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C. 47

To:	Board of Supervisors
From:	John Kopchik, Director, Conservation & Development Department
Date:	December 15, 2020

Contra

Costa

County

Subject:

Contract Amendment with Environmental Science Associates for Environmental Review for Keller Canyon Landfill Land Use Permit Amendment

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/15/2020

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

David Brockbank, (925) 877-8185

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 15, 2020
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract amendment with Environmental Science Associates, Inc., to extend the term from December 31, 2020 through December 31, 2022 with no change to the payment limit of $402,588, to complete the Environmental Impact Report (EIR) for the Keller Canyon Landfill land use permit amendment.

FISCAL IMPACT:

There is no impact to the General Fund. The cost for preparing the EIR is charged to the project applicant (100% land use permit fees).

BACKGROUND:

The Department of Conservation and Development (DCD) is the lead agency responsible for conducting the environmental review of the proposed Keller Canyon Landfill (KCL) land use permit amendment. DCD determined that the proposed land use permit amendment (Project) warrants preparation of a Subsequent EIR pursuant to the requirements of the California Environmental Quality Act (CEQA). DCD retained Environmental Science Associates, Inc. (ESA) to prepare the EIR for this Project. The existing contract will expire on December 31, 2020, however it is not possible for the work to be completed within the existing time frame due to: (1) the Applicant's request that work on the EIR be placed on hold pending completion of the on-going land use permit review process, (2) potential changes to the scope of the project being

considered by the landfill operator which, if formally proposed, may necessitate circulation of a new Notice of Preparation, and (3) updated studies potentially being necessary to assess impacts to certain environmental resources. ESA is best suited to complete the EIR for this Project and therefore, DCD is requesting authorization to amend the contract with ESA.

No further changes are proposed to the be made to the existing modified indemnification provision of the General Conditions (paragraph 18) applicable to this contract. The contractor will continue to be required to indemnify the County.

CONSEQUENCE OF NEGATIVE ACTION:

DCD will be unable to complete the EIR for the KCL land use permit amendment that has been partially prepared by ESA. The land use permit amendment process would be delayed in order for DCD staff to prepare a new proposal to enlist a consultant to finish the EIR.