HomeMy WebLinkAboutP-18-174-I Amendment 1.pdf 1 FIRST AMENDMENT TO CONSULTANT AGREEMENT
2 THIS FIRST AMENDMENT TO AGREEMENT ("First Amendment") is made this
3 1-7i� day of_ tca%b� , 2021, by and between the COUNTY OF FRESNO, a political
4 subdivision of the State of California, hereinafter referred to as the "County," and
5 AECOM Technical Services Inc., a California corporation, hereafter referred to as the
6 "Consultant."
7 WITNESSETH:
8 WHEREAS, County and Consultant previously entered into an Agreement dated
9 the 4th of April 2018, under which the Consultant agreed to perform the work necessary
10 to complete an Environmental Impact Report ("EIR") and be reimbursed by the Count
11 for services performed as part of an application for certain discretionary land use
12 approvals, as identified in the Agreement; and
13 WHEREAS, County and Consultant now desire to amend the Agreement t
14 increase the amount available to fund the performance of tasks which required a higher
15 level of effort and rework and tasks which are determined to be outside the Scope o
16 Work (Exhibit B of the County/Consultant Contract).
17 NOW, THEREFORE, based on the foregoing and in consideration of their mutua
18 promises as set forth herein, the parties agree to amend the above-referenced
19 Agreement as follows:
20 1. Exhibit "B" of the Consultant Contract is revised to include Exhibit "B-
21 CO.1" (Scope of Work for Change Order 1).
22 2. Exhibit "B-2" of Exhibit "B" of the Consultant Contract is replaced in its
23 entirety with Exhibit "B-2-CO.1" (Contract Deliverables).
24 3. Exhibit "B-3" of Exhibit "B" of the Consultant Contract is revised to include
25 Exhibit "B-3-CO.1" (Change Order Budget).
26 4. Paragraph 4 Compensation, Section A beginning on page 4, line 14 and
27 ending on page 4, line 18, is hereby deleted and replaced in its entirety to read as
28 follows:
1 "A. Basic Fee: For the services performed by the Consultant pursuant to this
2 Agreement, the County shall pay the Consultant a basic fee, which will be a flat
3 fee and shall be paid in eleven (11) installments, as described in this Section 4 of
4 this Agreement that will total a sum of Nine Hundred and Seventy Thousand and
5 Nine Hundred and Three Dollars ($970,903.00)."
6 5. Paragraph 4 Compensation, Section B, beginning on page 4, line 27 and
7 ending on page 5, line 6, is hereby deleted and replaced in its entirety to read as
8 follows
9 "B. Applicant Agreement: The Applicant and the County will enter into
10 an Agreement (the "Applicant/County Agreement") on the same date as this
11 Agreement, and the County and the Consultant pursuant to this Agreement
12 agree to allow the preparation of the EIR Contract Deliverables to occur in
13 Eleven (11) installments with Chevron providing payment for each Contract
14 Deliverable increment before the County may authorize the Consultant to
15 commence work on said Contract Deliverable."
16 6. Paragraph 4 Compensation, Section C, beginning on page 5, line 7 and
17 ending on page 8, line 20, is hereby deleted and replaced in its entirety to read
18 as follows:
19 "C. Work Program and Contract Deliverables: The Consultant
20 shall perform services necessary to complete the EIR for the Project (hereafter
21 referred to as the "Work Program"). The Work Program is described in Exhibit
22 "B", which is attached hereto and incorporated herein by reference.
23 The Work Program is divided into Eleven (11) "Contract Deliverables".
24 Each Contract Deliverable includes one or more "Tasks", which are services the
25 Consultant must perform to complete the Contract Deliverable.
26 The Consultant and the County agree that the EIR shall be prepared in
27 phases that shall consist of eleven (11) Contract Deliverable increments. A
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1 Contract Deliverable shall be considered to have been completed only after all
2 the Tasks identified for that Contract Deliverable have been completed to the
3 satisfaction of the Director. All Tasks shall be completed according to the
4 description in Exhibit "B".
5 Upon completion of a Contract Deliverable, the Consultant shall submit a
6 written request and invoice requesting payment to the Director to accept the
7 Contract Deliverable as complete. If the Director determines that all of the Tasks
8 included in that Contract Deliverable have been satisfactorily completed, the
9 Director shall issue written notification of such satisfaction, which may be
10 delivered by email, to Consultant. If the Director determines that one or more of
11 the Tasks have not been completed to the Director's reasonable satisfaction, the
12 Director shall issue written notification to the Consultant of any deficiency(ies) in
13 the work performed by the Consultant. Upon receipt of written notice of
14 deficiency(ies), the Consultant shall correct the deficiency(ies) and resubmit a
15 written request to the Director to accept the Contract Deliverable as complete.
16 The County is not required to pay the Consultant or to process an invoice until
17 the Director accepts the applicable Contract Deliverable. The Consultant and the
18 County shall repeat this process until the Director determines that the Contract
19 Deliverable has been completed to his satisfaction.
20 Only upon determination by the Director and submittal of an appropriate
21 invoice can a Contract Deliverable be complete. The invoice shall identify, at a
22 minimum, the name of the Contract Deliverable for which the Consultant is
23 claiming payment and the date on which the Consultant claims it completed the
24 Contract Deliverable. If the project is put on hold or delayed due to
25 circumstances outside the control of the Consultant, the Director may, in his
26 discretion, authorize partial payments for Contract Deliverables.
27 (1) Contract Deliverables I shall consist of all work performed by the
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1 Consultant to complete Tasks 1 and 2 as identified in the Exhibit
2 "B" Work Program.
3 (2) Contract Deliverables II, Il.a, Il.b, and Il.c shall consist of all
4 work performed by the Consultant to complete Task 3 as
5 identified in the Exhibit "B" Work Program.
6 (3) Contract Deliverables Ill.a, Ill.b, and Ill.c shall consist of all work
7 performed by the Consultant to complete Task 4 and the
8 Administrative Record as identified in the Exhibit "B" Work
9 Program.
10 (4) Contract Deliverable IV.a and IV.b shall consist of all work
11 performed by the Consultant to complete Task 5 and Task 6 as
12 identified in the Exhibit "B" Work Program.
13 (5) Contract Deliverable V shall consist of all work performed by the
14 - --- consultant to complete Task 7 as identified in the Exhibit "B"
15 Work Program.
16 (6) Upon execution of this Agreement by the Parties hereto and
17 thereafter upon the Consultant's completion of each Contract
18 Deliverable, the Consultant shall confirm, in writing, with the
19 Director or the Director's designee, prior to the Consultant's
20 performance of any services under a Contract Deliverable, that
21 the sum representing the Chevron's incremental payment for
22 the Contract Deliverable of work to be performed by the
23 Consultant has been received by the County from the Applicant.
24 The Consultant shall not initiate the performance of any services
25 under a Contract Deliverable until it receives written
26 confirmation from the Director of the Director's designee that
27 such payment has been received.
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1 (7) Within 10 County business days of receipt of a proper invoice,
2 following acceptance of a Contract Deliverable as described
3 above, the County shall review, approve, and submit the invoice
4 to the County Auditor-Controller/Treasurer-Tax Collector.
5 Payment shall be issued to the Consultant within forty-five (45)
6 calendar days after receipt thereof by County Auditor-
7 Controller/Treasurer Tax Collector. If the County determines
8 that an invoice submitted by the Consultant is deficient in any
9 manner, the County shall notify the Consultant of the deficiency
10 and the Consultant shall correct and resubmit the invoice to the
11 County. The County's notification of a deficient invoice may be
12 delivered by email. This total sum shall be paid to the
13 Consultant as follows:
- 14 a. Contract Deliverables I
15 The first payment of the Consultant shall consist of
16 Ninety-seven Thousand and Nine Hundred and Eight Dollars
17 ($97,908.00). The County shall make payment of the said
18 amount only after acceptance of the Contract Deliverables I,
19 and receipt of a proper invoice as described above.
20 b. Contract Deliverables II
21 The second payment of the Consultant shall consist of
22 One Hundred and Nineteen Thousand and Five Hundred
23 and Twenty Dollars ($119,520.00). The County shall
24 make payment of the said amount only after acceptance
25 of the Contract Deliverable II, and receipt of a proper
26 invoice as described above.
27 c. Contract Deliverables Il.a
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1 The third payment of the Consultant shall consist of
2 Seventy-six Thousand Dollars ($76,000.00). The County
3 shall make payment of the said amount only after
4 acceptance of the Contract Deliverable Il.a, and receipt
5 of a proper invoice as described above.
6 d. Contract Deliverables Il.b
7 The fourth payment of the Consultant shall consist of
8 Seventy Thousand Dollars ($70.000.00). The County
9 shall make payment of the said amount only after
10 acceptance of the Contract Deliverable Il.b, and receipt
11 of a proper invoice as described above.
12 e. Contract Deliverables Il.c
13 The fifth payment of the Consultant shall consist of Two
14 - Hundred and Sixty Thousand Dollars ($260,000.00). The -
15 County shall make payment of the said amount only after
16 acceptance of the Contract Deliverable Il.c, and receipt o
17 a proper invoice as described above.
18 f. Contract Deliverables Ill.a
19 The sixth payment of the Consultant shall consist of One
20 Hundred and Seventy-two and Two Hundred and Thirty-
21 three Dollars ($172,233.00). The County shall make
22 payment of the said amount only after acceptance of the
23 Contract Deliverable Ill.a, and receipt of a proper invoice
24 as described above.
25 g. Contract Deliverables Ill.b
26 The seventh payment of the Consultant shall consist of
27 Thirty-four Thousand and Nine Hundred and Fifty Dollars
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1 ($34,950.00). The County shall make payment of the
2 said amount only after acceptance of the Contract
3 Deliverable Ill.b, and receipt of a proper invoice as
4 described above.
5 h. Contract Deliverables Ills
6 The eighth payment of the Consultant shall consist of
7 Thirty-six Thousand Dollars ($36,000.00). The County
8 shall make payment of the said amount only after
9 acceptance of the Contract Deliverable Ill.c, and receipt
10 of a proper invoice as described above.
11 i. Contract Deliverables IV.a
12 The ninth payment of the Consultant shall consist of Sixty
13 Thousand Dollars ($60,000.00). The County shall make
14 payment of the said amount only after acceptance of the
15 Contract Deliverable IV.a, and receipt of a proper invoice
16 as described above.
17 j. Contract Deliverables IV.b
18 The tenth payment of the Consultant shall consist of
19 Seventeen Thousand and One Hundred and Six Dollars
20 ($17,106.00). The County shall make payment of the
21 said amount only after acceptance of the Contract
22 Deliverable IV.b, and receipt of a proper invoice as
23 described above.
24 k. Contract Deliverables V
25 The eleventh payment of the Consultant shall consist of
26 Twenty-seven Thousand and One Hundred and Eighty-
27 six Dollars ($27,186.00). The County shall make
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1 payment of the said amount only after acceptance of the
2 Contract Deliverable V, and receipt of a proper invoice as
3 described above."
4 County and Consultant agree that this First Amendment is sufficient to amend
5 the Agreement and that upon full execution of this First Amendment, the Agreement,
6 and this First Amendment shall be considered and shall constitute the Agreement.
7 The Agreement, as hereby amended, is ratified and continued. All provisions,
8 terms, conditions, mutual covenants, and promises set forth in the Agreement shall
9 remain in full force and effect, expect as hereinabove amended.
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1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
2 executed as of the day and year first above written.
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4 CONSULTANT: COUNTY OF FRESNO
REVIEWED AND RECOMMEN ED
5 AECOM Technical Services, Inc. FOR APPROVAL
6
Steve Leach Steven E. White, Director
8 Vice President Department of Public Works and
Planning
9
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11 ORG: 4360-0200
FUND: 0001
12 ACCOUNT: 7295
SUBCLASS: 10000
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A_ 0M AECOM 510-893-3600 tel
1333 Broadway 510-874-3268 fax
Suite 800
Oakland,CA 94612
www.aecom.com
EXHIBIT B(1)
Scope of Work for Change Order 1 —Coalinga Oilfield EIR No. 7180
This scope of work describes Tasks that comprise Change Order 1. The scope includes existing
tasks that required a higher level of effort and additional work due to changes in the applicants
Project Description after several sections of the EIR were drafted, revisions to the analyses to
describe impacts individually for each CUP, and changes required due to revisions to the CEQA
guidelines since the original contract was signed. This scope of work also includes new tasks that
were not part of the original scope of work authorized by the County in 2018.
1 Project Description Changes and Items with Higher Level of Effort
1.1 Project Description Changes (Part of Task 3 -Administrative Draft)
The initial version of the project description was circulated with the Notice of Preparation prior to
beginning the impact analysis. This version of the project description was based on the descriptions
provided in the CUP applications. Subsequent changes to the project description after the Notice of
Preparation was completed have required additional effort, including an additional review of the entire
impact analysis and updates to the impact analysis where applicable.
The following changes to the project description have increased the level of effort:
• Land disturbance areas for features such as wells, steam generators, and roads changed
from the original project description, requiring recalculation of habitat impacts and updates to
the descriptions of the resources within the project area. Multiple iterations of these changes
have required substantial effort to update GIS information and implement updates to
quantitative information embedded in tables and text throughout the impact evaluations.
• Project boundaries for Chevron changed after discussions regarding agricultural impacts
(requiring changes to several sections including agriculture, biological resources, and
figures).
• Seneca's proposal to reduce the total number of wells from about 1,500 to 750 required
revision to all of the tables, setting details, impact discussions, and updates to mapping.
• Changes in equipment, primarily affecting the air quality and greenhouse gas modeling. New
data provided by the applicants over a two year period has required updates and revisions to
the air quality evaluations that were not included in our original scope and cost estimate,
which was based on comparable projects. These changes over time have resulted in more
than ten iterations of air quality modelling so far. We have recently sought to stabilize this by
preparing a master table for both Seneca and Chevron with all modeling input data and
asking the applicants to verify the final inputs. However, development of the table required a
considerable effort that had not been previously assumed in our scope of work.
This evolution in the Project Description not only required changes to the analyses and text in several
of the sections, but most figures in the document also required revisions to account for boundary
changes.
ACOM July 13,2021
Page 2
1.2 Differentiation of Impact Discussions by CUP for Chevron (Part of Task 3-
Administrative Draft)
The county commented that the Chevron portion of the project description (and subsequently all
impact analyses that followed) needed to be broken down separately into the two Conditional Use
Permits (CUPS)for Chevron. AECOM's costs assumed that the analysis would follow the structure of
the project descriptions submitted with the CUPs, which included a Chevron project and a Seneca
project.
AECOM prepared the draft document based on the project descriptions provided by Chevron and
Seneca in 2018, which combined the two Chevron CUPs into one description. The concept of splitting
the project description to match the CUPs was introduced in County comments received in May 2020
after considerable work had been completed on the impact evaluations and section text.
Separating the impact evaluations according to the CUP areas has required additional effort that was
not included in the current scope and cost estimate. Changes are required in both in the Project
Description and in each of the EIR sections. Furthermore, additional effort has been required to
understand how to split the equipment and infrastructure and then to reevaluate the impacts based on
the split. This effort primarily affects air quality, biology, cultural resources, noise, and traffic.
However, every section will be evaluated to determine if the split affects the impacts and to determine
if mitigation measures need to apply differently to individual CUP areas.
Separation of the CUP areas also includes revisions to figures and creation of a number of new
tables throughout the document.
1.3 Biological Resources Evaluation (Part of Task 3-Administrative Draft)
The evaluation of biological resources required additional effort that was not anticipated in the
approved scope and cost estimate.
The original scope assumed that AECOM would evaluate the biological resources based on a model
for disturbance developed for previous environmental documents (e.g. Kern County Oil and Gas EIR).
However, the evaluation for the proposed project has required additional refinements that include:
• Incorporation of recent special status species survey data provided by the applicants;
• Updates to the limits of wetlands and other waters in the project area based on input from the
applicants and recent determinations for seasonal wash and detention basin features;
• Refinements to the impact model based on updated well development footprints provided by
the applicants;
• Changes to the limits of existing disturbance and habitat connectivity after initiation of the
project based on updated information from the applicants; and
• Development of a multi-tiered impact evaluation for impacts to keystone species and wildlife
movement based on input from the applicants.
Multiple revisions to GIS data and associated impact analyses has required a substantial increase in
the level of effort required to develop and finalize the biological resource evaluation for the EIR and
delayed the completion of the draft EIR section.
1.4 Project Management (Part of Task 3-Administrative Draft)
Several elements of the project management task have changed compared to the original scope and
cost estimate approved by Fresno County:
1) The duration of the project has been extended due to delays in finalizing project description
information and review of draft sections.
ACOM July 13,2021
Page 3
2) Additional meetings were requested by the applicants and the County to facilitate
coordination with the County and the applicants.AECOM has conducted bi-weekly meetings
to facilitate data exchange, coordinate responses to data requests, and confirm status of
document reviews and document preparation.
The evolution of the project description and background setting information has substantially
increased the overall time to prepare a draft document. The longer project duration has expanded the
time required for routine project management tasks (e.g., internal meetings, coordination with the
County and applicants, etc.).
In addition,the original Scope of Work did not include regular team meetings. At the request of the
applicants, AECOM has conducted approximately 13 bi-weekly team meetings in the last 9 months
and conducted additional team meetings in the prior phases of the project. We have also conducted
several topic-specific meetings for air quality and biology. This task includes the additional project
management costs associated with a longer project duration and increased coordination and
meetings. Under this scope AECOM will reduce the number of future meetings to only topic specific
meetings as needed, because we are approaching a stable project description.
2 New Tasks
2.1 Changes in CEQA Guidelines and Other Regulations (Part of Task 3-Administrative
Draft EIR)
New CEQA Sections and Organization
This scope includes revising the document to reflect current CEA guidelines. The new CEQA
guidelines released in 2019 reorganized the presentation and assessment of a number of topics in
EIRs and added several new sections. New sections for energy, tribal cultural resources, and wildfire
will be prepared. Other sections including geology and soils, paleontology, and hydrology and water
quality will be reorganized to match the organization of the significance criteria in the new CEQA
Appendix G guidelines.
Air District Regulations
In June 2018, the San Joaquin Valley Air Pollution Control District(SJVAPCD) updated their CEQA
guidance pertaining to project ambient air quality analyses (http://www.valleyair.org/policies per/
Policies/APR-2030.pdf). If a project exceeds the 100 pound per day threshold for any pollutant in
each of the three categories, an ambient air quality analysis would be required. Additional revisions to
the emissions calculations and CaIEEMod inputs to refine the emissions to be below this threshold
were required to avoid an Ambient Air Quality Analysis (AAQA)for both construction and operations.
Based on discussions with SJVAPCD, the Health Risk Assessment (HRA) is required for all
operational sources—permitted, non-permitted and permit-exempt. This required additional data
needs requests and conference calls to clarify the information requested, in addition to conducting the
HRA for permit-exempt sources which were not in the original scope of work.
2.2 Document Accessibility (Part of Task 4- Draft EIR)
Documents to be posted to the State Clearinghouse should be in compliance with State guidelines for
the Americans with Disabilities Act (ADA). To make the document compliant AECOM will:
• Substantially reformat the draft document, including fonts, headers, reading order, removal of
wrapped text, and potential removal of example photos in some sections.
ACOM July 13,2021
Page 4
• Reformat and redesign of most tables to remove merged cells and complexity.
• Prepare alternate text for all figures.
2.3 Administrative Record
AECOM will prepare the Administrative Record in coordination with the County and County's legal
counsel. This will involve compiling all reference materials used in the EIR, as well as important
correspondence (email, letters)documenting decisions made during the preparation of the EIR.
Websites referenced will include a screenshot of the page and the date accessed. Books that are
referenced will be documented by a copy of the cover page and pages cited. We assume that the
County will furnish certain emails or other correspondence it may have that are needed for the
Record.
In addition, the County has requested that AECOM, acting as its authorized agent, post the document
to the State Clearinghouse for public circulation. AECOM will work with the County to obtain
authorization from the State Clearinghouse and will post the electronic version of the document.
2.4 Attendance at Public Meeting for Adoption of EIR (Part of Task 7)
AECOM will attend up to two Planning Commission or Board of Supervisors meetings to assist
County Staff in addressing questions that may arise during the meeting. We assume that AECOM will
provide a short overview of the project and highlight impacts and mitigation using PowerPoint and
County staff will present their staff report to the Commission or Board members.
3 Assumptions
The cost estimate (Exhibit B-3)for this Change Order is based on the following assumptions:
• No further project description changes will occur.
• The County, Chevron and Seneca will identify reasonable Alternatives to the project.
• One team meeting will be conducted per month for 12 months. A total of 15 team meetings are
budgeted including up to 3 additional topic specific meetings (e.g., alternatives, air quality).
• AECOM will provide an electronic version of the Public Draft EA to the County and up to 3
hardcopy versions. No hardcopy will need to be provided to the State Clearinghouse under
current guidance.
• The project management task includes project coordination and communication for up to
approximately 14 months based on project completion by November 2022. Additional project
management would require additional compensation not included in the cost estimate described
above.
• AECOM will provide an ADA compliant PDF of the Public Draft EIR. The pdf created for
submission to the State Clearinghouse and for posting at the County's website will be compatible
with a standard accessibility checker such as Common Look. Figures will not need to be made
fully compliant(e.g., changing colors and line styles). We assume the document will not need to
be PAC3 compliant and will meet the state clearinghouse guidelines for text recognition.
• Meeting for the adoption of the EIR will not require AECOM to prepare presentation boards,
handouts, or arrange for translations (either written or spoken).
EXHIBIT B-2(l)
CHANGE ORDER I—July 2021
CONTRACT DELIVERABLES-AECOM
Chevron-Seneca
CONDITIONAL USE PERMITS 3538,3539,and 3548
AND
ENVIRONMENTAL IMPACT REPORT 7180
Percent of Total
Deliverables Amount per Increment Contract Deliverables
Task 1:Project Initiation
Subtask l.1 Kick off meeting,site visit,management,
execution plan
Subtask 1.3 Notice of Preparation
Contract Deliverables 1 $97,908 10% Task 2: Public Meeting
Subtask 2.1 Public Scoping Meeting
Direct Expenses
$6,200.00
Task 3: Administrative Draft EIR
Contract Deliverables 2 $119,520 1 2% Subtask 3.1 Project Description
Subtask 32 Partial Administrative Draft
Task 3:Administrative Draft EIR
Contract Deliverables 2a $76,000 8% Biological Resources and Air Quality Sections
Contract Deliverables 2b $70,000 7% Task 3:Administrative Draft EIR
Alternatives and Cumulative Resources Sections
Task 3: Administrative Draft EIR
Subtask 3.2 Administrative Draft EIR
Contract Deliverables 2c $260,000 27% Subtask 32.1 Effects Found not to be Significant
Direct Expenses
$4,000.00
Task 4: Draft EIR
Subtask 4.1 Draft EIR
Document ADA compliance
Contract Deliverables 3a $172,233 18%
Direct Expenses
$5,000.00
Task 4: Draft EIR
Contract Deliverables 3b $34,950 3.5% Subtask 4.2 Public Hearin,,
Administrative Record
Contract Deliverables 3c $36,000 4%
Percent of Total
Deliverables Amount per Increment Contract Deliverables
Task 5: Final EIR
Subtask 5.1 Final EIR
Contract Deliverables 4a $60,000 6%
Direct Expenses
$2,500.00
Task 6: Findings of Fact and Statement of Override
Contract Deliverables 4b $17,106 1.5% Subtask 6.1 Findings of Fact and Statement of
Override
Task 7: Decision Support
7.1 MMRP
Contract Deliverables 5 $27,186 3% 7.2 Public Hearings
Direct Expenses
$1,140.00
EXHIBIT B-3)7)
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