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C.28

To:	Board of Supervisors
From:	John Kopchik, Director, Conservation & Development Department
Date:	December 6, 2022

Contra

Costa

County

Subject:

Contract Amendment with Environmental Science Associates, Inc. for Environmental Review Work on the Keller Canyon Landfill Permit Amendment

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/06/2022

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, 925-655-2911

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 6, 2022
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract amendment with Environmental Science Associates, Inc. (ESA), to extend the term from December 31, 2022 through December 31, 2023, and revise Attachment B - Environmental Science Associates & Subsidiaries 2022 Schedule of Fees with no change to the payment limit of $402,588, to complete the California Environmental Quality Act (CEQA) review for the Keller Canyon Landfill permit amendment.

FISCAL IMPACT:

There is no impact to the General Fund. The cost for preparing the CEQA review is charged to the project applicant (100% 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) permit amendment. DCD retained ESA to prepare the environmental review document for the proposed permit amendment. The existing contract will expire on December 31, 2022, 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 environmental review be placed on hold pending completion of the previous land use permit review process (completed in June 2022), (2) potential changes to the scope of the project being considered by the landfill operator which, if formally proposed, may not require preparation of a Subsequent Environmental Impact Report (EIR), and (3) preparation of revised studies to assess potential impacts to certain environmental resources. ESA is best suited to complete the environmental review for this project due to the historical background 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:

Without Board approval, DCD will be unable to complete the CEQA review for the KCL permit amendment that has been partially prepared by ESA. The permit amendment process would be delayed in order for DCD staff to prepare a new proposal to enlist a consultant to finish the CEQA review process.