BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☒ No ☐
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Approve Amendment No. 6 to Agreement A3675A with GEI Consultants, Inc., for Environmental Services for the Calero and Guadalupe Dam Seismic Retrofits Project, Project No. 91084020, Increasing the Not-to-Exceed Fee by $5,888,623 for a Revised Total Not-to-Exceed Fee of $14,818,434 and Extending the Agreement Term to June 30, 2028 (San Jose, District 1).
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RECOMMENDATION: Recommendation
Approve Amendment No. 6 to Agreement A3675A with GEI Consultants, Inc., for Environmental Services for the Calero and Guadalupe Dam Seismic Retrofits Project, Project No. 91084020, Increasing the Not-to-Exceed Fee by $5,888,623 for a Revised Total Not-to-Exceed Fee of $14,818,434 and Extending the Agreement Term to June 30, 2028.
Body
SUMMARY:
Santa Clara Valley Water District (Valley Water) is undertaking the Calero Dam Seismic Retrofit Project (CDSRP) and Guadalupe Dam Seismic Retrofit Project (GDSRP) to address seismic stability deficiencies, rehabilitate aging appurtenant dam facilities, and to ensure compliance with current dam safety standards. Amendment No. 6 to Agreement A3675A with GEI Consultants, Inc. (Consultant) will split funds between CDSRP and GDSRP and allow the Consultant to continue environmental planning, mitigation planning, environmental design review, and preparation of technical reports. This includes new scope for the preparation of Environmental Impact Reports (EIRs) and associated technical studies pursuant to the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and to acquire natural resource agency permits necessary for construction of both CDSRP and GDSRP. The amendment also adds new scope items for fisheries analysis and natural resource agency permitting for both projects.
Agreement No. A3675A Amendment History and Prior Board Actions
On August 27, 2013, the Board approved the agreement with GEI Consultants Inc. up to a not-to-exceed amount of $4,903,830 to perform planning and environmental services for the projects.
Amendment No. 1 revised the Agreement to remove conflict of interest restrictions on the planning services consultant, which precluded them from submitting a proposal for the design services for Guadalupe Dam. This amendment had no monetary impact and was approved by the CEO on June 11, 2015.
Amendment No. 2 revised the Agreement to incorporate additional findings of deficiencies into the scope at both Calero and Guadalupe Dams, in addition to the design of a new tunnel, spillway, and outlet pipe. This amendment extended the term by three years and added a not-to-exceed fee of $1,316,011 to the Agreement. The amendment was approved by the Board on April 25, 2017.
Amendment No. 3 revised the Agreement to incorporate administrative updates and extended the term by three years to May 31, 2023. This was a “time only amendment” with the budget for the time extension and additional scope of work planned to be incorporated in a future Amendment No. 4 to the Agreement after sequencing of other dam retrofits was confirmed by management. The amendment was approved by the CEO on September 3, 2020.
Amendment No. 4 revised the Agreement to incorporate additional fees for project management, environmental documentation, permit acquisition support, and supplemental services. This amendment increased the not-to-exceed fee by $2,709,970 and was approved by the Board on October 13, 2020.
Amendment No. 5 revised the Agreement to extend the term of the agreement from May 31, 2023, to May 31, 2026; this amendment had no monetary impact. The amendment was approved by the General Services Division Deputy Operating Officer on May 23, 2023.
Amendment No. 6 to Agreement No. A3675A
Amendment No. 6 to Agreement No. A3675A will add to the existing scope, increase the not-to-exceed fee by $5,888,623 (from $8,929,811 to a revised total of $14,818,434), and extend the agreement expiration date from May 31, 2026, to June 30, 2028. The amendment allows GEI Consultants, Inc., to continue providing support for environmental planning and regulatory permitting and compliance for both CDSRP and GDSRP. Due to significant project and design changes, the Consultant requires additional scope to complete an Environmental Impact Report (EIR) and updated technical studies for each project in compliance with CEQA. In addition, the original agreement did not include scope for NEPA documentation preparation and compliance, which is necessary for each project prior to construction.
It is important to note that while some CEQA analysis was completed in 2019 (an Administrative Draft EIR for CDSRP and an Initial Study for GDSRP), this documentation is now outdated due to changes in project design and scope. Additionally, the original Agreement did not include scope for NEPA services, which are now required.
Amendment No. 6 to Agreement No. A3675A 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.
A summary of tasks and fees for the previous Agreement No. A3675A amendments as well as the proposed Amendment No. 6 is presented in Table 1.
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 Calero Guadalupe Dam Seismic Retrofit Project, Project No. 91084020, 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. 6 will increase the Not-to-Exceed fee for Agreement A3675A from $8,929,811 to $14,818,434.
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 this Amendment No. 6 to Agreement A3675A will increase the Total Project Cost (TPC) reflected in the CIP’s Adopted FY 2026-30 Five-Year Plan. The Project is funded through 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 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 CEQA because it does not have a potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment A: Gov. Code § 84308
Attachment 1: Amendment No. 6
Attachment 2: Amendment No. 5
Attachment 3: Amendment No. 4
Attachment 4: Amendment No. 3
Attachment 5: Amendment No. 2
Attachment 6: Amendment No. 1
Attachment 7: Original Agreement
UNCLASSIFIED MANAGER: Manager
Ryan McCarter, 408-630-2983