HomeMy WebLinkAboutFirst Amendment EIR 7230 Scarlet Aplicant Signed.pdf u
DocuSign Envelope ID: FE789AC1-586D-407D-809D-A7ABC0072164
1 FIRST AMENDMENT TO THE MITIGATION MONITORING REIMBURSMENT
2 AGREEMENT
3 RE Scarlet, LLC
4 This first amendment to the Mitigation Monitoring Reimbursement Agreement (First
5 Amendment) is dated 10/f�/7.0Z-3 (Effective Date) and is between RE Scarlet,
6 LLC (Applicant) and the County of Fresno, a political subdivision of the State of California
7 (County). County and Applicant may be referred to individually as a "Party," or collectively as
8 "Parties," in this First Amendment. Consultant is not a party to the Agreement or First
9 Amendment.
10 RECITALS
11 A. County and Applicant previously entered into the Mitigation Monitoring
12 Reimbursement Agreement (Agreement) dated February 1, 2022, under which the Applicant
13 was to pay the County for the consultant services of Helix Environmental Planning, Inc.
14 (Consultant) in the implementing of a Mitigation Monitoring and/or Reporting Plan and
15 Condition Compliance Matrix (Monitoring Plan).
16 B. Applicant and County desire to the change in the scope of services and budget
17 pursuant to the previously entered Agreement to pay the County for consultant services.
18 C. Applicant and County desire to amend text in the Agreement as a result of the change
19 in the scope of services and budget.
20 D. Applicant understands that this First Amendment will address and/or augment the
21 basic feein subsection 2 (Reimbursement Obligation) and, pursuant to the Agreement, the
22 Applicant is still under contractual obligation to pay to the County for all services performed
23 by Consultant as compensation for services.
24 E. Applicant understands that this First Amendment is sufficient to amend the Agreement
25 and that, when both parties have signed this First Amendment, the Agreement and this First
26 Amendment shall be considered and shall constitute the Agreement.
27 F. Applicant understands that except as set forth in this Amendment, the Agreement is
28 unaffected and shall continue in full force and effect in accordance with its terms. If there is
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1 conflict between this First Amendment and the Agreement, the terms of this First Amendment
2 will prevail.
3 G. Applicant understands that Consultant and County will adopt a first amendment to the
4 Consultant Agreement on the same date as this First Amendment to reflect the change in the
5 scope of services and budget allocations for Contract Deliverables.
6 AMENDMENTS TO THE AGREEMENT
7 Applicant and County agree to amend the Agreement as follows:
8 1. CHANGES TO SCOPE OF WORK AS IDENTIFIED EXHIBIT 2
9 A. Exhibit 2, is replaced with the amended Exhibit dated October 10, 2023 as
10 attached.
11 2. Section 2 of the Agreement located at page 2 line 17 through line 27 is deleted
12 in its entirety and replaced with the following:
13 REIMBURSEMENT OBLIGATION. Applicant shall reimburse the County for all
14 reasonable costs incurred by the County in connection with staff time spent reviewing
15 and administering any materials related to the elements of the Monitoring Plan that
16 are applicable to the portion of the Project described under CUP No. 3555, including
17 those costs incurred to compensate the Third-Party Administrator ("Eligible Costs").
18 As used herein, "Third Party Administrator" means any consultant, contractor, or
19 other third party whose work-product gives rise to a cost for the County, or who is
20 hired by the Third-Party Administrator, in connection with implementation of the
21 Monitoring Plan. Third Party Administrator costs will be billed in accordance with
22 Amended Exhibit 2 of the consultant agreement and subject to a not-to-exceed
23 maximum of one hundred thirty-four thousand seven hundred and seventy-five dollars
24 ($134,775). The Applicant shall also advance the amount of Eighty-Five Thousand
25 Dollars ($85,000.00) as payment to reimburse County for all reasonable costs
26 incurred by County for staff time including, if any, outside legal counsel to assist
27 County Counsel in review and advise on the Project or Approvals as determined to
28 be appropriate by County Counsel. The County may request for further funds,
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1 pursuant to reimbursing for reasonable costs incurred by the County in connection
2 with staff time, without requesting an amendment to this Agreement. Applicant shall,
3 after receipt of a County invoice, to be delivered by email to Applicant at
4 madison.novak@edp.com madison.novak@edp.com remit to County such additional
5 amounts as specified in the invoice for further funds. There shall be no limit on the
6 number of requests Director may make to the Applicant to recover such amounts. If
7 upon termination of this Agreement the actual cost incurred by County under this
8 Agreement is less than the total amount of the payment by Applicant to County,
9 County will promptly refund such surplus funds to Applicant.
10 3. Duly Authorized. The Applicant represents and warrants to County that:
11 (1) Applicant is duly authorized and empowered to sign and perform its
12 obligations under this First Amendment.
13 (2) The individual signing this First Amendment on behalf of Applicant is
14 duly authorized to do so and his or her signature on this First
15 Amendment legally binds Applicant to the terms of this First
16 Amendment.
17 4. Electronic Signatures. The Parties agree that this First Amendment may be
18 executed by electronic signature as provided in this section.
19 (1) An "electronic signature" means any symbol or process intended by
20 an individual signing this First Amendment to represent their
21 signature, including but not limited to (a) a digital signature; (b) a
22 faxed version of an original handwritten signature; or (c) an
23 electronically scanned and transmitted (for example by PDF
24 document) version of an original handwritten signature.
25 (2) Each electronic signature affixed or attached to this First Amendment
26 (a) is deemed equivalent to a valid original handwritten signature of
27 the person signing this First Amendment for all purposes, including
28 but not limited to evidentiary proof in any administrative or judicial
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1 proceeding, and (b) has the same force and effect as the valid original
2 handwritten signature of that person.
3 (3) The provisions of this section satisfy the requirements of Civil Code
4 section 1633.5, subdivision (b), in the Uniform Electronic Transaction
5 Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section
6 1633.1).
7 (4) Each Party using a digital signature represents that it has undertaken
8 and satisfied the requirements of Government Code section 16.5,
9 subdivision (a), paragraphs (1) through (5), and agrees that each
10 other Party may rely upon that representation.
11 (5) This First Amendment is not conditioned upon the Parties conducting
12 the transactions under it by electronic means and either Party may
13 sign this First Amendment with an original handwritten signature.
14 5. Counterparts. This First Amendment may be signed in counterparts, each of which
15 is an original, and all of which together constitute this First Amendment.
16 6. Provisions in Full Force. The Agreement as amended by this First Amendment is
17 ratified and continued. All provisions of the Agreement and not amended by this First
18 Amendment remain in full force and effect.
19 [Signature page follows.]
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27 In witness whereof, the Parties are signing this Amendment as of the Effective Date.
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First Amendment to the Mitigation Monitoring Reimbursement Agreement
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DocuSign Envelope ID: FE789AC1-586D-407D-809D-A7ABC0072164
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APPLICANT: COUNTY OF FRESNO:
2 RE SCARLET, LLC
1501 MCKINNEY STREET, SUITE 1300
3 HOUSTON, TX 77010
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Docu Signed by:
7��� DS
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�V,:4?,L, BY:
KRI CHENEY STEVEN E. WTITE PE, PL
8 EXECUTIVE VICE PRESIDENT DIRECTOR
DEPARTMENIkOF PUBLIC WORKS
9 AND PLANNIN
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DocuSign Envelope ID:FE789AC1-586D-407D-809D-A7ABC0072164
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, 6th 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, Ds
Patrick Britton
Regional Manager
DocuSign Envelope ID:FE789AC1-586D-407D-809D-A7ABC0072164
Contract Augment to David Randall
October 10,2023
SCOPE OF WORK
Task 1. Proiect 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.
os
HELIX
/ anning
DocuSign Envelope ID:FE789AC1-586D-407D-809D-A7ABC0072164
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
Ds
H LI
Environmental Planning
DocuSign Envelope ID:FE789AC1-586D-407D-809D-A7ABC0072164
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-III $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 1-111 $90-100
Clerical $65-75 Ds
wk,E3c,
Rates are subject to change on a yearly basis