BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☒ No ☐
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Approve and execute Amendment No. 2 to Agreement No. A4932A with Stillwater Sciences, for Regulatory Permitting Services for the Anderson Dam Seismic Retrofit Project, Project No. 91864005, Increasing the Not-to-Exceed Fee by $1,251,113 for a Revised Total Not-to-Exceed Fee of $4,169,706. (Morgan Hill, District 1).
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RECOMMENDATION: Recommendation
Approve and execute Amendment No. 2 to Agreement No. A4932A with Stillwater Sciences, for regulatory permitting services for the Anderson Dam Seismic Retrofit Project, Project No. 91864005, increasing the not-to-exceed fee by $1,251,113 for a revised total not-to-exceed fee of $4,169,706.
Body
SUMMARY:
The Anderson Dam Seismic Retrofit Project (ADSRP or Project) involves retrofitting and upgrading Anderson Dam and its associated facilities to meet public safety requirements by the Federal Energy Regulatory Commission (FERC) and California Department of Water Resources, Division of Safety of Dams (DSOD). Specifically, the Project will correct dam safety deficiencies that were identified between 2008 and 2016. The Project will allow the Santa Clara Valley Water District (Valley Water) to maximize water supply and provide related benefits, while avoiding and minimizing environmental impacts. The Project also includes decommissioning the hydroelectric facility at the dam, implementing conservation measures along Coyote Creek to avoid and minimize adverse impacts, and conducting habitat and species monitoring during construction.
Agreement No. A4932A History
On October 10, 2023, the Board authorized the Chief Executive Officer to negotiate and execute a non-competitive single-source agreement with Stillwater Sciences, up to a not-to-exceed amount of $2,000,000, to provide creek restoration modeling and design support for Project conservation measures, federal Endangered Species Act Section 7 consultation for fisheries resources, biological monitoring of fisheries resources for FERC Order Compliance Project environmental compliance, and general environmental support services for fisheries resources topics, as needed.
On December 22, 2023, the Chief Executive Officer approved Consultant Agreement No. A4932A between Valley Water and Stillwater Sciences for a not-to-exceed amount of $2,000,000 and agreement expiration of December 31, 2026.
On June 24, 2025, the Board approved Amendment No. 1 to the Agreement, increasing the not-to-exceed fee by $918,593 for a revised total not-to-exceed fee of $2,918,593, adding scope, and extending agreement expiration to December 31, 2028.
Amendment No. 2
Amendment No. 2 to Agreement No. A4932A will allow Stillwater Sciences to continue providing support for regulatory permitting and compliance for ADSRP, including biological monitoring, fisheries and water quality permitting and planning support, as well as engineering design support. The amendment will add scope and funds to support the continuation of biological monitoring, development of required permitting plans, continued support for the development of the Sediment Augmentation and Geomorphic Flows Plan, and development of the Phase 2 Coyote Percolation Dam Project monitoring and maintenance plan; increase the not-to-exceed (NTE) fee by $1,251,113 for a total NTE fee of $4,169,706; and incorporate administrative updates.
Amendment No. 2 to Agreement No. A4932A was discussed at the Capital Improvement Program (CIP) Board committee meeting held on May 18, 2026. The Committee members supported staff’s recommendation to present this item for approval to the full Board.
The tasks and not-to-exceed additional fees are summarized below:
1. Additional project administration for coordination of ADSRP elements and increased meeting and meeting support. Consultant will continue extensive meeting schedules throughout ADSRP. (Task 1: $159,065).
2. Additional funds for Planning and Permitting Support for Supplemental Information for the Biological Opinion, Environmental Impact Report, and regulatory permitting documents (Task 2: $152,907)
3. Additional funds for Supplemental Services on an as-needed basis, which may include additional studies, designs, or modeling as necessary, or public outreach visual materials. (Task 6: $100,000)
4. Additional funds for continued biological monitoring support for the Anderson Dam Seismic Retrofit Project. The consultant would continue eDNA, sediment deposition, and suspended sediment monitoring efforts. (Task 8: $149,465)
5. Additional funds for the development of permit-required plans. The consultant will provide support for developing plans that address the requirements of the National Marine Fisheries Service (NMFS) Biological Opinion and Water Quality Certification. (Task 9: $104,979)
6. Additional funds for the Sediment Augmentation and Geomorphic Flows Revised Draft Plan. The Sediment Augmentation Program and Geomorphic Flows Plan are conservation measures implemented as part of ADSRP. The consultant will revise the draft Sediment Augmentation and Geomorphic Flows Plan to incorporate agency comments. (Task 10: $98,658)
7. Additional funds for the Live Oak Monitoring and Maintenance Plan Implementation. The consultant will implement the Monitoring and Maintenance Plan for the Live Oak Restoration Reach Project. This Monitoring and Maintenance Plan would include surveys and monitoring. (Task 11: $242,294)
8. Additional funds to support the development of the Phase 2 Coyote Percolation Dam Project. The consultant will develop a maintenance and monitoring plan for the Phase 2 Coyote Percolation Dam facility. (Task 12: $243,745)
A summary of the task fees for the proposed Amendment No. 2 is presented in Table 1.
ENVIRONMENTAL JUSTICE IMPACT:
There are no environmental justice and equity impacts associated with this action. This action is unlikely to or will not result in human health or environmental effects.
FINANCIAL IMPACT:
The Anderson Dam Seismic Retrofit Project, Project No. 91864005, is included in the Capital Improvement Program (CIP) Fiscal Years (FY) 2026-30 Five-Year Plan and in the FY 2025-26 Adopted Budget. The Not-to-Exceed (NTE) fee for Amendment No. 2 to Agreement A4932A is $1,251,113, resulting in a total NTE fee of $4,169,706.
There are adequate funds in the Project’s FY 2025-26 Adopted Budget to encumber the anticipated expenditures for the Consultant’s services performed during this fiscal year. Funds to cover Consultant services in subsequent fiscal years will be included in the biennial budget process and recommended by staff during the annual fiscal year budget process or through budget adjustments, if needed. Approval of Amendment No. 2 to Agreement A4932A will increase the total Project cost reflected in the CIP’s FY 2027-31 Five-Year Plan. The increase to the total Project cost will be incorporated into the development of the Preliminary FY 2028-32 Five-Year Plan.
The Project may receive up to $54.1 million from the renewed Safe, Clean Water & Natural Flood Protection Program (Fund 26), with the remainder of the total project cost funded by the Water Utility Fund (Fund 61) with 80.50% of the costs allocated to North County Zone W-2, 7.80% to South County Zone W-5, and 11.70% to South County Zone W-7.
CEQA:
The recommended action does not constitute a project under the California Environmental Quality Act (CEQA) because it does not have the potential to result in a direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment A: Gov. Code § 84308
Attachment 1: Amendment No. 2
Attachment 2: Amendment No. 1
Attachment 3: Original Agreement
UNCLASSIFIED MANAGER: Manager
Ryan McCarter, 408-630-2983