Title
Planning and Building Department, Planning Division, recommending the Board consider the following:
1) Approve and authorize the Chair to sign Amendment X to Agreement 510 with ICF Environmental, Inc. for the provision of preparing environmental documents and planning consultation services for the proposed Lime Rock Valley Specific Plan, extending the term by two (2) years for a new expiration date of December 31, 2028, with no changes to the scope of work or not-to-exceed amount of $809,547.15; and
2) Authorize the Purchasing Agent to execute any further documents determined necessary related to Agreement 510, including amendments which do not increase the amount or term of the Agreement, contingent upon approval by County Counsel and Risk Management.
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 an Agreement with ICF Environmental, Inc. (ICF) since 2012 to prepare an EIR 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]). Since the execution of the original Agreement, there have been nine (9) amendments to the Agreement 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.
Proposed Amendment X to Agreement 510 will extend the term of the Agreement from December 31, 2026 to December 31, 2028, with no changes to the scope of work or not-to-exceed amount. The schedule for completion of work under the Agreement has been delayed due to ongoing Development Agreement (DA) negotiations between the County and the project applicant. A DA is a mutually agreed-upon contract outlining the provisions for development of the property, the obligations of the developer and the County, and the time frames for certain actions. The terms of the DA are actively being negotiated and may evolve. Once negotiations progress, ICF will be able to proceed with the remaining work and finalize the required deliverables
In addition to the term extension, the Amendment also updates the County’s Contract Administrator to reflect current staff assignments and responsibilities.
Approval of the proposed Amendment to Agreement 510 will allow for the completion of the environmental review process to identify, evaluate, and prevent the potential environmental effects of the LRVSP project, and does not promote the project or provide approval for any aspect of the project.
ALTERNATIVES
The Board may choose not to approve the proposed Amendment. As a result, the Department anticipates the applicant will obtain a consultant(s) to complete the preparation of the EIR and submit to the County, which would limit the County’s oversight of the preparation and completion of the EIR.
The Department believes it is in the County’s best interest to remain in an oversight role in the process for the LRVSP project 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 EIR.
PRIOR BOARD ACTION
On November 13, 2012 (Legistar File 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. 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 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 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 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 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 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.
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.
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.
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 April 8, 2025 (Legistar File 25-0235), the Board approved Amendment IX to Agreement 510, 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, and updating the scope of work.
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 applicant. Funding for these services has been included in the Department’s Fiscal Year 2026-27 budget. Funding for these services beyond Fiscal Year 2026-27 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 X to Agreement 510; and
2) The Clerk of the Board will forward original Amendment X to Agreement 510 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