BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☒ No ☐
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT:
Title
Approve the Standard Consultant Agreement No. A5019A with Rincon Consultants, Inc., for Environmental Planning and Permitting Services for the Anderson Dam Seismic Retrofit Project, Project No. 91864005, PlanetBids File No. VW0378, for a Total Not-to-Exceed fee of $1,535,000 (Morgan Hill, District 1).
End
RECOMMENDATION:
Recommendation
Approve the Standard Consultant Agreement No. A5019A with Rincon Consultants, Inc. for Environmental Planning and Permitting Services for the Anderson Dam Seismic Retrofit Project, Project No. 91864005, PlanetBids File No. VW0378, for a Not-to-Exceed Fee of $1,535,000.
Body
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 imposed 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 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.
Consultant, Rincon Consultants, Inc. (Rincon) will support the preparation and publication of the Final Environmental Impact Report (EIR) for the Project and compliance with cultural resource requirements.
Staff recommends that the Board approve the Agreement with Rincon for Environmental Planning and Permitting Services for the Anderson Dam Seismic Retrofit Project.
Previous Board Actions
On February 4, 2020, the Board authorized the Chief Executive Officer (CEO) to negotiate and execute an agreement with Horizon Water and Environment, LLC (Horizon) for environmental planning and permitting services for the ADSRP. This agreement (A4325G) was executed on February 25, 2020, and was amended on April 13, 2021 and January 24, 2023.
On June 27, 2023, the Board delegated authority to the CEO to negotiate and execute an agreement with a consultant to be selected in an expedited procurement to provide professional services in support of ADSRP, for an amount Not-to-Exceed $500,000. Staff sought the Board’s delegation at that time after determining that in order to avoid project delay, additional consultant resources were needed to assist with technical editing, quality assurance/quality control, and publication of the Draft EIR while Horizon continued to prepare the environmental analysis. On July 13, 2023, the CEO executed Agreement No. A4860A with Rincon to lead the production of the ADSRP Draft EIR with a Not-to-Exceed Fee of $400,000.
On September 21, 2023, Valley Water amended the agreement with Horizon to reduce the environmental planning and regulatory permitting scope of services. On October 10, 2023, the Board authorized the CEO to negotiate and execute an amendment to Agreement No. A4860A with Rincon for additional planning services, increasing the Not-to-Exceed fee to $800,000. This additional funding allowed Rincon to assist Valley Water with preparing responses to public comments on the draft EIR and performing some additional technical analysis. Rather than pursuing an amendment to add funds to Agreement A4860A, staff determined that it would be preferable to retain a consultant through Valley Water’s standard competitive consultant selection process (described below) to complete the remaining tasks necessary to finalize the EIR and to provide support on planning or permitting activities.
Consultant Selection Process
Prior to publishing the Request for Qualifications (RFQ) to solicit environmental planning and permitting services, staff conducted outreach to 231 firms registered under the National Institute of Governmental Purchasing, Inc. (NIGP) Category Codes, under category code 91843-Environmental Consulting, which is one of three targeted categories within Valley Water’s Procurement Portal, PlanetBids (PB). Staff also advertised in the San Jose Post Record newspaper and Small Business Exchange, Inc.
On December 11, 2023, staff published the RFQ for Environmental Planning and Permitting Services for the ADSRP by sending it to 233 firms that were registered with NIGP, category code 91843-Environmental Consulting. Of the total 233 firms informed of the solicitation, 17 firms confirmed interest as prospective proposers in PB.
One (1) proposal was received on January 5, 2024, from the consultant firm, Rincon Consultants, Inc.
An Evaluation Committee (EC), consisting of five (5) panelists from Valley Water with subject matter expertise ADSRP evaluated and ranked the written proposal. The EC invited Rincon Consultants, Inc. to participate in an oral interview. The EC completed the final selection process for the subject RFQ, and based on their overall, technical and oral evaluation, have concluded that Rincon Consultants, Inc. demonstrates the overall experience, approach to, and understanding of the scope of services. The EC recommended that staff proceed to agreement negotiations with Rincon Consultants, Inc.
Staff recommends Board approval of the Standard Consultant Agreement with Rincon Consultants, Inc., to provide environmental planning and permitting services for the Anderson Dam Seismic Retrofit Project, for a Not-to-Exceed fee of $1,535,000 for a term through June 1, 2027. The Standard Consultant Agreement will be provided to the Board by Supplemental Board Agenda Memorandum to be distributed on Friday, April 19, 2024.
Consultant Agreement and Scope of Services
The recommended Consultant Agreement with Rincon includes the required tasks to perform environmental planning and permitting services to produce the Final EIR, complete the CEQA process, support possible environmental documentation required under the National Environmental Policy Act, and perform environmental planning tasks that may arise for other Project environmental approvals. A summary of tasks and fees for this Agreement is presented in Table 1 below.
Table 1
Summary of Tasks and Fees
|
Task |
Description |
Not-to-Exceed Fees |
|
1 |
Project Management |
$232,088 |
|
2 |
Environmental Documentation |
$947,665 |
|
3 |
Cultural Resources and Tribal Support |
$154,357 |
|
4 |
Supplemental Services |
$200,890 |
|
Total Not-to-Exceed Fees |
$1,535,000 |
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
There are no Environmental Justice and Equity Impacts associated with this action. Environmental Justice Impacts associated with ADSRP will be evaluated and included in a future update to the Board.
FINANCIAL IMPACT:
The Anderson Dam Seismic Retrofit Project, Project No. 91864005, is included in the Capital Improvement Program (CIP) Draft Fiscal Years (FY) 2025-29 Five-Year Plan and in the FY 2023-24 Adopted Budget. The Not-to-Exceed fee for Agreement A5019A is $1,535,000.
There are adequate funds in the Project’s FY 2023-24 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 A5019A would increase the total Project cost reflected in the CIP’s FY 2025-29 Five-Year Plan. The increase in the total Project cost will be incorporated into the CIP’s Draft FY 2025-29 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 Fund (Fund 61) with 81.9% of the costs allocated to North County Zone W-2, 7.9% to South County Zone W-5 and 10.3% to South County Zone W-7. A portion of the Project’s costs is expected to be financed by the WIFIA planning and design loan executed by Valley Water and the United States Environmental Protection Agency on February 14, 2023, which requires professional services consultants to comply with certain federal requirements that have been incorporated into the consultant agreement.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have a potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment A: Gov. Code § 84308
*Supplemental Board Agenda Memo
*Supplemental Attachment 1: Agreement
UNCLASSIFIED MANAGER:
Manager
Ryan McCarter, 408-630-2983