HomeMy WebLinkAboutFirst Amendment EIR 7230 Scarlet 3rd Party Admin. Agreemt SIGNED.pdf 1 FIRST AMENDMENT TO THE THIRD PARTY ADMINISTRATOR AGREEMENT
2 Helix Environmental Planning, Inc.
3 This first Amen ment to the Third Party Administrator Agreement (First
4 Amendment) is dated (Effective Date) and is between Helix
5 Environmental Planning, Inc.(Consultant) and the County of Fresno, a political subdivision of
6 the State of California (County). County and Consultant may be referred to individually as a
7 "Party,"or collectively as"Parties," in this Agreement.Applicant is not a party to this Agreement.
8 RECITALS
9 A. County and Consultant entered into the Third Party Administrator Agreement
10 (Agreement) dated January 7, 2022, under which the Consultant was to implement a Mitigation
11 Monitoring and/or Reporting Plan and Condition Compliance Matrix (Monitoring Plan).
12 B. Consultant and County desire to the change in the scope of services and budget for RE
13 Scarlet, LLC (Applicant)to reimburse, pursuant to the previously entered Agreement to prepare
14 to pay the County for consultant services.
15 C. Consultant and County desire to amend text in the Agreement as a result of the change
16 in the scope of services and budget.
17 D. Consultant understands that this First Amendment will address or augment the basic
18 fee, pursuant to the Agreement, that the County shall pay the Consultant for all services
19 performed by Consultant.
20 E. Consultant understands that this First Amendment is sufficient to amend the Agreement
21 and that, when both parties have signed this First Amendment, the Agreement and this First
22 Amendment shall be considered and shall constitute the Agreement.
23 F. Consultant understands that except as set forth in this Amendment, the Agreement is
24 unaffected and shall continue in full force and effect in accordance with its terms. If there is
25 conflict between this First Amendment and the Agreement, the terms of this First Amendment
26 will prevail.
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First Amendment to the Consultant Agreement—Helix Environmental Planning, Inc.
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1 G. Consultant understands that Applicant and County will adopt a first amendment to the
2 Applicant Agreement on the same date as this First Amendment to reflect the change in the
3 scope of services and budget allocations for Contract Deliverables.
4 AMENDMENTS TO THE AGREEMENT
5 Consultant and County agree to amend the Agreement as follows:
6 1. CHANGES TO SCOPE OF WORK AS IDENTIFIED EXHIBIT 2
7 A. Exhibit 2 is replaced with the amended Exhibit dated October 10, 2023 as
8 attached.
9 2. Section 3 subsection B of the Agreement located at page 2 line 19 through line
10 page 3 line 1 is deleted in its entirety and replaced with the following:
11 Compensation to Consultant: In full compensation for services performed under this
12 Agreement, County agrees to pay Consultant, and Consultant agrees to accept,
13 compensation according to the hourly rates specified in the original Exhibit 2. Within
14 45 days of receipt of a proper invoice, County shall determine whether Consultant has
15 adequately performed to the satisfaction of County the item(s)for which Consultant
16 seeks payment and shall remit payment thereof to Consultant. If County determines
17 that Consultant has not adequately performed any such task or services, County shall
18 inform Consultant of those acts in writing which are necessary for satisfactory
19 completion of the item(s). Consultant shall undertake all work to satisfactorily complete
20 the item(s) at no additional charge to County. Notwithstanding any other provision in
21 this Agreement, compensation paid to Consultant shall not exceed one hundred thirty-
22 four thousand seven hundred and seventy-five dollars ($134,775)for the entire term of
23 this Agreement unless mutually agreed to by the Developer and the Planning Director.
24 3. Section 4 of the Agreement located at page 3 line 5 through line 6 is deleted in
25 its entirety and replaced with the following:
26 This Agreement shall become effective upon the Effective Date and shall continue in
27 effect until the obligations of the Parties under this Agreement are complete or until
28 this Agreement is earlier terminated as provided in Section 5 "Termination."
First Amendment to the Consultant Agreement— Helix Environmental Planning, Inc.
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1 4. Duly Authorized. The Consultant represents and warrants to County that:
2 (1) Consultant is duly authorized and empowered to sign and perform its
3 obligations under this First Amendment.
4 (2) The individual signing this First Amendment on behalf of Consultant is
5 duly authorized to do so and his or her signature on this First Amendment
6 legally binds Consultant to the terms of this First Amendment.
7 5. Electronic Signatures. The Parties agree that this First Amendment may be executed
8 by electronic signature as provided in this section.
9 (1) An "electronic signature" means any symbol or process intended by an
10 individual signing this First Amendment to represent their signature,
11 including but not limited to (a) a digital signature; (b) a faxed version of
12 an original handwritten signature; or (c) an electronically scanned and
13 transmitted (for example by PDF document) version of an original
14 handwritten signature.
15 (2) Each electronic signature affixed or attached to this First Amendment(a)
16 is deemed equivalent to a valid original handwritten signature of the
17 person signing this First Amendment for all purposes, including but not
18 limited to evidentiary proof in any administrative or judicial proceeding,
19 and (b) has the same force and effect as the valid original handwritten
20 signature of that person.
21 (3) The provisions of this section satisfy the requirements of Civil Code
22 section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act
23 (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
24 (4) Each Party using a digital signature represents that it has undertaken and
25 satisfied the requirements of Government Code section 16.5, subdivision
26 (a), paragraphs (1) through (5), and agrees that each other Party may
27 rely upon that representation.
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First Amendment to the Consultant Agreement—Helix Environmental Planning, Inc.
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1 (5) This First Amendment is not conditioned upon the Parties conducting the
2 transactions under it by electronic means and either Party may sign this
3 First Amendment with an original handwritten signature.
4 6. Counterparts. This First Amendment may be signed in counterparts, each of which is
5 an original, and all of which together constitute this First Amendment.
6 7. Provisions in Full Force. The Agreement as amended by this First Amendment is
7 ratified and continued. All provisions of the Agreement and not amended by this First
8 Amendment remain in full force and effect.
9 [Signature page follows.]
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First Amendment to the Consultant Agreement— Helix Environmental Planning, Inc.
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1 In witness whereof, the Parties are signing this Agreement as of the Effective Date.
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3 CONSULTANT: COUNTY OF FRESNO:
Helix Environmental Planning, Inc
4 11 Natoma Street, Suite 155
Folsom, CA 95630
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8 BY:
PATRICK BRITTON STEVEN_E. IT PE, PL
9 REGIONAL MANAGER DIRECTOR
DEPARTMENT`OF PUBLIC WORKS
10 AND PLANNING
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First Amendment to the Consultant Agreement— Helix Environmental Planning, Inc.
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Exhibit 2
HELIX Environmental Planning,Inc.
1180 Iron Point Road,Suite 130
Folsom,CA 95630
916.435.1205 tel HELIX
619.462.0552 fax
www.helixepi.com Environmental Planning
October 10,2023 Project 03317.00005.001
Mr. David Randall,Senior Planner
County of Fresno Department of Public Works and Planning
Development Services and Capital Projects Division
2220 Tulare Street,61h Floor
Fresno, CA 93721
Subject: Contract Augment to Provide Additional Services for the Scarlet Solar Project
Dear Mr. Randall:
The original written contract dated November 8,2021, between HELIX Environmental Planning, Inc.
(HELIX) and the County of Fresno Department of Public Works and Planning(Client) is hereby
augmented as follows to provide an additional budget to Tasks 1 and 3.
SCOPE OF WORK(See attached)
CURRENT CONTRACT TOTAL $92,275
Additional Total
Task Current Budget Revised
Number Task Name Budget Requested Budget
1 Project Management $10,000 $4,320 $14,320
2 Third-Party Review—Biological Services $5 275 $0 $5,275
3 Third-Party Environmental Compliance Monitoring $77,000 $38,180 $115,180
TOTAL REVISED CONTRACT $134,775
Sincerely,
Patrick Britton
Regional Manager
Contract Augment to David Randall
October 10, 2023
SCOPE OF WORK
Task 1. Protect Management
HELIX will continue to provide general project management services through Phase 2 of project
construction, including participating in meetings with the County and project applicant, internal
coordination and scheduling, reporting,and invoicing.This task assumes approximately one call per
month with the County and/or project applicant for the duration of construction.This task also includes
a quality assurance/quality control (QA/QC) review of deliverables.
Task 3. Third-Party Environmental Compliance Monitoring
During Phase 2 project construction, HELIX will continue providing third-party compliance monitoring
services to review and document compliance with project mitigation measures (MM)and Conditions of
Approval (COA) as outlined in the Mitigation, Monitoring and Reporting Plan (MMRP). HELIX will prepare
an environmental compliance spreadsheet to track individual tasks required for compliance with the
Mitigation Monitoring and Reporting Program and Conditions of Approval during the construction of the
project, and who is responsible.The Contractor and Developer will be responsible for implementing all
mitigation measures and conditions of approval,and any associated documentation and reporting.The
compliance monitor will be responsible for conducting inspections to determine whether the Contractor
and Developer are implementing the mitigation measures and conditions of approval,and the
appropriate documentation and reporting in accordance with the MMRP and project conditions.The
environmental compliance monitor is not responsible for conducting the monitoring,documentation,
and reporting in compliance with the individual measures and conditions, and the monitor is not
responsible for reviewing compliance with permits issued by other agencies.
This task assumes the HELIX environmental compliance monitor will continue to conduct bi-weekly
monitoring visits(approximately two per month)for the duration of construction, including Phase 2 of
construction,with two additional site visits assumed as noted below to confirm corrective actions for a
total of up to 14 monitoring visits.The original scope for this task assumed a total of up to 34 monitoring
visits would be necessary.This augment assumes that the inclusion of monitoring for Phase 2
construction would require up to an additional 14 monitoring visits, bringing the total number of
monitoring visits anticipated through project completion to 48.
HELIX will provide the Client with an email within 72 hours of each visit to report conditions and
compliance with project MM and COA requirements. If issues with compliance are noted,the email will
indicate the issue,the person notified, and corrective actions implemented. Depending on the severity
of the issue,the Client may also be notified while the HELIX monitor is on the site.A noted corrective
action may require a follow-up visit by the HELIX monitor to document compliance (up to two follow-up
visits are assumed). If additional monitoring visits are needed, authorization of additional scope and
budget may be required.
kEL 1X!tat Planning
Contract Augment to David Randall
October 10, 2023
At the conclusion of construction, a monitoring report documenting all environmental compliance
monitoring services will be provided to the County.
Deliverables
• Email reports for each monitoring site visit,to be sent within 72 hours of the site visit
• Environmental Compliance Construction Monitoring Report(.pdf format),to be completed at
the conclusion of construction
HELIXanniny
SCHEDULE OF FEES HELIX
Environmental Planning
CONSULTING SERVICES
Consulting services performed by HELIX typically include,but are not necessarily limited to,office,field,meetings,hearings,and travel time.
Consulting services for expert witness review,deposition,and/or testimony will be provided at one and one-half times our standard rates.
Overtime also may be charged at one and one-half times our standard rates.
DIRECT COSTS
Certain identifiable direct costs will be charged to the project at cost plus ten percent.Examples of direct costs include subconsultants,
vehicle or equipment rentals,airplane and train fares,parking,per diem and lodging,mileage(at IRS rates),communications,reproduction,
and supplies.A 4-wheel drive premium will be charged at$25 per project day.There will be additional charges for use of noise monitors,
GPS,and other field equipment,as well as for plotting,color printing,and aerial photographs.
Payment
Invoices will be submitted monthly.Payment on invoices is due within thirty days of receipt.
PROFESSIONAL RATES
Current hourly rates for consulting services:
Principal $230-300
Principal Acoustician $215-225
Principal Biologist $225-290
Principal Landscape Architect $190-210
Principal Planner $220-290
Principal Regulatory Specialist $225-290
Principal Cultural Resources Specialist $190-210
Safety Manager $210-220
Senior Fisheries Scientist $250-255
Senior Noise/Air Quality Specialist $200-220
Senior Project Manager 1-III $165-230
Senior Scientist $155-195
Senior Regulatory Specialist $160-$170
Project Manager 1-III $135-175
Assistant Project Manager $120-145
Regulatory Specialist $105-150
Environmental Planner 1-111 $105-135
Biologist I-V $100-155
Noise/Air Quality Specialist $130-145
Environmental Compliance Specialist $85-125
Senior Archaeologist $125-170
Senior Architectural Historian $165-175
Archaeology Field Director $125-$135
Architectural Historian $120-155
Staff Archaeologist $80-125
Senior Landscape Architect $145-160
Landscape Architect $120-140
Landscape Planner 1-III $110-120
Senior GIS Specialist $150-185
GIS Specialist 1-III $110-140
Graphics $115-$125
Technical Editor $110-125
Operations Manager $100-140
Word Processor 1-III $90-100
Clerical $65-75
Rates are subject to change on a yearly basis