ATTACHMENT 1
Gonzales will continue to be a safe, clean, family-friendly community, diverse in heritage, and committed to working collaboratively to preserve and retain its small-town charm
INTRODUCTION
The City of Gonzales is located 17 miles south of Salinas and is in the heart of the 90-mile long Salinas Valley.
Gonzales is referred to as the Wine Capital of Monterey County and the 2020 Federal Census lists a population of 8,600. The city prides itself on its youth engagement efforts and being a net-importer of jobs due to the city’s Industrial Business Park attracting a variety of ag-related businesses including Taylor Farms and Del Monte processing facilities.
Earlier this year, representative for the Rianda Cooler Development Project began coordinating with city staff on the process and approvals needed for a proposed 313,800 SF agricultural processing and cold storage facility on property abutting the north side of Gloria Road, just east of US 101. The facility may employ up to 3 shifts of 300+ persons each. The proposed facility will consist of 210,000 SF of raw product cold storage and processing lines where produce will be cleaned, sized, packaged and shipped, as well as an additional 38,000 SF of office administration space, mechanical rooms, storage rooms and shop areas.
The site is a 107 acre parcel that includes a city/county jurisdictional boundary through the property. So, a LAFCO annexation application will be submitted once the CEQA process is complete. Additional components of the Project Description include a proposal to amend the City of Gonzales General Plan Map and Zoning Map designations to Industrial. The City of Gonzales 2010 General Plan anticipated residential and mixed uses on these lands presently under row crop production.
Several months ago, a draft Traffic Analysis was prepared for the project, so that study is not included in the list of technical studies requested under this RFP.
SERVICES
This RFP is to obtain compliance with the California Environmental Quality Act (Public Resources Code, Section 21000 et. seq.), and State CEQA guidelines (CCR Sections 15000 et. seq.) for the proposed Rianda Cooler Development Project.
The selected consultant will be responsible for preparing and filing either form of documentation, as appropriate to the needs of the project. If previously unforeseen issue arise and may necessitate the need to prepare an EIR, Consultant will immediately contact the City to discuss any needed changes to scope of work, budget, and/or schedule.
Task 1. Project Initiation
This task includes a kick-off meeting with City staff to discuss the project background and description, specific issues, anticipated technical reports, and initial CEQA schedule. City will provide copies of relevant documentation, including any past biological and geologic studies, preliminary project site plan. Consultant will prepare the CEQA project description and schedule and submit to City staff for review.
Deliverable: Initial Schedule
Meeting: Attendance at one kick-off meeting.
Task 2. Administrative Draft Initial Study/Mitigated Negative Declaration (IS/MND) and Categorical Exemption (CE), as appropriate.
2.1 The Consultant will prepare an Initial Study checklist based on the environmental checklist
included in State CEQA Guidelines. Consultant will summarize adopted/completed reports and studies where relevant to the project’s environmental analysis, and will determine which resource areas require additional studies, surveys and/or technical reports. Consultant will consult City staff to confirm appropriate policies, plans and regulatory thresholds used in the analysis.
Deliverable: A Draft Initial Study checklist indicating any new studies, surveys and/or technical reports required for each resource area.
Meeting: Participation in a conference call to discuss review findings.
2.2 The consultant shall assess environmental issues and concerns for the project. Consultant is responsible for preparation of appropriate field investigations, maps, surveys and technical reports, to be determined in consultation with City staff during task 2.1. Assessment will include description in detail of the following project elements in accordance with CEQA guidelines and requirements:
a. Aesthetics
b. Site Biological, Cultural, and Historic Resources
c. Air Quality
d. Geology/Soils
e. Greenhouse Gas Emissions
f. Hazards/Hazardous Materials
g. Hydrology/Water Quality
h. Land Use/Planning
i. Mineral Resources
j. Noise/Vibration
k. Public Services
l. Tribal Cultural Resources
m. Utilities/Services Systems
Additionally, the IS shall describe in detail the City’s methods and mitigations for the project including:
a. Categorization and classification of habitat type
b. Methods for determination, management and protection of sensitive species and assets c. Identification of geologic issues, erosion control methods, and relatedmitigations d. Description of management of biological and non-biological waste e.Description of methodology for protection of water courses f. Include copies of field surveys as appendix
g. Document consultation with Native American Heritage Commission (NAHC) and tribes h. Identify any wetlands on or near the project site.
Deliverable: Includes a natural resources map and associated polygons, Chart of any special status species with the potential to occur on the property.
2.3 The consultant will prepare an Administrative Draft IS/MND as appropriate to the project element and submit to City for review and approval. Each CEQA topic in CEQA Guidelines shall be evaluated at the appropriate level of detail. To include two (2) rounds of City review and revisions. Consultant will join a conference call with City staff to discuss admin Draft IS and the recommended CEQA documentation.
Should additional documentation be required beyond an MND, the consultant shall immediately brief the City. Additional expenses under these circumstances shall benegotiable.
Deliverable: Three (3) hard copies and one (1) electronic copy of the Administrative Draft IS/MND, and one
(1) electronic copy of the Screen check Draft IS/MND.
Meeting: Participation in a conference call to discuss review findings.
Task 3. Draft IS/MND and Notice of Intent (NOI)
Upon receipt of the City’s comments on the Screen check IS/MND, the Consultant will address the City’s revisions and comments and will prepare the proposed Draft MND for public release. Consultant will develop the mailing list for document distribution. Consultant will distribute copies of the document to the State Clearinghouse and other responsible public agencies per the State CEQA Guidelines (up to 15 total hard copies). The Consultant will assist the city and will prepare and file all required notices for the MND and provide the City with a list of all mailings for the record. The city will be responsible for any filing fees.
Deliverable: Up to 17 hard copies of the IS/MND (15 delivered to the State Clearinghouse and 2 to city).
Notice of Completion (NOC) to the State Clearinghouse. Prepare Notice of Intent to Adopt a Mitigated Negative Declaration (NOI) and file with County and City Clerk.
Task 4. Response to Comments and Final IS/MND
The Consultant will respond to public comments received on the IS/MND and prepare a Response to Comments document for the Final CEQA document. Consultant will provide responses to public comments in the form of a memorandum to the City for review and approval.
Deliverable: One (1) memorandum will be emailed containing proposed responses to public comments.
Task 5. Mitigation Monitoring and Reporting Program.
The Consultant will prepare a draft and final MMRP for inclusion in the Final CEQA document, pursuant to Section 1081.6 of the Public Resources Code. Consultant will submit to City for review and approval.
Deliverable: one (1) electronic copy of the MMRP.
Task 6. Findings and Filings
The Consultant will prepare all necessary CEQA findings for inclusion in the adoption of the CEQA document. Consultant will submit to City for review and approval. The Consultant shall include all required filing fees as part of their proposal and process the Notice of Determination or final permits to receipt of the client.
Deliverable: one (1) electronic copy in Word of CEQA findings, process of final documents.
Task 7. Project Management and Meetings with City
The Consultant will participate in phone calls and email communication as needed and up to 3 in person meetings. Presently, the city meets with the client bi-weekly for one hour via video conference for project and processing coordination. The city may add meetings with an amendment to the scope and budget.
Task 8. Public Hearings
The consultant will also attend required Planning Commission and City Council meetings to answer any
questions that may arise about the CEQA analysis. Assume two (2) meetings.
Optional Task “A.” Additional or higher levels of environmental documentation, up to or including an Environmental Impact Report (EIR).
While not anticipated, the potential exists for the city to determine that an EIR be required. An appeal of the CEQA findings may also generate additional work effort. Should this occur, the consultant would be asked by the city to complete additional tasks. The respondent should prepare an additional schedule of optional expenses to address these contingencies in their response to this RFP.
PROPOSAL CONTENT AND REQUIREMENTS
Your Proposal should include the following:
Cover Letter - Provide the following information:
1. Firm name, office location(s), telephone numbers, and e-mail addresses of the main contact(s).
2. Staff person we can contact regarding the SOQ
3. Number of years the firm has performed planning and CEQA services
4. Type of organization: individual, partnership, corporation, other (please specify).
5. Indicate if your firm has any conflicts of interest related to your current contracts.
Technical Approach
1. Provide a detailed summary of the services to be performed.
2. State why your firm is qualified to provide the requested services.
3. Describe how your firm will deliver your services
Qualifications and Management
1. Present your expected project team for the services the firm anticipates providing including an organization chart.
2. Describe how the project team will be managed
3. Describe the firm’s quality assurance efforts.
Relevant Experience
1. Present your firm’s relevant experience similar in scope to those identified in this RFP with public agencies.
Include the magnitude of the contract scope and cost, the name of the agency these services were provided for, and contact information (address, phone, and email address) for the public agency’s project manager.
The proposal shall include relevant experience with at least five (2) different public agencies where these services were provided.
2. List of personnel along with their expertise, professional background, office location and role they will play for the various types of services described in this RFP.
3. Provide specific examples of how the firm has successfully delivered similar projects to other public agencies. This includes:
a. How does your firm adhere to agreed upon schedules?
b. How does your firm make efficient use of its personnel and resources? c. What techniques does your firm use to deliver quality services? The SOQ shall be limited to 25 pages excluding cover letter and resumes.
CONTACT FOR QUESTIONS
Questions regarding this RFP shall be directed to:
Patrick Dobbins, Public Works Director/City Engineer
City of Gonzales
PO Box 647
147 Fourth Street
Gonzales, CA 93926
Phone: 831-675-5000
Email: [email protected]
SCHEDULE
The RFQ schedule is:
Milestone Date
Issue Request for Qualifications 9/14/2022
Statement of Qualifications Submittal Deadline 9/27/2022 at 1:30PM City Staff reviews SOQ’s 9/27/2022 thru 9/28/2022
City Council Approval of On-Call Consultant List 10/03/2022 Provide two separate sealed envelopes (SOQ and Consultant Rate Schedule) inside one larger sealed envelope clearly labeled, “PROPOSAL TO PROVIDE CEQA DOCUMENTATION FOR RIANDA COOLER DEVELOPMENT PROJECT.”
CONTRACT
The City’s standard consultant agreement is attached. Provide a statement of your ability to execute the city’s consultant agreement and include any desired revisions to the city agreement in the separate envelope transmitting the Consultant Rate Schedule.
SELECTION PROCESS
City staff prefers firms with:
1. More than five years of providing the specified services
2. Knowledgeable staff with strong interpersonal skills
3. Depth of experienced staff
4. Local office in the Monterey Bay Region (Monterey, Santa Cruz and San Benito counties)
5. Timely invoicing in compliance with the executed agreement Proposals submitted by the deadline will be evaluated based upon qualifications, experience, ability to perform and understanding of the city.
SUBMITTAL OF SOQs
Submit your proposal and fee estimate via email to [email protected] by September 27, 2022 at 1:30PM, followed quickly by three hard copies addressed to:
Patrick Dobbins, Public Works Director/City Engineer
City of Gonzales
PO Box 647
147 Fourth Street
Gonzales, CA 93926
Attachments
1. City’s Standard Consulting Agreement
2. Submitted Development Application
3. Rianda Cooler Project – Description (dated June 2022)
4. 22001_Project Description_Amendment_220906
5. 9-6-22 Gonzales Cooler Development - Pre-Zoning - GPA
6. 22001 Gonzales Cooler Development: Traffic Information Consulting Services Agreement between [EFFECTIVE DATE]
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF GONZALES AND [NAME OF CONSULTANT]
THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and ("Consultant") (together sometimes referred to as the "Parties") as of (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on , the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed , notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, Consulting Services Agreement between [EFFECTIVE DATE]
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including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of invoices; i.e., Invoice No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and any reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.
2.2 Monthly Payment. City shall make payments, based on submitted invoices, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 <<Not Used>>
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
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2.5 Hourly Fees. Fees for work performed by Consultant shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed $ . Expenses not listed below are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
Mark-up for subconsultants and other outside direct costs shall not exceed 7.50%.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.
Section 4. INSURANCE REQUIREMENTS. Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City.
Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of Consulting Services Agreement between [EFFECTIVE DATE]
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not less than $1,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance Consulting Services Agreement between [EFFECTIVE DATE]
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or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of five years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
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4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
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Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
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7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
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Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
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8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement.
It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
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10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
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10.9 Contract Administration. This Agreement shall be administered by ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
.
Any written notice to City shall be sent to:
Mary Villegas, Administrative Specialist/Deputy City Clerk City of Gonzales
P.O. Box 647
Gonzales, CA 93926
10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, [[and]C[, and D]] [ENSURE THAT THE CORRECT EXHIBITS ARE LISTED] represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Payment Schedule
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Non-Responsibility for General Contractor Responsibilities and Duties. Unless otherwise agreed by City and Consultant in writing, nothing in Consultant's services shall Consulting Services Agreement between [EFFECTIVE DATE]
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be construed to mean that Consultant assumes any of the contractual responsibilities or duties of the general contractor. The general contractor is solely responsible for construction means, methods, sequences and procedures used in the construction of a project and for related performance in accordance with its contract with the City. The general contractor shall not be relieved of its responsibility for the safety of the workplace or for the method or manner of construction. The Consultant and its personnel have no authority to exercise any control over or charge of acts or omissions of the general contractor or their employees in connection with the construction work.
The Parties have executed this Agreement as of the Effective Date.
CITY OF GONZALES CONSULTANT
-----------------------, City Manager [NAME, TITLE]
Attest:
----------------------, City Clerk
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EXHIBIT A
SCOPE OF SERVICES
.
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EXHIBIT B
COMPENSATION SCHEDULE
GONZALES COOLER DEVELOPMENT |
The Rianda Family Partnership
3.1.4 Site Grading/Storm Water
The site slopes from its easterly end down toward its boundary with Highway 101, and is roughly divided into two areas by a bench-like elevation change bifurcating the parcel. The lower bench slope an average of 0.3% toward the freeway, and the upper bench an average of 2.4%, also in a westerly direction. The existing bench will be incorporated into the grading strategy to facilitate lowered truck dock areas. Grading is expected to be less than 360,000 CY of cut and fill. Site grading will be balanced.
The project will comply with the Central Coast Post Construction Stormwater Requirements (PCRs). (See Figure 3.1.4.1,
3.1.4.2, 3.1.4.3 and 3.1.4.4). (See Appendix A. Preliminary Storm Water Control Plan).
3.1.5 Public Utility Availability
The Applicant has begun the application process with Pacific Gas & Electric (PG&E). PG&E has confirmed electricity is available in the vicinity for this development. The facility will not be using natural gas. In parallel, the Applicant will be pursuing a solar (photovoltaic) system to offset energy demand in compliance with City of Gonzales Implementing Action SUS-1.1.5 – Citywide Climate Action Plan.
3.2 Noise
Noise generated on the site will be primarily from activities occurring in and around the processing area of the facility and truck traffic entering the leaving the site. This processing area is located an average of 600 feet from the northern property line, approximately 300 feet from Gloria Road on the south, with large expanses of land between the facility and the eastern and western property lines. The proposed facility will produce noise levels similar to the City’s industrial business park. Noise levels are calculated to be less than 75 decibels at the property lines as is allowed for the City of Gonzales. Traffic noise levels will be consistent to the city’s industrial business park and will not be directed toward any residential areas.
3.3 Transportation
This development will serve to replace the applicant’s current Salinas, CA operation in its entirety. Uses/functions at the proposed facility are the same as the facility to be vacated. Current facility is located in Salinas’ ag-industrial corridor off of Abbott Street.
Because this development replaces an existing facility, both employee and non-employee traffic volumes are anticipated to be the same as occurred at the current facility.
With regard to non-employee traffic, locating the proposed facility in Gonzales places the applicant’s cooling and processing operations nearer to the agricultural fields that supply the raw product than the current Salinas location does (See Figure
3.3.1).
With regard to employee traffic, it is anticipated that once this development is completed, the company’s will see a shift in the location from which employees are drawn, with the majority of their employees coming, experience is that their workforce is primarily drawn locally. For example, company records show that the majority of their current workforce lives in Salinas in close proximity to the current operation. It is anticipated that once this development is completed, the company will see a shift in the location from which employees are drawn, with the majority of their employees being drawn from Gonzales and immediately surrounding communities, including but not limited to Chualar, Greenfield, Soledad and King City. This development represents an attractive opportunity for south-county based workers who want to lessen their commute times and avoid Salinas traffic (See figure 3.3.2).
The proposed facility has two distinct operating seasons, the peak season (April-November) and the off-season (DecemberMarch). Please note that the data provided is categorized with this this in mind.
AMENDMENT 1 09/06/22
GONZALES COOLER DEVELOPMENT |
The Rianda Family Partnership
During the Peak Season, the facility will employ approximately 436 employees and will see approximately 218 non-employee truck visits every 24 hours. During the Off-Season, the facility will employ approximately 80 employees per 24 hours period and will see approximately 3 non-employee truck visits per week (See figures 3.3.3, 3.3.4 and 3.3.5). The facility also operates on a peak season and off-season shift schedule, so not all employees are on site at the same time (See figures 3.3.4 and
3.3.5).
Current employee census data collected by the applicant over the last year shows that 64% of its employees rideshare to and from work during peak season, and 48% rideshare during the off season (See Figure 3.3.6). This yields an average of 295 employee vehicles over a 24-hour period during peak season, and 54 employee vehicles over a 24-hour period during off season. The development will identify and stripe a quantity of 61 parking stalls nearest to employee entrances (except as required by accessibility requirements) as “CARPOOL ONLY.” 61 carpool stalls accommodate the largest per shift number of employee rideshare vehicles. (See figure 3.3.6)
The applicant proposes to use Gloria Road to the 101 overpass Gonzales Exit 310 to circulate trucks on and off the site. Gloria Road currently accommodates semi-truck traffic, so use of Gloria Road to access the facility is consistent with the current use and existing infrastructure.
The proposed facility has two distinct operating seasons, the peak season (April-November) and the off-season (DecemberMarch). Please note that the data provided is categorized with this this in mind.
During the Peak Season, the facility will employ have 436 employees and will see approximately 218 non-employee truck visits every 24 hours. During the Off-Season, the facility will employ approximately 80 employees per day and will see approximately 3 non-employee truck visits per week (See figures 3.3.3, 3.3.4 and 3.3.5).
AMENDMENT 1 09/06/22
AMENDMENT 1 09/06/22
AMENDMENT 1 09/06/22
REQUEST FOR GENERAL PLAN AMENDMENT AND PRE-ZONING
09/06/22
The Rianda Family Partnership
Gonzales Cooler Development
The Rianda Family Partnership, Project Applicant, proposes the Gonzales Cooler Development agricultural support facility on 44.8 acres of its 107.15 acre property (APN 223-032-019) on the north side of Gloria Road, as shown on the attached site plan (Project Site).
The Project Applicant requests that the City of Gonzales amend its General Plan and Pre-Zone the 44.8 acre Project Site to allow for the Gonzales Cooler Development agricultural support facility as described in the Project Description on file with the City (Project).
General Plan Amendment
The Project Site is located within the City’s Sphere of Influence, contiguous to the existing City limits. The Project Site has a 2010 General Plan designation of Neighborhood Residential and Public/Quasi Public, with an Industrial/Manufacturing land use designation immediately south of the Project Site across Gloria Road. (See City General Plan Land Use Map, Pages 11-25 and 11- 31)
In 2014 the City and County entered into a Memorandum of Agreement (MOA) regarding future annexation of property east of the City, and LAFCO adopted an updated Sphere of Influence (SOI) including the Project Site, which Agreement recognized the importance of the Industrial/Manufacturing land use designation, and its associated jobs south of Gloria Road, but also recognized the City’s desire to create an urban growth boundary south of Gloria Road.
Consistent with the City’s desire to annex the 44.8 acre Project Site into the City, the City’s desire to create jobs, desire to remove the Industrial/Manufacturing land use designation south of Gloria Road, the close proximity of the existing Industrial/Manufacturing land use designation immediately south of Gloria Road, and the proximity of the Gloria Road/Highway 101 interchange, the Project Applicant requests that the City amend its General Plan to reflect an “Industrial/Manufacturing” land use designation on the 44.8 acre Project Site to allow the Gonzales Cooler Development agricultural support facility.
Pre-Zoning
The Project Site is located within the City’s Sphere of Influence adjacent to the City limits.
There is no current City zoning on the Project Site, as the Project Site it is not yet within the City limits. The area immediately west of the Project Site, located within the City, is zoned Highway Commercial. The area to the south of the Project Site is zoned Industrial. (See City Zoning Map)
In order to annex the 44.8 acre Project Site into the City, the City must pre-zone the Project Site for its’ intended agricultural support facility use.
The Project Applicant has requested the City amend its General Plan to designate the Project Site “Industrial/Manufacturing” consistent with its proposed agricultural support facility use of the Project Site.
Pursuant to Title 12 section 12.56.040 Table 1: Agricultural services and general: uses such as food processing are permitted uses in the Industrial Zoning District Consistent with the City’s desire to annex the 44.8 acre Project Site into the City, the City’s desire create to jobs, desire to remove the Industrial land uses south of Gloria Road, the close proximity of the existing Highway Commercial and Industrial zoning designations, and the proximity of the Gloria Road/Highway 101 interchange, the Project Applicant requests that the City Pre-Zone the 44.8 acre Project Site to an “Industrial” land use zoning designation to allow its proposed agricultural support facility.
The Rianda Family Partnership
By ___________________________ Dated___________________ Michael Rianda
Attached:
“Industrial/Manufacturing” General Plan designation
“Industrial” Zoning Regulations
Site Plan
Michael Rianda
9/8/2022
General Plan “Industrial/Manufacturing” Land Use Designation Industrial Standards: pg 11-36
For commercial and industrial uses, intensity is expressed in terms of Floor Area Ratio (FAR). FAR is the gross floor area of structures on a site divided by the site area. For instance, an FAR of 0.5 would allow a 5,000 square foot building on a10,000-square-foot parcel. The intensity standards define the maximum levels of development permitted. However, these maximums do not establish entitlement to a specific level of development without first conforming to all other City policies and development standards and are subject to discretionary approval.
11. Industrial/Manufacturing
The primary purpose of this designation is to define those areas that are appropriate for heavy industrial and manufacturing uses, the location of which may create land use conflicts with residential uses and schools. The emphasis is on agricultural services, but other types of industry compatible with the policies in the General Plan are encouraged. The designation permits industrial parks, light manufacturing, warehousing, wineries, auto and farm equipment sales or repair establishments, feed stores, lumberyards, construction supply companies, and similar and compatible uses.
Compatible highway-serving uses like gas stations, restaurants, motels, and truck stops are permitted in this area. The maximum permitted Floor Area Ratio is 0.5.
The designation has been applied to 469 acres of land in Gonzales, including 325 acres of land west of Highway 101 and 144 acres of land east of Highway 101. This designation is also used in the urban reserve area.
Title 12 “Industrial” Zoning District
12.88.010 INTENT:
The intent of the industrial (I) district is to provide areas for general industrial, manufacturing, wholesale, and service uses needed by the city and region subject to regulation necessary to protect other nearby uses from hazards, noise and other disturbances. (Ord. 2000-03, 8-7-2000)
12.88.020 PERMITTED USES UPON GRANT OF SITE PLAN PERMIT:
The uses listed under I in table 1, section 12.56.040* of this title, as permitted uses are allowed upon grant of a site plan permit. (Ord. 2001-13, 11-19-2001)
12.88.030 CONDITIONAL USES:
In addition to the uses authorized by section 12.88.020 of this chapter, the uses listed under I in table 1, section 12.56.040 of this title, are allowed if a conditional use permit is issued. (Ord. 2001-13, 11-19-2001)
12.88.040 DEVELOPMENT STANDARDS:
The development standards in the I district shall be as follows:
A. Minimum Lot Area: Ten thousand (10,000) square feet.
B. Floor Area Ratio: 0.5.
C. Maximum Lot Coverage: Ninety percent (90%).
D. Minimum Lot Width: Fifty feet (50’).
E. Maximum Height: Fifty feet (50’).
F. Minimum Setbacks:
Front 20 feet
Side 10 feet
Rear 10 feet
G. Parking: Parking requirements as specified in chapter 12.120 of this title.
H. Landscaping: Landscaping requirements as specified in chapter 12.124 of this title.
I. Design Guidelines: In addition to these standards, the city of Gonzales has adopted "Industrial District Design Guidelines" by resolution in order to further protect the public health, safety and welfare and to contribute to a positive living and working environment within the city.
The city’s intent is that the principles set forth in the "Industrial District Design Guidelines" shall be incorporated to the maximum feasible extent in all new development, redevelopment, and building expansion in the industrial zoning district. Where conflicts exist between the mandatory standards of this section, and the guidelines, applicant shall be required to conform to the minimum district standards. However, the intent of the guidelines is also expected to be met to the fullest possible extent, and each applicant shall be required to clearly explain and justify why his or her project cannot comply with the guidelines, or any part thereof. A high degree of conformance to the guidelines shall be a positive factor in the city’s consideration of project approval. (Ord. 2005-40, 11-21-2005)
* Pursuant to Title 12 section 12.56.040 Table 1: Agricultural services and general: uses such as food processing are permitted uses in the Industrial Zoning District 09/06/22