item. The completion of this Project would improve fish passage and enhance fish habitat along Coyote Creek.
FINANCIAL IMPACT:
There is no immediate financial impact associated with the recommendation to Adopt Plans and Specifications and Authorize Advertisement for Bid. The longer-term financial impact is detailed below.
The Coyote Percolation Dam Phase 2 Project, Project No. 91864011, is included in the Capital Improvement Program (CIP) Fiscal Year (FY) 2027-31 Five-Year Plan and in the FY 2026-27 Adopted Budget. The estimated construction contract cost for the Project is between $7.5 million and $9 million, which exceeds the uninflated total Project cost reflected in the CIP FY 2027-31 Five-Year Plan by $688,000 to $3.09 million. The increase to the total Project cost will be incorporated into the development of the CIP Draft FY 2028-32 Five-Year Plan. Based on current estimates, there are insufficient funds in the Fiscal Year 2026-2027 Adopted Budget to encumber the planned expenditures for construction to be incurred during this fiscal year. A budget adjustment will be included as a recommendation at the next Board action to award the construction contract.
The Project is funded by the Water Utility Enterprise Fund (Fund 61) with 80.5% of the Fund 61 costs allocated to Zone W-2 (North County), 7.8% to Zone W-5 (South County), and 11.7% to Zone W-7 (South County).
CEQA:
The Project will be constructed as part of ADSRP. The impacts of the Project were analyzed and addressed in the ADSRP Final EIR. The ADSRP Final EIR was certified by the Board of Directors on February 25, 2025.
ATTACHMENTS:
Attachment 1: Map
Attachment 2: Notice to Bidders
Attachment 3: Project Delivery Process Chart
Attachment 4: Plans
Attachment 5: Specifications
UNCLASSIFIED MANAGER: Manager
Ryan McCarter, 408-630-2983