HomeMy WebLinkAboutAgreement A-20-144 with Mintier Harnish LP.pdf1
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AMENDED AND RESTATED CONSULTANT AGREEMENT
This AMENDED AND RESTATED CONSULTANT AGREEMENT (“Agreement”), made and
entered into this _____ day of ____________ 2020 (“Execution Date”), amends and restates
County of Fresno agreement number 15-530 (the “Original Agreement”) executed October 13,
2015 by and between the COUNTY OF FRESNO (“County”), a political subdivision of the State
of California, and the consulting firm of Mintier Harnish LP (“Consultant”), a California Limited
Partnership, The County and Consultant may collectively be referred to herein as “parties” and
singularly as a “party.”
RECITALS:
WHEREAS, the Consultant has been selected to prepare an Environmental Impact
Report (EIR) on behalf of the County for a proposal submitted by the County of Fresno. The
Review of the General Plan and the Update of the Zoning Ordinance hereinafter referred to as
the Proposed Project consists of expanding the current General Plan Review and
comprehensive Zoning Ordinance Update process to address recent policy direction given by
the Board of Supervisors, address recent changes to State planning law and provide an
update to the 2000 General Plan Background Report, prepare a Program Environmental
Impact Report (PEIR), and conduct additional public meetings with the Planning Commission
and Board of Supervisors; and
WHEREAS, the Consultant understands that the California Environmental Quality Act
(CEQA) requires that the EIR prepared for the project reflect the independent judgment of the
lead agency; and
WHEREAS, the Consultant understands that it must meet the requirements for an
interdisciplinary approach in the preparation of the EIR, as specified in Article 9 of the CEQA
Guidelines (Section 15120 – 15132), and that the Consultant must have no interest, financial
or otherwise, in the outcome of the Proposed Project or any related projects; and,
WHEREAS, the Consultant represents that it is qualified, able and willing to prepare a
legally adequate EIR and to otherwise deliver the necessary environmental consulting services
14th April
Agreement No. 20-14420-0032
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as are required by the County and as are required by law for the Project, which representation
the County specifically relies upon; and,
WHEREAS, the Director of the Fresno County Department of Public Works and
Planning (Director) is responsible for the environmental documents prepared for the Project;
and
WHEREAS, the parties have performed work under the Original Agreement; and
WHEREAS, the parties now wish to amend the project description and scope of work,
and, by this Agreement, to amend and restate the Original Agreement in its entirety; and
WHEREAS, a revised copy of the Project Description is attached hereto as Exhibit “A.”
NOW, THEREFORE, in consideration of the Covenants and Conditions set forth herein,
the parties agree as follows:
1. Obligations of the Consultant
A. Consultant shall not initiate any work associated with this Agreement
unless and until receipt of a Notice to Proceed is issued by the County. Upon Consultant’s
receipt of written request by the County to proceed with identified work, the Consultant shall
prepare, an EIR for the Proposed Project which shall comply with CEQA and conform to the
“Work Program,” consisting of the documents attached hereto as Exhibits “B-1 Original Scope
of Work,” “B-2 Amended Scope of Work,” “C Revised Deliverable Table,” and “D Revised
Budget Sheet” and incorporated herein by reference.
B. The Consultant shall review all background information, prior technical
studies and other studies supplied by the County for evaluation in the EIR, and the Consultant
or his Sub-consultants shall revise and/or prepare any studies determined to be inadequate or
incomplete.
C. The Consultant shall not revise the approved Work Program, Work
Schedule or replace any Sub-consultant selected to prepare any part of the EIR without the
prior written consent of the Director. The Consultant Project Manager shall be Rick Rust,
email rick@mintierharnish.com. Any changes to the Consultant Project Manager will require
prior written consent of the Director.
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D. The Consultant shall at most conduct two (2) scoping meetings for the
Notice of Preparation (NOP), and at most one (1) public meeting for the Draft EIR.
2. Obligations of the County
A. The County shall make available to the Consultant all documents, studies,
and other information, not otherwise confidential or privileged, in its possession related to the
project.
B. The County shall review Consultant’s work and provide comments to the
Consultant as outlined in the Work Program.
C. The County shall arrange for publication of the NOP, mail required notices
to public agencies and interest groups.
D. The County will work with the Consultant to make arrangements for
meetings with the public agencies and the public and the County requests the Consultant to
conduct such meetings.
E. The deadlines for performance by the County or its officers and
employees set forth herein are directory only, and the failure of the County to meet such
deadlines shall not be a breach of this Agreement. The County shall exercise good faith to
meet all deadlines and shall promptly notify the Consultant of any delays.
3. Compensation
A. Fee for Services: The total compensation for the services performed
under this Agreement shall not exceed One Million, One Hundred and Twenty-Eight Thousand,
Two Hundred and Seventy-Five Dollars ($1,128,275), inclusive of both the revised basic fee
and extra services described more fully in Sections 3.A and 3.C of this Agreement. The
County shall pay the Consultant a revised basic fee in the total sum of One Million, Two
Thousand, Nine Hundred and Twenty-Five Dollars ($1,002,925.00) which consists of an
additional Two Hundred and Seventy-Eight Thousand, Two Hundred and Seventy-Five Dollars
($278,275.00) for the Amended Scope of Work added to the total sum of the Original Scope of
Work of Seven Hundred Twenty-Four Thousand, Six Hundred and Fifty Dollars ($724,650.00).
This revised basic fee is the entire consideration to be paid by the County to the Consultant for
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all services performed by the Consultant, except as otherwise provided in Subsection 3.C of
this Agreement. The total charge for Extra Services shall not exceed the sum of One Hundred
Twenty-Five Thousand, Three Hundred and Fifty Dollars ($125,350.00). Exhibit D attached to
this Agreement, is the detailed revised budget for the work to be performed including
contingency. In the event the parties hereto disagree as to whether certain services are
included in the basic fee, the Director shall, in the Director's reasonable discretion, make the
determination as to the characterization of such services. The Director will be guided by, but
not be required to follow the Consultant’s Work Program of this Agreement in determining
whether certain services are included in the basic fee. The Director’s determination shall be
conclusive and binding upon the parties hereto.
B. Contract Deliverables: Consultant and County agree that the EIR shall be
prepared in phases that shall consist of sixteen (16) Contract Deliverable increments. A
Contract Deliverable shall be considered to have been completed only after all the tasks
identified for that Contract Deliverable have been completed to the satisfaction of the County.
All Tasks shall be completed according to Work Program, including the Table attached to
Exhibit “C”. Upon completion of a Contract Deliverable and delivery to the County, the
Consultant may submit an invoice for that Contract Deliverable. The Director or his designee
must first accept a Contract Deliverable in writing before the Consultant’s invoice for payment
can be accepted for processing. The County is not required to pay the Consultant or to
process an invoice until the Director accepts the applicable Contract Deliverable.
(1) Contract Deliverable I has been completed and consisted of all
work performed by the Consultant to complete Task 1.1, Administrative Draft Background
Report (40%), Ongoing Project Management, Coordination Meetings, Invoicing, Printing
Materials and Reports, Travel Expenses and Transmittal Expenses as identified in Work
Program and acceptance of the foresaid documents by the County.
(2) Contract Deliverable II has been completed and consisted of all
work performed by the Consultant to complete Task 1.1, Administrative Draft Background
Report (40%), Ongoing Project Management, Coordination Meetings, Invoicing, Printing
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Materials and Reports, Travel Expenses and Transmittal Expenses as identified in Work
Program and acceptance of foresaid documents by the County.
(3) Contract Deliverable III has been completed and consisted of all
work performed by the Consultant to complete Task 1.1, Administrative Draft Background
Report (20%), Task 1.2, Public Review of Draft Background Report Ongoing Project
Management, Coordination Meetings, Invoicing, Printing Materials and Reports, Travel
Expenses and Transmittal Expenses as identified in the Work Program, and acceptance of
foresaid documents by the County.
(4) Contract Deliverable IV has been completed and consisted of all
work performed by the Consultant to complete Task 2.1, Admin Draft Policy Document
Revisions, Task 2.2, Public Review of Draft Policy Document Revisions, Task 3.1 Public
Review and Referrals (70%), Ongoing Project Management, Coordination Meetings, Invoicing,
Printing Materials and Reports, Travel Expenses and Transmittal Expenses as identified in the
Work Program, and acceptance of foresaid documents by the County.
(5) Contract Deliverable V has been completed and consisted of all
work performed by the Consultant to complete Task 3.3, Board of Supervisors Study Session,
Task 3.4, Revised Public Review of General Plan and Zoning Ordinance, Ongoing Project
Management, Coordination Meetings, Invoicing, Printing Materials and Reports, Travel
Expenses and Transmittal Expenses as identified in the Work Program, and acceptance of
foresaid documents by the County.
(6) Contract Deliverable VI shall consist of all work performed by the
Consultant to complete Task 1.3 Administrative Draft Background Report Environmental
Justice Planning Modifications, Task 1.4 Administrative Draft Background Report
Environmental Modifications, Task 1.5 Administrative Draft Background Report Mobility
Modifications, Task 1.6 Revised Administrative Draft Background Report, Task 1.7 Revised
Public Review Draft Background Report, Ongoing Project Management, Coordination
Meetings, Invoicing, Printing Materials and Reports, Travel Expenses and Transmittal
Expenses as identified in the Work Program, and acceptance of foresaid documents by the
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County.
(7) Contract Deliverable VII shall consist of all work performed by the
Consultant to complete Task 2.3 Policy Document Revisions (Environmental Justice and
Safety Element), Task 2.4 Administrative Draft Policy Document Revisions, Task 2.5 Public
Review Draft Policy Document Revisions, , Ongoing Project Management, Coordination
Meetings, Invoicing, Printing Materials and Reports, Travel Expenses and Transmittal
Expenses as identified in the Work Program, and acceptance of foresaid documents by the
County.
(8) Contract Deliverable VIII shall consist of all work performed by the
Consultant to revise Task 3.1 Public Review and Referrals (30%), Ongoing Project
Management, Coordination Meetings, Invoicing, Printing Materials and Reports, Travel
Expenses and Transmittal Expenses as identified in the Work Program, and acceptance of
foresaid documents by the County.
(9) Contract Deliverable IX shall consist of all work performed by the
Consultant to complete Task 3.2, Planning Commission Study Session, Task 3.3, Board of
Supervisors Study Session, Ongoing Project Management, Coordination Meetings, Invoicing,
Printing Materials and Reports, Travel Expenses and Transmittal Expenses as identified in the
Work Program, and acceptance of foresaid documents by the County.
(10) Contract Deliverable X shall consist of all work performed by the
Consultant to complete Task 6.1 Community Engagement with up to Five (5) Public
Workshops, Task 6.2 Disadvantaged Community Engagement with up to Two (2) Community
Workshops, Ongoing Project Management, Coordination Meetings, Invoicing, Printing
Materials and Reports, Travel Expenses and Transmittal Expenses as identified in the Work
Program, and acceptance of foresaid documents by the County.
(11) Contract Deliverable XI shall consist of all work performed by the
Consultant to complete Task 3.5 Zoning Ordinance Update Objective Design Standards for
Multifamily Housing, Ongoing Project Management, Coordination Meetings, Invoicing, Printing
Materials and Reports, Travel Expenses and Transmittal Expenses as identified in the Work
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Program, and acceptance of foresaid documents by the County.
(12) Contract Deliverable XII shall consist of all work performed by the
Consultant to complete Task 4.1 Draft and Final Notice of Preparation (28%), Task 4.2,
Scoping Meeting (58%), and progress on Task 4.3 Administrative Draft Program EIR (50%),
Ongoing Project Management, Coordination Meetings, Invoicing, Printing Materials and
Reports, Travel Expenses and Transmittal Expenses as identified in the Work Program and
acceptance of foresaid documents by the County.
(13) Contract Deliverable XIII shall consist of Task 4.3 Administrative
Draft Program EIR (50%), Task 4.4 Draft Program EIR, Ongoing Project Management,
Coordination Meetings, Invoicing, Printing Materials and Reports, Travel Expenses and
Transmittal Expenses as identified in the Work Program and acceptance of foresaid
documents by the County.
(14) Contract Deliverable XIV shall consist of Task 4.5 Response to
Comments, Task 4.6 Mitigation Monitoring and Reporting Program, Task 4.7 CEQA
Findings/Statement of Overriding Considerations, Task 5.1 Final PEIR, Ongoing Project
Management, Coordination Meetings, Invoicing, Printing Materials and Reports, Travel
Expenses and Transmittal Expenses as identified in the Work Program and acceptance of
foresaid documents by the County.
(15) Contract Deliverable XV shall consist of Task 5.2 Screencheck and
Final General Plan and Zoning Code, Task 5.3 Planning Commission Public Hearings (3),
Ongoing Project Management, Coordination Meetings, Invoicing, Printing Materials and
Reports, Travel Expenses and Transmittal Expenses as identified in the Work Program and
acceptance of foresaid documents by the County.
(16) Contract Deliverable XVI shall consist Task 5.4 Board of
Supervisors Public Hearings (3), Ongoing Project Management, Coordination Meetings,
Invoicing, Printing Materials and Reports, Travel Expenses and Transmittal Expenses as
identified in the Work Program and acceptance of foresaid documents by the County.
(17) Upon receipt of a proper invoice following acceptance of a Contract
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Deliverable, pursuant to 3.B the County will take a maximum of ten (10) calendar days to
review, approve and submit the invoice to the County Auditor-Controller/Treasurer-Tax
Collector. Invoices will be paid to the Consultant within forty-five (45) calendar days after
receipt of an approved invoice by the County Auditor-Controller/Treasurer Tax Collector. This
total sum shall be paid to the Consultant as follows:
(a) Contract Deliverable I
The first payment to the Consultant was made and consisted
of Seventy-Nine Thousand, One Hundred Eighty Dollars ($79,180.00). This amount is
approximately 7.9% of the total basic fee.
(b) Contract Deliverable II
The second payment to the Consultant was made and
consisted of Seventy-Nine Thousand, One Hundred Eighty Dollars ($79,180.00). This amount
is approximately 7.9% of the total basic fee.
(c) Contract Deliverable III
The third payment of the Consultant was made and
consisted of Seventy-Two Thousand, Nine Hundred Thirty-Two Dollars ($72,932.00). This
amount is approximately 7.3% of the total basic fee.
(d) Contract Deliverable IV
The fourth payment of the Consultant was made and
consisted of Ninety-Five Thousand, Two Hundred Ninety-Four Dollars ($95,294.00). This
amount is approximately 9.5% of the total basic fee.
(e) Contract Deliverable V
The fifth payment of the Consultant was made and consisted
of Forty-Five Thousand, Seven Hundred Twenty-Five Dollars ($45,725.00). This amount is
approximately 4.6% of the total basic fee.
(f) Contract Deliverable VI
The sixth payment of the Consultant shall consist of Forty-
Eight Thousand, Four Hundred Seventy-Nine Dollars ($48,479.00). This amount is
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approximately 4.8% of the total basic fee. The County shall make payment of the said amount
only after it has accepted Contract Deliverable VI, and receipt of a proper invoice pursuant to
3.B, above.
(g) Contract Deliverable VII
The seventh payment of the Consultant shall consist of
Thirty Thousand, Six Hundred Sixty-Three Dollars ($30,663.00). This amount is approximately
3.1% of the total basic fee. The County shall make payment of the said amount only after it
has accepted Contract Deliverable VII, and receipt of a proper invoice pursuant to 3.B, above.
(h) Contract Deliverable VIII
The eighth payment of the Consultant shall consist of Eleven
Thousand, Eighty-One Dollars ($11,081.00). This amount is approximately 1.1% of the total
basic fee. The County shall make payment of the said amount only after it has accepted
Contract Deliverable VIII, and receipt of a proper invoice pursuant to 3.B, above.
(i) Contract Deliverable IX
The ninth payment of the Consultant shall consist of Twenty
Thousand, Seven Hundred Sixty-Seven Dollars ($20,767.00). This amount is approximately
2.1% of the total basic fee. The County shall make payment of the said amount only after it
has accepted Contract Deliverable IX, and receipt of a proper invoice pursuant to 3.B, above.
(j) Contract Deliverable X
The tenth payment of the Consultant shall consist of
Seventy-Seven Thousand, Nine Hundred Ninety-Five Dollars ($77,995.00). This amount is
approximately 7.8% of the total basic fee. The County shall make payment of the said amount
only after it has accepted Contract Deliverable IX, and receipt of a proper invoice pursuant to
3.B, above.
(k) Contract Deliverable XI
The eleventh payment of the Consultant shall consist of
Twenty-Eight Thousand, Two Hundred Sixty-Seven Dollars ($28,267.00). This amount is
approximately 2.8% of the total basic fee. The County shall make payment of the said amount
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only after it has accepted Contract Deliverable XI, and receipt of a proper invoice pursuant to
3.B, above.
(l) Contract Deliverable XII
The twelfth payment of the Consultant shall consist of One
Hundred and Seven Thousand, Fifty-Nine Dollars ($107,059.00). This amount is
approximately 10.7% of the total basic fee. The County shall make payment of the said
amount only after it has accepted Contract Deliverable XII, and receipt of a proper invoice
pursuant to 3.B, above.
(m) Contract Deliverable XIII
The thirteenth payment of the Consultant shall consist of
One Hundred Thirty-Two Thousand, Sixteen Dollars ($132,016.00). This amount is
approximately 13.2% of the total basic fee. The County shall make payment of the said
amount only after it has accepted Contract Deliverable XIII, and receipt of a proper invoice
pursuant to 3.B, above.
(n) Contract Deliverable XIV
The fourteenth payment of the Consultant shall consist of
Eighty-Seven Thousand, Seven Hundred Five Dollars ($87,705.00). This amount is
approximately 8.7% of the total basic fee. The County shall make payment of the said amount
only after it has accepted Contract Deliverable XIV, and receipt of a proper invoice pursuant to
3.B, above.
(o) Contract Deliverable XV
The fifteenth payment of the Consultant shall consist of Fifty-
Six Thousand, Nine Hundred Thirty-Nine Dollars ($56,939.00). This amount is approximately
5.7% of the total basic fee. The County shall make payment of the said amount only after it
has accepted Contract Deliverable XV, and receipt of a proper invoice pursuant to 3.B, above.
(p) Contract Deliverable XVI
The sixteenth payment of the Consultant shall consist of
Twenty-Nine Thousand, Six Hundred Forty-Three Dollars ($29,643.00). This amount is
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approximately 3% of the total basic fee. The County shall make payment of the said amount
only after it has accepted Contract Deliverable XVI, and receipt of a proper invoice pursuant to
3.B, above.
C. Extra Services
(1) The parties understand that additional work, not reasonably
anticipated during the preparation of the Work Program proposal submitted by the Consultant
and approved by the County, may be necessary to complete the Draft and/or Final EIR. The
parties further understand that it is not possible to estimate accurately either the quantity or
quality of comments that will be received by the County during the public review period for the
Draft EIR. The parties agree that the County may authorize the Consultant to perform certain
necessary additional work as “Extra Services” pursuant to Exhibit “D” of this Agreement.
(2) The Extra Services which may be authorized are limited to those
subjects set forth in Exhibit "E", a copy of which is attached hereto and incorporated herein by
reference. The Consultant shall not perform any Extra Services without prior written
authorization from the Director or the Director’s designee. The total charge for all such Extra
Services shall not exceed the sum of the remaining balance of One Hundred Thousand,
Seventy-Five Dollars ($100,075.00) which is the remaining unexpended balance of the original
One Hundred Twenty-Five Thousand, Three Hundred and Fifty Dollars, ($125,350.00) for
Extra Services.
(3) Whether to authorize Extra Services is within the discretion of the
Director. Authorization may be granted only if additional information, further analysis or other
work is, in the reasoned opinion of the Director, required to complete the Draft or Final EIR or
related activities. However, if the services to be performed could reasonably have been
anticipated during the preparation of the Work Program proposal, as determined by the
Director, these services are not “Extra Services” and shall be performed by the Consultant
within the basic fee of this Agreement. Extra Services may be authorized if the Director
determines that the work proposed is beyond the approved Work Program and the approval of
the costs associated with the Extra Services is acceptable to the County. The Consultant shall
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confirm with the Director or the Director’s designee that the costs associated with the Extra
Service has been approved prior to the performance of the Extra Services work by the
Consultant.
D. Consultant to Bear Expenses
It is understood that the Consultant shall bear all expenses incidental to
the performance of its obligations under this Agreement.
4. Hold Harmless and Insurance
A. The Consultant shall hold the County, its Boards, Commissions, officers,
agents, and employees harmless and indemnify and, at County’s request, defend the County,
its Boards, Commissions, officers, agents and employees, against the payment of any and all
costs and expenses (including reasonable attorney fees and court costs), claims, losses,
damages, causes of action, lawsuits, and liability for bodily and personal injury to or death of
any person and for injury or loss of any property resulting from or arising out of or in any way
connected with any negligent or wrongful acts or omissions of the Consultant, its officers,
agents, and employees, in performing or failing to perform any work services or functions
provided for or referred to or in any way connected with any work, services or functions to be
performed under this Agreement and against the payment of any and all costs and expenses
(including reasonable attorney fees and court costs), claims, losses, damages, causes of
action, lawsuits and liability for bodily and personal injury to or death of any person and for
injury or loss of any property.
B. Without limiting the County’s right to obtain indemnification from the
Consultant or any third parties, the Consultant, at its sole expense, shall maintain in full force
and effect the following insurance policies throughout the term of this Agreement: (1)
Commercial General Liability Insurance with limits of not less than One-Million Dollars
($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This
policy shall be issued on a per occurrence basis. County may require specific coverages
including completed operations, products liability, contractual liability, Explosion-Collapse-
Underground, fire legal liability or any other liability insurance deemed necessary because of the
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nature of this contract; (2) Comprehensive Automobile Liability Insurance with limits for bodily
injury of not less than Two-Hundred Fifty-Thousand Dollars ($250,000.00) per person, Five-
Hundred- Thousand Dollars ($500,000.00) per accident and for property damages of not less
than Fifty-Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five-
Hundred-Thousand Dollars ($500,000.00). Coverage should include owned and non-owned
vehicles used in connection with this Agreement; (3) Professional Liability Insurance, if Consultant
employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services,
with limits of not less than One-Million Dollars ($1,000,000.00) per occurrence, Two-Million
Dollars ($2,000,000.00) annual aggregate; and (4) A policy of Worker's Compensation insurance
as may be required by the California Labor Code.
The general liability and automobile liability insurance policies shall name
the County, its officers, agents, and employees, individually and collectively, as additional
insured, but only insofar as the operations under this Agreement are concerned. Such
coverage for additional insured shall apply as primary insurance and any other insurance, or
self-insurance, maintained by the County, its officers, agents, and employees, shall be excess
only and not contributing with insurance provided under the Consultant’s policies herein. This
insurance shall not be canceled or changed without a minimum of thirty (30) days advance,
written notice given to County.
Prior to the commencement of performing its obligations under this
Agreement, the Consultant shall provide certificates of insurance on the foregoing policies, as
required herein, to the County’s Department of Public Works and Planning, stating that such
insurance coverages have been obtained and are in full force; that the County, its officers,
agents, and employees shall not be responsible for any premiums on the policies; that such
insurance (general liability and automobile liability only) names the County, its officers, agents,
and employees, individually and collectively, as additional insured, but only insofar as the
operations under this contract are concerned; that such coverages for additional insured shall
apply as primary insurance and any other insurance, or self-insurance, maintained by the
County, its officers, agents, and employees, shall be excess only and not contributing with
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insurance provided under the Consultant’s policies herein; and that this insurance shall not be
canceled or changed without a minimum thirty (30) days advance, written notice given to the
County.
In the event the Consultant fails to keep in effect at all times insurance
coverages as herein provided, the County may, in addition to other remedies it may have,
suspend or terminate this Agreement upon the occurrence of such event.
5. Breach and Termination
A. This Agreement may be immediately terminated by the County upon
written notice to the Consultant if the Consultant fails to comply with any or all of the terms of
this Agreement or the Applicant requests that the County discontinues processing the
Proposed Project. In no event shall any payment by the County constitute a waiver by the
County of any breach of this Agreement or any default which may then exist on the part of the
Consultant. The County’s termination of this Agreement due to the Consultant’s breach shall
not limit the rights of the County to seek other relief, including the recovery of damages.
B. If this Agreement is terminated as provided in this section, the Consultant
shall be compensated for satisfactorily-performed services completed to the date of
termination based upon the compensation rates set forth in the Work Program, and subject to
the total sum agreed to herein, together with such additional services satisfactorily performed
by the Consultant after termination which are authorized by the County to complete the work
performed to the date of termination.
C. If the Consultant terminates the Agreement for reasons other than material
breach by the County, the Consultant shall reimburse the County, up to a maximum of Twenty-
Thousand Dollars ($20,000) for the actual expenses of issuing a Request For Proposal,
engaging a new consultant, and paying the new consultant’s costs to become familiar with the
Consultant’s environmental documentation.
D. The County may immediately suspend or terminate this Agreement in
whole or in part, where in the determination of the County there is:
1. An illegal or improper use of funds;
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2. A failure to comply with any term of this Agreement;
3. A substantially incorrect or incomplete report submitted to the
County;
4. Inadequately performed services, as may be determined by
Director.
E. Without Cause – Under circumstances other than those set forth above,
this Agreement may be terminated by County upon the giving of thirty (30) days advance
written notice of an intention to terminate to Consultant.
6. Work Product
A. Any and all reports, studies, data, or other information, prepared or
assembled by the Consultant under this Agreement shall not be provided to any person,
association, corporation, or other organization during the term of this Agreement without the
prior written consent of the County.
B. The County shall have the unlimited authority to forever publish, disclose,
distribute and otherwise use throughout the world, in whole or in part, and allow others to do
so, any and all reports, studies, data, or other information prepared by the Consultant pursuant
to this Agreement.
C. All documents prepared or obtained by the Consultant shall become the
exclusive property of the County. Upon termination of this Agreement and prior to any
compensation received from the County for unpaid services, the Consultant shall surrender to
the County all work products created pursuant to this Agreement without any reservation of
rights therein. Consultant may retain such documents only for so long as the County
authorizes such work product to be retained to allow the completion of work as provided in
Subsection 5.B of this Agreement. Consultant may retain copies of any documents prepared
or obtained by the Consultant and designated as public records under the Public Records Act,
and such documents may be used by the Consultant in any manner after this Agreement has
been terminated.
D. The Consultant shall provide (submit, reproduce and distribute) a Draft
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Background Report, Final Background Report, Draft Policy Document Revision, Final Policy
Document Revision, Draft Program Environmental Impact Report with Draft Mitigation,
Monitoring and Reporting Program, Final Program Environmental Impact Report with Final
Mitigation, Monitoring and Reporting Program, appendices, exhibits and any additional
reference material in the quantities and format(s) as specified in the Work Program of this
agreement. The County will require that the Consultant provide documents in both Microsoft
Word Office 365 (or newer) and .pdf file formats.
7. Time of Performance
It is understood that weather and other factors beyond the Consultant’s control
may delay the completion of field work necessary for preparation of the EIR. The Consultant
will be allowed as many additional days as are necessary to compensate for days lost due to
inclement weather or delays resulting from actions by the County including but not limited to
changes in the project. If additional time is needed because of delay caused by factors
beyond the Consultant’s control, the Consultant shall request in a timely manner an extension
of time in writing. The granting of such an extension shall be at the discretion of the Director,
or the Director’s designee.
8. Independent Contractor
In performance of the work, duties, and obligations assumed by the Consultant
under this Agreement, it is mutually understood and agreed that the Consultant, including any
and all of the Consultant’s officers, agents and employees, will at all times be acting and
performing as an independent contractor, and shall act in an independent capacity and not as
an officer, agent, servant, employee, joint venture, partner or associate of the County.
Furthermore, the County shall have no right to control or supervise or direct the manner or
method by which the Consultant shall perform its works and function. However, the County
shall retain the right to administer this Agreement so as to verify that the Consultant is
performing its obligations in accordance with the terms and conditions thereof. The Consultant
and the County shall comply with all applicable provisions of law and the rules and regulations,
if any, of Governmental authorities having jurisdiction over matters the subject thereof.
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Because of its status as an independent contractor, the Consultant shall have
absolutely no right to any and all employment rights and benefits available to County
employees. The Consultant shall be solely liable and responsible for providing to, or on behalf
of its employees, all legally-required employees benefits. In addition, the Consultant shall be
solely responsible and save the County harmless from all matters relating to payment of the
Consultant’s employees, including compliance with Social Security withholding, and all other
regulations governing such matters. It is acknowledged that during the term of this Agreement,
Consultant may be providing services to others unrelated to the County or to this Agreement.
9. Conflict of Interest
The Consultant, Sub-consultants and Consultant’s employees shall adhere to the
Conflict of Interest Code of the Department of Public Works and Planning, which is attached
hereto and as Exhibit “F” and incorporated herein by reference.
10. Governing Law
The rights and obligations of the parties and all interpretations and performance
of this Agreement shall be governed in all respects by the laws of the State of California.
Any controversy or claim arising out of or relating to this Agreement which cannot
be amicably settled without court action shall be litigated either in a state court for Fresno
County, California or in the U.S. District Court for the Eastern District of California located in
Fresno County, California.
11. Amendments
Any changes to this Agreement requested either by the County or the Consultant
may only be affected if mutually agreed upon in writing by duly authorized representatives of
the parties hereto. This Agreement shall not be modified or amended or any rights of a party
to it waived except by such writing.
12. Compliance with Laws
The Consultant shall comply with all Federal, State, and local laws, ordinances,
regulations, and Fresno County Charter provisions applicable in the performance of its
services.
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13. Audits and Inspections
The Consultant shall at any time during business hours, and as often as the
County may deem necessary, make available to the County for examination all of its records
and data with respect to the matters covered by this Agreement. The Consultant shall, upon
request by the County, permit the County to audit and inspect all of such records and data
necessary to ensure the Consultant’s compliance with the terms of this Agreement.
If this Agreement exceeds Ten-Thousand Dollars ($10,000.00), the Consultant
shall be subject to the examination and audit of the Auditor General for a period of three (3)
years after final payment under contract (Government Code Section 8546.7).
14. Maintain and Provide Administrative Record
The Consultant shall prepare and assemble the Administrative Record and
furnish it to the County after the Notice of Determination, and the Findings and Statement of
Overriding Consideration, are filed with the County Clerk Officer. The Administrative Record is
the entirety of the information relied upon to prepare the EIR. The Administrative Record is
inclusive of all information and analyses either generated or obtained from other sources, or
used to support documentation and analyses. A complete Administrative Record is the
entirety of the information relied upon within the Consultant's possession, plus all information in
other locations listed in the references. Information listed in the references at other locations
does not have to be included. The Consultant shall organize the information comprising the
Administrative Record as an accessible file, indexed by topic to the extent possible, and submit
this record to County.
15. Contract Administration
The Consultant shall notify its appropriate employees of the individual whom the
County designates as the County Contract Administrator for this EIR. All routine
correspondence and telecommunications related to Contract performance and related issues
should be addressed as follows:
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Chris Motta, Principal Planner Department of Public Works and Planning Development Services Division 2220 Tulare Street, 6th floor Fresno, CA 93721 Phone: (559) 600-4497
Fax: (559) 600-4200 e-mail: cmotta@fresnocountyca.gov 16. Entire Agreement
This Agreement constitutes the entire agreement between the Consultant and
County with respect to the subject matter hereof and supersedes all previous negotiations,
proposals, commitments, writing, advertisements, publications, and understandings of any
nature whatsoever unless expressly included in this Agreement, including the Original
Agreement.
17. Construction of Agreement
In the event of any inconsistency between this Agreement and the
Exhibits attached to and incorporated by referenced herein, such inconsistency shall be
resolved by giving precedence in the following order of priority: (1) to the text of this
Agreement; (2) then to Exhibit “A”; (3) then to the Work Program Exhibits “B-1” through “D”; (4)
then to Exhibit “E”; (5) then to Exhibit “F”; and (6) then to Exhibit “G.
18. Notices
Except as otherwise provided herein, the persons and their addresses having
authority to give and receive notices under this Agreement include the following:
COUNTY:
Steven E. White, Director Department of Public Works and Planning 2220 Tulare Street, Sixth Floor Fresno, CA 93721 Attn: Manager of Development Services and Capital Projects CONSULTANT:
Jim Harnish, Principal/Owner 1415 20th Street Sacramento, CA 95811 PH # (916) 446-0522
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Any and all notices between the County and the Consultant provided for or
permitted under this Agreement or by law shall be in writing and shall be deemed duly served
when personally delivered to one of the parties, or in lieu of such personal service, when
deposited in the United States Mail, postage prepaid, addressed to such party.
19. Non-Assignment
Neither party shall assign, transfer or sub-contract this Agreement nor their rights
or duties under this Agreement without the written consent of the other party.
20. Consultant’s Legal Authority
Each individual executing or attesting this Agreement on behalf of the Consultant
hereby covenants, warrants, and represents: (i) that he or she is duly authorized to execute or
attest and deliver this Agreement on behalf of the Consultant’s Corporation; and (ii) that this
Agreement is binding upon such Corporation.
21. Binding Upon Successors
This Agreement shall be binding upon and inure to the benefit of the parties and
their respective successors in interest, assigns, legal representatives, and heirs.
22. Disclosure of Self-Dealing Transactions
This provision is only applicable if the Consultant is operating as a corporation (a
for-profit or non-profit corporation) or if during the term of this Agreement, the Consultant
changes its status to operate as a corporation.
Members of the Consultant’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while Consultant is providing goods or performing services
under this Agreement. A self-dealing transaction shall mean a transaction to which the
Consultant is a party and in which one or more of its directors has a material financial interest.
Members of the Board of Directors shall disclose any self-dealing transactions that they are a
party to by completing and signing a Self-Dealing Transaction Disclosure Form, which is
attached hereto and as Exhibit “G” and incorporated herein by reference and submitting it to
the County prior to commencing with the self-dealing transaction or immediately thereafter.
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23. Term of Agreement
This Agreement shall become effective upon Execution Date and shall terminate
following final payment under the Agreement, unless otherwise terminated as provided herein.
[Signature page follows.]
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1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
2 as of the day and year first above written.
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4 CONSULT ANT:
5 MINTIER ARNISH , LP
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7 BY: -::--~•ffl~"f-:--:-:-=---
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1° FEDERAL ID No.:2&-3 {pS 62.33>
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ORG. NO .: 2540 13 SUBCLASS NO .: 10000
14 FUND NO.: 0001
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ACCOUNT NO.: 7295
COUNTY OF FRESNO:
BY:-~ ~~e ~
Ernest BuddyMendes,Chairman of the
Board of Supervisors of the County of
Fresno
ATTEST:
BERNICE E. SEIDEL
Clerk of the Board of Supervisors
County of Fresno, State of California
BY: tj\,.:.,o ·, ~
Deputy
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EXHIBIT A
Revised Project Description
The County of Fresno is conducting a Review of its 2000 General Plan and is initiating
a comprehensive update to its Zoning Ordinance. The County, with assistance from
Mintier Harnish, has prepared preliminary revisions to the goals, policies, and
implementation programs of the General Plan and published a Public Review Draft
Policy Document. The County has also prepared, with the assistance of Mintier Harnish
and Jacobson & Wack, an Administrative Draft Zoning Ordinance.
The County is expanding the current General Plan and Zoning Ordinance Update
process to address recent policy directions provided by the Board of Supervisors, State
planning laws and update the 2000 General Plan Background Report, prepare a
Program Environmental Impact Report (PEIR), and conduct additional public meetings
with the Planning Commission and Board of Supervisors. The General Plan Review will
extend the planning period for the General Plan beyond its current planning horizon of
2020 to 2040. The Background Report will be updated to reflect current conditions and
trends and to address required State planning laws and serve as the existing setting
section of the PEIR. The PEIR will be prepared for the General Plan Update and
Zoning Ordinance Update.
July 31, 2015
Draft July 31, 2015 Page 1
EXHIBIT B-1
FRESNO COUNTY
GENERAL PLAN REVIEW, ZONING ORDINANCE UPDATE, AND PEIR
ORIGINAL SCOPE OF WORK
Phase 1: Background Report Preparation
Task 1.1 Administrative Draft Background Report
The Consultants will prepare an administrative draft General Plan Background Report for review by County
staff. The Background Report will address the requirements of State General Plan law, and serve as the
existing conditions section of the Program EIR (see Phase 4). While the Consultants will reference the
existing 2000 General Plan Background Report as a part of this task, the Consultants assume that the draft
Background Report will be prepared as a new document.
The Background Report will include maps, graphics (e.g., charts, graphs), and photographs to illustrate trends
and make information easy to understand. Each topic area of the report will be organized as follows:
• Introduction to the topic area, its planning implications, and why it is important to Fresno
County.
• Findings of the information as it relates to Fresno County’s present and future.
• Regulatory Setting that governs the topics discussed.
• Existing Setting that describes on-the-ground conditions in and around Fresno County.
• Key Terms to be familiar within the context of planning and the General Plan.
• References for documents, data, and individuals sourced.
The Background Report for Fresno County will cover, at a minimum, the following topics:
• Demographics and Employment
o Population and Household Trends
o Employment and Industry Trends
o Population and Employment Projections
• Land Use and Community Character
o Planning Boundaries
o Annexation and Development Trends
o Existing Land Use
o General Plan and Community Plan Land Use Designations
o Existing Zoning
o Development Capacity
o City Land Use Plans
o Other Agency Plans
o Military Institutions and Installations (SB 1468)
o Disadvantaged Unincorporated Communities (SB 244)
• Housing (see existing Housing Element)
• Transportation and Mobility
o Roadways and Functional Classifications
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 1: Draft Scope of Work
August 6, 2015 Page 2
o Existing Level of Service (LOS) on up to 100 road segments based on daily traffic volumes
(no new traffic counts are included in this scope of work)
o Existing Vehicle Miles of Travel (VMT) on State and Local roads
o Bikeways and Trails
o Pedestrian Facilities
o Transit Service (Local and Intercity Bus/Rail)
o Goods Movement (Truck/Rail)
o Aviation Facilities and Service
o Transportation Demand/System Management
o Programmed Transportation Improvements
• Public Facilities, Services, and Infrastructure
o Water Supply, Treatment, and Delivery
o Wastewater Collection and Treatment
o Storm Drainage and Flood Protection
o Solid and Hazardous Waste Disposal and Recycling
o Utilities and Major Utility Corridors (gas, electric)
o Telecommunications
o Law Enforcement
o Fire Protection
o Emergency Services
o Medical Services
o Schools and Childcare
o County Services
• Natural Resources
o Water Resources (groundwater, surface water)
o Air Quality
o Biological
o Habitat/Wildlife Corridors
o Agriculture
o Open Space
o Scenic Resources
o Recreation
o Mineral Resources
o Renewable Energy Resources
o Oil and Gas Resources
o Cultural and Paleontological Resources
• Hazards and Safety
o Seismic and Geologic
o Flood Hazards (AB 162/SB 5)
o Fire Hazards
o Aviation Hazards
o Hazardous Materials
• Climate Change
o Greenhouse Gas Emissions Inventory
o Greenhouse Gas Forecasts and Reductions
o Climate Change Effects and Impacts
o Regional and Local Climate Action Plans and Programs
• Noise
o Ground Transportation
o Aircraft
o Non-transportation sources
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 1: Draft Scope of Work
August 6, 2015 Page 3
Task 1.2 Public Review Draft Background Report
Based on comments from County staff, the Consultants will prepare the public review draft Background
Report. The public review draft Background Report will be prepared in conjunction with revisions to the
draft Policy Document. The Consultants assume that the public review draft Background Report will be
published at the same time as the public review draft Policy Document (Phase 2).
Phase 2: Policy Document Revision
Task 2.1 Administrative Draft Policy Document Revisions
The Consultants will revise the existing draft General Plan Policy Document (September 2014) based on
public comments provided to the County, to address State Planning Law (e.g., Flood Risk [AB162/SB5],
Complete Streets [AB 1358], Military Facilities [SB 1468, SB 926], Air Quality [AB 170], and Groundwater
[SGMA]), and to reflect a revised planning horizon (e.g., 2040). The Policy Document will also be prepared as
the County’s qualified plan for the reduction of greenhouse gas emissions pursuant to CEQA Guidelines
Section 15183.5(b).
The Consultants will prepare an administrative draft General Plan Policy Document for review by County
staff. The Policy Document will be updated using Microsoft Word track changes to show how the document
is being revised. The Consultants will work with County staff to collect, address, and respond to public
comments.
Task 2.2 Public Review Draft Policy Document Revisions
Based on comments from County staff, the Consultants will update the draft Policy Document and prepare
the Public Review Draft Policy Document. The Policy Document will be prepared in conjunction with
revisions to the draft Background Report. The Consultants assume that the public review draft Policy
Document will be published at the same time as the public review draft Background Report (Phase 2).
Phase 3: Draft General Plan and Zoning Ordinance Public Review
Task 3.1 Public Review and Referrals
The Consultants will work with County staff to publish the public review draft General Plan (i.e., Background
Report and Policy Document) and the public review draft Zoning Ordinance. The Consultants will provide
the draft documents to the County in PDF format for posting to the County’s website. If desired by the
County, the Consultants will prepare and publish an e-Blast notifying the public that the documents are
available for review. The Consultants assume the County will provide a list of email contacts.
State law requires consultation with a variety of Federal, State, regional, and local agencies whenever a
jurisdiction updates or amends its general plan (e.g., Central Valley Flood Protection Board, Native American
Tribes, Military Branches). These statutes are located throughout the Government Code and have varying
requirements for when draft and final documents must be submitted for review and how long agencies have
to review and provide comments. The Consultants will provide to the County a checklist of agency
consultation requirements to ensure the County provides the draft General Plan to the appropriate agencies.
Task 3.2 Planning Commission Study Session
The Consultants will facilitate three study sessions with the Planning Commission to review the public review
draft Background Report, Policy Document and Zoning Ordinance. The Consultants will present the major
findings from the Background Report, proposed changes to the Policy Document, and new Zoning
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 1: Draft Scope of Work
August 6, 2015 Page 4
Ordinance. Following the presentation, the Consultants will facilitate a discussion with the Planning
Commission, answer questions, and solicit comments on the draft documents for consideration by the Board
of Supervisors. The Consultants will prepare a draft staff report for County staff review and use.
Task 3.3 Board of Supervisors Study Session
The Consultants will facilitate three study sessions with the Board of Supervisors to review the public review
draft Background Report, Policy Document, and Zoning Ordinance. The Consultants will present the major
findings from the Background Report, proposed changes to the Policy Document, the new Zoning
Ordinance, and any comments provided by the Planning Commission and the public. Following the
presentation, the Consultants will facilitate a discussion with the Board of Supervisors, answer questions, and
solicit direction on the draft documents. The Consultants assume that the Board of Supervisors will direct
County staff and the Consultants to revise the documents, as necessary, and conduct required CEQA
analysis. The Consultants will prepare a draft staff report for County staff review and use.
Task 3.4 Revised Draft General Plan and Zoning Ordinance
Based on direction from the Board of Supervisors, the Consultants will revise the draft General Plan and
Zoning Ordinance for CEQA analysis (Phase 4).
Phase 4: Environmental Review
Task 4.1 Notice of Preparation
The Consultants will develop a project description and prepare a draft Notice of Preparation (NOP) pursuant
to CEQA Guidelines and submit a draft NOP to County staff for review. Based on County staff comments
the Consultants will prepare the final NOP for distribution. The Consultants assume the County will develop
a list of contacts to receive the NOP and will be responsible for distributing the NOP. The Consultants will
send the NOP to the State Clearinghouse.
Task 4.2 Scoping Meeting
The Consultants will facilitate a public scoping meeting associated with the release of the NOP. The Scoping
Meeting should be held during the 30-day NOP period to introduce the community and interested agencies
to provide an overview of the Program Environmental Impact Report (PEIR) process and obtain input on
the PEIR scope of work. The Scoping Meeting will include a presentation with graphic imagery, followed by
the formal recordation of input from meeting attendees. The Consultants assume the County will be
responsible for noticing the meeting and booking the venue.
The Consultants will summarize all input gathered during the Scoping Meeting and during the 30-day NOP
review period. The Consultants assume that County staff will be the point of contact responsible for
gathering public comments outside of the Scoping Meeting.
Task 4.3 Administrative Draft Program PEIR
Using the information gathered as part of the Background Report and comments on the NOP, the
Consultants will prepare an Administrative Draft Program EIR (ADPEIR) in accordance with CEQA. The
ADPEIR will be based on the project description approved by County staff. The description of the
environmental and regulatory setting for the General Plan and Zoning Ordinance will be based on the draft
Background Report. Each topical section will be introduced with a brief statement of its context in the
ADPEIR and the development of the draft General Plan and Zoning Ordinance. This effort may include
interpretive information for the reader to better understand how the draft General Plan and Zoning
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 1: Draft Scope of Work
August 6, 2015 Page 5
Ordinance affect the environment, as well as the source of data used in each environmental section.
Thresholds of significance may be presented after the introduction and either list the particular CEQA
Guidelines threshold, an existing regulatory standard, or a standard to be adopted by the County.
The setting of the environmental analysis, which should be largely based on the Background Report, will
summarize and reference the relevant technical studies to prepare the groundwork for impact analysis and
recommended mitigation measures. The number of impacts to be analyzed and the depth of analysis will be a
function of the responses to the NOP and staff direction based on current needs. Impacts will be identified
and mitigation measures will be prepared to reduce significant impacts to a less-than-significant level, when
feasible. For each potentially significant impact identified in the ADPEIR, the Consultants will identify
mitigation measures or policy statements proposed by the County as part of the project to avoid or reduce
identified impacts. Mitigation measures will be constructed as policy statements or implementation programs
to facilitate incorporation into the General Plan or regulations in the Zoning Ordinance.
In order to prepare an ADPEIR that meets the needs of the County and the requirements of State law, the
ADPEIR will comprise the following sections:
Introduction. The ADPEIR will contain an introductory chapter that summarizes CEQA
requirements, provides a synopsis of the project description and background for the General Plan
project itself, and identifies the County’s objectives in undertaking the plan. The introduction of the
ADPEIR will describe the purpose of the ADPEIR, identify the scope of issues to be addressed, and
present the organization of the report. This chapter will include a glossary that defines the technical
terms to be used throughout the report.
Executive Summary. This section will provide a summary of the entire ADPEIR and include the
following: a discussion of the project’s objectives; a brief description of the project; a summary of the
environmental setting for the Planning Area; a summary of impacts; a summary of mitigation
measures (mitigating policies and programs); and a discussion of alternatives considered, areas of
controversy, and issues remaining to be resolved.
Project Description and Environmental Setting. The ADPEIR Project Description will contain
the County’s objectives for the draft General Plan and Zoning Ordinance, a summary of goals,
policies, programs, development regulations, boundaries, existing conditions, and proposed land
uses, and existing conditions. The information will be described in text, tabular, and graphic forms
(maps and diagrams). Information from the technical studies should be used as the project’s
environmental setting.
Analysis, Impacts, and Mitigation Measures. Building on the existing setting information, the
Consultants will develop a set of impact criteria and thresholds that will be used to assess impact
significance. Analysis of impacts to be potentially significant includes four main components:
o Setting (description of current conditions with respect to the issue in question, including
the existing regulatory environment)
o Impact analysis (discussion of potentially significant effects of the proposed project;
impacts are typically compared to established “thresholds of significance”)
o Programmatic mitigation measures (methods by which significant effects can be reduced
or eliminated)
o Level of significance after mitigation (discussion of whether or not proposed mitigation
measures reduce impacts to below the adopted significance threshold)
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 1: Draft Scope of Work
August 6, 2015 Page 6
Transportation and Circulation Analysis. The transportation and circulation analysis will include the
following impact areas:
• Traffic changes as measured by VMT
• Road segment level of service relative to Congestion Management Program standards
• Air traffic levels and safety
• Hazards due to design features or incompatible uses
• Emergency access
• Conflicts with adopted policies, plans, or programs supporting alternative transportation,
including transit service, bicycle travel and pedestrian travel.
The Consultants will evaluate traffic changes related to the Fresno County General Plan using the
Fresno County travel demand model maintained by the Fresno Council of Governments (FCOG).
Future forecasts will be based on the 2040 travel model scenario representing the FCOG RTP
Sustainable Communities Strategy (SCS) adopted in June 2014. The Consultants will review and
verify the assumptions for land uses, road improvements and transit service within unincorporated
areas of Fresno County. As appropriate, the Consultants will make revisions to the input
assumptions to represent current Fresno County plans and programs, update the 2040 model
forecasts , and output the appropriate traffic volumes and transportation system performance
measures. Results from the travel model will include VMT and daily traffic volumes on specific study
segments. The Consultants assume that the RTP/SCS assumptions for 2040 within the incorporated
communities and city spheres of influence will be maintained for this EIR.
The VMT analysis will consider state routes and local roads. The VMT generated by three different
subareas of Fresno County will be tabulated for the base year and 2040 future year:
• Incorporated cities
• Currently unincorporated areas within city spheres of influence
• Unincorporated areas outside city spheres of influence
The Consultants will conduct level of service (LOS) analysis on up to 100 road segments using daily
traffic volumes compared to volume thresholds for each type of road: freeway, multi-lane rural
highway, two-lane rural highway, or urban streets (arterials and collectors). Level of service
thresholds for each road type will be based on the 2010 Highway Capacity Manual, highway capacity
planning methods as compiled by the Florida Department of Transportation, and Fresno County
standards.
The Consultants will adjust future traffic volume forecasts for model validation errors based on a
comparison of base year travel model results to actual traffic counts. The recommended procedure
will take the average of two adjusted forecasts, one using the incremental traffic growth between the
base year model and the future year model and adding the increment to the observed traffic count,
and the second taking the ratio of the future year model volume to the base year model volume and
applying that ratio to the observed traffic count. This adjustment procedure is consistent with
recommendations in National Cooperative Highway Research Program (NCHRP) Report 255.
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 1: Draft Scope of Work
August 6, 2015 Page 7
The analyses of air travel, transit, bicycle travel, pedestrians and goods movement will not include
quantitative analysis of individual facilities. The evaluation will be based on the overall impacts of
projected growth on these modes of travel and the relevant General Plan policies that address each
issue area.
Alternatives Analysis. A range of alternatives will be considered in the ADPEIR. In addition to the
“No-Project” Alternative, other alternatives that consider differing land use patterns or densities in
areas of the county warranting special study. The alternatives evaluation may also be used to test
circulation facility alternatives. This section will also identify the “environmentally superior
alternative.” If the “no project – no building” alternative is determined to be environmentally
superior, the ADPEIR will identify the environmentally superior alternative among the remaining
scenarios.
Cumulative Impacts. The ADPEIR will evaluate cumulative impacts based on planning documents
for the Planning Area and other regional documentation as relevant. The contribution of the
proposed project to the overall cumulative impact will also be estimated and discussed.
Other CEQA Sections. The Consultants will provide, in addition to the sections discussed above,
all other required CEQA sections (e.g., areas of controversy, significant unavoidable impacts).
Task 4.4 Draft Program EIR
Following internal County staff comments on the ADPEIR, the Consultants will incorporate appropriate
revisions to the ADPEIR, and prepare a Screencheck Draft PEIR for final internal review. The Consultants
will prepare the Public Review Draft PEIR (DPEIR) for public circulation, and distribute the DPEIR to the
State Clearinghouse, responsible agencies, and interested agencies, organizations, and persons. The DPEIR
will be circulated for at least a 45-day public review period. The Consultants assume the County will be
responsible for sending the DPEIR to the County Clerk and for all necessary noticing.
Task 4.5 Response to Comments
The Consultants will prepare draft Response to Comments. As part of preparing the responses, the
Consultants will conduct internal County staff meetings to discuss comment responses. Following internal
comments on the draft responses, the Consultants will prepare the final Responses to Comments.
Task 4.6 Mitigation, Monitoring, and Reporting Program
Concurrent with the Responses to Comments report, the Consultants will prepare a Mitigation Monitoring
and Reporting Plan, which should be included in the Final PEIR.
Phase 5: Final Documents and Adoption
Task 5.1 Final PEIR
The Consultants will prepare the Final PEIR after receipt of all written comments received during the review
period. The Final PEIR will consist of the comments, responses, and corrections to the Draft PEIR, if any
are warranted. The Consultants will prepare a screencheck Final PEIR for internal County staff review and
confirmation. Within one day of PEIR certification and project approval, the Consultants will submit the
Notice of Determination (NOD) to the County Clerk and/or State Clearinghouse. The Consultants assume
the County will be responsible for payment of California Department of Fish and Wildlife fees.
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 1: Draft Scope of Work
August 6, 2015 Page 8
Task 5.2 Screencheck and Final General Plan and Zoning Ordinance
Based on the results of the CEQA Analysis, the Consultants will make revisions to the draft General Plan and
draft Zoning Ordinance and prepare the final screencheck General Plan and final screencheck Zoning
Ordinance. The Consultants will submit the final screencheck documents to County staff for review. The
Consultants assume that this review will not include any substantive comments or changes. Based on County
staff comments, the Consultants will prepare the final General Plan and final Zoning Ordinance for adoption.
Task 5.3 Planning Commission Public Hearings (3)
The Consultants will attend and participate in up to three (3) Planning Commission hearings to solicit
comments and recommendations on the draft General Plan and Zoning Ordinance for a recommendation to
the Board of Supervisors to adopt the General Plan and Zoning Ordinance and certify the PEIR. The
Consultants will provide support at the Planning Commission hearings by being available to answer questions
about proposed provisions and discuss possible changes for consideration by the Board of Supervisors. The
Consultants will work with County staff to prepare a list of Planning Commission comments and
recommendations to present to the Board of Supervisors. The Consultants will prepare a draft staff report for
County staff review and use.
The Consultants assume that at least two Consultant team members will attend each of the Planning
Commission hearings. If desired by the County, the Consultants will attend additional hearings on a time-and
-expenses basis.
Task 5.4 Board of Supervisors Public Hearings (3)
The Consultants will attend and participate in up to three (3) Board of Supervisors hearings to review
Planning Commission comments and recommendations; solicit final comments and recommendations; certify
the PEIR, and adopt the General Plan and Zoning Ordinance. The Consultants will provide support at the
Board of Supervisors hearings by being available to answer questions about proposed provisions and discuss
possible changes. The Consultants will work with County staff to prepare revised language based on the
Board of Supervisors comments and recommendations for consideration at later hearings as needed.
The Consultants assume that at least two Consultant team members will attend each of the Board of
Supervisors hearings. If desired by the County, the Consultants will attend additional hearings on a time-and -
expenses basis. The Consultants will prepare a draft staff report for County staff review and use.
February 7, 2020 Page 1
EXHBIT B-2
FRESNO COUNTY
GENERAL PLAN REVIEW, ZONING ORDINANCE UPDATE, AND PEIR
AMENDMENT 2: SCOPE OF WORK ADDITIONS
The following Scope of Work augments and updates the Scope of Work included in Amendment 1 dated
October 13, 2015. This Scope of Work is additive and does not replace the Scope of Work from
Amendment 1. The phase and task numbering used below builds upon the numbering in Amendment 1.
Modifications and additions included below are designed to update work components to meet current State
law requirements and to update information that would be considered out-of-date for purposes of producing
a legally adequate Environmental Impact Report (EIR) for the General Plan and Zoning Ordinance update.
If the following Scope of Work modifies a task in Amendment 1, the same task number is shown with the
term “Revised” in the task name. If this Scope of Work includes a new task, the new work is assigned a new
task number, therefore, some numbering may be skipped.
Phase 1 Background Report Preparation
Task 1.1 Administrative Draft Background Report
Work under this task from Amendment 1 is complete. See Tasks 1.3 – 1.7 for updates.
Task 1.2 Public Review Draft Background Report
Work under this task from Amendment 1 is complete. See Tasks 1.3 – 1.7 for updates.
Task 1.3 Administrative Draft Background Report (New: Planning Modifications)
Environmental Justice (SB 1000, AB 1628)
Revise Background Data – Environmental Justice
Mintier Harnish will revise the background information that characterizes and define disadvantaged
communities. We will revisit CalEnviroScreen 3.0 to determine whether additional communities should be
identified as disadvantaged for the purposes of environmental justice considerations.
Task 1.4 Ad ministrative Draft Background Report (New: Environmental Modifications)
Due to the time that has elapsed since the Consultants started work on the Administrative Draft EIR (last
worked on in the Fall of 2018), revisions will need to be made to review and update the existing conditions in
the background report. The Consultants will review if there is more updated data available and if so, will
make revisions to Chapter 7: Natural Resources and Chapter 8: Hazards and Safety in the following areas
(please note this data will also be updated in the individual EIR sections as well):
Chapter 7: Natural Resources
7.1 Water Resources and Water Quality
Surface Water: water supply data (currently listing data from the 2014-2015 water year)
Groundwater: water supply data, data contained in the groundwater sustainability plan needed
Water Quality: data is from 2012
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 2: Scope of Work
February 7, 2020 Page 2
7.2 Air Quality
Fresno County Emissions Inventory: data is from 2012
Existing Air Quality: data is for years between 2012 and 2014
7.3 Biological Resources
Updated CNDDB report for plants and animals: data is from 2016
Updated wetlands map
Updated critical habitat map
7.4 Agricultural Resources
Important Farmland in Fresno County: data is from 2014
Protected agricultural lands in Fresno County (Williamson Act): data is from 2016
Top ranked crops in Fresno County: data is from 2014
7.7 Recreation
Parks and Recreation Facilities in Fresno County: data from 2016
7.8 Mineral Resources
Current Mineral Resource Sites: data from 2016
7.9 Energy Resources
Oil and Gas Wells: data from 2016
Solar: data from 2016
Update all renewable energy data
7.10 Cultural and Paleontological Resources
Verify list of cultural resources: data from 2015
Chapter 8: Hazards and Safety
8.2 Flood Hazards
Update flood hazard maps/data: from 2016
8.5 Hazardous Materials
Hazardous Materials production and disposal: update data from 2016
Climate Change
9.2 Climate Change Effects and Impacts
Average temperatures in Fresno: data from 2016
Task 1.5 Administrative Draft Background Report (New: Mobility Modifications)
Based upon review of existing condition from previous effort, several tables and text descriptions need to be
updated in order to be current and to comply with general acceptance of data. In general, data more than 3
years old will be updated in order to be defensible under CEQA review. These efforts include updating:
Roadway inventory traffic counts and associated analysis (vehicles and heavy-duty trucks)
Maintained mileage/VMT
New HCM 6 analysis
American Community Service survey results
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 2: Scope of Work
February 7, 2020 Page 3
Calculation of LOS for roadway and freeway facilities
Collision Data
Transit times/fares/schedules
Incorporation of recent ATP document
Fresno COG RTIP/STIP/FTIP projects
It is assumed that Fresno County and Caltans will share existing traffic count information through their HPMS
or regular counting program for recent data (2014 through 2018), and that the data available will be
adequate for this analysis.
Task 1.6 Revised Administrative Draft Background Report (New)
The Consultants will prepare an updated administrative draft General Plan Background Report, based on the
updates identified above, for review by County staff. The Background Report will address the requirements of
State General Plan law and serve as the existing conditions section of the Program EIR (see Phase 4).
Task 1.7 Revised Public Review Draft Background Report (New)
Based on comments from County staff, the Consultants will prepare the revised public review draft
Background Report. It is assumed that County comments will be limited to revisions made as part of
Amendment 2 work on the Background Report.
Phase 2 Policy Document Revision
Task 2.1 Administrative Draft Policy Document Revisions
Work under this task from Amendment 1 is complete. See Tasks 2.3 – 2.5 for updates.
Task 2.2 Public Review Draft Policy Document Revisions
Work under this task from Amendment 1 is complete. See Tasks 2.3 – 2.5 for updates.
Task 2.3 Policy Revisions (New)
Policy Revisions – Environmental Justice
Mintier Harnish will prepare revised environmental Justice goals, policies, and implementation programs to
address the issues in the identified disadvantaged communities including, but not limited to: the reduction of
pollution exposure, including the improvement of air quality; the promotion of public amenities, food access,
healthier homes, and physical activity; and community engagement in the decision-making process. We will
also identify other policies and programs throughout the Policy Document that address environmental justice
issues.
Policy Revisions – Safety Element; Adaptation and Resiliency (SB 379, SB 1035, AB 747, SB 99)
The new laws require all cities and counties to include climate adaptation and resiliency strategies in the
safety elements of their general plans upon the next revision beginning January 1, 2017. The safety Element
must also identify evacuation routes and their capacity, safety, and viability under a range of emergency
scenarios, including residential developments in hazard areas that do not have at least two emergency
evacuation routes.
Policy Revisions – Update Safety Element
Mintier Harnish will update the Safety Element to incorporate the goals, objectives, policies, and mitigation
strategies from the Fresno County Hazard Mitigation Plan and assure consistency with state law.
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 2: Scope of Work
February 7, 2020 Page 4
Task 2.4 Administrative Draft Policy Document Revisions (New)
The Consultants will prepare an updated administrative Policy Document, based on the updates identified
above, for review by County staff.
Task 2.5 Public Review Draft Policy Document Revisions (New)
Based on comments from County staff, the Consultants will prepare the revised public review draft Policy
Document. It is assumed that County comments will be limited to revisions made as part of Amendment 2
work on the Policy Document.
Phase 3 Draft General Plan and Zoning Ordinance Public Review
Task 3.1 Public Review and Referrals (Revised)
Work under this task from Amendment 1 is complete. As part of Amendment 2, budget has been added to
redo this task based upon the updated draft General Plan and Zoning Ordinance. See Task 3.5 for updates to
the Zoning Ordinance that will be incorporated during this task. It is assumed that County comments will be
limited to revisions made as part of Amendment 2 work on the General Plan and Zoning Ordinance.
Task 3.2 Planning Commission Study Session
Work under this task from Amendment 1 remains to be performed.
Task 3.3 Board of Supervisors Study Session
Work under this task from Amendment 1 remains to be performed.
Task 3.4 Revised Draft General Plan and Zoning Ordinance
Work under this task from Amendment 1 remains to be performed.
Task 3.5 Zoning Ordinance Update (New)
Based on changes to State law, modifications to the following Zoning Ordinance work will be accomplished to
address the items listed under this task.
Objective Design Standards
State law (SB 35, AB 3194, AB 139) requires local government to include provisions in their zoning code to
allow by-right approval of multifamily housing. The provisions must include objective design and
development standards that are not subject to discretionary review.
The Consultants will review existing relevant County regulations and guidelines, including multifamily
development standards, design guidelines, typical conditions of approval for discretionary multifamily
development projects, parking and density standards, and other provisions related to housing development
(i.e., maximum allowable height, setbacks, minimum site area). We will identify opportunities for changes
that could result in the increased production of multifamily housing in the County. We will review recently
approved residential projects current design standards and practice. We will identify additional multifamily
development standards and design guidelines typically used in other counties. Based on our research, we
will prepare a detailed outline of recommended standards and Zoning Code amendments that would be
appropriate for by-right multifamily development projects. Following County staff review, we will prepare
revisions to Article 2, Zones, Allowable Land Uses, and Zone-Specific Standards to include objective design
standards.
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 2: Scope of Work
February 7, 2020 Page 5
Phase 4 Environmental Review
Task 4.1 Notice of Preparation (Revised)
Under Amendment 1, a Notice of Preparation (NOP) was prepared and circulated for public input, and the
original task was considered complete.
Under Amendment 2, the County has directed that the overall approach to the environmental analysis in the
EIR will change from a plan-to-plan comparison to an analysis that will focus on buildout of the proposed
General Plan compared to existing conditions (in other words, a baseline comparison). This will require
recirculation of the NOP to change the existing baseline used for impact analysis.
The Consultants will draft a revised project description providing information on the new analysis
methodology and prepare a new/updated draft NOP pursuant to CEQA Guidelines. The Consultants will
prepare and submit a new/updated NOP for review and approval by County staff. Based on County staff
comments, the Consultants will prepare the final NOP for distribution. The Consultants assume the County
will provide a list of contacts for the NOP distribution. The Consultants will assist with noticing and
distribution, including hand-delivering the NOP to the State Clearinghouse.
Task 4.2 Scoping Meeting (Revised)
Under Amendment 1, a Scoping Meetings was conducted, and the original task was considered complete.
The Consultants will facilitate two (2) public scoping meeting associated with the release of the updated NOP.
The Scoping Meetings should be held during the 30-day NOP period to introduce the community and
interested agencies to provide an overview of the Program Environmental Impact Report (PEIR) process and
obtain input on the PEIR scope of work. The Scoping Meeting will include a presentation with graphic
imagery, followed by the formal recordation of input from meeting attendees. The Consultants assume the
County will be responsible for noticing the meeting and booking the venue.
The Consultants will summarize all input gathered during the Scoping Meeting and during the 30-day NOP
review period. The Consultants assume that County staff will be the point of contact responsible for
gathering public comments outside of the Scoping Meeting. If it is desired based on the overall General Plan’s
public outreach plan, the Consultants can combine the scoping meetings with another public outreach event
or during a public hearing at a Planning Commission or Board of Supervisors’ meeting.
Task 4.3 Administrative Draft Program PEIR (Revised)
Since the Scope of Work in Amendment 1 was approved, the CEQA Guidelines have been revised. There are
new sections that will need to be analyzed in detail in the PEIR that were not included as part of the current
Scope of Work. The Scope of Work under Amendment 1 will be modified to address the following additional
items.
New EIR Sections
Energy: This section will discuss the current and projected regional energy supplies and demand, and
qualitatively analyze energy use associated with buildout of the General Plan. This section will also
compare the consistency of the General Plan with adopted state, regional, and local energy policies.
Wildfire: This section will discuss potential impacts relating to buildout of the General Plan in
urbanized areas adjacent to wildland and associated fire risk using information from the California
Department of Forestry and Fire Protection and the Fresno County Multi-Hazard Mitigation Plan.
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 2: Scope of Work
February 7, 2020 Page 6
Tribal Cultural Resources (including consideration of AB 52 and SB 18): Rincon will collect regional
background information on tribal cultural resources that could be affected by the General Plan. The
collected information will include Native American Heritage Commission (NAHC) Sacred Lands File
Search, reviews of regional ethnographic information, information from relevant past projects, and
information provided through government-to-government tribal consultation in accordance with
Assembly Bill 52 of 2014 (AB 52) and Senate Bill 18 of 2004 (SB 18). Rincon will then assist the County
with government-to-government Native American consultation by preparing the AB 52- and SB 18-
specifc letters to be placed on County letterhead; preparing and submitting a NAHC Sacred Lands File
SB 18 request; and preparing a tracking sheet and instructions to be provided to the County. The
instructions will include details regarding schedule and timelines associated with AB 52 and SB 18 to
ensure timely consultation. If meetings with Native Americans are necessary, Rincon will provide
additional assistance on a time and materials basis.
The Consultants will prepare these sections as part of the overall PEIR and thus will include them in the
updated Administrative Draft Program EIR task.
Updates to Previously Scoped EIR Sections:
In addition, due to the time that has passed since the Consultants started work on the Administrative Draft
EIR (last worked on in the Fall of 2018), revisions will need to be made to incorporate changes in the existing
conditions (necessary revisions described above in Task 1.4 will be reflected in the existing conditions section
of each EIR topic area) and impact analysis already in progress for the EIR will need to be updated based on
those revisions. Additionally, changes in approach will need to be made to account for the new impact
analysis methodology (switching from a plan to plan comparison to a baseline comparison). Updates to
previously scoped EIR sections include the following:
Aesthetics
Incorporate updates from background report, if any
Agricultural Resources
Incorporate updated info on Williamson act contracts/Prime or Statewide Important ag lands
Modify impact analysis to baseline comparison
Air Quality
Incorporate updated information from background report
Update ambient air quality data
Update analysis to rely on new thresholds
Modify impact analysis (including modeling projected air quality emissions) to baseline comparison
Biological Resources
Update wetlands figure
Update CNDDB/special status species list
Update all state/federal database searches
Modify impact analysis as necessary based on the above updates
Cultural Resources
Incorporate changes from background report updates if necessary
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 2: Scope of Work
February 7, 2020 Page 7
Geology and Soils
Update with information from revised background report if necessary
Modify impact analysis to baseline comparison
Greenhouse Gas Emissions
Modify impact analysis to baseline comparison
Hazards and Hazardous Materials
Update with information from revised background report
Update all database searches (EnviroStor, GeoTracker, etc.)
Figures to be updated
Info on fire department to be updated with current information
Hydrology and Water Quality
Update with information from revised background report as necessary
Update analysis to use to new CEQA threshold questions (based on December 2018 CEQA Guidelines
Updates)
Modify impact analysis to baseline comparison
Land Use and Planning
Modify impact analysis to baseline comparison
Noise
Update analysis to use new CEQA thresholds
Modify impact analysis to baseline comparison
Population and Housing
Update with population data from revised background report
Update with California Department of Finance and Census Bureau demographics data
Update population change table
Modify impact analysis to baseline comparison
Public Services and Recreation
Update with information from revised background report as necessary
Update fire district information
Update police/crime information
Update school information
Update library/recreation facilities information
Modify impact analysis to baseline comparison
Utilities and Service Systems
Update with information from revised background report as necessary
Update water supply, wastewater, and solid waste information
Update analysis to use to new CEQA threshold questions
Modify impact analysis to baseline comparison
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 2: Scope of Work
February 7, 2020 Page 8
Task 4.4 Draft Program EIR (Revised)
Since the Scope of Work in Amendment 1 was approved, the County has obtained outside counsel to assist in
the review of the Draft PEIR. This change will increase the expected level of review and will likely require
more than one round of internal review (one round of review is currently included in the Scope of Work; thus
this additional scope is for a second round of review).
All other requirements of Task 4.4 from Amendment 1 remain.
Task 4.5 Response to Comments (Revised)
Due to the likelihood of robust public comments from local and regional environmental justice groups and
attorneys, the Consultants are requesting additional budget to comprehensively address comments and
respond accordingly, including changes to the EIR text if warranted.
All other requirements of Task 4.5 from Amendment 1 remain.
Task 4.6 Mitigation, Monitoring, and Reporting Program
Work under this task from Amendment 1 remains to be performed.
Task 4.7 CEQA Findings/Statement of Overriding Considerations (New)
The current Scope of Work does not include CEQA Findings or a Statement of Overriding Considerations (if
necessary). However, in our experience, CEQA consultants are usually asked to provide this. Under this Task,
the Consultants will prepare the CEQA findings for the project. CEQA Guidelines §15091 requires that no
public agency approve or carry out a project, for which an EIR has been completed and identifies one or more
significant effects, unless the public agency prepares findings for each significant effect. The findings will
include information related to whether those significant impacts identified in the EIR will be reduced to
below a level of significance by mitigation measures identified in the EIR. CEQA Guidelines §15093 requires
that when an agency approves a project that will have a significant adverse environmental effect that is
unavoidable, the agency must make a Statement of Overriding Considerations. If a significant and
unavoidable impact is identified in the EIR, Rincon will prepare the Statement of Overriding Considerations.
Rincon will provide an administrative draft of the CEQA findings to the County for review and comment, and
then incorporate County comments into a final document.
Phase 5 Final Documents and Adoption
Task 5.1 Final PEIR
Work under this task from Amendment 1 remains to be performed.
Task 5.2 Screencheck and Final General Plan and Zoning Ordinance
Work under this task from Amendment 1 remains to be performed.
Task 5.3 Planning Commission Public Hearings (3)
Work under this task from Amendment 1 remains to be performed.
Task 5.4 Board of Supervisors Public Hearings (3)
Work under this task from Amendment 1 remains to be performed.
Fresno County General Plan Review, Zoning Ordinance Update, and PEIR Amendment 2: Scope of Work
February 7, 2020 Page 9
Phase 6 Community Engagement (New)
Task 6.1 Community Engagement
The Consultants will facilitate a community workshop series designed to get public feedback on the revised
Public Draft General Plan. This community engagement will include up to five (5) locations on five (5)
separate evenings. The Consultants propose that each workshop be facilitated by the Consultant and County
staff. The Consultants assume the workshops would be held over the course of a two-week period.
The workshops will include an informational component, featuring large-format informational displays on the
General Plan developed by the Consultants, and a PowerPoint presentation to welcome workshop attendees,
describe the General Plan Update, and answer questions on the process. An interactive open house
component will be provided featuring activities designed to gather public feedback.
Task 6.2 Disadvantaged Community Engagement
The Consultants will assist County staff to facilitate engagement with residents of disadvantaged
communities to get feedback on the Draft Environmental Justice goals, policies, and programs. We will work
with County staff to organize and facilitate up to two community workshops to present the Environmental
Justice goals, policies, and programs; discuss the County’s overall planning efforts; and identify ways
residents can more effectively participate in the planning process. County will work with community groups
as necessary to coordinate the workshops and provide translation services as necessary. The Consultants will
summarize the workshop results and refine the Environmental Justice goals, policies, and programs as
appropriate.
March 12, 2020
EXHIBIT C
TABLE – REVISED CONTRACT DELIVERABLES
GENERAL PLAN REVIEW, ZONING ORDINANCE UPDATE, AND PEIR
Amount and Percent of Total Per Increment Contract Deliverables
Contract Deliverable I
$79,180 (7.9%)
Task 1.1 Admin Draft Background Report (40%)
Ongoing Project Management, Coordination Meetings, Invoicing
Printing Materials and Reports, Travel Expenses, Transmittal Expenses
Contract Deliverable II
$79,180 (7.9%)
Task 1.1 Admin Draft Background Report (40%)
Ongoing Project Management, Coordination Meetings, Invoicing
Printing Materials and Reports, Travel Expenses, Transmittal Expenses
Contract Deliverable III
$72,932 (7.3%)
Task 1.1 Admin Draft Background Report (20%)
Task 1.2 Public Review Draft Background Report
Ongoing Project Management, Coordination Meetings, Invoicing
Printing Materials and Reports, Travel Expenses, Transmittal Expenses
Contract Deliverable IV
$95,294 (9.5%)
Task 2.1 Administrative Draft Policy Document Revisions
Task 2.2 Public Review Draft Policy Document Revisions
Task 3.1 Public Review and Referrals
Ongoing Project Management, Coordination Meetings, Invoicing
Printing Materials and Reports, Travel Expenses, Transmittal Expenses
Contract Deliverable V
$45,725 (4.6%)
Task 3.3 Board of Supervisors Study Session (39%)
Task 3.4 Revised Draft General Plan and Zoning Ordinance
Task 4.1 Notice of Preparation (72%)
Task 4.2 Scoping Meeting (42%)
Ongoing Project Management, Coordination Meetings, Invoicing
Printing Materials and Reports, Travel Expenses, Transmittal Expenses
Contract Deliverable VI
$48,479 (4.8%)
Task 1.3 Administrative Draft Background Report Plan)
Task 1.4 Administrative Draft Background Report (Env)
Task 1.5 Administrative Draft Background Report (Mobility)
Task 1.6 Revised Administrative Draft Background Report
Task 1.7 Revised Public Draft Background Report
Ongoing Project Management, Coordination Meetings, Invoicing
Printing Materials and Reports, Travel Expenses, Transmittal Expenses
Contract Deliverable VII
$30,663 (3.1%)
Task 2.3 Policy Revisions
Task 2.4 Administrative Draft Policy Document Revisions
Task 2.5 Public Review Draft Policy Document Revisions
Ongoing Project Management, Coordination Meetings, Invoicing
Printing Materials and Reports, Travel Expenses, Transmittal Expenses
Contract Deliverable VIII
$11,081 (1.1%)
Task 3.1 Public Review and Referrals (30%)
Ongoing Project Management, Coordination Meetings, Invoicing
Printing Materials and Reports, Travel Expenses, Transmittal Expenses
Contract Deliverable IX
$20,767 (2.1%)
Task 3.2 Planning Commission Study Session
Task 3.3 Board of Supervisors Study Session (61%)
Ongoing Project Management, Coordination Meetings, Invoicing
Printing Materials and Reports, Travel Expenses, Transmittal Expenses
March 12, 2020
Amount and Percent of Total Per Increment Contract Deliverables
Contract Deliverable X
$77,995 (7.8%)
Task 6.1 Community Engagement (5 workshops and prep)
Task 6.2 Disadvantaged Community Engagement (2 workshops)
Ongoing Project Management, Coordination Meetings, Invoicing
Printing Materials and Reports, Travel Expenses, Transmittal Expenses
Contract Deliverable XI
$28,267 (2.8%)
Task 3.5 Zoning Ordinance Update
Ongoing Project Management, Coordination Meetings, Invoicing
Printing Materials and Reports, Travel Expenses, Transmittal Expenses
Contract Deliverable XII
$107,059 (10.7%)
Task 4.1 Notice of Preparation (28%)
Task 4.2 Scoping Meeting (58%)
Task 4.3 Administrative Draft Program EIR (50%)
Ongoing Project Management, Coordination Meetings, Invoicing
Printing Materials and Reports, Travel Expenses, Transmittal Expenses
Contract Deliverable XIII
$132,016 (13.2%)
Task 4.3 Administrative Draft Program EIR (50%)
Task 4.4 Draft Program EIR
Ongoing Project Management, Coordination Meetings, Invoicing
Printing Materials and Reports, Travel Expenses, Transmittal Expenses
Contract Deliverable XIV
$87,705 (8.7%)
Task 4.5 Response to Comments
Task 4.6 Mitigation Monitoring and Reporting Program
Task 4.7 CEQA Findings/Statement of Overriding Considerations
Task 5.1 Final PEIR
Ongoing Project Management, Coordination Meetings, Invoicing
Printing Materials and Reports, Travel Expenses, Transmittal Expenses
Contract Deliverable XV
$56,939 (5.7%)
Task 5.2 Screencheck and Final General Plan and Zoning Code
Task 5.3 Planning Commission Public Hearings (3)
Ongoing Project Management, Coordination Meetings, Invoicing
Printing Materials and Reports, Travel Expenses, Transmittal Expenses
Contract Deliverable XVI
$29,643 (3.0%)
Task 5.4 Board of Supervisors Public Hearings (3)
Ongoing Project Management, Coordination Meetings, Invoicing
Printing Materials and Reports, Travel Expenses, Transmittal Expenses
*In addition to the total above, this contract includes a total contingency of $125,350.00, of which $100,075.00 has not been
allocated at this time.
FRESNO COUNTY GENERAL PLAN REVIEW, ZONING ORDINANCE UPDATE, AND PEIRCurrent Approved Budget, by Firm (Including Billing Status), Revised February 6, 2020MINTIER HARNISHJACOBSON & WACK RINCON CONSULTANTSGHD TOTAL TOTALHOURS COST HOURS COST HOURS COST HOURS COST COST INVOICEDPHASE 1: BACKGROUND REPORT PERPARATION1.1 Administrative Draft Background Report492 $63,000- $0676 $85,94096 $14,800 $163,740 $163,7401.2 Public Review Draft Background Report154 $18,800- $038 $4,85018 $2,850 $26,500 $26,5000 Subtotal646 $81,800- $0714 $90,790114 $17,650 $190,240 $190,240PHASE 2: POLICY DOCUMENT REVISION2.1 Administrative Draft Policy Document Revisions280 $39,200- $024 $3,14016 $3,200 $45,540 $45,5402.2 Public Review Draft Policy Document Revisions76 $11,380- $012 $1,57010 $1,850 $14,800 $14,8000 Subtotal356 $50,580- $036 $4,71026 $5,050 $60,340 $60,340PHASE 3: DRAFT GENERAL PLAN AND ZONING ORDINANCE PUBLIC REVIEW3.1 Public Review and Referrals158 $20,570- $04 $700- $0 $21,270 $21,2703.2 Planning Commission Study Session52 $7,94016 $2,560- $0- $0 $10,500 $2,0003.3 Board of Supervisors Study Session52 $7,94016 $2,560- $0- $0 $10,500 $2,0003.4 Revised Draft General Plan and Zoning Ordinance80 $11,40020 $3,200- $0- $0 $14,600 $14,6000 Subtotal342 $47,85052 $8,3204 $700- $0 $56,870 $39,870PHASE 4: ENVIRONMENTAL REVIEW4.1 Notice of Preparation8 $1,410- $056 $7,0402 $470 $8,920 $8,9204.2 Scoping Meeting- $0- $032 $4,520- $0 $4,520 $4,5204.3 Administrative Draft Program PEIR60 $11,70020 $3,200776 $95,44098 $15,710 $126,0504.4 Draft Program EIR24 $4,6008 $1,280140 $16,940- $0 $22,8204.5 Response to Comments40 $7,0008 $1,280216 $25,96036 $5,860 $40,1004.6 Mitigation Monitoring and Reporting Program8 $1,600- $072 $8,260- $0 $9,8600 Subtotal140 $26,31036 $5,760 1,292 $158,160136 $22,040 $212,270 $13,440PHASE 5: FINAL DOCUMENTS AND ADOPTION5.1 Final PEIR12 $2,300- $056 $7,5808 $1,410 $11,2905.2Screencheck and Final General Plan and Zoning Co148 $18,62020 $3,200- $0- $0 $21,8205.3 Planning Commission Public Hearings (3)100 $16,08016 $2,56024 $3,54010 $2,350 $24,5305.4 Board of Supervisors Public Hearings (3)100 $16,08016 $2,56020 $3,14010 $2,350 $24,130Subtotal360 $53,08052 $8,320100 $14,26028 $6,110 $81,770$0LABOR SUMMARYTotal Hours 1,844 140 2,146 304 4,434 --Labor Subtotal-$259,620 -$22,400 -$268,620 -$50,850 $601,490 $303,890Project Management340 $56,00032 $5,12068 $11,62024 $4,920 $77,660 $43,144LABOR TOTAL-$315,620 -$27,520 -$280,240 -$55,770 $679,150 $347,034Direct Expense Subtotal (production, mail, travel)$24,000$1,500$15,000$5,000 $45,500 $25,278SUBTOTAL-$339,620 -$29,020 -$295,240 -$60,770 $724,650 $372,312CONTINGENCYContingency Budget$125,350 Contingency 1: Zoning Work (Phase II)$17,515 Contingency 2: SB1000 Env. Justice$7,760Subtotal$25,275Remaining$100,075TOTAL COST$850,000 $397,5872/6/2020Page 1EXHIBIT D
FRESNO COUNTY GENERAL PLAN REVIEW, ZONING ORDINANCE UPDATE, AND PEIRBudget Estimates (Amendment 2), Revised February 6, 2020MINTIER HARNISHHARNISH Project DirectorMintierProject AdvisorRUSTPrincipal PlannerAssociate PlannerSenior Planner (Zoning) PlannerSupport Staff TOTAL HOURS TOTAL COST TOTAL HOURS TOTAL COSTTask 1.3 Administrative Draft Background Report (Plan)44124060 $10,340Task 1.4 Administrative Draft Background Report (Env)0$0Task 1.5 Administrative Draft Background Report (Mobility)0$0Task 1.6 Revised Administrative Draft Background Report212122450 $7,130Task 1.7 Revised Public Draft Background Report1881633 $4,675Subtotal7432600040 143 $22,145Task 2.3 Policy Revisions16162880140 $24,960Task 2.4 Administrative Draft Policy Document Revisions0$0Task 2.5 Public Draft Policy Document Revisions0$0Subtotal16162880000140$24,960Task 3.1 Public Review and Referrals416162460 $9,020Task 3.5 Zoning Ordinance Update2624860136 $23,010Subtotal3001816486024 196 $32,030Task 4.1 Updated Notice of Preparation (NOP)0$0Task 4.2 Scoping Meetings (2) 0$0Task 4.3 Administrative Draft Program EIR21618 $3,670Task 4.4 Draft Program EIR88 $1,600Task 4.5 Response to Comments88 $1,600Task 4.7 CEQA Findings/Statement of Overriding Considerations0$0Subtotal2032000034$6,8700$0Subtotal00000000$0Task 6.1 Community Engagement (5 workshops and prep)40809060 270 $45,350Task 6.2 Disadvantaged Community Engagement (2 workshops)16323624 108 $18,140Subtotal560 112 1260084 378 $63,490Project Management169020 126 $23,760Total Hours 12720 312 2824860 168 1017 -2020 Billing Rates $235 $200 $200 $155 $175 $135 $100--Labor Subtotal$29,845 $4,000 $62,400 $43,710 $8,400 $8,100 $16,800-$173,255OTHER COSTSDirect Expense Subtotal (production, mail, travel)$4,0102015 -> 2020 Rate Increase$16,890$6,080Subtotal00000000$20,900$6,080TOTAL COST, AMENDMENT 2$194,155 $6,080REMAINING ORIGINAL BUDGETREMAINING CONTINGENCYTOTAL COSTPROJECT MANAGEMENTJACOBSON & WACKPHASE 6: COMMUNITY ENGAGEMENTPHASE 3: DRAFT GENERAL PLAN AND ZONING ORDINANCE PUBLIC REVIEWPHASE 4: ENVIRONMENTAL REVIEWPHASE 5: FINAL DOCUMENTS AND ADOPTIONPHASE 1: BACKGROUND REPORT PERPARATIONPHASE 2: POLICY DOCUMENT REVISIONDate: 2/6/2020Page 2
FRESNO COUNTY GENERAL PLAN REVIEW, ZONING ORDINANCE UPDATE, AND PEIRBudget Estimates (Amendment 2), Revised February 6, 2020Task 1.3 Administrative Draft Background Report (Plan)Task 1.4 Administrative Draft Background Report (Env)Task 1.5 Administrative Draft Background Report (Mobility)Task 1.6 Revised Administrative Draft Background ReportTask 1.7 Revised Public Draft Background ReportSubtotalTask 2.3 Policy RevisionsTask 2.4 Administrative Draft Policy Document RevisionsTask 2.5 Public Draft Policy Document RevisionsSubtotalTask 3.1 Public Review and ReferralsTask 3.5 Zoning Ordinance UpdateSubtotalTask 4.1 Updated Notice of Preparation (NOP)Task 4.2 Scoping Meetings (2) Task 4.3 Administrative Draft Program EIRTask 4.4 Draft Program EIRTask 4.5 Response to CommentsTask 4.7 CEQA Findings/Statement of Overriding ConsiderationsSubtotalSubtotalTask 6.1 Community Engagement (5 workshops and prep)Task 6.2 Disadvantaged Community Engagement (2 workshops)SubtotalProject ManagementTotal Hours 2020 Billing Rates Labor SubtotalOTHER COSTSDirect Expense Subtotal (production, mail, travel)2015 -> 2020 Rate IncreaseSubtotalTOTAL COST, AMENDMENT 2REMAINING ORIGINAL BUDGETREMAINING CONTINGENCYTOTAL COSTPROJECT MANAGEMENTPHASE 6: COMMUNITY ENGAGEMENTPHASE 3: DRAFT GENERAL PLAN AND ZONING ORDINANCE PUBLIC REVIEWPHASE 4: ENVIRONMENTAL REVIEWPHASE 5: FINAL DOCUMENTS AND ADOPTIONPHASE 1: BACKGROUND REPORT PERPARATIONPHASE 2: POLICY DOCUMENT REVISIONRINCON CONSULTANTSGHDGRAND TOTAL PrincipalSenior Professional ProfessionalGIS/Support Staff TOTAL HOURS TOTAL COST PrincipalSenior Project Manager Senior Trans. Planner Engineer I TOTAL HOURS TOTAL COST0$00$0 $10,34041412434 $5,5180$0 $5,5180$028145680 $11,800 $11,8000$00$0 $7,1300$00$0 $4,67541412434 $5,51828145680 $11,800 $39,463$00$0 $24,960$00$0$0$00$0$000000$000000$0$24,9600$00$0 $9,0200$00$0 $23,01000000$000000$0$32,0302612222 $3,4540$0 $3,4548168436 $6,1680$0 $6,1688488820 164 $25,1600$0 $28,83021022236 $5,6040$0 $7,20421016230 $4,7340$0 $6,334261624 $3,8100$0 $3,8102496 16230 312 $48,93000000$0$55,8000$00$0$000000$000000$0$00$00$0 $45,350$0$0 $18,14000000$000000$0$63,49041620 $3,6800$0$27,44032 126 17434 366 -28145680 --$220 $175 $145 $112-- $245 $250 $185 $120---$7,040 $22,050 $25,230 $3,808-$58,128 $490 $2,000 $2,590 $6,720-$11,800 $243,183$2,120$6,130$4,332$1,660$28,96200000$6,45200000$1,660$35,092$64,580$13,460 $278,275$352,338$100,075$730,688Date: 2/6/2020Page 3
EXHIBIT E
EXTRA SERVICES
Extra Services shall be limited to those services reasonably necessary to complete the
project work that County and Consultant mutually agree were not anticipated during the
preparation of the work program proposal, when a request to perform such services was
submitted by the Consultant and approved in writing by the Director or his designee
prior to their performance.
In addition to the services addressed above, the Consultant shall have a legitimate
basis pursuant to the provisions of the Consultant Agreement to request either
authorization to provide Extra Services or a revision to the Work Program, Cost
Estimate, and Work Schedule of the Agreement if any of the following occur:
1. County makes material modifications to the project subsequent to the approval of
the Agreement, which necessitate making substantial and material changes in
the project analysis, text tables, maps or figures.
2. Modifications are required to the Work Program due to comments received in
response to the Notice of Preparation of the Draft EIR or public review of the
project documents.
3. Technical, engineering, design, or other studies not specified in the Work
Program are required for project analysis, mitigation measures or programs, the
Mitigation Monitoring and Reporting Program, responses to comments on the
Draft EIR, or other purposes.
4. In the event the project and/or the EIR is subject to litigation, additional work
associated with the litigation is required such as reviewing or responding to
briefs, giving depositions and appearing in court.
The total sum of compensation for Extra Services shall be limited to the amount
deemed sufficient by the Director or his designee following discussion of the proposed
scope of additional work with the Consultant which shall include representations made
by the Consultant as to the reasonably-expected amount of time that will be required to
fully perform all Extra Services discussed in said meetings(s) or telephone conferences.
EXHIBIT F
CONFLICT OF INTEREST CODE OF THE DEPARTMENT OF PUBLIC
WORKS AND PLANNING
Exhibit “E” is a copy of Resolution #99-086 adopted by the Board of Supervisors
on February 23, 1999 that references California Code of Regulations Section
18730. Consultants are listed on Exhibit A of the Resolution with the following
note:
* Consultants shall be included in the list of designated employees and shall
disclose pursuant to the broadest disclosure category in the code subject to the
following limitation: The Director of Public Works and Planning may determine in
writing that a particular consultant, although a “designated position”, is hired to
perform a range of duties that is limited in scope and thus is not fully required to
comply with the disclosure requirements of this section. Such written
determination shall include a description of the consultant’s duties and, based on
that description, a statement of the extent of disclosure requirements. The
Director of Public Works and Planning’s determination is a public record and
shall be retained for public inspection in the same manner and location as this
Conflict of Interest Code.
EXHIBIT G
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”),
members of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member’s company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation’s transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).