Title
Planning and Building Department, Planning Division, recommending the Board:
1) Approve and authorize the Chair to sign Amendment IX to Agreement 510 with ICF Jones and Stokes, Inc. for the provision of preparing environmental documents and planning consultation services for the proposed Lime Rock Valley Specific Plan, increasing the not-to-exceed amount by $34,229.67 for a new not-to-exceed amount of $809,547.15, extending the term by thirteen (13) months for a new expiration date of December 31, 2026, and updating the Scope of Work; and
2) Approve and authorize the Chair to sign Amendment IX to Agreement 516 with ICF Jones and Stokes, Inc. for the provision of preparing environmental documents and planning consultation services for the proposed Village of Marble Valley Specific Plan, increasing the not-to-exceed amount by $36,064 for a new not-to-exceed amount of $874,777.73, extending the term by thirteen (13) months for a new expiration date of December 31, 2026, and updating the Scope of Work.
FUNDING: Developer Funded - 100%.
Body
DISCUSSION/BACKGROUND
The California Environmental Quality Act (CEQA) and County CEQA Resolution 61-87 allow the County to utilize consultants, funded by the Project applicant, to prepare complex and comprehensive CEQA documents such as Environmental Impact Reports (EIRs).
The County has had Agreements with ICF Jones and Stokes Inc. (ICF) since 2012 to prepare EIRs for the proposed Lime Rock Valley Specific Plan Project (LRVSP) (Agreement 510 [formerly 267-S1311 and also referred to as 007D-A-12/13-BOS]) and the proposed Village of Marble Valley Specific Plan Project (VMVSP) (Agreement 516 [formerly 268-S1311 and also referred to as 008D-A-12/13-BOS]). Since the execution of the original Agreements, there have been eight (8) amendments to the Agreements to address various components including, but not limited to, changes in CEQA Guidelines, adjustments to the fee schedule, and budget increases to support the extended Project schedules and additional associated work.
Agreement 510 (007D-A-12/13-BOS)
Proposed Amendment IX to Agreement 510 will increase the not-to-exceed amount by $34,229.67 for a new not-to-exceed amount of $809,547.15, extend the term of Agreement 510 from November 11, 2025 to December 31, 2026, and update the Scope of Work (Attachment B, Exhibit A-7, Additional Scope of Services). The LRVSP EIR has been delayed due to the changing regulatory environment related to biological resources and wildfire. A Partial Recirculated Draft EIR is required to update the impact analysis to include potential impacts to the Crotch Bumble Bee and human induced wildfire ignition. In relation to the Partial Recirculated Draft EIR, ICF will address public comments received and update the Final EIR as necessary to clarify and emphasize information.
In addition to the changes noted above, other minor administrative changes were determined necessary and made throughout Agreement 510 as amended. These changes include: replacing Amended Exhibit D-4, Amended Cost Estimate with Amended Exhibit D-5, Amended Cost Estimate to reflect the increase in the not-to-exceed amount; and updated contract provisions, updating Article XVI, Conflict of Interest, in its entirety and replacing Exhibit E, California Levine Act, with Exhibit E-1, California Levine Act Statement.
Agreement 516 (008D-A-12/13-BOS)
Proposed Amendment IX to Agreement 516 will increase the not-to-exceed amount by $36,064 for a new not-to-exceed amount of $874,777.73, extend the term of Agreement 516 from November 11, 2025 to December 31, 2026, and update the Scope of Work (Attachment B, Exhibit A-7, Additional Scope of Services). The VMVSP EIR has been delayed due to the changing regulatory environment related to biological resources and wildfire. A Partial Recirculated Draft EIR is required to update the impact analysis to include potential impacts to the Crotch Bumble Bee and human induced wildfire ignition. In relation to the Partial Recirculated Draft EIR, ICF will address public comments received and update the Final EIR as necessary to clarify and emphasize information.
In addition to the changes noted above, other minor administrative changes were determined necessary and made throughout Agreement 516 as amended. These changes include: replacing Amended Exhibit D-4, Amended Cost Estimate with Amended Exhibit D-5, Amended Cost Estimate to reflect the increase in the not-to-exceed amount; and updated contract provisions, updating Article XVI, Conflict of Interest, in its entirety and replacing Exhibit E, California Levine Act, with Exhibit E-1, California Levine Act Statement.
Funding Agreements 24-0007 and 24-0008
Funding Agreements 24-0007 (VMVSP) and 24-0008 (LRVSP) were established to collect a deposit from the project applicants to ensure reimbursement to the County for the costs incurred in the preparation of the EIRs. The County is currently retaining $69,869.99 through Funding Agreement 24-0007 (VMVSP) and $76,698.75 through Funding Agreement 24-0008 (LRVSP) until final County action and/or withdrawal of the projects and payment of any and all County invoices. Although the County has the ability to collect an additional deposit through amendments to these Funding Agreements, the Planning and Building Department (Department) does not perceive these increases in not-to-exceed amounts as substantial enough to warrant amendments to the Funding Agreements.
Approval of the proposed Amendments to Agreements 510 and 516 will allow for the completion of the environmental review process to identify, evaluate, and prevent the potential environmental effects of the LRVSP and VMVSP projects, and does not promote the project or provide approval for any aspect of the projects.
ALTERNATIVES
The Board may choose not to approve the proposed Amendments. As a result, the Department anticipates the applicants will obtain a consultant(s) to complete the preparation of the EIRs and submit to the County, which would limit the County’s oversight of the preparation and completion of the EIRs.
The Department believes it is in the County’s best interest to remain in an oversight role in the process for the LRVSP and VMVSP projects to ensure that the County’s and public’s interests are directly represented throughout the EIR preparation process, and to maintain maximum control over the content and analysis in the EIRs.
PRIOR BOARD ACTION
On November 13, 2012 (Legistar 12-1370, V1), the Board approved Agreement 007D-A-12/13-BOS (Agreement 510) with ICF, with a not-to-exceed amount of $283,082, and a term of three (3) years, for the proposed LRVSP project. This Agreement provides direct Consultant services to the County for the preparation of the LRVSP EIR and planning consultation services, to be fully funded by the applicant, G3 Enterprises, Inc. The Board also approved a Funding Agreement with the applicant, Funding Agreement 005D-F-12/13-BOS, collecting a deposit of $102,897. The Funding Agreement established a legally binding mechanism that allows the County to be reimbursed by the applicant for costs incurred in preparation of the EIR.
On November 13, 2012 (Legistar File 12-1354, V1), the Board approved Agreement 008D-A-12/13 BOS (Agreement 516) with ICF, with a not-to-exceed amount of $301,387, and a term of three (3) years, for the proposed VMVSP project. This Agreement provides direct Consultant services to the County for the preparation of the VMVSP EIR and planning consultation services, to be fully funded by the applicant, Marble Valley Company LLC. The Board also approved a Funding Agreement with the applicant, Funding Agreement 006D-F-12/13-BOS, collecting a deposit of $108,389. The Funding Agreement established a legally binding mechanism that allows the County to be reimbursed by the applicant for costs incurred in preparation of the EIR.
On March 11, 2014 (Legistar File 12-1370, V2), the Board approved Amendment I to Agreement 510, increasing the not-to-exceed amount by $76,225 for a total not-to-exceed amount of $359,307, and Amendment I to Funding Agreement 005D-F-12/13-BOS, increasing the deposit by $77,207 for a total deposit amount of $180,104.
On March 11, 2014 (Legistar File 12-1354, V2), the Board approved Amendment I to Agreement 516, increasing the not-to-exceed amount by $70,209 for a total not-to-exceed amount of $371,596, and Amendment I to Funding Agreement 006D-F-12/13-BOS, increasing the deposit by $72,238 for a total deposit amount of $180,627.
On July 22, 2014 (Legistar File 12-1370, V3), the Board approved Amendment II to Agreement 510, authorizing an amendment to Exhibit C to adjust ICF’s hourly rates.
On July 22, 2014 (Legistar File 12-1354, V3), the Board approved Amendment II to Agreement 516, authorizing an amendment to Exhibit C to adjust ICF’s hourly rates.
On April 14, 2015 (Legistar File 12-1370, V4), the Board approved Amendment III to Agreement 510, increasing the not-to-exceed by $103,774 for a total not-to-exceed amount of $463,081, and extending the term by two (2) years, and Amendment II to Funding Agreement 005D-F-12/13-BOS, increasing the deposit by $54,587 for a total deposit amount of $234,691.
On April 14, 2015 (Legistar File 12-1354, V4), the Board approved Amendment III to Agreement 516, increasing the not-to-exceed by $111,321 for a total not-to-exceed amount of $482,917, and extending the term by two (2) years, and Amendment II to Funding Agreement 006D-F-12/13-BOS, increasing the deposit by $59,916 for a total deposit amount of $240,543.
On March 8, 2016 (Legistar File 12-1370, V5), the Board approved Amendment IV to Agreement 510, increasing the not-to-exceed by $112,340 for a total not-to-exceed amount of $575,421, and extending the term by three (3) years, and Amendment III to Funding Agreement 005D-F-12/13-BOS, increasing the deposit by $41,102 for a total deposit amount of $275,893.
On March 8, 2016 (Legistar File 12-1354, V5), the Board approved Amendment IV to Agreement 516, increasing the not-to-exceed by $112,340 for a total not-to-exceed amount of $595,257, and extending the term by three (3) years, and Amendment III to Funding Agreement 006D-F-12/13-BOS, increasing the deposit by $41,202 for a total deposit amount of $281,745.
On June 23, 2020 (Legistar File 20-0444), the Board approved Amendment V to Agreement 510, increasing the not-to-exceed by $77,886.38 for a total not-to-exceed amount of $653,307.38, and extending the term by three (3) years. The Board also approved Amendment V to Agreement 516, increasing the not-to-exceed by $120,939.64 for a total not-to-exceed amount of $716,196.64, and extending the term by three (3) years.
On July 19, 2022 (Legistar File 22-1102), the Board approved Amendment VI to Agreement 510, increasing the not-to-exceed by $57,564.59 for a total not-to-exceed amount of $710,871.97, with no changes to the term. The Board also approved Amendment VI to Agreement 516, increasing the not-to-exceed by $71,345.40, for a total not-to-exceed amount of $787,542.04, with no changes to the term.
On October 24, 2023 (Legistar File 23-1443), the Board approved Amendment VII to Agreement 510, extending the term of the Agreement by two (2) years, with no changes to the not-to-exceed amount or Scope of Work. The Board also approved Amendment VII to Agreement 516, extending the term of the Agreement by two (2) years, with no changes to the not-to-exceed amount or Scope of Work.
On May 21, 2024 (Legistar File 24-0234), the Board approved Amendment VIII to Agreement 510, increasing the not-to-exceed amount by $64,445.51 for a total not-to-exceed amount of $775,317.48, with no changes to the term. The Board also approved Funding Agreement 24-0008 with Lime Rock Valley LLC, terminating Funding Agreement 005D-F-12/13-BOS, and collecting a total deposit amount of $76,698.75. The deposit amount will be retained by the County until final County action and/or withdrawal of the LRVSP project.
On May 21, 2024 (Legistar File 24-0871), the Board approved Amendment VIII to Agreement 516, increasing the not-to-exceed amount by $51,171.69 for a total not-to-exceed amount of $838,713.73, with no changes to the term. The Board also approved Funding Agreement 24-0007 with Marble Valley Company LLC, terminating Funding Agreement 006D-F-12/13-BOS, and collecting a total deposit amount of $69,869.99. The deposit amount will be retained by the County until final County action and/or withdrawal of the LRVSP project.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. All costs are paid by the project applicants. Funding for these services has been included in the Department’s Fiscal Year 2024-25 budget. Funding for these services beyond Fiscal Year 2024-25 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 IX to Agreements 510 and 516; and
2) The Clerk of the Board will forward original Amendment IX to Agreements 510 and 516 to the Chief Administrative Office, Procurement and Contracts Division, for further processing;
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Robert Peters, Deputy Director of Planning
Planning and Building Department