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 No. A4307A with Environmental Science Associates (ESA) for On-Call Planning & Design Services for Water Resources and Stewardship, CAS File No. 4968, Increasing the Fee by $500,000 for a Total Revised Fee of $1,500,000, Extending the Term to December 31, 2026, incorporating terms required by the Water Infrastructure Finance and Innovation Act loan agreement, and updating other administrative changes.
End
RECOMMENDATION: Recommendation
Approve Amendment No. 3 to Agreement No. A4307A with Environmental Science Associates (ESA) for On-Call Planning & Design Services for Water Resources and Stewardship, CAS File No. 4968, Increasing the Fee by $500,000 for a Total Revised Fee of $1,500,000, Extending the Term to December 31, 2026, incorporating terms required by the Water Infrastructure Finance and Innovation Act loan agreement, and updating other administrative changes.
Body
SUMMARY:
Agreement A4307A (Agreement) with Environmental Science Associates (ESA) (Consultant) was awarded on December 10, 2019, by the Board to provide On-Call Planning & Design Services for Water Resources and Stewardship.
Amendment No. 3 to the Agreement will extend the term of the Agreement by one year, incorporate administrative updates, and add funding in the amount of $500,000, for a revised total fee of $1,500,000.
Background
Santa Clara Valley Water District’s (Valley Water) engineering staff routinely provides technical support for long-range watershed master planning and capital project planning. These On-Call Planning and Design services contracts are intended to support the services performed by Valley Water staff and provide additional services, as needed.
The objective of this Agreement is to support District staff to: Develop long-range plans to implement projects that integrate flood protection, water supply and environmental stewardship; conduct planning studies to provide watershed and site-specific plans for water supply, flood risk reduction, and ecological restoration and/or enhancement plans; provide services in completion of the planning phase of water supply, flood protection or ecological restoration-oriented projects; and build community support through planning processes or plan and project implementation.
This Agreement is structured to supplement expertise or staffing needed for timely delivery of work products in Valley Water’s annual budget.
Consultant currently provides a range of consulting services, as requested by Valley Water, to supplement staff resources for completing long-range plans and planning and conceptual design projects.
Relevant Prior Actions
On December 10, 2019, the Board approved Agreement No. A4307A with Environmental Science Associates (ESA) for On-Call Planning & Design Services for Water Resources and Stewardship for not-to-exceed fee of $1,000,000 for the initial base term of four years, with the option to renew for up to one year, at the sole discretion of Valley Water, for an additional amount of $500,000.
On August 11, 2023, the Acting Purchasing and Contracts Manager approved Amendment No. 1 to Agreement No. A4307A (Agreement) with Environmental Science Associates (ESA) (Consultant) to extend the term only from November 11, 2023 to November 11, 2024.
On September 20, 2023, the Acting Purchasing and Contracts Manager approved Amendment No. 2 to Agreement No. A4307A (Agreement) with Environmental Science Associates (ESA) (Consultant) to extend the term only from November 11, 2024 to December 31, 2025.
Need for Amendment No. 3
Approval of Amendment No. 3 to the Agreement with Environmental Science Associates (ESA) will provide the Consultant with additional time and funds to continue their current work supporting services performed by Valley Water’s staff on master planning for flood risk reduction, environmental stewardship, and water supply.
Specifically, this amendment extends the Agreement term by one year, from December 31, 2025, to December 31, 2026 and increases the fee by $500,000 for a revised total fee of $1,500,000.
Examples of projects that the Consultant may be requested to continue to support during this extension and with the additional funds include but are not limited to: Watershed Master Plans; watershed-specific or stream corridor management plans; water supply, flood protection, and ecological enhancement and restoration projects; and community outreach in support of various planning processes.
A portion of the Amendment 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.
ENVIRONMENTAL JUSTICE IMPACT:
There are no Environmental Justice impacts associated with this item.
FINANCIAL IMPACT:
Execution of Amendment No. 3 will result in an increase of the Agreement not-to-exceed amount by $500,000 for a total revised Not-to-Exceed Fee of $1,500,000. No funds will be encumbered at this time. On-call services will be charged in accordance with each approved task order to budgeted funds from the appropriate projects. There are adequate funds in the project’s FY 2025-26 Budget for anticipated services for this fiscal year. Funds to cover subsequent fiscal year services will be recommended by staff as part of the biennial budget process or through budget adjustments.
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 § 84308
Attachment 1: Amendment No. 3
Attachment 2: Amendment No. 2
Attachment 3: Amendment No. 1
Attachment 4: Original Agreement
UNCLASSIFIED MANAGER: Manager
Lisa Bankosh, 408-630-2618