HomeMy WebLinkAboutAgreement A-21-548 with Rincon Consultants Inc..pdfPage 1 of 21
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SECOND AMENDED AND RESTATED CONSULTANT AGREEMENT
This SECOND AMENDED AND RESTATED CONSULTANT AGREEMENT (hereinafter
“Agreement”), is made and entered into this _____ day of ____________, 2021 (the “Execution Date”),
by and between the COUNTY OF FRESNO (“County”), a political subdivision of the State of California,
and the consulting firm of Rincon Consultants, Inc. (“Consultant”), a California Corporation. This
Agreement amends and restates County of Fresno agreement number 20-144 (the “Amended
Agreement”) executed [Date], which was assigned to Consultant by the Assignment and Consent to
Assignment, Fresno County (the “Assignment”), executed on December 14, 2021. The County and
Consultant may collectively be referred to herein as “Parties” and singularly as a “Party.”
RECITALS:
WHEREAS, Mintier Harnish, LP (“Prior Consultant”), was selected to prepare an Environmental
Impact Report (EIR) on behalf of the County for a proposal submitted by the County of Fresno. The
Review of the General Plan and the Update of the Zoning Ordinance hereinafter referred to as the
Proposed Project consists of expanding the current General Plan Review and comprehensive Zoning
Ordinance Update process to address recent policy direction given by the Board of Supervisors, address
recent changes to State planning law and provide an update to the 2000 General Plan Background
Report, prepare a Program Environmental Impact Report (PEIR), and conduct additional public meetings
with the Planning Commission and Board of Supervisors; and
WHEREAS, on October 15, 2015, County and Prior Consultant executed County of Fresno
agreement number 15-530 (the “Original Agreement”), under which Prior Consultant was selected to
provide consulting services to County associated with County’s General Plan Review and Zoning
Ordinance Update project (the “GPRZOU”); and
WHEREAS, the GPRZOU consists of (i) a review of County’s 2000 General Plan and
comprehensive update to County’s Zoning Ordinance to address recent policy direction given by the
Board of Supervisors and address recent changes to State planning law, (ii) the preparation of a program
Environmental Impact Report (EIR), and (iii) conducting public meetings, including but not limited to those
with the Planning Commission and Board of Supervisors necessary for the adoption of the program EIR,
Agreement No. 21-54821-1167
14th December
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policy documents, and ordinances; and
WHEREAS, on April 14, 2020, County and Prior Consultant executed an Amended and Restated
Consultant Agreement, the Amended Agreement, which superseded and replaced the Original
Agreement in its entirety; and
WHEREAS, Prior Consultant delivered to County “Contract Deliverables” numbered I through VIII,
XI, and a portion of XII as defined in Subsection 3.B of the Amended Agreement. Prior Consultant also
performed certain “Extra Services,” as defined in Subsection 3.C of the Amended Agreement; and
WHEREAS, County fully compensated Prior Consultant for its completion of Contract
Deliverables numbered I through VIII, XI, and the above-referenced portion of XII, as well as for the
above-referenced Extra Services. Such compensation amounts to Five Hundred and Seventeen-
Thousand, Nine Hundred and Eighty-Six Dollars and Thirty-Six Cents ($517,986.36) which includes
Twenty-Five Thousand, Two Hundred and Seventy-Four Dollars and Fifty-Six Cents ($25,274.56) in
Extra Services; and
WHEREAS, on December 14, 2021, the Parties and Prior Consultant executed the Assignment,
under which Consultant accepted responsibility for performing the remaining unperformed Contract
Deliverables of the Amended Agreement, which are Contract Deliverables IX, X, portions of XII, and all
of XIII through XVI (collectively, “Remaining Deliverables”); and
WHEREAS, as of December 14, 2021, a balance of Five-Hundred and Ten Thousand, Two-
Hundred and Thirteen Dollars and Twenty Cents ($510,213.20) of compensation remains payable for the
Remaining Deliverables once they are performed, and a balance of One-Hundred Thousand, Seventy-
Five Dollars and Forty-Four Cents ($100,075.44) remains available for Extra Services once they are
authorized by County and performed by Consultant under the Amended Agreement; and
WHEREAS, Consultant has proposed a new scope of work to complete tasks associated with the
GPRZOU; and
WHEREAS, Consultant understands that the California Environmental Quality Act (CEQA)
requires that the EIR prepared for the project reflect the independent judgment of the lead agency; and
WHEREAS, Consultant understands that it must meet the requirements for an interdisciplinary
approach in the preparation of the EIR, as specified in Article 9 of the CEQA Guidelines (Section 15120
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– 15132), and that the Consultant must have no interest, financial or otherwise, in the outcome of the
Proposed Project or any related projects; and
WHEREAS, Consultant represents that it is qualified, able and willing to prepare a legally
adequate EIR and to otherwise deliver the necessary environmental consulting services as are required
by the County and as are required by law for the Project, which representation the County specifically
relies upon; and
WHEREAS, the Director of the Fresno County Department of Public Works and Planning (the
“Director”) is responsible for the environmental documents prepared for the Project; and
WHEREAS, the Parties now wish to amend the scope of work, and, by this Agreement, to amend
and restate the Amended Agreement in its entirety; and
WHEREAS, a copy of the Project Description is attached hereto as Exhibit “A.”
NOW, THEREFORE, in consideration of the Covenants and Conditions set forth herein, the
Parties agree as follows:
1. Obligations of the Consultant
A. Consultant shall not initiate any work associated with this Agreement unless and
until receipt of a Notice to Proceed is issued by the Director or Director’s designee. Upon Consultant’s
receipt of written request by the Director or Director’s designee to proceed with identified work, Consultant
shall prepare an EIR for the Proposed Project which shall comply with CEQA and conform to the “Work
Program,” consisting of the documents attached hereto as Exhibits “B Scope of Work,” “C Budget Sheet,”
and “D Deliverable Table” and incorporated herein by reference. In the event of any inconsistency
between this Agreement and its exhibits, the inconsistency shall be resolved by giving precedence in the
following order of priority: (1) the text of this Agreement, independent of any exhibits, (2) Exhibit B, (3)
Exhibit D, (4) Exhibit C, and (5) Exhibit A.
B. Consultant shall review all background information, prior technical studies and
other studies supplied by the County for evaluation in the EIR, and the Consultant or their Sub-consultants
shall revise and/or prepare any studies determined to be inadequate or incomplete.
C. Consultant shall not revise the approved Work Program, Work Schedule or replace
any Sub-consultant selected to prepare any part of the EIR without the prior written consent of the
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Director. Consultant’s Project Manager shall be Della Acosta, email dacosta@rinconconsultants.com.
Any changes to Consultant’s Project Manager will require prior written consent of the Director.
D. Consultant shall at most assist with conducting five (5) community engagement
meetings and two (2) disadvantaged community engagement meetings, which may include introduction
of the Draft EIR at these meetings, in addition to participating in meetings before the Planning
Commission and Board of Supervisors.
2. Obligations of the County
A. The County shall make available to the Consultant all documents, studies, and
other information, not otherwise confidential, privileged, or exempt from public access, in its possession
related to the project.
B. The County shall review Consultant’s work and provide comments to the
Consultant as outlined in the Work Program.
C. The County shall arrange for required publications and mail required notices to
public agencies and interest groups.
D. The County will work with the Consultant to make arrangements for meetings with
the public agencies and the public and the County requests the Consultant to assist in conducting such
meetings.
E. Except for payment of compensation to Consultant provided in Section 3, below,
the deadlines for performance by the County or its officers and employees set forth herein are directory
only, and the failure of the County to meet such deadlines shall not be a breach of this Agreement. The
County shall exercise good faith to meet all deadlines and shall promptly notify the Consultant of any
delays.
3. Compensation
A. Fee for Services: The total compensation for the services performed under this
Agreement shall not exceed Six Hundred and Seventy-Seven Thousand, and Fifty-Eight Dollars
($677,058.00), inclusive of both the fee for professional services, direct costs on a time and material
basis, and contingency fees described more fully in Sections 3.A and 3.C of this Agreement. The County
shall pay the Consultant a basic fee in the total sum of Six Hundred and Twenty-Seven Thousand, and
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Fifty-Eight Dollars ($627,058.00) which consists of Five Hundred and Seventy-Two Thousand, One
Hundred and Fifty Dollars ($572,150.00) in Professional Fees and Completed Services to be Billed and
Fifty-Four Thousand, Nine Hundred and Eight Dollars ($54,908.00) in Direct Costs. Except as otherwise
provided in Subsection 3.C of this Agreement, this basic fee is the entire consideration to be paid by the
County to the Consultant for all services performed by the Consultant under this Agreement, and is in
addition to any amounts that the County has paid to the Prior Consultant under the Amended Agreement.
The total charge for Contingencies provided for in Subsection 3.C is also in addition to any amounts that
the County has paid to the Prior Consultant under the Amended Agreement, and such total charge for
Contingencies provided for in Subsection 3.C shall not exceed the sum of Fifty Thousand Dollars
($50,000.00). Exhibit C attached to this Agreement, is the detailed budget for the work to be performed
including Contingencies provided for in Subsection 3.C. In the event the Parties hereto disagree as to
whether certain services are included in the basic fee, the Director shall, in the Director's reasonable
discretion, make the determination as to the characterization of such services. The Director will be guided
by, but not be required to follow the Consultant’s Work Program of this Agreement in determining whether
certain services are included in the basic fee. The Director’s determination shall be conclusive and
binding upon the Parties hereto.
B. Contract Deliverables: Consultant and County agree that the GPRZOU and its
associated EIR shall be prepared in phases that shall consist of six (6) Contract Deliverable increments.
A Contract Deliverable shall be considered to have been completed only after all the tasks identified for
that Contract Deliverable have been completed to the satisfaction of Director or Director’s designee. To
ensure completion of a Contract Deliverable is not unreasonably withheld should there be disagreement
between County and Consultant regarding satisfactory completion, Consultant may appeal an
unsatisfactory determination to the Director or Director’s designee who shall be available to discuss the
matter with the Consultant if requested. All Tasks shall be completed according to Work Program,
including the Table attached to Exhibit “D”. Consultant shall provide written progress reports to County
on the GPRZOU and its associated EIR, no less frequently than once per month, as part of or in addition
to monthly invoicing for services as described in Subsection 3.B(7) below. All invoices, and County’s
processing and payment of all invoices, are subject to Subsection 3.B(7) below.
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(1) Contract Deliverable 1 shall consist of all work performed by the Consultant
to complete Phase 1, Tasks 1.1 through 1.3 related to the General Plan and Zoning Ordinance including
a kick-off meeting, existing document review, revised General Plan Policy and Zoning Ordinance
documents, and reimbursement of tasks completed under the prior Amended Agreement. This Contract
Deliverable will include a review of the revised General Plan and updated Zoning Ordinance, review of
additional documents by the Consultant, and a review of legislative requirements for the General Plan
enacted since January 1, 2020 to note any inconsistencies and discuss approaches with staff. Consultant
shall also provide County a Legislative Consistency Memorandum. Final payment of the Retention
(defined in Section 3.B(7) below) for this Contract Deliverable is contingent on completion of these tasks
and acceptance of foresaid draft documents by Director or Director’s designee.
(2) Contract Deliverable 2 shall consist of all work performed by the Consultant
to complete Phase 2, Task 2.1 related to environmental review and the Administrative Draft Program EIR
(ADPEIR). Subtasks within this deliverable include key, required sections of the ADPEIR per the
requirements of CEQA, alternatives analysis, analysis of cumulative impacts, and a project description
and an environmental setting. This deliverable also includes direct costs associated with the
transportation subconsultant. Final payment of the Retention (defined in Section 3.B(7) below) for this
Contract Deliverable is contingent on completion of tasks within this deliverable and acceptance of
foresaid draft documents by Director or Director’s designee.
(3) Contract Deliverable 3 shall consist of all work performed by the Consultant
to complete Phase 2, Tasks 2.2 through 2.4 related to environmental review and the Administrative Draft
Program EIR (ADPEIR). Subtasks within this deliverable include preparation of a Screen Check Draft
PEIR Public Review Draft PEIR, response to comments and preparation of a Mit igation, Monitoring, and
Reporting Program and direct costs associated with the preparation of these materials. Completion of
this deliverable is based on mutually agreed to assumptions outlined in Exhibit “B” including that County
comments will be submitted to Consultant in a single consolidated electronic document using tracked
changes, County will submit all documents to the County Clerk and State Clearinghouse, and County
staff will be the point of contact for all comments received from the public. Final payment of the Retention
(defined in Section 3.B(7) below) for this Contract Deliverable is contingent on acceptance of draft
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documents by Director or Director’s designee.
(4) Contract Deliverable 4 shall consist of all work performed by the Consultant
to complete Phase 4, Tasks 4.1 through 4.3 related to community engagement and meetings including
disadvantaged community engagement. Subtasks within this deliverable will include community
meetings in up to five (5) locations on five (5) separate evenings or weekends. Each workshop will be
facilitated by Consultants and County. Consultant assumes the workshops will be held over the course
of a two-week period. One or more of the workshops may be conducted virtually or in pop-up format at
an existing event location. Consultant will also assist County to facilitate engagement with residents of
disadvantaged communities to get feedback on the Draft Environmental Justice goals, policies, and
programs. This deliverable also includes direct costs associated with preparation and participation in
these community engagement efforts by the consultant. Final payment of the Retention (defined in
Section 3.B(7) below) for this Contract Deliverable is contingent on completion and acceptance of these
tasks within this deliverable by Director or Director’s designee.
(5) Contract Deliverable 5 shall consist of all work performed by the Consultant
to complete Phase 3, Tasks 3.1 and 3.2 including CEQA Findings. Subtasks within this deliverable
include completion of a Final PEIR, Screen check and Final General Plan and Zoning Ordinance, Draft
Notice of Determination, and final Notice of Determination. Direct costs by the consultant are also
included in this deliverable. Assumptions to complete this deliverable include that all County comments
will be submitted to the Consultants in a single consolidated Word document using Tracked Changes,
one round of revisions will be completed by the Consultant prior to County review and one round of
revisions will be completed after County review. Final payment of the Retention (defined in Section 3.B(7)
below) for this Contract Deliverables contingent on acceptance of foresaid draft documents by Director
or Director’s designee.
(6) Contract Deliverable 6 shall consist of all work performed by the Consultant
for the remainder of Phase 4, Tasks 4.4 and 4.5 related to public hearings before the Planning
Commission and Board of Supervisors. This deliverable will include any scheduled workshops before
either the Planning Commission or Board of Supervisors and all final public hearings before those bodies
and includes direct costs by the consultant associated with this deliverable. Final payment of the
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Retention (defined in Section 3.B(7) below) for this Contract Deliverables contingent on completion and
acceptance of these tasks within this deliverable by the County.
(7) Consultant shall send County invoices reflecting time, hourly rate, and
direct costs no more frequently than once per month. Invoices shall also reflect the amount of
compensation owed to Consultant for each Contract Deliverable. Upon receipt of a proper invoice,
Director or Director’s designee will have a maximum of ten (10) calendar days to review, approve, and
submit the invoice to the County Auditor-Controller/Treasurer-Tax Collector or return the invoice to
Consultant as inconsistent with the terms of this Agreement. Invoices will be paid to the Consultant within
forty-five (45) calendar days after receipt of an approved invoice by the County Auditor-
Controller/Treasurer Tax Collector. County shall retain five percent (5%) of each payment (“Retention”)
to be released to Consultant upon completion of the Contract Deliverable and acceptance of the Contract
Deliverable by Director or Director’s designee. Consultant’s invoices shall reflect County’s withholding
and release of the Retention. The maximum compensation for each Contract Deliverable to be paid to
the Consultant is as follows:
(a) Contract Deliverable 1
Compensation to Consultant for the first Contract Deliverable shall
not exceed One Hundred and Twenty-Three Thousand, Seven Hundred and Seventy-Four Dollars
($123,774.00). This amount is approximately 20% of the total basic fee. The County shall compensate
Contractor subject to Subsection 3.B.(7), above, and release the Retention for Contract Deliverable 1
only after it has accepted Contract Deliverable 1 and received a proper invoice pursuant to Subsection
3.B.(7), above.
(b) Contract Deliverable 2
Compensation to Consultant for Contract Deliverable 2 shall not
exceed Ninety-Six Thousand, Three Hundred and Eighty-Four Dollars ($96,384.00) for time and labor
costs, and Thirty-Six Thousand, Eight Hundred Dollars ($36,800.00) for direct costs, for a total deliverable
amount of One Hundred and Thirty-Three Thousand, One Hundred and Eighty-Four Dollars
($133,184.00). This amount is approximately 21% of the total basic fee. The County shall compensate
Contractor subject to Subsection 3.B.(7), above, and release the Retention for Contract Deliverable 2
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only after it has accepted Contract Deliverable 2 and received a proper invoice pursuant to Subsection
3.B(7), above.
(c) Contract Deliverable 3
Compensation to Consultant for Contract Deliverable 3 shall not
exceed Eighty-Two Thousand, Five Hundred and Eighty-Four Dollars ($82,584.00) for time and labor
costs, and Four Thousand, Two Hundred and Fifty-Three Dollars ($4,253.00) for direct costs, for a total
deliverable amount of Eighty-Six Thousand, Eight Hundred and Thirty-Seven Dollars ($86,837.00). This
amount is approximately 14% of the total basic fee. The County shall compensate Contractor subject to
Subsection 3.B(7), above, and shall release the Retention for Contract Deliverable 3 only after it has
accepted Contract Deliverable 3 and received a proper invoice pursuant to 3.B(7), above.
(d) Contract Deliverable 4
Compensation to Consultant for Contract Deliverable 4 shall not
exceed One Hundred and Forty-One Thousand, Eight Hundred and Thirty-Six Dollars ($141,836.00) for
time and labor costs, and Eight Thousand and Twenty-Two Dollars ($8,022.00) for direct costs, for a total
deliverable amount of One Hundred and Forty-Nine Thousand, Eight Hundred and Fifty-Eight Dollars
($149,858.00). This amount is approximately 24% of the total basic fee. The County shall compensate
Contractor subject to Subsection 3.B.(7), above, and shall release the Retention for Contract Deliverable
4 only after it has accepted contract Deliverable 4 and received a proper invoice pursuant to 3.B(7),
above.
(e) Contract Deliverable 5
Compensation to Consultant for Contract Deliverable 5 shall not
exceed Fifty-Thousand, Six Hundred and Twenty-Eight Dollars ($50,628.00) for time and labor costs,
and Four Thousand, Two Hundred and Fifty-Three Dollars ($4,253.00) for direct costs, for a total
deliverable amount of Fifty-Four Thousand, Eight Hundred and Eighty-One Dollars ($54,881.00). This
amount is approximately 9% of the total basic fee.
(f) Contract Deliverable 6
Compensation to Consultant for Contract Deliverable 6 shall not
exceed Seventy-Six Thousand, Nine Hundred and Forty-Four Dollars ($76,944.00) for time and labor
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costs, and One Thousand, Five Hundred and Eighty Dollars ($1,580.00) for direct costs, for a total
deliverable amount of Seventy-Eight Thousand, Five Hundred and Twenty-Four Dollars ($78,524.00).
This amount is approximately 13% of the total basic fee. The County shall compensate Contractor
subject to Subsection 3.B.(7), above, and shall release the Retention for Contract Deliverable 6 only after
it has accepted Contract Deliverable 6 and received a proper invoice pursuant to 3.B(7), above.
C. Contingencies (Extra Services)
(1) The Parties understand that additional work, not reasonably anticipated
during the preparation of the Work Program proposal submitted by the Consultant and approved by the
County, may be necessary to complete the GPRZOU or the Draft and/or Final EIR. The Parties further
understand that it is not possible to estimate accurately either the quantity or quality of comments that
will be received by the County during the public review period for the Draft EIR. The Parties agree that
the County may authorize the Consultant to perform certain necessary additional work as “Extra Services”
pursuant to Exhibit “D” of this Agreement.
(2) The Extra Services which may be authorized are limited to those subjects
set forth in Exhibit "E", a copy of which is attached hereto and incorporated herein by reference. The
Consultant shall not perform any Extra Services without prior written authorization from the Director or
the Director’s designee. The total charge for all such Extra Services shall not exceed the sum of Fifty
Thousand Dollars ($50,000.00).
(3) Whether to authorize Extra Services is within the discretion of the Director.
Authorization may be granted only if additional information, further analysis or other work is, in the
reasoned opinion of the Director, required to complete the Draft or Final EIR or related activities.
However, if the services to be performed could reasonably have been anticipated during the preparation
of the Work Program proposal, as determined by the Director, these services are not “Extra Services”
and shall be performed by the Consultant within the basic fee of this Agreement. Extra Services may be
authorized if the Director determines that the work proposed is beyond the approved Work Program and
the approval of the costs associated with the Extra Services is acceptable to the County. The Consultant
shall confirm with the Director or the Director’s designee that the costs associated with the Extra Service
has been approved prior to the performance of the Extra Services work by the Consultant.
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D. Consultant to Bear Expenses
It is understood that the Consultant shall bear all expenses incidental to the
performance of its obligations under this Agreement.
4. Hold Harmless and Insurance
A. The Consultant shall hold the County, its Boards, Commissions, officers, agents,
and employees harmless and indemnify and, at County’s request, defend the County, its Boards,
Commissions, officers, agents and employees, against the payment of any and all costs and expenses
(including reasonable attorney fees and court costs), claims, losses, damages, causes of action, lawsuits,
and liability for bodily and personal injury to or death of any person and for injury or loss of any property
resulting from or arising out of or in any way connected with any negligent or wrongful acts or omissions
of the Consultant, its officers, agents, and employees, in performing or failing to perform any work
services or functions provided for or referred to or in any way connected with any work, services or
functions to be performed under this Agreement and against the payment of any and all costs and
expenses (including reasonable attorney fees and court costs), claims, losses, damages, causes of
action, lawsuits and liability for bodily and personal injury to or death of any person and for injury or loss
of any property. Notwithstanding anything to the contrary, this subsection 4.A. shall survive termination
of this Agreement.
B. Without limiting the County’s right to obtain indemnification from the Consultant or
any third Parties, the Consultant, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement: (1) Commercial General Liability Insurance with
limits of not less than One-Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two
Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. County may require
specific coverages including completed operations, products liability, contractual liability, Explosion-
Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the
nature of this contract; (2) Comprehensive Automobile Liability Insurance with limits for bodily injury of not
less than Two-Hundred Fifty-Thousand Dollars ($250,000.00) per person, Five-Hundred- Thousand Dollars
($500,000.00) per accident and for property damages of not less than Fifty-Thousand Dollars ($50,000.00),
or such coverage with a combined single limit of Five-Hundred-Thousand Dollars ($500,000.00). Coverage
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should include owned and non-owned vehicles used in connection with this Agreement; (3) Professional
Liability Insurance, if Consultant employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.)
in providing services, with limits of not less than One-Million Dollars ($1,000,000.00) per occurrence, Two-
Million Dollars ($2,000,000.00) annual aggregate; and (4) A policy of Worker's Compensation insurance as
may be required by the California Labor Code.
The general liability and automobile liability insurance policies shall name the
County, its officers, agents, and employees, individually and collectively, as additional insured, but only
insofar as the operations under this Agreement are concerned. Such coverage for additional insured
shall apply as primary insurance and any other insurance, or self-insurance, maintained by the County,
its officers, agents, and employees, shall be excess only and not contributing with insurance provided
under the Consultant’s policies herein. This insurance shall not be canceled or changed without a
minimum of thirty (30) days advance, written notice given to County.
Prior to the commencement of performing its obligations under this Agreement, the
Consultant shall provide certificates of insurance on the foregoing policies, as required herein, to the
County’s Department of Public Works and Planning, stating that such insurance coverages have been
obtained and are in full force; that the County, its officers, agents, and employees shall not be responsible
for any premiums on the policies; that such insurance (general liability and automobile liability only)
names the County, its officers, agents, and employees, individually and collectively, as additional insured,
but only insofar as the operations under this contract are concerned; that such coverages for additional
insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by the
County, its officers, agents, and employees, shall be excess only and not contributing with insurance
provided under the Consultant’s policies herein; and that this insurance shall not be canceled or changed
without a minimum thirty (30) days advance, written notice given to the County.
In the event the Consultant fails to keep in effect at all times insurance coverages
as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this
Agreement upon the occurrence of such event.
5. Breach and Termination
A. This Agreement may be immediately terminated by the County upon written notice
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to the Consultant if the Consultant fails to comply with any or all of the terms of this Agreement or the
Applicant requests that the County discontinues processing the Proposed Project. In no event shall any
payment by the County constitute a waiver by the County of any breach of this Agreement or any default
which may then exist on the part of the Consultant. The County’s termination of this Agreement due to
the Consultant’s breach shall not limit the rights of the County to seek other relief, including the recovery
of damages.
B. If this Agreement is terminated as provided in this section, the Consultant shall be
compensated for satisfactorily-performed services completed to the date of termination based upon the
compensation rates set forth in the Work Program, and subject to the total sum agreed to herein, together
with such additional services satisfactorily performed by the Consultant after termination which are
authorized by the County to complete the work performed to the date of termination.
C. If the Consultant terminates the Agreement for reasons other than material breach
by the County, the Consultant shall reimburse the County, up to a maximum of Twenty-Thousand Dollars
($20,000) for the actual expenses of issuing a Request For Proposal, engaging a new consultant, and
paying the new consultant’s costs to become familiar with the Consultant’s environmental documentation.
D. The County may immediately suspend or terminate this Agreement in whole or in
part, where in the determination of the County there is:
1. An illegal or improper use of funds;
2. A failure to comply with any term of this Agreement;
3. A substantially incorrect or incomplete report submitted to the County;
4. Inadequately performed services, as may be determined by Director.
E. Without Cause – Under circumstances other than those set forth above, this
Agreement may be terminated by County upon the giving of thirty (30) days advance written notice of an
intention to terminate to Consultant.
6. Work Product
A. Any and all reports, studies, data, or other information, prepared or assembled by
the Consultant under this Agreement shall not be provided to any person, association, corporation, or
other organization during the term of this Agreement without the prior written consent of the County.
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B. The County shall have the unlimited authority to forever publish, disclose, distribute
and otherwise use throughout the world, in whole or in part, and allow others to do so, any and all reports,
studies, data, or other information prepared by the Consultant pursuant to this Agreement.
C. All documents prepared or obtained by the Consultant shall become the exclusive
property of the County. Upon termination of this Agreement and prior to any compensation received from
the County for unpaid services, the Consultant shall surrender to the County all work products created
pursuant to this Agreement without any reservation of rights therein. Consultant may retain such
documents only for so long as the County authorizes such work product to be retained to allow the
completion of work as provided in Subsection 5.B of this Agreement. Consultant may retain copies of
any documents prepared or obtained by the Consultant and designated as public records under the
Public Records Act, and such documents may be used by the Consultant in any manner after this
Agreement has been terminated.
D. The Consultant shall provide (submit, reproduce and distribute) a Draft
Background Report, Final Background Report, Draft Policy Document Revision, Final Policy Document
Revision, Draft Program Environmental Impact Report with Draft Mitigation, Monitoring and Reporting
Program, Final Program Environmental Impact Report with Final Mitigation, Monitoring and Reporting
Program, appendices, exhibits and any additional reference material in the quantities and format(s) as
specified in the Work Program of this agreement. The County will require that the Consultant provide
documents in both Microsoft Word Office 365 (or newer) and .pdf file formats.
7. Administrative Record
Consultant shall prepare and assemble the Administrative Record and furnish it to County
after the Notice of Determination, including the findings and any Statement of Overriding Consideration,
is filed with the County Clerk officer. The Administrative Record is the entirety of the information relied
upon to prepare the EIR, including without limitation all records identified in California Public Resources
Code section 21167.6, subdivision (e). The Administrative Record is inclusive of all information and
analyses either generated or obtained from other sources, or used to support documentation and
analyses. A complete Administrative Record is the entirety of the information relied upon within
Consultant’s possession plus all information in other locations listed in the references. Information listed
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in the references at other locations does not have to be included in the Administrative Record, provided
the references contain sufficient information for a reasonable member of the public to identify, seek out,
and obtain the listed information. Consultant shall organize the information comprising the Administrative
Record as an accessible electronic file, indexed by topic to the extent possible, and submit this record to
County. The electronically stored information comprising the Administrative Record shall be delivered to
the County in in the format in which it is ordinarily maintained.
8. Time of Performance
It is understood that weather and other factors beyond the Consultant’s control may delay
the completion of field work necessary for preparation of the EIR. The Consultant will be allowed as
many additional days as are necessary to compensate for days lost due to inclement weather or delays
resulting from actions by the County including but not limited to changes in the project. If additional time
is needed because of delay caused by factors beyond the Consultant’s control, the Consultant shall
request in a timely manner an extension of time in writing. The granting of such an extension shall be at
the discretion of the Director, or the Director’s designee.
9. Independent Contractor
In performance of the work, duties, and obligations assumed by the Consultant under this
Agreement, it is mutually understood and agreed that the Consultant, including any and all of the
Consultant’s officers, agents and employees, will at all times be acting and performing as an independent
contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint
venture, partner or associate of the County. Furthermore, the County shall have no right to control or
supervise or direct the manner or method by which the Consultant shall perform its works and function.
However, the County shall retain the right to administer this Agreement so as to verify that the Consultant
is performing its obligations in accordance with the terms and conditions thereof. The Consultant and
the County shall comply with all applicable provisions of law and the rules and regulations, if any, of
Governmental authorities having jurisdiction over matters the subject thereof.
Because of its status as an independent contractor, the Consultant shall have absolutely
no right to any and all employment rights and benefits available to County employees. The Consultant
shall be solely liable and responsible for providing to, or on behalf of its employees, all legally-required
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employees benefits. In addition, the Consultant shall be solely responsible and save the County harmless
from all matters relating to payment of the Consultant’s employees, including compliance with Social
Security withholding, and all other regulations governing such matters. It is acknowledged that during
the term of this Agreement, Consultant may be providing services to others unrelated to the County or to
this Agreement.
10. Conflict of Interest
The Consultant, Sub-consultants and Consultant’s employees shall adhere to the Conflict
of Interest Code of the Department of Public Works and Planning, which is attached hereto and as Exhibit
“F” and incorporated herein by reference.
11. Governing Law; Venue
The rights and obligations of the Parties and all interpretations and performance of this
Agreement shall be governed in all respects by the laws of the State of California.
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 a state court for Fresno County, California
or in the U.S. District Court for the Eastern District of California located in Fresno County, California.
12. Amendments
Any changes to this Agreement requested either by the County or the Consultant may
only be affected if mutually agreed upon in writing by duly authorized representatives of the Parties
hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by
such writing.
13. Compliance with Laws
The Consultant shall comply with all Federal, State, and local laws, ordinances,
regulations, and Fresno County Charter provisions applicable in the performance of its services.
14. Audits and Inspections
The Consultant shall at any time during business hours, and as often as the County may
deem necessary, make available to the County for examination all of its records and data with respect to
the matters covered by this Agreement. The Consultant shall, upon request by the County, permit the
County to audit and inspect all of such records and data necessary to ensure the Consultant’s compliance
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with the terms of this Agreement.
If this Agreement exceeds Ten-Thousand Dollars ($10,000.00), the Consultant shall be
subject to the examination and audit of the Auditor General for a period of three (3) years after final
payment under contract (Government Code Section 8546.7).
15. Contract Administration
The Consultant shall notify its appropriate employees of the individual whom the County
designates as the County Contract Administrator for this EIR. All routine correspondence and
telecommunications related to Contract performance and related issues shall be otherwise addressed as
follows:
Chris Motta, Principal Planner
Department of Public Works and Planning
Development Services Division
2220 Tulare Street, 6th floor
Fresno, CA 93721
Phone: (559) 600-4497
Fax: (559) 600-4200
e-mail: cmotta@fresnocountyca.gov
16. Entire Agreement
This Agreement constitutes the entire agreement between the Consultant and County with
respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments,
writing, advertisements, publications, and understandings of any nature whatsoever unless expressly
included in this Agreement, including the Original Agreement.
17. Construction of Agreement
In the event of any inconsistency between this Agreement and the
Exhibits attached to and incorporated by referenced herein, such inconsistency shall be resolved by
giving precedence in the following order of priority: (1) to the text of this Agreement; (2) then to Exhibit
“A”; (3) then to the Work Program Exhibits “B” through “D”; (4) then to Exhibit “E”; (5) then to Exhibit “F”;
and (6) then to Exhibit “G.
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:
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COUNTY:
Steven E. White, Director
Department of Public Works and Planning
2220 Tulare Street, Sixth Floor
Fresno, CA 93721
Attn: Manager of Development Services and Capital Projects
CONSULTANT:
Rincon Consultants, Inc.
Attn: Matt Maddox
7080 N. Whitney Avenue, Suite 101
Fresno, CA 93720
e-mail: Mmaddox@rinconconsultants.com
Any and all notices between the County and the Consultant 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 19
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. Non-Assignment
Neither Party shall assign, transfer or sub-contract this Agreement nor their rights or duties
under this Agreement without the written consent of the other Party.
20. Consultant’s Legal Authority
Each individual executing or attesting this Agreement on behalf of the Consultant hereby
covenants, warrants, and represents: (i) that he or she is duly authorized to execute or attest and deliver
this Agreement on behalf of the Consultant’s Corporation; and (ii) that this Agreement is binding upon
such Corporation.
21. Binding Upon Successors
This Agreement shall be binding upon and inure to the benefit of the Parties and their
respective successors in interest, assigns, legal representatives, and heirs.
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22. Disclosure of Self-Dealing Transactions
This provision is only applicable if the Consultant is operating as a corporation (a for-profit
or non-profit corporation) or if during the term of this Agreement, the Consultant changes its status to
operate as a corporation.
Members of the Consultant’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while Consultant is providing goods or performing services under
this Agreement. A self-dealing transaction shall mean a transaction to which the Consultant is a party
and in which one or more of its directors has a material financial interest. Members of the Board of
Directors shall disclose any self-dealing transactions that they are a party to by completing and signing
a Self-Dealing Transaction Disclosure Form, which is attached hereto and as Exhibit “G” and
incorporated herein by reference and submitting it to the County prior to commencing with the self-dealing
transaction or immediately thereafter.
23. Term of Agreement
This Agreement shall become effective upon Execution Date, immediately following the
completion of the Assignment, and shall terminate following final payment under the Agreement, unless
otherwise terminated as provided herein.
24. Electronic Signatures
The Parties agree that this Agreement may be executed by electronic signature as
provided in this section.
i. An “electronic signature” means any symbol or process intended by an individual
signing this Assignment and Consent to Assignment to represent their signature, including but not limited
to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically
scanned and transmitted (for example by PDF document) of a handwritten signature.
ii. Each electronic signature affixed or attached to this Assignment and Consent to
Assignment (1) is deemed equivalent to a valid original handwritten signature of the person signing this
Assignment and Consent to Assignment for all purposes, including but not limited to evidentiary proof in
any administrative or judicial proceeding, and (2) has the same force and effect as the valid original
handwritten signature of that person.
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iii. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
beginning with section 1633.1).
iv. Each Party using a digital signature represents that it has undertaken and satisfied
the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and
agrees that each other Party may rely upon that representation.
v. This Assignment and Consent to Assignment is not conditioned upon the Parties
conducting the transactions under it by electronic means and either Party may sign this Assignment and
Consent to Assignment with an original handwritten signature.
25. No Third-Party Beneficiaries
Notwithstanding anything else to the contrary herein, the Parties acknowledge and agree
that no other person, firm, corporation, or entity shall be deemed an intended third-party beneficiary of
this Agreement.
26. Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed to be an original, and all of which taken together shall constitute one and the same instrument.
27. Public Record
The Parties agree that this Agreement, including its contents, is a publicly disclosable
public record under the California Public Records Act (Government Code Section 6250, et seq.), the
Ralph M. Brown Act (Government Code Section 54950, et seq.), and all other applicable laws pertaining
to disclosure by public entities. County is not limited in any manner whatsoever with respect to public
disclosure of this Agreement, in whole or in part.
[Signature page follows.]
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IN WITNESS WHEREOF , the Parties hereto have caused this Agreement to be executed as of
the day and year first above written .
CONSUL TANT:
RINCON CONSULTANTS , INC.
A California Corporation
By {.~L;/4
Print Name: Richard Daulton
Title : Vice President
COUNTY OF FRESNO:
Steite Brandau , Chairman of the
Board of Supervisors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
By &o.•, ~
Deputy
Page 21 of 21
ACCOUNTING INFORMATION
FUND NO: 0001
SUBCLASS NO: 10000
ORG 2540
ACCOUNTY 7295
EXHIBIT A
Revised Project Description
The County of Fresno is conducting a Review of its 2000 General Plan and has
initiated a comprehensive update to its Zoning Ordinance. The County, with assistance
from previous and current land use consultants including Rincon Consultants, Inc. has
prepared preliminary revisions to the goals, policies, and implementation programs of
the General Plan and published a Public Review Draft Policy Document. The County
has also prepared, with the consultant assistance, an Administrative Draft Zoning
Ordinance.
The County is expanding the current General Plan and Zoning Ordinance Update
process to address recent policy directions provided by the Board of Supervisors, State
planning laws and update the 2000 General Plan Background Report, prepare a
Program Environmental Impact Report (PEIR), and conduct additional public meetings
with the Planning Commission and Board of Supervisors. The General Plan Review will
extend the planning period for the General Plan beyond its current planning horizon of
2020 to 2042. The Background Report will be updated to reflect current conditions
and trends and to address required State planning laws and serve as the existing
setting section of the PEIR. The PEIR will be prepared for the General Plan Update
and Zoning Ordinance Update.
November 15, 2021
October 29, 2021
Rincon Consultants, Inc. Page 1
FRESNO COUNTY
GENERAL PLAN REVIEW, ZONING ORDINANCE UPDATE, AND PEIR
SCOPE OF WORK
Phase 1 General Plan and Zoning Ordinance
Task 1.1 Rincon/County Kick-off Meeting
To ensure the Consultants have all necessary background information and the Consultants, legal counsel, and
County staff have a mutual understanding of the project schedule, and scope, and potential challenges, the
Consultants will facilitate a meeting to transition the project into the next phase of work. This meeting will
include:
•A debrief by County staff on the current state of the General Plan and Zoning Ordinance documents
•An overview of project scope, schedule, and assumptions by the Consultants
•A summary of potential areas of challenge or controversy for the project
•Next steps to be completed
In addition to the overall project kickoff, the Consultants will include a community engagement kick-off
session, either as part of the initial kick-off meeting or as a separate meeting. This portion of the kick-off will
cover the expectations and challenges of community engagement in Fresno County related to the project,
roles and responsibilities for engagement and material creation, and serve as a forum to discuss methods of
increasing attendance at and awareness of workshops.
Assumptions:
•Meeting(s) under this task will be conducted virtually
•County staff will prepare a summary of the current status of the General Plan revisions and Zoning
Ordinance update and expected changes to occur from comments received to date
•County legal counsel will participate in the overall project kick-off meeting.
Deliverables:
•Kick-off meeting presentation (digital format)
•Kick-off meeting agenda (Word or PDF format)
•Kick-off meeting notes (Word or PDF format)
Task 1.2 Existing Document Review
The Consultants will perform a comprehensive review of the existing General Plan and Zoning Ordinance
documents, as well as any other necessary associated memos, background documents, and planning
documents necessary to complete the remaining scope of work. This task will involve a review of changes
made to the document to date and is intended to familiarize the Consultants with the materials to improve
efficiency and depth of knowledge regarding the project and its history.
EXHIBIT B
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 1: Scope of Work
October 29, 2021
Rincon Consultants, Inc. Page 2
In addition, the Consultants will perform a legislative consistency analysis to ensure the draft General Plan
amendments and Zoning Ordinance are consistent with changes to State law enacted since January 1, 2020.
This analysis will be done in the form of a memorandum, and if inconsistencies with State requirements are
found, the memorandum will include recommendations for addressing the inconsistencies, which may include
changes to General Plan or Zoning Ordinance language, or actions that may be completed at a later date to
bring the County planning documents into compliance.
Assumptions:
• The Consultants will review the revised General Plan, updated Zoning Ordinance, and additional
documents as allowed up to the budgeted time.
• County staff will provide all necessary documents and materials for review.
• Legislative requirements for the General Plan enacted prior to 2020 were addressed as part of the
existing draft update. However, if the Consultants note any inconsistencies with legislation enacted
prior to 2020 as a matter of course during the consistency review, the Consultants will note the
inconsistency and discuss approaches with County staff.
Deliverables:
• Legislative Consistency Memorandum
Task 1.3 Revised Draft General Plan and Zoning Ordinance
The General Plan policy document and Zoning Ordinance revisions were posted for public review in July
2021. Following the closure of the public review period, and based on direction from the Board of
Supervisors, the Consultants will revise the draft General Plan and Zoning Ordinance consistent with the
CEQA compliance process (Phase 2). Revisions may include the additions of targeted policies to address any
legislative requirements as identified in Task 1.2, and well as to address comments from State and federal
agencies, such as CalFire and the Department of Conservation, as well as to address recent changes in State
General Plan law. The Consultants assume only targeted revisions will be necessary to accommodate such
required changes. If substantial changes are necessary, the use of contingency funds or a contract amendment
may be required.
The Consultants will submit the revised draft General Plan and Zoning Ordinance to County staff for two
rounds of review and revision.
Assumptions:
• All County staff comments will be submitted to the Consultants in a single, consolidated Word
document using Tracked Changes
• One round of revisions will be completed by the Consultants prior to County review and one round
of revisions will be completed after County review. A final round of review will be done to ensure all
requested edits have been incorporated to the satisfaction of County staff. These changes are
expected to confirm and build on previous changes and shall not require wholesale revision to the
plan or entire sections.
Deliverables:
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 1: Scope of Work
October 29, 2021
Rincon Consultants, Inc. Page 3
• Revised Draft General Plan (Word format)
• Revised Draft Zoning Ordinance (Word format)
Phase 2 Environmental Review
Task 2.1 Administrative Draft Program PEIR
The Consultants have begun preparation of an Administrative Draft Program EIR (ADPEIR) in accordance
with the CEQA Guidelines. Due to changes in the Project Description and the time that has passed since the
Consultants began work on the ADPEIR, revisions will need to be made to incorporate these changes into
the EIR project description, existing conditions, and analysis. Changes in approach will also need to be made
to account for the new impact analysis methodology (switching from a plan-to-plan comparison to a baseline
comparison) and changes in baseline and projected buildout source data (switching from Department of
Finance to Fresno Council of Governments). The EIR analysis will compare General Plan buildout to the
existing environmental baseline, and will use FCOG baseline and projected buildout source data. The
Background Report will be updated as necessary to reflect this revised baseline and buildout methodology, to
ensure consistency with the EIR.
The ADPEIR will be based on the project description approved by County staff. The description of the
environmental and regulatory setting for the General Plan and Zoning Ordinance will be based on the
updated draft Background Report. Each topical section will be introduced with a brief statement of its
context in the ADPEIR and the development of the draft General Plan and Zoning Ordinance. This effort
may include interpretive information for the reader to better understand how the draft General Plan and
Zoning Ordinance affect the environment, as well as the source of data used in each environmental section.
Thresholds of significance may be presented after the introduction and either list the particular CEQA
Guidelines threshold, an existing regulatory standard, or a standard to be adopted by the County.
The setting of the environmental analysis, which will be largely based on the Background Report, will
summarize and reference the relevant technical studies to prepare the groundwork for impact analysis and
recommended mitigation measures. Impacts will be identified and mitigation measures will be prepared to
reduce potentially significant impacts to a less-than-significant level, when feasible. For each potentially
significant impact identified in the ADPEIR, the Consultants will identify mitigation measures or policy
statements proposed by the County as part of the project to avoid or reduce identified impacts. Mitigation
measures will be constructed as policy statements or implementation programs to facilitate incorporation into
the General Plan or regulations in the Zoning Ordinance.
In order to prepare an ADPEIR that meets the needs of the County and the requirements of State law, the
ADPEIR will comprise the following sections:
Introduction. The ADPEIR will contain an introductory chapter that summarizes CEQA
requirements, provides a synopsis of the project description and background for the General Plan
project itself, and identifies the County’s objectives in undertaking the plan. The introduction of the
ADPEIR will describe the purpose of the ADPEIR, identify the scope of issues to be addressed, and
present the organization of the report. This chapter will define the technical terms to be used
throughout the report.
Executive Summary. This section will provide a summary of the ADPEIR and include the
following: a discussion of the project’s objectives; a brief description of the project; a summary of the
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October 29, 2021
Rincon Consultants, Inc. Page 4
environmental setting for the Planning Area; a summary of impacts; a summary of mitigation
measures (mitigating policies and programs); and a discussion of alternatives considered, areas of
controversy, and issues remaining to be resolved.
Project Description and Environmental Setting. The ADPEIR Project Description will contain
the County’s objectives for the draft General Plan and Zoning Ordinance, a summary of goals,
policies, programs, development regulations, boundaries, existing conditions, and proposed land
uses, and existing conditions. The information will be described in text, tabular, and graphic forms
(maps and diagrams). Information from the background report will be used as the project’s
environmental setting.
Analysis, Impacts, and Mitigation Measures. Building on the existing setting information, the
Consultants will develop a set of impact criteria and thresholds that will be used to assess impact
significance. Analysis of impacts to be potentially significant includes four main components:
o Setting (description of current conditions with respect to the issue in question, including
the existing regulatory environment)
o Impact analysis (discussion of potentially significant effects of the proposed project;
impacts are typically compared to established “thresholds of significance”)
o Programmatic mitigation measures (methods by which significant effects can be reduced
or eliminated)
o Level of significance after mitigation (discussion of whether or not proposed mitigation
measures reduce impacts to below the adopted significance threshold)
Alternatives Analysis. Three alternatives will be considered in the ADPEIR. In addition to the
“No-Project” Alternative, two other alternatives that consider differing land use patterns or densities
in areas of the county will be evaluated to reduce potentially significant environmental impacts of the
project. As specified in CEQA, alternatives will be evaluated at a lower level of detail than the
proposed project. This section will also identify the “environmentally superior alternative.” If the “no
project – no building” alternative is determined to be environmentally superior, the ADPEIR will
identify the environmentally superior alternative among the remaining two alternatives.
Cumulative Impacts. The ADPEIR will evaluate cumulative impacts based on planning documents
for the Planning Area and other regional documentation as relevant. Given the size of the region
being considered and the fact that the impacts of General Plan buildout would be inherently
cumulative, this evaluation will be broad and programmatic and will focus on the potential for effects
from growth at the edge of the county to combine with the effects of growth outside the county.
Other CEQA Sections. The Consultants will provide, in addition to the sections discussed above,
all other required CEQA sections (e.g., growth inducement, significant unavoidable impacts).
The EIR will address all issue topics listed in CEQA Guidelines Appendix G. These issues, which will be
analyzed in a programmatic framework, will include:
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 1: Scope of Work
October 29, 2021
Rincon Consultants, Inc. Page 5
Aesthetics. The aesthetic analysis will consider impacts from buildout related to alteration of public
views, changes in visual character, and increased light and glare. The analysis will focus on maintaining
the existing visual character within the county. The analysis will also consider consistency with relevant
County thresholds and documents addressing design and development standards.
Agricultural and Forestry Resources. This section will programmatically evaluate the potential for General
Plan buildout to convert agricultural resources to non-agricultural use, conflict with a Williamson Act
contract, or convert forest land to a non-forest use. The evaluation will utilize existing Farmland Mapping
and Monitoring Program, Williamson Act contract land mapping, and forest/timberland mapping to
determine the potential for conversion of resources due to buildout. If potentially significant impacts to
agricultural or forestry resources are identified, Rincon will identify policy-based avoidance, minimization,
and mitigation measures to avoid or minimize impacts.
Air Quality. This section will be prepared in accordance with San Joaquin Valley Air Pollution Control
District (SJVAPCD) Guidelines. The section will include a summary of applicable State and federal air
pollution regulations and standards and a detailed discussion of the current air quality setting within the
local airshed based on local climatic and air pollution data from local air monitoring stations.
Both temporary construction effects and long-term regional effects will be considered. The analysis will
be qualitative and programmatic, and will evaluate consistency with clean air plans. The EIR analysis will
address the Sierra Club vs. County of Fresno State Supreme Court opinion, identifying the public health
effects of significant air quality impacts where feasible and explaining that quantifying some health
effects, such as those related to ozone formation, is currently infeasible for plan-level analysis. Standard
construction emissions reduction measures will be incorporated for future development in the county.
Biological Resources. The biological resources section of the EIR will programmatically identify and
evaluate potential short- and long-term direct, indirect and cumulative impacts to biological resources
from the General Plan. Rincon will review existing reports and environmental documents, regional
planning documents, databases (CNDDB, CNPS, USFWS IPaC), information from relevant past projects
and agency biologists, and literature. The purpose of the analysis will be to identify potential impacts to
biological resources that could occur from development under the proposed project, and to develop a
suite of measures that would be required to avoid, minimize, and/or mitigate potential impacts. Because
this will be a programmatic-level analysis, no project-level analyses of potential impacts will be conducted,
and no field surveys or site visits will be performed. However, the proposed measures will outline a
project-level process for the analysis and identification of project-specific impacts to biological resources,
and a process for selecting appropriate measures that would be applicable for development of specific
sites, to reduce the need for additional CEQA-level analysis for individual projects.
Cultural and Tribal Cultural Resources. Rincon cultural resource specialists will oversee the preparation
of the cultural and tribal cultural resource analyses. These sections of the EIR will analyze the General
Plan’s potential impact on historical and archaeological resources located within the county. Rincon will
compile a listing of recognized significant historic and prehistoric resources based on readily available
information from the State Office of Historic Preservation website and the current General Plan. This
work scope assumes that a California Historical Resources Information System records search and/or a
field survey of the county will not be necessary. If potentially significant impacts to historical and
archaeological resources are identified, Rincon will identify policy-based avoidance, minimization, and
mitigation measures to avoid or minimize impacts.
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Assembly Bill 52 requires the inclusion of tribal cultural resources in CEQA analyses and consultation
with local Native Americans to identify potential tribal cultural resources. The tribal cultural resources
section of the PEIR will analyze the project’s impact on potential tribal cultural resources based on the
results of AB 52 and SB 18 consultation. Rincon staff will prepare the tribal cultural resources analyses
based on information obtained through the County’s tribal consultation. If potentially significant impacts
to tribal cultural resources are identified, Rincon will develop policy-based mitigation measures to avoid
or reduce impacts to tribal cultural resources based on the results of consultation conducted by the
county.
Under AB 52 (California Government Code Section 21080.3.1 (a)), County of Fresno, as the CEQA lead
agency, is required to begin consultation with California Native American Tribes that are traditionally and
culturally affiliated with the project site prior to the release of a negative declaration, mitigated negative
declaration, or environmental impact report. After receipt of letters, Native American Tribes have 30
days to reply to a request for consultation under AB 52. This task does not include meetings, outreach,
consultation, or the Consultants mailing letters to Tribal governments. The Consultants assume the
County will officially contact all applicable Tribes. Additionally, this assistance does not include Tribal
consultation. The Consultants can assist with these tasks for an additional cost on an hourly basis.
Energy. The assessment of energy consumption will be prepared consistent with the recently updated
State CEQA Guidelines and will be closely coordinated with the Greenhouse Gas Emissions/Climate
Change section of the EIR. To support this analysis, Rincon will:
Identify policies and development standards in the General Plan that would promote energy
conservation (such as energy efficient buildings, and the use of alternative modes of travel);
Review and discuss existing regulations and policies (e.g., California Building Structure Code, Title
21);
Discuss how energy demands in the county could be reduced; and
Identify and discuss policy-based mitigation measures which could be included in the General Plan
to reduce energy consumption and promote energy conservation to the extent feasible.
Geology and Soils. This section will discuss the potential for geologic hazards, including fault rupture,
ground shaking, landslides, liquefaction/slope stability, erosion, and subsidence. It will rely on
information from the Fresno County Multi-Hazard Mitigation Plan and General Plan Health and Safety
Element. Other sources that may be consulted include the California Geologic Survey and the
Department of Conservation, both of which maintain web-based geologic mapping data. In addition,
analysis will include evaluation of the potential of erosion and loss of topsoil from construction of new
development under General Plan buildout.
To address potential impacts to paleontological resources, Rincon will conduct a paleontological
resources assessment to identify the geologic units in the County that may be impacted by future
development, determine the paleontological sensitivity of geologic unit(s), assess potential for impacts to
paleontological resources from future development, and recommend mitigation measures to avoid or
mitigate potential impacts to scientifically significant paleontological resources. Given the size of the
County, the assessment will focus primarily on the geologic units that are most prevalent in the County.
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Minor or rarely occurring geologic units will not be the focus of the assessment. The paleontological
resource assessment will consist of an online database search, review of existing geologic maps, and a
review of primary literature regarding fossiliferous geologic units within the County. Rincon assumes that
no field survey will be required.
Greenhouse Gas Emissions. The Greenhouse Gas Emissions/Climate Change section of the EIR will
include an overview of the current regulatory framework regarding GHGs and climate change, including
SB 32, SB 97, SB 375, and applicable Executive Orders, a discussion of the potential environmental
effects of GHGs and climate change, and a discussion of applicable regional GHG emissions thresholds.
The analysis of GHGs will rely on traffic modeling data provided by GHD (see Transportation/Traffic
section described below) to estimate GHG emissions using the EMFAC 2014 model and will use the
CalEEMod land use emissions forecast tool to estimate non-mobile emissions associated with growth
accommodated by the General Plan. Rincon will describe any applicable emissions-reducing components
of the General Plan and will compare forecast GHG emissions to applicable GHG guidelines for plan-
level documents, including the General Plan policy framework, to applicable statewide emissions goals
and policies. If required, Rincon will identify additional feasible policies and/or implementation measures
to meet State and local emission reduction targets.
Hazards and Hazardous Materials. This section will discuss the potential for impacts relating to
hazardous materials transport, storage, and use, as well as hazards involving airports. The analysis will rely
on data collected in support of the General Plan’s Safety Element and other readily available information
sources, including online hazardous material databases, cleanup records, the Regional Water Quality
Control Board concerning past contaminant spills and/or cleanup activities within the county, and other
environmental documents prepared for projects in the county. The hazardous materials analysis will
involve qualitative discussions of the possibility that new development will either create the potential for
hazardous conditions or be adversely affected by existing hazards. If required, Rincon will identify
mitigation measures in the form of new hazard protection policies that can be incorporated into the
General Plan. This scope of work does not include preparing a Phase I or Phase II Environmental Site
Assessment.
Hydrology and Water Quality. This section will evaluate potential impacts relating to hydrological
conditions and flooding as well as potential impacts to surface and groundwater quality. The existing
hydrology, drainage, and flooding conditions in the county will be described generally and potential
impacts relating to new development will be discussed conceptually. Information sources will include
data collected in support of the Safety Element and Conservation Element as well as readily available data
from such agencies as the Regional Water Quality Control Board.
The hydrology/water quality section of the EIR will address temporary hydrological changes during
construction and long-term changes in hydrology/drainage due to the operation of uses within the
County. The analysis will be qualitative, relying both on proposed General Plan policies and existing
regulations (in particular, the National Pollutant Discharge Elimination System [NPDES] and related
State and County requirements) to address potential impacts. As appropriate, additional policies to
address hydrological or water quality impacts will be recommended as EIR mitigation.
Land Use and Planning. Rincon will prepare an objective discussion of whether and how the proposed
General Plan is consistent with both existing county policy documents and regional planning policies,
including those of the local air quality plan and the Fresno Council of Governments Regional
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Transportation Plan and Sustainable Communities Strategy. This work scope anticipates that proposed
policies will generally be consistent with those of other adopted policy documents. However, as
appropriate, Rincon may recommend new or revised policies to address identified inconsistencies.
Noise. The noise analysis will programmatically examine temporary construction noise, traffic noise
impacts to new receptors, and long-term operational noise.
Temporary construction noise will be assessed in a conceptual manner based on noise levels reported in
the USEPA document Noise from Construction Equipment and Operations, standard noise attenuation
rates, and proximity of existing development to areas where new construction activity could be likely to
occur under the General Plan.
Long-term noise increases would occur primarily due to increased traffic on the area roadway system.
Rincon will estimate future traffic noise based on the noise contour maps developed as part of the
General Plan and data from the traffic analysis. The analysis will rely on available data from the General
Plan to streamline the analytical effort. This work scope assumes that field noise measurements will not
be required.
Using the existing and future traffic data from the traffic analysis prepared by GHD, Rincon will perform
noise modeling using the Federal Highway Administration’s Traffic Noise Model and prepare updated
noise contours for existing and buildout conditions. The analysis will focus on street segments anticipated
to experience substantial traffic increases and that are adjacent to sensitive noise receptors. Up to 12 road
segments will be evaluated.
Noise from rail lines and airports will also be discussed. Information from these sources will come from
background data collected in support of the proposed General Plan Noise Element.
As appropriate, Rincon will identify amendments to the proposed Noise Element policies or additional
Noise Element policies to address any identified significant noise impacts.
Population and Housing. It is not anticipated that the proposed project would displace people or
housing. Therefore, this section will focus on a comparison of existing baseline population and housing
to regional growth forecasts for the area to determine the potential for the General Plan to induce
substantial unplanned growth.
Public Services and Recreation. This section will address potential impacts relating to police protection
and fire protection services, schools, and parks and recreational facilities. This section will use existing
information and information from service providers to determine service levels and existing and
projected gaps in service that may result from buildout of the General Plan . The determination of
impacts will focus primarily on whether gaps in service would require the construction of new or
expanded facilities, which in themselves would have physical environmental impacts.
The recreational analysis will evaluate potential impacts to county parks and recreational facilities. It is
not anticipated that existing parks would be directly affected by potential new development; therefore,
the analysis will focus on potential indirect effects related to increased demand for parks and recreational
facilities. Demand will be forecast based on projected population growth and county estimates of per
capita park demand. This analysis will rely on existing county data, planned improvements identified in
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the General Plan, and policies in the Conservation and Open Space Elements. As necessary, proposed
policies will be augmented with additional policies to be incorporated into the General Plan.
Transportation and Traffic. GHD will prepare a transportation and circulation assessment for the project
as a subconsultant to Rincon. The transportation and circulation assessment, which will be used to
inform and populate the transportation section of the EIR, will evaluate the following topics:
• Travel changes measured by VMT
• Roadway segment level of service relative to Congestion Management Program standards
• Air traffic levels and safety
• Hazards due to design features or incompatible uses
• Emergency access
• Conflicts with adopted policies, plans, or programs supporting alternative transportation,
including transit service, bicycle travel, and pedestrian travel
Utilities and Service Systems. This section will discuss potential impacts to water supply and service
systems, wastewater conveyance and treatment systems, and solid waste collection and disposal systems.
The evaluations of service systems will involve contact with the service providers. Other information
sources will include data on water, wastewater, and solid waste systems collected in support of the
proposed General Plan.
While it is not anticipated that a formal Water Supply Assessment would be required for the General Plan
process, the EIR will estimate and compare existing and projected future water supply associated with
General Plan implementation to the capacities of existing and planned resources and facilities. Water
supply information will be based on existing readily available information sources, such as Urban Water
Management Plans or basin plans.
The analysis will rely on proposed General Plan policies and existing regulations and related county
requirements to address potential impacts. If necessary, additional or revised policies to address utilities
and service system impacts will be recommended as EIR mitigation.
Wildfire. This section will discuss the project’s potential impacts related to wildfire risk, including the
impact to emergency plans, exposure to wildfire risk, impacts of required infrastructure improvements,
and exposure to other hazards associated with wildfire, using information from the California
Department of Forestry and Fire Protection, the County’s Multi-Hazard Mitigation Plan, and the Health
and Safety Element of the General Plan.
Task 2.2 Draft Program EIR
Following one round of internal County staff comments on the ADPEIR, the Consultants will incorporate
appropriate revisions to the ADPEIR and prepare a Screencheck Draft PEIR for one round of final internal
and legal counsel review. The Consultants will prepare the Public Review Draft PEIR (DPEIR) for public
circulation. The County will be responsible for submission of the DPEIR to the State Clearinghouse and
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circulation to responsible agencies, and interested agencies, organizations, and persons. The DPEIR will be
circulated for at least a 60-day public review period as per State legal requirements. The Consultants assume
the County will be responsible for sending the DPEIR to the County Clerk and for all necessary noticing.
Task 2.3 Response to Comments
The Consultants will prepare draft Responses to Comments. The Consultants assume a total of 200 hours for
preparation of the Responses to Comments. Additional time required due to a substantial number of
comment letters, or comments that require significant coordination, will require additional funds beyond the
proposed budget. As part of preparing the responses, the Consultants will conduct two internal County staff
meetings of up to four hours in length, or four meetings of two hours each, to discuss comment responses. If
additional time is required to discuss comment responses, further meetings can be scheduled and billed on a
time and materials basis. Following receipt of consolidated internal comments on the draft responses, the
Consultants will prepare the final Responses to Comments. The Consultants will conduct up to three two
rounds of review and revisions to the Responses to Comments.
Task 2.4 Mitigation, Monitoring, and Reporting Program
Concurrent with the Responses to Comments report, the Consultants will prepare a Mitigation Monitoring
and Reporting Plan (MMRP), which will be included in the Final PEIR. The Consultants will conduct three
two rounds of review and revision to the MMRP per consolidated comments from County staff.
Assumptions:
• For all deliverables, all County staff comments will be submitted to the Consultants in a single,
consolidated Word document using Tracked Changes
• The County will submit all necessary documents and noticing to the County Clerk and State
Clearinghouse
• The County will be responsible for securing venues for all in-person engagement and meeting
activities, unless otherwise agreed and recorded by the Consultants
• County staff will be the point of contact for all comments received from the public
• The Consultants will have access to and coordinate with County legal counsel through the County
project contact
• The Consultants will have the ADPEIR reviewed by their internal legal counsel
• The Consultants anticipate 200 hours to prepare Responses to Comments
• All deliverables of the EIR document (e.g., administrative draft, final, etc.) will be provided in
English only
Deliverables:
• Administrative Draft PEIR (Word format)
• Screencheck ADPEIR (Word format)
• Revised ADPEIR (10 print and 10 USB format)
• Responses to Comments (Word format)
• Revised Responses to Comments (Word format)
• Mitigation, Monitoring, and Reporting Program (Word format)
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• Revised MMRP (Word format)
Phase 3 Final Documents and Adoption
Task 3.1 Final PEIR
The Consultants will prepare the Final PEIR after receipt of all written comments received during the review
period. The Final PEIR will consist of the comments, responses, and corrections to the Draft PEIR, if any
are warranted. The Consultants will prepare a screencheck Final PEIR and draft Notice of Determination
(NOD) for internal County staff review and confirmation. County staff will provide a single set of
consolidated comments to the Consultants, who will revise the Final PEIR and format the document for
certification.
The Consultants will prepare CEQA Findings, including any statement of overriding consideration for
unavoidable significant impacts (if necessary). The draft findings would comply with Section 15091 and 15093
of the CEQA Guidelines and will be submitted in the County’s preferred format.
Within five business days of PEIR certification and project approval, the County will submit the final NOD,
as prepared and provided by the Consultants, to the County Clerk and/or State Clearinghouse. The
Consultants assume the County will be responsible for payment of any required fees, including California
Department of Fish and Wildlife fees.
Task 3.2 Screencheck and Final General Plan and Zoning Ordinance
Based on the results of the CEQA analysis, the Consultants will make final revisions to the draft General Plan
and draft Zoning Ordinance and prepare the final screencheck General Plan and final screencheck Zoning
Ordinance. The Consultants will submit the final screencheck documents to County staff for one round of
review. The Consultants assume this review will not include any substantive comments or changes. Based on
consolidated County staff comments, the Consultants will prepare the final General Plan and final Zoning
Ordinance for adoption.
Assumptions:
• All County staff comments will be submitted to the Consultants in a single, consolidated Word
document using Tracked Changes
• One round of revisions will be completed by the Consultants prior to County review and one round
of revisions will be completed after County review.
• County staff will provide a preferred example for the CEQA Findings and Statement of Overriding
Considerations
Deliverables:
• Screencheck Draft General Plan (Word and PDF format)
• Screencheck Draft Zoning Ordinance (Word and PDF format)
• Final General Plan and Background Report (Word and PDF format)
• Final Zoning Ordinance (Word and PDF format)
• Final PEIR (Word format)
• Revised Final PEIR (10 print and 10 USB format)
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• Draft Notice of Determination (Word format)
• Notice of Determination (Word format)
Phase 4 Community Engagement and Meetings
Task 4.1 Project Coordination
To ensure the project is completed on time and on budget, the Consultants will hold project coordination
calls with County staff on a bi-weekly basis. These calls will be 30 minutes in length and will include the
Consultant project manager each week, with additional staff included as needed. Additional time has been
included for weekly coordination meetings and/or extended calls during key points in the project process,
such as during document reviews, preparation of Responses to Comments on the PEIR, and planning for
community engagement activities.
The Consultants will conduct weekly internal project reviews, and provide written project updates on a
monthly basis, sent with each invoice to the County. This update will be in memo format with a breakdown
of work completed under each task, progress made toward task completion, and total budget spent and
remaining under each task.
Task 4.2 Community Engagement
The Consultants will facilitate a community workshop series designed to collect meaningful public feedback
on the revised Public Draft General Plan. This community engagement will include up to five (5) locations on
five (5) separate evenings or weekends. Each workshop will be facilitated by the Consultants and County
staff. The Consultants assume the workshops will be held over the course of a two-week period. If found to
be favorable for attendance, one or more of the workshops may be conducted virtually or in pop-up format
at an existing event location. Following the conclusion of all five workshops, the Consultants will provide a
summary of the workshop results and utilize the summary when revising the General Plan as part of Task 1.1.
The Consultants will provide one promotional flyer design in postcard mailer or 8.5 x 11 format, one social
media graphic, and language for up to eight social media pushes to facilitate attendance at the workshops. The
consultants will coordinate printing of promotional materials, and the County will be responsible for any
mailing or distribution. The Consultants understand the County has in-house marketing staff who may be
able to assist with the above tasks. The Consultants will coordinate with staff on the information needed. .
The workshops will include an informational component, featuring large-format informational displays on the
General Plan developed by the Consultants, and a PowerPoint presentation to welcome workshop attendees,
describe the General Plan Update, and answer questions on the process. Written materials will be provided in
English. This scope of work assumes that translation of materials, or any in-person translation, will be
provided by County staff resources. An interactive open house component will be provided featuring
activities designed to gather public feedback.
The Consultants assume two members of the Consultant team will attend each workshop.
Task 4.3 Disadvantaged Community Engagement
The Consultants will assist the County staff to facilitate engagement with residents of disadvantaged
communities to get feedback on the Draft Environmental Justice goals, policies, and programs. We will work
with the County staff to organize and facilitate up to two community workshops to present the
Environmental Justice goals, policies, and programs; discuss the County’s overall planning efforts; and
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identify ways residents can more effectively participate in the planning process. The County will work with
community groups as necessary to coordinate the workshops. Written materials will be provided in English.
This scope of work assumes that any additional translation of materials, or any in-person translation, will be
provided by County staff resources. The Consultants will provide a summary of the workshop results and
utilize the summary when revising the Environmental Justice Element as part of Task 1.1.
The Consultants will provide one promotional flyer design in postcard mailer or 8.5 x 11 format, one social
media graphic, and language for up to six social media pushes to facilitate attendance at the workshops. The
consultants will coordinate printing of promotional materials, and the County will be responsible for any
mailing or distribution. The Consultants understand the County has in-house marketing staff who may be
able to assist with the above tasks. The Consultants will coordinate with staff on the information needed.
The Consultants assume two members of the Consultant team will attend each workshop.
Task 4.4 Planning Commission Public Hearings (3)
The Consultants will attend and participate in up to three (3) Planning Commission hearings to solicit
comments and recommendations on the draft General Plan and Zoning Ordinance and certification of the
PEIR. The Consultants will draft the staff reports for each hearing and provide support at the Planning
Commission hearings by being available to answer questions about proposed provisions and discuss possible
changes for consideration by the Board of Supervisors. The Consultants assume County staff will support the
Consultants on answering questions specific to project occurrences prior to the start date of the most recently
executed contract. The Consultants will work with the County staff to prepare a list of Planning Commission
comments and recommendations to present to the Board of Supervisors.
The Consultants assume one round of revisions for each staff report, and that two Consultant team members
will attend each of the Planning Commission hearings.
Task 4.5 Board of Supervisors Public Hearings (3)
The Consultants will attend and participate in up to three (3) Board of Supervisors hearings to review
Planning Commission comments and recommendations; solicit final comments and recommendations; certify
the PEIR, and adopt the General Plan and Zoning Ordinance. The Consultants will draft the staff reports for
each hearing and provide support at the Board of Supervisors hearings by being available to answer questions
about proposed provisions and discuss possible changes. The Consultants assume County staff will support
the Consultants on answering questions specific to project occurrences prior to the start date of the most
recently executed contract. The Consultants will work with County staff to prepare revised language based on
the Board of Supervisors comments and recommendations for consideration at later hearings as needed.
The Consultants assume one round of revisions for each staff report, and that two Consultant team members
will attend each of the Board of Supervisors hearings.
Assumptions:
• Mailing or distribution of promotional materials will be handled by County staff
• Social media posting and email notification for engagement will be handled by County staff
• Up to five (5) total posters will be created for the Community Workshops
• Posters will be reused for each Community Workshop
• Up to three (3) total posters will be created for the Disadvantaged Community Workshops
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• County staff will provide written translation of materials into other desired languages
• In-person translation will be provided by County staff
• At least two members of the Consultant team will attend each workshop
• County staff will arrange venues and assist facilitating each workshop
Deliverables:
• Monthly project update memos (Word format)
• Up to two (2) 3.5 x 5 or 8.5 x 11 promotional flyer designs (digital format)
• Up to two (2) social media promotional designs (digital format)
• Language for up to fourteen (14) social media pushes (Word format)
• Up to eight (8) poster designs (digital format)
• Sign-up sheets for each in-person event (digital format)
• One Community Workshop presentation (digital format)
• One Disadvantaged Community Workshop presentation (digital format)
• One set of consolidated Community Workshop summary notes (Word format)
• One set of consolidated Disadvantaged Community Workshop summary notes (Word format)
• Up to six (6) public hearing presentations (digital format)
Cost Estimate
Principal II Principal ISupervisor ISenior Professional IProfessional IVProfessional IITechnical EditorProduction SpecialistSenior GIS SpecialistClericalTasks Labor Cost Direct
Expense Hours $270 $250 $215 $179 $164 $135 $120 $98 $155 $85
Phase 1: General Plan and Zoning Ordinance
Task 1.1 Rincon/County Kick-off Meeting $4,452 24 2 4 2 6 2 8
Task 1.2 Existing Document Review $8,202 50 4 4 10 8 24
Task 1.3 Revised Draft General Plan and Zoning Ordinance $24,280 136 16 40 80
Task Subtotal $36,934 210 2 24 6 56 90 32
Phase 2: Environmental Review
Task 2.1 Administrative Draft Program EIR $5,232 42 1 1 8 16 16
Executive Summary $1,638 10 2 2 6
Introduction $3,248 19 1 6 2 10
Project Description and Environmental Setting $5,038 31 1 2 4 2 18 4
Analysis, Impacts, and Mitigation Measures
Aesthetics $2,725 18 1 2 14 1
Agricultural and Forestry Resources $2,750 18 4 14
Air Quality $3,806 24 2 2 4 16
Biological Resources (No Field Surveys)$4,896 30 2 4 4 14 6
Cultural Resources (No Field Surveys)$4,786 29 1 8 4 16
Energy $2,030 13 1 2 10
Geology and Soils $2,400 15 1 3 10 1
Greenhouse Gas Emissions $5,492 34 2 4 8 20
Hazards and Hazardous Materials $2,300 15 1 2 12
Hydrology and Water Quality $5,683 36 1 2 12 20 1
Land Use and Planning $5,356 31 1 4 24 2
Mineral Resources $1,490 9 1 2 6
Noise $3,424 19 1 16 2
Population and Housing $2,300 15 1 2 12
Public Services $1,490 9 1 2 6
Recreation $1,490 9 1 2 6
Transportation and Traffic $2,010 $36,800 12 2 2 8
Tribal Resources $5,850 33 1 16 16
Utilities and Service Systems $3,630 21 1 8 10 2
Wildfire $2,460 1 4 10
Other CEQA Required Sections and Discussions $3,160 19 1 6 12
Alternatives (3)$11,700 66 2 8 16 24 16
Task 2.2 Draft Program EIR $29,820 $4,253 188 4 12 24 12 32 68 8 8 8 12
Task 2.3 Response to Comments $38,086 236 6 10 24 26 50 114 4 2
Task 2.4 Mitigation Monitoring and Reporting Program $14,678 90 4 12 12 20 42
Task Subtotal $178,968 $41,053 1091 14 64 167 106 132 514 24 12 43 30
Phase 3: Final Documents and Adoption
Task 3.1 Final PEIR $10,026 $4,253 60 4 6 10 36 2 2
Findings and Statement of Overriding Considerations $11,154 64 4 4 16 6 32 2
Task 3.2 Screencheck and Final GP and ZO $29,448 168 8 8 68 80 2 2
Task Subtotal $50,628 $4,253 292 8 18 34 74 80 68 6 4
Phase 4: Community Engagement and Meetings
Task 4.1 Project Coordination $61,500 318 18 40 80 100 60 20
Task 4.2 Community Engagement (5)$50,520 $5,261 294 12 104 146 32
Task 4.3 Disadvantaged Community Engagement (2)$29,816 $2,761 172 6 8 60 74 24
Task 4.4 Planning Commission Public Hearings (3) (includes Staff Reports)$38,472 $790 204 60 88 48 8
Task 4.5 Board of Supervisors Public Hearings (3) (includes Staff Reports)$38,472 $790 204 60 88 48 8
Task Subtotal $218,780 $9,602 1192 18 88 440 280 96 72 20
SUBTOTAL COST 485,310$ 54,908$ 2785 42 284 295 676 582 710 30 16 115 50
Direct Cost Detail
Vehicle Costs 1,170$
Photocopies Double-Sided BW 8,000$
Colored Copies Double-Sided or 11x17 238$
Per Diem, Workshop Materials 8,300$
USB Flash Drive 400$
GHD 36,800$
Subtotal Additional Costs:54,908$
Summary
Professional Fees Subtotal $485,310
Direct Costs Subtotal $54,908
TOTAL PROJECT BUDGET 540,218$
Services Completed, Still to be Billed 86,840$
Contingency $50,000
TOTAL WITH CONTINGENCY 677,058$
Professional Services - are based on Rincon's standard
fee schedule and labor classifications. The above is
provided as an estimate of Rincon's effort per task. Rincon
may reallocate budget between staff and tasks, as long as
the total contract price is not exceeded.
RINCON CONSULTANTS, INC.
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR
Rincon Labor Classification
EXHIBIT C
Deliverable 1
Services Completed to be Billed 86,840.00$
Phase 1: General Plan and Zoning Ordinance (Tasks 1.1 through 1.3)36,934.00$
Total 123,774.00$
Deliverable 2
Phase 2: Environmental Review (Task 2.1)133,184.00$
Total 133,184.00$
Deliverable 3
Phase 2: Environmental Review (Tasks 2.2 through 2.4)86,837.00$
Total 86,837.00$
Deliverable 4
Phase 4: Community Engagement and Meetings (Tasks 4.1 through 4.3)149,858.00$
Total 149,858.00$
Deliverable 5
Phase 3: Final Documents and Adoption (Task 3.1, Findings, Task 3.2)54,881.00$
Total 54,881.00$
Deliverable 6
Phase 4: Community Engagement and Meetings (Tasks 4.4 and 4.5)78,524.00$
Total 78,524.00$
Contingency 50,000.00$
Total 50,000.00$
Total Basic Fee:627,058.00$
Total Basic and Contingency Fee:677,058.00$
EXHIBIT D
EXHIBIT E
EXTRA SERVICES
Extra Services shall be limited to those services reasonably necessary to complete the
project work that County and Consultant mutually agree were not anticipated during the
preparation of the work program proposal, when a request to perform such services was
submitted by the Consultant and approved in writing by the Director or his designee
prior to their performance.
In addition to the services addressed above, the Consultant shall have a legitimate
basis pursuant to the provisions of the Consultant Agreement to request either
authorization to provide Extra Services or a revision to the Work Program, Cost
Estimate, and Work Schedule of the Agreement if any of the following occur:
1. County makes material modifications to the project subsequent to the approval of
the Agreement, which necessitate making substantial and material changes in
the project analysis, text tables, maps or figures.
2. Modifications are required to the Work Program due to comments received in
response to the Notice of Preparation of the Draft EIR or public review of the
project documents.
3. Technical, engineering, design, or other studies not specified in the Work
Program are required for project analysis, mitigation measures or programs, the
Mitigation Monitoring and Reporting Program, responses to comments on the
Draft EIR, or other purposes.
4. In the event the project and/or the EIR is subject to litigation, additional work
associated with the litigation is required such as reviewing or responding to
briefs, giving depositions and appearing in court.
The total sum of compensation for Extra Services shall be limited to the amount
deemed sufficient by the Director or his designee following discussion of the proposed
scope of additional work with the Consultant which shall include representations made
by the Consultant as to the reasonably-expected amount of time that will be required to
fully perform all Extra Services discussed in said meetings(s) or telephone conferences.
EXHIBIT F
CONFLICT OF INTEREST CODE OF THE DEPARTMENT OF PUBLIC
WORKS AND PLANNING
Exhibit “E” is a copy of Resolution #99-086 adopted by the Board of Supervisors
on February 23, 1999 that references California Code of Regulations Section
18730. Consultants are listed on Exhibit A of the Resolution with the following
note:
* Consultants shall be included in the list of designated employees and shall
disclose pursuant to the broadest disclosure category in the code subject to the
following limitation: The Director of Public Works and Planning may determine in
writing that a particular consultant, although a “designated position”, is hired to
perform a range of duties that is limited in scope and thus is not fully required to
comply with the disclosure requirements of this section. Such written
determination shall include a description of the consultant’s duties and, based on
that description, a statement of the extent of disclosure requirements. The
Director of Public Works and Planning’s determination is a public record and
shall be retained for public inspection in the same manner and location as this
Conflict of Interest Code.
In order to conduct business with the County of Fresno (hereinafter referred to as “County”),
members of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1)Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2)Enter the board member’s company/agency name and address.
(3)Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a.The name of the agency/company with which the corporation has the transaction; and
b.The nature of the material financial interest in the Corporation’s transaction that the
board member has.
(4)Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5)Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
EXHIBIT G
SELF-DEALING TRANSACTION DISCLOSURE FORM
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3)Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
(5) Authorized Signature
Signature: Date:
Richard Daulton November 5, 2021
Vice President
Rincon Consultants, Inc.
7080 N Whitney Ave. #101
Fresno, CA 93720
No Rincon Consultants, Inc. board member is a party to any self-dealing transactions.
N/A
November 5, 2021