To: Board of Supervisors
Department or Agency Name(s): Sonoma County Public Infrastructure
Staff Name and Phone Number: Johannes J. Hoevertsz, 707-565-2550
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
First Amendment - Mecham Road Mitigation Bank Enabling Instrument Agreement
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Recommended Action:
Recommended action
Authorize the Chair to approve a First Amendment to the agreement with WRA Environmental Consultants (WRA) for preparation of a bank enabling instrument for the Mecham Road Mitigation Bank to expand the scope of services to include land use consulting and increase the total contract by $82,500, for a new not-to-exceed amount of $774,704, with no change to the term.
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Executive Summary:
The Sonoma County Department of Public Infrastructure (SPI) is requesting approval of a First Amendment to a professional services agreement with WRA Environmental Consultants for preparation of a bank enabling instrument for the Mecham Road Mitigation Bank. The amendment would expand the scope of service to include engagement of land use specialists necessary to complete the project and increase the contract value by $82,500 for a new, not to exceed amount of $774,704. All subcontracts entered into pursuant to this contract amendment are subject to review and approval by County Counsel prior to their execution to assure that they are appropriate mechanisms to deliver the services needed. The term of the original agreement remains the same for three years from November 28, 2023 through October 24, 2026.
Discussion:
Background:
The Mecham Road Mitigation Bank project is a significant initiative for Sonoma County Public Infrastructure (SPI) and was approved by the Board on December 12, 2023 after having gone through a competitive selection process. Once completed, the project will create a mitigation bank on County-owned land which will allow the County to address environmental mitigation issues for various capital projects in an efficient, cost effective, manner. After initial approval of the project, it was recognized that the complexities of developing a mitigation bank, including intricate regulatory frameworks and specific legal requirements, will require additional specialized expertise. Consequently, WRA is engaging with land use specialists to ensure compliance with environmental laws and regulations and to navigate the intricacies inherent in such an environmentally strategic project.
Pending approval of a first amendment to their contract, WRA will procure, subject to prior review and approval by County Counsel, experts with a profound understanding of mitigation banks, land use, and our local waste system. The recommended specialists will possess unique expertise in the relevant fields and will have a proven track record in advising on similar projects. However, any specialized legal services that may deemed necessary and appropriate for this project will be retained by and through the Office of County Counsel. The specialists will also be responsible for advising WRA on matters related to the Mecham Road Mitigation Bank project. This includes, but is not limited to, reviewing aspects of the bank enabling instrument, ensuring compliance with relevant regulations, and providing guidance on any issues that may arise during the development process. County Counsel will be consulted as related to all legal concerns that may arise with the project, will be engaged to perform review of all package instruments, and will retain outside counsel, if needed, to support the project.
Staff recommends the Board approve the proposed First Amendment to the agreement with WRA for preparation of a bank enabling instrument for the Mecham Road Mitigation Bank to include the services of land use specialists for the duration of the agreement with no change in term, and for a total amount not to exceed $82,500.
Strategic Plan:
This item directly supports the County’s Five-year Strategic Plan and is aligned with the following pillar, goal, and objective.
Pillar: Climate Action and Resiliency
Goal: Goal 5: Maximize opportunities for mitigation of climate change and adaptation through land conservation work and land use policies
Objective: Objective 1: Align the Board of Supervisor’s strategic priorities, policy, and operational goals with funding and resources.
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
12/12/23 - Board approved an agreement with WRA to develop a Bank Enabling Instrument for the Mecham Road Mitigation Bank
9/15/20 - Board approved an agreement with WRA to prepare a draft Mitigation Bank Prospectus for creating habitat for California Tiger Salamander.
Fiscal Summary
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Expenditures |
FY23-24 Adopted |
FY24-25 Projected |
FY25-26 Projected |
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Budgeted Expenses |
$0 |
$82,500 |
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Additional Appropriation Requested |
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Total Expenditures |
$0 |
$82,500 |
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Funding Sources |
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General Fund/WA GF |
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State/Federal |
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Fees/Other |
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Use of Fund Balance |
$0 |
$82,500 |
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General Fund Contingencies |
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Total Sources |
$0 |
$82,500 |
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Narrative Explanation of Fiscal Impacts:
Total estimated value of consultant work to be completed is $774,704, comprised of $692,204 from the approved agreement dated December 12, 2023, and an additional $82,500, subject to the approval of this First Amendment.
Appropriations for this First Amendment will be included in the Fiscal Year 2024-25 Recommended Budget in the amount of $82,500 from the Former Rural Landfill Fund 41122 available fund balance.
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Staffing Impacts: |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
None.
Attachments:
First Amendment
Exhibits A-1 & C-1
Related Items “On File” with the Clerk of the Board:
Agreement with WRA for Bank Enabling Instrument for the Mecham Road Mitigation