Title
Planning and Building Department, Planning Division, recommending the Board approve and authorize the Chair to sign Amendment VIII to Agreement 447 with Ascent Environmental, Inc., for the provision of as-needed environmental consulting services, increasing the compensation amount by $700,000 for a total not-to-exceed amount of $3,200,000, with no change to the scope of work and contract term expiring on December 31, 2026.
FUNDING: Developer Funded.
Body
DISCUSSION / BACKGROUND
The California Environmental Quality Act (CEQA) and County CEQA Resolution 61-87 allow the County to hire consultants, funded by the applicant, to prepare complex and comprehensive CEQA documents such as Environmental Impact Reports (EIRs).
On October 6, 2016, the County’s Purchasing Agent approved Agreement 447 with Ascent Environmental, Inc. (Ascent) to assist the Planning and Building Department (Department) with providing as-needed planning and environmental services for development projects.
Ascent continues to assist the Department with processing several major development projects, including the Village of Marble Valley Specific Plan, the Lime Rock Valley Specific Plan, the Costco Commercial Center EIR, the Dorado Oaks Subdivision Map Project, and the Serrano Village Green Project. In addition to these major development projects, Ascent assists the Department with as-needed minor CEQA inquiries (General Fund) and preparation of Initial Studies/Negative Declarations for smaller development projects. The proposed Amendment VII would increase the compensation by $700,000 for a new not-to-exceed amount of $3,200,000, with no changes to the term of the agreement or scope of work, to allow the Department to finalize these projects with Ascent’s assistance. Further, the Department could rely on Ascent for additional planning and environmental services for other development projects on an as-needed basis, as budget and time allow. As this is an on-call/as-needed contract, the scope of work is included in the individual work order for each project assigned to Ascent.
In addition to the changes noted above, other administrative changes were determined necessary and made throughout Agreement 447 as amended. In addition to updating Article III, Compensation for Services, other changes include: updating the last paragraph of Article XXII, Conflict of Interest, adding Exhibit C-2, Updated California Levine Act Statement, and updating Article XXX, County’s Contract Administrator.
The Department has been in contract with Ascent under Agreement 447 since 2016, and the Agreement is on its seventh amendment. While the Department explored other avenues to prevent further extensions to the current Agreement, the only viable solution would require the transferring of existing Work Orders to a new agreement - a process that would entail significant effort and could lead to billing complications. The Department will continue under the current Agreement without undertaking additional large development projects, ensuring that the Agreement does not extend past the term of current projects and allowing it to expire in tandem with their completion.
ALTERNATIVES
The Board may choose not to approve this proposed Amendment VII; however, this would require that existing staff absorb the additional work needed to complete the processing of projects currently in progress. Existing planning staff are currently fully-tasked and an increased workload would result in delays to current and future projects.
In addition, many planning staff lack the environmental and technical expertise to process these complex applications. Ascent’s experience in processing a broad range of development applications helps to ensure that the public, staff, the Board, and other stakeholders have the information necessary to evaluate and make decisions regarding the projects.
PRIOR BOARD ACTION:
On April 25, 2017 (Legistar file 17-0213), the Board approved Amendment I to Agreement 447, increasing the compensation by $234,600 for a total not-to-exceed amount of $300,000, and expanding the scope of work to include planning and environmental services for other development project applications.
On September 24, 2019, (Legistar file 19-1355), the Board approved Amendment II to Agreement 447, extending the term of the Agreement by three (3) years for a revised expiration date of October 5, 2022, and increasing the compensation by $100,000 for a total not-to-exceed amount of $400,000, with no changes to the scope of work.
On June 30, 2020, (Legistar file 20-0507), the Board approved Amendment III to Agreement 447, extending the term of the Agreement by six (6) months for a revised expiration date of April 5, 2023, and increasing the compensation by $400,000 for a total not-to-exceed amount of $800,000, with no changes to the scope of work.
On December 7, 2021 (Legistar file 21-1258), the Board approved Amendment IV to Agreement 447, increasing the compensation by $800,000 for a total not-to-exceed amount of $1,600,000, and updating Exhibit B to reflect the consultant’s current hourly rates, with no changes to the scope of work or term of the Agreement.
On April 4, 2023 (Legistar file 23-0171), the Board approved Amendment V to Agreement 447, extending the term of the Agreement by three (3) years for a revised expiration date of April 15, 2026, with no changes to the compensation or scope of work.
On February 27, 2024 (Legistar file 23-1941), the Board approved Amendment VI to Agreement 447, increasing the compensation by $600,000 for a total not-to-exceed amount of $2,200,000, with no changes to the scope of work or term of the Agreement.
On April 29, 2025 (Legistar file 25-0325), the Board approved Amendment VII to Agreement 447, increasing the compensation by $300,000 for a total not-to-exceed amount of $2,500,000 and extending the term by eight (8) months for a revised expiration date of December 31, 2026, with no change to scope of work.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management have approved the proposed Amendment
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
Funding for these services has been included in the Department’s Fiscal Year 2025-26 budget and funding for these services beyond Fiscal Year 2025-26 will be included in subsequent budgets accordingly.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on two (2) original copies of Amendment VIII; and
2) The Clerk of the Board will forward one (1) fully-executed original of Amendment VIII to the Chief Administration Office, Procurement and Contracts Division, for further processing.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Ande Flower, Planning Manager
Planning and Building Department