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HomeMy WebLinkAboutD-24-542 Consultant Contract Amendment 1 - Executed.pdf 1 FIRST AMENDMENT TO THE CONSULTANT AGREEMENT 2 Environmental Science Associates, Inc. 3 / This first Amendment to the Consultant Agreement (First Amendment) is dated 4 ,J ® (Effective Date) and is between Environmental Science Associates, 5 Inc., a California Corporation (Consultant), and the County of Fresno, a political subdivision of 6 the State of California (County). County and Consultant may be referred to individually as a 7 "Party," or collectively as"Parties," in this Agreement.Applicant is not a party to this Agreement. 8 RECITALS 9 A. County and Consultant entered into the Consultant Agreement (Agreement) dated 10 September 23, 2024, under which the Consultant was to prepare an Environmental Impact 11 Report (EIR) for County for a proposal by Rosemary Solar, LLC (Applicant). 12 B. Consultant and County desire to change in the scope of services and budget allocations 13 for Contract Deliverables for Applicant, pursuant to the previously entered Agreement to prepare 14 an EIR, and this modification is to reflect the direction given to Consultant by County. 15 C. Consultant and County desire to amend text in the Agreement as a result of the change 16 in the scope of services and budget allocations for Contract Deliverables. 17 D. Consultant understands that this First Amendment will address and augment the Work 18 Program, Compensation, and Extra Services, pursuant to the Agreement, that the County shall 19 pay the Consultant for all services performed by Consultant. 20 E. Consultant understands that this First Amendment is sufficient to amend the Agreement 21 and that, when both parties have signed this First Amendment, the Agreement and this First 22 Amendment shall be considered and shall constitute the Agreement. 23 F. Consultant understands that except as set forth in this Amendment, the Agreement is 24 unaffected and shall continue in full force and effect in accordance with its terms. If there is 25 conflict between this First Amendment and the Agreement, the terms of this First Amendment 26 will prevail. 27 28 First Amendment to the Consultant Agreement— Environmental Science Associates Inc. Page 1 of 5 1 G. Consultant understands that Applicant and County will adopt a first amendment to the 2 Applicant Agreement on the same date as this First Amendment to reflect the change in the 3 scope of services and budget allocations for Contract Deliverables. 4 AMENDMENTS TO THE AGREEMENT 5 Consultant and County agree to amend the Agreement as follows: 6 1. CHANGES TO EXHIBIT B WORK PROGRAM 7 A. Exhibit B, Page 11, after Deliverable J, the following is added: 8 Deliverable K: PG&E Helm to Crescent Reconductoring Project and associated 9 Task K1: Review of Technical Studies, and Task K2: Administrative Draft EIR. 10 B. Exhibit B, Page 12 after the Cost subsection of the Work Program "Table 2" has 11 been replaced with "Revised Table 2". 12 2. CHANGES TO EXHIBIT D COMPENSATION 13 A. Exhibit D, Page 2, after line 3, the following has been added: 14 (i) Contract Deliverable K: shall consist of all work performed by Consultant to 15 complete TASK K1-K2 identified in the Exhibit B Work Program concluding with 16 the submission of the administrative record. 17 B. Exhibit D, Page 3, after line 21 the following has been added: 18 (i) Contract Deliverable K: Upon receipt of proper invoice in accordance with 19 Contract Deliverable K and following acceptance, County shall pay Consultant 20 an amount not to exceed Thirty-One Thousand Four Hundred Sixty-Five 21 Dollars and Zero Cents ($31,465.00). The County shall pay Consultant said 22 amount pursuant to Section 3 of the Agreement. 23 3. CHANGES TO EXHIBIT E EXTRA SERVICES 24 A. Exhibit E, Page 1, lines 10 through 15 are deleted in their entirety and replaced with: 25 "The Extra Services which may be authorized are limited to those subjects set 26 forth in Exhibit B. Consultant shall not perform any Extra Services without prior 27 written authorization from the Director or the Director's designee. The total 28 charge for all such Extra Services shall not exceed the sum of Sixty-Eight First Amendment to the Consultant Agreement— Environmental Science Associates Inc. Page 2 of 5 I Thousand Eight Hunderd Sixty-Seven Dollars and Fifty Five Cents 2 ($68,867.55), approximately 15% of the Total Fee." 3 4. CHANGES TO AGREEMENT SECTION 3 COMPENSATION 4 A. Page 4, subsection A, beginning line 11 ending on line 12 before `("Total Fees with 5 Optional Tasks")' the text has been removed and replaced with the following: 6 in an amount not to exceed Four Hundred Fifty-Nine Thousand One Hundred 7 and Seventeen Dollars and Zero Cents ($459,117.00)" 8 5. Duly Authorized. The Consultant represents and warrants to County that: 9 (1) Consultant is duly authorized and empowered to sign and perform its 10 obligations under this First Amendment. 11 (2) The individual signing this First Amendment on behalf of Consultant is 12 duly authorized to do so and his or her signature on this First Amendment 13 legally binds Consultant to the terms of this First Amendment. 14 6. Electronic Signatures. The Parties agree that this First Amendment may be executed 15 by electronic signature as provided in this section. 16 (1) An "electronic signature" means any symbol or process intended by an 17 individual signing this First Amendment to represent their signature, 18 including but not limited to (a) a digital signature; (b) a faxed version of 19 an original handwritten signature; or (c) an electronically scanned and 20 transmitted (for example by PDF document) version of an original 21 handwritten signature. 22 (2) Each electronic signature affixed or attached to this First Amendment(a) 23 is deemed equivalent to a valid original handwritten signature of the 24 person signing this First Amendment for all purposes, including but not 25 limited to evidentiary proof in any administrative or judicial proceeding, 26 and (b) has the same force and effect as the valid original handwritten 27 signature of that person. 28 First Amendment to the Consultant Agreement— Environmental Science Associates Inc. Page 3 of 5 1 (3) The provisions of this section satisfy the requirements of Civil Code 2 section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act 3 (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). 4 (4) Each Party using a digital signature represents that it has undertaken and 5 satisfied the requirements of Government Code section 16.5, subdivision 6 (a), paragraphs (1) through (5), and agrees that each other Party may 7 rely upon that representation. 8 (5) This First Amendment is not conditioned upon the Parties conducting the 9 transactions under it by electronic means and either Party may sign this 10 First Amendment with an original handwritten signature. 11 7. Counterparts. This First Amendment may be signed in counterparts, each of which is 12 an original, and all of which together constitute this First Amendment. 13 8. Provisions in Full Force. The Agreement as amended by this First Amendment is 14 ratified and continued. All provisions of the Agreement and not amended by this First 15 Amendment remain in full force and effect. 16 [Signature page follows.] 17 18 19 20 21 22 23 24 25 26 27 28 First Amendment to the Consultant Agreement— Environmental Science Associates Inc. Page 4 of 5 1 In witness whereof, the Parties are signing this Agreement as of the Effective Date. 2 3 CONSULTANT: COUNTY OF FRESNO: Environmental Science Associates, Inc. Dept. of Public Works and Planning 4 5 6 BY. I,<OS,.i' )T BY: 8 JANNA A. SCOTT STEVEN E. WHiTVE, PLS DIRECTOR DIRECTOR 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 First Amendment to the Consultant Agreement— Environmental Science Associates Inc. Page 5 of 5 EXHIBIT B Including Revised Table 2 EIR No.8575,Rosemary Solar and Energy Storage System Complex Project Consultant Agreement Modification 1 I. Supplemental Scope of Work ESA will support the County's implementation of the actions needed to analyze the potential CEQA impacts of the PG&E Helm to Crescent Reconductoring Project by adding a new Task K to ESA's approved scope of work. Proposed services and deliverables are described below. Contract Deliverable K: PG&E Helm to Crescent Reconductoring Project TASK K1. REVIEW OF TECHNICAL STUDIES ESA understands that Rosemary Solar,LLC is preparing,and will provide for County review,the following six technical studies to support the CEQA analysis of PG&E Helm to Crescent Reconductoring Project: 1. Aesthetics/Visual Resources Assessment 2. Air Quality and Greenhouse Gas(GHG)emissions modeling and report; 3. Aquatic Resources Delineation(ARD); 4. Biological Resources Technical Report; 5. Cultural Resources Assessment; 6. Noise/Acoustical Assessment. Consistent with ESA's work on(approved)Contract Deliverable B,Review of Technical Studies, ESA will independently review the six new technical reports to determine their suitability for reliance,in combination with other expertise and materials, in the EIR.ESA assumes that all material and technical reports for preparation of the EIR(including GIS layers, worksheets, and cited reference materials)will be provided and the experts preparing the studies will be identified and, if requested, authors' resumes would be provided for inclusion in the record. If clarification or additional information is needed,ESA will submit a data request. If no clarification or additional information is needed,then ESA will document that conclusion. ESA assumes that the technical reports will be complete and of high quality,and that no more than two requests for clarification would be needed among the six reports.Any data request would be submitted within 10 working days of receipt of the technical report. ESA assumes that Rosemary Solar,LLC's response to any data request would be delivered within 10 working days of submittal of the request. TASK K2.ADMINISTRATIVE DRAFT EIR For(approved)Contract Deliverable D,Administrative Draft EIR, ESA will prepare a single Administrative Draft EIR in electronic format for County review and comment,and anticipates that the County would,in its discretion, share the full Administrative Draft EIR with Rosemary Solar,LLC to ensure factual accuracy relative to the project description,the potential reasonableness and feasibility of any mitigation measures, and other issues. ESA will coordinate with Rosemary Solar,LLC to develop a project description that contains sufficient detail about the PG&E Helm to Crescent Reconductoring Project to inform the CEQA process.Necessary details will relate to site preparation and other ground disturbance,helicopter use, and other aspects of the proposal,including workforce and equipment estimates, water and other utility and public service needs,and PG&E's proposed best practices to avoid or substantially reduce potential significant impacts on the resources that could be affected by the proposed work. 2 EIR No.8575,Rosemary Solar and Energy Storage System Complex Project Consultant Agreement Modification 1 ESA will evaluate each of the resource areas identified in the CEQA Guidelines Appendix G environmental checklist. The analysis of each resource area will describe the environmental setting and regulatory setting, and will evaluate the potential direct, indirect, and cumulative impacts of the PG&E Helm to Crescent Reconductoring Project. The cumulative effects analysis will consider whether past, other present, or reasonably foreseeable future projects would cause impacts that could combine with the impacts of the project as a whole to cause or contribute to any potential significant cumulative impacts. ESA will develop the cumulative scenario in coordination with County staff. The process may include targeted outreach via email or telephone. ESA assumes that the proposed PG&E work would be "self-mitigating,"such that the implementation of best practices proposed as part of the project would be sufficient to ensure that impacts of the PG&E Helm to Crescent Reconductoring Project would be less than significant. If,however,the analysis identifies one or more potential significant impacts,then ESA will meet and confer with the County and Rosemary Solar,LLC regarding project refinements that could be incorporated as well as the CEQA implications of identifying a potential significant impact in an area where oversight of mitigation implementation is exclusively the responsibility of a different agency(i.e.,the California Public Utilities Commission). Schedule and costs assume that up to two PG&E project-focused coordination calls(up to one hour each) may be needed amongst the County, Rosemary Solar,LLC, and ESA and that up to three(3) ESA specialists with expertise in the relevant matters would participate. Additional coordination with section authors also may be needed to clarify related aspects of the overall project. II. Schedule Integration This scope of work does not affect the durations reflected in the approved scope of work but may extend the overall schedule to accommodate the necessary additional reviews and drafting proposed in Section 1.To stay on the current schedule,ESA anticipates that all of the technical reports would be received on or before December 2, 2024, and that all reviews would be complete and reports accepted by the end of December 2024. ESA will continue to coordinate schedule updates with the County and Rosemary Solar,LLC for project planning purposes. III.Cost of Supplemental Scope of Work, Compensation The cost of implementing the supplemental scope of work is $31,465 based on approved contact rates for the project. ESA will submit a single invoice for Contract Deliverable K upon the last to be submitted of the following documents: • Brief technical review memos documenting recommendation of County acceptance of the report as part of the CEQA process(one memo per report described in Task K 1) • Up to two requests for clarification or supplemental data total(Task K1) • The Administrative Draft EIR that is Contract Deliverable D in the approved scope of work(Task K2) 3 ESA Labor Detail and Expense Summary Contract Deliverable K Employee Names Labor Category Total Hours Labor Price Task# Task Name/Description K1 Review of Technical Studies - $ - A Visual Resources Technical Report 13.00 $ 3,365 B AQ/GHG emissions modeling and report 13.00 $ 3,101 C Aquatic Resources Delineation 6.00 $ 1,758 D Biological Resources Technical Report 11.00 $ 3,223 E Cultural Resources Report 9.00 $ 1,661 F Noise Analysis 13.00 $ 3,101 K2 Administrative Draft EIR - $ - Chapter 2,Project Description 4.00 $ 1,054 Section 3.1,Intro to Analysis,including cumulative scenario 4.00 $ 898 Section 3.2,Aesthetics 2.00 $ 512 Section 3.3,Ag and Forestry 2.00 $ 506 Section 3.4,Air Quality 3.00 $ 702 Section 3.5,Biological Resources 2.00 $ 586 Section 3.6,Cultural and Tribal Cultural Resources 4.00 $ 818 Section 3.7,Energy 1.00 $ 234 Section 3.8,Geology,Soils,and Paleontological Resources 1.00 $ 265 Section 3.9,GHG 3.00 $ 702 Section 3.10,Hazards and Hazardous Materials 1.00 $ 265 Section 3.11,Hydrology and Water Quality 1.00 $ 265 Section 3.12,Land Use and Planning 1.00 $ 278 Section 3.13,Mineral Resources 1.00 $ 143 Section 3.14,Noise 4.00 $ 936 Section 3.15,Population and Housing 1.00 $ 156 Section 3.16,Public Services 2.00 $ 312 Section 3.17,Recreation 1.00 $ 156 Section 3.18,Transportation 1.00 $ 234 Section 3.19,Utilities and Service Systems 2.00 $ 312 Section 3.20,Wildfire 4.00 $ 1,112 Technical editing,graphics,production 2.00 $ 384 QA/QC ADEIR 15.00 $ 3,510 Total Hours 127 Total Labor Costs $ 30,549 Percent of Effort-Labor Hours Only 100.0% Data Management Fee(3%) $ 916 Total Cost $ 31,465 H:Z:\Shared\Projects\2023\D202301423.00-Rosemary Solar and Battery System Project\01 Project Management\Contracts\Contract Mods\Table 1_Rosemary_Costs Mod 1_2024_1111-ESA Labor Cost&Project Total REVISED Table 2:Contract Deliverables-Rosemary Solar and Storage System CEOA Process Incremental Task Flat fee to be paid in eight installments,one for each of eight contract deliverables. Costs* Contract Deliverable A:Project Kickoff Kick-off meeting agenda $ 2,762 $ 5,931 Distribution list $ 2,089 3%of Project Management costs $ 1,080 Non-labor expenses $ - Contract Deliverable B:Review of Technical Studies One review memorandum per Applicant-provided technical report $ 22,717 $ 30,915 Up to ten(10)follow-up review memoranda $ 5,679 7%of Project Management costs $ 2,519 Non-labor expenses $ - Contract Deliverable C:Scoping Notifications(NOP,NOC) $ 1,929 Scoping Meeting Presentation Materials $ 6,876 $ 17,638 Scoping Report $ 4,460 4%of Project Management costs $ 1,439 Non-labor expenses $ 2,933 Contract Deliverable D:Administrative Draft EIR Administrative Draft EIR $ 251,155 $ 273,466 62%of Project Management costs $ 22,311 Non-labor expenses $ - Contract Deliverable E:Draft EIR and Notices Screen check Draft EIR $ 8,219 Draft EIR,including cited reference materials $ 6,275 $ 22,620 Notices(NOC,NOA,legal advertisement) $ 2,298 6%of Project Management costs $ 2,159 Non-labor expenses $ 3,669 Contract Deliverable F:Administrative Final EIR Administrative Final EIR $ 26,491 $ 28,650 6%of Project Management costs $ 2,159 Non-labor expenses $ - Contract Deliverable G: Final EIR Screen check Final EIR $ 8,142 Final EIR,including cited reference materials $ 4,501 $ 15,705 NOC $ 530 4%of Project Management costs $ 1,439 Non-labor expenses $ 1,092 Contract Deliverable H:Decision Support Draft CEQA Content for Staff Report,including Draft MMRP $ 7,169 Draft CEQA Findings $ 8,831 Hearing Support $ 12,535 $ 32,727 Notice of Determination(NOD) $ 348 Optional Task:Administrative Record Support(not included in total price) $ 14,635 8%of Project Management costs 1 $ 2,879 Non-labor expenses $ 965 Contract Deliverable K:PG&E Helm to Crescent Reconductoring Project One review memorandum per each of six Applicant-provided technical reports $ 12,521 $ 31,465 Up to two(2)follow-up review memoranda $ 4,174 Submittal of the Administrative Draft EIR described in Contract Deliverable D $ 14,770 $ 459,117 TOTAL *Note:The sum of the incremental task costs differs form the total cost by$2 as a result of rounding to the next whole dollar. The sum of the contract deliverable costs(the milestone payment amounts)equal the total price shown. Scope of Work,Schedule,and Cost:Rosemary Solar and Storage System Environmental Science Associates November 11,2024 Exhibit D (REV1) Compensation Consultant will be compensated for performance of its services under this Agreement as provided in this Exhibit D (REV1). Consultant is not entitled to any compensation except as expressly provided in this Exhibit D (REV1). 1. Contract Deliverables: to occur in eight increments (a) Contract Deliverable A: (Project Kick-Off) shall consist of all work performed by Consultant to complete TASKS Al-A4 identified in the Exhibit B Work Program concluding with the end of the Public Scoping period. (b) Contract Deliverable B: shall consist of all work performed by Consultant to complete TASKS B1-134 identified in the Exhibit B Work Program concluding with the close of the Public Review Period for the Draft EIR. (c) Contract Deliverable C: shall consist of all work performed by Consultant to complete TASK CI-05 as identified in the Exhibit B Work Program concluding with the publication of the Final EIR. (d) Contract Deliverable D: shall consist of all work performed by Consultant to complete TASK D1- D3 identified in the Exhibit B Work Program concluding with submission of the administrative record. (e) Contract Deliverable E: shall consist of all work performed by Consultant to complete TASK E 1- E5 identified in the Exhibit B Work Program concluding with submission of the administrative record. (f) Contract Deliverable F: shall consist of all work performed by Consultant to complete TASK F1-F3 identified in the Exhibit B Work Program concluding with submission of the administrative record. (g) Contract Deliverable G: shall consist of all work performed by Consultant to complete TASK G1-G5 identified in the Exhibit B Work Program concluding with submission of the administrative record. (h) Contract Deliverable H: shall consist of all work performed by Consultant to complete TASK H1-H6 identified in the Exhibit B Work Program concluding with submission of the administrative record. Payment for Contract Deliverables: Upon execution of this Agreement by the Parties hereto and thereafter upon Consultant's completion of each Contract Deliverable, Consultant shall confirm, in writing, with Director or Director's designee, prior to Consultant's performance of any services under a Contract Deliverable, that the sum representing Applicant's incremental payment for that Contract Deliverable of work to be performed by Consultant has been received by County from Applicant. This total sum shall be paid to Consultant as follows: (a) Contract Deliverable A: Upon receipt of a proper invoice in accordance with Contract Deliverable A and following acceptance, County shall pay Consultant an amount not to exceed Five Thousand Nine Hundred Thirty-One Dollars and no cents ($5,931.00). The County shall pay Consultant said amounts pursuant to Section 3 of the Agreement. (b) Contract Deliverable B: Upon receipt of a proper invoice in accordance with Contract Deliverable B and following acceptance, County shall pay Consultant an amount not to exceed Thirty Thousand Nine Hundred Fifteen Dollars and no cents ($30,915.00). The County shall pay Consultant said amount pursuant to Section 3 of the Agreement. (c) Contract Deliverable C: Upon receipt of a proper invoice in accordance with Contract Deliverable C and following acceptance, County shall pay Consultant an amount not to exceed an amount not to exceed Seventeen Thousand Six-Hundred Thirty- Eight Dollars and no cents ($17,638.00). The County shall pay Consultant said amount pursuant to Section 3 of the Agreement. (d) Contract Deliverable D: Upon receipt of a proper invoice in accordance with Contract Deliverable D and following acceptance, County shall pay Consultant an amount not to exceed Two Hundred Seventy-Three Thousand Four Hundred Sixty-Six Dollars and no cents ($273,466.00). The County shall pay Consultant said amount pursuant to Section 3 of the Agreement. (e) Contract Deliverable E: Upon receipt of a proper invoice in accordance with Contract Deliverable E and following acceptance, County shall pay Consultant an amount not to exceed Twenty Two Thousand Six-Hundred Twenty Dollars and no cents ($22,620.00). The County shall pay Consultant said amount pursuant to Section 3 of the Agreement. (f) Contract Deliverable F: Upon receipt of a proper invoice in accordance with Contract Deliverable F and following acceptance, County shall pay Consultant an amount not to exceed Twenty Eight Thousand Six-Hundred Fifty Dollars and no cents ($28,650.00). The County shall pay Consultant said amount pursuant to Section 3 of the Agreement. (g) Contract Deliverable G: Upon receipt of a proper invoice in accordance with Contract Deliverable G and following acceptance, County shall pay Consultant an amount not to exceed Fifteen Thousand Seven-Hundred Five Dollars and no cents ($15,705.00). The County shall pay Consultant said amount pursuant to Section 3 of the Agreement. (h) Contract Deliverable H: Upon receipt of a proper invoice in accordance with Contract Deliverable H and following acceptance, County shall pay Consultant an amount not to exceed Thirty-Two Thousand Seven-Hundred Twenty-Seven Dollars and no cents ($32,727.00). The County shall pay Consultant said amount pursuant to Section 3 of the Agreement. (k) Contract Deliverable K: Upon receipt of a proper invoice in accordance with Contract Deliverable K and following acceptance, County shall pay Consultant an amount not to exceed Thirty-one Thousand Four-Hundred Sixty-Five Dollars and no cents ($31,465.00). The County shall pay Consultant said amount pursuant to Section 3 of the Agreement. First Amendment to Consultant Agreement - Rosemary Solar (D202301423) Final Audit Report 2025-04-01 Created: 2025-04-01 By: Sheena Lau(slau@esassoc.com) Status: Signed Transaction ID: CBJCHBCAABAA4V7YM6kDcLw-WCPYBUYSUJwI01S-CaOS "First Amendment to Consultant Agreement - Rosemary Solar D202301423)" History Document created by Sheena Lau (slau@esassoc.com) 2025-04-01-10:23:14 PM GMT-IP address:199.27.32.220 Document emailed to Janna Scott Uscott@esassoc.com)for signature 2025-04-01-10:23:46 PM GMT Email viewed by Janna Scott Qscott@esassoc.com) 2025-04-01-10:24:46 PM GMT-IP address:45.62.187.233 Document e-signed by Janna Scott ascott@esassoc.com) Signature Date:2025-04-01-10:24:56 PM GMT-Time Source:server-IP address:45.62.187.233 Agreement completed. 2025-04-01-10:24:56 PM GMT Powered by Adobe Acrobat Sign EXHIBIT B Including Revised Table 2 EIR No.8575,Rosemary Solar and Energy Storage System Complex Project Consultant Agreement Modification 1 I. Supplemental Scope of Work ESA will support the County's implementation of the actions needed to analyze the potential CEQA impacts of the PG&E Helm to Crescent Reconductoring Project by adding a new Task K to ESA's approved scope of work. Proposed services and deliverables are described below. Contract Deliverable K: PG&E Helm to Crescent Reconductoring Project TASK Ki. REVIEW OF TECHNICAL STUDIES ESA understands that Rosemary Solar,LLC is preparing,and will provide for County review,the following six technical studies to support the CEQA analysis of PG&E Helm to Crescent Reconductoring Project: 1. Aesthetics/Visual Resources Assessment 2. Air Quality and Greenhouse Gas(GHG)emissions modeling and report; 3. Aquatic Resources Delineation(ARD); 4. Biological Resources Technical Report; 5. Cultural Resources Assessment; 6. Noise/Acoustical Assessment. Consistent with ESA's work on(approved) Contract Deliverable B,Review of Technical Studies, ESA will independently review the six new technical reports to determine their suitability for reliance,in combination with other expertise and materials,in the EIR. ESA assumes that all material and technical reports for preparation of the EIR(including GIS layers, worksheets, and cited reference materials)will be provided and the experts preparing the studies will be identified and, if requested, authors' resumes would be provided for inclusion in the record. If clarification or additional information is needed,ESA will submit a data request. If no clarification or additional information is needed,then ESA will document that conclusion. ESA assumes that the technical reports will be complete and of high quality,and that no more than two requests for clarification would be needed among the six reports.Any data request would be submitted within 10 working days of receipt of the technical report.ESA assumes that Rosemary Solar,LLC's response to any data request would be delivered within 10 working days of submittal of the request. TASK K2.ADMINISTRATIVE DRAFT EIR For(approved)Contract Deliverable D,Administrative Draft EIR, ESA will prepare a single Administrative Draft EIR in electronic format for County review and comment,and anticipates that the County would,in its discretion,share the full Administrative Draft EIR with Rosemary Solar,LLC to ensure factual accuracy relative to the project description,the potential reasonableness and feasibility of any mitigation measures,and other issues. ESA will coordinate with Rosemary Solar,LLC to develop a project description that contains sufficient detail about the PG&E Helm to Crescent Reconductoring Project to inform the CEQA process.Necessary details will relate to site preparation and other ground disturbance,helicopter use, and other aspects of the proposal, including workforce and equipment estimates,water and other utility and public service needs,and PG&E's proposed best practices to avoid or substantially reduce potential significant impacts on the resources that could be affected by the proposed work. 2 EIR No.8575,Rosemary Solar and Energy Storage System Complex Project Consultant Agreement Modification 1 ESA will evaluate each of the resource areas identified in the CEQA Guidelines Appendix G environmental checklist. The analysis of each resource area will describe the environmental setting and regulatory setting, and will evaluate the potential direct, indirect, and cumulative impacts of the PG&E Helm to Crescent Reconductoring Project. The cumulative effects analysis will consider whether past, other present, or reasonably foreseeable future projects would cause impacts that could combine with the impacts of the project as a whole to cause or contribute to any potential significant cumulative impacts. ESA will develop the cumulative scenario in coordination with County staff. The process may include targeted outreach via email or telephone. ESA assumes that the proposed PG&E work would be"self-mitigating,"such that the implementation of best practices proposed as part of the project would be sufficient to ensure that impacts of the PG&E Helm to Crescent Reconductoring Project would be less than significant. If,however,the analysis identifies one or more potential significant impacts,then ESA will meet and confer with the County and Rosemary Solar,LLC regarding project refinements that could be incorporated as well as the CEQA implications of identifying a potential significant impact in an area where oversight of mitigation implementation is exclusively the responsibility of a different agency(i.e.,the California Public Utilities Commission). Schedule and costs assume that up to two PG&E project-focused coordination calls(up to one hour each) may be needed amongst the County, Rosemary Solar,LLC, and ESA and that up to three(3)ESA specialists with expertise in the relevant matters would participate. Additional coordination with section authors also may be needed to clarify related aspects of the overall project. II. Schedule Integration This scope of work does not affect the durations reflected in the approved scope of work but may extend the overall schedule to accommodate the necessary additional reviews and drafting proposed in Section 1.To stay on the current schedule, ESA anticipates that all of the technical reports would be received on or before December 2, 2024,and that all reviews would be complete and reports accepted by the end of December 2024.ESA will continue to coordinate schedule updates with the County and Rosemary Solar,LLC for project planning purposes. III.Cost of Supplemental Scope of Work, Compensation The cost of implementing the supplemental scope of work is$31,465 based on approved contact rates for the project. ESA will submit a single invoice for Contract Deliverable K upon the last to be submitted of the following documents: • Brief technical review memos documenting recommendation of County acceptance of the report as part of the CEQA process(one memo per report described in Task K1) • Up to two requests for clarification or supplemental data total(Task K1) • The Administrative Draft EIR that is Contract Deliverable D in the approved scope of work(Task K2) 3 ESA Labor Detail and Expense Summary Contract Deliverable K Employee Names Labor Category Total Hours Labor Price Task# Task Name/Description K1 Review of Technical Studies - $ - A Visual Resources Technical Report 13.00 $ 3,365 B AQ/GHG emissions modeling and report 13.00 $ 3,101 C Aquatic Resources Delineation 6.00 $ 1,758 D Biological Resources Technical Report 11.00 $ 3,223 E Cultural Resources Report 9.00 $ 1,661 F Noise Analysis 13.00 $ 3,101 K2 Administrative Draft EIR - $ - Chapter 2,Project Description 4.00 $ 1,054 Section 3.1,Intro to Analysis,including cumulative scenario 4.00 $ 898 Section 3.2,Aesthetics 2.00 $ 512 Section 3.3,Ag and Forestry 2.00 $ 506 Section 3.4,Air Quality 3.00 $ 702 Section 3.5,Biological Resources 2.00 $ 586 Section 3.6,Cultural and Tribal Cultural Resources 4.00 $ 818 Section 3.7,Energy 1.00 $ 234 Section 3.8,Geology,Soils,and Paleontological Resources 1.00 $ 265 Section 3.9,GHG 3.00 $ 702 Section 3.10,Hazards and Hazardous Materials 1.00 $ 265 Section 3.11,Hydrology and Water Quality 1.00 $ 265 Section 3.12,Land Use and Planning 1.00 $ 278 Section 3.13,Mineral Resources 1.00 $ 143 Section 3.14,Noise 4.00 $ 936 Section 3.15,Population and Housing 1.00 $ 156 Section 3.16,Public Services 2.00 $ 312 Section 3.17,Recreation 1.00 $ 156 Section 3.18,Transportation 1.00 $ 234 Section 3.19,Utilities and Service Systems 2.00 $ 312 Section 3.20,Wildfire 4.00 $ 1,112 Technical editing,graphics,production 2.00 $ 384 QA/QC ADEIR 15.00 $ 3,510 Total Hours 127 Total Labor Costs $ 30,549 Percent of Effort-Labor Hours Only 100.0% Data Management Fee(3%) $ 916 Total Cost $ 31,465 H:Z:\Shared\Projects\2023\D202301423.00-Rosemary Solar and Battery System Project\01 Project Management\Contracts\Contract Mods\Table 1_Rosemary_Costs Mod 1_2024_1 11 1-ESA Labor Cost&Project Total REVISED Table 2:Contract Deliverables-Rosemary Solar and Storage System CEQA Process Incremental Task Flat fee to be paid in eight installments,one for each of eight contract deliverables. Costs' Contract Deliverable A:Project Kickoff Kick-off meeting agenda $ 2,762 $ 5,931 Distribution list $ 2,089 3%of Project Management costs $ 1,080 Non-labor expenses $ - Contract Deliverable B:Review of Technical Studies One review memorandum per Applicant-provided technical report $ 22,717 $ 30,915 Up to ten(10)follow-up review memoranda $ 5,679 7%of Project Management costs $ 2,519 Non-labor expenses $ - Contract Deliverable C:Scoping Notifications(NOP,NOC) $ 1,929 Scoping Meeting Presentation Materials $ 6,876 $ 17,638 Scoping Report $ 4,460 4%of Project Management costs $ 1,439 Non-labor expenses $ 2,933 Contract Deliverable D:Administrative Draft EIR Administrative Draft EIR $ 251,155 $ 273,466 62%of Project Management costs $ 22,311 Non-labor expenses $ - Contract Deliverable E:Draft EIR and Notices Screen check Draft EIR $ 8,219 Draft EIR,including cited reference materials $ 6,275 $ 22,620 Notices(NOC,NOA,legal advertisement) $ 2,298 6%of Project Management costs $ 2,159 Non-labor expenses $ 3,669 Contract Deliverable F:Administrative Final EIR Administrative Final EIR $ 26,491 $ 28,650 6%of Project Management costs $ 2,159 Non-labor expenses $ - Contract Deliverable G: Final EIR Screen check Final EIR $ 8,142 Final EIR,including cited reference materials $ 4,501 $ 15,705 NOC $ 530 4%of Project Management costs $ 1,439 Non-labor expenses $ 1,092 Contract Deliverable H:Decision Support Draft CEQA Content for Staff Report,including Draft MMRP $ 7,169 Draft CEQA Findings $ 8,831 Hearing Support $ 12,535 $ 32,727 Notice of Determination(NOD) $ 348 Optional Task:Administrative Record Support(not included in total price) $ 14,635 8%of Project Management costs $ 2,879 Non-labor expenses $ 965 Contract Deliverable K:PG&E Helm to Crescent Reconductoring Project One review memorandum per each of six Applicant-provided technical reports $ 12,521 $ 31,465 Up to two(2)follow-up review memoranda $ 4,174 Submittal of the Administrative Draft EIR described in Contract Deliverable D $ 14,770 $ 459,117 TOTAL 'Note:The sum of the incremental task costs differs form the total cost by$2 as a result of rounding to the next whole dollar. The sum of the contract deliverable costs(the milestone payment amounts)equal the total price shown. Scope of Work,Schedule,and Cost:Rosemary Solar and Storage System Environmental Science Associates November 11,2024