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. 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 $918,593 for a Revised Total Not-to-Exceed Fee of $2,918,593 and Extending the Agreement Term to December 31, 2028 (Morgan Hill, District 1).
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RECOMMENDATION: Recommendation
Approve Amendment No. 1 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 $918,593 for a revised total not-to-exceed fee of $2,918,593, and extending the Agreement Term to December 31, 2028.
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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.
Amendment No. 1
Amendment No. 1 to Agreement No. A4932A will allow Stillwater 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 to cover the additional year of eDNA monitoring and development of the Phase 2 Coyote Percolation Dam Project, increase the not-to-exceed (NTE) fee by $918,593 for a total NTE fee of $2,918,593, extend the Agreement Term from December 31, 2026 to December 31, 2028, and incorporate administrative updates.
Amendment No. 1 to Agreement No. A4932A was discussed at the Capital Improvement Program (CIP) Board committee meeting held on May 19, 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 administration for coordination of ADSRP elements and increased meeting and meeting support. Consultant will continue extensive meeting schedules throughout ADSRP. (Task 1: $99,272).
2. Additional funds for Planning and Permitting Support for Supplemental Information for the Biological Opinion, Environmental Impact Report, and regulatory permitting documents (Task 2: $44,173)
3. Additional funds for Regulatory Permitting for additional regulatory agency coordination and permitting support, and development of the Phase 2 Coyote Percolation Dam Project, which is a ADSRP Conservation Measure Component (Task 4: $626,471).
4. Additional funds for Regulatory Permitting and Compliance for the Federal Energy Regulatory Commission (FERC) Order Compliance Project (FOCP) as a result of the updated ADSRP schedule (Task 7: $148,677).
A summary of the task fees for the proposed Amendment No. 1 is presented in Table 1
ENVIRONMENTAL JUSTICE AND EQUITY 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 fee for Agreement A4932A is $2,918,593.
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 Agreement A4932A 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.
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