File #: A 14-039    Name:
Type: BoS Agreement Status: Passed
File created: 3/28/2014 In control: Board of Supervisors
On agenda: 4/8/2014 Final action: 4/8/2014
Title: a. Approve Amendment No. 1 to Professional Services Agreement No. A-12432 with Rincon Consultants, Inc. where the Base budget is increased by $38,350.00 to $247,295.00 and the Contingency budget is increased by $30,000.00 to $103,130.75, for a total amount not to exceed $350,425.75 to complete new tasks and re-evaluation of the original tasks to accommodate the revision to the project description and site plan for the Environmental Impact Report (EIR) for the California Flats Solar Project (PLN120294) in South County, and extend the term to March 31, 2015; and b. Approve Amendment No. 1 to Funding Agreement No. A-12433 with California Flats Solar, LLC where the Base budget is increased by $38,350.00 to $247,295.00, the Contingency budget is increased by $30,000.00 to $103,130.75, and the County Contract Administration Fee is unchanged at $3,170.00, for a total amount not to exceed $353,595.75 to allow funding to Monterey County for costs incurred by Rincon Consultants, Inc. and County...
Attachments: 1. Attachment A - Amendment No. 1 to PSA with Rincon Consultants, Inc., 2. Attachment B - Amendment No. 1 to FA with California Flats Solar, LLC, 3. Attachment C - Summary of PSA and FA, 4. Fully Executed Agreement, Funding Agreement Between County of Monterey and California Flats Solar, LLC, 5. Fully Executed Agreement, Professional Services Agreement between County of Monterey and California Flats Solar, LLC, 6. Completed Board Order
Title
a. Approve Amendment No. 1 to Professional Services Agreement No. A-12432 with Rincon Consultants, Inc. where the Base budget is increased by $38,350.00 to $247,295.00 and the Contingency budget is increased by $30,000.00 to $103,130.75, for a total amount not to exceed $350,425.75 to complete new tasks and re-evaluation of the original tasks to accommodate the revision to the project description and site plan for the Environmental Impact Report (EIR) for the California Flats Solar Project (PLN120294) in South County, and extend the term to March 31, 2015; and
b. Approve Amendment No. 1 to Funding Agreement No. A-12433 with California Flats Solar, LLC where the Base budget is increased by $38,350.00 to $247,295.00, the Contingency budget is increased by $30,000.00 to $103,130.75, and the County Contract Administration Fee is unchanged at $3,170.00, for a total amount not to exceed $353,595.75 to allow funding to Monterey County for costs incurred by Rincon Consultants, Inc. and County departments to complete new tasks and re-evaluation of the original tasks to accommodate the revision to the project description and site plan for the EIR for the California Flats Solar Project (PLN120294) in South County, and extend the term to March 31, 2015; and  
c. Authorize the Director of Planning to execute Amendment No. 1 to Professional Services Agreement No. A-12432, Amendment No. 1 to Funding Agreement No. A-12433 and future amendments to the Agreements where the amendments do not significantly alter the scope of work or change the approved Agreement amounts.
(PLN120294/California Flats Solar Project in South County - PD060202/Rincon Consultants, Inc.)
 
 
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a.      Approve Amendment No. 1 to Professional Services Agreement No. A-12432 with Rincon Consultants, Inc. where the Base budget is increased by $38,350.00 to $247,295.00 and the Contingency budget is increased by $30,000.00 to $103,130.75, for a total amount not to exceed $350,425.75 to complete new tasks and re-evaluation of the original tasks to accommodate the revision to the project description and site plan for the Environmental Impact Report (EIR) for the California Flats Solar Project (PLN120294) in South County, and extend the term to March 31, 2015; and
b.      Approve Amendment No. 1 to Funding Agreement No. A-12433 with California Flats Solar, LLC where the Base budget is increased by $38,350.00 to $247,295.00, the Contingency budget is increased by $30,000.00 to $103,130.75, and the County Contract Administration Fee is unchanged at $3,170.00, for a total amount not to exceed $353,595.75 to allow funding to Monterey County for costs incurred by Rincon Consultants, Inc. and County departments to complete new tasks and re-evaluation of the original tasks to accommodate the revision to the project description and site plan for the EIR for the California Flats Solar Project (PLN120294) in South County, and extend the term to March 31, 2015; and  
c.      Authorize the Director of Planning to execute Amendment No. 1 to Professional Services Agreement No. A-12432, Amendment No. 1 to Funding Agreement No. A-12433 and future amendments to the Agreements where the amendments do not significantly alter the scope of work or change the approved Agreement amounts.
 
SUMMARY:
See Attachment C - Summary of Professional Services Agreement (PSA) and Funding Agreement (FA).
DISCUSSION:
California Flats Solar, LLC, Project Applicant, requested a revision to the project description and site plan for the Environmental Impact Report (EIR) for the California Flats Solar Project.  Amendment No. 1 to PSA No. A-12432 with Rincon Consultants, Inc. and Amendment No. 1 to FA No. A-12433 with California Flats Solar, LLC provides for the completion of new tasks and the re-evaluation of the original tasks associated with the revision to the project description and site plan to complete the EIR for the California Flats Solar Project.  Amendment No. 1 will increase the PSA by $68,350.00 ($38,350.00 Base budget plus a $30,000.00 Contingency budget), for a total amount not to exceed $350,425.75 and will increase the FA by $68,350.00 ($38,350.00 Base budget plus a $30,000.00 Contingency budget and $0 for Contract Administration Fee), for a total amount not to exceed $353,595.75 and extends the term through March 31, 2015.
 
OTHER AGENCY INVOLVEMENT:
The following agencies have reviewed Amendment No. 1 as to form and legality and fiscal provisions, respectively:
Office of the County Counsel
Auditor-Controller's Office
 
Due to late submission of this Board Report, the CAO Budget  and Analysis Division was not provided adequate time to fully review for potential fiscal, organizational, policy or other implication to the County of Monterey.
 
FINANCING:
Pursuant to the terms of the FA with California Flats Solar, LLC, Project Applicant, and the County, the expenses of Rincon Consultants, Inc. to provide an EIR for the California Flats Solar Project and fees associated with County contract administration will be funded through budgets established in the FA.  Separate fees for County staff costs associated with the Project will be paid by the Project Applicant in accordance with the County of Monterey Land Use Fee Schedule.  There will be no impact to the General Fund.
 
Prepared by:      Delinda Robinson, Senior Planner, Ext. 5198
Approved by:       Mike Novo, Director, RMA - Planning, Ext. 5192
            Benny Young, Director, Resource Management Agency
 
This report was prepared with assistance by Shelley Dickinson, Management Analyst I, and reviewed by Dalia M. Mariscal-Martinez, Management Analyst II.
 
The follow attachments are on file with the Clerk of the Board:
 
Attachment A            Amendment No. 1 to PSA with Rincon Consultants, Inc.
Attachment B             Amendment No. 1 to FA with California Flats Solar, LLC
Attachment C             Summary of PSA and FA