BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☒ No ☐
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Approve Amendment No. 1 to Agreement No. A5019A with Rincon Consultants, Inc., for Environmental Planning and Regulatory Permitting Services for the Anderson Dam Seismic Retrofit Project, Project No. 91864005, Increasing the Not-to-Exceed Fee by $3,600,000 for a Revised Total Not-to-Exceed Fee of $5,135,000 and Extending the Agreement Term to December 31, 2028 (Morgan Hill, District 1).
End
RECOMMENDATION: Recommendation
Approve Amendment No. 1 to Agreement No. A5019A with Rincon Consultants, Inc., for environmental planning and regulatory permitting services for the Anderson Dam Seismic Retrofit Project, Project No. 91864005, increasing the not-to-exceed fee by $3,600,000 for a revised total not-to-exceed fee of $5,135,000, and extending the Agreement term to December 31, 2028.
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 imposed 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 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.
Consultant, Rincon Consultants, Inc. (Rincon) supported the preparation and publication of the Final Environmental Impact Report (EIR) for the Project and compliance with cultural resource requirements. Staff recommends the Board approve Amendment No. 1 to the Agreement with Rincon Consultants, Inc. for Environmental Planning, Permitting, and Compliance Services for the Anderson Dam Seismic Retrofit Project.
Prior Board Actions
On April 23, 2024, the Board approved the agreement with Rincon Consultants, Inc., up to a not-to-exceed amount of $1,535,000, to provide environmental planning and regulatory permitting services to produce the Final EIR, complete the California Environmental Quality Act (CEQA) process, support possible environmental documentation required under the National Environmental Policy Act and perform environmental planning tasks that may arise for other Project environmental approvals.
Amendment No. 1
Amendment No. 1 to Agreement No. A45019A will allow Rincon to continue providing support for environmental planning and regulatory permitting and compliance for ADSRP, including water quality and cultural resources permitting and planning support. The amendment will add scope to cover the additional cultural resources compliance and CEQA compliance efforts, increase the not-to-exceed (NTE) fee by $3,600,000 for a total NTE fee of $5,135,000, extend the Agreement Term from June 1, 2027, to December 31, 2028, and incorporate administrative updates.
Amendment No. 1 to Agreement No. A45019A was discussed at the Capital Improvement Program (CIP) Board committee meeting held on September 29, 2025. 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 management for ADSRP elements and increased meeting support. Consultant will continue routine meetings scheduled throughout ADSRP. (Task 1: $119,824).
2. Additional funds for Planning and Permitting Support for the existing Supplemental Services task (Task 2: $349,266).
3. Additional funds for Cultural Resources Support and Compliance (Task 5: $2,630,163).
4. Additional funds for CEQA Mitigation Monitoring and Reporting Plan Implementation and Compliance for ADSRP schedule (Task 6: $500,747).
A summary of the task fees for the proposed Amendment No. 1 is presented in Table 1.
Table 1- Summary of Tasks and Fees
|
Task |
Description |
Original NTE Fees |
Fund Re-Allocation 6/4/2025 |
Fund Re-Allocation 8/22/2025 |
Amendment No.1 |
New Revised NTE Fees Total |
|
1 |
Project Management |
$232,088 |
|
($28,036.25) |
$119,824 |
$323,875.75 |
|
2 |
Environmental Documentation |
$947,665 |
($265,019.47) |
|
|
$682,645.53 |
|
3 |
Cultural Resources and Tribal Support |
$154,357 |
|
|
|
$154,357 |
|
4 |
Supplemental Services |
$200,890 |
$265,019.47 |
$28,036.25 |
$349,266 |
$843,211.72 |
|
5 |
Cultural Resources Support |
|
|
|
$2,630,163 |
$2,630,163 |
|
6 |
CEQA MMRP Implementation Support |
|
|
|
$500,747 |
$500,747 |
|
Total Not-to-Exceed Fees |
$1,535,000 |
|
|
$3,600,000 |
$5,135,000 |
ENVIRONMENTAL JUSTICE IMPACT:
There are no environmental justice 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. Approval of Amendment No.1 will increase the Not-to-Exceed fee by $3,600,000 for Agreement A45019A from $1,535,000 to $5,135,000.
There are adequate funds in the Project’s FY 2025-26 Adopted Budget to encumber the planned expenditures to be incurred during this fiscal year. Funds to cover subsequent fiscal year anticipated services will be included in the biennial budget process and recommended by staff during the annual fiscal year budget process or through budget adjustment(s), if needed.
Approval of Amendment No. 1 to Agreement A5019A does not change the total Project cost reflected in the CIP’s FY 2026-30 Five-Year Plan. The Project is forecasted to 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 Enterprise Fund (Fund 61), with 81.7% of the costs allocated to North County Zone W-2, 7.5% to South County Zone W-5 and 10.8% to South County Zone W-7.
A portion of the ADSRP project cost is expected to be financed by the Water Infrastructure Finance and Innovation Act (WIFIA) pursuant to the United States Environmental Protection Agency WIFIA Master Agreement with Valley Water entered into through its Santa Clara Valley Water District Public Facilities Financing Corporation, for the SCVWD Master Program for Water Reliability Program (WIFIA Agreement) dated February 14, 2023.
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. 1
Attachment 2: Original Agreement.
UNCLASSIFIED MANAGER: Manager
Ryan McCarter, 408-630-2983