HomeMy WebLinkAboutConsultant Second Amendment Scarlet Executed.pdf 1 SECOND AMENDMENT TO THE THIRD PARTY ADMINISTRATOR AGREEMENT
2 Helix Environmental Planning, Inc.
3 This Second Amendment to the Third Party Administrator Agreement (Second
4 Amendment) is dated �ovi 7{ 10 M (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, and was Amended on October 18, 2023, under which the
11 Consultant was to implement a Mitigation Monitoring and/or Reporting Plan and Condition
12 Compliance Matrix (Monitoring Plan).
13 B. Consultant and County desire to the change in the scope of services and budget for RE
14 Scarlet, LLC (Applicant) to reimburse, pursuant to the previously entered Agreement and
15 Amendment to prepare to pay the County for consultant services.
16 C. Consultant and County desire to amend text in the Agreement as a result of the change
17 in the scope of services and budget.
18 D. Consultant understands that this Second Amendment will address or augment the basic
19 fee, pursuant to the Agreement, that the County shall pay the Consultant for all services
20 performed by Consultant.
21 E. Consultant understands that this Second Amendment is sufficient to amend the
22 Agreement and that, when both parties have signed this Second Amendment, the Agreement,
23 the First Amendment, and this Second Amendment shall be considered and shall constitute the
24 Agreement.
25 F. Consultant understands that except as set forth in this Amendment, the Agreement is
26 unaffected and shall continue in full force and effect in accordance with its terms. If there is
27 conflict between this Second Amendment and the Agreement, the terms of this Second
28 Amendment will prevail.
Second Amendment to the Consultant Agreement— Helix Environmental Planning, Inc.
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1 G. Consultant understands that Applicant and County will adopt a second amendment to
2 the Applicant Agreement on the same date as this Second Amendment to reflect the change in
3 the 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 deleted in it entirety and replaced with the amended Exhibit dated
8 October 2, 2025, which is attached and incorporated by reference.
9 2. Section 3 subsection B of the agreement, as amended and located at page 2 line
10 9 through line 23 of the First Amendment is deleted in its entirety and replaced
11 with the following:
12 Compensation to Consultant: In full compensation for services performed under this
13 Agreement, County agrees to pay Consultant, and Consultant agrees to accept,
14 compensation according to the hourly rates specified in the original Exhibit 2. Within
15 45 days of receipt of a proper invoice, County shall determine whether Consultant has
16 adequately performed to the satisfaction of County the item(s) for which Consultant
17 seeks payment and shall remit payment thereof to Consultant. If County determines
18 that Consultant has not adequately performed any such task or services, County shall
19 inform Consultant of those acts in writing which are necessary for satisfactory
20 completion of the item(s). Consultant shall undertake all work to satisfactorily complete
21 the item(s) at no additional charge to County. Notwithstanding any other provision in
22 this Agreement, compensation paid to Consultant shall not exceed One Hundred
23 Seventy Three Thousand Seven Hundred Forty Five Dollars and No Cents ($173,745)
24 for the entire term of this Agreement unless mutually agreed to by the Developer and
25 the Planning Director.
26 3. Duly Authorized. The Consultant represents and warrants to County that:
27 (1) Consultant is duly authorized and empowered to sign and perform its
28 obligations under this Second Amendment.
Second Amendment to the Consultant Agreement— Helix Environmental Planning, Inc.
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1 (2) The individual signing this Second Amendment on behalf of Consultant
2 is duly authorized to do so and his or her signature on this Second
3 Amendment legally binds Consultant to the terms of this Second
4 Amendment.
5 4. Electronic Signatures. The Parties agree that this Second Amendment may be
6 executed by electronic signature as provided in this section.
7 (1) An "electronic signature" means any symbol or process intended by an
8 individual signing this Second Amendment to represent their signature,
9 including but not limited to (a) a digital signature; (b) a faxed version of
10 an original handwritten signature; or (c) an electronically scanned and
11 transmitted (for example by PDF document) version of an original
12 handwritten signature.
13 (2) Each electronic signature affixed or attached to this Second Amendment
14 (a) is deemed equivalent to a valid original handwritten signature of the
15 person signing this Second Amendment for all purposes, including but
16 not limited to evidentiary proof in any administrative or judicial
17 proceeding, and (b) has the same force and effect as the valid original
18 handwritten signature of that person.
19 (3) The provisions of this section satisfy the requirements of Civil Code
20 section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act
21 (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
22 (4) Each Party using a digital signature represents that it has undertaken and
23 satisfied the requirements of Government Code section 16.5, subdivision
24 (a), paragraphs (1) through (5), and agrees that each other Party may
25 rely upon that representation.
26 (5) This Second Amendment is not conditioned upon the Parties conducting
27 the transactions under it by electronic means and either Party may sign
28 this Second Amendment with an original handwritten signature.
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1 5. Counterparts. This Second Amendment may be signed in counterparts, each of which
2 is an original, and all of which together constitute this Second Amendment.
3 6. Provisions in Full Force. The Agreement as amended by this Second Amendment is
4 ratified and continued. All provisions of the Agreement and First Amendment and not
5 amended by this Second Amendment remain in full force and effect.
6 [Signature page follows.]
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Second 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:
4 HELIX Environmental Planning, Inc
5 1180 Iron Point Road, Suite 130
6 Folsom, CA 95630
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9 BY: BY: /
10 LESLEY 9WNING STEVEN E. WHITE PE, PLS
11 ENVIRONMENTAL PLANNING DIRECTOR
GROUP MANAGER
12 DEPARTMENT OF PUBLIC WORKS
13 AND PLANNING
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Second Amendment to the Consultant Agreement— Helix Environmental Planning, Inc.
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EXHIBIT 2A
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 2, 2025
Tawanda Mtunga, Principal Planner
County of Fresno Department of Public Works and Planning
Development Services and Capital Projects Division
2220 Tulare Street, 61h Floor
Fresno,CA 93721
tmtunga@fresnocountyca.gov 1559.600.4256
Subject: Letter Proposal to Provide Environmental Compliance Monitoring Services for the Scarlet
Solar Phase III Environmental Compliance Project
Dear Mr. Mtunga:
HELIX Environmental Planning, Inc. (HELIX) is submitting this letter proposal to the County of Fresno
(County)to provide environmental compliance monitoring services for the Scarlet Solar Phase III Project
(Project) located approximately five miles west of the unincorporated community of Tranquility in
Fresno County(County),California. Phase III of construction is anticipated to commence in January 2026
and last approximately 12 months with construction estimated to be completed by January 2027. HELIX
proposes to provide third-party environmental compliance monitoring services as outlined in the
following scope of services.
SCOPE OF SERVICES
Task 1. Project Management
HELIX will continue to provide general project management services through Phase III 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 2. Third-Party Environmental Compliance Monitoring
During Phase III of project construction, HELIX will provide 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 MMRP
and COAs during construction of the project and identify who is responsible for implementation.The
construction contractor and project proponent will be responsible for implementing all MMs and COAs
Letter to Mr. Mtunga Page 2 of 3
October 2, 2025
as well as any associated documentation and reporting.The compliance monitor will be responsible for
conducting inspections to determine whether the construction contractor and project proponent are
implementing the MMs and COAs,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 attend one pre-construction
meeting with the construction contractor at the project site,followed by monthly monitoring visits.The
environmental compliance monitor will conduct one monitoring visit per month for the duration of
construction,with up to four additional site visits assumed as described below to confirm corrective
actions for a total of up to 17 monitoring visits.
HELIX will provide County 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,County 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 four follow-up
visits are assumed).These additional follow-up visits may also be implemented during periods of heavy
rain or if concerns about nesting birds are identified. If additional monitoring visits are needed beyond
the monthly visits and four follow-up visits discussed above,authorization of additional scope and
budget may be required.
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 to be completed at the conclusion
of construction (electronic format)
COST ESTIMATE
HELIX submits this cost estimate not to exceed$38,970 which is provided below in a breakdown by task.
Task
Number Task Name Cost
1 Project Management $6,600
2 Third-Party Environmental Compliance Monitoring $32,370
TOTAL $38,970
EXHIBIT A PAGE 2 HELIX
2 Environmental Planning
Letter to Mr. Mtunga Page 3 of 3
October 2, 2025
ASSUMPTIONS AND LIMITATIONS
The following assumptions and limitations are a material component of this Proposal.
• Project applicant will provide HELIX with current available digital baseline data and project plans
for producing all maps and graphics,which should be submitted in one of the following
formats: .dxf, .dwg(AutoCAD), Agn (Microstation), .shp (ArcView shapefiles), .gdb(ArcGIS
geodatabase) or.kmz(Google Earth). In some cases, .pdf files will be acceptable.
• Costs associated with public meetings,worker trainings, biological surveys not specifically
described above,and/or permit preparation and processing("additional work")are not included
within the scope of services required of HELIX under this Proposal.
• The included scope and costs do not include any"contingency"funds to address unforeseen
circumstances where additional services may be required.
CONCLUSION
We look forward to working with you on this project. If you have any questions concerning this Proposal,
please contact me at LeslevO@helixepi.com.
Sincerely,
Lesle Owning
Environmental Planning Group Manager
HELIX
EXHIB�A PAGE 3 Environmental Planning