HomeMy WebLinkAboutCEMEX Consultant 2nd Amendment.pdf 1 AMENDMENT NO. 2 TO THE CONSULTANT AGREEMENT
2 Benchmark Resources
3 This Amendment No. 2 to the Consultant Agreement(Amendment No. 2) is dated
4 pe(- jlII,d- -5 (Effective Date) and is between Benchmark Land Use Group, Inc., dba
5 Benchmark Resources, (Consultant),and the County of Fresno, a political subdivision of the State
6 of California (County). County and Consultant may be referred to individually as a "Party," or
7 collectively as "Parties," in this Amendment No. 2. Applicant is not a party to this the Agreement
8 or Amendment No. 2
9 RECITALS
10 A. County and Consultant entered into the Consultant Agreement(Agreement) dated March
11 20, 2020, for the Consultant to prepare an Environmental Impact Report (EIR) for County for a
12 proposal by CEMEX Construction Materials Pacific, LLC., (Applicant) and was Amended on
13 October 27, 2022 (Amendment No. 1)to change the scope of services and budget allocations for
14 Contract Deliverables.
15 B. Consultant and County desire to the change in the scope of services and budget
16 allocations for Contract Deliverables for Applicant pursuant to the previously entered Agreement
17 to prepare an EIR.
18 C. Consultant and County desire to amend text in the Agreement because of the change in
19 the scope of services and budget allocations for Contract Deliverables.
20 D. Consultant understands that this Amendment No. 2 will address and/or augment the basic
21 fee, pursuant to the Amendment No. 1, that the County shall pay the Consultant for all services
22 performed by consultant, as well as those fees provided in subsection 3.E and Exhibit D of the
23 Agreement(Extra Services).
24 E. Consultant understands that Applicant and County will adopt a second amendment to the
25 Applicant Agreement on the same date as this Amendment No. 2 to reflect the change in the
26 scope of services and budget allocations for Contract Deliverables.
27 F. Consultant understands that except as set forth in this Amendment, the Agreement is
28 unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict
Amendment No. 2 to the Consultant Agreement—Benchmark Resources
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1 between this Amendment No. 2 and the Agreement, the terms of this Amendment No.2 will
2 prevail.
3 AMENDMENTS TO THE AGREEMENT
4 Consultant and County agree to amend the Agreement as follows:
5 1. Changes to Exhibits
6 A. Exhibit B, Page 7 removes Tasks 7, 8 and 9 descriptions and replaces them with Tasks
7 7, 8, and 9 descriptions from Pages 2 through 4 of Exhibit A-3 of this Amendment.
8 B. Exhibit B Page 11 updates the Project Milestones and Payment Tracker to add
9 additional Milestones 6 through 15 from Page 6 of Exhibit A-3 of this Amendment.
10 The term Milestones is also changed to be called Deliverables.
11 2. Section 3.A of the Agreement, originally located at page 2 line 22 through page 3 line 5 of
12 Amendment 1 is deleted in its entirety and replaced with the following:
13 A. For the services performed by CONSULTANT pursuant to this AGREEMENT,
14 COUNTY shall pay CONSULTANT a basic fee which shall be a flat fee in the total sum
15 of One Million One Hundred Thirty One Thousand Nine Hundred and Seventy Four
16 Dollars and no cents ($1,131,974.00). This flat fee is the entire consideration to be
17 paid by COUNTY to CONSULTANT for all services performed by CONSULTANT,
18 except as otherwise provided in subsection 3.D of this AGREEMENT (EXHIBIT D
19 EXTRA SERVICES). In the event the PARTIES hereto disagree as to whether certain
20 services are included in the basic fee, DIRECTOR shall, in DIRECTOR's reasonable
21 discretion, make the determination as to the characterization of such services.
22 DIRECTOR will be guided by, but not be required to follow CONSULTANT'S WORK
23 PROGRAM as found in EXHIBIT B of this AGREEMENT in determining whether
24 certain services are included in the basic fee. DIRECTOR's determination shall be
25 conclusive and binding upon the PARTIES hereto.
26 3. Section 3.D subsection (5) and subsection (6) of the Agreement located at page 3 line 8
27 through page 4 line 4 of Amendment 1 is deleted in its entirety and replaced with the
28 following:.
Amendment No. 2 to the Consultant Agreement—Benchmark Resources
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1 (5) Contract Deliverable V consisted of work performed by CONSULTANT to
2 complete a part of Task 7 as identified in the Exhibit A-3 BUDGET AMENTMENT
3 NO. 2 Table. Contract Deliverable V is considered delivered and complete prior to
4 signing of this Agreement. COUNTY has paid CONSULTANT, for Contract
5 Deliverables V as outlined below.
6 (6) Contract Deliverable VI shall consist of all work performed by
7 CONSULTANT to complete a part of TASK 7 as identified in Exhibit A-3 BUDGET
8 AMENDMENT NO. 2 Table.
9 (7) Contract Deliverable VII shall consist of all work performed by
10 CONSULTANT to complete a part of TASK 7 as identified in Exhibit A-3 BUDGET
11 AMENDMENT NO. 2 Table.
12 (8) Contract Deliverable VIII shall consist of all work performed by
13 CONSULTANT to complete a part of TASK 7 as identified in Exhibit A-3 BUDGET
14 AMENDMENT NO. 2 Table.
15 (9) Contract Deliverable IX shall consist of all work performed by
16 CONSULTANT to complete a part of TASK 7 as identified in Exhibit A-3 BUDGET
17 AMENDMENT NO. 2 Table.
18 (10) Contract Deliverable X shall consist of all work performed by
19 CONSULTANT to complete a part of TASK 7 as identified in Exhibit A-3 BUDGET
20 AMENDMENT NO, 2 Table.
21 (11) Contract Deliverable XI shall consist of all work performed by
22 CONSULTANT to complete a part of TASK 7 as identified in Exhibit A-3 BUDGET
23 AMENDMENT NO. 2 Table.
24 (12) Contract Deliverable XII shall consist of all work performed by
25 CONSULTANT to complete a part of TASK 8 as identified in Exhibit A-3 BUDGET
26 AMENDMENT NO. 2 Table.
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Amendment No. 2 to the Consultant Agreement—Benchmark Resources
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1 (13) Contract Deliverable XIII shall consist of all work performed by
2 CONSULTANT to complete a part of TASK 8 as identified in Exhibit A-3 BUDGET
3 AMENDMENT NO. 2 Table.
4 (14) Contract Deliverable XIV shall consist of all work performed by
5 CONSULTANT to complete a part of TASK 8 as identified in Exhibit A-3 BUDGET
6 AMENDMENT NO. 2 Table.
7 (15) Contract Deliverable XV shall consist of all work performed by
8 CONSULTANT to complete a part of TASK 8 as identified in Exhibit A-3 BUDGET
9 AMENDMENT NO. 2 Table.
10 (16) Upon execution of this AGREEMENT by the PARTIES hereto and
11 thereafter upon CONSULTANT'S completion of each Contract Deliverable,
12 CONSULTANT shall confirm, in writing, with DIRECTOR or DIRECTOR's
13 designee, prior to CONSULTANT's performance of any services un a Contract
14 Deliverable,that the sum representing APPLICANT's incremental payment for that
15 Contract Deliverable of work to be performed by CONSULTANT has been received
16 by COUNTY from APPLICANT. This total sum shall be paid to CONSUTLANT as
17 follows:
18 (a) Contract Deliverable I: COUNTY has paid CONSULTANT, for Contract
19 Deliverables I in the sum of Fifty-Six Thousand Six Hundred Fifty dollars and
20 no cents ($56,650.00).
21 (b) Contract Deliverable II: COUNTY has paid CONSULTANT, for Contract
22 Deliverables II in the sum of One Hundred Fifty-Nine Thousand Three Hundred
23 Seventy Nine dollars and no cents ($159,379.00).
24 (c) Contract Deliverable III: COUNTY has paid CONSULTANT, for Contract
25 Deliverables III in the sum of One Hundred Eighty-Nine Thousand Four
26 Hundred Ten dollars and no cents ($189,410.00), approximately 28.8% of the
27 total amount of the basic fee.
28
Amendment No. 2 to the Consultant Agreement— Benchmark Resources
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1 (d) Contract Deliverable IV: COUNTY has paid CONSULTANT, for Contract
2 Deliverables IV in the sum of Fifty Three Thousand One Hundred dollars and
3 no cents ($53,100.00).
4 (e) Contract Deliverable V: COUNTY has paid CONSULTANT, for Contract
5 Deliverables V in the sum of One Hundred Eighteen Thousand Four Hundred
6 Thirty Five dollars and no cents ($118,435.00).
7 (f) Contract Deliverable VI: Upon receipt of a proper invoice following acceptance
8 of Contract Deliverable VI, COUNTY shall pay CONSULTANT said amount
9 pursuant to 3.D.(5), above. The sixth payment of CONSULTANT shall consist
10 of One Hundred Twenty One Thousand Four Hundred Dollars and no cents
11 ($121,400.00).
12 (g) Contract Deliverable VII: Upon receipt of a proper invoice following acceptance
13 of Contract Deliverable VII, COUNTY shall pay CONSULTANT said amount
14 pursuant to 3.D.(5), above. The seventh payment of CONSULTANT shall
15 consist of One Hundred One Thousand Four Hundred Dollars and no cents
16 ($101,400.00).
17 (h).Contract Deliverable VIII: Upon receipt of a proper invoice following
18 acceptance of Contract Deliverable VIII, COUNTY shall pay CONSULTANT
19 said amount pursuant to 3.D.(5),above.The eighth payment of CONSULTANT
20 shall consist of Fifty Eight Thousand Nine Hundred Dollars and no cents
21 ($58,900).
22 (i) Contract Deliverable IX:.Upon receipt of a proper invoice following acceptance
23 of Contract Deliverable IX, COUNTY shall pay CONSULTANT said amount
24 pursuant to 3.D.(5), above. The ninth payment of CONSULTANT shall consist
25 of Sixty Seven Thousand Nine Hundred Dollars and no cents ($67,900.00).
26 (j} Contract Deliverable X: Upon receipt of a proper invoice following acceptance
27 of Contract Deliverable X, COUNTY shall pay CONSULTANT said amount
28
Amendment No. 2 to the Consultant Agreement—Benchmark Resources
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1 pursuant to 3.D.(5), above. The tenth payment of CONSULTANT shall consist
2 of Fifty Eight Thousand Nine Hundred Dollars and no cents ($58,900.00).
3 (k) Contract Deliverable XI: Upon receipt of a proper invoice following acceptance
4 of Contract Deliverable XI, COUNTY shall pay CONSULTANT said amount
5 pursuant to 3.D.(5), above. The eleventh payment of CONSULTANT shall
6 consist of Forty One Thousand Nine Hundred Dollars and no cents
7 ($41,900.00).
8 (1) Contract Deliverable XII: Upon receipt of a proper invoice following acceptance
g of Contract Deliverable XII, COUNTY shall pay CONSULTANT said amount
10 pursuant to 3.D.(5), above. The twelfth payment of CONSULTANT shall
11 consist of Forty Thousand Nine Hundred Dollars and no cents ($40,900.00).
12 (m)Contract Deliverable XI II: Upon receipt of a proper invoice following
13 acceptance of Contract Deliverable X111, COUNTY shall pay CONSULTANT
14 said amount pursuant to 3.D.(5), above. The thirteenth payment of
15 CONSULTANT shall consist of Ten Thousand Nine Hundred Dollars and no
16 cents ($10,900.00).
17 (n) Contract Deliverable XIV: Upon receipt of a proper invoice following
18 acceptance of Contract Deliverable XIV, COUNTY shall pay CONSULTANT
19 said amount pursuant to 3.D.(5) above. The fourteenth payment of
20 CONSULTANT shall consist of Twenty Six Thousand Four Hundred Dollars
21 and no cents ($26,400.00).
22 (o) Contract Deliverable XV:Upon receipt of a proper invoice following acceptance
23 of Contract Deliverable XV, COUNTY shall pay CONSULTANT said amount
24 pursuant to 3.D.(5) above. The fifteenth payment of CONSULTANT shall
25 consist of Twenty Six Thousand Four Hundred Dollars and no cents
26 ($26,400.00).
27 4. Section 3.E subsection (2) of the Agreement located at page 4 line 7 through line 12 of
28 Amendment No. 1 is deleted in its entirety and replaced with the following:
Amendment No. 2 to the Consultant Agreement—Benchmark Resources
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1 E. (2) The Extra Services which may be authorized are limited to those subjects set
2 forth in EXHIBIT D, a copy of which is attached hereto and incorporated herein by
3 reference. CONSULTANT shall not perform any Extra Services without prior written
4 authorization from DIRECTOR or DIRECTOR's designee. The total charge for all such
5 Extra Services shall not exceed the sum of Two Hundred Twenty Six Thousand Three
6 Hundred Ninety Five Dollars and no cents ($226,395.00), approximately 20% of the total
7 amount of the basic fee.
8 5. When both parties have signed this Amendment No. 2, the Agreement and this
9 Amendment No. 2 together constitute the Agreement.
10 6. The Consultant represents and warrants to the County that:
11 A. The Consultant is duly authorized and empowered to sign and perform its obligations
12 under this Amendment.
13 B. The individual signing this Amendment on behalf of the Consultant is duly authorized
14 to do so and his or her signature on this Amendment legally binds the Consultant to
15 the terms of this Amendment.
16 7. Electronic Signatures. The Parties agree that this Amendment No. 1 may be executed
17 by electronic signature as provided in this section.
18 (1) An "electronic signature" means any symbol or process intended by an
19 individual signing this Amendment No. 2 to represent their signature,
20 including but not limited to (a) a digital signature; (b) a faxed version of an
21 original handwritten signature; or(c) an electronically scanned and
22 transmitted (for example by PDF document) version of an original
23 handwritten signature.
24 (2) Each electronic signature affixed or attached to this Amendment No. 2 (a)
25 is deemed equivalent to a valid original handwritten signature of the
26 person signing this Amendment No. 1for all purposes, including but not
27 limited to evidentiary proof in any administrative or judicial proceeding,
28
Amendment No. 2 to the Consultant Agreement—Benchmark Resources
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1 and (b) has the same force and effect as the valid original handwritten
2 signature of that person.
3 (3) The provisions of this section satisfy the requirements of Civil Code
4 section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act
5 (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
6 (4) Each Party using a digital signature represents that it has undertaken and
7 satisfied the requirements-of Government Code section 16.5, subdivision
8 (a), paragraphs (1) through (5), and agrees that each other Party may rely
g upon that representation.
10 (5) This Amendment No. 2 is not conditioned upon the Parties conducting the
11 transactions under it by electronic means and either Party may sign this
12 Amendment No. 2 with an original handwritten signature.
13 8. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which is
14 an original, and all of which together constitute this Amendment.
15 9. Provisions in Full Force. The Agreement as amended by this Amendment No. 2 is
16 ratified and continued. All provisions of the Agreement and not amended by this
17 Amendment No. 2 remain in full force and effect.
18 [Signature page follows.]
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Amendment No. 2 to the Consultant Agreement—Benchmark Resources
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1 In witness whereof, the Parties are signing this Amendment as of the Effective Date.
2
3 CONSULTANT: COUNTY OF FRESNO:
Benchmark Resources
4 2515 East Bidwell Street
Folsom, CA 93630
6 1,
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BY: BY:
8 BRUCE TEUBIN STEVEN E. WHITE PE, PLS
VICE PRESIDENT;: DIRECTOR
9 -- DEPARTMENT OF PUBLIC WORKS
--- AND PLANNING
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Amendment No. 2 to the Consultant Agreement—Benchmark Resources
Page 9of9
EXHIBIT A-3
BENCHMARK
1 RESOURCES
October 27,2025'
Tawanda Mtunga,Principal Planner
Fresno County Department of Public Works and Planning
Development Services and Capital Projects Division
2220 Tulare St.6th Floor
Fresno,CA 93721
SUBJECT CEMEX ROCKFIELD QUARRY EIR PROJECT(#7763)
BENCHMARK RESOURCES EXTRA SERVICES AND BUDGET AMENDMENT SCOPE OF SERVICES
Mr.Mtunga,
On March 20,2020,Benchmark Resources and Fresno County(County)fully executed contract 7763 for the
CEMEX Rockfield Quarry Environmental Impact Report (EIR) project. We subsequently submitted a
budget amendment request in August of 2022(approved 10/27/22) to address significant additional effort
related to the peer review and preparation of the Administrative Draft EIR,followed by two Extra Services
request; 1)to address extra services related to the same efforts (approved 11/10/23), and 2) for additional
work to finalize and distribute the Draft EIR and coordinate public noticing,submitted on April 16,2025.
This letter serves as our second Budget Amendment request for the Rockfield Quarry EIR project and has
been revised since our original submittal on 09/04/25. This amendment request is being prepared in
response to the large number of comment letters received on the Draft EIR and the additional time and
effort necessary to prepare the Final EIR, along with a revised deliverables payment schedule. Since our
original submittal,we have augmented our response to comments team to bring in one of our senior level
project managers to focus on high priority letters. In addition, based on the Applicant's request, our
subconsultant WRA will be assisting with responses to comments related to biological resources. The
additional services,including the extra costs associated with augmenting our team and WRA's additional
effort are described in the attached scope of services(Attachment A)and are related to the following tasks:
• Task 7:Final EIR Production
• Task 8:Presentation Preparation and Hearing Attendance
• Task 9:General Activities Coordination
Please let us know if you have any questions or require additional amplification of our request.
Sincerely,
6ti�4-
Bruce Steubing
Principal
2515 East Bidwell Street•Folsom,CA 95630.916.983.9"193
benchmarkresources.com
ATTACHMENT A
BENCHMARK RESOURCES
SCOPE OF WORK FOR EIR 7763
ROCKFIELD QUARRY MODIFICATION PROJECT
TASKS
Task 7: Final EIR Preparation (Amended Scope and Costs)
Benchmark Resources received approximately 630 emails/comment letters from County Staff in response
to the public review period of the Rockfield Quarry Modification Project Draft EIR.The public response on
this project was much greater than anticipated and therefore Benchmark Resources is providing a budget
amendment to assist the County in preparing responses for the unprecedented public comments.The tasks
outlined below will not change due to this response in regard to process and procedure,however the effort
to coordinate and complete the Final EIR and bring it to the Board of Supervisors by the Spring of 2026 is
much greater and is reflected in the enclosed budget amendment.
Draft EIR Comment Review
(Billed as Deliverable/Milestone S(A&B)of Original Approved Budget)—Task Completed
Benchmark Resources has collated and sorted through approximately 630 export files/emails received
to account for duplications and all commenters to make sure all letters received have been accounted
for.Benchmark Resources has reviewed all comments and assigned an index number to each comment
set and a subnumber to each individual comment/issue to develop the comment/response chapter of
the Final EIR. An initial review of comments has been coordinated to determine whether issues that
are raised would require a substantial modification to the EIR. Benchmark Resources has prepared a
summary of the key issues raised in comments and developed a comprehensive matrix to track the
status,comments,and responses,and determine whether additional information or analysis is required
to prepare the final EIR. This task, with approval from County staff, was split into two deliverables
(Deliverable 5A and 5B)rounding out the remaining balance of the original contract and deliverables.
This task is currently concluding as we move towards development of the Draft Responses to Draft
EIR Comments.
Draft Responses to Draft EIR Comments(Amended Costs-Deliverable 6 and 7)
Benchmark Resources will prepare formal responses to comments received on the Draft EIR addressing
environmental issues.Benchmark Resources will draw on the expertise of its resource specialists when
necessary and provide thorough and meaningful responses to those comments that address the
adequacy of the EIR and the environmental review process.Comments raising policy choice or other
issues that do not address the adequacy of the EIR may be more appropriately considered separately
from the EIR process,and a polite,yet brief,response will be provided to explain that the issue will be
considered by agency decision makers separate from the EIR process.In some instances,responses to
comments may require the Draft EIR text to be modified.When that occurs,the response will state that
a change has been made and reference the modified section(s)of the Draft EIR.Benchmark Resources
will also coordinate the development of collective responses that cover an array of concerns addressed
by the commenters but don't require individual responses.These collective responses will be a section
of the response to comments chapter of the Final EIR. This task is expected to take a duration of four
to six months;therefore,this task has been split into two separate deliverables to be billed in two parts
during the development of the Draft Responses to comments.For Deliverable 6,Benchmark Resources
will provide the County with a summary of the responses at the date of the deliverable as well as status
(Page 2 of 6)
EXHIBIT A-3 PAGE 2
update in terms of percentage complete as it relates to the overall response to comment effort.
Deliverable 7 will be met upon completion and submittal of entire set of first draft response to
comments.
Draft Biological Resources Responses(WRA)
Based on the Applicant's request, and coordination with County.Staff,Benchmark Resources has
coordinated with WRA to assist with preparation and review of draft responses to comments
received on the Draft EIR regarding biological concerns. We have reviewed and estimated
approximately 160-170 specific comments for WRA to prepare draft response to comments.
Attachment B, "WRA Scope of Work," outlines their approach and budget for this task. The
additional costs for this effort for both Benchmark Resources and WRA have been added to
Deliverable 6,in the table below.
Draft Responses Review with County and Applicant(Amended Costs-Deliverable S)
Benchmark Resources will provide a draft document that provides its proposed responses to
comments. Benchmark Resources will meet with the County and applicant team to review the draft
responses and discuss outstanding issues.This task is expected to take a duration of one to two months;
therefore,this task is expected to be invoiced for as a single deliverable upon receipt and review of the
County and Applicant comments on the draft responses.
Preparation of Administrative Draft Final EIR and MMRP
(Amended Scope and Costs-Deliverable 9)
Benchmark Resources will prepare an administrative final EIR consisting of introductory material,any
necessary errata revisions to the text of the draft EIR, draft EIR comments and responses, and any
necessary appendices. Due to the high volume of comment letters received during the public review
and circulation of the Draft EIR,Benchmark Resources anticipates assembling the comment letters into
one comprehensive standalone appendix document that can be easily navigated and searched via
internal links and bookmarks. The set-up and assembly of this standalone document will require
additional time and effort not originally scoped into the original project.This task is expected to take a
duration of one to two months;therefore,this task is expected to be invoiced for as a single deliverable
upon distribution of the first draft of the Administrative Draft Final EIR and MMRP.
Review of Administrative Final EIR Comments with County and Applicant
(Amended Scope and Costs-Deliverable 10)
As part of the process, Benchmark Resources will review comments on the administrative final EIR
and meet with County staff to discuss comments,including those that the applicant or County Counsel
may provide.Before the meeting,Benchmark Resources will prepare an agenda listing issues raised in
the comments that warrant discussion and provide recommendations for resolving the issues raised.
Due to the high volume of comment letters received during the public review and circulation of the
Draft EIR,it is likely that this review meeting will result in a series of meetings as Benchmark Resources
prepares the Final EIR for public release.This task is expected to take a duration of one to two months;
therefore, this task is expected to be invoiced for as a single deliverable upon distribution of the final
draft of the Administrative Draft Final EIR and MMRP.
Preparation of Final Review of Final EIR(Amended Scope and Costs-Deliverable 11)
Benchmark Resources will revise the administrative final EIR and prepare a final review final EIR based
on comments,the administrative final EIR,and the agreed approach to revisions.Benchmark Resources
will then distribute the Final EIR to Reviewing and Responsible Agencies and to a distribution list
(Page 3 of6)
EXHIBIT A-3 PAGE 3
prepared by the County.Due to the high volume of comment letters received during the public review
and circulation of the Draft EIR,and the anticipated schedule for completion of the project,Benchmark
Resources will provide the Final EIR for review in separate PDFs by chapter and file type(appendices)
since the final assembly of the document,including the table of contents will be done during the final
editorial and formatting review for efficiency. This task is expected to take a duration of one to two
months; therefore, this task is expected to be invoiced for as a single deliverable upon distribution of
the final draft of the Final EIR and MMRP.
Final EIR Electronic Set-up and Production(Amended Scope and Costs-Deliverable 12)
Upon final review and coordination, Benchmark Resources will revise the Final EIR based on input
received and will produce a final electronic version of the Final EIR and appendices for County use in
certifying the document and considering project approvals,and produce hard copies post submittal as
noted below under deliverables.Due to the high volume of comment letters received during the public
review and circulation of the Draft EIR and federal ADA/document accessibility requirements,the final
electronic file of the document will require additional time and effort not originally scoped into the
original project. This task is expected to take between 4-6 weeks upon receipt of final comments and
revisions to chapters of the Final EIR.This task is expected to be invoiced for a single deliverable upon
the completion of the Final EIR.
Task 7 Task Milestones/Goals(Amended)
• Draft responses to draft EIR comments(electronic file)
• Administrative final EIR(electronic files)
• "Final Review"Final EIR(electronic file)
• Final EIR(2 hard copies with electronic appendices and digital version of draft and final
EIR files;20 electronic copies,in addition to above,of draft and final EIR electronic files)
Task 8: Presentation Preparation and Hearing Attendance
(Amended Scope and Costs-Deliverable 13 and 14)
Benchmark Resources will coordinate with the County staff and, if requested by the County, assume the
lead role in preparing for and presenting information to the County Planning Commission during its
deliberations of EIR certification and project approvals.Prior to the release of the Fina EIR and the Planning
Commission Hearing(s), Benchmark Resources is prepared to lead a community outreach meeting to
explain the environmental review process and how the comments received on the Draft EIR were
addressed. For preparation of the Commission hearing, Benchmark Resources will prepare draft
documents, including presentation materials, staff report, MMRP, and Statement of Overriding
Considerations,for the County to review.Benchmark Resources will be prepared to present the project,the
environmental review process, and findings to the County Planning Commission. Benchmark Resources
will prepare the MMRP in a matrix-style format. The MMRP will describe each mitigation measure (as
presented in the final EIR)and define the party(ies)responsible for implementing the measure,party(ies)
responsible for funding each measure,implementation process and requirements,implementation timing
requirements,monitoring requirements, party responsible for monitoring, and reporting requirements to
document mitigation measure implementation. The budget includes preparation for, and attendance at,
one community outreach meeting, two County Planning Commission hearings and two County Board of
Supervisor hearings.
Due to the high volume of comment letters received during the public circulation of the Draft EIR,
Benchmark Resources assumes that preparing for the hearings and the deliverables noted below,that this
(Page 4 of6)
EXHIBIT A-3 PAGE 4
Task requires more effort than original scoped and therefore Benchmark Resources is providing an
amended budget to increase this task.The budget does not include costs for additional copies above what
is stated under Task 7 Deliverables. Due to the large nature of the Draft EIR and anticipated Final EIR,
Benchmark Resources is reserving providing additional production costs until it is determined they are
needed.If additional copies of the Draft or Final EIR are needed for the Planning Commission or Board of
Supervisors Hearings, Benchmark Resources will coordinate the level of effort and copies requested and
bill those charges to the Extra Services clause of the master contract.
Task 8 Milestones/Goals
• Draft staff report,MMRP, and Statement of Overriding Considerations (electronic files)for
County review
• One presentations to public during the public review period
• Two presentations to the County Planning Commission(PowerPoint)
• Two presentations to the County Board of Supervisors(PowerPoint)
• Notice of determination
Task 9: General Activities Coordination (Amended Scope and Costs)
Due to the high volume of comment letters received during the public review and circulation of the Draft
EIR, Benchmark Resources anticipates regular coordination and consultation meetings revolving around
logistics of the Final EIR, both in coordinating who is responsible for responding, but also coordinating
additional document assembly and production, leading up to presentation at the Planning Commission
and Board of Supervisor hearings.We have hereby amended our costs to reflect this effort for the Final EIR
process and also additional coordination with WRA on the responses to comments related to biological
resources. Benchmark Resources will continue to coordinate with the County and the applicant on an as-
needed and ongoing basis through the term of this Contract to further the EIR work and maintain the
project schedule.Benchmark Resources coordination includes scheduling and hosting as-needed telephone
calls and in-person meetings to review project status. Benchmark Resources will coordinate with the
County`s website administrator to ensure that necessary project-related documents are made available on
the County website and that information on the website regarding the project is accurate and updated as
necessary.
For the Final EIR process. the budget includes four coordination meetings (averaging around 3 hours per
meeting) and accounts for additional coordination not captured in the preparation of the Final EIR as
discussed in Task 7,above,which includes but is not limited to coordination meetings with subconsultant
and the applicant team, along with coordinating with County staff. If coordination and meeting exceeds
what is being proposed, or the County requests additional meeting attendance by Benchmark Resources,
Benchmark Resources will notify County staff of the additional costs and obtain authorization for the extra
meeting time. Benchmark Resources will not attend additional meetings unless and until instructed to do
so by the County and after this contract is amended as necessary to incorporate the additional costs.
PROPOSED DELIVERABLES FOR PAYMENT SCHEDULE
Due to the high volume of comment letters received during the public review and circulation of the Draft
EIR,Benchmark Resources is proposing the revised list of deliverables to establish a new payment schedule
for the preparation of the Final EIR.
(Page 5 of6)
EXHIBIT A-3 PAGE 5
Deliverables/Payment Schedule/Proposed Budget Amendment For Final EIR Preparation (BUDGET AMENDMENT No. 2)
6 7 $1Description' W
Task 7:Final EIR Preparation-Draft Responses to Draft EIR Comments(Part 1-SO%of Comment Letters and WRA
35 000
-11
17,500 $3,900 $121,400
7 Task 7:Final EIR Preparation-Draft Responses to Draft EIR Comments(Part 2-Remaining SO%of Comment Letters) $97,500 $3,900 $101,400
8 Task 7:Final EIR Preparation-Draft Responses Review with County and Applicant $55,000 $3,900 $58,900
9 Task 7: Final EIR Preparation-Preparation of Administrative Draft Final EIR and MMRP $64,000 $3,900 $67,900
10 Task 7:Final EIR Preparation-Review of Administrative Final EIR Comments with County and Applicant $55,000 $3,900 $58,900
11 Task 7:Final EIR Preparation-Preparation of Final Review of Final EIR $38,000 $3,900 $41,900
12 Task 7:Final EIR Preparation-Final EIR Production $37,000 $3,900 $40,900
13 Task 8:Presentation Preparation and Hearing Attendance:Community Outreach Meeting(1) $7,000 $3,900 $10,900
14 Task 8:Presentation Preparation and Hearing Attendance:Planning Commission Hearings(2) $22,500 $3,900 $26,400
15 Task 8:Presentation Preparation and Hearing Attendance:Board of Supervisors Hearings(2)and Final Filing $22,500 $3,900 $26,400
-- Task 9:General Activities Coordination(costs have been accounted for evenly in each Milestone payment) -- -- --
TOTAL FOR BUDGET: $516,000 $39,000 $555,000
Notes:
1.All underlined tasks and descriptions reflect changes made to the original approved tasks descriptions and deliverables.
(Page 6 of 6)
EXHIBIT A-3 PAGE 6
ATTACHMENT B
WRA (BIOLOGICAL RESOURCES)
SCOPE OF WORK FOR EIR 7763
ROCKFIELD QUARRY MODIFICATION PROJECT
(Page 7 of 6)
EXHIBIT A-3 PAGE 7
wra
Environmental
Consultants
�—
ROCKME0 D EIR ASSISTANCE
Scope mf Work and Estimated Cost
Prepared for:
Benchmark Resources
2515 EBidweU 3t# IU0.
Fo|som, CA9563
ATTN: Bruce Steubing
October z1. zOz5
vvnA pnoJccT NO. 30097
PURPOSE
VVRA. Inc. (VVRA)' is pleased to submit this proposal to provide professional consulting services
to Benchmark Resources (Client). The purpose of this Scope of Work is to describe the
anticipated level of effort and deliverables involved in assisting with the formal response to
comments onthe Rockfie|d Quarry Draft Environmental Impact Report (Project). |tisVVRA's
understanding that the Client would like VVRAto review the responses tocomments prepared by
ELW1T for the five letters listed be|ow, prepare master "collective responses" to topics listed
be|ow, and provide responses toonadditional I60 lower priority comments, as described in an
email on October IO. 2025.
A. ,
—
Center for Biological Diversity (Letter 65J
o. Comment Numbers: 4` 5, 8, S. ll. 12. 14, 15. 15
2. Shute Mihaly Weinberger (on behalf of San Joaquin River Parkway and Conservation
Trust) (Letter5jEq
o. Comment Numbers: 34' 35. 36. 37. 38. 39' 40 41 50. 55
3. California Dept, of Fish and Wildlife (Letter 15)
o. Comment Numbers: I3. 14, I5' I7 2l, 22. 23. 24 29' 30' 31
4. Bureau of Reclamation (Letter 6)
o. Comment Numbers: 2. 4, 16i 17, 18, 20. 21, 22, 23, 25 35. 41. 42. 43' I05
_
Eresno Audubon Society (Letter 56)
o. Comment Numbers: 3, 4. 5. ti T. 8' 9. lI. 12, 13, 14, 15, Ih' 17
2169'sEast Francisco Blvd, San Rafael,CA,m901
B. Collective Responses: We also need collective responses on the following issues. ELMT has
not provided drafts for these collective responses. Could you prepare?
Collective Collective Response Topic
Response
12 Project impacts on SJR and Chinook salmon restoration
efforts.
13 DEIR fails to analyze impacts to offsite wildlife from
project operations; blasting.
14 Inadequate analysis of impacts to Swainson's hawk.
15 DEIR fails to analyze impacts to birds outside of nesting.
16 Project vibrations and wastewater would impact salmon
spawning; sedimentation; use of Alaska study
inappropriate.
WORK PRODUCTS
Updated word document with suggested edits to the responses to individual comment
letters listed in section (A) above.
Five word documents with a response to each collective response topic listed above
under section (B).
4 Additional responses to 160 comments
SCOPE OF WORK
TASK 1: Individual Comments
WRA will assign staff to review the biological section of the DEIR in its entirety. Once reviewed,
staff will review individual comment letters and review the responses previously prepared by
ELMT and update the responses provided, if necessary, and possibly suggesting text updates for
the EIR.
Responses will be provided to the Client such that they or their legal counsel can review. Once
reviewed, WRA will allocate an additional 8 hours of time to amend the responses and finalize
the responses to the five individual comment letters.
TASK 2: Collective Responses
The Client has indicated that they would like WRA's assistance in formatting five "collective
responses" which cover similar topics and/or themes. For example: nesting birds, chinook
salmon, etc. WRA will provide a master response to each of the five topics in their own separate
document. When completed WRA will provide the documents to the Client and assumes some
minor edits will be required. Up to 5 hours is allotted for the response to comments from the
client or their legal counsel.
TASK 3: Additional Responses
WRA will also review the additional 160 comments that are lower priority and likely raise
duplicative issues as raised in the 72 priority comments noted above.
��'" Benchmark Rockfieid EIR Assistance I WRA#30097 2
%� scope of'•Nock October,21, 2025 EXHIBIT A-3 PAGE 9
SCHEDULE
Work can begin upon execution of this Scope of Work. It is anticipated that it will take
approximately two weeks to complete review of the comments and address any edits requested
by legal counsel.
STAFFING
Hope Kingma will be the principal in charge of the project. Nick Brinton-McBean will be the
project manager and the lead biologist. Other staff will be assigned to the project as necessary.
ASSUMPTIONS
The following assumptions have been made in the preparation of this Scope of Work:
* Any previous environmental reports for the project supplied to Client or the project owner
will be provided to WRA.
Any previous correspondence between Client or the project owner and government
agencies that relates to WRA's proposed work will be provided to WRA.
* WRA will be provided with the additional 160 comments/letters to which responses are
required, and any such letters shall be bracketed to delineate the extent of comments
that need to be addressed.
WRAs responses will be provided in .docx (or similar file format) such that the Client will
be able to copy such answers into their desired final formatting for responses to any
comment letters.
ESTIMATED COST
The cost for the services described in this Scope of Work is provided below. This cost is based on
the assumptions above and normal working conditions. Costs may be reallocated between tasks
that are based on time and materials, but the total cost shown below will not be exceeded
without authorization.
TASK ;; COST
1. Response to comments $ 35,000
TOTAL: $35,000
TERMS & CONDITIONS
This Scope of Work is subject to WRA's Standard Terms and Conditions, which are attached
hereto and incorporated herein as Exhibit A.
(Approval/Signature Page Follows)
Benchmark Rockfield EIR Assistance I WRA#30097 3
Scope of Work I October 21, 2025 EXHIBIT A-3 PAGE 10
APPROVAL TO PROCEED
To authorize WRA's services and signify their mutual intent to be legally bound by this Scope of
Work and Exhibit A, authorized representatives of the parties hereby execute this agreement,
effective upon the date when both parties have signed below.
FOR CLIENT
Signature Date
Printed Name and Title
Email Address
BILLING INFORMATION:
Name and Email (if different from above)
FOR WRA
Signature Date
Printed Name and Title
/n�`fo
Benchmark Rockfield EIR Assistance I WRA#30097 4
Scope of Work I October 21, 2025 EXHIBIT A-3 PAGE 11
EXHIBIT A
WRA, INC.—STANDARD TERMS AND CONDITIONS
1. STANDARD OF CARE: The standard of care for all professional services performed or furnished by WRA under this
Agreement will be consistent with that degree of care and skill ordinarily exercised by members of the same profession
currently practicing in the same locale under similar circumstances. No other warranty, express or implied, is made or
intended as related to the services provided. All estimates, recommendations, and opinions of WRA will be based upon the
information available to WRA at the time. Any such estimates, recommendations, and opinions are not a guarantee or
warranty as to a specific outcome or result. Further, Client agrees that WRA is not offering investment advice or services.
2. SCOPE OF WORK; CHANGES: The services to be performed under this Agreement are outlined in the attached Scope of
Work. Client understands that laws and regulations are constantly changing, and that the reactions of government agencies
and the public cannot be predicted. WRA shall not be liable for any delay that results from any cause beyond its reasonable
control. In the event of a change to WRA's scope of services, the compensation and timing for services under this
Agreement shall be adjusted by mutual agreement of the parties in the form of a written Change Order that is executed by
both parties. If Client requests that WRA procure certain materials, the parties shall execute a Change Order.
3. ESTIMATED COST; PAYMENT: The cost of WRA's services is outlined in the attached Scope of Work, based on the
assumptions and limitations outlined therein. Labor rates are subject to an annual increase each January, but stated costs will
not be exceeded without written authorization from Client. Reimbursable expenses, including subcontractors and equipment,
are charged at cost plus ten percent (10%). WRA will invoice Client for its services monthly, based on time (in minimum
increments of.25 hours) and expenses for actual work completed, or based on the percentage of work completed if a fixed
fee is arranged. Payment is due within 30 days after Client's receipt of the invoice. A service charge of one and one half
percent (1.5%) per month may be added to account balances over 30 days past due. If Client disagrees with any portion
of an invoice, it shall promptly notify WRA and pay the portion not in dispute. If WRA requires Client to pay a portion of the
estimated cost in advance, this amount will be applied to invoices until it is exhausted. If WRA requires Client to pay a
"retainer,"the retainer amount will be held and applied only to the final invoice under the Scope of Work.
4. CONFIDENTIALITY: All data, documents, discussions and other information received from and developed for Client in
performance of this Agreement are assumed to be confidential and will not be disclosed to any person, except as authorized
in writing by Client, or as required by law. Information shall not be deemed confidential if it is or has become generally
known without any breach by WRA of this Agreement, or was rightfully acquired by WRA from a third party who was entitled
to disclose the information without confidentiality or proprietary restrictions.
5. WORK PRODUCTS: Reports, data and other products of WRA's services under this Agreement are for the sole use of
Client. Client understands and agrees that all work products resulting from WRA's efforts are intended solely for purposes
of this Agreement, and that any reuse or modifications for purposes outside this Agreement shall be at Client's sole risk.
6. CLIENT DUTIES: Client agrees to(a) provide all known requirements for, and all known information pertinent to,the Scope
of Work; (b) provide or arrange for legal access and entry to project sites; (c) provide any notices required to enable WRA's
services, or provide WRA with authorization to provide such notices; (d)give prompt written notice to WRA whenever Client
becomes aware of any development that affects the scope or timing of WRA's services; (e) make reasonable efforts to
ensure safe working conditions for WRA staff, including prompt notice of any known hazardous conditions at project sites.
If the presence of an unanticipated hazardous condition is discovered during the performance of services under this
Agreement, WRA shall notify Client and cease work. Under such circumstances, WRA will be entitled to an equitable
adjustment to the compensation and timing for services under this Agreement. A minimum of 4 hours per staff member will
be charged to Client for staff who are mobilized for work that is canceled by the Client with less than 12 hours' notice, or if
unanticipated hazardous conditions discovered while at the site cause WRA staff to cease work. Client shall be fully
responsible for any costs, delays, or penalties that result from Client's non-compliance with applicable laws, or due to any
error, inaccuracy, ambiguity, or omission in the information provided by Client to WRA.
7. LEGAL COUNSEL: WRA may provide guidance related to government regulations; however, WRA will not and does not
provide legal advice, and Client is advised to consult with independent legal counsel in order to interpret current laws related
to regulatory compliance. Client should also consult legal counsel prior to taking any actions on project sites, either before
or after permit issuance. Client assumes full responsibility for all of its own actions conducted on project sites that may lead
to enforcement actions by the federal or state government, or other quasi-regulatory or administrative agency, including any
and all liabilities arising out of such enforcement actions.
8. NONDISCRIMINATION: WRA and Client shall abide by the requirements of 41 CFR Parts 60 et seq. (which implement
Executive Order No. 11246, Equal Employment Opportunity) and any other applicable federal statutes, orders, regulations,
and policies. These regulations prohibit discrimination against qualified individuals based on their status as protected
veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion,
A-1
EXHIBIT A-3 PAGE 12
sex, or national origin. Moreover, these regulations require that covered consultants take affirmative action to employ and
advance individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.
9. LIMITATION of LIABILITY: In no event, whether as a result of breach of contract, warranty, tort(including negligence and
strict liability) or otherwise, shall WRA or Client be liable for any special, consequential, incidental, or punitive damages.
WRA's maximum liability to Client for any and all loss or damage arising out of this Agreement shall be limited to the repair,
replacement or re-performance of the delivered services, or if repair, replacement or re-performance is impossible or
impractical, then to the insurance proceeds made available to WRA for such liability.
10. INDEMNIFICATION: Client and WRA each agree to indemnify and hold harmless the other party and its officers, directors,
partners, and employees, from all liabilities arising from claims by third parties, including reasonable attorneys' fees and
expenses, solely to the extent they are actually caused by the negligence or willful misconduct of the indemnifying party
arising out of the performance of this Agreement, and subject to any limitations of liability contained in this Agreement. If
WRA's services include construction management, WRA has no duty to direct or supervise any separate consultants or
contractors of Client, or to provide their means, methods, or sequences, or to stop or otherwise suspend their activities.
WRA shall not be responsible for the failure of Client's separate consultants or contractors to fulfill their responsibilities, and
Client agrees to indemnify and hold harmless WRA against any liabilities arising out of such failures.
11. TERMINATION: Either party may terminate the Agreement(a) in the event of a material breach by the other party that is
not cured within seven (7) days after receipt of written notice of such breach, or (b) for any reason upon ten (10) days'
advance written notice to the other party. All work properly completed up to the effective notice of termination will be due
and payable by Client, and all deliverables prepared by WRA up to such time shall be provided to Client.
12. FORCE MAJEURE: Neither party shall be responsible for delay in the performance of its obligations under this Agreement
caused by an occurrence or circumstance beyond its control, including but not limited to, severe weather or other natural
catastrophes; terrorism, war, riots, strikes, lockouts or other disturbances; or acts of the government or any governmental
agencies. To the extent that WRA's services are delayed by such events, WRA will be entitled to an equitable adjustment
to the timing for services under this Agreement.
13. DISPUTE RESOLUTION;ATTORNEY'S FEES: Client and WRA agree that any disputes related to this Agreement shall first
be submitted to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration
Association, effective as of the date of this Agreement. Each party is responsible for payment of its own share of costs for
mediation. In the event any legal action is commenced to enforce this Agreement, the prevailing party in such action is
entitled to reimbursement of reasonable attorney's fees, costs, and expenses incurred.
14. GOVERNING LAW: This Agreement and any action for claims arising out of it shall be governed by and construed in
accordance with the laws of the State of California. The parties irrevocably and unconditionally submit to the exclusive
jurisdiction and venue (and waive any objections as to laying of venue)of(a)the United States District Court for the Northern
District of California (San Francisco) or, if such court lacks subject matter jurisdiction, (b)the Superior Courts of the State of
California, County of Marin.
15. NOTICES: Any notice provided for under this Agreement will be given in writing to the parties at the physical and/or email
addresses set forth in the Scope of Work, or to such other addresses as either party may later specify. Notice shall be
effective on the date of service if served personally, upon delivery by a nationally recognized express courier, upon receipt
if mailed by certified first class U.S. mail, or upon delivery by email.
16. OTHER PROVISIONS: This Agreement, including the attached Scope of Work, constitutes the entire agreement between
the parties relating to the subject matter contained herein, and supersede all prior and contemporaneous representations,
agreements, or understandings between the parties, except to the extent the parties have executed a separate
confidentiality or non-disclosure agreement,which shall remain in full force and effect. If any provision of this Agreement is
held to be void, invalid, or otherwise unenforceable, in whole or in part, the other provisions shall remain in full force and
effect. No amendment or supplement of this Agreement shall be binding unless in writing signed by both parties. No waiver
of any one provision of this Agreement shall constitute a waiver of any other provision. Except for permitted successors,
assigns, and WRA subsidiaries and affiliates, this Agreement shall not operate for the benefit of any third parties. Neither
party may assign this Agreement without the prior written consent of the other. The section headings herein are provided
for convenience, and shall not be taken into consideration in the interpretation of this Agreement. This Agreement may be
executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument. The parties agree that the use of electronic signatures for the execution of this Agreement
shall be legally binding and shall have the same full force and effect as if signatures were by hand.
v.2024-1
A-2
EXHIBIT A-3 PAGE 13