BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☒ No ☐
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Authorize the Interim Chief Executive Officer to Negotiate and Execute a Non-Competitive Single Source Agreement for a Ninth Part 12D Independent Consultant’s Safety Inspection Report of Anderson Dam, from Geosyntec Consultants, Inc., for a Not-to-Exceed Amount of $825,000, for the Dam Safety Program, Project No. 91081007 (Morgan Hill, District 1).
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RECOMMENDATION: Recommendation
Authorize the Interim Chief Executive Officer to negotiate and execute a non-competitive single source agreement for a Ninth Part 12D Independent Consultant’s Safety Inspection Report of Anderson Dam, from Geosyntec Consultants, Inc., for a not-to-exceed amount of $825,000.
Body
SUMMARY:
Background
Anderson Dam is under the jurisdiction of the Federal Energy Regulatory Commission (FERC) and the California Department of Water Resources, Division of Safety of Dams (DSOD), and must meet their respective dam safety design standards. FERC has jurisdiction over Anderson Dam safety measures and operations due to licensing a small hydroelectric facility on this Reservoir.
Since 1986, FERC has required the Santa Clara Valley Water District (Valley Water) to complete a comprehensive assessment of Anderson Dam every five years that follows FERC's established evaluation guidelines for hydropower projects, as stated in the Code of Federal Regulations (CFR), Title 18, Chapter I, Subchapter B, Part 12, Subpart D. This regulation requires an approved independent consultant to thoroughly examine all essential project infrastructure, including the dam itself and all related structures, to ensure compliance with federal safety standards. This extensive evaluation must encompass a comprehensive review of design documents, monitoring data, safety systems, on-site field inspections, Potential Failure Mode Analysis, and Level 2 Risk Analysis.
Valley Water has successfully completed eight previous Part 12D inspection cycles, with the most recent inspection completed in 2021. The Ninth Part 12D Independent Consultant’s Safety Inspection Report (Part 12D Report) of Anderson Dam must be submitted to FERC by August 24, 2026. Therefore, staff requests the Board authorize the Chief Executive Officer to negotiate and execute a non-competitive single source agreement with Geosyntec, Inc. to produce a Part 12D Report.
Single Source Justification
A comprehensive market analysis of engineering firms with dam safety expertise was conducted. This evaluation included reviewing firm qualifications, past performance records, FERC Independent Consultant certifications, and compliance with regulatory requirements. AECOM Technical Services, Inc., Black & Veatch Corporation, GEI Consultants, Inc., HDR Engineering Inc., and Stantec Consulting Services, Inc., were included among the major engineering firms evaluated. Under FERC regulations, an Independent Consultant must be a licensed professional engineer with at least 10 years of dam design and safety experience, cannot be affiliated with the licensee or have been employed by them within two years, must lead a team with demonstrable expertise commensurate with the project's complexity, and must possess training based on new FERC guidelines implemented in April 2022.
The engineering firms previously mentioned were disqualified due to current contractual relationships with Valley Water on related infrastructure projects, previous employment history with Valley Water within the two-year restriction period, or lack of the specialized FERC guideline training required for Independent Consultant certification. Geosyntec emerged as the single qualified provider, meeting all FERC Independent Consultant criteria without any disqualifying affiliations. Geosyntec possesses the requisite FERC certification, specialized training on updated guidelines, extensive project knowledge, and proven track record in dam safety assessments. The selection of an Independent Consultant requires FERC's final authorization, and Geosyntec represents the only viable candidate capable of fulfilling the regulatory requirements for this specialized assessment.
ENVIRONMENTAL JUSTICE IMPACT:
There are no Environmental Justice Impacts associated with this action.
FINANCIAL IMPACT:
The Dam Safety Program, Project No. 91081007, is included in the FY 2026-27 Board Adopted Budget. There are adequate funds in the Project’s FY 2026-27 Adopted Budget to encumber the negotiated not-to-exceed amount for this single source agreement.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment A: Gov. Code 84308
Attachment 1: Justification Memo
UNCLASSIFIED MANAGER: Manager
Ryan McCarter, 408-630-2983