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File #: A 18-012    Name: Amendment No. 1 - Standard Agreement with Albion Environmental Inc.
Type: BoS Agreement Status: Consent Agenda
File created: 1/19/2018 In control: Board of Supervisors
On agenda: 2/6/2018 Final action:
Title: a. Approve Amendment No. 1 to Standard Agreement with Albion Environmental, Inc. to: include one full-time on-site Native American construction monitor from the Monterey Band of the Ohlone-Costanoan-Esselen Nation (OCEN) during construction of the Moss Landing Rule 20A Underground Utility District Project; increase the not to exceed amount of $49,089.61 by $59,931.36 for a total not to exceed amount of $108,020.97; and extend the expiration date one (1) additional year for a revised term from October 15, 2017 to October 15, 2019; and b. Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute Amendment No. 1 to the Standard Agreement; and c. Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute future amendments to the Standard Agreement to extend the term beyond the original term authorized in RFP No. 10513 where the amendments do not significantly alter the scope of work or change the approved Agreement amount.
Attachments: 1. Board Report, 2. Attachment A - Amendment No. 1 to SA, 3. Attachment B - SA, 4. Attachment C - Project Budget, 5. Attachment D - Location Map, 6. Attachment E - Summary of SA, 7. Attachment F - Summary of SA's Annual Expenditure and Balance, 8. Completed Board Order, 9. Fully Executed Agreement, 10. Fully Executed Agreement between the County of Monterey and Albion Environmental, Inc.
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Title

a.  Approve Amendment No. 1 to Standard Agreement with Albion Environmental, Inc. to: include one full-time on-site Native American construction monitor from the Monterey Band of the Ohlone-Costanoan-Esselen Nation (OCEN) during construction of the Moss Landing Rule 20A Underground Utility District Project; increase the not to exceed amount of $49,089.61 by $59,931.36 for a total not to exceed amount of $108,020.97; and extend the expiration date one (1) additional year for a revised term from October 15, 2017 to October 15, 2019; and

b.  Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute Amendment No. 1 to the Standard Agreement; and

c.  Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute future amendments to the Standard Agreement to extend the term beyond the original term authorized in RFP No. 10513 where the amendments do not significantly alter the scope of work or change the approved Agreement amount.

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors:

a.                     Approve Amendment No. 1 to Standard Agreement with Albion Environmental, Inc. to: include one full-time on-site Native American construction monitor from the Monterey Band of the Ohlone-Costanoan-Esselen Nation (OCEN) during construction of the Moss Landing Rule 20A Underground Utility District Project; increase the not to exceed amount of $49,089.61 by $59,931.36 for a total not to exceed amount of $108,020.97; and extend the expiration date one (1) additional year for a revised term from October 15, 2017 to October 15, 2019; and

b.                     Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute Amendment No. 1 to the Standard Agreement; and

c.                     Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute future amendments to the Standard Agreement to extend the term beyond the original term authorized in RFP No. 10513 where the amendments do not significantly alter the scope of work or change the approved Agreement amount.

 

SUMMARY/DISCUSSION:

On June 7, 2005, the Board of Supervisors approved Resolution No. 05-120 creating the Moss Landing Area Rule 20A and 20B Underground Utility District No. 14 in the Community of Moss Landing.  This resolution set the completion date for underground utility companies and reconnection no later than December 2009, and removal of poles, overhead wires and other associated overhead structures no later than May 2010.  On July 26, 2011, the Board approved Resolution No. 11-271 extending these dates to March 2015 and June 2015, respectively.  On May 12, 2015, the Board approved Resolution No. 15-110 again extending these dates to March 2020 and June 2020, respectively.

 

On December 11, 2014, the Zoning Administrator approved Resolution No. 140-041 adopting a Mitigated Negative Declaration, approving a Combined Development Permit, and adopting a Mitigation Monitoring and Reporting Plan for the Moss Landing Rule 20A Underground Utility District project (PLN130590).  On December 16, 2014, the Board of Supervisors approved Resolution No. 14-364 adopting the Conditions of Approval and Mitigation Monitoring and Reporting Program for the project.

 

Condition of Approval No. 14 (Mitigation Measure No. 8) requires the County to retain a professional archaeologist to be present on the project site during construction activities that involve earth disturbance.  In compliance with that requirement, the County conducted a competitive Request for Proposal process, and on October 15, 2017, approved a Standard Agreement with Albion Environmental, Inc. of Santa Cruz, CA to provide the required services. 

 

Subsequently, during its review of the County’s request to extend the expiration date of the Combined Development Permit, the Office of the Zoning Administrator directed that the required archaeological monitoring services be amended to include a full-time on-site Native American construction monitor from the Monterey Band of the Ohlone-Costanoan-Esselen Nation (OCEN).  The recommended Amendment No. 1 to Albion’s Agreement will comply with that direction.

 

OTHER AGENCY INVOLVEMENT:

The Office of the County Counsel has reviewed and approved the recommended Amendment No. 1 as to form and legal effect. 

 

RMA Planning and the Zoning Administrator concur with the recommended Amendment No. 1.

 

The RMA Special Programs Section is working closely on behalf of the RMA-Public Works and Facilities Division to coordinate with AT&T, PG&E, Charter Communications, Comcast, and Moss Landing Marine Laboratories to implement construction of the project.

 

FINANCING:

All eligible costs of the Moss Landing Rule 20A Underground Utility District project will be borne by the utilities involved.  Any costs not eligible for reimbursement by Rule 20A funds, including compliance with environmental mitigations, are be borne by the Moss Landing Deposit Account in the Road Fund (Fund 002, Account 2686) funded by Duke Energy/ Dynegy.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

The recommended action complies with the Board of Supervisors’ Strategic Initiative for Infrastructure, “Plan and develop a sustainable, physical infrastructure that improves the quality of life for County residents and supports economic development results,” by providing up-to-date utility infrastructure in the community of Moss Landing, and by improving the quality of life of County residents in the community by removing unsightly overhead wires and poles.

 

_   Economic Development

__ Administration

__ Health & Human Services

Infrastructure

__ Public Safety

 

Prepared by:                      G.H. Nichols, P.E., Special Programs Section, RMA

Reviewed by:                     Melanie Beretti, Special Programs Manager, RMA

Approved by:     Carl P. Holm, AICP, RMA Director

 

The following attachments are on file with the Clerk of the Board:

Attachment A - Amendment No. 1 to SA

Attachment B - SA

Attachment C - Project Budget

Attachment D - Location Map

Attachment E - Summary of SA

Attachment F - Summary of SA’s Annual Expenditures and Balance