BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☒ No ☐
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT:
Title
Approve Amendment No. 3 to Agreement A4337G with VNF Solutions, LLC., for Washington, D.C. Representation and Advocacy with the Federal Energy Regulatory Commission (FERC), for the Anderson Dam Seismic Retrofit Project, Project No. 91864005, to Increase the Fee by $72,000 for a Total Revised Fee Not-to-Exceed $333,200 and Extend the Agreement Term to March 12, 2024.
End
RECOMMENDATION:
Recommendation
Approve Amendment No. 3 to Agreement A4337G with VNF Solutions, LLC., for Washington, D.C. Representation and Advocacy with the Federal Energy Regulatory Commission (FERC), to increase the fee by $72,000 for a total revised fee Not-to-Exceed $333,200, extend the Agreement term to March 12, 2024, and incorporate administrative changes.
Body
SUMMARY:
Staff desires to extend the duration of the Agreement No. A4337G with VNF Solutions, LLC., for Washington, D.C. Representation and Advocacy with the Federal Energy Regulatory Commission (FERC) (Agreement), from March 12, 2023, to March 12, 2024. Execution of Amendment No. 3 will result in an increase of the Agreement not-to-exceed amount by $72,000 to $333,200. The monthly fixed fee amount for services provided by the Consultant will remain $6,000/month during the extended 12-month period.
Approval of the recommended action will allow the Consultant to continue to provide consulting services pertaining to Santa Clara Valley Water District’s (Valley Water) Anderson Dam Seismic Retrofit Project (Project) and Relationship with the Federal Energy Regulatory Commission (FERC). The Consultant shall continue to review documents, provide advice, assistance, and recommendations pertaining to Federal Permits or Permissions for the Project.
The original Agreement was signed on March 13, 2020, with a monthly fixed fee for services of $9,100/month and a not-to-exceed fee of $117,200.
On March 13, 2021, Amendment No. 1 was issued to renew and extend the first option term to March 12, 2022, and increase the not-to-exceed amount to $189,200. The monthly fixed fee for services was decreased from $9,100/month to $6,000 for the duration of this term.
On March 8, 2022, Amendment No. 2 was issued to renew and extend the second option term to March 12, 2023, and increase the not-to-exceed amount to $261,200. The monthly fixed fee for services remained at $6,000/month for the duration of this term.
Staff’s recommendation to approve Amendment No. 3 to the Agreement was considered at the Capital Improvement Program (CIP) Board Committee meeting on February 13, 2023. Staff informed Committee members of the recommendation to increase the not-to-exceed amount to $333,200 and extend the expiration date from March 12, 2023, through March 12, 2024.
Board action on this item would be retroactive to March 13, 2023.
ENVIRONMENTAL JUSTICE IMPACT:
There are no Environmental Justice impacts associated with this item.
FINANCIAL IMPACT:
The Anderson Dam Seismic Retrofit Project, Project No. 91864005, is included in the Capital Improvement Program (CIP) Fiscal Year (FY) 2023-27 Five-Year Plan and in the Board-adopted FY 2022-23 biennial budget. Amendment No. 3 increases the Not-to-Exceed (NTE) fee for Agreement A4337G by $72,000, resulting in a total NTE fee of $333,200. There are adequate funds in the Project’s FY 2022-23 budget to encumber the anticipated expenditures for the Consultant’s services during this fiscal year. Funds to cover subsequent fiscal year Consultant services will be included in the biennial budget process or through budget adjustment(s).
Approval of this Amendment No. 3 to Agreement A4337G does not change the overall Total Project Cost reflected in the Draft FY 2024-28 CIP. The Project is funded by the Water Utility Enterprise Fund with 81.9% of the costs allocated to Zone W-2 (North County), 7.9% to South County Zone W-5, and 10.3% to South County Zone W-7.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have the potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment A: Gov. Code § 84308
Attachment 1: Amendment No. 3
UNCLASSIFIED MANAGER:
Manager
Marta Lugo, 408-630-2237