HomeMy WebLinkAboutEIR 8632 - Consultant Agreement with Crawford Bowen Planning Inc.pdf I CONSULTANT AGREEMENT
2 Crawford & Bowen Planning, Inc. 1-10
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3 This Consultant Agreement ("Agreement") is dated . t AK
4 ("Effective Date") and is between Crawford & Bowen Planning, Inc. a California Corporation
5 ("Consultant"), and the County of Fresno, a political subdivision of the State of California
6 ("County"). Consultant has been selected to prepare an Environmental Impact Report ("EIR")
7 for County for a proposal by RH Hess Development ("Applicant"). County and Consultant may
8 be referred to individually as a "Party," or collectively as"Parties," in this Agreement. Applicant
9 is not a party to this Agreement.
10 RECITALS
11 A. Consultant understands the Applicant has filed with the County Amendment Application
12 No. 3875, and have elected to request the preparation of an EIR No. 8632 to meet the
13 requirements of the California Environmental Quality Act (California Public Resources Code,
14 Division 13, section 21000 et seq.), including the implementing CEQA Guidelines thereunder
15 (Title 14, Division 6, Chapter 3, California Code of Regulations, section 15000 et seq.)
16 (collectively, the California Environmental Quality Act, including such CEQA Guidelines
17 thereunder are "CEQA") for the project commonly known as the "Minnewawa Industrial
18 Development" ("Project").
19 B. The Project proposes to rezone the approximately 19.7-acre site to the M-3 Heavy
20 Industrial Zone district to allow for the development of a new approximately 389,013 square foot
21 industrial facility. The facility is anticipated to be a single or multi-tenant shell building that can
22 accommodate a wide array of industrial users.At full development, the Project proposes a total
23 of 481 parking spaces across standard, accessible, and EV charging stalls. It is anticipated that
24 10% (approximately 38,000 square feet) of the total building square footage area will be
25 designated for future office space for tenant(s). Multiple docking bays are proposed for the
26 purpose of loading and unloading product. A copy of the Project Description is attached hereto
27 as Exhibit A and a copy of the approved Work Program is attached hereto as Exhibit B, and
28 both are incorporated herein by this reference.
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1 C. Consultant understands that in order to prepare a legally adequate EIR, the Applicant
2 has selected the Consultant to contract directly with the County for preparation of an EIR on
3 behalf of the County and that CEQA requires that the EIR prepared for the Project reflect the
4 independent judgment of the lead agency as required by the County and by law, the Director of
5 the Fresno County Department of Public Works and Planning ("Director") as the director is
6 responsible for the environmental documents prepared for the Project.
7 D. Consultant understands that it must meet the requirements for an interdisciplinary
8 approach in the preparation of the EIR, as are specified in Article 14 of the CEQA Guidelines
9 (Section 15120— 15132), and that Consultant must have no interest, financial or otherwise, in
10 the outcome of the proposed Project or any related projects,the Consultant is not in the employ
11 or under contract with the Applicant.
12 E. Consultant represents that it is qualified, able, and willing to prepare a legally adequate
13 EIR and to otherwise deliver the necessary environmental consulting services required by
14 County for the Project, which representation County specifically relies upon.
15 AGREEMENT
16 In consideration of the covenants and conditions set forth herein, the Parties agree as
17 follows:
18 1 OBLIGATIONS OF CONSULTANT
19 A. Scope of Services. Consultant shall perform all the services provided in Exhibit
20 C to this Agreement, titled "Scope of Services."
21 B. Representation. Consultant represents that it is qualified, ready, willing, and
22 able to perform all the services provided in this Agreement.
23 C. Compliance with Laws. Consultant shall, at its own cost, comply with all
24 applicable federal, state,and local laws and regulations in the performance of its
25 obligations under this Agreement, including but not limited to workers
26 compensation, labor, and confidentiality laws and regulations.
27 D. Communications.All discussions between Applicant and Consultant regarding
28 the Project shall only occur with the County official's involvement. The relevant
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County staff working on behalf of the project shall be included in all forms of
2 routine correspondence and telecommunications related to Contract
3 performance and all related issues. Such forms of communications are including
4 but not |irnihad to written, 0e|aphonm, arnai| cumospondenoe, and in-person
5 meetings. To ensure consistent records all ernoi|a and all written
b correspondence must consistently include in the exact project name and
7 number, ^K8innevvavvo Industrial Dave|opmnentBR No. 8O32^. within the subject
8 line.
9 2. OBLIGATIONS OF COUNTY
10 A. Public Meetings. County shall make arrangements for meetings with public
11 oQonuiaa and the public if County requests to conduct such meetings unless
12 specific services are provided for within the work program in Exhibit B.
13 B. Availability of Information. County shall make available to Consultant
14 docurnen[o, studies, and other infonnotion, not otherwise confidential or
15 privi|eged, in its possession na|etad to the Project. County shall review
16 Consultant work and provide comments 0o Consultant aa necessary toensure
17 the environmental nanond io complete and accurate.
18 C. Public Notices. County aheU mail required nqboee to public agencies and
19 interest groups. Applicant will be responsible for all postage, shipping. and
20 courier costs with respect bzthe delivery and return of physical mail related to
21 this Agreement and the County/Applicant Agreement.
22 D. Deadlines. The deadlines for performance by County or its officers and
23 employees set forth in this Agreement are directory only, and the failure of
24 County to meet such deadlines shall not bea breach of this Agreement.
25 3. COMPENSATION
26 A. Maximum Compensation. County agrees to pay. and Consultant agrees to
27 receive, compensation for the performance of its services under this Agreement
28 in an amount not to exceed Seventy-Five Thousand Three Hundred OoUane
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($75300 ("Total Fee") as described in Exhibit D to this Agreement, titled
2 "Compensation." Except as otherwise provided inExhibit E to this Agreement,
3 titled "Extra Services," Consultant ahmU not be entitled to compensation
4 exceeding the Total Fee.
5 B. Limitations on County. Consultant acknowledges that County is a local
b government entity and does so with notice that County's powers are limited by
7 the California Constitution and bw State law, and with notice that Consultant may
8 receive compensation under this A0ngernont only for services performed
9 according to the terms ofthis Agreement and while this Agreement is in effect,
10 and subject tothe rnaoinlunl amount payable under this section. Consultant
11 further acknowledges that County annp|0yema have no authority to commit to
12 additional payments or authorize payments to Consultant except aaexpressly
13 provided in this Agreement as defined in Exhibit E to this Agreement,titled"Extra
14 Services."
15 C. UmvmXoem' County and Consultant agree to aUmm the preparation of the BR
18 Contract De|iwsnsb|os to occur in four (4) increments of deliverables (Contract
17 Deliverables Athrough C), as described in Exhibit [) tm this Agreement, titled
18 "Compensation",with Applicant providing payment in advance for each Contract
18 Deliverable increment before County may authorize hz commence work Onsaid
20 inouannenL Invoices for payment for Contract Deliverables; shall be submitted
21 only after the work identified for that Contract Deliverable increments has been
32 completed to the satisfaction Cf County. All Tasks shall be completed according
23 to Exhibit B to this agreement, titled "Work Program." Upon completion of
24 Contract Deliverable and delivery to County, Consultant may submit an invoice
25 with documentation that the Tasks have been fully completed for that Contract
28 Deliverable. County shall then reviexv, oppmuve, and submit the invoice 0othe
27 County Auditor- Controller/Treasurer-Tax Collector for payment, or rejectthe
28 claim and return the Claim to the Consultant identifying the work that has not
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I been accepted as completed.If a project is delayed for more than sixty(60)days,
2 based on no fault of the Consultant, The County may, at their discretion of the
3 Director, accept an invoice from the Consultant for a payment of a portion of a
4 Contract Deliverable that has been completed.
5 D. Payment. Payment shall be issued to Consultant after the receipt thereof by
6 County Auditor-Controller/Treasurer Tax Collector within sixty (60) calendar
7 days after the receipt.
8 E. Incidental Expenses. Consultant is solely responsible for all its costs and
9 expenses that are not specified as payable by the County under this Agreement,
10 whether anticipated or those that may materialize.
11 4. INDEMNITY AND INSURANCE
12 A. Duty to Indemnify. Consultant agrees to indemnify, save, hold harmless, and
13 at County's request, defend the County, its officers, agents, and employees from
14 any and all costs and expenses, damages, liabilities, claims, and losses
15 occurring or resulting to County in connection with the performance, or failure to
16 perform, by Consultant, its officers, agents, or employees under this Agreement,
17 and from any and all costs and expenses,damages, liabilities, claims,and losses
18 occurring or resulting to any person, firm, or corporation who may be injured or
19 damaged by the performance, or failure to perform, of Consultant, its officers,
20 agents, or employees under this Agreement.
21 B. Insurance Requirements. Consultant shall comply with all the insurance
22 requirements in Exhibit G to this Agreement, titled "Insurance Requirements."
23 C. Survival. The terms of this Section 4 shall survive the termination of this
24 Agreement.
25 6. BREACH AND TERMINATION
26 A. Termination by County. This Agreement may be immediately terminated by
27 County upon written notice to Consultant if Consultant fails to comply with any
28 or all the terms of this Agreement or Applicant requests that County discontinues
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1 processing the project. In no event shall any payment by County constitute
2 waiver bv County mf any breach of this Agreement mr any default which may then
3 exist on the part of Consultant. County's termination of this Agreement due to
4 Consultant's bm*ooh ohoU not limit the rights of County to seek other relief,
5 including the recovery mfdamages.
6 B. Effect of Termination' If this Agreement is terminated as provided in this
7 section, Consultant shall be compensated for satisfactorily performed services
D oonnp|a{ed to the date of termination based upon the compensation rates set
R forth in Exhibit B' Work ProQram, and subject b]the total mum agreed to herein,
10 together with such additional services satisfactorily performed by Consultant
11 after termination which are authorized by County to complete the work performed
12 10 the date oftermination.
13 8' WORK PRODUCT
14 A. County Control mfWork Product.All reports,studies,data,or other information
15 prepared or assembled by Consultant under this Agreement shall not be
18 provided to any person, association,corporation,or other organization during the
17 term of this Agreement without the prior written consent mfCounty.
18 B. County Right tm Disclose. County shall have the unlimited authority to forever
19 publish, disclose, distribute, and otherwise use throughout the world, in whole or
20 in port, and allow others ho do so, all meporta, atud|ea, data, or other information
21 prepared by Consultant pursuant to this Agreement.
22 C. Ownership of Work Product. All documents prepared or obtained by
23 Consultant shall become the exclusive property of County. Upon termination of
24 this Agreement and prior to any compensation received from County for unpaid
25 services, Consultant shall surrender to County all work products created
26 pursuant to this Agreement without any reservation of rights therein. Consultant
27 may retain such documents only for oo long as County authorizes such work
28 product tobe retained to allow the completion of work as provided iOSubsection
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1 5.13 of this Agreement. Consultant may retain copies of any documents prepared
2 or obtained by Consultant and designated as public records under the California
3 Public Records Act (California Government Code, Title 1, Division 7, Chapter
4 3.5, beginning with section 6250), and such documents may be used by
5 Consultant in any manner after this Agreement has been terminated.
6 D. Format of Documents. The Consultant shall provide (submit, reproduce, and
7 distribute) Draft EIR, Final EIR, MMRP, appendices, exhibits and any additional
8 reference material in the quantities and format(s)as specified in Exhibit B, Work
9 Program, of this Agreement. County will require that Consultant provide
10 documents in both Microsoft Word, Office 2016 (or newer) and Portable
11 Document Format(.pdo file formats.
12 7. TIME OF PERFORMANCE
13 It is understood that weather and other factors beyond Consultant's control may delay
14 the completion of field work necessary for preparation of the EIR. Consultant will be allowed as
15 many additional days as are necessary to compensate for days lost due to inclement weather
16 or delays resulting from actions by Applicant including but not limited to changes in the project.
17 If additional time is needed because of a delay caused by factors not beyond Consultant's
18 control, Consultant shall timely request an extension of time in writing. The granting of such an
19 extension shall be at the discretion of the Director, or the Director's designee. Neither Party
20 shall be held liable or responsible to the other Party nor be deemed to have defaulted under or
21 breached this Agreement for failure or delay in fulfilling or performing any obligation under this
22 Agreement when such failure or delay is caused by or results from causes beyond the
23 reasonable control of the affected Party, including but not limited to fire, floods, embargoes,
24 war, acts of war, insurrections, riots, strikes, lockouts or other labor disturbances, or acts of
25 God; provided, however, that the Party so affected shall use reasonable commercial efforts to
26 avoid or remove such causes of nonperformance, and shall continue performance hereunder
27 with reasonable dispatch whenever such causes are removed. Either Party shall provide the
28
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1 other Party with prompt written notice of any delay or failure to perform that occurs by reason
2 of force majeure.
3
4 8. INDEPENDENT CONTRACTOR
5 In performance of the work, duties, and obligations assumed by Consultant under this
6 Agreement, it is mutually understood and agreed that Consultant, including all of Consultant's
7 officers, agents, employees, and sub-consultants/contractors, will always be acting and
8 performing as an independent contractor, and shall act in an independent capacity and not as
9 an officer,agent, servant,employee,joint venture,partner,or associate of County. Furthermore,
10 County shall have no right to control or supervise or direct the manner or method by which
11 Consultant shall perform its works and function. However, County shall retain the right to
12 administer this Agreement so as to verify that Consultant is performing its obligations in
13 accordance with the terms and conditions thereof. Consultant and County shall comply with all
14 applicable provisions of law and the rules and regulations, if any, of Governmental authorities
15 having jurisdiction over matters the subject thereof. Because of its status as an independent
16 contractor, Consultant shall have no right to employment rights or benefits available to County
17 employees. Consultant shall be solely liable and responsible for providing to, or on behalf of its
18 employees, all legally required employees benefits. In addition, Consultant shall be solely
19 responsible and save County harmless from all matters relating to payment of Consultant's
20 employees, including compliance with Social Security withholding, and all other regulations
21 governing such matters. It is acknowledged that during the term of this Agreement, Consultant
22 may be providing services to others unrelated to County or to this Agreement.
23 9. AUDITS AND INSPECTIONS
24 A. Inspection of Documents. Consultant shall make available to County, and
25 County may examine at any time during business hours and as often as County
26 deems necessary, all of Consultant's records and data with respect to the
27 matters covered by this Agreement, excluding attorney-client privileged
28 communications. Consultant shall, upon request by County, permit County to
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audit and inspect all such records and data 0o ensure Consultant's compliance
2 with the terms of this Agreement.
3 B. State Audit Requirements. |f the compensation tobe paid bv County undarU)iu
4 Agreement exceeds$10,000, Consultant is subject to the examination and audit
5 of the California State Auditor, as provided in Government Code section 854O7.
6 for a period of three years after final payment under this Agreement. This
7 subsection B.B survives the termination of this Agreement.
O C. Public Records. Under this Agreement, Consultant ionot permitted todiscuss,
S diou|¢oe or release to the public or any third party this Agreement or any
10 informnaUon, record or data related tothe Project unless specifically authorized
11 by County. County is not limited in any manner with respect to its public
12 disclosure of this Agreement or any record or data that Consultant may provide
13 to the County. County's public disclosure of this Agreement or any record or data
14 that Consultant may provide to County may include but is not limited to the
15 following:
16 (1) County may voluntarily, or upon request bx any member mf the public or
17 governmental agancy, disclose this Agreement to the public or such
18 governmental agency.
19 (2) County may voluntarily, mr upon request bv any member of the public or
20 governmental agenoy, disclose to the public or such governmental
21 agency any record ordata that Consultant may provide to County, unless
22 such disclosure ia prohibited bv court order.
23 (3) This Agreement, and any record Vr data that Consultant may provide 10
24 CountV, is subject to public disclosure under the Ralph M. Brown Act
25 (California Government Code, Title 5, Division 2, Port 1, Chapter 8.
28 beginning with section 54850).
27 (4) This Agmeernent, and any record or data that Consultant may provide to
28 County, is subject to public disclosure as m public record under the
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1 California Public Records Act (California Government Code, Title 1,
2 Division 7, Chapter 3.5, beginning with section 6250) ("CPRA").
3 (5) This Agreement, and any record or data that Contractor may provide to
4 County, is subject to public disclosure as information concerning the
5 conduct of the people's business of the State of California under
6 California Constitution, Article 1, section 3, subdivision (b).
7 (6) Any marking of confidentiality or restricted access upon or otherwise
8 made with respect to any record or data that Consultant may provide to
9 County shall be disregarded and have no effect on County's right or duty
10 to disclose to the public or governmental agency any such record or data.
11 D. Public Records Act Requests. If County receives a written or oral request
12 under the CPRA to publicly disclose any record that is in Consultant's possession
13 or control, and which County has a right, under any provision of this Agreement
14 or applicable law, to possess or control, then County may demand, in writing,
15 that Consultant deliver to County, for purposes of public disclosure, the
16 requested records that may be in the possession or control of Consultant.Within
17 five business days after County's demand, Consultant shall (a) deliver to the
18 County all of the requested records that are in Consultant's possession or
19 control, together with a written statement that Consultant, after conducting a
20 diligent search, has produced all requested records that are in Consultant's
21 possession or control, or (b) provide to County a written statement that
22 Consultant, after conducting a diligent search, does not possess or control any
23 of the requested records. Consultant shall cooperate with County with respect to
24 any County demand for such records. If Consultant wishes to assert that any
25 specific record or data is exempt from disclosure under the CPRA or other
26 applicable law, it must deliver the record or data to County and assert the
27 exemption by citation to specific legal authority within the written statement that
28 it provides to County under this section. Consultant's assertion of any exemption
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1 from disclosure is not binding on County, but County will give at least 10 days'
2 advance written notice to the Contractor before disclosing any record subject to
3 Consultant's assertion of exemption from disclosure. Consultant shall indemnify
4 the County for any court-ordered award of costs or attorney's fees under the
5 CPRA that results from Consultant's delay,claim of exemption,failure to produce
6 any such records, or failure to cooperate with County with respect to any County
7 demand for any such records.
8 10. MAINTAIN AND PROVIDE ADMINISTRATIVE RECORD
9 If requested by the County, Consultant shall upon request prepare and assemble the
10 Administrative Record(defined in this Section 10 below)and furnish it to County after the Notice
11 of Determination, including the findings and any Statement of Overriding Consideration, are
12 filed with the County Clerk. The "Administrative Record" is defined as the entirety of the
13 information relied upon to prepare the EIR, including without limitation all records identified in
14 California Public Resources Code section 21167.6, subdivision (e). The Administrative Record
15 is inclusive of all information and analyses either generated or obtained from other sources or
16 used to support documentation and analyses. A complete Administrative Record is the entirety
17 of the information relied upon within Consultant's possession plus all information in other
18 locations listed in the references. Information listed in the references at other locations does not
19 have to be included in the Administrative Record, provided the references contain sufficient
20 information for a reasonable member of the public to identify, seek out, and obtain the listed
21 information. Consultant shall organize the information comprising the Administrative Record as
22 an accessible electronic file, indexed by topic to the extent possible, and submit this record to
23 County. The electronically stored information comprising the Administrative Record shall be
24 delivered to the County in in the format in which it is ordinarily maintained.
25 11. CONTRACT ADMINISTRATION
26 Consultant shall notify its appropriate employees of the individual County designates as
27 County Contract Administrator for this EIR.All routine correspondence and telecommunications
28 related to Contract performance and related issues should be addressed as follows:
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1 David Randall, Senior Planner
Department of Public Works and Planning
2 Development Services and Capital Project Division
2220 Tulare Street, 6th floor
3 Fresno, CA 93721
Phone: (559) 600-4052
4 e-mail: DRandaIl(ZDFresnoCountvCA.qov
5 All other notices to County shall be delivered in accordance with Section 12, below.
6 12. NOTICES
7 A. Addresses for Delivery. Except as otherwise provided in this Agreement, the
8 persons and their addresses having authority to give and receive notices under
9 this Agreement include the following:
10 County:
Director of Public Works and Planning
11 Department of Public Works and Planning
12 2220 Tulare Street, Eighth Floor
Fresno, CA 93721
13 Attn: Division Manager/Development Services
14 Consultant:
Crawford & Bowen Planning, Inc.
15 113 N Church St. Ste. 310
Visalia, CA 93291
16
B. Change of Contact Information. Either Party may change the information
17
provided in this Agreement by giving notice as provided in this section.
18
C. Method of Delivery. Each notice between the County and the Consultant
19
provided for or permitted under this Agreement must be in writing, state that it is
20
a notice provided under this Agreement, and be delivered either by personal
21
service, by first-class United States mail, by an overnight commercial courier
22
service.
23
(1) A notice delivered by personal service is effective upon service to the
24
recipient.
25
(2) A notice delivered by first-class United States mail is effective three
26
County business days after deposit in the United States mail, postage
27
prepaid, addressed to the recipient.
28
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CB A notice delivered tman overnightcommercial courier service is effective
2 one County business day after deposit with the overnight commercial
3 courier service, delivery fees p[epaid, with delivery instructions given for
4 next day delivery, addressed tm the recipient.
5 D. Claims Presentation. For all claims arising out oforrelated tm this Agreement,
0 nothing in this Section 12 motab|ioheo, vveivas, or nn#dUieo any claims
7 presentation requirements or procedures provided by |axv' including but not
8 limited to the Government Claims Act(Division 3.6 of Title 1 of the Government
9 Code, beginning with section 810).
10 13' DISCLOSURE OF SELF-DEALING TRANSACTIONS
11 A. Applicability. This applies if the Consultant io operating eaa corporation or
12 changes its status to operate aoacorporation.
13 B. Duty to Disclose. If any member of the Consultant's board of directors is party
14 to o self-dealing tranoaotion, he or she ohoU disclose the transaction by
iS completing and signing a "Sa[f-[)oeUnQ Transaction Disclosure Form" (Exhibit F
18 to this Agreement) and submitting it to the County before commencing the
17 transaction mr immediately after.
18 C. Definition. "Self-dealing transaction" means o transaction to which the
19 Consultant ioa party and in which one or more of its directors, asanindividual,
20 has a material financial interest.
21 14. GENERALl[ERMS
22 A. Effective Date;Term.This Agreement shall become effective upon the Effective
23 Date and shall continue in effect until the obligations of the Parties under this
24 Agreement are complete Vr until this Agreement iW earlier terminated aaprovided
25 in Section 5"Breach and Tenninabon."
26 B. Amendments or Modification.Any changes to this Agreement requested either
27 by County or Consultant may only be affected if mutually agreed upon in writing
28 by duly authorized representatives of the Parties hereto. Except as provided in
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Section 5. "Breach and Termination," this Agreement may not be modified, and
2 no waiver is effective, except by written agreement signed by both Parties. The
D Consultant acknowledges that County employees have nn authority bzmodify
4 this Agreement except as expressly provided in this Agreement.
5 C. Non-Assignment. Neither Party may assign its rights or delegate its obligations
6 under this Agreement without the prior written consent of the other Party.
7 O. Governing Law. The laws of the State of California govern all matters arising
8 from or related to this Agreement.
9 E. Jurisdiction and Venue. This Agreement iasigned and performed in Fresno
10 Counb/, California. Consultant consents to California jurisdiction for actions
11 arising from or related to this Agreement, and, subject to the Government Claims
12 Act, all such actions must bg brought and maintained in Fresno County.
13 F. Construction. The final form of this Agreement is the result of the Parties'
14 combined efforts. If anything in this Agreement is found by a court of competent
15 jurisdiction to be ambiguous, that ambiguity shall not be resolved by construing
18 the terms of this Agreement against either Party.
17 G. Headings; Construction; Statutory References. The headings and section
18 titles in this Agreement are for convenience only and are not part of this
19 Agreement. The final form of this Agreement is the result of the Parties'
20 combined efforts and negotiations between the Parties. If anything in this
21 Agreement is found bva court of competent jurisdiction bzbe ambiguous, that
22 ambiguity shall not be resolved by construing the terms of this Agreement
23 against either Party. The language of this Agreement ahoU be construed as a
24 whole according to its fair meaning and not strictly for oragainst any Party. Any
25 rule of construction to the effect that ambiguities are to be resolved against the
26 drafting Party shall not apply in interpreting this Agreement.All references inthis
27 Agreement to stotutee, nGQu|stiona, ordinances or resolutions of the United
28 States, the State of California, or County of Fresno shall be deemed to include
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the same statute, regulation, ordinance, or resolution as hereafter amended or
2 renumbered, or if repealed, to such other provisions as may thereafter govern
3 the aenne subject. /n the event of any inconsistency between the text of this
4 Agreement and the Exhibits attached to this Agreement, such ambiguity shall be
b resolved in the following order of priority: /1\the text ofthis Agreement,excluding
0 the Exhibits, (2) Exhibit G (Insurance Requirements), (3) Exhibit F(Se|f-Dea!ing
7 Transactions), /4\ Exhibit D (Compensation), (5) Exhibit E (Extra Services), (0)
8 Exhibit C (Scope of Sen/ioem\. (7) Exhibit B (Work Program), and (8) Exhibit
9 (Project Description).
10 H. SevmmmbUVitw. If anything in this Aoneerngn[ is found by o court of competent
11 jurisdiction to be unlawful or otherwise unenfonceob|e, the balance of this
12 Agreement remains in effect, and the Parties shall make bast efforts to replace
18 the unlawful or unenforceable part of this Agreement with lawful and enforceable
14 terms intended tu accomplish the Parties' original intent.
15 |. Nondiscrimination. During the performance of this Agreement, the Consultant
16 shall not unlawfully discriminate against any employee or applicant for
17 mmp|oymmert, or recipient of een/ioes, because of nace, religious oneod. um|or'
18 national origin, anoentry, physical disability, mental disability, medical condition,
19 genetic infonnatkon, marital status, oex. gender, gender identity, gender
20 expression, age, sexual orientation, military status or veteran status pursuant to
31 all applicable State of California and federal statutes and regulation.
22 J. No Waiver. Payment,waiver, or discharge by County of any liability or obligation
23 of the Consultant under this Agreement on any one or more occasions ionot a
24 waiver of performance of any continuing or other obligation of Consultant and
25 does not prohibit enforcement by the County of any obligation on any other
28 occasion.
27 K. Entire Agreement. This Agreement constitutes the entire Agreement between
28 Consultant and County with respect to the subject matter hereof and supersedes
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1 all previous negotiations, proposals, commitments, writing, advertisements,
2 publications, and understandings of any nature whatsoever, including without
3 limitation the Previous Consultant Agreement, unless expressly included in this
4 Agreement.
5 L. No Third-Party Beneficiaries. This Agreement does not and is not intended to
6 create any rights or obligations for any person or entity, including without
7 limitation the Applicant, except for the Parties.
8 M. Binding Upon Successors.This Agreement shall be binding upon and inure to
9 the benefit of the Parties and their respective successors in interest, assigns,
10 legal representatives, and heirs.
11 N. Authorized Signatures. The Consultant represents and warrants to County
12 that:
13 (1) Consultant is duly authorized and empowered to sign and perform its
14 obligations under this Agreement.
15 (2) The individual signing this Agreement on behalf of Consultant is duly
16 authorized to do so and his or her signature on this Agreement legally
17 binds Consultant to the terms of this Agreement.
18 O. Electronic Signatures.The Parties agree that this Agreement may be executed
19 by electronic signature as provided in this section.
20 (1) An "electronic signature" means any symbol or process intended by an
21 individual signing this Agreement to represent their signature, including
22 but not limited to (a) a digital signature; (b) a faxed version of an original
23 handwritten signature; or (c) an electronically scanned and transmitted
24 (for example by PDF document) version of an original handwritten
25 signature.
26 (2) Each electronic signature affixed or attached to this Agreement (a) is
27 deemed equivalent to a valid original handwritten signature of the person
28 signing this Agreement for all purposes, including but not limited to
Consultant Agreement—Crawford & Bowen Planning, Inc.
Page 16 of 18
1 evidentiary proof in any administrative or judicial proceeding, and(b)has
2 the same force and effect as the valid original handwritten signature of
3 that person.
4 (3) The provisions of this section satisfy the requirements of Civil Code
5 section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act
6 (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
7 (4) Each Party using a digital signature represents that it has undertaken and
8 satisfied the requirements of Government Code section 16.5,subdivision
9 (a), paragraphs (1) through (5), and agrees that each other Party may
10 rely upon that representation.
11 (5) This Agreement is not conditioned upon the Parties conducting the
12 transactions under it by electronic means and either Party may sign this
13 Agreement with an original handwritten signature.
14 P. Counterparts. This Agreement may be signed in counterparts, each of which is
15 an original, and all of which together constitute this Agreement.
16 [Signature page follows.]
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25 In witness whereof, the Parties are signing this Agreement as of the Effective Date.
26
27 CONSULTANT: COUNTY OF FRESNO:
28 Crawford& Bowen Planning, Inc.
Consultant Agreement—Crawford & Bowen Planning, Inc.
Page 17 of 18
BY: B
3 Emily Bowen, LEED AP STEVE E. WWI
� PL
4 DEPART NT F BLIC WORKS
AND PL IN
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7 ORG. NO.: 4360-0200
SUBCLASS NO.: 10000
8 FUND NO.: 0001
ACCOUNT NO.: 7295
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Consultant Agreement—Crawford & Bowen Planning, Inc.
Page 18 of 18
Exhibit A
2 Project Description
3 The applicant proposes tm rezone the approximately18.7-aoresite tn the K8-3Heavy
4 Industrial Zone district to allow for the development Cfo new approximately 3BS.013yoft
5 industrial facility. The facility im anticipated 10 beg single mr multi-tenant shell building
6 that can accommodate a wide array of industrial users. At full development,the Project
/ proposes a total of481 parking spaces across standard, accessible, and EV charging
8 stalls. |tio anticipated that 1D% of the total building square footage area will be
9 designated for future office space for tenant(s)—approx. 38,000sqft. Multiple docking
10 bays are proposed for the purpose of loading and unloading product.
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Consultant Agreement—Crawford & Bowen Planning, Inc.
A-1
1 Exhibit B
2 Work Program
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4 (See Attached)
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Consultant Agreement—Crawford & Bowen Planning, Inc.
B-1
l Exhibit
2 Scope of Services
3 1. Upon Consultant's receipt of written requests by County to proceed with identified work,
4 Consultant shall prepare, in phases, anBF|for the Project xvhiohehmUcon1p|ym/ithCEOA
5 and conform to the Work ProQrarn, as described in Exhibit B to this /4Qnaernart. and
6 Schadu|e, as defined in Exhibit B to this Aoregnnent, submitted by Consultant and
7 approved byDirector.
8 2. Consultant shall determine,at the earliest feasible time,those factors which could severely
9 inhibit or prohibit the approval and development of the proposed project. Consultant shall
10 promptly notify County of Consultant's findings regarding such factors and conclusions
11 related thereto for the purpose of determining the feasibility of continuing with preparation
12 of the E|R according to said Work Program.
13 3. Consultant shall include a County staff member in any meeting #r other contact between
14 Consultant and /\pp|icant, un|mnm otherwise authorized by County in which omoe
15 Consultant shall provide a written summary of the meeting. County mhmU apeuifiom||v
10 authorize each instance of written correspondence between Consultant and Applicant,
17 and the sender shall provide County o copy mf all such correspondence.
18 4. Consultant shall review all background information, prior environmental studies and other
19 studies supplied by Applicant for evaluation in the E(R. and Consultant or its
20 Subconsultants shall revise and/or complete any studies determined to be inadequate or
21 incomplete.
22 5. Consultant shall not revise the approved Work Program or replace any Subconsultant, as
23 identified in the Work Pnognyrn, selected to prepare any part of the E|R without the prior
24 written consent of Director. Project Manager shall be Emily Bowen, arDai|
25 erni|y6Dnandbp|anning.onnn. Any changes to Consultant Project K8anoQerwiUnequinathe
28 prior written consent mfDirector.
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Conmu|bantAxmamrnent—Cnaxvfond & Bowen Planning, Inc.
C-1
6. Consultant shall at minimum conduct one(1)scoping meeting for the Notice of Preparation
2 (NOF) and one U\ public meeting for the Draft BF| if such meetings are requested by
J County.
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Consultant Agreement—Crawford & Bowen Planning, Inc.
/|
Exhibit D
2 Compensation
3 Consultant will be compensated for performanceof its services under this Agreement um
4 provided in this Exhibit [}. Consultant is not entitled to any compensation except as expressly
5 provided in this ExhibitO.
6 1. Contract Deliverables: to occur in four(4) increments.
7 (o) Contract Deliverable /\: (Project Kick-Off) mhmU consist of all work
G performed by Consultant to complete the deliverable as identified in the Exhibit B Work
9 Program.
10 (b) Contract Deliverable B: (Development of Technical Reports) ohoU
11 consist of all work performed by Consultant to complete the deliverable as identified in the
12 Exhibit B Work Program.
13 (c)Contract Deliverable C: (Administrative Draft E|R) shall consist of all
14 work pedbmood by Consultant to complete the deliverable ao identified in the Exhibit B
15 Work Program.
15 (d) Contract Deliverable D: (Final Draft BR) shall consist of all work
17 performed by Consultant to complete the deliverable as identified in the Exhibit BVVork
18 Program.
19 Payment for Contract DeUi,emablem: Upon execution of this Agreement
20 by the Parties hereto and thereafter upon Consultant's completion of each Contract
21 Deliverable, Consultant shall nonDnn, in writing, with Director or Director's designee, prior
22 {o Consultant's performance cf any services under a Contract Deliverable, that the sum
23 representing Applicant's incremental payment for that Contract Deliverable of work to be
24 performed by Consultant has been received by County from Applicant.This total sum shall
25 be paid to Consultant as follows:
26 (a) Contract Deliverable A: Upon receipt of a proper invoice in accordance
27 with Contract Deliverable A and following acceptance, County ahoU pay Consultant an
28 amount not to exceed Six Thousand One Hundred FKtv QuUgm; and Zero Cants
Consultant Agreement—Crawford & Bowen Planning, Inc.
C-1
($6,150.00. The County shall pay Consultant said amounts pursuant to Section 3of the
2 Agreement.
] (b) Contract Deliverable B: Upon receipt ofa proper invoice inaccordance
4 with Contract Deliverable B and following acceptonoe. County mhoU pay Consultant an
b amount not to exceed Two Thousand One Hundred and Zero Cents ($2.100.00). Tho
0 County shall pay Consultant said amount pursuant to Section 3of the Agreement.
/ (o) Contract Deliverable C: Upon receipt ofa proper invoice inaccordance
8 with Contract []e|ixenyb|e C and following aoceutanmy. County ohoU pay Consultant an
8 amount not to exceed an amount not bzexceed Thirty-Nine Thousand Seven Hundred
10 Fifty Dollars and Zero Cents /$33.75O.00\. The County shall pay Consultant said amount
11 pursuant 10 Section 3uf the Agreement.
12 (d) Contract Deliverable D: Upon receipt of a proper invoice in accordance
13 with Contract Deliverable I] and following acceptance, County shall pay Consultant an
14 amount not to exceed Twenty-Seven Thousand Three Hundred Dollars and Zero Cents
15 ($27'3OO.UO). The County shall pay Consultant said amount pursuant to Section 3ofthe
18 Agreement.
17 2. OPTIONAL TASKS: The Parties understand that"Optional Tasks" according to Exhibit B
18 Work Program may be required during the course nf the project. TheF`ortieseQn3ethat
19 County may authorize Consultant in m/hUng to perform additional Optional Tasks as
20 described in Exhibit B of this Agreement as the County deems needed. Upon receipt of a
21 proper invoice following acceptance of performance of said Optional task by the County;
22 County shall pay Consultant said amount according to Exhibit B \&brK Program for
23 Optional Tasks pursuant Section 3 of the Agreement.
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Consultant Agreement—Crawford& Bowen Planning, Inc.
C-2
Exhibit E
2 Extra Services
3 1. The Parties understand that additional work, not reasonably anticipated during the
4 preparation of the Work Program proposal submitted by Consultant and approved by
5 County, may be necessary to complete the Draft and/or Final BR. The Parties further
8 understand that it is not possible to estimate accurately either the quantity or quality of
7 comments that will be received bv County during the public review period for the Draft
8 E|R. The Parties agree that County may authorize Consultant to perform certain
9 necessary additional work as"Extra Services" pursuant to Exhibit B of this Agreement.
10 2. The Extra 8en/ioeo which may be authorized are limited to those subjects set forth in
11 Exhibit B. Cmnou|tord shall not perform any Extra Services without prior written
12 authorization from the Director orthe Directors designee. The total charge for all such
13 Extra Services mhoU not exceed the ourn of Eleven Thousand Two Hundred Ninety-Five
14 Dollars and Zero Cents/$11. 295.00\. approximately 15Y6of the Total Fee.
15 3. Whether to authorize Extra Services is within the discretion of County. Authorization may
16 be granted only if additional infonnation, further analysis, or other work is, in the opinion
17 of the [}inaotor. required to complete the Draft orFinal E|Fl or related activities. However'
18 if the services to be performed could reasonably have been anticipated during the
19 preparation of the Work Program proposal, as determined by the Director, these services
20 are not"Extra Services"and shall be performed by Consultant within the Total Fee of this
21 Agreement. Extra Services may bG authorized only after Countv'mreceipt from Applicant,
22 pursuant bz County/Applicant Agreement, ofthe entire sum determined bv the Director 0m
23 be the maximum that may be rendered for those Extra Services. Consultant shall confirm
24 with the Director orthe Director's designee that said sum has been received by County
25 from Applicant prior t¢ its performance of the Extra Services.
28 4. Any work performed by the Consultant atCmuntv'm request iealways considered
27 included inthe Scope ofWork pursuant to Exhibit B unless prior explicit written
28 authorization, that includes a proposed Scope of Work for Extra Services and total cost
Consultant Agreement—Crawford & Bowen Planning, Inc.
E-1
�| |
1 for services, has been obtained. County staff does not have the authority to provide
2 verbal commitments to amendments to agreements or verbally approve Extra Services;
3 any verbal direction or comments from staff does not make a commitment that any
4 written approval for changes in compensation will be authorized or provided. Failure of
5 Consultant to secure prior explicit written authorization for extra services before
6 performing said work shall be deem an acknowledgement that the work is within the
7 scope of the work previously agreed to, and shall constitute a waiver of all rights to an
8 amendment in the contract price or Extra Service request for such unauthorized extra
9 work and Consultant thereafter shall be entitled to no compensation or reimbursement
10 whatsoever for the performance of such work.
11 5. The advance of sufficient funds by Applicant to County for the compensation of both Total
12 Fee services and Extra Services prior to such services being performed shall be paid
13 upfront, and Consultant's confirmation of same with Director, or Director's designee, that
14 such sums have been received shall be conditions precedent to County's obligation to
15 compensate Consultant for such services. If Consultant performs any services under this
16 Agreement and such conditions precedent are not met, County shall not be obligated to
17 compensate Consultant for the performance thereof.
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Consultant Agreement—Crawford & Bowen Planning, Inc.
E-2
1 Exhibit F
2 Self-Dealing Transaction Disclosure Form
3 In order to conduct business with the County of Fresno ("County"), members of a
4 Consultant's board of directors, must disclose any self-dealing transactions that they are a party
5 to while providing goods, performing services, or both for the County. A self-dealing transaction
6 is defined below:
7 "A self-dealing transaction means a transaction to which the corporation is a party and in
8 which one or more of its directors has a material financial interest."
9 The definition above will be used for purposes of completing this disclosure form.
10 Instructions
11 (1) Enter board member's name, job title (if applicable), and date this disclosure is being
12 made.
13 (2) Enter the board member's company/agency name and address.
14 (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
15 County. At a minimum, include a description of the following:
16 a. The name of the agency/company with which the corporation has the transaction;
17 and
18 b. The nature of the material financial interest in the Corporation's transaction that
19 the board member has.
20 (4) Describe in detail why the self-dealing transaction is appropriate based on applicable
21 provisions of the Corporations Code.
22 The form must be signed by the board member that is involved in the self-dealing
23 transaction described in Sections (3) and (4).
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Consultant Agreement—Crawford & Bowen Planning, Inc.
F-1
(1) Company Board Member Information:
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Name: Date:
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4 Job Title:
5 (2) Company/Agency Name and Address:
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11 (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party
12 to)
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18 (4) Explain why this self-dealing transaction is consistent with the requirements of
19 Corporations Code§6233(a)
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26 (6)Authorized Signature
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28 Signature: Date:
Consultant Agreement—Crawford & Bowen Planning, Inc.
F-2
1 Exhibit G
2 Insurance Requirements
3 1. Required Policies
4 Without limiting the County's right to obtain indemnification from the Consultant or any third-
5 parties, Consultant, at its sole expense, shall maintain in full force and effect the following
6 insurance policies throughout the term of this Agreement.
7 (A) Commercial General Liability. Commercial general liability insurance with limits of not
8 less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
9 Four Million Dollars ($4,000,000). In addition, such Umbrella or Excess insurance
10 policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the
11 County, its officers, officials, employees, agents, and volunteers. This policy must be
12 issued on a per occurrence basis.Coverage must include products,completed operations,
13 property damage, bodily injury, personal injury, and advertising injury. The Consultant
14 shall obtain an endorsement to this policy naming the County of Fresno, its officers,
15 agents, employees, and volunteers, individually and collectively, as additional insureds,
16 but only insofar as the operations under this Agreement are concerned. Such coverage
17 for additional insureds will apply as primary insurance and any other insurance, or self-
18 insurance, maintained by the County is excess only and not contributing with insurance
19 provided under the Consultant's policy.
20 (B) Automobile Liability.Automobile liability insurance with limits of not less than One Million
21 Dollars($1,000,000)per occurrence for bodily injury and for property damages. Coverage
22 must include any owned and non-owned vehicles used in connection with this Agreement.
23 (C)Workers Compensation. Workers compensation insurance as required by the laws of
24 the State of California with statutory limits.
25 (D) Employer's Liability. Employer's liability insurance with limits of not less than One Million
26 Dollars($1,000,000) per occurrence for bodily injury and for disease.
27 (E) Professional Liability. Professional liability insurance with limits of not less than One
28 Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million
Consultant Agreement—Crawford & Bowen Planning, Inc.
G-1
OoUanS . If this iaa claims-made policy, then (1)the retroactive date must be
2 priorto the date on which services began under this Agreement; (2)the Consultant shall
3 maintain the policy and provide to the County annual evidence of insurance for not less
4 than five years after completion of services under this Agreement; and (3) if the policy is
5 canceled or not nanexmed, and not replaced with another claims-made policy with e
0 retroactive date prior to the date on which services begin under this Agreement, then the
7 Consultant ahoU purchase extended reporting coverage on its claims-made policy for a
B minimum offive years after completion of services under this Agreement.
S 2' Additional Requirements
10 (A)Verification of Coverage.Within3O days after the Consultant signs this Agreement,and
11 at any time during the term of this Agreement as requested by the County's Risk Manager
12 or the County Administrative C}ffima. the Consultant mhmU deliver, or cause its broker or
13 produuerUode|iver.1otheCounh/RiokyWmnoger.at 2220 Tulare Street, 16th Floor, Fresno,
14 California 93721. or HF|RiakyWonogernent6Dfremnocounb/oa.Oox, and by mail mr email hm
15 the person identified to receive notices under this Agreement,certificates of insurance and
16 endorsements for all of the coverages required under this Agreement.
17 /i\ Each insurance certificate must state that: (1) the insurance coverage has been
18 obtained and is in full force; (2) the Couotv, its officere, eQenta, employees, and
19 volunteers are not responsible for any premiums on the policy; and (3) the
20 Consultant has waived its right to recover from the Countv, its of5uena. oQenin.
21 employees, and volunteers any amounts paid under any insurance policy required
22 bv this Agreement and that waiver does not invalidate the insurance policy.
23 (ii) The commercial general liability insurance certificate must also steU*, and include
24 an endorsement, that the County of Fresno, its officera, ogentm, employees, and
25 vdunteona, individually and coUectivek/, are additional insureds insofar as the
28 operations under this Agreement are concerned. The commercial general liability
27 insurance certificate must also state that the coverage ohoU apply as primary
28 insurance and any other insurance, or self-insurance, maintained by the County
Consultant Agreement—Crawford & Bowen Planning, Inc.
G-2
1 shall be excess only and not contributing with insurance provided under the
2 Consultant's policy.
3 (iii) The automobile liability insurance certificate must state that the policy covers any
4 auto used in connection with this Agreement.
5 (iv) The professional liability insurance certificate, if it is a claims-made policy, must
6 also state the retroactive date of the policy, which must be prior to the date on
7 which services began under this Agreement.
8 (B)Acceptability of Insurers. All insurance policies required under this Agreement must be
9 issued by admitted insurers licensed to do business in the State of California and always
10 possessing during the term of this Agreement an A.M. Best, Inc. rating of no less than A:
11 VI I.
12 (C)Notice of Cancellation or Change. For each insurance policy required under this
13 Agreement, the Consultant shall provide to the County, or ensure that the policy requires
14 the insurer to provide to the County, written notice of any cancellation or change in the
15 policy as required in this paragraph. For cancellation of the policy for nonpayment of
16 premium, the Consultant shall, or shall cause the insurer to, provide written notice to the
17 County not less than 10 days in advance of cancellation. For cancellation of the policy for
18 any other reason, and for any other change to the policy, the Consultant shall, or shall
19 cause the insurer to, provide written notice to the County not less than 30 days in advance
20 of cancellation or change. The County in its sole discretion may determine that the failure
21 of the Consultant or its insurer to timely provide a written notice required by this paragraph
22 is a breach of this Agreement.
23 (D)County's Entitlement to Greater Coverage. If the Consultant has or obtains insurance
24 with broader coverage, higher limits, or both,than what is required under this Agreement,
25 then the County requires and is entitled to the broader coverage, higher limits, or both.To
26 that end, the Consultant shall deliver, or cause its broker or producer to deliver, to the
27 County's Risk Manager certificates of insurance and endorsements for all the coverages
28 that have such broader coverage, higher limits, or both, as required under this Agreement.
Consultant Agreement—Crawford & Bowen Planning, Inc.
G-3
(E)Waiver of Subrogation. The Consultant waives any right to recover from the County, its
2 officers'agents, employees, and volunteers any amounts paid under the policy of worker's
3 compensation insurance required bv this Agreement. The Consultant ie solely responsible
4 to obtain any policy endorsement that may be necessary to accomplish that waiver, but
5 the Consultant's vvoimar of subrogation under this paragraph is effective whether the
8 Consultant obtains such anendorsement.
7 /FlCmumtw"s Remedy for Consultant's Failure tm Maintain. |f the Consultant fails hoalways
8 keep ineffect any insurance coverage required under this Agreement, the County may, in
9 addition to any other remedies it may have, suspend, 0r terminate this Agreement upon
10 the occurrence of that failure, or purchase such insurance coverage, and charge the cost
11 of that ommynmge to the Consultant. The County may offset such charges against any
12 amounts owed bv the County to the Consultant under this Agreement.
13 (G)SubcomsuUtamts' The Consultant shall require and verify that all suboonmu|tomta used bx
14 the Consultant to provide services under this Agreement maintain insurance meeting all
15 insurance requirements provided in this Agreement. This paragraph does not authorize
10 the Consultant to provide services under this Agreement using oubnunnultmnto.
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Connu|baDtAoneenoent—Cravvfond & Bowen Planning, Inc.
G-4
EXHIBIT B
Crawford # Bowen
PLANNING, INC.
Project Understanding
Land Value Investment, LLC. is proposing to develop a 500,000 square foot warehouse
and distribution facility on APN 331-080-09 in unincorporated Fresno County.
Entitlements to accommodate the proposed Project include:
• Rezone parcel from AL-20 to M-3
• Site Plan Review
The new development will be subject to an Initial Study under the California
Environmental Quality Act (CEQA) and the County (County) will be the Lead Agency.
Environmental Requirements
The project will require an Environmental Impact Report (EIR) in order to comply with
the California Environmental Quality Act (CEQA) which will include:
o Notice of Preparation and Scoping Meeting
o Administrative Draft EIR
o Draft EIR
o Final EIR/Mitigation and Monitoring Program
Scope of Work
Crawford & Bowen Planning, Inc. will provide the following services, as broken down
by Deliverables A- E:
DELIVERABLE A
113 N. Church St. Suite #310 1 Visalia, CA 93291 1 559.840.4414 1 www.candbplanning.com
Re: Fresno County Minnewawa Industrial Development
March 2, 2025
Task A-1 — Kickoff Meeting: C&B will attend an on-line kickoff meeting with the
County and Applicant to establish clear lines of communication, expectations,
and to gather input on Project specifics.
Task A-2 — Review and Refine Project Description: All provided project related
materials will be reviewed and a site visit will be conducted to observe existing
site conditions. A draft project description will be prepared for the County's and
project applicant's review and comment. As specified in the State CEQA
Guidelines, Section 15124, the EIR will include a detailed project description
using text and graphics inclusive of the project's regional and local setting and
the project's history and land uses. The project description will also include the
project's objectives (from the perspectives of both the County and the Project
Applicant), characteristics, phasing, and important features. The final project
description will be used in preparing the Notice of Preparation.
Deliverable: Project Description (word and pdf)
Task A-3 — Preparation and Distribution of Notice of Preparation: C&B will prepare
the Notice of Preparation (NOP), utilizing a County template, for distribution on
a County-provided distribution list. The NOP will contain all statutory
requirements, including the project description developed in Task A-2 above,
project location, a brief overview of potential environmental impacts, project
maps, the date, time, and place of the public scoping meeting(s), the address
where the documents are available for review, the address where comments may
be sent, and the deadline for submitting comments. C&B will provide the list of
applicable agencies to be included in the mailing and will upload necessary
documents, including the Notice of Availability, State Clearinghouse (SCH)
Notice of Completion and SCH Summary Form to the State Clearinghouse for
public review. The County will publish the NOP in the newspaper of choice and
will mail notices to Responsible Agencies and surrounding property owners.
Deliverables: NOP (word and pdf), Notice of Availability, SCH Notice of Completion
(pdf), SCH Summary Form (pdf).
EXHIBIT B PAGE 2
Page 1 2
Re: Fresno County Minnewawa Industrial Development
March 2, 2025
Task A-4 — NOP & Public Scoping Meeting Report: Under direction of the County,
C&B will prepare a powerpoint presentation to present via zoom at the on-line
NOP and Public Scoping meeting.
Deliverable: Scoping Meeting Powerpoint Presentation (ppt)
Task A-5 — NOP & Public Scoping Meeting Report or NOP Comments: C&B will
organize and provide a report of all written and verbal comments received
during the NOP public review process.
Deliverable: Summary of NOP comments (pdfl
DELIVERABLE B
Task B-1 — Peer Review of Studies: C&B will peer-review the provided technical
studies to support the EIR and will provide comments if needed.
DELIVERABLE C
Task C-1 —Preparation of Administrative Draft EIR: Crawford &Bowen Planning, Inc.
will prepare the Administrative Draft EIR (ADEIR) in accordance with CEQA
Guidelines and the 2024 CEQA Appendix G Checklist. The ADEIR will include:
Executive Summary. This chapter provides a summary of the content and
findings of the EIR, including a table showing the project mitigation measures.
As potentially the most referenced portion of an EIR, this Section will be
prepared in an easily accessible format with summary tables and figures.
Chapter One - Introduction. This chapter sets the stage for the environmental
evaluation and introduces the EIR along with its contents, intent and legal
fil
EXHIBIT B PAGE 3
Page 1 3
Re: Fresno County Minnewawa Industrial Development
March 2, 2025
foundations. This chapter will also discuss the public review process and will
provide context for the roles of the County, Applicant and other agencies.
Chapter Two - Project Description. This section describes the key elements of
the proposed project in detail. The project description developed under Task A-2
will be utilized as the starting point for development of the EIR project
description. This chapter will be prepared in accordance with CEQA Guidelines
Section 15124. As required by §15125 of the CEQA Guidelines, the
Environmental Setting (existing conditions) portion of the EIR will contain a
"description of the environment in the vicinity of the project, as it exists before
the commencement of the project, from both the local and regional perspective."
Chapter Three - Environmental Evaluation—This chapter is based off the CEQA
Appendix G Checklist and each environmental area will be addressed unless
otherwise noted in the Notice of Preparation. Each individual topic section will
include:
o Introductory information
o Environmental and regulatory setting
o Thresholds
o An evaluation of project impacts pertaining to that topic
Impact evaluation criteria or thresholds for determining the significance of
impacts will be described for each topic. The significance of project-related
impacts will then be determined for each topical area. The analysis will focus on
issues identified by responsible and trustee agencies, local agencies and other
interested parties in response to the NOR Impacts found to be less than
significant will be described. Impacts that cannot be mitigated below the level of
significance will be identified, and the extent to which those impacts could be
mitigated through project alternatives or changes will be demonstrated. Impacts
will be quantified to the extent possible. Mitigation measures will be listed and
numbered and cross-referenced to applicable impacts.
EXHIBIT B PAGE 4 Page 1 4
Re: Fresno County Minnewawa Industrial Development
March 2, 2025
Where there are specific technical studies pertaining to an environmental topic,
Crawford & Bowen will utilize the provided technical information and will
present the information in the EIR section within the context of CEQA. The
language in each EIR section must be clear, readable, and understandable to the
general public, therefore Crawford & Bowen will utilize graphics, tables,
summaries and other methods to present a clear and concise document.
The issue areas are as follows:
o Aesthetics
o Agricultural/Forestry Resources
o Air Quality
o Biological Resources
o Cultural Resources (Includes CHRIS search)
o Energy
o Geology and Soils
o Greenhouse Gas Emissions
o Hazards and Hazardous Materials
o Hydrology and Water Quality
o Land Use and Planning
o Mineral Resources
o Noise
o Population and Housing
o Public Services
o Recreation
o Transportation/Traffic
EXHIBIT B PAGE 5 Page 1 5
Re: Fresno County Minnewawa Industrial Development
March 2, 2025
o Tribal Resources (it is assumed that the County will conduct Tribal
Consultation)
o Utilities and Service Systems
o Wildfire
Each environmental impact area will include a cumulative impact analysis that
will potentially result when combined with impacts of other projects that may
contribute to the magnitude of the particular impact. Crawford & Bowen will
discuss the incremental contribution of the project to cumulative effects of other
past, current, and planned or reasonably foreseeable projects in the vicinity.
Crawford & Bowen will work with Fresno County planning staff to compile an
updated list of cumulative projects. This may include both the Project List and/or
the Summary of Projections methods.
Chapter Four-Alternatives Analysis
Analysis of a reasonable range of alternatives to the proposed project will be
conducted according to section 15126(f) of the CEQA Guidelines. A "No Project"
alternative will be discussed per requirements of the CEQA Guidelines. Section
15126(f) limits the alternatives analysis to alternatives that will avoid or
substantially lessen any of the significant effects of the Preferred Alternative. In
addition to the No Project alternative, Crawford & Bowen proposes to evaluate
two alternatives to the proposed project that will meet these criteria. These
alternatives will be developed in close consultation with County staff and the
Applicant. They may include a reduced project alternative, increased density /
reduced land alternative, alternate location, or other. Crawford & Bowen will
develop reasonably detailed analyses of impacts associated with these
alternatives,by topic, in comparison with the proposed project.
As required by Section 15126(f), the ADEIR will identify the environmentally
superior alternative and, if that is the "No Project" alternative, the
environmentally superior alternative among the remaining alternatives.
A; Page 1 6
EXHIBIT B PAGE 6
Re: Fresno County Minnewawa Industrial Development
March 2, 2025
Chapter Five—Other CEQA Requirements
Crawford & Bowen will prepare the remaining CEQA-mandated sections
(growth inducing impacts, impacts that cannot be avoided, and mitigation
monitoring program).
Chapter Six-Persons and Agencies Consulted
This chapter includes a list of persons and agencies that were consulted to obtain
information used in preparation of the EIR.
Deliverable:ADEIR sections (word)
DELIVERABLE D
Task D-1 — Preparation of Screen- Check EIR (revisions based on comments): Upon
receipt of ADEIR comments from the County, Crawford & Bowen will make necessary
revisions and prepare the Screencheck Draft EIR for submittal to the County. This scope
of work assumes a maximum of two review cycles with compiled comments from
County staff on the ADEIR.
Deliverable: Screen-check Administrative Draft EIR (word and pdfl
Task D-2—Preparation of Public Draft EIR (final released with NOA): Upon approval
of the screen-check version of the ADEIR, C&B will prepare the Draft EIR for public
review. C&B will provide the list of applicable agencies to be included in the mailing
and will upload necessary documents, including the Notice of Availability, SCH Notice
of Completion and SCH Summary Form to the State Clearinghouse for public review. It
is assumed that the County will publish the NOA in the newspaper of choice and will
mail notices to Responsible Agencies and surrounding property owners.
,� � Page 1 7
EXHIBIT B PAGE 7
Re: Fresno County Minnewowa Industrial Development
March 2, 2025
Deliverable: 16 USB drives and 20 bound hard copies of the Draft EIR, 16 USB drives and 4
bound hard copies of the Appendices, Notice of Availability, SCH Notice of Completion (pdfl,
SCH Summary Form (pdj).
Task D-3 — Preparation of Admin Draft Final EIR: Pursuant to Section 15088 of the
CEQA Guidelines, the Final Environmental Impact Report (FEIR) must respond in
writing to each oral and written comment on the DEIR made by individuals, agencies,
and organizations that review it. If the number of comments exceed 20 pages of
comments, than an extra services request or amendment to the Agreement will be made
to address the additional work required. A cost estimate is provided herein which we
believe will be adequate for the task. If the level of response exceeds the expectation
described above, Crawford &Bowen can respond to those comments that are above and
beyond the threshold on a time-and-materials basis, or another mutually agreeable
formula. Crawford &Bowen will also prepare the Mitigation Monitoring and Reporting
Program.
Deliverable:Administrative Draft Final EIR (word and pdfl
Task D-4 — Preparation of Screen-Check Final EIR (revisions based on comments):
C&B will revise ADEIR per comments received from the County and submit a 'screen-
check Final EIR' to the County.
Deliverable: Screen-check Administrative Draft Final EIR (word)
Task D-5 — Preparation of Public Draft of Final EIR (to be included with Staff
Report): C&B will prepare the final public review draft of the Final EIR and submit to
the County.
Deliverable: 16 USB drives and 20 bound hard copies of the Final EIR
Task D-6 — Publication of NOA: C&B will provide to the County a list of applicable
agencies that should be included in the NOA mailing list. C&B will also prepare the
EXHIBIT B PAGE 8 Page 1 8
Re: Fresno County Minnewawa Industrial Development
March 2, 2025
notices required to submit the Final EIR to the SCH. It is assumed that the County will
send notices to Responsible Agencies and surrounding landowners.
Deliverable:NOA mailing list (word)
DELIVERABLE E
OPTIONAL: Task E-1 — Preparation of Environmental Portion of Staff Report,
Findings and Statement of Overriding Considerations: C&B will prepare findings for
each significant effect identified in the FEIR with a County-provided template. A draft
copy will be provided to the County for review and comments. C&B will finalize the
document as requested by the County.
Deliverable: Findings (word and pdfl
OPTIONAL: Task E-2 — Presentation at Planning Commission Meeting: C&B will be
available and to attend and present the EIR conclusions in a powerpoint presentation.
Deliverable:Attendance at PC meeting, powerpoint presentation
OPTIONAL: Task E-3 — Presentation at Board of Supervisor's Meeting: C&B will be
available and to attend and present the EIR conclusions in a powerpoint presentation.
Deliverable:Attendance at CC meeting, powerpoint presentation
DELIVERABLE F
OPTIONAL: Task F-1 — Preparation and filling of NOD: C&B assumes the County
will prepare and file the NOD. C&B will post to the State Clearinghouse.
EXHIBIT B PAGE 9
Page 9
Re: Fresno County Minnewawa Industrial Development
March 2, 2025
OPTIONAL: Task F-2 — Compilation of Administrative Record: C&B will maintain an
administrative record, including all correspondence during the project. The entire
administrative record will be turned over to the County in electronic format.
Deliverable: Compiled Administrative Record (pdfi
Schedule
The schedule below is conceptual in nature and will begin once a signed contract is in
place. There are many variables outside of our control (such as being dependent on
governmental agencies for traffic analysis turn-around times) that could impact the
schedule;however, a general schedule is provided.
Deliverable Week of submittal from date
of authorization
A 3
B Within two weeks of
receiving technical study.
C 16
D TBD
E TBD
F TBD
Cost Estimate
We propose to conduct the tasks outlined above on a fixed fee basis, of$75,300. The cost
estimate broken down by task is provided as Attachment B. Invoices will be sent as
applicable based on completed Deliverables. If tasks are requested outside of those
identified in this proposal, they can be performed under a separate scope and fee.
EXHIBIT B PAGE 10 Page ; 10
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