COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

 

DATE:

March 11, 2003

BOARD MEETING DATE:

March 25, 2003

 

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Colma Creek Channel Improvements between Spruce and San Mateo Avenues – Colma Creek Flood Control Zone – South San Francisco Area

 

Recommendation

Acting as the governing Board of the San Mateo County Flood Control District, adopt resolutions:

 

1)

adopting plans and specifications, determining prevailing wages scales, and calling for sealed proposals for Channel Improvements in Colma Creek between Spruce and San Mateo Avenues.

 

2)

authorizing the President of the Board to execute a first amendment to the 1999 engineering services agreement with Wilsey Ham (Consultants) which consolidates the scope of work of the two previous agreements with the 1999 agreement, and increases the total not-to-exceed fees for all work from $1,116,700 to $1,318,700, an increase of $202,000.

 

Previous Board Action

Established the Colma Creek Flood Control Zone (Zone) of the San Mateo County Flood Control District in 1964 for the purpose of financing and constructing flood control improvements in Colma Creek.

 

Adopted the Colma Creek Flood Control Project for the Zone which included channel improvements, and bridge work between Spruce and San Mateo Avenues.

 

Authorized execution of three design consulting agreements with the Consultant for sections of Creek improvements that have now been consolidated into one project.

 

Key Facts

1.

This project is part of an overall plan to provide a higher level of flood protection in the Colma Creek basin.

 

2.

Flooding along this reach of Colma Creek occurred in December of 2002, and the City of South San Francisco (City) and property owners are anxious to have this stretch of the Creek improved.

 

3.

The Corps of Engineers has provided us with tentative permit conditions and they are working with the United States Fish and Wildlife Service (USFWS) to finalize the necessary permits; and we are recommending that your Board call for bids concurrently with the permitting process in order that construction can begin this construction season.

 

4.

We will recommend rejecting bids if the Corps’ permit is not forthcoming or if permit conditions cannot be met.

 

5.

We are recommending consolidation of the Consultant’s agreements by merging the scope of work of two previous agreements for the design of separate segments of the overall flood control project, into the most recent agreement; and increasing the total not to exceed amount of the proposed amended agreement, as the three separate project segments have now been combined into one project. The Consultant has, and we anticipate will, incur additional costs in revising the plans to meet both regulatory requirements as well as to interface with work done by the Peninsula Corridor Joint Powers Board (PCJPB) on their facilities in the Creek.

 

Discussion

Calling for Bids

This project consists of constructing approximately 2,800 feet of concrete lined channel in Colma Creek between Spruce and San Mateo Avenues, except for the section of channel that is within the PCJPB railroad right-of-way. The PCJPB is constructing improvements within their right-of-way as part of their mainline bridge replacement work. The District’s proposed work also includes raising the San Mateo Avenue Bridge to provide additional flow capacity.

 

All necessary permits have been obtained except the permit from the U.S. Army Corp of Engineers (Corps). A permit is required from the Corps as the project will widen the existing channel and remove existing channel habitat. We proposed a mitigation plan for approval by the Corps and other regulatory agencies which provides for the development of replacement habitat near the mouth of Colma Creek. However, a federally listed endangered species (the California Clapper Rail) was observed across the creek from the proposed mitigation site during a site visit late last year. The Corps reported the siting to the USFWS, the agency responsible for protecting federally listed endangered species. The USFWS indicated that the construction of the proposed mitigation site may result in a “take” of the species as defined by the applicable regulations, and advised the Corps that a formal consultation with the USFWS is necessary. The Corps, understanding the District’s, City’s and the property owners’ concerns over additional flooding if channel improvements are not constructed, has been working with USFWS to expedite the consultation. The Corps just recently advised staff that the USFWS may be able to complete the necessary biological opinion and conditions for the mitigation site, which would then allow the Corps to issue the necessary permit by May 2003. We in turn agreed to recommend that the District concurrently call for bids for the work in order to allow some construction to be completed this summer in order to reduce the flooding potential to the neighboring properties. The Corps has also provided the County with tentative conditions for the permit in order that we could include them in the project specifications.

 

All necessary right-of-way for this project has been acquired except for temporary construction easements, and rights-of-way across property owned by the City of South San Francisco and property owned by the Union Pacific Railroad. We are confident that the right-of-way across City owned property will be resolved shortly and that the temporary construction easements can be obtained. However, the process to acquire the right-of-way across property owned by Union Pacific Railroad has been progressing very slowly. We have therefore included a project schedule which precludes the contractor from working in this area until at least next spring, and can also delete this portion of the work if the necessary easement/property cannot be obtained in time for this construction contract. We believe that this is a prudent course of action since we anticipate that the project will take three construction seasons to complete, and this work can be delayed until the latter part of the second construction season.

 

Consultant Agreements

The Spruce to San Mateo Avenues channel improvements were initially programmed to be implemented in three different segments due to funding availability - channel improvements, San Mateo Avenue Bridge, and channel improvements associated with the replacement of the PCJPCB Mainline Bridge. The PCJPB Mainline Bridge design began in 1997, but did not conclude until recently. The Consultant has incurred additional costs as we had them investigate additional channel alternatives in conjunction with the PCJPB’s Mainline Bridge work, as well as options to either replace or raise the San Mateo Avenue Bridge. We also believe that they may incur additional costs to revise the plans and specifications to include a project sequencing schedule to address the lag time in obtaining the property from the Union Pacific, and in doing addendums to the plans to incorporate permit conditions which will be known prior to our opening bids but not before the project is advertised, due to the proposed accelerated bidding schedule to have construction begin this year.

 

Vision Alignment

We believe our recommendation is consistent with the Shared Commitment to “ensure basic health and safety for all,” and to be a “responsive, effective and collaborative government,” as we are cooperatively working with the Corps and USFWS to facilitate construction this summer in order to provide improved flood protection to the residents of South San Francisco.

 

Fiscal Impact

The estimated cost for construction is $16,280,000 which is proposed to be financed by the Colma Creek Flood Control Zone Funds and the City of South San Francisco for sewer improvements near the Creek that the City has requested to be constructed in conjunction with the Zone’s flood control work. The increases in the not-to-exceed engineering costs of $202,000 associated with the Consultant’s agreement is also proposed to be paid for with Zone Funds. The Consultant’s design fees (including the increase) are approximately 8.1% of the proposed construction cost which is within the range of fees for this type and magnitude of work.

 

There is no impact to the General Fund.

 

Forms of resolution and an agreement have been approved by County Counsel and the Consultant has executed the agreement.

 

Future Agreements

We will be returning to your Board with agreements with the City of South San Francisco for the acquisition of property associated with the project and for improvements that the City wishes to have incorporated into the project, as well as an agreement with the Union Pacific Railroad as described above. We will also develop a plan of the mitigation site, once conditions are known, which will be constructed under a separate contract.