BOARD AGENDA MEMORANDUM
Government Code Section 84308 Applies: Yes ☒ No ☐
(If “YES” Refer to Attachment A)
SUBJECT:
Title
Approve Amendment No. 1 to Agreement No. A4455A with Montrose Environmental Solutions, Inc. (Formerly Horizon Water and Environment, LLC) for Environmental Planning and Permitting Services for the Stream Maintenance Program Renewal, Project No. 00041022, Increasing Not-to-Exceed Fee by $254,867 for a Revised Total Not-to-Exceed Fee of $2,392,319 and Extending the Term 18 Months, through November 11, 2027.
End
RECOMMENDATION:
Recommendation
Approve Amendment No. 1 to Standard Consultant Agreement No. A4455A with Montrose Environmental Solutions, Inc. (formerly Horizon Water and Environment, LLC) for Environmental Planning and Permitting Services for the Stream Maintenance Program Renewal, Project No. 00041022, increasing the not-to-exceed fee by $254,867 for a revised total not-to-exceed fee of $2,392,319 and extending the term 18 months, through November 11, 2027.
Body
SUMMARY:
Santa Clara Valley Water District (Valley Water) Agreement A4454A with Montrose Environmental (formerly Horizon Water and Environment, LLC) (Agreement) includes a scope of services to complete environmental documentation and obtain natural resource agency permits for the Stream Maintenance Program (SMP) Renewal Project. An amendment to the Agreement is required for environmental services to facilitate the SMP renewal environmental and permitting process. Amendment No. 1 to this Agreement will increase the not-to-exceed fee by $254,867 for the Consultant to perform additional project administration, manual revisions, CEQA compliance, and permitting services for SMP and all interrelated efforts. In addition, the scope would be modified to include the addition of Task 12: American Disabilities Act (ADA) compliance, and Task 13: administrative record to support the CEQA process. Lastly, the term of the agreement would be extended by eighteen months.
Increase Not-To-Exceed Fee of Agreement
The SMP renewal team underwent a very robust regulatory stakeholder process to update the SMP Manual which included increased meetings, program training, and regulatory negotiation, thereby increasing the costs associated with Task 1: Project Administration, Task 9: Regulatory Permitting, and Task 10: SMP Manual. Therefore, increasing the not-to-exceed fee would support the regulatory permitting process including drafting permit applications and ensuring there are no delays in receiving the various permits before the program permits expire in 2027.
Modify Terms of Agreement
Since execution of the Agreement, the SMP renewal team has received more information on the schedule for the Valley Habitat Agency Amendment, which lengthened the time horizon for initiating the next iteration of the program because the Stream Maintenance Program will be integrated into the Valley Habitat Plan (VHP). The Renewal team extended the existing Stream Maintenance Program permits to better align with the program’s integration into the VHP. Due to the time extension, staff requests to increase the duration of the agreement by eighteen months.
Stream Maintenance Program Renewal and Previous Board Actions
Valley Water is updating the 2014-2023 Stream Maintenance Program (SMP-2) resulting in SMP-3. The Stream Maintenance Program was established in 2002 and describes a program for conducting routine stream maintenance work activities wherever they may occur in Valley Water’s jurisdiction, subject to specific limitations. Under SMP-2, the program includes three major categories of work: sediment removal, vegetation management and bank stabilization. Additional categories include minor maintenance (includes activities such as fence installation and repair, and trash and debris removal), management of animal conflicts and large woody debris management. The team has expanded the capabilities of the Program including modifying vegetation management limits (to allow for larger tree removals, hazardous tree removal and pruning), and developing longer-term mitigation solutions such as participation in the Valley Habitat Plan.
Amendment #1
Amendment No. 1 modifies the scope and duration to primarily address SMP draft Environmental Impact Report (EIR) legal recommendations, ADA compliance, administrative record, and the need for more extensive regulatory negotiation. More specifically, Amendment No. 1 will increase the fees for Project Management, Final SMP Manual, and Regulatory Compliance. The total not-to-exceed fee for the Agreement, as amended, would be $2,392,319, with an additional $254,867 added in this Amendment 1. Highlighted task modifications and not-to-exceed additional fees are summarized below:
1. Additional project administration for coordination of SMP elements and increased meetings. Consultant will continue extensive meeting schedules throughout SMP. (Task 1: $99,943).
2. Additional funds for Draft (Subsequent/Supplemental) EIR (Task 5. $24,243)
3. Additional funds for Regulatory Permitting for additional regulatory agency coordination and permitting support, additional mitigation development, and integration of SMP into the Valley Habitat Plan and updates to the Program Manual (Task 9. $108,226 and Task 10. $52,465).
4. The scope is revised to include ADA compliance procedures, to ensure that the SMP EIR can be posted in a timely and efficient manner. (Task 12: $23,497).
5. The scope is revised to also include preparation of the administrative record (Task 12: $19,976).
A summary of the task fees for the proposed Amendment No. 1 is presented in Table 1.
TABLE 1
|
Task |
Description |
Original Agreement |
Amendment No. 1 |
Revised Not-to-Exceed Fees |
|
1 |
Project Administration |
$145,148 |
$99,943 |
$245,091 |
|
2 |
Review Existing Background Information |
$73,487 |
($10,596) |
$62,891 |
|
3 |
Project Description |
$27,674 |
$0 |
$27,674 |
|
4 |
Environmental Investigations and Studies |
$240,860 |
($87,887) |
$152,973 |
|
5 |
Draft (Subsequent/Supplemental) Environmental Impact Report |
$344,787 |
$24,243 |
$369,030 |
|
6 |
CEQA Public Noticing and Participation Requirements |
$90,301 |
$0 |
$90,301 |
|
7 |
Final Environmental Impact Report |
$61,080 |
$0 |
$61,080 |
|
8 |
Mitigation Proposal |
$136,045 |
$0 |
$136,045 |
|
9 |
Regulatory Permitting |
$438,313 |
$108,226 |
$546,539 |
|
10 |
Stream Maintenance Program Manual |
$163,492 |
$52,465 |
$215,957 |
|
11 |
Supplemental Services |
$416,265 |
$25,000 |
$441,265 |
|
12 |
ADA Compliance |
N/A |
$23,497 |
$23,497 |
|
13 |
Administrative Record |
N/A |
$19,976 |
$19,976 |
|
Total Not-to-Exceed Fees |
$2,137,452 |
$254,867 |
$2,392,319 |
ENVIRONMENTAL JUSTICE AND EQUITY 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 monies needed to fund this amendment (increase in cost) were transferred from Instream Habitat Complexity (Project 62181006) to Stream Maintenance Program (SMP) (Project 00041022) (Fund 12 100%) and there are sufficient funds within the Project.
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 direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment A: Gov. Code Section 84308
Attachment 1: Amendment No. 1 to A4455A
Attachment 2: Original Agreement A4455A
UNCLASSIFIED MANAGER:
Manager
Jennifer Codianne, 408-630-3876