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APPLICANT AGREEMENT r 6' r 'll
THIS AGREEMENT is made and entered into this !l day of~
2020, (hereafter referred to as the "Effective Date"), by and between the COUNTY
OF FRESNO, a political subdivision of the State of California, hereinafter referred to
as the "COUNTY" and Friant Ranch, L.P., a California Limited Partnership,
hereinafter referred to as the "APPLICANT". COUNTY and APPLICANT may be
referred to individually as a "Party", or collectively as "Parties", to this AGREEMENT.
WITNESSETH
WHEREAS, APPLICANT has filed with COUNTY Environmental Impact Report
("EIR") Application No. 5481 for General Plan Amendment Application No. 511,
Amendment to Text No. 363, Amendment Application No. 3751, and amendment to
EIR No. 5481 proposing to construct approximately 2,500 age-restricted residential
units and a commercial center on 942 acres to meet the requirements of the California
Environmental Quality Act ("CEQA") for the Friant Ranch Project; hereinafter referred
to as "PROJECT"; and
WHEREAS the PROJECT site is located directly adjacent to the eastern edge
of the unincorporated community of Friant, northeast of Lost Lake Park, south of
Millerton Lake and east of Friant Road, in the north-central portion of Fresno County.
A copy of the Project Description is attached hereto as EXHIBIT A; and
WHEREAS, the California Supreme Court, hereinafter referred to as the
"COURT" reviewed the adequacy of the air quality analysis presented in the EIR
prepared for the project; and
WHEREAS, COURT determined that the air quality analysis did not adequately
explain the nature and magnitude of long-term air quality impacts from emissions of
criteria pollutants and ozone precursors; and
WHEREAS, COURT invalidated the air quality analysis contained in the EIR and
directed that COUNTY set aside its approval of the PROJECT; and
1 WHEREAS, APPLICANT understands that CEQA requires that the Revised
2 EIR prepared for the PROJECT reflect the independent judgment of the lead agency;
3 and
4 WHEREAS, COUNTY has determined that it must engage the services of a
5 qualified consultant to perform the necessary work in the preparation of a Revised
6 EIR for the proposed PROJECT; and
7 WHEREAS, it is understood by APPLICANT that the PROJECT herein above-
8 identified is subject to review and decision after completion of the Revised EIR, as
9 prescribed by existing ordinance and laws; that staffs recommendations must
10 consider the conclusions reached in the Revised EIR; that the nature of the factors to
11 be considered by County staff in the review mentioned above is such that
12 recommendations to the decision-makers cannot be formalized until just prior to the
13 · point of decision-making and may in fact be different from the conclusions reached in
14 the EIR; and that the final decision on the Project will be made by the entity charged
15 with such decision-making authority; and
16 WHEREAS, the Parties agree that APPLICANT shall bear all costs and
17 expenses required to complete the EIR; and
18 WHEREAS, the purpose of this AGREEMENT is to create a contractual
19 obligation for APPLICANT to pay the costs and expenses necessary to complete the
20 EIR.
21 NOW, THEREFORE, in consideration of the covenants and conditions
22 hereinafter contained, it is agreed as follows:
23 1. COUNTY'S OBLIGATIONS
24 COUNTY shall engage the firm Ascent Environmental, Inc., hereinafter
25 referred to as "CONSUL TANT" pursuant to a written agreement (hereafter referred
26 to as the "COUNTY/CONSUL TANT AGREEMENT"), entered into on the same date
27 as this AGREEMENT, to perform the services necessary to complete the Revised
28 EIR for the PROJECT (hereafter referred to as the "WORK PROGRAM"). The
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1 WORK PROGRAM is described in EXHIBIT B, which is attached hereto and
2 incorporated herein by reference.
3 The Work Program is divided into five (5) "Contract Deliverables." Each
4 Contract Deliverable includes one or more "TASKS", which are services
5 CONSULTANT must perform to complete the Contract Deliverable.
6 Under the COUNTY/CONSUL TANT AGREEMENT, COUNTY has the
7 authority to direct CONSUL TANT to initiate work on one or more Contract
8 Deliverables, and COUNTY has the obligation to compensate CONSULTANT for
9 services performed pursuant to COUNTY's direction. The APPLICANT
10 understands and acknowledges that COUNTY will not direct CONSULTANT to
11 initiate work on a Contract Deliverable unless and until APPLICANT has remitted
12 payment to COUNTY for the amount budgeted under this AGREEMENT for that
13 Contract Deliverable, as described in Section 4 hereof.
14 Amounts received by COUNTY from APPLICANT for services to be
15 performed by CONSULTANT will be used by COUNTY to compensate
16 CONSUL TANT for such services upon a determination by COUNTY's Director of
17 Public Works and Planning (hereinafter "DIRECTOR") that the services have been
18 performed satisfactorily.
19 2. EFFECTIVE DATE AND TERM OF AGREEMENT
20 This AGREEMENT is effective on the Effective Date of this AGREEMENT
21 and shall terminate following final payment under Section 4 hereof.
22 3. INHIBITING FACTORS
23 A. APPLICANT understands and acknowledges that, pursuant to the
24 COUNTY/CONSUL TANT AGREEMENT, CONSUL TANT shall be required to
25 disclose, at the earliest feasible time, those factors which could severely inhibit or
26 prohibit the approval or development of the PROJECT. Based upon such advice
27 and information, COUNTY shall advise APPLICANT of the CONSUL TANT's
28 conclusions for the purpose of determining the feasibility of continuing with
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1 preparation of the Revised EIR according to the WORK PROGRAM under
2 COUNTY/CONSULTANT AGREEMENT. In the event the preparation of the
3 Revised EIR is terminated, APPLICANT shall pay for uncompensated expenses
4 incurred by CONSULTANT and approved by COUNTY based on the number of
5 hours expended for workers and equipment, together with direct expenses at the
6 rates set forth in EXHIBIT B-3.
7 B. It is understood that changes to the PROJECT proposal initiated by
8 APPLICANT after the execution date of this AGREEMENT may result in additional
9 costs, delays and the need for additional CONSULTANT services, which in turn may
10 require "Extra Services" as provided in EXHIBIT C of the COUNTY/CONSULTANT
11 AGREEMENT and/or amendments pursuant to Section 10 of this AGREEMENT.
12 4. PAYMENT TO COUNTY FOR CONSUL TANT SERVICES
13 A. The APPLICANT shall make five (5) payments, in the amounts and at
14 the times set forth below, to COUNTY, which together shall total Two Hundred
15 Thousand Forty Five Thousand Three Hundred Sixty dollars ($245,360.00). Said
16 amount represents the basic fee for CONSULTANT to prepare the Revised EIR
17 pursuant to COUNTY/CONSULTANT AGREEMENT. APPLICANT understands and
18 agrees that COUNTY will not authorize CONSUL TANT to perform any work under
19 the COUNTY/CONSUL TANT AGREEMENT until after COUNTY receives payment
20 for said work from APPLICANT. COUNTY shall make the payments to
21 CONSUL TANT as described in Subsections 3.A and 3.C of COUNTY/CONSUL TANT
22 AGREEMENT. The five payments shall be made by APPLICANT to COUNTY in the
23 following manner:
24 (1) Within five (5) business days after the Effective Date of this
25 AGREEMENT, APPLICANT shall remit the sum of Eighty-Eight Thousand, Five
26 Hundred Forty dollars ($88,540.00) to COUNTY, which COUNTY shall use to
27 compensate the CONSUL TANT for all work to be performed by the CONSUL TANT to
28 complete TASK 1 and TASK 2 as identified in the EXHIBIT B Work Program.
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1 (2) Within ten (10) business days of receipt of an invoice by
2 APPLICANT, to be delivered by email to APPLICANT at
3 atbryan@wagnerandwagner.com, APPLICANT shall remit the sum of Thirty-Eight
4 Thousand, Two Hundred Ten dollars ($38,210.00) to COUNTY, which COUNTY shall
5 use to compensate the CONSULTANT for all work to be performed by the
6 CONSULTANT to complete TASK 3 as identified in the EXHIBIT B Work Program.
7 (3) Within ten (10) business days of receipt of an invoice by
8 APPLICANT, to be delivered by email to APPLICANT at
9 bryan@wagnerandwagner.com, from COUNTY, APPLICANT shall remit the sum of
10 Forty-Three Thousand, Four Hundred dollars ($43,400.00) to County, which COUNTY
11 shall use to compensate the CONSUL TANT for all work to be performed by the
12 CONSUL TANT to complete TASK 4 as identified in the EXHIBIT B Work Program.
13 (4) Within ten (10) business days of receipt of an invoice by
14 APPLICANT, to be delivered by email to APPLICANT at
15 bryan@wagnerandwagner.com, from COUNTY, APPLICANT shall remit the sum of
16 Thirty-Four Thousand One Hundred Ninety dollars ($34,190.00) to County, which
17 COUNTY shall use to compensate the CONSULTANT for all work to be performed by
18 the CONSULTANT to complete TASK 5 as identified in the EXHIBIT B Work Program.
19 (5) Within ten (10) business days of receipt of an invoice by
20 APPLICANT, to be delivered by email to APPLICANT at
21 bryan@wagnerandwagner.com, from COUNTY, APPLICANT shall remit the sum of
22 Forty-One Thousand, Twenty dollars ($41,020.00) to COUNTY, which COUNTY shall
23 use to compensate CONSULTANT for all work to be performed by the CONSULTANT
24 to complete TASK 6 as identified in the EXHIBIT B Work Program.
25 B Two Hundred Forty-Five Thousand, Three Hundred Sixty Dollars
26 ($245,360.00) is the entire consideration to be paid by COUNTY to the
27 CONSULTANT for all of the basic services performed by the CONSULTANT
28 pursuant to Subsection 3.A of COUNTY/CONSULTANT AGREEMENT except as
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otherwise provided in EXHIBIT C of said AGREEMENT (Extra Services). If the
Director of the Fresno County Department of Public Works and Planning or the
Director's designee ("Director") determines that Extra Services will be authorized
pursuant to Subsection 3.D of the AGREEMENT, the Director shall first notify
APPLICANT of the determination, and those services shall only be authorized after
COUNTY's receipt from APPLICANT of the entire sum determined by the Director to
be the maximum that may be rendered for those Extra Services. APPLICANT shall
pay to COUNTY, within thirty (30) calendar days after APPLICANT's receipt of the
Director's determination. Such sum shall not exceed Forty-Nine Thousand dollars
($49,000).
C. The APPLICANT's obligation to COUNTY to pay any invoice received
by COUNTY from the CONSUL TANT, covered by the amount set forth in this
AGREEMENT shall be absolute notwithstanding any dispute between APPLICANT
and COUNTY pursuant to this AGREEMENT, including, but not limited to, the
sufficiency, quantity or quality of services performed by the CONSUL TANT and
identified in such invoice. The APPLICANT agrees that it shall not withhold any
such payments for any reason whatsoever and shall not be able to assert against
COUNTY any right of set-off, cross-complaint, or defense against its obligation to
make any such payments to COUNTY under this AGREEMENT. The APPLICANT's
obligation to make such payments shall not be abated through any unforeseen
circumstances.
5. PAYMENT TO COUNTY FOR COUNTY SERVICES
A. In addition to APPLICANT's reimbursement to COUNTY for
CONSUL TANT's basic fees and extra services, APPLICANT shall pay to COUNTY
the actual costs and expenses incurred by COUNTY in processing, reviewing, and
preparing comments for CONSULTANT's preparation of a Revised EIR, and
performing any other work in connection with the PROJECT ("hereinafter referred to
as "COUNTY WORK"), including without limitation outside legal counsel to assist
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1 County Counsel in review and advise on the PROJECT as determined to be
2 appropriate by County Counsel.
3 B. Within ten (10) calendar days after the date of execution of this
4 AGREEMENT by the Parties hereto, APPLICANT shall advance the amount of One
5 Hundred Thousand Dollars ($100,000.00) (hereinafter referred to as "ADVANCE")
6 as payment for the COUNTY WORK, with Fifty Thousand Dollars ($50,000.00)
7 allocated for direct use by County Staff and Fifty Thousand Dollars ($50,000.00)
8 allocated for outside legal counsel as determined to be appropriate by County
9 Counsel. The ADVANCE shall be used to pay for the actual fees, costs and
10 expenses incurred by COUNTY for performance of the COUNTY WORK. COUNTY
11 shall hold the ADVANCE in trust for the aforementioned purposes, provided
12 however, COUNTY shall not be obligated to invest such funds to obtain any interest
13 thereon. If the actual fees, costs and expenses incurred by COUNTY performance
14 of the COUNTY WORK are less than the amount of the ADVANCE, COUNTY will
15 promptly refund such surplus funds to the APPLICANT following the conclusion or
16 earlier termination of this AGREEMENT.
17 C. Any request for further advance funds shall require an amendment to
18 this AGREEMENT, mutually agreed upon by both Parties in writing. If an
19 amendment to this AGREEMENT is deemed appropriate and necessary by the
20 Parties, APPLICANT understands that all work on the Project will cease until an
21 amendment to the AGREEMENT is approved. The APPLICANT shall, after receipt
22 of a COUNTY invoice, to be delivered by email to APPLICANT at
23 bryan@wagnerandwagner.com, remit to COUNTY such additional amount or
24 amounts as specified in APPLICANT-approved amendment to the AGREEMENT.
25 There shall be no limit on the number of requests the Director may make to
26 APPLICANT in order to recover such amounts. If upon termination of this
27 AGREEMENT the actual cost incurred by COUNTY under this paragraph 5 of this
28 AGREEMENT is less than the total amount of the payment by APPLICANT to
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1 COUNTY pursuant to this paragraph 5, COUNTY will promptly refund such surplus
2 funds to APPLICANT.
3 6. INDEPENDENT CONTRACTOR
4 A. It is understood that the CONSUL TANT shall be an independent
5 contractor of COUNTY. The APPLICANT agrees to permit the CONSUL TANT to
6 enter upon its property in compliance with applicable safety regulations to perform all
7 work thereon, as the CONSULTANT deems necessary to complete the EIR. It is
8 agreed that APPLICANT at no time will interfere with the CONSULTANT in the
9 performance of such work or attempt to influence such CONSUL TANT during the
1 O course of this investigation and report. APPLICANT will participate in the EIR
11 process to assure the accuracy of the Project description and EIR. In addition,
12 APPLICANT will have an opportunity to review and comment on the preliminary
13 Administrative Draft Revised EIR, the Draft Revised EIR, the Administrative Final
14 Revised EIR, and the Final Revised EIR document, including proposed Mitigation
15 Monitoring and Reporting Program (MMRP), Project alternatives, and related
16 findings, based on its expertise in the residential development industry. The
17 APPLICANT shall include a County staff member in any meeting or other contact
18 between APPLICANT and the CONSUL TANT, unless otherwise authorized by
19 COUNTY in which case the CONSULTANT shall provide COUNTY with a written
20 summary of the meeting. COUNTY shall also be copied on all written
21 correspondence between APPLICANT and the CONSULTANT.
22 B. This AGREEMENT is not intended to and will not be construed to
23 create the relationship of principal-agent, master-servant, employer-employee,
24 partnership, joint venture or association between the COUNTY and the APPLICANT;
25 neither Party is an officer of the other. Each of the Parties to this AGREEMENT, their
26 respective officers, agents and employees, in the performance of this AGREEMENT
27 shall act in an independent capacity, as independent contractors, between each
28 other.
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7. TIME OF COMPLETION
The EIR will be prepared in accordance with the processing times, as may be
modified due to inhibiting factors, specified in in the CONSUL TANT/COUNTY
AGREEMENT and in EXHIBIT C, "WORK SCHEDULE," of CONSUL TANT/COUNTY
AGREEMENT.
8. HOLD HARMLESS
For purposes of this Section 8, "LOSSES" includes all claims, demands,
injuries, damages, costs, expenses (including attorney fees and courts costs), fines,
penalties, and liabilities of any kind.
APPLICANT agrees to indemnify, save, hold harmless, and at COUNTY's
request defend the COUNTY, its officers, agents, and employees from any and all
costs and expenses, damages, liabilities, claims, and losses occurring or resulting to
COUNTY in connection with the performance, or failure to perform, by APPLICANT,
its officers, agents, or employees under this AGREEMENT, and from any and all
costs and expenses damages, liabilities, claims, and losses occurring or resulting to
any person, firm, or corporation who may be injured or damaged by the performance,
or failure to perform, of APPLICANT, its officers, agents, or employees under this
AGREEMENT.
If requested by COUNTY, APPLICANT shall defend actions or proceedings
brought or threatened against COUNTY (including its officers, agents, or employees)
under this AGREEMENT. COUNTY may conduct or participate in its own defense
without affecting OWNERS' obligation to indemnify or defend COUNTY.
The terms of this SECTION 8 shall survive the termination of this
AGREEMENT.
9. GOVERNING LAW
Any controversy or claim arising out of or relating to this AGREEMENT which
cannot be amicably settled without court action shall be litigated either in the
Superior Court of Fresno County, California, or in the U.S. District Court for the
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1 Eastern District of California located in Fresno County, California. The rights and
2 obligations of the Parties and all interpretations and performance of this
3 AGREEMENT shall be governed in all respects by the laws of the State of
4 California.
5 10. NON-ASSIGNMENT
6 Neither Party shall assign, transfer, or sub-contract this AGREEMENT nor
7 their rights or duties under this AGREEMENT without the written consent of the
8 other Party.
9 11. AMENDMENTS
10 Any changes to this AGREEMENT requested either by COUNTY or
11 APPLICANT may only be effected if mutually agreed upon in writing, by duly
12 authorized representatives of the Parties hereto. This AGREEMENT shall not be
13 modified or amended or any rights of a Party to it waived except by such a writing.
14 12. BINDING UPON SUCCESSORS
15 This AGREEMENT shall be binding upon and inure to the benefit of the
16 Parties and their successors in interest, assigns, legal representatives, and heirs.
17 13. APPLICANT'S LEGAL AUTHORITY
18 Each individual executing or attesting this AGREEMENT on behalf of
19 APPLICANT hereby covenants, warrants, and represents: (i) that he or she is duly
20 authorized to execute or attest and deliver this AGREEMENT on behalf of
21 APPLICANT; and (ii) that this AGREEMENT is binding upon APPLICANT; and (iii)
22 that APPLICANT is a duly organized and legally existing Limited Partnership in good
23 standing in the State of California.
24 14. TERMINATION
25 A. This AGREEMENT may be immediately terminated by COUNTY upon
26 written notice to APPLICANT if APPLICANT fails to comply with any or all of the
27 terms of this AGREEMENT. This AGREEMENT may be immediately terminated by
28 APPLICANT upon written notice to COUNTY.
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1 B. If this AGREEMENT is terminated as provided in this section,
2 COUNTY will request the CONSUL TANT to stop work on the Project. Upon
3 termination, COUNTY will determine what amounts are due and owing to the
4 CONSUL TANT and COUNTY for work performed prior to termination, and return
5 any remaining funds received from APPLICANT to APPLICANT. If there are not
6 sufficient funds received from APPLICANT to pay the CONSUL TANT and COUNTY
7 for work performed prior to termination, APPLICANT shall immediately remit the
8 balance due to COUNTY.
9 15. HEADINGS; CONSTRUCTION; STATUTORY REFERENCES
10 The headings of the sections and paragraphs of this AGREEMENT are for
11 convenience only and shall not be used to interpret this AGREEMENT. This
12 AGREEMENT is the product of negotiation between the Parties. The language of
13 this AGREEMENT shall be construed as a whole according to its fair meaning and
14 not strictly for or against any Party. Any rule of construction to the effect that
15 ambiguities are to be resolved against the drafting Party shall not apply in
16 interpreting this AGREEMENT. All references in this AGREEMENT to particular
17 statutes, regulations, ordinances or resolutions of the United States, the State of
18 California, or County of Fresno shall be deemed to include the same statute,
19 regulation, ordinance or resolution as hereafter amended or renumbered, or if
20 repealed, to such other provisions as may thereafter govern the same subject.
21 16. COUNTERPARTS
22 This AGREEMENT may be executed in two or more counterparts, each of
23 which shall be deemed to be an original, and all of which taken together shall
24 constitute one and the same instrument.
25 17. ENTIRE AGREEMENT
26 This AGREEMENT constitutes the entire agreement between APPLICANT
27 and COUNTY with respect to the subject matter hereof and supersedes all previous
28 negotiations, proposals, commitments, writings, advertisements, publications, and
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1 understandings of any nature whatsoever unless expressly included in this
2 AGREEMENT.
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18. NOTICES
Except as otherwise provided herein, the persons and their addresses having
authority to give and receive notices under this AGREEMENT include the following:
COUNTY:
Director
Department of Public Works and Planning
2220 Tulare Street, Sixth Floor
Fresno, CA 93721
Attn: Division Manager/Development Services
APPLICANT:
Bryan Wagner
Wagner & Wagner, a Professional Corporation
7110 N. Fresno St, Suite 340
Fresno, CA 93720
Any and all notices between the COUNTY and APPLICANT provided for or
permitted under this AGREEMENT or by law shall be in writing and shall be deemed
duly served when personally delivered to one of the Parties, or in lieu of such
personal service, when deposited in the United States Mail, postage prepaid,
addressed to such Party.
For all claims arising out of or related to this AGREEMENT, nothing in this
Section 18 establishes, waives, or modifies any claims presentation requirements or
procedures provided by law, including but not limited to the Government Claims Act
(Division 3.6 of Title 1 of the Government Code, beginning with section 810).
19. PUBLIC RECORD
24 The Parties agree that this AGREEMENT, including its contents, is a publicly
25 disclosable public record under the California Public Records Act (Government Code
26 Section 6250, et seq.), the Ralph M. Brown Act (Government Code Section 54950, et
27 seq.), and all other applicable laws pertaining to disclosure by public entities. County
28 is not limited in any manner whatsoever with respect to public disclosure of this
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1 APPLICANT, in whole or in part.
2 20. NO THIRD-PARTY BENEFICIARIES
3 Notwithstanding anything else to the contrary herein, the Parties acknowledge
4 and agree that no other person, firm, corporation, or entity (including without limitation
5 the CONSUL TANT) shall be deemed an intended third-party beneficiary of this
6 AGREEMENT.
7 (Signature page follows.)
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IN WITNESS WHEREOF, the Parties hereto have caused is AGREEMENT
ORG. NO.: 43600200
SUBCLASS NO.: 33830
FUND NO.: 2350
ACCOUNT NO.: 1450
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EXHBITA
Friant Ranch Project Description
On February 1, 2011, the Fresno County Board of Supervisors approved the Friant Ranch
Specific Plan and certified the Environmental Impact Report for Friant Ranch. The Fresno
County Board of Supervisors approvals included the following:
• Certification of the Final EIR as complete and in compliance with CEQA;
• General Plan Amendment No 511;
• Friant Community Plan Update;
• Approval ofFriant Ranch Specific Plan;
• Amendment to Zoning Text Application No 363 and Amendment Application No
3751;
• Adoption of Mitigation Measures and the Mitigation Monitoring Plan; and
• Adoption of the Statement of Overriding Conditions.
Located adjacent to the community of Friant, Friant Ranch will be the Central Valley's first
master planned age restricted community for Adults (age 55 +). Friant Ranch will be a
pedestrian friendly, master planned community with densely clustered housing surrounded by
open space near world-class mountains, rivers, and lakes, an ideal place for the aging Fresno
and Clovis baby boomers to retire and live in a lifestyle community near their families and
friends. The Project will consist of the following:
• 2,270 units of age restricted residential housing;
• 180 units of non-age restricted multi-family residential housing;
• 250,000 square feet of commercial and retail space (the "Village Center");
• 50 units of live-work non-age restricted housing located in the Village Center;
• Six acre commercial/hotel site on Friant Road (the "Depot parcel");
• 16 acre recreation center site;
• 12 miles of walking or biking trails which will integrate Friant Ranch with the
community of Friant and Lost Lake Park and the San Joaquin River trail system;
• 460 acres of open space; and
• An 80 million gallon per day (GPD) wastewater treatment plant on the Beck
parcel.
The Project EIR was subsequently challenged and the California Supreme Court ruled
that the Friant Ranch EIR air quality analysis was defective for merely identifying the
types of health effects that result from pollutants and ruled that it should have either
translated pollutant emissions into specific health effects or explained why doing so was
not scientifically feasible.
Task 1:
EXHIBIT B
PROPOSED SCOPE OF WORK:
FRIANT RANCH RECIRCULATED EIR
FRESNO COUNTY
Project lnititation and Review of Project Materials
Page 1
Ascent Environmental will attend a kickoff meeting (in person if it is possible and safe given the current
situation or via teleconference if not) with Fresno County and identified project team members to review
the scope of work and project schedule and to receive applicable project information and materials.
Ascent will prepare and distribute a meeting summary following the meeting. Ascent will review all
information provided for the project and provide a memo to the County identifying any additional
information needed to prepare the partially recirculated environmental impact report (EIR).
Based on the discussion at the kickoff meeting, Ascent will provide a milestone schedule with specific
planned delivery dates of work products and expected dates to receive comments from the County on
administrative drafts.
A notice of preparation (NOP) was released in 2014 concerning the County's intent to prepare a partially
recirculated EIR, including an updated water supply analysis. The need for an updated water supply
analysis was based on the drought conditions at the time; however, current conditions do not warrant an
updated water supply analysis. To clear up any confusion, and at the applicant's request, Ascent will
prepare a brief, informal notice to be sent via U.S. mail or email (depending on the contact information
available) notifying the recipients of the 2014 NOP that the County no longer intends to recirculate the
water supply analysis. One draft version will be prepared for the County's review, followed by one final
version that will be sent to the County's 2014 NOP mailing list (assumes 300-400 recipients).
This task also includes standard project management tasks, including regular phone and email
coordination, budget and schedule tracking, and preparation of invoices.
DELIVERABLES:
• Meeting summary (electronic submittal)
• Brief memo documenting outstanding information needs (electronic submittal)
• Milestone schedule (electronic submittal)
• Draft informal notice to recipients of the 2014 NOP (electronic submittal)
• Final informal notice to recipients of the 2014 NOP mailed to the County's 2014 NOP mailing list
(assumes 300-400 notices)
MEETINGS:
• Attendance at one kickoff meeting
• Participation in one coordination call
Attachment A -19010047.00
Ascent Environmental, Inc. August 24, 2020
Page 2
Task 2: Administrative Revised Air Quality Analysis and Recirculated
Draft EIR
Ascent will prepare the administrative partially recirculated draft EIR to meet the requirements of the
California Environmental Quality Act (CEQA) and applicable case law. At this time, it is anticipated that the
administrative recirculated draft EIR will consist of the following primary sections:
• Introduction: Ascent will summarize the project and its history; explain the status of the legal
proceedings, including a summary of the Supreme Court decision; describe the CEQA process, the
type of CEQA document, and the scope of the new analysis (including an explanation regarding why
the EIR will not address water issues, despite suggestions in the NOP); and provide information on
public involvement and comment (emphasizing that public comments should focus on the recirculated
portion of the EIR only, in accordance with State CEQA Guidelines Section 15088.S[f][2] and [3]).
• Air Quality: The administrative partially recirculated draft EIR will include a revised air quality analysis
and discussion per the Friant Ranch Decision. Ascent understands that Bluescape Environmental is
preparing a Health Risk Assessment (HRA) and regional health analysis, that will include all the needed
technical modeling for criteria air pollutant and precursor emissions and for toxic air contaminant
exposure. Ascent will conduct a peer review of this work and prepare a memo to the County providing
feedback related to Bluescape Environmental's analysis, including methodology. Ascent will then
prepare a revised air quality section, incorporating the technical analysis from Bluescape
Environmental. As part of the revised air quality section, Ascent will:
• summarize the new health effects analyses prepared by Bluescape Environmental;
• summarize available models and other tools to address health effects;
• provide a summary of Ascent's peer review of the Bluescape Environmental analysis;
• identify new significance criteria for health effects (derived from CEQA's mandatory finding of
significance where environmental effects of a project cause "substantial adverse effects on human
beings");
• describe the project's potential air quality and health effects;
• identify impact conclusions, supported by substantial evidence, for project-specific and cumulative
impacts; and
• for significant or potentially significant impacts, identify new and/or revised mitigation measure(s)
that comply with the King and Gardiner Farms decision.
• Table of Contents, References, List of Preparers, and Appendices. These other minor sections will also
be included in the recirculated draft EIR. Other reports/materials can be included as needed as
appendices.
The administrative recirculated draft EIR will be submitted to the County for review.
This task also includes standard project management tasks, including regular phone and email
coordination, budget and schedule tracking, and preparation of invoices.
Attachment A -19010047.00
Ascent Environmental, Inc. August 24, 2020
DELIVERABLES:
• Memo documenting Ascent's peer review of Bluescape Environmental's HRA and regional health
analysis, which includes technical modeling (electronic submittal)
• Meeting summaries (electronic submittal)
• Administrative recirculated draft EIR (electronic submittal)
MEETINGS:
Page 3
• Attendance at up to five meetings with the County and/or San Joaquin Valley Air Pollution Control
District staff (two in person, if it is possible and safe to do so, and three via conference call)
Task 3: Screencheck and Public Recirculated Draft EIR
The County will review the administrative recirculated draft EIR and will provide Ascent with a single set of
comments from all County departments that have been reviewed and consolidated (conflicting comments
resolved) by staff. Ascent will also consider comments from the applicant, which the County may combine
with its own comments or choose to keep separate. The comments will be provided electronically using
MS Word's tracked changes. Ascent will address County and applicant comments and will submit a
screencheck partially recirculated draft EIR for review (both a tracked changes and print-ready version).
After completing review of the screencheck partially recirculated draft EIR, the County and applicant will
provide comments to Ascent (as described for the administrative recirculated draft EIR comments). Ascent
will address those comments and prepare the partially recirculated draft EIR for public release. Ascent will
submit the recirculated draft EIR to the State Clearinghouse (see "Deliverables," below) via their new e-
filing option. Ascent will assist the County with notification by mail and newspaper (including review of the
County's mailing list). Ascent assumes that the County will submit notice to the County Clerk's Office, as
required.
Ascent will attend (and can help lead, as requested) a draft EIR hearing during the public review period of
the recirculated draft EIR. Ascent will coordinate and reserve the meeting venue, in coordination with
County staff (i.e., to determine the best location). The County retains the ability to provide input and
stipulate an alternate location if necessary. Ascent can assist with setting up a virtual meeting (e.g., WebEx)
as needed during this situation. Ascent will prepare all the meeting materials for the hearing.
This task also includes standard project management tasks, including regular phone and email
coordination, budget and schedule tracking, and preparation of invoices.
DELIVERABLES:
• Screencheck recirculated draft EIR (electronic submittal: tracked changes and print-ready version)
• Public recirculated draft EIR (electronic copy and one notice of completion [NOC] submitted to the
State Clearinghouse; 25 printed copies mailed to the County for staff use or use at the public counter
and libraries [if they are open to the public], and 10 CD copies mailed to the County for their records)
• Newspaper publication in the Fresno Business Journal and one other newspaper in the project vicinity
(assumes 1 day)
Attachment A -19010047.00
Ascent Environmental, Inc. August 24, 2020
• Notice of availability (mailed to contacts on the County's mailing list) (assumes up to 450 notices)
MEETINGS:
• Participation in one coordination call
• Attendance at one public draft EIR hearing. Includes preparation of necessary materials and
coordination and reservation of the meeting venue; the venue is assumed to be a County-owned
facility and/or otherwise free of charge.
Task 4: Administrative Final EIR
Page 4
After the County submits all public comments on the recirculated draft EIR to Ascent, we will number and
bracket each comment letter and prepare responses to individual comments. Master responses may be
prepared to address common themes raised in multiple comment letters. The responses to comments will
be included as a section in the administrative final EIR, which will also include an "Introduction" section, as
well as a section that identifies any changes to the recirculated draft EIR (in errata format). The final EIR will
consist of the former final EIR as updated by the new recirculated draft EIR and responses to comments.
The specific number and complexity of public comments cannot be known at this time; however, based on
the number and type of public comments received on the draft EIR, Ascent assumes that the level of effort
will require approximately 120 hours of Ascent labor. If the number or complexity of comments is greater
than anticipated, Ascent will notify the County, and we will coordinate regarding additional budget
needed. Ascent anticipates having to consult with Bluescape Environmental for technical assistance in
preparing technical responses to technical comments.
As part of the response-to-comments process, Ascent will attend one half-day in-person (or
teleconference) meeting with County staff to review specific comments and discuss response strategies.
The County shall determine whether to invite the applicant to participate in this session. Ascent will
prepare and distribute a meeting summary following the meeting.
This task also includes standard project management tasks, including regular phone and email
coordination, budget and schedule tracking, and preparation of invoices.
DELIVERABLE:
• Meeting summary (electronic submittal)
• Administrative final EIR (electronic submittal)
MEETING:
• Attendance at one response strategy meeting
Task 5: Screencheck and Public Final EIR
The County will review the administrative final EIR and provide Ascent with a single set of comments from
all County Departments that have been reviewed and consolidated (conflicting comments resolved) by
staff. Ascent will also consider comments from the applicant, which the County may combine with its own
comments or choose to keep separate. Ascent will address County comments and will submit a
Attachment A -19010047.00
Ascent Environmental, Inc. August 24, 2020
Page 5
screencheck final EIR for County review. The final EIR shall take the form of documentation augmenting,
and to some extent superseding, the original Final EIR certified in 2011. After completing review of the
screencheck final EIR, the County and applicant will provide comments to Ascent (as described for the
administrative final EIR comments). Ascent will address those comments and prepare the final EIR for
public release. Ascent will submit the final EIR to the State Clearinghouse. Ascent will assist the County with
mailing copies of the final EIR to commenters.
This task also includes standard project management tasks, including regular phone and email
coordination, budget and schedule tracking, and preparation of invoices.
DELIVERABLES:
• Screencheck final EIR (electronic submittal)
• Public final EIR (electronic copy submitted to the State Clearinghouse, 20 printed copies mailed to
commenters, 25 printed copies mailed to the County for staff use or use at the public counter and
libraries, and 10 CD copies mailed to the County for their records)
MEETING:
• Participation in one coordination call
Task 6: Public Hearing Attendance and Materials Preparation
Ascent will attend two public hearings for the project. Ascent will prepare a mitigation monitoring and
reporting program (MMRP) that includes the new or revised mitigation measures, as well as findings of fact
and a statement of overriding considerations for the Planning Commission hearing. Before finalizing these
documents, Ascent will obtain input from the County and the applicant. Ascent will attend (and can
present upon request) at the hearings. Ascent will prepare a draft staff report, which the County will
finalize.
Following EIR certification, Ascent will prepare the notice of determination (NOD) for the EIR and submit it
electronically to the County for signature. Ascent will arrange for posting at the State Clearinghouse within
5 days of certification of the EIR. It is assumed that the County will arrange for posting at the County
Clerk's office. Ascent assumes that the applicant will provide the required California Department of Fish
and Wildlife fee (which is $3,343.25 as of January 2020).
Ascent will submit to the County all administrative record items that are listed in Public Resources Code
21167.6(e) that are in Ascent's possession and that were relied upon in preparation of the revised portion
of the EIR from the time the writ of mandate was issued to after the Board has taken final action on the
project and all associated CEQA paperwork has been finalized.
This task also includes standard project management tasks, including regular phone and email
coordination, budget and schedule tracking, and preparation of invoices.
Attachment A -19010047.00
Ascent Environmental, Inc. August 24, 2020
DELIVERABLES:
• MMRP (electronic submittal)
• Findings of fact and a statement of overriding consideration (electronic submittal)
• Draft staff report (electronic submittal)
• NOD (electronic submittal)
• Administrative record items listed in 21167.6(e) that are in Ascent's possession
MEETINGS:
• Attendance at two public hearings
Attachment A -19010047.00
Ascent Environmental, Inc.
Page 6
August 24, 2020
ATTACHMENT B COST ESTIMATE I Walters Parker Henningsen Boparai Lovett Wilson Burrowes Perry lone
Friant Ranch Recirculated Environmental Impact Report AirQualily Admin/
Principal Project Assistant Project Sr. Air Qualily Air Qualily and Analysl/ Environmental Graphics Word Manager Manager Specialist Toxics Specialist Planner Planner Processing
Dole hourly rate: I $320 $245 $175 $240
Poslage I $ 400
Mileage/Parking/Travel I $ l 00
Subtotal, Task 1 I S 15,220 I 73 I 8 14 20 6 4 10 4 0 7
_Qirect Costs: Printing 11 600
300
50
ravel 1i 100
5,000
38.210 I 168 20 I 22 I 34 I 18 I 10 I 40 I 10 I 2 I 12
Price Hours-, I i I Administrative Final EIR $ 43.300 I 224 32 32 26 24 I 10 I 62 I 18 I 2 I 18
Dired Cosls: Mileage/Parking/Travel $ 100
Subtotal, Task 4 s 43,400 224 7132 I 32 I 26 I 24 I 10 -T 62 I 18 I 2 I 18
Task 5: Screencheck and Public Final EIR Price Hours
Screencheck and Public Final EIR $ 33,440 174 22 18 22 24 24 32 18 2 12
Direct Costs: Printing $ 600
Postage $ 100
Re reduction 50
Subtotal, Task 5 s 34,190 174 22 18 22 24 24 32 18 2 12
245.360 I 1217 155 170 218 141 106 276 74 10 67
s 49,600 I s 41,650 I s 38,1so Is 33,840 I s 16.960 Is 37,260 I s 1 o,360 I s 1.300 I s a.o40
s
Project No: 19010094.00
245,360
ASSUMPTIONS
Assumptions that explain the basis of the proposed price are provi
ded in a list following this cost spreadsheet.
PRICE PROPOSAL AND ASSUMPTIONS
The proposed price for the Friant Ranch Recirculated EIR is presented in the preceding spreadsheet. To
promote clarity, the following assumptions explain the basis of the proposed price. The price is estimated
based on a good-faith, current understanding of the project's needs. If selected, Ascent Environmental
(Ascent) is interested in discussing County of Fresno's needs and revising the scope of work and price, as
warranted, to meet expectations.
1. Proposed Price Validity. The price proposed to carry out the scope of work is valid for 120
days from the date of submittal, after which it may be subject to revision.
2. Milestone Price. The proposal is a milestone price to perform the proposed scope of work.
Ascent will submit invoices as milestone tasks are completed (direct costs will be billed to
the applicable task, as shown in the cost spreadsheet). The following grouping will be used:
..id Task 1, Project Initiation and Review of Project Materials
A Task 2, Administrative Revised Air Quality Analysis and Recirculated Draft EIR
A Task 3, Screencheck and Public Recirculated Draft EIR
A Task 4, Administrate Final EIR
A Task 5, Screencheck and Public Final EIR
A Task 6, Public Hearing Attendance and Material Preparation
3. Compliance with CEQA. The price assumes that environmental services are offered in
compliance with CEQA. Work related to NEPA compliance, Section 404, or other permit
processes is not included. This work can be provided with a contract amendment.
4. Schedule. If the schedule is protracted significantly (more than 60 days) for reasons beyond
Ascent's control, a budget amendment could be required if protraction of the schedule
results in additional work for Ascent. Ascent will consult with the County about a course of
action.
5. Completion of Work. The scope of work is complete upon the acceptance by County staff
of the final deliverable.
6. Price Allocation to Tasks. The proposed price has been allocated to tasks. As noted under
item 2, above, Ascent will submit invoices as milestone tasks are completed. Invoice totals
will be based on the estimated total cost associated with each task (see the cost
spreadsheet for task totals).
7. Staff Assignment. Work has been assigned to the identified staff or labor category. Ascent
may reassign tasks to different staff or labor categories, as long as the total contract price is
not exceeded.
8. Meetings and Conference Calls. The number and duration of proposed meetings and
conference calls are specified. If they are exceeded, a budget augmentation would be
warranted.
9. Billing Rates. Per the County, this contract will include the cost spreadsheet as an
attachment, memorializing the rates as submitted.
10. Changes to the Project or Alternatives. If the descriptions of the project and alternatives are
changed after they have been approved for use by the County, a budget amendment will
be warranted to the extent completed work needs to be revised or redone.
11. Scope of Analysis. The price is based on the proposed scope of analysis. If new technical
issues, alternatives, field surveys, modeling, or analysis is identified after contract execution,
a budget amendment would be warranted.
12. Adequacy of Provided Materials. Ascent will review all documents for adequacy prior to use
in support of the Revised EIR. If additional analysis, studies, data, or fieldwork is needed, a
budget amendment would be warranted.
13. Tribal Consultation. The scope and budget do not include tribal consultation. Consultation
assistance can be added, if needed, with a scope and budget amendment.
14. Preliminary Draft Review Cycles and Reviewers. Preliminary draft review cycles are specified
in the scope of work. Preliminary drafts will be reviewed by County staff and applicant
team, as appropriate, and not by other agencies or entities. Responses to additional
reviewers, review cycles, or versions of preliminary drafts can be provided with a budget
augmentation.
15. Consolidated Comments. The County will provide Ascent with one consolidated set of
reconciled, nonconflicting comments on preliminary drafts.
16. Responses to Public Comments. After public review of the draft environmental document,
Ascent will prepare a list of commenters; compile, organize, review, and evaluate
comments; and coordinate with the County to develop response strategies. Up to 120 labor
hours are budgeted for preparing responses to comments. If the number or complexity of
comments requires a greater level of effort, Ascent and the County will coordinate about a
course of action and budget augmentation, if needed.
17. References Cited. Ascent will maintain electronic copies of cited references and provide
electronic files during public review. Ascent will submit electronic copies of all references to
the County for archiving as part of the County's administrative record upon completion of
the scope of work.
18. Reproduction Costs. The reproduction cost of documents is included in the price, based on
assumptions regarding the number of copies, document length, and extent of color
graphics. If the number of copies, document length, or extent of color content exceeds
assumptions, a budget augmentation would be warranted.
19. Final Environmental Document. The final environmental document will consist of a
comments and responses to comments volume or chapter. Text revisions to the draft
document, if needed, will be assembled in a section. Modification, redline/strike-through,
and reproduction of the draft document are not included but can be provided with a
budget amendment.
20. Litigation Support. Ascent will maintain and submit to the County all administrative record
items that are listed in Public Resources Code 21167.6(e) that are in Ascent's possession and
that were relied upon in preparation of the revised portion of the EIR from the time the writ
of mandate was issued to after the Board has taken final action on the project and all
associated CEQA paperwork has been finalized.