HomeMy WebLinkAboutConsultant Agreement Executed.pdf 1 CONSULTANT AGREEMENT
2 Environmental Science Associates
3 This Consultant Agreement ("Agreement") is dated 6 J 34
4 ("Effective Date") and is between Environmental Science Associates, 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 Sequoia Renewables LLC a Delaware limited liability company
8 ("Applicant"). County and Consultant may be referred to individually as a "Party," or collectively
9 as "Parties," in this Agreement. Applicant is not a party to this Agreement.
10 RECITALS
11 A. Consultant understands the Applicant has filed with the County an application for
12 Classified Conditional Use Permit Application No. 3831, and have elected to request the
13 preparation of an EIR No. 8788 to meet the requirements of the California Environmental Quality
14 Act (California Public Resources Code, Division 13, section 21000 et seq.), including the
15 implementing CEQA Guidelines thereunder (Title 14, Division 6, Chapter 3, California Code of
16 Regulations, section 15000 et seq.) (collectively, the California Environmental Quality Act,
17 including such CEQA Guidelines thereunder are "CEQA") for the project commonly known as
18 the "Sequoia Solar Project" ("Project").
19 B. The Project consists of constructing, operating, and decommissioning a photovoltaic
20 (PV) solar electricity generating facility and batter energy storage system (BESS) and
21 associated infrastructure that would produce and store up to approximately 200 megawatts
22 (MR of alternating current (AC) energy at the point of electrical grid interconnection on
23 approximately 1,900 acres of privately owned agricultural land in Western Fresno County. A
24 copy of the Project Description is attached hereto as Exhibit A and a copy of the approved Work
25 Program is attached hereto as Exhibit B, and both are incorporated herein by this reference.
26 C. Consultant understands that in order to prepare a legally adequate EIR, the Applicant
27 has selected the Consultant to contract directly with the County for preparation of an EIR on
28 behalf of the County and that CEQA requires that the EIR prepared for the Project reflect the
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1 independent judgment of the lead agency as required by the County and by law, the Director of
2 the Fresno County Department of Public Works and Planning ("Director") as the director is
3 responsible for the environmental documents prepared for the Project.
4 D. Consultant understands that it must meet the requirements for an interdisciplinary
5 approach in the preparation of the EIR, as are specified in Article 14 of the CEQA Guidelines
6 (Section 15120 — 15132), and that Consultant must have no interest, financial or otherwise, in
7 the outcome of the proposed Project or any related projects, the Consultant is not in the employ
8 or under contract with the Applicant.
9 E. Consultant represents that it is qualified, able, and willing to prepare a legally adequate
10 EIR and to otherwise deliver the necessary environmental consulting services required by
11 County for the Project, which representation County specifically relies upon.
12 AGREEMENT
13 In consideration of the covenants and conditions set forth herein, the Parties agree as
14 follows:
15 1. OBLIGATIONS OF CONSULTANT
16 A. Scope of Services. Consultant shall perform all the services provided in Exhibit
17 C to this Agreement, titled "Scope of Services."
18 B. Representation. Consultant represents that it is qualified, ready, willing, and
19 able to perform all the services provided in this Agreement.
20 C. Compliance with Laws. Consultant shall, at its own cost, comply with all
21 applicable federal, state, and local laws and regulations in the performance of its
22 obligations under this Agreement, including but not limited to workers
23 compensation, labor, and confidentiality laws and regulations.
24 D. Communications. All discussions between Applicant and Consultant regarding
25 the Project shall only occur with the County official's involvement. The relevant
26 County staff working on behalf of the project shall be included in all forms of
27 routine correspondence and telecommunications related to Contract
28 performance and all related issues. Such forms of communications are including
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1 but not limited to written, telephone, email correspondence, and in-person
2 meetings. To ensure consistent records all emails and all written
3 correspondence must consistently include in the exact project name and
4 number, "Sequoia Solar Project EIR No. 8788", within the subject line.
5 2. OBLIGATIONS OF COUNTY
6 A. Public Meetings. County shall make arrangements for meetings with public
7 agencies and the public if County requests to conduct such meetings unless
8 specific services are provided for within the work program in Exhibit B.
9 B. Availability of Information. County shall make available to Consultant
10 documents, studies, and other information, not otherwise confidential or
11 privileged, in its possession related to the Project. County shall review
12 Consultant work and provide comments to Consultant as necessary to ensure
13 the environmental record is complete and accurate.
14 C. Public Notices. County shall mail required notices to public agencies and
15 interest groups. Applicant will be responsible for all postage, shipping, and
16 courier costs with respect to the delivery and return of physical mail related to
17 this Agreement and the County/Applicant Agreement.
18 D. Deadlines. The deadlines for performance by County or its officers and
19 employees set forth in this Agreement are directory only, and the failure of
20 County to meet such deadlines shall not be a breach of this Agreement.
21 3. COMPENSATION
22 A. Maximum Compensation. County agrees to pay, and Consultant agrees to
23 receive, compensation for the performance of its services under this Agreement
24 in an amount not to exceed Five Hundred Six Thousand Five Hundred Eighteen
25 Dollars and Zero Cents ($506,518.00) ("Total Fee"), as described in Exhibit D to
26 this Agreement, titled "Compensation." Except as otherwise provided in Exhibit
27 E to this Agreement, titled "Extra Services," Consultant shall not be entitled to
28 compensation exceeding the Total Fee.
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1 B. Limitations on County. Consultant acknowledges that County is a local
2 government entity and does so with notice that County's powers are limited by
3 the California Constitution and by State law, and with notice that Consultant may
4 receive compensation under this Agreement only for services performed
5 according to the terms of this Agreement and while this Agreement is in effect,
6 and subject to the maximum amount payable under this section. Consultant
7 further acknowledges that County employees have no authority to commit to
8 additional payments or authorize payments to Consultant except as expressly
9 provided in this Agreement as defined in Exhibit E to this Agreement, titled "Extra
10 Services."
11 C. Invoices. County and Consultant agree to allow the preparation of the EIR
12 Contract Deliverables to occur in eight (8) increments of deliverables (Contract
13 Deliverables A through H), as described in Exhibit D to this Agreement, titled
14 "Compensation", with Applicant providing payment in advance for each Contract
15 Deliverable increment before County may authorize to commence work on said
16 increment. Invoices for payment for Contract Deliverables shall be submitted
17 only after the work identified for that Contract Deliverable increments has been
18 completed to the satisfaction of County. All Tasks shall be completed according
19 to Exhibit B to this agreement, titled "Work Program." Upon completion of a
20 Contract Deliverable and delivery to County, Consultant may submit an invoice
21 which includes Z8788C in the description with documentation that the Tasks
22 have been fully completed for that Contract Deliverable. County shall then
23 review, approve, and submit the invoice to the County Auditor-
24 Controller/Treasurer-Tax Collector for payment, or reject the claim and return the
25 Claim to the Consultant identifying the work that has not been accepted as
26 completed. If a project is delayed for more than sixty (60) days, based on no fault
27 of the Consultant, The County may, at their discretion of the Director, accept an
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1 invoice from the Consultant for a payment of a portion of a Contract Deliverable
2 that has been completed.
3 D. Payment. Payment shall be issued to Consultant after the receipt thereof by
4 County Auditor-Controller/Treasurer Tax Collector within sixty (60) calendar
5 days after the receipt.
6 E. Incidental Expenses. Consultant is solely responsible for all its costs and
7 expenses that are not specified as payable by the County under this Agreement,
8 whether anticipated or those that may materialize.
9 4. INDEMNITY AND INSURANCE
10 A. Duty to Indemnify. Consultant agrees to indemnify, save, hold harmless, and
11 at County's request, defend the County, its officers, agents, and employees from
12 any and all costs and expenses, damages, liabilities, claims, and losses
13 occurring or resulting to County in connection with the performance, or failure to
14 perform, by Consultant, its officers, agents, or employees under this Agreement,
15 and from any and all costs and expenses, damages, liabilities, claims, and losses
16 occurring or resulting to any person, firm, or corporation who may be injured or
17 damaged by the performance, or failure to perform, of Consultant, its officers,
18 agents, or employees under this Agreement.
19 B. Insurance Requirements. Consultant shall comply with all the insurance
20 requirements in Exhibit G to this Agreement, titled "Insurance Requirements."
21 C. Survival. The terms of this Section 4 shall survive the termination of this
22 Agreement.
23 5. BREACH AND TERMINATION
24 A. Termination by County. This Agreement may be immediately terminated by
25 County upon written notice to Consultant if Consultant fails to comply with any
26 or all the terms of this Agreement or Applicant requests that County discontinues
27 processing the project. In no event shall any payment by County constitute a
28 waiver by County of any breach of this Agreement or any default which may then
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1 exist on the part of Consultant. County's termination of this Agreement due to
2 Consultant's breach shall not limit the rights of County to seek other relief,
3 including the recovery of damages.
4 B. Effect of Termination. If this Agreement is terminated as provided in this
5 section, Consultant shall be compensated for satisfactorily performed services
6 completed to the date of termination based upon the compensation rates set
7 forth in Exhibit B, Work Program, and subject to the total sum agreed to herein,
8 together with such additional services satisfactorily performed by Consultant
9 after termination which are authorized by County to complete the work performed
10 to the date of termination.
11 6. WORK PRODUCT
12 A. County Control of Work Product.All reports, studies, data, or other information
13 prepared or assembled by Consultant under this Agreement shall not be
14 provided to any person, association, corporation, or other organization during the
15 term of this Agreement without the prior written consent of County.
16 B. County Right to Disclose. County shall have the unlimited authority to forever
17 publish, disclose, distribute, and otherwise use throughout the world, in whole or
18 in part, and allow others to do so, all reports, studies, data, or other information
19 prepared by Consultant pursuant to this Agreement.
20 C. Ownership of Work Product. All documents prepared or obtained by
21 Consultant shall become the exclusive property of County. Upon termination of
22 this Agreement and prior to any compensation received from County for unpaid
23 services, Consultant shall surrender to County all work products created
24 pursuant to this Agreement without any reservation of rights therein. Consultant
25 may retain such documents only for so long as County authorizes such work
26 product to be retained to allow the completion of work as provided in Subsection
27 5.13 of this Agreement. Consultant may retain copies of any documents prepared
28 or obtained by Consultant and designated as public records under the California
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1 Public Records Act (California Government Code, Title 1, Division 7, Chapter
2 3.5, beginning with section 6250), and such documents may be used by
3 Consultant in any manner after this Agreement has been terminated.
4 D. Format of Documents. The Consultant shall provide (submit, reproduce, and
5 distribute) Draft EIR, Final EIR, MMRP, appendices, exhibits and any additional
6 reference material in the quantities and format(s) as specified in Exhibit B, Work
7 Program, of this Agreement. County will require that Consultant provide
8 documents in both Microsoft Word, Office 2016 (or newer) and Portable
9 Document Format (.pdf) file formats.
10 7. TIME OF PERFORMANCE
11 It is understood that weather and other factors beyond Consultant's control may delay
12 the completion of field work necessary for preparation of the EIR. Consultant will be allowed as
13 many additional days as are necessary to compensate for days lost due to inclement weather
14 or delays resulting from actions by Applicant including but not limited to changes in the project.
15 If additional time is needed because of a delay caused by factors not beyond Consultant's
16 control, Consultant shall timely request an extension of time in writing. The granting of such an
17 extension shall be at the discretion of the Director, or the Director's designee. Neither Party
18 shall be held liable or responsible to the other Party nor be deemed to have defaulted under or
19 breached this Agreement for failure or delay in fulfilling or performing any obligation under this
20 Agreement when such failure or delay is caused by or results from causes beyond the
21 reasonable control of the affected Party, including but not limited to fire, floods, embargoes,
22 war, acts of war, insurrections, riots, strikes, lockouts or other labor disturbances, or acts of
23 God; provided, however, that the Party so affected shall use reasonable commercial efforts to
24 avoid or remove such causes of nonperformance, and shall continue performance hereunder
25 with reasonable dispatch whenever such causes are removed. Either Party shall provide the
26 other Party with prompt written notice of any delay or failure to perform that occurs by reason
27 of force majeure.
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1 8. INDEPENDENT CONTRACTOR
2 In performance of the work, duties, and obligations assumed by Consultant under this
3 Agreement, it is mutually understood and agreed that Consultant, including all of Consultant's
4 officers, agents, employees, and sub-consultants/contractors, will always be acting and
5 performing as an independent contractor, and shall act in an independent capacity and not as
6 an officer,agent, servant, employee,joint venture, partner, or associate of County. Furthermore,
7 County shall have no right to control or supervise or direct the manner or method by which
8 Consultant shall perform its works and function. However, County shall retain the right to
9 administer this Agreement so as to verify that Consultant is performing its obligations in
10 accordance with the terms and conditions thereof. Consultant and County shall comply with all
11 applicable provisions of law and the rules and regulations, if any, of Governmental authorities
12 having jurisdiction over matters the subject thereof. Because of its status as an independent
13 contractor, Consultant shall have no right to employment rights or benefits available to County
14 employees. Consultant shall be solely liable and responsible for providing to, or on behalf of its
15 employees, all legally required employees benefits. In addition, Consultant shall be solely
16 responsible and save County harmless from all matters relating to payment of Consultant's
17 employees, including compliance with Social Security withholding, and all other regulations
18 governing such matters. It is acknowledged that during the term of this Agreement, Consultant
19 may be providing services to others unrelated to County or to this Agreement.
20 9. AUDITS AND INSPECTIONS
21 A. Inspection of Documents. Consultant shall make available to County, and
22 County may examine at any time during business hours and as often as County
23 deems necessary, all of Consultant's records and data with respect to the
24 matters covered by this Agreement, excluding attorney-client privileged
25 communications. Consultant shall, upon request by County, permit County to
26 audit and inspect all such records and data to ensure Consultant's compliance
27 with the terms of this Agreement.
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1 B. State Audit Requirements. If the compensation to be paid by County under this
2 Agreement exceeds $10,000, Consultant is subject to the examination and audit
3 of the California State Auditor, as provided in Government Code section 8546.7,
4 for a period of three years after final payment under this Agreement. This
5 subsection 9.13 survives the termination of this Agreement.
6 C. Public Records. Under this Agreement, Consultant is not permitted to discuss,
7 disclose or release to the public or any third party this Agreement or any
8 information, record or data related to the Project unless specifically authorized
9 by County. County is not limited in any manner with respect to its public
10 disclosure of this Agreement or any record or data that Consultant may provide
11 to the County. County's public disclosure of this Agreement or any record or data
12 that Consultant may provide to County may include but is not limited to the
13 following:
14 (1) County may voluntarily, or upon request by any member of the public or
15 governmental agency, disclose this Agreement to the public or such
16 governmental agency.
17 (2) County may voluntarily, or upon request by any member of the public or
18 governmental agency, disclose to the public or such governmental
19 agency any record or data that Consultant may provide to County, unless
20 such disclosure is prohibited by court order.
21 (3) This Agreement, and any record or data that Consultant may provide to
22 County, is subject to public disclosure under the Ralph M. Brown Act
23 (California Government Code, Title 5, Division 2, Part 1, Chapter 9,
24 beginning with section 54950).
25 (4) This Agreement, and any record or data that Consultant may provide to
26 County, is subject to public disclosure as a public record under the
27 California Public Records Act (California Government Code, Title 1,
28 Division 7, Chapter 3.5, beginning with section 6250) ("CPRA").
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1 (5) This Agreement, and any record or data that Contractor may provide to
2 County, is subject to public disclosure as information concerning the
3 conduct of the people's business of the State of California under
4 California Constitution, Article 1, section 3, subdivision (b).
5 (6) Any marking of confidentiality or restricted access upon or otherwise
6 made with respect to any record or data that Consultant may provide to
7 County shall be disregarded and have no effect on County's right or duty
8 to disclose to the public or governmental agency any such record or data.
9 D. Public Records Act Requests. If County receives a written or oral request
10 under the CPRA to publicly disclose any record that is in Consultant's possession
11 or control, and which County has a right, under any provision of this Agreement
12 or applicable law, to possess or control, then County may demand, in writing,
13 that Consultant deliver to County, for purposes of public disclosure, the
14 requested records that may be in the possession or control of Consultant. Within
15 five business days after County's demand, Consultant shall (a) deliver to the
16 County all of the requested records that are in Consultant's possession or
17 control, together with a written statement that Consultant, after conducting a
18 diligent search, has produced all requested records that are in Consultant's
19 possession or control, or (b) provide to County a written statement that
20 Consultant, after conducting a diligent search, does not possess or control any
21 of the requested records. Consultant shall cooperate with County with respect to
22 any County demand for such records. If Consultant wishes to assert that any
23 specific record or data is exempt from disclosure under the CPRA or other
24 applicable law, it must deliver the record or data to County and assert the
25 exemption by citation to specific legal authority within the written statement that
26 it provides to County under this section. Consultant's assertion of any exemption
27 from disclosure is not binding on County, but County will give at least 10 days'
28 advance written notice to the Contractor before disclosing any record subject to
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1 Consultant's assertion of exemption from disclosure. Consultant shall indemnify
2 the County for any court-ordered award of costs or attorney's fees under the
3 CPRA that results from Consultant's delay, claim of exemption,failure to produce
4 any such records, or failure to cooperate with County with respect to any County
5 demand for any such records.
6 10. MAINTAIN AND PROVIDE ADMINISTRATIVE RECORD
7 If requested by the County, Consultant shall upon request prepare and assemble the
8 Administrative Record (defined in this Section 10 below) and furnish it to County after the Notice
9 of Determination, including the findings and any Statement of Overriding Consideration, are
10 filed with the County Clerk. The "Administrative Record" is defined as the entirety of the
11 information relied upon to prepare the EIR, including without limitation all records identified in
12 California Public Resources Code section 21167.6, subdivision (e). The Administrative Record
13 is inclusive of all information and analyses either generated or obtained from other sources or
14 used to support documentation and analyses. A complete Administrative Record is the entirety
15 of the information relied upon within Consultant's possession plus all information in other
16 locations listed in the references. Information listed in the references at other locations does not
17 have to be included in the Administrative Record, provided the references contain sufficient
18 information for a reasonable member of the public to identify, seek out, and obtain the listed
19 information. Consultant shall organize the information comprising the Administrative Record as
20 an accessible electronic file, indexed by topic to the extent possible, and submit this record to
21 County. The electronically stored information comprising the Administrative Record shall be
22 delivered to the County in in the format in which it is ordinarily maintained.
23 11. CONTRACT ADMINISTRATION
24 Consultant shall notify its appropriate employees of the individual County designates as
25 County Contract Administrator for this EIR. All routine correspondence and telecommunications
26 related to Contract performance and related issues should be addressed as follows:
27
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1 Tawanda Mtunga, Principal Planner
2 Department of Public Works and Planning
3 Development Services and Capital Project Division
4 2220 Tulare Street, 6th floor
5 Fresno, CA 93721
6 Phone: (559) 600-4256
7 e-mail: tmtunga(a fresnocountyca.gov
8 All other notices to County shall be delivered in accordance with Section 12, below.
9 12. NOTICES
10 Addresses for Delivery. Except as otherwise provided in this Agreement, the persons
11 and their addresses having authority to give and receive notices under this Agreement include
12 the following:
13 County:
14 Director of Public Works and Planning
15 Department of Public Works and Planning
16 2220 Tulare Street, Eighth Floor
17 Fresno, CA 93721
18 Attn: Division Manager/Development Services
19
20 Consultant:
21 Janna Scott/Director
22 Environmental Science Associates
23 P.O. Box 7209
24 Carol Stream, IL 60197
25 A. Change of Contact Information. Either Party may change the information
26 provided in this Agreement by giving notice as provided in this section.
27 B. Method of Delivery. Each notice between the County and the Consultant
28 provided for or permitted under this Agreement must be in writing, state that it is
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1 a notice provided under this Agreement, and be delivered either by personal
2 service, by first-class United States mail, by an overnight commercial courier
3 service.
4 (1) A notice delivered by personal service is effective upon service to the
5 recipient.
6 (2) A notice delivered by first-class United States mail is effective three
7 County business days after deposit in the United States mail, postage
8 prepaid, addressed to the recipient.
9 (3) A notice delivered by an overnight commercial courier service is effective
10 one County business day after deposit with the overnight commercial
11 courier service, delivery fees prepaid, with delivery instructions given for
12 next day delivery, addressed to the recipient.
13 C. Claims Presentation. For all claims arising out of or related to this Agreement,
14 nothing in this Section 12 establishes, waives, or modifies any claims
15 presentation requirements or procedures provided by law, including but not
16 limited to the Government Claims Act (Division 3.6 of Title 1 of the Government
17 Code, beginning with section 810).
18 13. DISCLOSURE OF SELF-DEALING TRANSACTIONS
19 A. Applicability. This applies if the Consultant is operating as a corporation or
20 changes its status to operate as a corporation.
21 B. Duty to Disclose. If any member of the Consultant's board of directors is party
22 to a self-dealing transaction, he or she shall disclose the transaction by
23 completing and signing a "Self-Dealing Transaction Disclosure Form" (Exhibit F
24 to this Agreement) and submitting it to the County before commencing the
25 transaction or immediately after.
26 C. Definition. "Self-dealing transaction" means a transaction to which the
27 Consultant is a party and in which one or more of its directors, as an individual,
28 has a material financial interest.
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1 14. GENERAL TERMS
2 A. Effective Date; Term.This Agreement shall become effective upon the Effective
3 Date and shall continue in effect until the obligations of the Parties under this
4 Agreement are complete or until this Agreement is earlier terminated as provided
5 in Section 5 "Breach and Termination."
6 B. Amendments or Modification.Any changes to this Agreement requested either
7 by County or Consultant may only be affected if mutually agreed upon in writing
8 by duly authorized representatives of the Parties hereto. Except as provided in
9 Section 5, "Breach and Termination," this Agreement may not be modified, and
10 no waiver is effective, except by written agreement signed by both Parties. The
11 Consultant acknowledges that County employees have no authority to modify
12 this Agreement except as expressly provided in this Agreement.
13 C. Non-Assignment. Neither Party may assign its rights or delegate its obligations
14 under this Agreement without the prior written consent of the other Party.
15 D. Governing Law. The laws of the State of California govern all matters arising
16 from or related to this Agreement.
17 E. Jurisdiction and Venue. This Agreement is signed and performed in Fresno
18 County, California. Consultant consents to California jurisdiction for actions
19 arising from or related to this Agreement, and, subject to the Government Claims
20 Act, all such actions must be brought and maintained in Fresno County.
21 F. Construction. The final form of this Agreement is the result of the Parties'
22 combined efforts. If anything in this Agreement is found by a court of competent
23 jurisdiction to be ambiguous, that ambiguity shall not be resolved by construing
24 the terms of this Agreement against either Party.
25 G. Headings; Construction; Statutory References. The headings and section
26 titles in this Agreement are for convenience only and are not part of this
27 Agreement. The final form of this Agreement is the result of the Parties'
28 combined efforts and negotiations between the Parties. If anything in this
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1 Agreement is found by a court of competent jurisdiction to be ambiguous, that
2 ambiguity shall not be resolved by construing the terms of this Agreement
3 against either Party. The language of this Agreement shall be construed as a
4 whole according to its fair meaning and not strictly for or against any Party. Any
5 rule of construction to the effect that ambiguities are to be resolved against the
6 drafting Party shall not apply in interpreting this Agreement. All references in this
7 Agreement to statutes, regulations, ordinances or resolutions of the United
8 States, the State of California, or County of Fresno shall be deemed to include
9 the same statute, regulation, ordinance, or resolution as hereafter amended or
10 renumbered, or if repealed, to such other provisions as may thereafter govern
11 the same subject. In the event of any inconsistency between the text of this
12 Agreement and the Exhibits attached to this Agreement, such ambiguity shall be
13 resolved in the following order of priority: (1)the text of this Agreement, excluding
14 the Exhibits, (2) Exhibit G (Insurance Requirements), (3) Exhibit F (Self-Dealing
15 Transactions), (4) Exhibit D (Compensation), (5) Exhibit E (Extra Services), (6)
16 Exhibit C (Scope of Services), (7) Exhibit B (Work Program), and (8) Exhibit A
17 (Project Description).
18 H. Severability. If anything in this Agreement is found by a court of competent
19 jurisdiction to be unlawful or otherwise unenforceable, the balance of this
20 Agreement remains in effect, and the Parties shall make best efforts to replace
21 the unlawful or unenforceable part of this Agreement with lawful and enforceable
22 terms intended to accomplish the Parties' original intent.
23 I. Nondiscrimination. During the performance of this Agreement, the Consultant
24 shall not unlawfully discriminate against any employee or applicant for
25 employment, or recipient of services, because of race, religious creed, color,
26 national origin, ancestry, physical disability, mental disability, medical condition,
27 genetic information, marital status, sex, gender, gender identity, gender
28
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1 expression, age, sexual orientation, military status or veteran status pursuant to
2 all applicable State of California and federal statutes and regulation-
3 J. No Waiver. Payment, waiver, or discharge by County of any liability or obligation
4 of the Consultant under this Agreement on any one or more occasions is not a
5 waiver of performance of any continuing or other obligation of Consultant and
6 does not prohibit enforcement by the County of any obligation on any other
7 occasion.
8 K. Entire Agreement. This Agreement constitutes the entire Agreement between
9 Consultant and County with respect to the subject matter hereof and supersedes
10 all previous negotiations, proposals, commitments, writing, advertisements,
11 publications, and understandings of any nature whatsoever, including without
12 limitation the Previous Consultant Agreement, unless expressly included in this
13 Agreement.
14 L_ No Third-Party Beneficiaries. This Agreement does not and is not intended to
15 create any rights or obligations for any person or entity, including without
16 limitation the Applicant, except for the Parties.
17 M. Binding Upon Successors. This Agreement shall be binding upon and inure to
18 the benefit of the Parties and their respective successors in interest, assigns,
19 legal representatives, and heirs.
20 N. Authorized Signatures. The Consultant represents and warrants to County
21 that:
22 (1) Consultant is duly authorized and empowered to sign and perform its
23 obligations under this Agreement.
24 (2) The individual signing this Agreement on behalf of Consultant is duly
25 authorized to do so and his or her signature on this Agreement legally
26 binds Consultant to the terms of this Agreement.
27 O. Electronic Signatures.The Parties agree that this Agreement may be executed
28 by electronic signature as provided in this section.
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1 (1) An "electronic signature" means any symbol or process intended by an
2 individual signing this Agreement to represent their signature, including
3 but not limited to (a) a digital signature; (b) a faxed version of an original
4 handwritten signature; or (c) an electronically scanned and transmitted
5 (for example by PDF document) version of an original handwritten
6 signature.
7 (2) Each electronic signature affixed or attached to this Agreement (a) is
8 deemed equivalent to a valid original handwritten signature of the person
9 signing this Agreement for all purposes, including but not limited to
10 evidentiary proof in any administrative or judicial proceeding, and (b) has
11 the same force and effect as the valid original handwritten signature of
12 that person.
13 (3) The provisions of this section satisfy the requirements of Civil Code
14 section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act
15 (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
16 (4) Each Party using a digital signature represents that it has undertaken and
17 satisfied the requirements of Government Code section 16.5, subdivision
18 (a), paragraphs (1) through (5), and agrees that each other Party may
19 rely upon that representation.
20 (5) This Agreement is not conditioned upon the Parties conducting the
21 transactions under it by electronic means and either Party may sign this
22 Agreement with an original handwritten signature.
23 P. Counterparts. This Agreement may be signed in counterparts, each of which is
24 an original, and all of which together constitute this Agreement.
25 [Signature page follows.]
26
27
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1 In witness whereof, the Parties are signing this Agreement as of the Elective Date.
2 CONSULTANT: COUNTY OF FRESH O:
3 Environmental Science Associates, Inc. Dept. of Public Works and Planning
4
5 t a'Ma Scott
6 Janna Scott STEVEN �. WHITE PE, PLS
7 Vice President DEPARTMENT OF PUBLIC
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WORKS AND PLANNING
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11 ORG. NO.: 4360-0200
12 SUBCLASS NO.: 10000
13 FUND NO.: 0001
14 ACCOUNT NO.: 7295
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Consultant Agreement— Environmental Science Associates
Page 18 of 18
1 Exhibit A
2 Project Description
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4 (See Attached)
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Consultant Agreement— Environmental Science Associates
A-1
PROJECT DESCRIPTION
Sequoia Solar Project
Fresno County, California
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March 4, 2025
Clearway
Sequoia Renewables LLC
Project Description Sequoia Solar Project
TABLE OF CONTENTS
1.0 OVERVIEW......................................................................................................................................1
2.0 PROJECT OBJECTIVES................................................................................................................4
3.0 PROJECT LOCATION AND SITE HISTORY.................................................................................5
3.1 Location..................................................................................................................................5
3.2 Site History.............................................................................................................................5
3.2.1 Historic Water Use....................................................................................................5
4.0 PROJECT SITE—PARCELS TO BE DEVELOPED ......................................................................7
5.0 SCHEDULE .....................................................................................................................................8
6.0 SURROUNDING LAND USES AND CONDITIONS .......................................................................9
6.1 Local Setting.........................................................................................................................11
7.0 COUNTY ZONING DISTRICT AND SOLAR GUIDELINES..........................................................12
7.1 General Plan and Zoning.....................................................................................................12
7.2 Solar Facility Guidelines....................................................................................................... 12
8.0 DETAILED PROJECT DESCRIPTION .........................................................................................13
8.1 Facilities and Design............................................................................................................ 13
8.1.1 Overview of Solar Technology................................................................................13
8.1.2 Photovoltaic Modules and Support Structures........................................................13
8.1.3 Power Conditioning Stations (Inverters and Transformers)....................................14
8.1.4 Substation ...............................................................................................................14
8.1.5 Interconnection........................................................................................................15
8.1.6 Battery Energy Storage System..............................................................................15
8.1.7 Telecommunications...............................................................................................17
8.1.8 Meteorological Data Collection System .................................................................. 17
8.1.9 Access Roads.........................................................................................................17
8.1.10 Perimeter Fencing and Security.............................................................................. 17
8.1.11 Signage................................................................................................................... 17
8.1.12 Lighting.................................................................................................................... 18
8.1.13 Stormwater Facilities...............................................................................................18
8.1.14 Other Infrastructure................................................................................................. 18
8.1.15 Applicant-Proposed Best Management Practices ..................................................18
8.2 Construction.........................................................................................................................19
8.2.1 Site Preparation and Grading .................................................................................19
8.2.2 Construction Access Routes and Laydown Areas..................................................19
8.3 Construction Activities and Equipment ................................................................................19
8.4 Operations............................................................................................................................20
8.5 Decommissioning.................................................................................................................21
March 2025 iii D Clearway
Project Description Sequoia Solar Project
9.0 PERMITS AND CONSULTATIONS..............................................................................................21
9.1 Potential Permit Requirements............................................................................................21
9.2 Consultations........................................................................................................................22
TABLES
Table1. Historic Water Use..........................................................................................................................6
Table 2a. Project Site Assessor's Parcel Numbers......................................................................................7
Table 2b. Gen-Tie Line Assessor's Parcel Numbers....................................................................................7
FIGURES
Figure1. Project Vicinity...............................................................................................................................2
Figure2. Project Site ....................................................................................................................................3
Figure 3. Surrounding Land Uses...............................................................................................................10
Figure 4. Typical Tracker Panel and Pier Design .......................................................................................14
March 2025 iv '. Clearway
Project Description Sequoia Solar Project
ACRONYMS AND ABBREVIATIONS
AC alternating current
Applicant Sequoia Renewables LLC
BESS battery energy storage system
CCR California Code of Regulations
CEQA California Environmental Quality Act
DC direct current
HVAC heating, ventilation, and air conditioning
kV kilovolt
LFP lithium iron phosphate
LMO lithium manganese oxide
LTO lithium titanate oxide
MW megawatt
NCA nickel cobalt aluminum
NMC nickel manganese cobalt
PCs power conditioning station
PG&E Pacific Gas and Electric
POI Point of Interconnection
Project Sequoia Solar Project
PV photovoltaic
RPS Renewable Portfolio Standard
SCADA Supervisory Control and Data Acquisition
SB Senate Bill
UCUP Unclassified Conditional Use Permit
March 2025 v Clearway
Project Description Sequoia Solar Project
1.0 OVERVIEW
Sequoia Renewables LLC (Applicant), a wholly-owned, indirect subsidiary of Clearway Energy Group
LLC, is proposing to develop, own, and operate the Sequoia Solar Project(Project) in Fresno County,
California, 11 miles south of the city of Mendota within the unincorporated area of Levis (Figure 1).The
Project consists of constructing and operating a photovoltaic(PV) solar electricity generating facility and
battery energy storage system (BESS) and associated infrastructure that would produce and store up to
approximately 200 megawatts (MW) of alternating current(AC) energy at the point of electrical grid
interconnection on approximately 1,900 acres of privately owned agricultural land (Figure 2) in western
Fresno County. The Project would include the construction of solar arrays, a BESS, an electrical
substation with a control room building, and other necessary infrastructure including an operation and
maintenance building, septic system, a supervisory control and data acquisition (SCADA) system, a
meteorological data system, buried conduit for electrical wires, overhead and underground collector lines,
offsite generational interconnection transmission (gen-tie) line, telecommunications facilities, on-site
access roads, and security fencing.
The Project site is zoned Exclusive Agriculture AE—20, Exclusive Agriculture; 20-acre minimum parcel
size. Within this zoning district, Fresno County(County) permits utility-scale solar energy uses with an
Unclassified Conditional Use Permit(UCUP). The Applicant selected the Project site based on its
previously disturbed nature and close proximity to electrical infrastructure and designed the Project in
accordance with state and County regulations.
March 2025 1 Clearway
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Figure 1 Clearway Energy
Project Vicinity Sequoia Solar
Q Project Site
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Revised:1212120241 NOT FOR CONSTRUCTION ry
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Project Site Sequoia Solar
Project Site
Proposed Gen-tie Line
0 0.5 1 N
TETRA TECH 1:60,000 Miles A Fresno County,CA
Revised:1212120241 NOT FOR CONSTRUCTION
Project Description Sequoia Solar Project
2.0 PROJECT OBJECTIVES
The Applicant is proposing to construct the Project to meet the following objectives:
• Establish a PV solar power-generating facility of a sufficient size and configuration to produce 200
MW(AC) of electricity at the Point of Interconnection (POI) in a cost-competitive manner;
• Establish an energy storage system of a sufficient size and configuration to store up to
approximately 200 MW(AC) of electricity for at least four-hour discharge in a cost-competitive
manner
• Assist California utilities in meeting their obligations under California's Renewable Portfolio
Standard (RPS) Program and Senate Bill 100 (SB 100), which calls for 100 percent of all
electricity sold in California to come from carbon-free resources by 2045, including 60 percent
renewables by 2030;
• Assist California utilities in meeting their obligations under the CPUC's Energy Storage
Framework and Design Program;
• Provide a utility-scale solar generation facility on previously-disturbed lands that provide minimal
habitat value for wildlife;
• Develop sites in close proximity to transmission infrastructure in order to minimize environmental
impacts; and
• Create jobs and tax revenue for Fresno County.
March 2025 4 ``' Clearway
Y%
Project Description Sequoia Solar Project
3.0 PROJECT" • + • HISTORY
3.1 LOCATION
The Project site is located in unincorporated Fresno County and generally bound by flat, agricultural lands
and other solar energy generation facilities. The nearest city is Tranquillity, approximately 10 miles to the
east-northeast. Interstate 5, paralleled to the east by the California Aqueduct, is approximately 5 miles to
the west as well as to the south of Project site. The city of Mendota is approximately 11 miles north and
the city of San Joaquin is approximately 12 miles east of the Project site. The San Joaquin Airport is
roughly 10.5 miles east of the Project site.
More specifically, the solar portion of the site is bounded by Manning Avenue to the north, South San
Bernardino Avenue to the east, West Floral Avenue to the south, and an unnamed road approximately
2,650 feet west of South Washoe Avenue. West Dinuba Avenue cuts through the approximate middle of
the Project site from east to west and South San Diego Avenue cuts through the approximate middle of
the Project site from north to south.The proposed gen-tie line continues off-site to the east between
Manning Avenue and West Dinuba Avenue to approximately South Ohio Avenue.
The Project site and off-site gen-tie is entirely within the U.S. Geological Survey 7.5-minute topographic
quadrangle of Levis. The Project site and gen-tie is located within Township 15 South, Range 14 East,
Sections 26, 27, 28, 29, and 33. The Project site is located approximately within the latitudes of 36.56'
and 36.60' and within the longitudes of-120.47' and -120.41° (in decimal degrees). The Project site
centroid is located at approximately latitude/longitude 36°35'36.90" N/120°26'34.11"W(WGS1984).
Figure 1 displays the Project location.
3.2 SITE HISTORY
The Project site is located on lands owned by David and Marilyn Britz 2004 Living Trust(APNs 028-190-
28S, 028-190-29S, 028-190-30S, 028-090-07S, 028-090-21 S, and 028-090-80S) and P&D Trust(APNs
028-101-60, 028-101-64S, and 028-101-03S).The off-site gen-tie corridor is located on lands owned by
D&S&E LLC (APNs 028-101-83S and 028-101-04S) and Luna Valley Land Holdings LLC (APN 028-100-
85).
The Project site is located in an area of agricultural land use and identified as Prime Farmland, Farmland
of Statewide Importance, and Farmland of Local Importance on the State Important Farmlands maps. In
Fresno County, farmland of local importance includes all farmable lands that do not meet the definitions
of Prime, Statewide, or Unique farmland.The Project site has historically been used for irrigated
agriculture, including the production of cotton, tomatoes, wheat, garbanzo beans, garlic, onions, carrots,
melons, hemp, and pistachio trees. A majority of the Project parcels, including a portion of the gen-tie line
parcels, are also covered by existing Williamson Act Contracts. The Applicant is also proposing to file for
cancellation of the existing Williamson Act Contracts within the Project site and partially cancel the
existing Williamson Act Contract along the gen-tie line.
Highway 33, located approximately 2 miles to the east of the Project site, extends from Ventura County in
the south to San Joaquin County in the north. Designated as a state highway in 1934, Highway 33
traverses a desolate area of the Central Valley between Interstate 5 and Highway 99. Highway 33 traffic
was significantly reduced as a result of Interstate 5 development.
3.2.1 Historic Water Use
Project site parcels have historically been used for irrigated crop production, including cotton, tomatoes,
wheat, garbanzo beans, garlic, onions, carrots, melons, hemp, and pistachio trees (Table 1). Crop yield
March 2025 5 Clearway
Project Description Sequoia Solar Project
data for the Project site parcels is partially available and found to be consistent with regional dry farming
yields. During dry years with insufficient rainfall or water allocations for crop production, parcels were
fallow or only partially planted based on water district allocations. Two parcels (APNs 028-090-80S and
020-190-028S) have wells. The wells are located at approximately 36'35'13.20.96" N/ 120°27'37.32" W
and 36°34'53.52" N/ 120°27'6.33"W, respectively. The wells are not currently used for agricultural
purposes and the water table is an unknown number of feet below the surface of the ground. All water
used within the Project site parcels is provided from the water district.
Table 1. Historic Water Use
Historical Ag Use Source of water
Assessor's (if none within for parcel
Parcel Irrigation past 10 years, Crop Types (irrigation Well On-
Number Covenant specify what (10 years) district,well(s), site?
was last in ag conjunctive
use s stem
028-190-28S Yes Irrigated Crop Cotton,Tomatoes,Wheat, Irrigation District Yes
Production Garbanzo Beans, Garlic, Onions
028-190-29S Yes Irrigated Crop Cotton,Tomatoes,Wheat, Irrigation District No
Production Garbanzo Beans, Garlic, Onions
028-190-30S Yes Irrigated Crop Cotton,Tomatoes,Wheat, Irrigation District No
Production Garbanzo Beans, Garlic, Onions
028-090-07S Yes Irrigated Crop Cotton,Tomatoes,Wheat, Irrigation District No
Production Garbanzo Beans, Garlic, Onions
028-090-21S Yes Irrigated Crop Cotton,Tomatoes,Wheat, Irrigation District No
Production Garbanzo Beans, Garlic, Onions
028-090-80S Yes Irrigated Crop Cotton,Tomatoes,Wheat, Irrigation District Yes
Production Garbanzo Beans, Garlic, Onions
028-101-60 Yes Irrigated Crop Carrots,Wheat, Tomatoes, Irrigation District No
Production Melons, Hemp
028-101-64S Yes Irrigated Crop Carrots,Wheat,Tomatoes, Irrigation District No
Production Melons, Hemp
028-101-03S Yes Irrigated Crop Carrots,Wheat, Tomatoes, Irrigation District No
Production Melons, Hemp
028-101-83S Yes Irrigated Crop Pistachio Trees Irrigation District Unknown
Production
028-101-04S Yes Irrigated Crop Pistachio Trees Irrigation District Unknown
Production
028-100-85 Yes Fallowed Dry Wheat,alfalfa seed, Grazing Irrigation District No
Farmed non
irrigated
Source:Britz 2004 Living Trust,P&D Trust,D&S&E LLC,and Luna Valley Land Holdings LLC
March 2025 6 Clearway
Project Description Sequoia Solar Project
4.0 PROJECT SITE - PARCELS TO BE DEVELOPED
Table 2a shows the assessor's parcel numbers for the Project site. Table 2b shows the assessor's parcel
numbers for the gen-tie line.
Table 2a. Project Site Assessor's Parcel Numbers
028-190-28S 028-190-29S 028-190-30S
028-090-80S 028-090-21 S 028-090-07S
028-101-60 028-101-64S 028-101-03S
Table 2b. Gen-Tie Line Assessor's Parcel Numbers
028-101-83S 028-101-04S 028-100-85
March 2025 7 Clearway
Project Description Sequoia Solar Project
5.0 SCHEDULE
Construction is anticipated to begin in 2028. The facility would begin operation in 2030.
March 2025 8 Clearway
Project Description Sequoia Solar Project
6.0 SURROUNDING LAND USES AND CONDITIONS
The Project site is largely surrounded by existing agriculture and existing operational utility scale solar
projects. The Project site is within an unincorporated area of the Central Valley, west of Fresno,
designated for agricultural use.
In addition to the immediate agricultural use, the surrounding areas are mostly agricultural or
undeveloped land with few rural residences. Several solar energy facilities are operating or under
development in the immediate surrounding area, including the Tranquillity Solar Project, Scarlet Solar
Energy Project, Heartland Solar Project, and Luna Valley Solar Project. Also nearby are Interstate 5, the
California Aqueduct, the San Joaquin Airport, and the cities of Mendota, Tranquillity, and San Joaquin.
The AE-20 County zoning district permits utility-scale solar energy uses with a LICLIP. The Project site is
located within the Fresno County Fire Protection District and thus Project plans will be reviewed
accordingly.
Figure 3 shows the land uses surrounding the Project site.
March 2025 9 Clearway
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Figure 3 Clearway Energy
General Plan Sequoia Solar
Project Site Fresno County Zoning
Proposed Gen-tie Line Exclusive Agricultural
Zone 20-Acre Minimum
(AE20)
Exclusive Agricultural
Zone 40-Acre Minimum
(AE40)
0 0.5 1® eN TETRA TECH 1:60,000 Miles /\ Fresno County,CA
Revised:1212120241 NOT FOR CONSTRUCTION /V
Project Description Sequoia Solar Project
6.1 LOCAL SETTING
The Project site is located within the Central Valley region of Fresno County. The region consists of a
single broad, flat valley, drained by the San Joaquin River and its tributaries, bound by the Sierra Nevada
to the east and the Coast Range to the west. The elevation ranges from about 150 to 450 feet above sea
level. Historically, the dominant habitat types were and grasslands and shrub lands with expansive Valley
Oak riparian woodlands and freshwater emergent wetlands in the proximity of water sources. Today, most
of the land has been converted for agricultural uses.
The Project site is in an unincorporated area of Fresno County 10 miles west-southwest of the city of
Tranquillity. Land use in the area is mostly agricultural interspersed with sparse rural residential
development and solar energy facilities that are currently operating or under development. The nearest
rural residences are located approximately 2 miles southeast from the southeast corner of the Project site
along an unnamed roadway 0.25-mile south of West Nebraska Avenue and 0.5-mile east of South San
Bernardino Avenue. Interstate 5, paralleled to the east by the California Aqueduct, is approximately 5
miles to the west as well as to the south of Project site. The city of Mendota is approximately 10 miles
north and the city of San Joaquin is approximately 12 miles east of Project site. The San Joaquin Airport
is roughly 10.5 miles east of the Project site. The San Joaquin Airport is roughly 10.5 miles east.
The Project site is within the Fresno County Fire Protection District. The nearest fire station is in
Tranquillity at 25101 W. Morton Avenue.
According to data from the California Department of Conservation's Farmland Mapping and Monitoring
Program, the Project site includes lands identified as Prime Farmland, Farmland of Statewide Importance,
and Farmland of Local Importance. In Fresno County, Farmland of Local Importance includes all farmable
lands that do not meet the definitions of Prime, Statewide, or Unique farmland. This includes land that is
or has been used for irrigated pasture, dryland farming, confined livestock and dairy, poultry facilities,
aquaculture, and grazing land. Currently, the Project site is used for irrigated farming including hemp,
pistachios, wheat, cotton, and garlic.
According to the Natural Resources Conservation Service's Web Soil Survey, the Project site includes
four types of soil. The soils are: Ciervo,wet-Ciervo complex(approximately 50 percent of the site),
Panoche clay loam (approximately 25 percent of the site), Ciervo clay(approximately 20 percent of the
site), and Calfax clay loam (approximately 5 percent of the site).
Interstate 5 is the only major transportation route near the site. The Interstate runs north to south
connecting southern California to northern California and the Pacific Northwest. Near the site, the
Interstate veers slightly south-southeast and thus is approximately 5 miles to the west as well as to the
south of Project site. Most roadways in the immediate Project site vicinity are unimproved or paved
without curb or sidewalk improvements. Manning Avenue,which borders the northern extent of the
Project site, connects the cities of Tranquillity and San Joaquin to Interstate 5. Highway 33, located 2
miles east of the Project site, connects the city of Mendota to the Interstate.
The nearest airport is the privately-owned San Joaquin Airport(CA32).The nearest major airport is the
Fresno Yosemite International Airport, which is over 40 miles from the Project site.
The nearest military facility is approximately 30 miles to the southeast at the Naval Air Station in Lemoore.
March 2025 11
D Clearway
Project Description Sequoia Solar Project
7.0 COUNTY ZONINGSOLAR
7.1 GENERAL PLAN AND ZONING
The Project site is zoned AE—20, Exclusive Agriculture; 20-acre minimum parcel size. This County zone
designation permits a PV solar and energy storage facility with a UCUP.
7.2 SOLAR FACILITY GUIDELINES
Fresno County's Solar Facility Guidelines (as revised by the Board of Supervisors on December 12,
2017) set forth the County's policies for solar project development. The purpose of the guidelines is to
help balance the development of solar projects with the need to"protect important farmlands and
minimize impacts to existing agricultural operations."
The Project is designed with a buffer between the solar facility and adjacent agricultural fields. In
compliance with the Guidelines, the Applicant will acknowledge the County's Right to Farm Ordinance
and will record a Right to Farm Notice. To facilitate a possible return to agricultural uses after the life span
of the Project, the Applicant is submiting to the County a draft reclamation plan detailing the removal of
Project improvements and specific measures to return the site to its condition prior to construction.
March 2025 12 Clearway
Project Description Sequoia Solar Project
8.0 DETAILED PROJECT• •
8.1 FACILITIES AND DESIGN
8.1.1 Overview of Solar Technology
The Project would include a solar energy generating facility, direct current(DC) electricity to alternating
current(AC) electricity power inverters and transformers or power conditioning stations, a Project on-site
substation, BESS, and a connection to the PG&E-owned Tranquillity Switching Station via connection to
the existing Luna Valley Solar Project substation. Major Project features are described below and
displayed on the submitted Site Plan.
Other Project components include access roads, perimeter fences, telecommunications, a meteorological
data collection system, signage, lighting, stormwater facilities, backup power system, and an operations
and maintenance building. These components are discussed in detail below.
8.1.2 Photovoltaic Modules and Support Structures
The solar facility would consist of PV solar modules that track the sun (Figure 4). The PV modules on the
trackers convert sunlight into electricity. When modules are mounted on tracking devices,they are
referred to as trackers or tracker blocks. The trackers are organized in rows in a uniform grid pattern or
solar array. The proposed Project would have multiple solar arrays interconnected to form a utility-scale
PV system.
The modules may be constructed of glass encasing crystalline silicon, poly crystalline silicon, or thin film
technology. The PV modules would be dark blue, almost black in color, with minimal light reflection. A
plastic binding material and metal frame provides structural rigidity.The solar modules would be self-
contained, durably constructed units designed to withstand exposure to the elements for a period of 35
years or greater. The solar modules deployed for use in the Project would be certified to comply with all
industry standard quality testing. Modules would be electrically connected and grounded. The Project
would be designed in accordance with local and state codes and regulations. The final panel selection
would be determined at the detailed Project-engineering phase.
To support the trackers, the Project would utilize a single-axis tracking system designed to optimize
power production of the modules by ensuring proper orientation to the sun both daily and seasonally.
Metal piers driven into the ground by a pile-driving machine support the single-axis tracking systems. Pier
placement begins with a precise surveyed layout, ensuring proper positioning of remaining tracker
assembly parts.Affixed to the top of each pier is a pier cap and bearing assembly that supports and
allows proper movement of the torque tube assembly. Single-axis tracking systems require an electric
drive motor that provides rotational force to the torque tube.
The trackers would be separated by distances to accommodate maintenance personnel and design
parameters that meet applicable Fresno County fire safety requirements. Modules would be organized in
rows in a uniform grid pattern, with each row separated by approximately 15-30 feet(from post to post).
March 2025 13 Clearway
Project Description Sequoia Solar Project
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Figure 4. Typical Tracker Panel and Pier Design
8.1.3 Power Conditioning Stations (Inverters and Transformers)
Individual PV modules would be connected together in series to create a"string" of modules. Inverters in
the power conditioning stations (PCS) convert the DC electricity produced by the PV modules to AC
electricity. The PCS transformers then step up the AC electricity to the appropriate collection level voltage
(34.5 kilovolt[kV])for movement to the Project substation. The number of modules connected to each
PCS would vary with module output relative to inverter size and desired output from the PCS.
The PCS would be distributed strategically throughout the Project site and the inverters and transformers,
as well as other electrical equipment that comprises each PCS, would be contained within electrical
equipment enclosures.
Each inverter and transformer will be installed as per manufacturer's requirements.
8.1.4 Substation
A substation would be constructed as part of the Project. The Project substation would include
transformers, breakers, switches, meters, and related equipment. All interconnection equipment would be
installed aboveground and within the footprint of the substation.The overall footprint of the Project
substation is anticipated to be approximately 500 feet by 500 feet with structures up to 175 feet in height.
March 2025 14 '? Clearway
Project Description Sequoia Solar Project
The Project substation may also contain a control room building approximately 40 feet by 40 feet with an
overall height of less than 15 feet. The substation would be surrounded by an 8-foot barbed wire chain-
link fence to comply with electrical codes. The control room may be outside the fenced area.
The substation must have access to communication systems in the area to comply with Federal Energy
Regulatory Commission/California Independent System Operator utility monitoring and control
requirements. Compliance may be accomplished by underground lines, aboveground lines, or using
wireless technology.
8.1.5 Interconnection
To interconnect to the grid, the Project includes construction of a new 230 kV gen-tie line that would
extend from the on-site Project substation to the existing Luna Valley project substation. From there, the
Project would share the existing Luna Valley gen-tie line as it ties into the existing PG&E Tranquillity
Switching Station. The new gen-tie line would be up to approximately 2.5 miles in length and include up to
approximately 40 new poles of up to 200 feet in height. Minor improvements to the Luna Valley project
substation and the PG&E Tranquillity Switching Station may be required, to be further determined by
PG&E and project design. Expansion of the Luna Valley Project substation and Tranquillity Switching
Station is not anticipated.
8.1.6 Battery Energy Storage System
BESS components (batteries, etc.) are advantageous for renewable energy projects because they allow
energy to be reliably fed to the grid from an otherwise intermittent energy production source. The BESS is
expected to be either located adjacent to the Project substation or distributed throughout the solar array
at the inverter equipment pads or tracker rows. For either configuration, the batteries would be self-
contained within steel enclosures. These enclosures cannot be entered or occupied by people and would
be accessed via exterior cabinet doors. The color of the metal enclosure has not yet been determined; it
typically varies by manufacturer. The battery enclosures typically are up to approximately 10 feet wide by
30 feet long by 12 feet high.
The key components of the BESS are described below.
• Batteries. Individual lithium-ion cells form the core of the BESS. Cells are assembled either in
series or parallel connection, in sealed battery modules.The battery modules would be installed
in self-supporting racks electrically connected either in series or parallel to each other. The
operating rack-level DC voltage currently ranges between 700 and 1,500 volts. The individual
battery racks are connected in series or a parallel configuration to deliver the battery storage
system energy and power rating.
• System Enclosure and Controller. The battery storage system enclosure would house the
batteries described above, as well as the battery storage system controller. The battery storage
system controller is a multilevel control system designed to provide a hierarchical system of
controls for the battery modules, PCS, medium voltage system, and up to the point of connection
with the electrical grid. The controllers ensure that the battery storage system effectively mimics
conventional turbine generators when responding to grid emergency conditions. The battery
storage system enclosure would also house required heating, ventilation, and air conditioning
(HVAC) and fire protection systems.
• DC/DC Converter. In a DC-coupled system, the DC/DC converter allows the connection of the
battery storage system to the DC side of the PV inverter. The DC/DC converter manages the
battery and PV bus voltage and provides appropriate protections for the PV inverter.
• PCS- Inverter.The PCS consists of an inverter, protection equipment, circuit breakers, air filter
equipment, equipment terminals, and cabling. Electricity is transferred from the PV array (or
power grid) to the Project batteries during a battery charging cycle and from the Project batteries
March 2025 15 ?; Clearway
Project Description Sequoia Solar Project
to the power grid during a battery discharge cycle. The inverter is bi-directional, with the ability to
convert power from AC to DC when the energy is transferred from the grid to the battery and from
DC to AC when the energy is transferred from the battery to the grid.The inverter DC operating
voltage would be between 700 and 1,500 volts, with a typical power rating of approximately 3,000
kilowatts. The inverter AC operating voltage may be approximately 630 volts AC nominal. Voltage
is increased to medium voltage levels (typically approximately 13-34.5 kV) when combined with a
medium voltage transformer. Voltage and power ratings are specific to the equipment
manufacturer and product model. The installed equipment would be selected at a later date and
therefore is subject to change.
• Medium Voltage Transformer. A separate medium voltage transformer may be present if not
integrated into the inverter skid. This would be a pad-mounted transformer used to increase
voltage on the AC side of the inverter from low to medium voltage. Medium voltage transformers
are used to increase the efficiency of power transmission, associated with reduced resistive
power losses higher voltage.
The BESS would likely use one of several available lithium-ion technologies, though alternatives may be
considered (such as flow batteries or fly-wheel technology) given continuing rapid technological change in
the battery industry. In general, a lithium-ion battery is a rechargeable battery consisting of three major
functional components: a positive electrode made from metal oxide, a negative electrode made from
carbon, and an electrolyte made from lithium salt. Lithium ions move from negative to positive electrodes
during discharging and in the opposite direction when charging. Five major lithium-ion battery sub-
chemistries are commercially available:
• Lithium nickel cobalt aluminum (NCA)
• Lithium nickel manganese cobalt (NMC)
• Lithium manganese oxide (LMO)
• Lithium titanate oxide (LTO)
• Lithium iron phosphate (LFP)
Selection of the lithium-ion sub-chemistry for the Project would take into consideration various technical
factors, including safety, life span, energy performance, and cost.
The proposed BESS would be designed, constructed, operated, and maintained in accordance with
existing federal, state, and local regulations for health and safety. The Applicant would select batteries or
BESS providers that comply with the application-specific codes, standards, and regulations for the siting,
construction, and operation of lithium-ion stationary BESS.
The configuration of the safety system would be determined based on site-specific environmental factors
and associated fire response strategy. The BESS would contain a safety system that would be triggered
automatically when the system senses imminent fire danger. The fire safety system inside each enclosure
would shut down the unit if any hazard indicators are detected. If the safety system detects a potential
issue as detected by the smoke and temperature sensors, the batteries would be automatically
deenergized by opening the electrical contacts, and HVAC units and fans are shut off. The enclosure wall
is designed to contain the fire, providing sufficient time for the fire to die down and allow the system to
cool. Fire responders are trained to monitor fire from a safe distance using infrared cameras until
temperature of the affected enclosure cools to ambient temperature.
Additionally, an Emergency Response Plan will be developed for the Project and used to train local
emergency response personnel during construction and operations of the facility. The plan will be
completed in accordance with existing state regulations (Health and Safety Code [HSC]§25504(b); 19
California Code of Regulations [CCR] §2731; 22 CCR§66262.34(a)(4)). The contents of the Emergency
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Project Description Sequoia Solar Project
Response Plan would comply with existing state regulations and include the following components and
involve training for the local fire responders:
• Developed in consultation with Fire Department and BESS Supplier
• Defined roles and responsibilities
• Potential emergency scenarios including fire
• On-site training of fire personnel and on-site Project staff
• Training for local first responders
8.1.7 Telecommunications
The Project would require connection with the existing local telecommunication service.A
telecommunication line is comprised of fiber optic cable and/or 25-pair telephone line, which would be
installed above and below ground, either attached to existing distribution lines or installed immediately
adjacent to the Project substation. The telecommunication routes would use a combination of existing
poles or new poles and below ground installations. Lines would be placed within utility franchise
easements to the extent feasible. The point of interconnection to the existing telecommunication facilities
would be in a small telephone/fiber optic vault. Interconnection to the Project would be within the Project
substation. Below ground installations are usually installed 24-48 inches below grade. Aboveground lines
are typically placed 6 feet below existing distribution lines or on new, adjacent wooden poles.
Telecommunications may also be transmitted by a small wireless antenna,which would be placed at the
Project substation.
8.1.8 Meteorological Data Collection System
The Project would require several meteorological data collection systems. The systems would include a
variety of instruments to collect meteorological data, which would be mounted at various locations
throughout the facility. The meteorological data would be collected at the level of the solar panels or
approximately 10 feet above the ground.
8.1.9 Access Roads
Access to the Project site would be primarily via main entrances along South San Diego Avenue.
Additional access points would be located along West Dinuba Avenue, South Washoe Avenue, and other
roads to provide access throughout the solar arrays. The Applicant plans to utilize existing interior access
roads to the extent possible, however these roads may be improved with the addition of an aggregate
base or other native material with a soil stabilization material, if necessary. Interior and perimeter access
routes would be approximately 20 feet wide.
8.1.10 Perimeter Fencing and Security
Chain-link fencing up to 7 feet tall is proposed along the perimeter of the Project site. One foot of three-
strand concertina wire may also be added to the perimeter fence if deemed necessary. Existing barbed
wire fencing would be replaced with the Project perimeter fencing as needed. Infrared security cameras,
motion detectors, and/or other similar technology may also be installed to allow for monitoring of the
Project site through review of live, 24/7 footage. A security company may also be contracted by the
Applicant for security purposes during construction and operation. Should the security system detect the
presence of unauthorized personnel, a security representative would be dispatched to the facility, and
appropriate local authorities would be notified.
8.1.11 Signage
No advertising is proposed as part of the Project. Project signage is proposed to allow for the
identification of the Project owner and for safety and security purposes. Signage is proposed to be
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Project Description Sequoia Solar Project
installed on the fence or ground mounted in the vicinity of the main entry gates. Signage would identify
the Project operator and owner and would provide emergency contact information. Small-scale signage
would also be posted at the main entry gates and intermittently along the perimeter fencing on all exterior
parcel boundaries, to indicate"No Trespassing"and"Private Property"for security purposes. All signage
would conform to Fresno County signage requirements.
8.1.12 Lighting
Limited lighting is proposed on the Project site. Lighting would be used from dusk to dawn. Project lighting
would be installed to allow for ongoing maintenance and security. Low-level lighting may be installed at
entry and egress gates and at other strategic locations around the facility. Manually controlled lights
would be installed at equipment pads and substations as required by safety regulations.All Project
lighting would be shielded and directed downward to minimize the potential for glare or spillover onto
adjacent ownerships. All lighting would conform to applicable Fresno County outdoor lighting codes.
Nighttime lighting impacts would be minimized by including only small lighting features that are equipped
with on/off switches or motion detectors. The lighting impacts from such fixtures would be similar to those
of domestic fixtures on local homes.
8.1.13 Stormwater Facilities
Temporary erosion and sediment control measures would be established for construction, including silt
fencing, perimeter swales, or other similar measures. These controls would be removed once
construction is complete.
The site drainage is designed to follow the natural drainage pattern to the extent possible to match pre-
existing stormwater flows. Therefore, the Applicant anticipates that the Project would have very limited
impact to on-site drainage. On-site detention facilities, if required, would consist of shallow detention
basins along the downslope sides of array areas,which will be designed based on County requirements.
8.1.14 Other Infrastructure
Operations and maintenance activities would take place in a new operations and maintenance building
located near the center of the Project site(as shown on the submitted Site Plan). This building would be
approximately 100 by 50 feet. Sanitary facilities for operations would be provided through the proposed
operations and maintenance building to include a septic system. No additional wastewater or septic
system facilities beyond the O&M building would be required. Water would be supplied by an on-site well,
a connection to the local water distribution network, or would be trucked in from another source, as
needed.
A new distribution line may be installed to provide back-up power to O&M building and substation.
Routing is dependent on availability and coordination with PG&E.
8.1.15 Applicant-Proposed Best Management Practices
Various attributes and features of the Project serve to minimize negative effects on local land uses. These
include the following.
8.1.15.1 Solar Technology— Glare and Lighting
The Project would use solar panels that have a low profile(typically 6 feet high, but generally no more
than 13 feet high at the highest point during the day)to minimize visual impacts. These solar panels are
designed to be anti-reflective.
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Project Description Sequoia Solar Project
Nighttime lighting impacts would be minimized by including only small lighting features that are equipped
with on/off switches or motion detectors. The lighting impacts from such fixtures would be similar to those
of domestic fixtures on local homes.
8.1.15.2 Noise Reduction
Noise-producing Project features of the Project would include the substation, inverters, and the HVAC
units associated with the BESS. These Project components would be placed away from the site
boundaries to the extent possible to ensure that off-site areas do not experience noise levels exceeding
County standards described in the Fresno County Noise Control Ordinance (Fresno County Code 8.40).
8.2 CONSTRUCTION
8.2.1 Site Preparation and Grading
Grubbing and grading would occur on the Project site to achieve the required surface conditions. Site
preparation may include application of pre-emergent herbicides formulated to minimize impacts on
wildlife. Application would be in accordance with federal, State, and County regulations and would be
applied by a state-licensed pesticide applicator. Because the site is already mostly flat, grading would be
minimal. The site's cut and fill would balance, and no importing or exporting of materials would be
necessary, apart from gravel for roads and equipment areas, and small amounts of thermal backfill in
trenches, if required.
After grading, temporary fences would be placed around the Project site, allowing materials and
equipment to be securely stored on the site.
8.2.2 Construction Access Routes and Laydown Areas
Construction vehicles would access the Project site from South San Diego Avenue via Manning Avenue
with potential access from other nearby roads.
During construction, materials would be placed within the Project boundaries adjacent to the then-current
phase of construction. To prevent theft and vandalism, materials would be secured within fenced areas at
all times. A storage container might be used to house tools and other construction equipment. In addition,
security guards may be deployed to regularly monitor the site. Portable toilet facilities would be installed
for use by construction workers. Waste disposal would occur in a permitted off-site facility. Domestic
water for use by employees would be provided by the construction contractor through deliveries to the
site.
8.3 CONSTRUCTION ACTIVITIES AND EQUIPMENT
The Applicant anticipates that construction would occur during a period of approximately 26 months.The
on-site construction workforce would consist of laborers, craftspeople, supervisory personnel, and support
personnel. The on-site assembly and construction workforce is expected to reach a peak of
approximately 500 workers; the average number of workers on-site is anticipated to be approximately
300. On average, it is anticipated that 25 percent of worker trips to the site would be in carpools.
Approximately 7,000 truck trips are anticipated for construction. Workers would commute to the site from
nearby communities such as Mendota, Tranquillity, or San Joaquin, and some would travel from more-
distant areas such as Fresno, Visalia, or Hanford. Construction would occur primarily during daylight
hours. Workers would reach the site using existing roads.
Project construction would consist of two major stages. The first stage would include site preparation,
grading, and preparing staging areas and on-site access routes, and the second stage would involve
assembling the trackers and constructing electrical interconnection facilities.
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cy Clearway
Project Description Sequoia Solar Project
On-site roads would be constructed with a scarified and compacted subgrade and coated to create a
dustless or durable surface or surfaced with compacted gravel.At the footing for the PCS pads, existing
soil would be scarified and recompacted following recommendations of the geotechnical report.
Placing solar panels will require driving steel piles about 6 to 10 feet into the ground. In areas where
geotechnical analysis has determined that piles might not be feasible or cost-effective, conventional
foundations (such as isolated spread foundations or continuous footings) might be used.
During construction, a variety of equipment and vehicles would operate on the Project site. All equipment
and vehicles would comply with the noise requirements of the Fresno County Noise Control Ordinance
(Fresno County Code 8.40).
Water would be supplied by an on-site well, a connection to the local water distribution network, or would
be trucked in from another source, as needed. During construction, 198,000,000 gallons of water(607
acre-feet) are anticipated to be required during a construction period of one year. This is a conservative
estimate and it may be significantly less.
8.4 OPERATIONS
Once constructed, the Project would operate seven days per week and 365 days per year. The facility
would be operated by Sequoia Renewables LLC or an affiliated company. Up to approximately 15
permanent on-site staff are anticipated. Security would be maintained through the installation of a chain-
link fence, which would include one foot of three-strand concertina wire along the perimeter of the site.
Existing barbed wire fencing would be replaced with the Project perimeter fencing as needed. Infrared
security cameras, motion detectors, and/or other similar technology may also be installed to allow for
monitoring of the Project site through review of live, 24/7 footage. A security company may also be
contracted by the Applicant for security purposes during operations. Should the security system detect
the presence of unauthorized personnel, a security representative would be dispatched to the facility, and
appropriate local authorities would be notified.
Operation and maintenance of the Project would generate minimal noise, primarily from fans used to cool
electrical equipment and transformers and the HVAC units associated with the BESS. Considering the
distance to the nearest residence, it is not expected that fans or transformers would be audible from any
residential area.
Only occasional, on-site maintenance is expected to be required following commissioning. Operations
and maintenance activities would require up to approximately 15 workers performing visual inspections,
monitoring plant performance, executing minor repairs, and responding to needs for plant adjustment. On
intermittent occasions, the presence of 5 to 30 workers may be required for repairs or replacement of
equipment, panel cleaning, and other specialized maintenance. However, due to the self-operating nature
of the facilities, such actions would likely occur infrequently. No personnel would live on-site as a
caretaker.
Normal BESS operations include regular augmentation to maintain capacity while batteries degrade.
Augmentation activities include delivery of new BESS containers and installation. Battery container
foundations for augmentation batteries would be installed during the construction period, therefore, no
new ground disturbance would be required during operations. Depending on the specific battery
technology and design, augmentation is anticipated to start as soon as the second year of operations and
occur as often as once per year.
The expected maintenance would generate little traffic during operations. The operations and
maintenance building is expected to be designed to accommodate approximately 10-20 parking spaces.
Operations and maintenance vehicles would include light duty trucks (e.g., pickup, flatbed) and other light
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Project Description Sequoia Solar Project
equipment for maintenance and module washing. Heavy equipment would not be utilized during normal
operation. Large or heavy equipment may be brought to the facility infrequently for equipment repair or
replacement or vegetation control.
During operations, approximately 978,000 gallons (3 acre-feet) per year would be required for panel
washing activities and general maintenance. The need for panel washing would be infrequent(e.g.,
months to years between washings) and determined based on operating considerations, including actual
soiling of the PV panels and any expected benefit from cleaning.
Sanitary facilities for operations would be provided through the septic system at the proposed operations
and maintenance building. Other wastes from equipment replacement or other work would be removed
from the site at the end of the day, or as needed.
Combustible vegetation or agricultural products on and around the Project boundary would be actively
managed by the Project owner or its affiliates during both the construction and operation phases of the
Project to minimize fire risk. Combustible products would be either limited in height or removed.
Additionally, the Project would include firebreaks around the site boundary in the form of access roads
subject to Fresno County standards.
8.5 DECOMMISSIONING
The Project has an anticipated operational life of 35 years. At the end of the Project's operational term,
the Applicant may either seek an extension of its UCUP or determine that the facility would be
decommissioned. Most parts of the proposed system are recyclable. Panels typically consist of silicon,
glass, and an aluminum frame. Tracking systems typically consist of steel and concrete, in addition to
motors and control systems.All of these materials can be recycled.
Numerous recyclers for the various materials to be used on the Project site operate in Fresno and other
nearby counties. Metal, scrap equipment, and parts that do not have free-flowing oil can be sent for
salvage. Equipment containing any free-flowing oil would be managed as waste and would require
evaluation. Oil and lubricants removed from equipment would be managed as used oil, which is a
hazardous waste in California. Decommissioning would comply with federal, State, county and other local
standards and all regulations that exist when the Project is shut down.
9.0 PERMITS AND CONSULTATIONS
9.1 POTENTIAL PERMIT REQUIREMENTS
• Fresno County—UCUP, Variance for gen-tie pole height, Parcel Merger, Lot Line Adjustment,
Subdivision Map, and/or a Tentative Parcel Map
• Central Valley Regional Water Quality Control Board—General Permit for Discharges of
Storm Water Associated with Construction Activity, Construction General Permit Order 2009-
0009-DWQ, Section 401 Clean Water Act Permit, Porter-Cologne Water Quality Control Act
Waste Discharge Requirement Permit, if required.
• California Department of Fish and Wildlife—Streambed Alteration Agreement, if required;
Incidental Take Permit for state-listed species (ITP), if required.
• United States Army Corps of Engineers—Section 404 Clean Water Act Permit, if required.
• United States Fish and Wildlife Services—ITP for federally-listed species, if required.
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Project Description Sequoia Solar Project
9.2 CONSULTATIONS
• San Joaquin Valley Unified Air Quality Management District—comply with regulations;
consult during the CEQA process
• Fresno County Fire Protection District—comply with regulations; consult during the CEQA
process
March 2025 22 2") Clearway
1 Exhibit B
2 Work Program
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Consultant Agreement — Environmental Science Associates
B-1
EXHIBIT B
Sequoia Solar Project
Sequoia Renewables LLC(Applicant) is proposing to construct,operate and maintain,and ultimately to
decommission a photovoltaic(PV)solar energy generating facility,battery energy storage system(BESS),and
associated infrastructure that would produce and store up to approximately 200 megawatts(MW)of alternating
current(AC)energy at the point of electrical grid interconnection (the"Sequoia Solar Project")on approximately
1,900 acres of private property located in western Fresno County(the"project site").The project site is located
approximately 10 miles west-southwest of the unincorporated community of Tranquillity,11 miles south of the city
of Mendota,5 miles east of Interstate 5,less than 1 mile east and north of the California Aquaduct,and
approximately 2 miles west of State Route 33.
ESA understands that the project would require discretionary approvals from the County of Fresno(County)
Department of Public Works and Planning,including an unclassified conditional use permit(CUP)and Williamson
Act contact cancellations. ESA assumes that project construction and decommissioning each would last
approximately 2 years,and that the intervening operation and maintenance period would be 33 years.As a whole,
the requested CUP would have a 35-year term. ESA welcomes the opportunity to provide third-party environmental
consulting services to the County for the project in accordance with requirements of the California Environmental
Quality Act(CEQA),its implementing regulations(the CEQA Guidelines),and the details of this proposal.The
understanding of project details reflected in this proposal is current as of June 16,2025.
1. Project Understanding
Project infrastructure and facilities would include solar arrays,a BESS,an electrical substation with a control room
building,and other necessary infrastructure such as an operation and maintenance(O&M) building,septic system,
a supervisory control and data acquisition(SCADA)system,a meteorological data system,buried conduit for
electrical wires,overhead and underground collector lines,offsite generational interconnection transmission(gen-
tle)line,telecommunications facilities,on-site access roads,and security fencing.The project's energy storage
system would consist of modular enclosures containing lithium-ion technology batteries and would store
approximately 200 MW(AC)of electricity for at least four-hour discharge.Key components of the BESS would include
batteries,system enclosure and controller,direct current to direct current(DC/DC)converter,power conversion
system(PCS)inverter,and medium voltage transformer.The project would interconnect with the existing electrical
grid at the existing Luna Valley Solar Project substation and from there to the existing Tranquillity Switching
Station,which is owned,operated and maintained by the Pacific Gas&Electric Company(PG&E).Approximately
1 mile of the proposed 2-mile gen-tie line would be developed within the solar facility site.
The project site is bounded by Manning Avenue to the north,South San Bernardino Avenue to the east,West Floral
Avenue to the south,and an unnamed road approximately 2,650 feet west of South Washoe Avenue.West Dinuba
Avenue cuts through the approximate middle of the project site from east to west.South San Diego Avenue cuts
through the approximate middle of the project site from north to south.The proposed gen-tie line continues off-
site to the east between Manning Avenue and West Dinuba Avenue to approximately South Ohio Avenue.It is
expected that primary project site access would be from South San Diego Avenue via Manning Avenue.
1 Proposed Scope of Work,Schedule,and Cost:Sequoia Solar Project Environmental Science Associates
June 16,2025 esassoC.Com
The project site consists of twelve Assessor's parcels within the AE-20(Exclusive Agriculture,20-acre minimum
parcel size)Zone District,including the following parcel numbers:028-190-28S,028-190-29S,028-190-30S,028-090-
80S,028-090-21S,028-090-07S,028-101-60,028-101-64S,028-101-03S,028-101-83S,028-101-04S,and 028-100-85.
The project site contains parcels identified variously as Prime Farmland,Farmland of Statewide Importance,and
Farmland of Local Importance pursuant to California Department of Conservation's Farmland Mapping and Monitoring
Program.A majority of the project site also is enrolled in the California Land Conservation Act of 1965(Williamson
Act)Program.All 12 of the project parcels are subject to an irrigation preclusion,meaning that irrigation is not
allowed on the project site even though the site is within an active agricultural area and has been subject to
agricultural use within the last 10 years.The closest residences to the project site are located approximately 2 miles
southeast from the southeast corner of the project site,0.25-mile south of West Nebraska Avenue,and 0.5-mile east
of South San Bernardino Avenue.
2. CEQA Process
Overview
ESA will support the entitlements process by preparing an environmental impact report(EIR)that provides CEQA
coverage for all of the County's discretionary decisions and by providing related support services to the County
throughout its land use approval process forthe project.Other necessary County approvals may include parcel
merger,lot line adjustment,Subdivision Map,and/or a Tentative Parcel Map.
Discretionary approvals requiring CEQA review also are likely to be required from state or other local agencies.As part of
the County's CEQA process,ESA will work with trustee and potential responsible agencies to ensure that the EIR satisfies
the CEQA needs of these other agencies with statutory oversight or permitting authority over project activities or
impacts.For example,Central Valley Regional Water Quality Control Board (Regional Board)authorization may be
needed for stormwater discharges and California Department of Fish and Wildlife(CDFW)authorization may be needed
for a Streambed Alteration Agreement or for an Incidental Take Permit in advance of any take of a state-listed species.
Coordination and compliance with applicable requirements of the San Joaquin Valley Air Pollution Control District and
the Fresno County Fire Protection District also are likely to be required.Although discretionary decisions would be
required from other state or local agencies,the County will be the lead agency for purposes of CEQA.
i. Scope of Work
Contract Deliverable A, CEQA Process Initiation
TASK Ai. KICKOFF MEETING
ESA proposes to facilitate a formal CEQA process kickoff meeting with the Applicant and Fresno County Department of
Public Works and Planning staff.The goals of the meeting would be to:1)Introduce project participants and their roles;
2)define expectations for success;3)confirm the communications protocol to maintain the integrity of the CEQA
process;4)discuss the proposed organization of the EIR,ESA's proposed approach to significance criteria and thresholds of
significance in the project context;and 5)walk through the initially-anticipated schedule for the CEQA process.
TASK A2. PROJECT-SPECIFIC DISTRIBUTION LIST
ESA will work with the Applicant team and the County to identify key stakeholders for inclusion on a project-specific
distribution list. Building on similar lists for recent past projects,the distribution list for this project will include
2 Proposed Scope of Work,Schedule,and Cost:Sequoia Solar Project
June 16,2025 sassor.ca;�
potential responsible and trustee agencies(like CDFW),and potentially affected federal agencies;California Native
American tribes that are traditionally and culturally affiliated with the project area;and interested County
departments and divisions,bordering jurisdictions,property owners within 1 mile of the project site,and other entities
that have requested receipt of CEQA notifications from the County. ESA will maintain the list(and update it
following key milestones)for the duration of the CEQA process.
Deliverables:
CEQA process kickoff meeting agenda
Proposed project-specific distribution list
Contract Deliverable B; Review of Technical Studies
ESA understands that Sequoia Renewables LLC is preparing,and will provide for County review,the following technical
studies needed to support the CEQA process:
1. AVisual Resources Technical Reportthat includes pre-project setting photographs,pre-and post-project
graphics providing visual simulations of the project from locations agreed upon with the County in advance of
the simulations being conducted;
2. Land Evaluation and Site Assessment(LESA)
3. AirQualityand Greenhouse Gas(GHG)Emissions modeling and report;
4. Biological Resources Technical Report;
S. Cultural Resources Assessment;
6. Paleontological Resources Assessment;
7. Phase I Environmental Site Assessment or comparable desktop analysis of relevant hazardous materials
conditions;
8. Noise/Acoustical Assessment;
9. Water Supply Assessment and Evaluation;and
10. Transportation Study
ESAwill independently review these technical reportsto determine their suitability for reliance,in combinationwith
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,ESAwill submit a data request.
ESA assumes that the technical reports will be complete and of high quality,and that an average of no more than one
request for clarification would be needed for each of the reports.Any data request would be submitted within
10 working days of receipt of the technical report.ESA assumes that Sequoia Renewables LLC's response to any data
request would be delivered within 10 working days of submittal of the request.
Deliverables:
Brief technical review memos documenting recommendation of County acceptance of the report as part of the CEQA
process(one memo per report)
Up to 10 requests for clarification or supplemental data
3 Proposed Scope of Work,Schedule,and Cost:Sequoia Solar Project Environmental Science Associates
June 16.2025 esassoc.com
Contract Deliverable C: Scoping
ESAwill draft a Notice of Preparation(NOP)and Notice of Completion(NOC)for the County to upload to the State
Clearinghouse via CEQA Submit.No initial study will accompany the NOP;instead,it is assumed that the analysis will
proceed directly to the preparation of an EIR.ESA will provide the NOP via certified mail to responsible,trustee,and
potentially affected federal agencies,via U.S.Post to others on the project-specific distribution list,and via email to
those for whom an email address is reasonably available.ESA a ntici pates that the County would provide the NOP to
the County Clerk's Office with a request that it remain posted for a 30-day period,and post it to the County's website,
where it would remain posted for the duration of the CEQA process.For notification of the general public,ESA will
make arrangements with The Business Journal to publish notice of the County's initiation of the CEQA process.
TASK Ci.SCOPING MEETING
CEQA requires a lead agency to schedule at least one scoping meetingfor projects of"statewide,regional or areawide
significance."Such projects are defined in CEQA Guidelines Section 15206 to include those that propose an"industrial...
plant...occupying more than 40 acres of land"and those that"would result in the cancellation of an open space contract made
pursuant to the California Land Conservation Act of 1965(Williamson Act)for any parcel of 100 or more acres."Since the
project site would be comprised of 1,900 acres and require cancellation or partial cancellation of Williamson Act
contracts,ESA proposes that the County hold one public scoping meeting virtually(via Zoom or similar platform)
during the County's regular business hours.
ESA will coordinate the online meeting logistics;develop and facilitate a presentation;facilitate an up-to 1-hour
preparatory session on the proposed meeting platform for those to deliver content at the meeting;facilitate a 30-minute
meeting(or a meeting that lasts until all who wish to speak have done so);and provide a written summary of substantive
oral comments provided during the meeting.
Three members of the ESA team would participate in the meeting by providing technical support,meeting facilitation,
content presentation,and note taking to document public input.
TASK C2.SCOPING REPORT
ESAwill prepare a scoping reportto document input received from agencies and members of the public aboutthe scope
and content of the EIR,potentially including resource concerns and ideas about potential impacts,mitigation
measures,and alternatives.ESAwill provide a draft reportforthe County's review and approval(one round of review is
assumed)and,as part of Contract Deliverable D,will prepare a final scoping report as an Appendix to the Draft EIR.
Deliverables:
Notices(NOP,NOC,legal advertisement as published in The Business Journal)
Scoping Meeting Presentation Materials
Draft Scoping Report
OPTIONAL SCOPING TASK
ESA's team can include Spanish language translation capabilities at the County's election subject to a separate scope
and budget.
Contract Deliverable D; Administrative Draft EIR
ESA proposes to prepare a single Administrative Draft EIR in electronic format for County review and comment,and
anticipates thatthe Countywould,in its discretion,share the full Administrative Draft EIRwith Sequoia RenewablesLLCto
ensure factual accuracy relative to the project description and the potential reasonableness and feasibility of proposed
mitigation measures and project alternatives,and other issues.
4 Proposed Scope of Work,Schedule,and Cost:Sequoia Solar Project f niin,i c .:I r
June 16,2025s.,s,r,:.r:,i
TASK Ds. PROJECT DESCRIPTION
ESA will coordinate with Sequoia Renewables LLCto develop a project description that contains sufficient detail to inform
the CEQA process.Necessary details will relate to the proposed construction,operation,maintenance,and
decommissioning of the project,including workforce and equipment estimates,water and other utility and public
service needs,and summaries or initial drafts of proposed management plans.
ESA anticipates an iterative process forth e development of the project description that may involve requests for
additional information,or calls with the County and Sequoia Renewables LLC to resolve questions.Schedule and
costs assume that ESA will prepare two drafts of the project description:the first for initial review and discussion;the
second(reflecting project refinements or other input provided following initial review by Sequoia Renewables LLC and the
County)for inclusion in the Draft EIR.
To support the project description and analysis,ESA will review and,as appropriate,rely on Applicant-provided
details about the site selection process,historical details of the site,proposed water source(s),materials deliveries,and
the Draft Reclamation Plan and Draft Pest Management Plan to be provided by Sequoia Renewables LLC with project
application materials. ESA anticipates that Sequoia Renewables LLC's provision of these plans together with other
information provided pursuant to the County's Solar Facility Guidelines will support a determination of compliance
for purposes of analyzing potential impacts to Land Use and Planning.
TASK D2. IMPACTS ANALYSIS
ESA will prepare an EIR that addresses each of the resource areas identified in the CEQA Guidelines Appendix G
environmental checklist. Resource analyses will describe the environmental setting,regulatory setting,and
analytical methodology;and will evaluate the potential direct,indirect,and cumulative impacts of the project.The
cumulative scenario will be developed in coordination with County staff and may include targeted outreach via
email or telephone to neighboring jurisdictions and/or regulatory agencies.The cumulative effects analysis will
consider the possibility of the project's impacts to combine with those of agricultural uses and rural residential
uses in the surrounding area as well as existing or proposed energy projects(e.g.,Tranquillity Solar Project,Scarlet
Solar Energy Project,Heartland Solar Project,and Luna Valley Solar Project).
The EIR will identify mitigation measures to avoid or reduce potential significant impacts where warranted.ESA will
rely on thresholds of significance established in CEQA,by the County or other agencies,or as developed in the
context of the EIR.ESA assumes that the methodologies used and any mitigation measures recommended will be
consistent with the County's prior practice to the extent that continuity of format and approach is preferred by
County staff and decision-makers.Schedule and costs assume that up to four resource-specific strategy calls(up to
one hour each) may be needed for specific resource questions,which might relate to air quality,biological
resources,water supply-and demand-related considerations,or other environmental issues.
TASK D3. ALTERNATIVES
ESA anticipates that the EIR will screen a reasonable range of alternatives and analyze up to three alternatives in
detail,including a No Project Alternative and up to two project alternatives. Development of the range of
alternatives will begin with the scoping process and be finalized based on conclusions reached in the project-
specific impacts analysis.This approach will ensure that alternatives carried forward for detailed review would
meet most of the basic objectives of the project and have the potential to avoid or substantially reduce one or more
significant impacts of the project.The EIR will present a comparative analysis of the alternatives analyzed in detail
and will describe potential alternatives considered but not carried forward for more detailed consideration,
including the rationale for this decision.One or more additional alternatives could be developed and analyzed (if
determined by the County to be necessary or desirable)subject to a separate scope and budget.A schedule
adjustment might also be needed to accommodate a request to consider additional alternatives.
5 Proposed Scope of Work,Schedule,and Cost:Sequoia Solar Project Waal S�
June 16,2025 n
TASK D4. DOCUMENT QUALITY
The EIRwi[I be supported by credible science-based research,reference materials,and informed professional
judgments of qualified scientists.Technical studies and analyses relied upon will be cited in each section of the Draft
EIR;additional project-specific orsite-specific analyses will be provided in the appendices for ease in review by
agencies and the public.Internal quality assurance/quality control,including the Project Manager's cover-to-cover
review of all deliverables,is included in the estimate.
Deliverable:
• Administrative Draft EIR(electronic)
Contract Deliverable E; Draft EIR and Notices
TASK Es. SCREENCHECK DRAFT EIR
ESA assumes that a single Administrative Draft EIR will suffice,that all comments will be provided using the"tracked
changes"function of Word and comment bubbles ratherthan a memo ortable format,and that no changes will be
requested that affect analytical methodologies,completed modeling,orthe range or number of alternatives analyzed
in detail.ESAwill revise the Administrative Draft EIR in accordancewith input received,to prepare a redline and clean
electronic"screen check"version forthe County's final approval in advance of publication.ESA anticipates that the
County would,in its discretion,share the Screencheck Draft EIRwith Sequoia Renewables LLC for review.
Review for final approval in advance of publication is anticipated to focus on revisions made to the Administrative Draft
EIR to confirm that they satisfactorily respond to the County's direction.To facilitate review,ESA can be available to host
a virtual meeting with screen-share capability to resolve any remaining open issues or pending questions.The proposed
schedule and costs assume that any revisions requested upon review of the screencheck draft could be resolved by ESA's
project management team without additional resource area subject matter expert input.
TASK E2. DRAFT EIR
Upon County approval of the Screencheck Draft EIR,ESAwill finalizethe document for publication,including final word
processing,technical editing,and quality assurance reviews.
Upon receipt of approval to print,ESA will generate up to 13 printed copies of the Draft EIR.ESA also will produce up to
33 electronic copies(on a universal serial bus device,or"USB")of the Draft EIR,Appendices,and the reference materials
cited in the Draft EIR-20 standalone USBs,and one to be included with each printed copyof the Draft EIR.Appendices are
not proposed to be printed forthis project:all Appendices are proposed to accompany all copies of the EIR in electronic
format only.
This scope of work does not propose to provide electronic copies of the Draft EIR that are compliant with the current
version of the State's web content accessibility guidelines. Instead,consistent with guidance from the Office of
Planning and Research forthird party documents and consistent with direction from the County,ESAwill make a good
faith effort to assure that electronic copies of the EIR that are provided for upload to the web will be accessible to all,
including those with disabilities that affect user interaction on the web.At a minimum,pdf copies of the proposed EIR
will be prepared using Optical Character Recognition(OCR)to allow for machine-readability and searchability.
TASK E3. NOTIFICATIONS AND DISTRIBUTION
ESA will prepare a draft Notice of Availability(NOA)for County review that satisfies the requirements of CEQA(Public
Resources Code§21092;CEQA Guidelines§15987).One round of comments is anticipated.Following receipt of County
authorization,ESAwill coordinate publication of the NOA in The Business Journal.ESA also will draft(and revise if
needed)an NOC for the Countyto submit to the State Clearinghouse.ESAwill provide 13 printed copies of the Draft EIR
6 Proposed Scope of Work,Schedule.and Cost Sequoia Solar Project IAh-mr _�nial_�w C, rs_ ._f
June 16,2025 1s0u_ :m
(each with a USB enclosed)and 20 stand-alone electronic copies(on USB)of the Draft EIR to the County for distribution.
A mailing will be distributed via U.S.Post announcing the availability of the Draft EIR to stakeholders on the project
distribution list.
ESA separately will providethe Countywith electronic copies of all reference materials relied upon in the Draft EIRso
that they can be posted on the County's website or otherwise made available for public inspection upon release of the
Draft EIR.Because these copies of cited reference materials are intended for inclusion in the record ratherthan forweb
posting,ESAdoes not proposeto formatthem specifically for online accessibility.
Deliverables:
Screencheck Draft EIR
Draft EIR, including cited reference materials
Notices(NOA,NOC,and legal advertisement as published in The Business Journal)
Contract Deliverable F: Administrative Final EIR
ESA will prepare an Administrative Draft Final EIR.ESA anticipates thatthe Countywould,in its discretion,share the
Administrative Final EIRwith Sequoia Renewables LLCfor review.
The Response to Comments document,any changes made to the Draft EIR in response to review agency and public
review comments,and the Draft EIR together will constitute the Final EIR.An electronic version of the Administrative
Final EIR will be submitted for the County's review.ESA assumes the level of effort required for responding to comments
commensurate with the labor cost shown in Table 2. Because it cannot be known at the time this scope of work is
prepared what would be the nature,number,or focus of comments submitted on the Draft EIR,the estimate provided
assumes a low level of public engagement with the process,consistent with ESA's experience on multiple renewable
energy projects in Fresno County over the past decade.
Deliverable:
• Administrative Final EIR (electronic)
Contract Deliverable G: Final EIR
TASK Gs. SCREENCHECK FINAL EIR
ESA will further develop or refine the Administrative Final EIR in accordance with input received,and then will submit
a clean electronic version to the County as a screencheck copy for review toward granting approval to publish.ESA
anticipates that the County would,in its discretion,share the Screencheck Final EIR with Sequoia Renewables LLCfor
review.Asforthe Draft EIR,Screencheck review for the Final EIR is anticipated to focus on revisions made in response
to input received and that the resolution of pending questions or issues could be resolved via a"shared screen"call
without requiring input from resource area subject matter experts.
TASKG2. FINAL EIR
Upon receipt of approval to print,ESA will provide the County with up to 13 printed copies(each with an electronic
version enclosed on USB)and up to 20 stand-alone electronic copies for distribution consistent with the description
provided for the Draft EIR.As requested by the County for other recent projects,13 printed copies of the appendices to
the Final EIR will also be provided.The associated cost assumes no more than 100 pages of appendices would be printed
with the Final EIR or that,alternatively,appendices to the Final EIR would be provided exclusively in electronic format.
7 Proposed Scope of Work,Schedule,and Cost:Sequoia Solar Project ��,.I,• � .,_��i:�l�� �i „ �.t�s
June 16,2025 .i-;o�.:•_��
ESA will provide agency commenters on the Draft EIR with an electronic copy of the Final EIR.ESA will provide non-agency
commenters and others on the project distribution list with a printed notification of the availability of the Final EIR via
U.S. Post.
ESA will prepare a NOC and provide it for the County to upload to the State Clearinghouse. ESA separately will submit
electronic copies of all reference materials relied upon in the Final EIR to the County so that such materials can be
posted online or otherwise made available for public inspection.
Deliverables:
Screencheck Final EIR
Final EIR, including cited reference materials
Notice of Completion
Contract Deliverable H: Decision Support
ESAwill supportthe County's decision-making process by preparing sections of the draft Staff Report regarding the
CEQA process and conclusions of the EIR,a Mitigation Monitoring and Reporting Program(MMRP)to be attached as an
appendix to the Staff Report,and draft CEQA Findings(including a Statement of Overriding Considerations,if one is
needed).
The MMRP will identifyeach proposed mitigation measure,the party responsible for its implementation,required
implementation activities and schedule,the party responsible for monitoring implementation,and the required
monitoringand reporting activities and schedule.
This scope ofwork assumes that County staff would be responsible for preparing all remaining sections of the Staff
Report and remaining decision support documents,including Resolutions for consideration by County decision-
makers.ESA assumes one round of County review for each ofthe draft Staff Report sections,MMRP,and CEQA Fi ndi ngs.
Two members of the ESA team(the Project Manager and one other)will support County staff in public hearings for
the project.Costs assume that no more than two public hearings would be required as part of the decision making
process,e.g.,one each before the Planning Commission and Board of Supervisors.If additional meetings are scheduled,
ESAcan be availableto provide the support subject to separate scope and budget.Thisscope and estimate assume
that County staff would prepare and present the staff report,and that ESAwould be available to supportstaffin
responding to questions about the CEQA process.An overnight stay in advance of each meeting is assumed.
ESAwill prepare a Notice of Determination(NOD)to be filed following certification of the EIR and approval of the project.
This scope ofwork and related costs assume that Sequoia Renewables LLC orthe County would pay the CDFW filing fee to
accompany the NOD and that County staff would file the NOD with the County Clerk.
Deliverables:
Draft content for Staff Report, including MMRP
Draft CEQA Findings
Notice of Determination
OPTIONAL DECISION SUPPORT TASK
If requested by the County,ESA will prepare and assemble the records identified in Public Resources Code§21167.6(e)
and furnish them to County afterthe NOD is filed with the County Clerk.The records will include the information relied
upon in the EIR process that is within ESA's possession plus referenced materials.Collectively,these materials will
constitute theAdministrotive Record for the Project's CEQA process. ESA will prepare an excel index that organizes the
8 Proposed Scope of Work,Schedule,and Cost:Sequoia Solar Project
June 16,2025
information comprising the Administrative Record for submittal to County.Consistent with Public Resources Code
421167.6(e),the Administrative Record will include the following:
1. All project application materials. ESA anticipates that the County or Sequoia Renewables LLC will provide copies
of all application materials for this purpose.
2. All staff reports and related documents prepared by the respondent public agency(i.e.,the County)with respect
to its compliance with the substantive and procedural requirements of CEQA and with respect to the action on
the project.ESA anticipates that the County will provide a final copy of the staff report presented to any and all
decision making bodies(whether Planning Commission or Board of Supervisors).For purposes of this optional
task,ESA understands"and related documents"to consist of appendices or exhibits to the staff report(s).
3. All staff reports and related documents prepared by the County and written testimony or documents submitted
by any person relevant to any findings or statement of overriding considerations adopted by the respondent
agency pursuant to this division.Acknowledging some subject matter duplication with Item 2,above,ESA
understands documents to be collected,indexed,and provided as part of this Item 3 to consist of transcripts,
minutes or other written summaries of testimony provided at:one or more CEQA scoping meeting(s),public
meeting(s)to accept comments on the Draft EIR once it is issued,and/or at public hearings where the Planning
Commission or Board of Supervisors considers the project for approval.If public meetings for the Project are
facilitated via Zoom or a similar online platform that successfully generates a recording of the meeting,ESA
understands the term"document"to include the audio file generated by the online meeting platform and will
include it with documents to be collected,indexed,and provided as part of this Item 3.
4. Any transcript or minutes of the proceedings at which the decision-making body of the County heard testimony
on,or considered any environmental document on,the project,and any transcript or minutes of proceedings
before any advisory body to the respondent public agency that were presented to the decision-making body
prior to before action on the environmental documents or on the project.Acknowledging some duplication with
documents to be provided as part of Item 3(e.g.,transcripts and minutes of proceedings by the County's
decision-making body),ESA understands documents to be collected,indexed,and provided as part of this
Item 4 to consist of transcripts or minutes of proceedings conducted by any advisory body in advance of a
decision on the CEQA document.
5. All notices issued by the County to comply with CEQA or with any other law governing the processing and
approval of the project. ESA understands the documents to be provided as part of Item 5 to consist of the
following:Notice of Preparation (NOP),Notices of Completion (NOCs),Notice of Availability of the Draft EIR
(NOA),legal notices published in The Business Journal or other publication that complies with CEQA,email
notifications(if made)about the project and the County's processing of it pursuant to CEQA,and public meeting
notices issued consistent with the Planning and Zoning Law in advance of a hearing before the Planning
Commission and (if applicable)the Board of Supervisors.
6. All written comments received in response to,or in connection with,environmental documents prepared for the
project,including responses to the notice of preparation.ESA understands the documents to be provided as
part of Item 6 to consist of input received from other County departments following Planning department staff's
initial circulation of project application materials,during the CEQA scoping process,and in response to issuance
of the Draft EIR.Any written comments received relating to the EIR after the Final EIR is issued also will be
included in this document set.
7. All written evidence or correspondence submitted to,or transferred from,the County with respect to
compliance with CEQA or with respect to the project.ESA anticipates that County Planning staff and other
personnel will segregate electronic correspondence or other material submitted to,or transferred from,the
9 Proposed Scope of Work,Schedule,and Cost:Sequoia Solar Project
June 16.2025 ^•a;�<x.com
County for the duration of the period lasting from execution of the Consultant Agreement until the NOD is filed
with the County Clerk.ESA further understands that the documents to be collected,indexed,and provided as
part of this Item 7 will be provided by the County to ESA in native format(e.g.,original Outlook files)via an
electronic shared folder or on a jump drive after the NOD is filed with the County Clerk so that they may be
batch-processed for indexing purposes.ESA will maintain a dedicated project correspondence file within
Outlook for use as a spot-check and will be relying on County personnel to maintain and provide copies of all
Project communications,regardless of whether the communications included ESA.
8. Any proposed decisions or findings submitted to the decision-making body of the County by its staff,or the
project proponent,project opponents,or other persons.ESA understands the documents to be provided as part
of Item 8 to consist of the CEQA Findings submitted for the Planning Commission's and/or the Board of
Supervisors'consideration.If Sequoia Renewables LLC,project opponents,or others submit proposed decision
documents or CEQA Findings for the County's decision-making body's consideration,ESA will include those
documents with materials provided as part of this Item 8 if they are brought to ESA's attention and/or provided
to ESA by the County.
9. The documentation of the final public agency decision,including the Final EIR and all documents cited or relied
on in the findings or in a statement of overriding considerations adopted pursuant to CEQA.Acknowledging
some subject matter duplication with Item 3,above,ESA understands documents to be collected,indexed,and
provided as part of this Item 9 to consist of the Final EIR(including the Draft EIR,responses to comments
received on the Draft EIR,and any changes made to the Draft EIR in response to review agency and public review
comments)and all reference materials cited in the Final EIR and the CEQA Findings.
10. Any other written materials relevant to the County's compliance with CEQA or to its decision on the merits of the
project,including the initial study,any drafts of any environmental document,or portions thereof,that have
been released for public review,and copies of studies or other documents relied upon in any environmental
document prepared for the project and either made available to the public during the public review period or
included in the respondent public agency's files on the project,and all internal agency communications,
including staff notes and memoranda related to the project or to compliance with CEQA,but not including
communications that are of a logistical nature,such as meeting invitations and scheduling communications,
except that any material that is subject to privileges contained in the Evidence Code,or exemptions contained in
the California Public Records Act(Division 10(commencing with Section 7920.000)of Title 1 of the Government
Code)shall not be included in the record of proceedings under this paragraph,consistent with existing law.
ESA anticipates that the set of documents to be collected,indexed,and provided as part of this Item 10 will be
limited.No initial study is proposed to be prepared as part of the CEQA process for this project.The version of
the Draft EIR released for public review will be provided with the rest of the Final EIR in the document set
responsive to Item 9. Project-specific or site-specific studies relied upon in the EIR will be included as
appendices to the EIR and so also will be provided in the document set responsive to Item 9.ESA understands
the phrase"other documents relied upon"in the context of this Item 10 to mean reference materials cited in the
Final EIR(including the Draft EIR)and will provide copies of cited reference materials with the document set
responsive to Item 9.Therefore,ESA understands documents to be collected,indexed,and provided as part of
this Item 10 will consist of the following:any drafts of any environmental document,or portions thereof,that
have been released for public review separate from the CEQA process(e.g.,as part of the County's response to a
Public Records Act request)and all internal agency communications,including staff notes and memoranda
related to the project or to compliance with CEQA.ESA assumes that the documents to be submitted to the
County as part of this Item 10 will be provided by the County to ESA in electronic format(e.g.,original Outlook
files,word documents,excel files,or PDFs)via an electronic shared folder as the CEQA process progresses.
10 Proposed Scope of Work.Schedule,and Cost:Sequoia Solar Project
June 16.2025 ar;snc.rnr�
11. The full written record before any inferior administrative decision-making body whose decision was appealed to
a superior administrative decision-making body prior to the filing of litigation.ESA understands that documents
to be indexed as part of this Item 11 will consist of the record before the Planning Commission and further
understands that the documents to be collected and provided as part of this Item 11 will consist of documents
included in the Planning Commission's record to the extent those items have not been provided pursuant to an
earlier item.
Optional Decision Support Deliverables:
Index in Excel that identifies the following:document date,date received/sent,recipients,author,document title or
subject,and a link to the digital file.
Electronic copies of the documents included in the index
Contract Deliverable 9: Project Management
To expedite projects of this nature effectively,regular communication between the County and Sequoia Renewables
LLCwill be key. ESA proposes to facilitate such coordination via a formal CEQA process kickoff meeting(as
described in Contract Deliverable A),environmental resource-specific calls(as described in Contract Deliverable D),
other coordination calls as determined by the County to be necessary or helpful,by sending bimonthly projectstatus
update emails if requested,and by use of a share point site where those with established access permissions may
view and share project documents.
Key project management responsibilities,from the initiation of formal kick-off meeting planning to the conclusion of
decision support-related activities,will include management of meetings and communications,schedule,and
budget.Key project management responsibilities also include quality assurance and quality control for all work product.
Contract Deliverable J:Optional Tasks
Any costs for Contract Deliverable J,Optional Tasks,would be allocated in accordance with"Extra Services"provision of
the agreement between the County and ESA or via a contract amendment.
TASK Js. TRIBAL CONSULTATION SUPPORT
As part of the CEQA process,lead agencies consultwith Tribes to determine whether a proposed project may result in a
significant impact to tribal cultural resources that may be undocumented or known only to the Tribe and its members.
In recent experience,the County has consulted with the Tribes on its AB 52 contact list without consultant support.
ESA assumes this will be true for this project as well,but can be available to draft or mail letters on the County's behalf,
follow up by email ortelephone as needed,develop a consultation summaryforthe County's records,or provide
other types of support if requested as an optional task.
TASK J2. SECOND ADMINISTRATIVE DRAFT EIR
ESA's prior EIRs for the County generally have not required the preparation of a second Administrative Draft EIR between
the Administrative Draft EIR identified in Contract Deliverable D and the Screencheck Draft EIR described in Contract
Deliverable E. Nonetheless,should project changes require one or should the County request one,a second
Administrative Draft EIR could be prepared as an optional task.
TASK J3. DRAFT EIR COMMENT MEETING
If requested,ESAwill organize and facilitate one public meeting during a 45-day comment period on the Draft EIR.If the
meeting isto be held in-person,then ESAwill coordinate the public meeting location,provide necessary equipment,
develop a presentation and related meeting materials(e.g.,sign-in sheets,speaker cards,comment cards),and take
notes.If the meeting isto be held virtually,then ESAwill coordinate and facilitate operation of the public meeting
11 Proposed Scope ofNlork,Schedule,and Cost:Sequoia Solar Project
June 16,2025
platform,present information about and conclusions from the Draft EIR,and accept comments.ESA does not anticipate
that answers or other substantive responses to oral inputwould be provided during the meeting,but rather that
substantive input would be addressed in the Final EIR.
2. Schedule
ESA is committed to meeting or beating a schedule that provides a Final EIR forthe County's consideration within
approximately 16 months of ESA's receipt from the County of Notice to Proceed with the contracted work(NTP).
ESA will workwith the County and Sequoia Renewables LLCto bringthe proposed schedule current promptly upon
ESA's receipt of NTP and will expedite the proposed detailed schedule provided in Table 1 wherever responsibly
possible.Anticipated key milestones include:
<> ESA's receipt of a fully-executed contract and NTP from the County;
A kick-off meeting with the County and Sequoia Renewables LLC within approximately 2 weeks of ESA's receipt of
NTP;
The County's initiation of the formal scoping period within approximately 5 weeks of ESA's receipt of NTP;
Sequoia Renewables LLC's finalization and County acceptance of all technical studies within approximately 3months
of ESA's receipt of NTP;
Submittal of an Administrative Draft EIR for review within approximately 6 months after ESA's receipt of NTP;
Issuance of the public review Draft EIR within approximately 8 months after ESA's receipt of NTP;and
Publication of the Final EIR within 16 months after ESA's receipt of NTP.
Timely completion of supporting technical reports and maintenance of a stable project description will ensure an on-
time EIR by providingthe data needed to satisfy the County's CEQA needs.
ESA is committed to staying on budget and managing costs to identify potential efficiencies throughout the CEQA
process. Proposed contract deliverables and associated costs are identified in Table 2.The proposed cost is valid
through December 15,2025;if a contract has not been executed by then,rates and fees may be subject to adjustment.
Absent schedule delays greater than 60 days,delays that occur for reasons beyond ESA's control,or the inclusion of
an optional task, ESA does not anticipate submitting any requests for contract modification or for payment of
interim milestones.
12 Proposed Scope of Worl<,Schedule,and Cost:Sequoia Solar Project Environnion[;il SrIr,t,_c
June 16,2025 ",.1 0111
Table s: Initial Schedule-Sequoia Solar Project
Fresno County Department of Public Works and Planning I Development Services and Capital Projects Division
Lead Planner: TBD
Notice to Proceed Received by ESA from County: Friday,August 1,2025
Date of schedule update: Monday,June 16,2025
NOTES/ASSUMPTIONS
Contract Deliverable A,CEQA Process Initiation Friday,August 1,2025 Friday,August 22,2025 21
Kickoff meeting Friday,August 1,2025 Friday,August 15,2025 14 not started Scheduled be held within 2w of NTP.
Project-specific distribution list Friday,August 1,2025 Friday,August 15,2025 14 not started Scheduled be held within 2w of NTP,including County
identification of addresses within 1-mile radius of the
Droiect site
AB 52 process initiation Friday,August 1,2025 Friday,August 22,2025 21 not started County to send letters w/in 3w of ESA's receipt of NTP or
at least 5d before NOP
Contract Deliverable B,Review of Technical
Saturday,January 0,1900 Friday,October 31,2025
Studies
A.Visual Resources Technical Report Saturday,January 0,1900 Friday,October 31,2025 45961
Key Observation Points Determined Wednesday,August 20,2025 0 not started Assumes consensus reached on KOPs within 5d after
kickoff meetine
Received from Applicant Wednesday,August 20,2025 Saturday,October4,2025 45 not started
Reviewed by ESA Saturday,October 4,2025 Tuesday,October 14,2025 10 not started
Applicant to clarify or revise,if needed Tuesday,October 14,2025 Friday,October 24,2025 10 not started
ESA to re-review,if needed Friday,October 24,2025 Friday,October 31,2025 7 not started
B.Land Evaluation and Site Assessment(LESA) Wednesday,August 20,2025 Tuesday,September 16,2025 27
Received from Applicant Wednesday,August 20,2025 0 not started Assumes receipt within 5d after kickoff meeting
Reviewed by ESA Wednesday,August 20,2025 Saturday,August 30,2025 10 not started
Applicant to clarify or revise,if needed Saturday,August 30,2025 Tuesday,September 9,2025 10 not started
ESA to re-review,if needed Tuesday,September 9,2025 Tuesday,September 16,2025 7 not started
C.AQ/GHG Technical Memorandum Wednesday,August 20,2025 Tuesday,September 16,2025 27
Received from Applicant Wednesday,August 20,2025 0 not started Assumes receipt within 5d after kickoff meeting
Reviewed by ESA Wednesday,August 20,2025 Saturday,August 30,2025 10 not started
Applicant to clarify or revise,if needed Saturday,August 30,2025 Tuesday,September 9,2025 10 not started
ESA to re-review,if needed Tuesday,September 9,2025 Tuesday,September 16,2025 7 not started
D.Biological Resources Technical Report Wednesday,August 20,2025 Tuesday,September 16,2025 27
Received from Applicant Wednesday,August 20,2025 0 not started Assumes receipt within 5d after kickoff meeting
Reviewed by ESA Wednesday,August 20,2025 Saturday,August 30,2025 10 not started
Applicant to clarify or revise,if needed Saturday,August 30,2025 Tuesday,September 9,2025 10 not started
ESA to re-review,if needed Tuesday,September 9,2025 Tuesday,September 16,2025 7 not started
E.Cultural Resources Assessment Wednesday,August 20,2025 Tuesday,September 16,2025 27
Received from Applicant Wednesday,August 20,2025 0 not started Assumes receipt within 5d after kickoff meeting
Reviewed by ESA Wednesday,August 20,2025 Saturday,August 30,2025 10 not started
Applicant to clarify or revise,if needed Saturday,August 30,2025 Tuesday,September 9,2025 10 not started
NOTES/ASSUMPTIONS
ESA to re-review,if needed Tuesday,September 9,2025 Tuesday,September 16,2025 7 notstarted
F.Paleontological Resources Assessment Wednesday,August 20,2025 Tuesday,September 16,2025 27
Received from Applicant Wednesday,August 20,2025 0 not started Assumes receipt within 5d after kickoff meeting
Reviewed by ESA Wednesday,August 20,2025 Saturday,August 30,2025 10 not started
Applicant to clarify or revise,if needed Saturday,August 30,2025 Tuesday,September 9,2025 10 not started
ESA to re-review,if needed Tuesday,September 9,2025 Tuesday,September 16,2025 7 not started
G.Phase I Environmental Site Assessment Wednesday,August 20,2025 Tuesday,September 16,2025 27
Received from Applicant Wednesday,August 20,2025 0 notstarted Assumes receipt within 5d after kickoff meeting
Reviewed by ESA Wednesday,August 20,2025 Saturday,August 30,2025 10 notstarted
Applicant to clarify or revise,if needed Saturday,August 30,2025 Tuesday,September 9,2025 10 not started
ESA to re-review,if needed Tuesday,September 9,2025 Tuesday,September 16,2025 7 notstarted
H.Noise/Acoustical Assessment Wednesday,August 20,2025 Tuesday,September 16,2025 27
Received from Applicant Wednesday,August 20,2025 0 not started Assumes receipt within 5d after kickoff meeting
Reviewed by ESA Wednesday,August 20,2025 Saturday,August 30,2025 10 not started
Applicant to clarify or revise,if needed Saturday,August 30,2025 Tuesday,September 9,2025 10 not started
ESA to re-review,if needed Tuesday,September 9,2025 Tuesday,September 16,2025 7 not started
I.Water Supply Assessment Wednesday,August 20,2025 Tuesday,September 16,2025 27
Received from Applicant Wednesday,August 20,2025 o not started Assumes receipt within 5d after kickoff meeting
Reviewed by ESA Wednesday,August 20,2025 Saturday,August 30,2025 10 not started
Applicant to clarify or revise,if needed Saturday,August 30,2025 Tuesday,September 9,2025 10 not started
ESA to re-review,if needed Tuesday,September 9,2025 Tuesday,September 16,2025 7 not started
J.Transportation Impact Study Wednesday,August 20,2025 Tuesday,September 16,2025 27
Received from Applicant Wednesday,August 20,2025 0 not started Assumes receipt within 5d after kickoff meeting
Reviewed by ESA Wednesday,August 20,2025 Saturday,August 30,2025 10 not started
Applicant to clarify or revise,if needed Saturday,August 30,2025 Tuesday,September 9,2025 10 not started
ESA to re-review,if needed Tuesday,September 9,2025 Tuesday,September 16,2025 7 not started
Contract Deliverable C,Scoping Friday,August 15,2025 Monday,October 20,2025
Notice of Preparation,NOC,legal advertisement Friday,August 15,2025 Monday,August 25,2025 10 not started Assumes drafting of notices to start concurrent with CEQA
process kickoff meeting,to proceed in parallel with
technical studv reviews.
County review of draft notices Monday,August 25,2025 Monday,September 1,2025 7 not started
ESA to finalize notices for County approval,signature Monday,September 1,2025 Friday,September 5,2025 4 notstarted
Coordination with The Business Journal Monday,August 25,2025 Monday,September 1,2025 7 not started confirmation of publication dates and rates to be
complete at least 7d before start of Scoping;copy due at
least 3d before start of scooine
Saturday,September 6,2025 Monday,October 6,2025 30 not started Scheduled for 30d(14 CCR§§15082,15103).Schedule
Scoping period assumes Scoping period will not be extended beyond 30
days.
Public Scoping Meeting Friday,September 26,2025 not started To be held virtually and during business hours with
approximately lod remaining in scoping period
Scoping Report Monday,October 6,2025 Monday,October 20,2025 14 not started Scheduled complete within 2w close of scoping period
NOTES/ASSUMPTIONS
Contract Deliverable D,Admin Draft EIR Friday,August 15,2025 Saturday,March 14,2026
Draft Project Description Friday,August 15,2025 Monday,September 29,2025 45 not started Assumes start upon kickoff meeting/confirmation that
project description in application materials remains
current,assumes data needs will be identified in initial
draft.May be updated to reflect project refinements
irlPntlfiPrl in YPrhnirnl rannrk
County/Applicant team review Monday,September 29,2025 Thursday,October 9,2025 10 not started Assumes lod review period,including call if needed to
resolve questions
Finalize PD for use by resource analysts Thursday,October 9,2025 Thursday,October 16,2025 7 not started Assumes 7d to finalize for use,assumes refinements not
affecting impact conclusions may continue to be made
Develop Cumulative Scenario Monday,October 6,2025 Thursday,October 16,2025 10 not started Scheduled complete within 10d of end of scoping period
Initial analysis of Project Impacts Monday,October 6,2025 Friday,December 5,2025 60 not started Assumes 60d research,analysis and drafting from close of
scoping.
Develop Alternatives Friday,Decembers,2025 Monday,December 15,2025 10 not started Schedule driver is completion of project-specific impacts
analysis
Submit and discuss suggested range of Monday,December 15,2025 Thursday,December 25,2025 10 not started Assumes Sod review period,including call if needed to
alternatives resolve questions
Refine alternatives if/as needed Thursday,December 25,2025 Sunday,January 4,2026 10 not started Assumes 10d to finalize for analysis
Analyze Alternatives Sunday,January 4,2026 Wednesday,January 14,2026 10 not started Assumes lod to analyze,prepare comparison table
Finalize Admin Draft EIR Wednesday,January 14,2026 Wednesday,January 28,2026 14 notstarted Assumes lod forfinal editing;4d for final word processing
and production of electronic deliverable
Applicant review of ADEIR Wednesday,January 28,2026 Friday,February 27,2026 30 not started Assumes 30d
County review of ADEIR Wednesday,January 28,2026 Saturday,March 14,2026 45 not started Assumes 45d review,including 30d review by County
Counsel's office
Contract Deliverable E,Draft EIR and Notices Saturday,March 14,2026 Sunday,April 12,2026
ESA to make responsive revisions Saturday,March 14,2026 Saturday,March 28,2026 14 not started Assumes 14d
ESA to draft notices,coordinate with The Business Saturday,March 14,2026 Tuesday,March 24,2026 10 not started Assumes 10d,running finish-to-finish with revisions
Journal
County&Applicant Review of Screen check,County Saturday,March 28,2026 Tuesday,April 7,2026 10 not started Assumes 10d
review of Notices
ESA to Finalize,Produce Draft EIR Tuesday,April 7,2026 Sunday,April 12,2026 5 not started Assumes 5d
ESA to provide electronic copies of materials cited in Wednesday,April 8,2026 Sunday,April 12,2026 5 not started To be submitted to the County with submittal of DEIR
DEIR
Contract Deliverable F,Administrative Final Ell Wednesday,April 15,2026 Thursday,September 1T,2026
Agency,Public Review Period Wednesday,April 15,2026 Saturday,May 30,2026 45 not started Assumes 45d.
Administrative Draft Responses to Comments Saturday,May 30,2026 Wednesday,July 29,2026 60 not started Assumes 60d from close of comment period
Draft remaining sections of Final EIR Wednesday,July 29,2026 Monday,August 3,2026 5 not started Scheduled complete within 5d of conclusion of responses
to comments
Applicant review of AFEIR Monday,August 3,2026 Wednesday,September 2,2026 30 not started Assumes 30 days
County review ofAFEIR Monday,August 3,2026 Thursday,September 17,2026 45 not started Assumes 45 days,including 30d review by County
Counsel's office
Contract Deliverable G,Final EIR Friday,September 18,2026 Monday,October 19,2026
ESA to make responsive revisions Friday,September 18,2026 Monday,September 28,2026 10 not started Assumes lod
County and Applicant Review of Screen check FEIR Tuesday,September 29,2026 Friday,October 9,2026 10 not started Assumes 10d
ESA to Finalize,Produce Final EIR Friday,October 9,2026 Monday,October 19,2026 10 not started Assumes 5d
-�= NOTES/ASSUMPTIONS
ESA to provide electronic copies of any materials Monday,October 19,2026 not started To be submitted to the County with submittal of FOR
newly-cited in FEIR
Contract Deliverable H,Decision Support Thursday,September 17,2026 Friday,December 4,2026
ESA to provide input to Staff Report Monday,October 19,2026 Wednesday,October 28,2026 9 not started To begin upon issuance of FEIR,assumes completion 21d
before Public Hearing 1
ESA to prepare MMRP Thursday,September 17,2026 Monday,November 2,2026 46 not started To begin upon receipt of County input on AFEIR,assumes
completion 14d after issuance of FEIR
ESAto prepare draft CEQA Findings Thursday,September 17,2026 Monday,November 2,2026 46 not started To begin upon receipt of County input on AFEIR,assumes
completion 14d after issuance of FEIR
Williamson Act cancellation hearing(if needed) Wednesday,October 28,2026 not started To occur in advance of Planning Commission hearing 1;
timing otherwise to be confirmed
Public Hearing 1 Thursday,October 29,2026 Wednesday,November 18,2026 20 not started Can occur no sooner than lod after issuance of FEIR;
assumed to occur within 30d of issuance of FOR
Appeal period Wednesday,November 18,2026 Thursday,December 3,2026 15 not started Assumes 15d appeal period
Public Hearing 2 Thursday,December 3,2026 Saturday,January 2,2027 30 not started Assumes hearing to be scheduled within Sod of appeal
ESA to prepare NOD Monday,October 19,2026 Friday,December 4,2026 46 not started Assumes filing within ld of conclusion of appeal period
Table 2:Contract Deliverables-Sequoia Solar Project 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 $ 3,018
$ 6,218 Distribution list $ 2,204
3%of Project Management costs $ 996
Non-labor expenses $ -
Contract Deliverable B:Review of Technical Studies
One review memorandum per Applicant-provided technical report $ 23,964
$ 42,264 Up to ten(10)follow-up review memoranda $ 15,976
7%of Project Management costs $ 2,325
Non-labor expenses $ -
Contract Deliverable C:Scoping
Notifications(NOP,NOC) $ 2,572
Scoping Meeting Presentation Materials $ 9,793
$ 21,785 Scoping Report $ 4,584
4%of Project Management costs $ 1,328
Non-labor expenses $ 3,508
Contract Deliverable D:Administrative Draft EIR
Administrative Draft EIR $ 299,277
$ 319,865 62%of Project Management costs $ 20,588
Non-labor expenses $ -
Contract Deliverable E:Draft EIR and Notices
Screen check Draft EIR $ 15,615
Draft EIR,including cited reference materials $ 9,523
$ 32,636 Notices(NOC,NOA,legal advertisement) $ 1,262
6%of Project Management costs $ 1,992
Non-labor expenses $ 4,244
Contract Deliverable F:Administrative Final EIR
Administrative Final EIR $ 31,448
$ 33,440 6%of Project Management costs $ 1,992
Non-labor expenses $ -
Contract Deliverable G: Final EIR
Screen check Final EIR $ 6,797
Final EIR,including cited reference materials $ 9,523
$ 20,003 NOC $ 1,262
4%of Project Management costs $ 1,328
Non-labor expenses $ 1,093
Contract Deliverable H:Decision Support
Draft CEQA Content for Staff Report,including Draft MMRP $ 7,435
Draft CEQA Findings $ 1,675
Hearing Support $ 16,995
$ 30,307 Notice of Determination(NOD) $ 505
Optional Task:Administrative Record Support(not included in total price)
8%of Project Management costs $ 2,657
Non-labor expenses $ 1,041
$ 506,518 TOTAL
I Exhibit C
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, an EIR for the Project which shall comply with CEQA
5 and conform to the Work Program, as described in Exhibit B to this Agreement, and
6 Schedule, as defined in Exhibit B to this Agreement, submitted by Consultant and
7 approved by Director.
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 EIR according to said Work Program.
13 3. Consultant shall include a County staff member in any meeting or other contact between
14 Consultant and Applicant, unless otherwise authorized by County in which case
15 Consultant shall provide a written summary of the meeting. County shall specifically
16 authorize each instance of written correspondence between Consultant and Applicant,
17 and the sender shall provide County a copy of 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 EIR, 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 Program, selected to prepare any part of the EIR without the prior
24 written consent of Director. Project Manager shall be Janna Scott, email
25 jscott@esassoc.com. Any changes to Consultant Project Manager will require the prior
26 written consent of Director.
27
28
Consultant Agreement— Environmental Science Associates
C-1
1 6. Consultant shall at minimum conduct one(1)scoping meeting for the Notice of Preparation
2 (NOP) and one (1) public meeting for the Draft EIR if such meetings are requested by
3 County.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Consultant Agreement— Environmental Science Associates
C-2
1 Exhibit D
2 Compensation
3 Consultant will be compensated for performance of its services under this Agreement as
4 provided in this Exhibit D. Consultant is not entitled to any compensation except as expressly
5 provided in this Exhibit D.
6 1. Contract Deliverables: to occur in eight (8) increments.
7 (a) Contract Deliverable A: (Project Kick-Off) shall consist of all work
8 performed by Consultant to complete the deliverable as identified in the Exhibit B Work
9 Program.
10 (b) Contract Deliverable B: (Review of Technical Studies) shall consist of
11 all work performed by Consultant to complete the deliverable as identified in the Exhibit B
12 Work Program.
13 (c) Contract Deliverable C: (Scoping) shall consist of all work performed by
14 Consultant to complete the deliverable as identified in the Exhibit B Work Program.
15 (d) Contract Deliverable D: (Administrative Draft EIR) shall consist of all
16 work performed by Consultant to complete the deliverable as identified in the Exhibit B
17 Work Program.
18 (e) Contract Deliverable E: (Draft EIR and Notices) shall consist of all work
19 performed by Consultant to complete the deliverable as identified in the Exhibit B Work
20 Program.
21 (f) Contract Deliverable F: (Administrative Final EIR) shall consist of all
22 work performed by Consultant to complete the deliverable as identified in the Exhibit B
23 Work Program.
24 (g) Contract Deliverable G: (Final EIR) shall consist of all work performed
25 by Consultant to complete the deliverable as identified in the Exhibit B Work Program.
26 (h) Contract Deliverable H: (Decision Support) shall consist of all work
27 performed by Consultant to complete the deliverable as identified in the Exhibit B Work
28 Program.
Consultant Agreement— Environmental Science Associates
D-1
1 2. Payment for Contract Deliverables: Upon execution of this Agreement by the Parties
2 hereto and thereafter upon Consultant's completion of each Contract Deliverable,
3 Consultant shall confirm, in writing, with Director or Director's designee, prior to
4 Consultant's performance of any services under a Contract Deliverable, that the sum
5 representing Applicant's incremental payment for that Contract Deliverable of work to be
6 performed by Consultant has been received by County from Applicant. This total sum shall
7 be paid to Consultant as follows:
8 (a) Contract Deliverable A: Upon receipt of a proper invoice in accordance
9 with Contract Deliverable A and following acceptance, County shall pay Consultant an
10 amount not to exceed Six Thousand Two Hundred Eighteen Dollars and Zero Cents
11 ($6,218.00). The County shall pay Consultant said amounts pursuant to Section 3 of the
12 Agreement.
13 (b) Contract Deliverable B: Upon receipt of a proper invoice in accordance
14 with Contract Deliverable B and following acceptance, County shall pay Consultant an
15 amount not to exceed Forty Two Thousand Two Hundred and Sixty Four Dollars and Zero
16 Cents ($42,264.00). The County shall pay Consultant said amount pursuant to Section 3
17 of the Agreement.
18 (c) Contract Deliverable C: Upon receipt of a proper invoice in accordance
19 with Contract Deliverable C and following acceptance, County shall pay Consultant an
20 amount not to exceed an amount not to exceed Twenty One Thousand Seven Hundred
21 and Eighty Five Dollars and Zero Cents ($21,785.00). The County shall pay Consultant
22 said amount pursuant to Section 3 of the Agreement.
23 (d) Contract Deliverable D: Upon receipt of a proper invoice in accordance
24 with Contract Deliverable D and following acceptance, County shall pay Consultant an
25 amount not to exceed Three Hundred and Nineteen Thousand Eight Hundred and Sixty
26 Five Dollars and Zero Cents ($319,865.00). The County shall pay Consultant said amount
27 pursuant to Section 3 of the Agreement.
28
Consultant Agreement— Environmental Science Associates
D-2
1 (e) Contract Deliverable E: Upon receipt of a proper invoice in accordance
2 with Contract Deliverable E and following acceptance, County shall pay Consultant an
3 amount not to exceed Thirty Two Thousand Six Hundred and Thirty Six Dollars and Zero
4 Cents ($32,636.00). The County shall pay Consultant said amount pursuant to Section 3
5 of the Agreement.
6 (f) Contract Deliverable F: Upon receipt of a proper invoice in accordance
7 with Contract Deliverable F and following acceptance, County shall pay Consultant an
8 amount not to exceed Thirty Three Thousand Four Hundred and Forty Dollars and Zero
9 Cents ($33,440.00). The County shall pay Consultant said amount pursuant to Section 3
10 of the Agreement.
11 (g) Contract Deliverable G: Upon receipt of a proper invoice in accordance
12 with Contract Deliverable G and following acceptance, County shall pay Consultant an
13 amount not to exceed Twenty Thousand and Three Dollars and Zero Cents ($20,003.00).
14 The County shall pay Consultant said amount pursuant to Section 3 of the Agreement.
15 (h) Contract Deliverable H: Upon receipt of a proper invoice in accordance
16 with Contract Deliverable H and following acceptance, County shall pay Consultant an
17 amount not to exceed Thirty Thousand Three Hundred and Seven Dollars and Zero Cents
18 ($30,307.00). The County shall pay Consultant said amount pursuant to Section 3 of the
19 Agreement.
20 3. OPTIONAL TASKS: The Parties understand that "Optional Tasks" according to Exhibit B
21 Work Program may be required during the course of the project. The Parties agree that
22 County may authorize Consultant in writing to perform additional Optional Tasks as
23 described in Exhibit B of this Agreement as the County deems needed. Upon receipt of a
24 proper invoice following acceptance of performance of said Optional task by the County;
25 County shall pay Consultant said amount according to Exhibit B Work Program for
26 Optional Tasks pursuant Section 3 of the Agreement.
27
28
Consultant Agreement— Environmental Science Associates
D-3
1 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 EIR. The Parties further
6 understand that it is not possible to estimate accurately either the quantity or quality of
7 comments that will be received by County during the public review period for the Draft
8 EIR. 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 Services which may be authorized are limited to those subjects set forth in
11 Exhibit B. Consultant shall not perform any Extra Services without prior written
12 authorization from the Director or the Director's designee. The total charge for all such
13 Extra Services shall not exceed the sum of Seventy-Five Thousand Nine Hundred
14 Seventy-Seven Dollars and Seventy Cents ($75,977.70), approximately 15% of the Total
15 Fee.
16 3. Whether to authorize Extra Services is within the discretion of County. Authorization may
17 be granted only if additional information, further analysis, or other work is, in the opinion
18 of the Director, required to complete the Draft or Final EIR or related activities. However,
19 if the services to be performed could reasonably have been anticipated during the
20 preparation of the Work Program proposal, as determined by the Director, these services
21 are not "Extra Services" and shall be performed by Consultant within the Total Fee of this
22 Agreement. Extra Services may be authorized only after County's receipt from Applicant,
23 pursuant to County/Applicant Agreement, of the entire sum determined by the Director to
24 be the maximum that may be rendered for those Extra Services. Consultant shall confirm
25 with the Director or the Director's designee that said sum has been received by County
26 from Applicant prior to its performance of the Extra Services.
27 4. Any work performed by the Consultant at County's request is always considered
28 included in the Scope of Work pursuant to Exhibit B unless prior explicit written
Consultant Agreement— Environmental Science Associates
E-1
1 authorization, that includes a proposed Scope of Work for Extra Services and total cost
2 for services, has been obtained. County staff does not have the authority to provide
3 verbal commitments to amendments to agreements or verbally approve Extra Services;
4 any verbal direction or comments from staff does not make a commitment that any
5 written approval for changes in compensation will be authorized or provided. Failure of
6 Consultant to secure prior explicit written authorization for extra services before
7 performing said work shall be deem an acknowledgement that the work is within the
8 scope of the work previously agreed to, and shall constitute a waiver of all rights to an
9 amendment in the contract price or Extra Service request for such unauthorized extra
10 work and Consultant thereafter shall be entitled to no compensation or reimbursement
11 whatsoever for the performance of such work.
12 5. The advance of sufficient funds by Applicant to County for the compensation of both Total
13 Fee services and Extra Services prior to such services being performed shall be paid
14 upfront, and Consultant's confirmation of same with Director, or Director's designee, that
15 such sums have been received shall be conditions precedent to County's obligation to
16 compensate Consultant for such services. If Consultant performs any services under this
17 Agreement and such conditions precedent are not met, County shall not be obligated to
18 compensate Consultant for the performance thereof.
19
20
21
22
23
24
25
26
27
28
Consultant Agreement— Environmental Science Associates
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).
24
25
26
27
28
Consultant Agreement— Environmental Science Associates
F-1
1 (1) Company Board Member Information:
2
Name: Date:
3
4 Job Title:
5 (2) Company/Agency Name and Address:
6
7
8
9
10
11 (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party
12 to)
13
14
15
16
17
18 (4) Explain why this self-dealing transaction is consistent with the requirements of
19 Corporations Code § 5233 (a)
20
21
22
23
24
25
26 (5) Authorized Signature
27
Signature: F
Date:
28 F
Consultant Agreement— Environmental Science Associates
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— Environmental Science Associates
G-1
1 Dollars ($3,000,000). If this is a claims-made policy, then (1) the retroactive date must be
2 prior to 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 renewed, and not replaced with another claims-made policy with a
6 retroactive date prior to the date on which services begin under this Agreement, then the
7 Consultant shall purchase extended reporting coverage on its claims-made policy for a
8 minimum of five years after completion of services under this Agreement.
9 2. Additional Requirements
10 (A)Verification of Coverage. Within 30 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 Office, the Consultant shall deliver, or cause its broker or
13 producer to deliver,to the County Risk Manager, at 2220 Tulare Street, 16th Floor, Fresno,
14 California 93721, or HRRiskManagement@fresnocountyca.gov, and by mail or email to
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 County, its officers, agents, 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 County, its officers, agents,
21 employees, and volunteers any amounts paid under any insurance policy required
22 by this Agreement and that waiver does not invalidate the insurance policy.
23 (ii) The commercial general liability insurance certificate must also state, and include
24 an endorsement, that the County of Fresno, its officers, agents, employees, and
25 volunteers, individually and collectively, are additional insureds insofar as the
26 operations under this Agreement are concerned. The commercial general liability
27 insurance certificate must also state that the coverage shall apply as primary
28 insurance and any other insurance, or self-insurance, maintained by the County
Consultant Agreement— Environmental Science Associates
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 VII.
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— Environmental Science Associates
G-3
1 (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 by this Agreement. The Consultant is solely responsible
4 to obtain any policy endorsement that may be necessary to accomplish that waiver, but
5 the Consultant's waiver of subrogation under this paragraph is effective whether the
6 Consultant obtains such an endorsement.
7 (F) County's Remedy for Consultant's Failure to Maintain. If the Consultant fails to always
8 keep in effect any insurance coverage required under this Agreement, the County may, in
9 addition to any other remedies it may have, suspend, or terminate this Agreement upon
10 the occurrence of that failure, or purchase such insurance coverage, and charge the cost
11 of that coverage to the Consultant. The County may offset such charges against any
12 amounts owed by the County to the Consultant under this Agreement.
13 (G)Subconsultants. The Consultant shall require and verify that all subconsultants used by
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
16 the Consultant to provide services under this Agreement using subconsultants.
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Consultant Agreement— Environmental Science Associates
G-4