Agenda packet — Gonzales City Council, March 18, 2024

Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.

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A G E N D A

JOINT MEETING OF THE

GONZALES CITY COUNCIL AND

GONZALES SUCCESSOR AGENCY
CITY COUNCIL CHAMBERS – 117 FOURTH STREET
GONZALES, CA 93926
MONDAY, MARCH 18, 2024
6:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

1. ROLL CALL- City Council/Successor Agency
Mayor Pro Tem/Vice Chair Scott Funk, Council/Agency Member Liz Silva, Council/Agency Member Lorraine Worthy, Council/Agency Member Maria Orozco, Mayor/Chair Jose L. Rios
Successor Agency Item

PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/87020263943 or call 1 (669) 900-6833 and use Meeting ID: 870 2026 3943. If you wish to make either a general public comment or to comment on a specific agenda item, please use the Raise Hand function. You will be allowed three minutes for your comments.

If you choose not to attend the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment limited to 250 words or less by 12:00p.m. on the day of the meeting to the City Clerk at [email protected]

BUSINESS FROM THE PUBLIC

2. Business from the Public not on the Agenda; any member of the Public may address the Council/Agency for a period not to exceed three minutes on any subject not on the Agenda. The Council/Agency will listen to all communications but may take no action.

CONSENT AGENDA
All matters listed under the Consent Agenda are considered routine by the City Council and will be adopted by one action of the Council unless any Council Member has a question or wishes to make a statement or discuss an item. In that event, the Mayor will remove the item from the Consent Calendar for separate consideration.

3. Approve the Joint City Council and Successor Agency - Regular Meeting - March 4, 2024 Minutes

4. Approve City Accounts Payable Warrants #49933-49983

5. City Manager’s Report

6. Community Engagement & Recreation Departments Activity Report

7. Fire Department Activity Report

8. Police Department Activity Report
*
*
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.

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9. Public Works/City Engineer Department Activity Report

10. Consider Approval of Resolution No. 2024-08, A Resolution of the City Council of the City of Gonzales Approving the Appointment of a Public Citizen to the Measure K Oversight Committee Filling a Current Vacancy and Replacing a Member Whose Two-Year Term Ended, and Setting the Terms to Expire Two Years from the Effective Date of this Resolution

11. Consider Approval of, and Authorize the City Manager to execute Amendment #4 to the Consulting Services Agreement Between the City of Gonzales and EMC Planning Group for Preparation of the Vista Lucia Specific Plan EIR - Final Push to Final Environmental Impact Review and Public Hearings

REGULAR AGENDA

12. Authorize Execution of a Non-Exclusive Master Services Agreement Between the City of Gonzales and MNS Engineers and Approve Execution of Task Order 1 for Program Management Services in the amount of $200,000; and Authorize Execution of a Non-Exclusive Master Services Agreement Between the City of Gonzales and Psomas and Approve Execution of Task Order 1 for Technical Services in the Amount of $50,000 to Support the Expansion of the Wastewater System a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Authorize execution of the Agreements with MNS Engineers and Psomas and approve Task Orders 1

13. Introduce, Waive First Reading, and Read by Title Only Ordinance No. 2024-142, An Ordinance of the City Council of the City of Gonzales, California, Amending Chapter 4.56 Taxicabs of Title 4 Business and License Regulations of the Gonzales City Code a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Introduce, waive first reading and read by title only Ordinance No. 2024-142

GONZALES YOUTH COUNCIL UPDATES

14. Oral Communication

BUSINESS FROM CITY COUNCIL

15. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
b. Association of Monterey Bay Area Governments
c. Monterey Salinas Transit

16. Oral Communications

BUSINESS FROM CITY MANAGER

17. Oral Communications

ADJOURNMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (831) 675-5000. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (CFR 35.102-35.104 ADA Title II). This is a public meeting and as such, can be seen live by people present or online and is being recorded; therefore; anything you say or do here is public information. The recordings are available online.

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MINUTES

JOINT MEETING OF THE

GONZALES CITY COUNCIL AND

GONZALES SUCCESSOR AGENCY
MONDAY, MARCH 4, 2024
6:00 P.M.

CALL TO ORDER
The meeting was called to order at 6:00 PM by Mayor Jose L. Rios.

PLEDGE OF ALLEGIANCE
Mayor Rios led the flag salute.

1. ROLL CALL
Attendee Name Title Status
Jose L. Rios Mayor/Chair Present
Scott Funk Mayor Pro Tem/Vice Chair Present
Liz Silva Council/Agency Member Present
Lorraine Worthy Council/Agency Member Present
Maria Orozco Council/Agency Member Present

YOUTH COMMISSIONERS
Aliyah Castillo.

STAFF PRESENT
City Manager Carmen Gil, City Attorney Michael F. Rodriquez (via zoom), Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, Administrative Assistant II Marisol Gomez, Public Works Director/City Engineer Patrick Dobbins, and Fire Chief Muscio. * Successor Agency Item
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Minutes Acceptance: Minutes of Mar 4, 2024 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
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PRESENTATION

2. Gonzales Community Garden
Recreation Coordinator Jessica Olmedo provided an update on the Community Garden since the Community Gardening Day was approaching. She acknowledged the partners who couldn't be there like Wings of Knowledge, Save the Whales, Workforce Development, CADRE, and RCD of Monterey County.

Kendra Howell, Blue Zones Project, said they were excited about this project and the collaboration with the City. She explained how this project meets the work that the City is doing towards its certification as a Blue Zone Community in the food and environment policies with creating a space for people to gather and grow healthy food.

Dalila Alvarado, Blue Zones Project, explained the role of the Blue Zones Project who was contributing to this Community Garden, the Monterey County Garden Network's main goals, and the mission of the Resource Conservation District of Monterey County.

Recreation Coordinator Jessica Olmedo provided pictures of the project via powerpoint presentation, elaborated on the Save the Whales contribution under a NOAA B-WET Grant, and the timeline of the Community Garden. She invited everyone to the Community Gardening Day Saturday, March 9th from 11:00am - 2:00pm. She mentioned they were going to have tools for anyone who was new to gardening, but those who were familiar with it could bring their own tools.

The Council thanked everyone for their contribution.

BUSINESS FROM THE PUBLIC

3. Business from the Public not on the Agenda; any member of the Public may address the Council for a period not to exceed three minutes on any subject not on the Agenda. The Council will listen to all communications, but may take no action.

Roman Barba wondered if they were going to put containers at the garden and all the parks for dog poop. He complained about a fence on Belden Street which he had asked Taven about and who told the owners about a stop order, but this Saturday they put a high gate. He elaborated on the measurements of the fence and gate, and the notices he has received from the City regarding fences violations. He wondered if the City sent a letter to that owner.

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Minutes Acceptance: Minutes of Mar 4, 2024 6:00 PM (CONSENT AGENDA)

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Henry Martinez Sr. commented about crime around his neighborhood; cops doing a good job but he blamed the administrator in that department. He asked the Council to look into the future when building the big development. He commended the Officers for doing what they do, but we need more Policemen, and we need to get rid of the Captain.

CONSENT AGENDA

4. Approve the Joint City Council and Successor Agency - Regular Meeting - February 20, 2024 Minutes

5. Approve City Accounts Payable Warrants #49851-49932

6. Authorize the City Manager to execute an Agreement Between the City of Gonzales and Hilltop Securities to Provide Broker-Dealer Services Related to the Community Center Complex Project for a Not-to-Exceed Amount of $49,125

7. Authorize the Execution of a Consulting Services Agreement Between the City of Gonzales and Harris & Associates to Prepare the FY 2024-2025 Engineer Reports for Six Assessment Districts for a Not-to-Exceed Fee of $12,566

8. Progress Report on the Wastewater Treatment Plant Emergency Repair Work

9. Consider Approval of Resolution No. 2024-07, A Resolution of the City Council of the City of Gonzales Opposing State Initiative 21-0042A1 Taxpayer Protection and Government Accountability Act; and Support Cal Cities’ Efforts to Oppose it by Providing a Letter of Support RESULT: APPROVED [UNANIMOUS] Consent Agenda Items 4-9
MOVER: Maria Orozco, Council Member
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco

GONZALES YOUTH COUNCIL UPDATES

10. Oral Communications
Commissioner Castillo reported on the work they have been doing with the Greenfield and Soledad's Youth Councils to create a Youth Summit on May 11th; Friday Night Live event with Sun Street Centers and City Chiefs; and the Mental Health Project Manuscript which was officially published.

City Manager Gil acknowledged the Youth Council for all their work. She informed that this was the second time their work had been published in a professional journal, which is an honor because it is a long and rigorous process. She wanted to make sure the public acknowledged the hard work the GYC and its partners continue to do for the community.

Mayor Rios appreciated our youth and said it reflected good on the City, and that's the reason we are an All American City. He thanked them for all their work.

BUSINESS FROM CITY COUNCIL

11. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
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Minutes Acceptance: Minutes of Mar 4, 2024 6:00 PM (CONSENT AGENDA)

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Mayor Rios mentioned he couldn't attend due to an accident he had, but reported on the City of Gonzales being awarded $200,000 for the Safe Routes to School Program but he thought it was supposed to be $250,000. City Manager Gil said staff will look into that. b. Mayor Selection Committee
Mayor Rios reported on a presentation they received from Fred Meurer regarding the importance of military forces and what it means to the local economy. He also talked about the letter the League of California Cities was requesting on the Taxpayer Protection and Government Accountability Act.
c. Salinas Valley Recycles
Council Member Silva announced the next meeting on March 21st at 6pm in the Council Chambers, and the April 6th Salinas Valley Recycles Environmental Fair at the Gonzales Landfill Education Center at 10:00am.
d. Central Coast Community Energy
Mayor Rios reported on the last meeting regarding resource adequacy.

12. Oral Communications
Council Member Orozco reminded everyone about the lenten dinners every Friday, from 5:00pm7:00pm at St. Theodore's Church. She expressed her condolences to the family of Salvador Bañuelos who passed away. Mr. Bañuelos was a Maintenance Worker for the City of Gonzales for 26 years, he was always proud to work for the City, and according to his Wife Marta, it was hard for him to retire.

Mayor Rios asked for a moment of silence to honor Mr. Bañuelos and his many years of service to our community.

A moment of silence was observed by all present.

Mayor Pro Tem Funk thanked the Mayor for observing a moment of silence for Mr. Bañuelos. He also expressed his condolences to the families of King City and its community members for the horrific events that happened. He hoped the many agencies who were working together on that incident find a resolution soon.

Council Member Silva said the Chair Yoga has been a huge success and thanked the presenters.

She mentioned it will go through the end of this month, but hopes they find a place to continue it because she and everyone else have had a good time attending. She announced the Salinas Valley Fair in King City from May 16th- May 19th. She also extended her condolences to King City for yesterday’s tragedy. She congratulated the King City High School Soccer Team for winning the NorCal Championship on Saturday. She announced the Little League Opening Day on March 16th at 10:00am at the Brusa Field. She reminded everyone to get out and vote at tomorrow’s primary.

Council Member Worthy thanked staff for the Chair Yoga program, which she really enjoys. She thanked Public Works Director Dobbins and Public Works Supervisor Twisselmann for helping her with an incident last week with a streetlamp that helped many community members. She brought up the issue of dog poop and asked people to start paying attention to that. She also thanked Fire Chief Muscio and Denise Velasquez for the Narcan distribution, as well as all the volunteers.

Mayor Rios informed about a tree on the south end of Belden Street before C Street that fell over during the storm and pulled wires of telephone and cable, and it also lifted the sidewalk. He asked staff to send a letter to the owners to repair the sidewalk.

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Minutes Acceptance: Minutes of Mar 4, 2024 6:00 PM (CONSENT AGENDA)

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BUSINESS FROM CITY MANAGER

13. Oral Communications
City Manager Gil reported she and Public Works Director Dobbins met with a Caltrans’ Investigator last Wednesday at the bridge area where they were investigating the traffic and issues on the bridge, and they also got to witness the traffic backup issue and other hazardous conditions there. She mentioned Caltrans was supportive of a follow up Project Improvement Plan for that area. She announced the Community Gardening Day on March 9th from 11:00am - 2:00pm; Car Show on April 20th from 1:00pm - 4:00pm; Community Center Groundbreaking Ceremony on April 27th at 1:00pm and the GHS Band will join the event. She added that people will not be able to use the parking area after April 29th.

Fire Chief Muscio thanked all the partners who participated at the Narcan distribution event, the Police Department, Sun Street Centers, School District, Martin and Trini, Julie, Grupos Unidos, and the Youth Council, and said they were able to distribute 96 kits. He mentioned that Narcan will be available starting tomorrow to the public free of charge at City Hall and Fire House and there will be training available.

Public Works Director Dobbins reported on the construction documents submittal for the Community Center for building code review, which was a big milestone.

ADJOURNMENT
RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco The meeting was adjourned at 6:45 PM.

ATTEST:

Mary Villegas, Deputy City Clerk
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Minutes Acceptance: Minutes of Mar 4, 2024 6:00 PM (CONSENT AGENDA) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 10:53 am
Date: 03/01/2024
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
49933 03/01/24 Printed 4343 4LEAF, INC. Bldg Plan Review Services 2,511.73 AGILE OCCUPATIONAL 834.00

MEDICINE PC
49934 03/01/24 Printed 4362 Pre-Employment Physical
ALVAREZ TECHNOLOGY 2,086.12
GROUP, INC.
49935 03/01/24 Printed 3893 New Computer Part
49936 03/01/24 Printed 137 AMERICAN SUPPLY CO. Janitorial Supplies 677.95 49937 03/01/24 Printed 911 ANDREWS BLUEPRINT INC Improvement Plans Scan 57.36 49938 03/01/24 Printed 341 PATRICK ASKEW Retiree Medical Insurance March 2024 361.00 49939 03/01/24 Printed 86 AT&T Telephone Charges 1/23/24 - 2/22/24 1,298.75 49940 03/01/24 Printed 3168 AUTOZONE INC. Vehicle Maint. Supplies 628.73 BANUELOS ENTERPRISES, 200.00
INC.
49941 03/01/24 Printed 1054 Towing Services
49942 03/01/24 Printed 3526 BRYAN EQUIPMENT CO. VP Jug & Hose 141.16 49943 03/01/24 Printed 372 CALBO CALBO Training 725.00
49944 03/01/24 Printed 1821 CSK AUTO, INC. PW Class In Person 294.68 CYPRESS COAST FORD 199.11

LINCOLN
49945 03/01/24 Printed 4063 Vehicle Maint. Supplies
49946 03/01/24 Printed 3028 D & J TIRE SERVICE Tire Replacement 439.77 DARREL VARNI ELECTRIC, 1,358.22
INC
49947 03/01/24 Printed 4354 Generator & Power Repair - Firehouse DE LAGE LANDEN PUBLIC 24,855.33

FINANCE
49948 03/01/24 Printed 2895 Solar Lease 11/15/23 - 12/14/23 DE LAGE LANDEN PUBLIC 24,855.33

FINANCE
49949 03/01/24 Printed 2895 Solar Lease 12/15/23 - 1/14/24 DE LAGE LANDEN PUBLIC 24,855.33

FINANCE
49950 03/01/24 Printed 2895 Solar Lease 1/15/24 - 2/14/24 49951 03/01/24 Printed 3697 ESO SOLUTIONS, INC. Reporting Software 2,490.00 GOLDSTAR BUICK PONTIAC 309.48
GMC
49952 03/01/24 Printed 1084 PW#10 Maint.

GONZALES ACE HARDWARE 367.34
INC.
49953 03/01/24 Printed 3274 Door Latch
49954 03/01/24 Printed 1109 GONZALES UNIFIED SCHOOL Gym Use - Dec. 2023 1,152.86 GREEN VALLEY FARM 166.39
SUPPLY
49955 03/01/24 Printed 1319 PPE
GROWER-SHIPPER 1,950.00

ASSOCIATION
49956 03/01/24 Printed 3256 AgKnowledge Class Tuition
GRUPOS UNIDOS DE 3,000.00

GONZALES
49957 03/01/24 Printed 4765 Community Action Grant Dia del Nino 49958 03/01/24 Printed 2818 JARVIS FAY LLP. Legal Fees 17,887.00 49959 03/01/24 Printed 449 JOHNSON ASSOCIATES Generator Maint. 47.47 49960 03/01/24 Printed 3828 LYNN A. KOVACH WWTP Survey 4,225.00 49961 03/01/24 Printed 4426 JOSHUA MACIAS Per Diem: ICI Core Course 3/4/24 - 400.00 3/15/24
49962 03/01/24 Printed 4411 JOHN ANTHONY MENA JR. Youth Basketball Uniforms 1,127.64 49963 03/01/24 Printed 72 MISSION UNIFORM SERVICE Towels & Mats 858.85 49964 03/01/24 Void 03/01/24 Void Check 0.00
49965 03/01/24 Printed 245 MONTEREY COUNTY HEALTH Testing - Nov. & Dec. 18,580.95 49966 03/01/24 Void 03/01/24 Void Check 0.00
49967 03/01/24 Printed 91 P. G. & E. Utilities 10,502.86 PUBLIC AGENCY 506.71

RETIREMENT
49968 03/01/24 Printed 3194 PARS Admin Fees
PUEBLO UNIDO DE 2,500.00

TATEPOSCO-LUDA
49969 03/01/24 Printed 4248 Community Action Grant Cinco de Mayo 49970 03/01/24 Printed 2790 RDO EQUIPMENT CO. JohnDeere Tractor & Implements 82,207.05 49971 03/01/24 Printed 2685 SC FUELS Fuel 318.48
SCHAAF & WHEELER, 2,727.50

CONSULTING
49972 03/01/24 Printed 3894 Engineering Support
49973 03/01/24 Printed 2449 SMITH & ENRIGHT February Landscape Maintenance 6,893.25 49974 03/01/24 Printed 3670 T-MOBILE City Cell Phones Acct # 963044810 961.56 49975 03/01/24 Printed 3670 T-MOBILE Hotspot # 1 - Feb. Acct # 967822032 4,566.17 49976 03/01/24 Printed 3670 T-MOBILE Hotspot # 2 - Feb. Acct # 967822590 2,275.50 AGENDA
ITEM
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Attachment: Warrants #49933-49983 (2943 : Approve City Accounts Payabe Warrants #49933-49983) 4 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 2
Time: 10:53 am
Date: 03/01/2024
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
49977 03/01/24 Printed 3577 U.S. BANK 2/6/2024 City Hall Acct # 4866 9145 5550 3,081.27 8537
49978 03/01/24 Printed 3410 ULINE, INC. Dog Waste Bags 515.96 UNION PACIFIC RAILROAD 250.00

COMPANY
49979 03/01/24 Printed 434 5 Year Land Lease 10th & Alta 49980 03/01/24 Printed 3471 VERIZON WIRELESS Cellphones - January Acct # 304.08 742128049-00001
49981 03/01/24 Printed 99 VOSTI'S, INC. Battery 400.13
WATER AWARENESS 1,000.00

COMMITTEE OF
49982 03/01/24 Printed 4764 WAC 2024 Membership Dues
WINZER FRANCHISE 365.06

COMPANY
49983 03/01/24 Printed 3615 Vehicle Maint. Supplies
Total Checks: 51 Checks Total (excluding void checks): 258,318.13 Total Payments: 51 Bank Total (excluding void checks): 258,318.13 Total Payments: 51 Grand Total (excluding void checks): 258,318.13 Packet Pg. 9
Attachment: Warrants #49933-49983 (2943 : Approve City Accounts Payabe Warrants #49933-49983) The City kicked off the year in a good way! In February, we were notified by the Monterey County Business Council that the City is being awarded its Government Award at their 28th Annual Gala.

This year, they are highlighting “Community Builders who have played a pivotal role in making a positive impact through housing initiatives”. We are honored to be recognized for our steadfast work on policies that support housing so that we can finally get homes built in our community.

Dennis and Janice Caprara Community Center Complex
• We expect to have the 100% construction documents submitted to us by March, leading us right into the start of the construction of Phase I in April. Make sure to mark your calendars for the groundbreaking scheduled for April 27th at 1:00pm at the site. • If you still haven’t checked out the fly-through video, scan the QR code below to see what the Center is going to look like once it is fully constructed. • Staff continues to work on the Capital Campaign to secure the rest of the funding needed for Phase II. Currently, we have $6.6 million secured in pledges and contributions out of the $10 million dollar goal that was established.
• If you are interested in making a donation or for more information, please visit the Community Foundation’s website (www.cfmco.org) and type in Gonzales Community Center in the search box. Donations made through their website are secure and will come directly to our Community Center fund.

Economic Development and Revenue Generation
• City Staff has been busy working on grants to bring in funding. In February, we submitted a large grant request for the Fire Department. If awarded, it will support the purchase of a new fire apparatus.

City of Gonzales
City Manager Report
February 2024
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Attachment: City Manager Report - February (2939 : City Manager Report - February) AGENDA
ITEM
5 • Staff is also working to support businesses that are interested in establishing themselves in our community.
• On February 22nd, staff met with representatives from South County to strategize on potential business opportunities. We are connecting with representatives of the County and our neighboring Cities to attract businesses to our local communities.

Housing
• Our draft 6th Cycle Housing Element was submitted to the State in February. Now we wait to see what the State says. They can either approve it or get back to us with more questions. • The Visita Lucia Housing Environmental Impact Review (EIR) is currently open for public comment. The public comment period closes on March 19th. • Economic Development staff has approved an ADU that will soon be under construction.

Community Engagement
• City staff continues to partner with the Blue Zones Project, Olinga Learning, and others to bring a Community Garden to the community. The Community Garden will cover the empty lot next to the Skate Park and the Gonzales Pool. We are excited about the opportunities it will bring the community and the partnerships that are supporting this project. We have received the donated planters and the community planting day took place on March 9th. We will be hosting more planting days in the future and hope that the community will help us take care of the garden.
• On February 28th, staff met with Caltrans’ Transportation Engineer, Frank Boyle, P.E. to discuss potential solutions to the issues on the 5th St. Bridge. City leadership and Frank examined the traffic congestion and the issues on the bridge. We are exploring potential partnerships to help address some of the issues there.

Save the Date for the upcoming events:
• April 20th - Gonzales Car Show
• April 27th at 1:00pm - Dennis and Janice Caprara Community Center Complex Groundbreaking Ceremony
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Attachment: City Manager Report - February (2939 : City Manager Report - February) City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: March 18, 2024
FROM: Carmen Gil, City Manager
SUBJECT: Community Engagement & Recreation Departments Activity Report Current Activities
Kid Power
• For the month of February, Kid Power had a total of 30 students attend. We had many special days to celebrate including Ground Hog Day, Valentines Day, Leap Year, and Presidents’ Day. • For Ground Hog Day, we learned about shadows and talked about the significance of the ground hog being able to see their shadow. The kids also had the opportunity to decorate a cupcake that had little bears to represent the ground hog. We also read a book about Ground Hog Day.

Valentine’s Day was another fun day. The kids did lots of arts and crafts and made gifts for their parents. They also got a heart shaped cupcake and cookie to decorate and a little goodie bag with some fun Valentine’s Day activities. Last was leap year; the kids were very interested in the history of leap year. Lincoln and Washington’s birthdays were this month as well, so we learned a little about each President and what number Presidents they were. We also did a little American flag craft for Presidents’ Day.

AGENDA
ITEM
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City Sports League
• The City of Gonzales Youth Basketball League ended this month for divisions Pre-K through 5th Grade. Our last games for those age divisions were on Saturday, February 24th. Medals and certificates were handed out to all participants. Coaches also received a little appreciation token.

Some coaches received an engraved whistle or an engraved key chain. A little “thank you” for all their dedication and hard work. Our oldest age division which is our all-boys 6th- 8 th Grade teams
will continue to March 9th. Their last game will be a competition between Gonzales and Soledad.

The season was a successful one.
• Due to popular demand, the City has scheduled an Appreciation Basketball Game with the basketball coaches and referees. It is a friendly game of basketball to end the season. The game will be played next month. The Appreciation Game started last year. This gives coaches and refs a chance to play and have fun. Coaches requested it again this year. It looks like it will be an annual thing.
• The City of Gonzales Mini T-ball registration is going slowly. For this month, we have had 12 participants register so far and two volunteer registrations. Registration for Mini T-Ball will end on March 22, 2024. The staff is sure there will be enough participants for four teams, including coaches.
• South County Girls Softball League registration is still going. We will have an U8 team and possibly two 10U age teams. For this month, between the two divisions of U8 and 10U, we had 34 registered participants. We have enough participants so far for one full U8 and a 10U team.

We may even get enough for two 10U teams. Our numbers for 14U do not look good. There are only two registrations so far. We have eight volunteers currently: two head coaches, four assistant coaches and two team parents. Registration ends on March 8, 2024. • San Andreas Regional Center contacted the Sports Recreation Department to discuss community outreach for residents with special needs and a possible collaboration with them in Social Recreation. Staff met with a representative of San Andreas Regional, Francisco Valenzuela, in person to discuss some of the possibilities. A zoom meeting is scheduled for March 7th, to go over further details for all interested cities.

Gonzales Youth Council
• For the month of February, the GYC met with the Design-Build team to discuss the final overview of the Community Center. The students were able to view the interior and exterior samples and provide their opinions on the overall layout.

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• The GYC met with the YC from Soledad and Greenfield via zoom on February 3rd to discuss the Youth Summit.
• On February 20th- 22nd, the GYC went live with one of their action projects, hosting a Drug Prevention Week during their lunch hour at Gonzales High School. Some of the partnering organizations that came out included: Friday Night Live, Sun Street Centers, and the Gonzales Fire Department.

Recreation/ Community Engagement
• On February 7th, staff met with Jairo Hernandez, from the Monterey County Health Department and Jody Rogers from Alliance on Aging to discuss additional opportunities for senior programming, some of which include art, cooking, and dance classes. • On February 7th, the Recreation Department also attended the monthly Gonzales Collaborative, hosted by Candice Camacho from the Gonzales Unified School District. • In February, we kicked off the Chair Yoga program, a program made possible through a partnership with the Blue Zones Project. A Gonzales native, Vivian Leyva, is teaching the 8-week course. We are very pleased with the participation from the community, and are currently looking into potentially extending the class until the end of May. • The City of Gonzales continues to meet with partnering organizations in preparation for our Community Garden that will be in the empty lot next to the Gonzales Community Pool. As of now, the Blue Zones Project was able to secure seven trees and three garden beds, Save the Whales was able to purchase two sheds, and Wings of Knowledge will be working on installing irrigation throughout the area to help maintain the garden. Monterey Community Advocacy Resilience Empowerment (CADRE) will be creating a walking path made from decomposed granite. We will be hosting our Community Gardening Day on Saturday, March 9th from 11:00am – 2:00pm.

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Activities in the Planning Phase
• The Recreation Department continues to plan for the Car Show taking place on Saturday, April 20th.
• The Recreation Department is beginning to plan for Aquatic and Summer Camp Positions, and will begin to advertise for hiring at the end of March 2024. • The GYC will be meeting at Greenfield City Hall on Friday, March 1st to further discuss the planning phase of their Youth Summit, in collaboration with the City of Greenfield and City of Soledad.

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City of Gonzales

FIRE DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: March 18, 2024
FROM: Jason Muscio, Fire Chief
THROUGH: Carmen Gil, City Manager
SUBJECT: Fire Department Activity Report

RESPONSES
There were 78 calls for service during the month of February, including 30 EMS calls, 5 vehicle accidents, 15 service calls, 16 calls cancelled in route, 4 hazardous conditions, and 8 false alarms. The 2024 year to date total is 158 which is a substantial increase over the same period in 2023. The Fire Department provided mutual aid to our neighboring agencies twice during the month of February.

DEPARTMENT OPERATIONS
All full-time positions are currently filled, and we have two active Volunteer Firefighter who continue to work shifts as time allows. A Volunteer Firefighter applicant began the selection process and completed both the background check and physical examination before withdrawing from the process to take an offer for full time employment with another agency. Staff is currently planning to begin active recruitment for a full-time position as there is a potential vacancy in our full-time staff expected in the next two months. All fire apparatus are in service at the time of this report. Engine 8112 was removed from service for three days for repairs to the coolant system. Both our pumping apparatus require repairs to the fire pumps that were identified during annual pump testing, those repairs will be made as time and funding allow. Personnel continue to conduct readiness drills on the company level, including fire ground and water supply operations.

PREVENTION
Four annual business fire inspections were conducted during the month. The Fire Chief and the Building Official performed a farm labor housing inspection on the Vincent Hotel. Additional inspections will be scheduled in March. The Fire Department conducted two smoke detector installations through our partnership with the Red Cross.

AGENDA
ITEM
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GRANTS
Staff continues to pursue grant opportunities including an application for the Assistance to Firefighters Grant (AFG). If awarded, this grant would fund the purchase of a new fire engine. Staff is also preparing applications for several smaller grants, which would be used to purchase needed equipment.

COMMUNITY ENGAGMENT
The Fire Department participated in the drive through NARCAN distribution event in cooperation with Sun Street Centers, the School District, Grupos Unidos, Gonzales Police Department, and the GYC. We were able to distribute 96 NARCAN kits to the community and educate the public on use and prevention.

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City of Gonzales

POLICE DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: March 18, 2024
FROM: Keith Wise, Chief of Police
THROUGH: Carmen Gil, City Manager
SUBJECT: February 2024 Activity Report
Crime and Arrests
The Gonzales Police Department investigated 10 Part I Crimes (Homicide, Robbery, Theft, Burglary, Rape, Assault and Motor Vehicle Theft) during the month of February 2024. During the same time last year, there were 8 Part I Crimes investigated.

During the month of February 2024, Officers made 5 arrests. During the same time last year, there were a total of 15 arrests.

Calls for Service
The Department responded to 613 calls for service in February 2024. There were 58 crimes, accident, and information reports taken during the month.

Animal Control
During the month of February 2024, the Animal Control Officer (ACO) provided the following services:

Animal
Control
Trapped/Stray Dead Injured Bite Cases Returned to
Owner
Transported
to the SPCA
Cats 0 4 1 0 0 0
Dogs 3 0 0 0 0 2
Total = 3 4 1 0 0 2
AGENDA
ITEM
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Significant Cases
Although the Police Department responded to 613 calls for service during the month of February 2024, the most significant cases involved 10 Part I crimes. 0- Homicide 0 - Rape, 0 - Robbery, 2 - Assault, 2 - Burglary, 5 - Larcenies, and 1 -Stolen Motor Vehicle Thefts.

Training
The Department continues to conduct in-house training.

On February 20, 2024, department staff attended a zoom Sun Street Centers multi-city online training on Narcan use and distribution.

Sergeant Melgoza and Officer Fierros attended a Defensive Tactics/Arrest Control training on February 29, 2024, in San Jose, Ca.

Other
Department staff participated in a Narcan drive through distribution event at the Gonzales High School on February 25, 2024.

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City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: March 18, 2024
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Public Works/City Engineer Department Activity Report

BUILDINGS
Community Center Complex Project – WRNS (Project Architect) submitted 100% Construction Document plans for city review on 1/19/2024 (on schedule). City staff and contract Building Official reviewed the submittal and provided comments to WRNS. Staff presented a progress report at the 2/05/2024 Council meeting. On 2/07/2024 the Design Build team met with County Library staff on design updates. The project is on track to start construction by 4/29/2024 and staff is planning on a Groundbreaking Ceremony for 4/27/2024. UPDATE: The Otto/WRNS team submitted the 100% Construction Documents (plans and technical specifications) on 2/28/2024. The documents were uploaded for building code review by 4Leaf, contract building dept staff.

WASTEWATER

1. Industrial Wastewater (IW) System – Construction documents for the IW Conveyance and Treatment Facility were completed in September 2022. Staff and real estate appraiser are finalizing the temporary and permanent easements needed for the pipeline contract. City staff is coordinating with the State Water Resources Control Board regarding the City’s State Revolving Fund loan application (most recent virtual meeting was 12/15/2023). On 1/11/2024, SWRCB staff emailed city staff the SRF Agreement is with their Contract Department, and it will take three to four months for them to email us the SRF Agreement. UPDATES: Staff received proposals from four consultant firms to provide Program and Construction Management services on the IW System and related wastewater efforts. Staff is presenting a report a the 3/18/2024 Council meeting with a recommendation to engage a consulting firm to provide Program and Construction Management services.

AGENDA
ITEM
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2. Wastewater Treatment Plant Repairs – At the 2/05/2024 meeting, the City Council authorized emergency work to repair the berms and improve the percolation at the disposal fields. This was based on staff observing the percolation of treated wastewater in the three disposal fields slowed over the last two weeks due to a higher water table because of the higher-than-normal rain last year and this winter’s rainfall. Staff engaged Swift Tectonics to regrade the berms at the disposal fields that should restore the capacity of the disposal fields. Staff also had Rain 4 Rent to provide and install a temporary pipeline to pump treated wastewater from the disposal fields to the emergency overflow basin near the WWTP headworks. UPDATES: Swift Tectonics has nearly completed the grading work and Rain4Rent removed the temporary pipeline and pump WATER

1. Johnson Canyon Parallel Waterline – A design contract with Schaaf & Wheeler was approved at the 6/20/2023 Council meeting. The contract was executed, and a kick-off meeting was held on 6/29/2023. UPDATES: The 90% Design Submittal was received on 12/22/2023. Staff reviewed the submittal and provided Schaaf & Wheeler with our comments. We plan to issue the project for public bid by 3/29/2024.

2. Alpine Court Water/Sewer Service – At the 8/07/2023 meeting, the City Council approved submitting grant agreements with the State Water Resource Control Board (SWRCB) to fund construction of extending water and sewer service from Gonzales River Road to Alpine Camp. Staff submitted the grant application for construction for the project. In December 2023 SWRCB staff advised city staff that funding was not available for the project this fiscal year.

ROADS

1. Fifth Street Truck Ban – This project was issued for public bid on 7/17/2023 and one bid was received and opened on 8/17/2023. The submitted bid was double the $35,000 estimate by the designer, so the project will be rescoped and additional funding must be identified to install the signs.

2. Safe Routes to School Steering Committee – The community member Steering Committee led by TAMC staff continues to hold their monthly meetings.

3. Monterey Salinas Transit Circulator – Over the last two years, MST staff has coordinated with city staff to replace the Dial-a-Ride Service with a fixed route bus service in Gonzales. MST and city staff met on 10/09/2023 and drove the proposed route to observe the various stops and developed some adjustments to the bus route. On 1/03/2024 staff emailed our review comments on the 60% design submittal to MST staff. MST’s design consultant is working on the 90% design submittal.

UPDATE: MST staff will present the project at the 4/01/2024 Council meeting.

PARKS

1. Meyer Park – Staff has coordinated numerous maintenance items over the last several months including fixing light fixtures, replacing uplifted sidewalk, pruning trees, and replacing the rubber mulch under the swings with wood fiber. We are working with MST on installing a bus shelter that the City and MST will split the cost for. UPDATES: On 1/24/2024 staff met with residents of the California Breeze Subdivision and discussed park maintenance and some improvements. They were made aware of the need to increase the Parks/Open Space Assessment to fund any improvements.

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SOLID WASTE

1. Quarterly Tri-Cities Franchise Agreements Meetings – Staff from the Salinas Valley Solid Waste Authority, Tri-Cities Disposal & Recycling and the cities of Gonzales, Soledad, and Greenfield meet on a quarterly basis to discuss the various waste collection programs (commercial accounts, food waste, organic waste), compliance with latest state regulations, public outreach and education, customer surveys, etc.

2. On 3/17/2023 the Salinas Valley Solid Waste Authority issued a Request for Proposals for Collection of Solid Waste, Recyclables and Organic Waste. The RFP includes compliance with the recent State mandates such as AB 341, AB 1826, and SB 1383. Three proposals were received by the 6/30/2023 deadline. Staff from the four cities reviewed the proposals and ultimately decided to negotiate a fiveyear contract extension with Tri-Cities Disposal & Recycling

DEVELOPMENT PROJECTS

1. Vista Lucia Development (City’s Sphere of Influence - East of US 101) a. Psomas developed a capital program of improvements to convey sewage from the SOI to the City WWTP for treatment and provided the draft technical memo in Mid-November for staff’s review.

The Final Technical Memorandum was submitted in April 2022. b. Staff has drafted a Request for Proposals to engage a consultant to prepare the PSR-PDS documents for the North Alta/US 101 Interchange.
c. Staff is working with the contract Planner on items in the draft Development Agreement.

2. Rianda Cooler Development Project (Gloria Road) – This project received final approval at the 9/25/2023 LAFCO meeting. PGE is not able to provide the power needed to operate the facility until December 2025. UPDATE: Since 1/02/2024 staff has emailed PGE Government Affairs staff multiple times asking for assistance and for a meeting without receiving anything beyond a courtesy reply.

OTHER PROJECTS

1. South Salinas Valley Broadband Authority – On 7/05/2023, the City received the High-Level Design package funded by the $250,000 CPUC Local Agency Technical Assistance grant. In October 2023 Tilson Technology (network design consultant) began the Low-Level Design for installation of 40 miles of fiber optic cable in Gonzales. Staff is working with Tilson Technology on siting a fiber hut for the fiber optic cable and connectivity components at the city Corporation Yard.

2. GIS – City staff continues to work on a GIS mapping system by inputting field data for water, sewer and storm drainage systems. Our water and wastewater consultants are using GIS to develop capital improvement projects to serve the proposed development projects in the SOI. GIS Staff with AMBAG is supporting our efforts including coordinating with County GIS staff to obtain additional mapping layers. Staff purchased several iPads for use by Public Work field personnel. In February 2024, staff engaged a new GIS support consultant, and we are holding bi-weekly meetings with them.

3. Transportation Agency for Monterey County – Patrick Dobbins attends the monthly Technical Advisory Committee meetings and is the Chair of the Technical Advisory Committee for 2024.

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PUBLIC WORKS OPERATIONS AND MAINTENANCE

WASTEWATER
Staff performed testing and daily inspections of the influent and effluent at the wastewater treatment plant. Staff spent most of February at the wastewater treatment plant performing weed control, pumping water from discharge Field C to the emergency pond. Staff pumped water from discharge Field B to Field C, while Swift Tectonics performed emergency repairs on the discharge fields and levees.

Before and after work on the levees.

WATER
Staff continue to perform testing and maintenance on the water system. Staff is actively mapping the water and sewer system for GIS.

STORM WATER
Staff have been clearing debris after each storm. Staff have been able to maintain the streets and stormwater system and keep flooding from happening in the hot spot areas in town.

PARKS
Staff mow turf areas in city parks on a bi-weekly basis during storm season. Staff cleans restrooms, cleans trash, and makes repairs in parks regularly. The skate park has been repaired under the warranty with American Ramp Company.

Staff has been working on the community garden including installing irrigation lines as-needed. Staff built planter boxes and supervised the installation of the new pathway. Blue Zones secured CADRE- a group of young adults ages 18-24 looking for work experience, to install the pathway at the new Community Garden site.

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Staff building garden beds and working on irrigation.

Cadre building pathway. Cadre and PW staff planting the orchard.

CANYON CREEK & MEYER PARKS
Staff continue to clean the restrooms and grounds at Meyer Park. Staff has been placing rodent repellant at Meyer Park to maintain the squirrel population. Staff is using a safe non-toxic product that uses pheromones to chase squirrels away.

GOVERNMENT BUILDING
Staff continue to maintain all city owned buildings. Staff cleans the Vosti Center restrooms daily. Staff cleans the Council chambers weekly.

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STREETS
Staff has been busy filling potholes after the recent storms. With wet weather coming to a close, staff will begin street striping again.

EVENTS
Staff helped get the Community Garden prepared for opening day.

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City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: March 18, 2024
FROM: Carmen Gil, City Manager
SUBJECT: Resolution No. 2024-08 Appointing Member to the Measure K Committee

RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2024-08, A Resolution of the City Council of the City of Gonzales Approving the Appointment of a Public Citizen to the Measure K Oversight Committee Filling a Current Vacancy and Replacing a Member Whose Two-Year Term Ended, and Setting the Terms to Expire Two Years from the Effective Date of this Resolution.

BACKGROUND
The Measure K Committee currently has three openings. Erin Askew is a long-time resident of Gonzales (See application attached as Exhibit A for more information). Erin’s application was approved and recommended for appointment by the Measure K Committee at their meeting of February 26, 2024.

REVIEW AND ANALYSIS
The Measure K Committee was formed in 2014 with the passage of a one-half percent (0.5%) transactions and use tax (TUT). With its passage came the formation of a 7-member Oversight Committee to ensure fund transparency. For accountability purposes, it is imperative that we do our best to keep a full committee at any given time. With Erin Askew’s appointment we will still have another two seats left to fill. The Committee is working to fill one of them with a local youth.

Duties and Commitments
The Measure K Committee is responsible for the oversight of the TUT funds, they make budget recommendations to the Council on how to prioritize spending it, as well as oversee the Community Action Grants program.

AGENDA
ITEM
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How Recommendation Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.

Explain: The Measure K Committee works to support the City’s Vision by ensuring that TUT funding expenditures are aligned with the City’s Vision and Mission.

Explain: Please see explanation above for the Mission.

City services will be delivered in a cost-effective, respectful, and friendly manner to insure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.

Explain: Please see explanation above for the Vision.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: Measure K (TUT) funding can support a variety of programs and projects that pertain to all of the policies mentioned above.

BUDGET IMPACT
There is no impact to the budget.

CONCLUSION
It is recommended that the City Council adopt Resolution No. 2024-08, A Resolution of the City Council of the City of Gonzales Approving the Appointment of a Public Citizen to the Measure K Oversight Committee Filling a Current Vacancy and Replacing a Member Whose Two-Year Term Ended, and Setting the Terms to Expire Two Years from the Effective Date of this Resolution.

Attachments:

1. Application from Erin Askew

2. Resolution No. 2024-08
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Name:

Position Applied for:

Address:

The Gonzales Quality of Life
Temporary Transactions and Use Tax
Oversight Committee
(Applic;:ation for Appointment)
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Briefly state why you want to serve on the Oversight Committee, and what are your qualificattons for this appointment?
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Page 1 of 2 ends

RESOLUTION NO. 2024-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

APPROVING THE APPOINTMENT OF A PUBLIC CITIZEN TO THE MEASURE K

OVERSIGHT COMMITTEE FILLING A CURRENT VACANCY AND REPLACING A

MEMBER WHOSE TWO-YEAR TERM ENDED, AND SETTING THE TERMS TO

EXPIRE TWO YEARS FROM THE EFFECTIVE DATE OF THIS RESOLUTION WHEREAS, the Measure K Oversight Committee currently has three vacant positions as three Committee members’ terms have expired; and
WHEREAS, the Measure K By-Laws describe the process for filling vacant or termed-out positions that occur on the Committee; and
WHEREAS, the Measure K By-Laws states that the Mayor and City Council shall each appoint one member of the public to serve on the Committee. Each appointment from the Mayor and Councilmember will need to be ratified by the full City Council; and WHEREAS, other than the two City Council Committee members, Committee members shall be appointed for a term of two years. However, if a vacancy occurs other than by expiration of term, it shall be filled by appointment for the unexpired portion of the term; and WHEREAS, the Measure K By-Laws states that a Committee member may be reappointed after one year off the Committee; and WHEREAS, the Community Development Director only received only one application after numerous attempts to recruit members to the Committee; and WHEREAS, the interested citizen is Erin Askew; and
WHEREAS, it is recommended that the Council consider appointing Erin Askew to the Committee; and
WHEREAS, in searching for candidates to fill the three positions, the City advertised the vacancy on the City’s kiosk system, the City’s social media pages, City’s Website and by word of mouth.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Gonzales, as follows:

Section 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

Section 2. The City Council acknowledges the receipt and acceptance of Erin Askew’s application for the Measure K Committee.

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Attachment: Resolution No. 2024-08 (2941 : Resolution No. 2024-08 Appointing Member to the Measure K Committee)

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Section 3. The City Council approves the appointment of Erin Askew to the Committee to serve a two-year term, effective the approval of this Resolution.

PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 18rd day of March 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_______________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
___________________________
Mary Villegas, Deputy City Clerk
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Attachment: Resolution No. 2024-08 (2941 : Resolution No. 2024-08 Appointing Member to the Measure K Committee) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: March 18, 2024
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: Vista Lucia Specific Plan EIR – Amendment #4

RECOMMENDATION
Staff recommends approval of, and the City Manager be authorized, to execute Amendment #4 to the Consulting Services Agreement between the City of Gonzales and EMC Planning Group for Preparation of the Vista Lucia Specific Plan EIR – Final Push to Final Environmental Impact Review and Public Hearings. This amendment addresses the remaining scope of work, the remaining account balance and expenses to come, and an extension of the time frame to include a few more months ending on December 31, 2024.

BACKGROUND
Amendment #3 to the scope of work (City Council action on October 16, 2023) acknowledged that existing funds tasked to the FEIR preparation and for Public Hearings by EMC would be used to prepare a formalized re-draft and update of the Draft Environmental Impact Review (DEIR) to reduce errors or the need for corrections as two-years had passed since the first draft DEIR was made public.

This was a sound practice, but now the EIR scope of work needs to updated for the coming FEIR preparation and for Public Hearings by EMC Planning Group. EMC estimates that the original amounts for two these tasks as described in the original contract and continued through Amendments #1, and #2 will be sufficient to complete their responsibilities. • Response to Comments (FEIR) $ 16,830.00
• Public Hearing participation x 2 Meetings $ 7,155.00
AGENDA
ITEM
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Extension of Time
The present end of the contract falls on June 30, 2024 (set in Amendment #2). As we anticipate getting through City Council in the Summer and Fall of this year and then moving to LAFCo, it seems prudent to add a few months to the contract term. This Amendment #4 will extend the term of EMC’s contract to December 31, 2024.

REVIEW AND ANALYSIS
Glenn Pace, Manager of Pembrook Group on behalf of the Cielo Grande Ranch LLC. has acknowledged and agreed to the scope of work of Amendment 4, actual and expected expenses and the extended timeline. The additional scope of work (Amendment #4) and the willingness to pay from the applicant are attached, as well as the original contract and Amendments #1 and #2.

Explain the Recommendation and How it Supports the Vision Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.

Explanation: Staff and the environmental consultant are working collaboratively to have a strong and defensible Environmental Impact Report for the Vista Lucia Specific Plan Project.

Explanation: Please see the Vision above.

City services will be delivered in a cost-effective, respectful, and friendly manner to ensure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.

Explanation: Amendment #4 to the Consulting Services Agreement between the City of Gonzales and EMC Planning Group for preparation of the Vista Lucia Specific Plan EIR is cost-effective without burden to the City in that the developer interest has agreed to pay for these environmental services in furtherance of their development proposal, subject to the provisions of the existing Reimbursement Agreement with the City.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No X N/A
• Housing X Yes No N/A
• Recreation Yes No X N/A
• Environment X Yes No N/A
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• Education Yes No X N/A
Explanation: Please see the Vision above.

ALTERNATIVES
The City Council could opt not to approve Amendment #4, effectively stopping the EIR processing of responses to comments and moving to public hearings.

BUGET IMPACT
There is no budget impact associated with Amendment #4. A Reimbursement Agreement is already in place with the specific plan interests who have demonstrated a willingness to pay for the new scope of work.

CONCLUSION
Staff recommends approval of, and the City Manager be authorized, to execute Amendment #4 to the Consulting Services Agreement between the City of Gonzales and EMC Planning Group for Preparation of the Vista Lucia Specific Plan EIR - Final Push to Final Environmental Impact Review and Public Hearings.

Attachments:

1. Authorization for VLSP EIR Amendment #4. Scope & Developer's acknowledgment

2. VL Complete CA #3 VMT Update-1

3. Amendment #2 for VLSP EIR

4. Fully Executed Contract Amendment #1

5. Resolution 20-06 Contract with EMC Planning Group
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Attachment: Authorization for VLSP EIR Amendment #4. Scope & Developer's acknowledgment (2937 : Vista Lucia Specific Plan EIR – Packet Pg. 35
Attachment: Authorization for VLSP EIR Amendment #4. Scope & Developer's acknowledgment (2937 : Vista Lucia Specific Plan EIR – Packet Pg. 36
Attachment: Authorization for VLSP EIR Amendment #4. Scope & Developer's acknowledgment (2937 : Vista Lucia Specific Plan EIR – September 29, 2023
Taven Kinison Brown
Community Development Director
City of Gonzales
147 Fourth Street
Gonzales, CA 93926
Re: Vista Lucia Specific Plan Project EIR – Contract Amendment Request #3 New Vehicle Miles Traveled (VMT) Analysis Consistent with the City’s Adopted VMT Policy
Dear Taven:

This is a request to amend our contract to include a new vehicle miles traveled analysis consistent with the City’s adopted vehicle miles traveled policy (October 2022). A budget spreadsheet is attached, along with Hexagon’s scope of work.

We would need a formal contract amendment approval from the City to execute this change. If you have any questions, please do not hesitate to contact me.

Sincerely,
Ron Sissem
Senior Principal
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Attachment: VL Complete CA #3 VMT Update-1 (2937 : Vista Lucia Specific Plan EIR – Amendment #4) Vista Lucia Specific Plan Project EIR - Contract Amendment #3 Budget Task EMC Planning Group Inc.

Staff
Senior
Principal
Assistant
Planner
Total
Hours Total Cost
Billing Rate (Per Hour) $250.00 $125.00
Coord, Manage, Review/Edit New VMT Analysis + CA Prep 10.0 1.0 11.0 $2,625.00 Incorporate New VMT Anaysis into Screencheck Draft EIR 8.0 2.0 10.0 $2,250.00 Subtotal (Hours) 18.0 3.0 Total Hours Total Cost
Subtotal (Cost) $4,500.00 $375.00 21.0 $4,875.00
Additional Costs
Production Costs
Travel Costs
Postal/Deliverables
Miscellaneous
Administrative Overhead 10%
Total
Subconsultant Fees
Hexagon Transportation Consultants
Subconsultant Overhead 10%
Total
Total Costs
NOTE: This proposal is valid for 90 days
$15,000.00
$21,375.00
$1,500.00
$16,500.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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Attachment: VL Complete CA #3 VMT Update-1 (2937 : Vista Lucia Specific Plan EIR – Amendment #4) September 29, 2023
Ms. Teri Wissler Adam
EMC Planning Group
301 Lighthouse Avenue, Suite C
Monterey, CA 93940
Subject: Proposal to Prepare an Updated VMT analysis for the Vista Lucia Development and Annexation in Gonzales, California
Ms. Wissler Adam:

Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to prepare a re-evaluation of the analysis of Vehicle Miles Traveled (VMT) for the proposed Vista Lucia Development and Annexation in the City of Gonzales, California. The proposed project will consist of up to 3,498 units residential units and up to 120,000 square feet (sf) of neighborhood commercial, schools, parks, and open space. An evaluation of the project’s effects on VMT was completed by Hexagon and summarized within a memorandum dated September 9, 2020. The VMT analysis utilized the Association of Monterey Bay Governments (AMBAG) Regional Transportation Demand Model (RTDM) and guidelines and methodologies provided by the Governor’s Office of Planning and Research (OPR) for the evaluation of VMT since policies for the evaluation of VMT had not yet been adopted by either the City of Gonzeles nor County of Monterey.

Subsequent to the completion of the VMT analysis the City of Gonzales, in October 2022, adopted a VMT policy in compliance with Senate Bill (SB) 743. The City’s VMT policy establishes VMT baselines and impact thresholds. The VMT baselines of the policy were developed utilizing the AMBAG model with adjustments.

Though the AMBAG model was used for both the VMT analysis completed for the project in 2020 as well as the adopted City VMT policy, there are differences in regard to roadway network and land use data that have an effect on the VMT projections produced by the model. In addition, the new policy now identifies impact thresholds specific to the City/County that were not considered as part of the 2020 analysis. The differences in model inputs and new policy warrant a re-evaluation of VMT for the Vista Lucia project to be consistent with the City’s now adopted VMT policy.

The work tasks will consist of an evaluation of the projects’ effects on VMT consistent with the methodologies and impact thresholds as identified in the City’s adopted VMT policy. The analysis will include the following:
 Refinement of the AMBAG model to reflect VMT baselines consistent with the City’s VMT policy. The mode refinement will require data be provided by the City in regard to the “big data” (Teralytics) using in the policy effort.
 Adjustment of AMBAG model TAZ land use data for the Vista Lucia project area.  Projections of VMT per capita and Total commercial/retail VMT for the Vista Lucia project area.  The project VMT will then be compared with the adopted City VMT policy impact thresholds to determine project impacts.

TIME OF PERFORMANCE
Barring any unforeseen delays, an administrative draft report will be submitted 5-6 weeks after authorization to proceed. The draft and final reports will be delivered within one week after receipt of all respective review comments. We are ready to start work on this project immediately upon authorization.

COST OF SERVICES
The cost for services rendered under this agreement will be a lump sum amount of $15,000. Billings will be conducted monthly, on a percent complete basis. "Additional Services" shall be provided upon authorization and, if requested, will be billed separately. This price quote is good for 30 days. This price quote assumes all Packet Pg. 39
Attachment: VL Complete CA #3 VMT Update-1 (2937 : Vista Lucia Specific Plan EIR – Amendment #4) Ms. Teri Wissler Adam
September 28, 2023

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project-related activities will be completed within one year. An extended project schedule may require additional budget for project administration.

EXCEPTIONS
The following items will not be included as part of the scope and budget described above:

AMBAG Model Runs to Produce ADT. The use of the AMBAG model will be limited to extracting VMT projections. The scope does not include model runs to develop roadway segment Average Daily Traffic (ADT) forecasts. The AMBAG model includes future land use and roadway network data for Monterey County as well as the City of Gonzales. However, the AMBAG land use and roadway network would need to be refined to a Gonzales-specific TAZ structure and detailed local roadway network to obtain accurate ADT forecasts within the City.

We appreciate your consideration of Hexagon Transportation Consultants for this assignment. If you have any questions, please do not hesitate to call.

Sincerely,
HEXAGON TRANSPORTATION CONSULTANTS, INC.

Robert Del Rio, T.E.

Vice President & Principal Associate
Ollie Zhou, T.E.

Vice President & Principal Assoc
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Attachment: VL Complete CA #3 VMT Update-1 (2937 : Vista Lucia Specific Plan EIR – Amendment #4) 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 PO BOX 647 147 FOURTH STREET GONZALES, CA 93926
PHONE: (831) 675-5000 www.GonzalesCA.gov
Jose L. Rios
Mayor
Scott Funk
Mayor Pro Tem
Liz Silva
Councilmember
Lorraine Worthy
Councilmember
Paul Miller
Councilmember
Carmen Gil
Acting City Manager
December 22, 2022
Teri Wissler Adam, Senior Principal
EMC Planning Group
601 Abrego St,
Monterey, CA 93940
Re: Vista Lucia Specific Plan EIR – Amendment #2 to Consulting Services Agreement between the City of Gonzales and EMC Planning Group for Preparation of the Vista Lucia Specific Plan EIR - Extend Term of Services to June 30, 2024.

Teri:

This letter confirms that the current contract to prepare the Vista Lucia Specific Plan EIR (Amendment #1) has a Term of Services that ends December 31, 2022. As the work you were contracted to perform was required to temporarily cease, the work on the environmental analysis must continue past the Term of Services end date of December 31, 2022. This letter authorizes a new Term of Services end date of June 30, 2024.

Cessation of work is no fault of yours and has resulted in a temporary ceasing of work on the environmental document. For your work to proceed, several components need to come together:
• the Vista Lucia Specific Plan must progress to near final Administrative Draft by the applicant and be ready to circulate for public review. • The Water Supply Assessment shall be completed by the Applicant and City of Gonzales and presented to the City council for their consideration and action.
• The Fiscal Analysis and Study must progress to a near final administrative draft by the City’s consultant Wildan and be presented to the City Council for their consideration and action.
• The project-accompanying DA Development Agreement must be negotiated and advanced to near adoption by both the Applicant and City.

Such document will speak to critical implementation schedules for infrastructure, Affordable Housing, Agricultural Impact Mitigation, installations and timing of parks, pedestrian avenues and other amenities both public and private. As such, these items are inseparable from the project and must be included in the CEQA EIR document, prior to its public circulation and adoption.

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Attachment: Amendment #2 for VLSP EIR (2937 : Vista Lucia Specific Plan EIR – Amendment #4) 2 • Other components of implementing the Vista Lucia Specific Plan that may affect the preparation of CEQA documentation include, negotiations with the County of Monterey for maintenance of Fanoe Road and Associated Lane, and negotiations with Caltrans District 5 regarding the proposed connection of Associated Lane to Highway 101.

Your signature below acknowledges your agreement to extend the Term of Services to June 30, 2024.

Thank you,
____________________________________________
Patrick M. Dobbins, Public Works Director/City Engineer City of Gonzales, California
_______________________________________
Teri Wissler Adam, Senior Principal
EMC Planning Group
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Attachment: Amendment #2 for VLSP EIR (2937 : Vista Lucia Specific Plan EIR – Amendment #4) September 27, 2021
Matthew Sundt
Community Development Director
City of Gonzales
147 Fourth Street
Gonzales, CA 93926
Re: Vista Lucia Specific Plan Project EIR – Contract Amendment #1 Dear Matthew:

This contract amendment #1 is being submitted to cover out‐of‐scope costs to prepare the EIR for the Vista Lucia Specific Plan Project and additional costs resulting from the environmental review process change. The additional EIR costs arise primarily from the need to incorporate information from the specific plan and tentative maps into the project description and to reflect both in the analysis of individual environmental topics.

Additional costs are related to administration, project management, preparing a new NOP, conducting additional fieldwork, and responding to comments from City staff.

To date, EMC Planning Group has completed all tasks up through a screencheck draft SEIR as identified in our original scope of work. Consequently, this contract amendment applies only to additional costs for all process tasks needed to prepare a revised screencheck draft EIR. Tasks and costs beginning with preparing a draft EIR and ending with attending public hearings as shown in our approved contract remain unchanged.

EMC Planning Group Amendment Task Summary
Administration
EMC Planning Group has and will incur additional costs resulting from contract management and invoicing. This task covers these additional costs.

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Attachment: Fully Executed Contract Amendment #1 (2937 : Vista Lucia Specific Plan EIR – Amendment #4) Matthew Sundt
City of Gonzales
September 27, 2021, Page 2
Management
Prolonging the CEQA process, coordinating with City staff and the applicant, coordinating EMC Planning Group staff and subconsultants, etc., results in additional costs. These include costs incurred between the time EMC Planning Group “stopped work” on the substantive SEIR content in February 2021 and the time substantive work on the EIR was reinitiated in August 2021 (approximately $7,000). This task also includes management time through preparing the screencheck draft EIR, including time for regular status calls with City staff and the applicant through preparation of the public draft EIR.

Prepare Contract Amendment
This task covers time spent to review new applicant submittals, review the SEIR, communicate with City staff; EMC Planning Group staff, subconsultants, and the applicant; prepare the original contract amendment #1 dated March 30, 2021; and revise the original amendment based on specific plan content review, new project description information, expansion of the WSA and noise analyses scopes, etc.

Revise NOP and Recirculate
The NOP has been revised and recirculated. This task includes the time required to do so and to coordinate with the City to submit the NOP to OPR.

Biological Resources Fieldwork/Supplemental Letter
The proposed off‐site improvements to Associated Lane and to the U.S. Highway 101/Alta Street interchange cross over water features that may be jurisdictional and have potential to be considered protected. An EMC Planning Group biologist will conduct a site visit to evaluate resource conditions at these locations and prepare a supplemental letter memo that summarizes potential impacts and mitigation measures for significant impacts. The information will be incorporated into the EIR.

Prepare Vista Lucia Specific Plan Project Administrative Draft EIR As has been discussed with City staff, going forward, the EIR will be prepared as a project EIR (“Vista Lucia Specific Plan EIR”) rather than a supplemental EIR.

The current screencheck draft SEIR will be revised to prepare an administrative draft project EIR. Primary revisions would include:

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Attachment: Fully Executed Contract Amendment #1 (2937 : Vista Lucia Specific Plan EIR – Amendment #4) Matthew Sundt
City of Gonzales
September 27, 2021, Page 3
 Modifying all language in the document that makes reference to supplemental EIR, and the analysis methodology and analysis for each environmental topic that is based on the prior supplement EIR approach;
 Integrating a description of key elements of the new specific plan and tentative maps, and precise off‐site circulation improvements required for the project, into the project description and adding/revising related graphics;  Integrating relevant elements of the specific plan, tentative maps, and off‐site circulation improvements into the impact analysis for each environmental topic (including additional biological reconnaissance for off‐site improvements), revising relevant impact analyses for each topic and revising mitigation measures where necessary; and
 Revising other EIR sections (e.g., cumulative and alternatives) to account for higher level of project description information and reference to the specific plan and tentative map.

Prepare Screencheck Draft EIR
The administrative draft EIR will be submitted to City staff for review and comment.

This task covers costs to modify the administrative draft EIR in response to City staff comments to produce a screencheck draft EIR. This task also includes several hours for communicating with City staff in response to its review of the screencheck draft EIR.

The cost is the budget is our best estimate of the level of effort needed to address City staff comments. The actual cost may be lower or greater. If greater, a contract amendment may be required. If lower, a cost savings would occur.

Incorporate City Staff Comments per Applicant Review into a Revised Screencheck Draft EIR
After City staff review of the screencheck draft EIR, it is assumed that City staff will request comments from the applicant. This task includes time to respond to City staff direction to EMC Planning Group regarding changes to the screencheck draft EIR that arise from applicant comments. It is assumed that City staff will provide a specific, written set of specific changes to the screencheck draft EIR that arise from applicant comments such that the changes do not require new detailed analysis. The revised “applicant” screencheck EIR would be submitted to City staff for review and comment.

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Attachment: Fully Executed Contract Amendment #1 (2937 : Vista Lucia Specific Plan EIR – Amendment #4) Matthew Sundt
City of Gonzales
September 27, 2021, Page 4
The cost is the budget is our best estimate of the level of effort needed to address applicant comments as screened and submitted by City staff to EMC Planning Group.

The actual cost may be lower or greater. If greater, a contract amendment may be required. If lower, a cost savings would occur.

Subconsultant Contract Amendment Summary
Akel Engineering
Akel will revise the WSA prepared for the prior SEIR. The content of the WSA will be substantially expanded to include data that typically would be included in an urban water management plan – an urban water management plan is not available from the City as the water purveyor.

WJV Acoustics
WJV will prepare a supplemental analysis of traffic noise impacts on future sensitive receptors within the project site. The analysis will evaluate the potential change in impact significance based on the applicant’s specific plan and phase 1 and 2 tentative maps, which show that receptors would be separated from the subject arterials/collectors by internal subdivision streets.

Contingencies Regarding Specific Plan Content
Development Capacity/Land Use Summary and Land Use Plan All costs are contingent on the specific plan retaining the same development capacity/land use summary and land use plan that were included in the applicant’s original project description – this appears to be the case. If either of these two variables changes, modifications to tasks and costs and additional subconsultant costs could be incurred.

Traffic Analysis
City staff has indicated that the applicant will not submit a traffic impact analysis as part of the specific plan submittal and that the City’s 2019 SOI traffic analysis will suffice to meet CEQA analysis needs. It is assumed that the applicant will prepare and submit supplemental information as part of the specific plan submittal that addresses circulation hazards and emergency access issues as described in the SEIR.

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Attachment: Fully Executed Contract Amendment #1 (2937 : Vista Lucia Specific Plan EIR – Amendment #4) Matthew Sundt
City of Gonzales
September 27, 2021, Page 5
Additional Supplemental Information
City staff has indicated that it will communicate with the applicant about potential additional supplemental information that should be prepared as part of the specific plan submittal as indicated in the mitigation measures in the proof draft SEIR. Contract amendment #1 does not include scope or budget for preparing such supplemental information, nor does it include time to review and provide comments on the supplemental information. If either of these two tasks are required, modifications to tasks and costs in this amendment would be necessary.

Budget
The amendment #1 budget is attached. It summarizes the tasks listed above. Note that the biological field survey work is not listed as a separate line item in the budget.

If you have any questions about this amendment, please do not hesitate to contact me.

Sincerely,
Ron Sissem
Principal
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Attachment: Fully Executed Contract Amendment #1 (2937 : Vista Lucia Specific Plan EIR – Amendment #4) Task
Staff Senior Principal Principal Principal Planner Associate Planner Principal Biologist Associate Biologist Desktop Publisher Graphics Production Manager Admin./ Production Billing Rate (Per Hour) $250.00 $225.00 $200.00 $150.00 $190.00 $130.00 $150.00 $95.00 $125.00 $115.00Administration 5 6 0 2 0 0 0 0 0 0 13 $2,900.00Management 6 52 0 4 0 0 0 0 0 0 62 $13,800.00Prepare Contract Amendment #1 2 18 0 0 0 0 0 0 0 2 22 $4,780.00Revise and Recirculate NOP 1 4 0 10 0 0 0 6 2 2 25 $3,700.00Admin Draft EIR 6 140 8 16 8 16 4 32 4 0 262 $49,080.00Prepare City Staff Screencheck Draft EIR 4 32 0 6 2 2 0 8 4 0 58 $11,000.00Prepare Applicant Screencheck Draft EIR 1 28 0 4 0 0 0 6 0 0 39 $7,720.00Subtotal (Hours) 25 280 8 42 10 18 4 52 10 4 Total Hours Total Cost Subtotal (Cost) $6,250.00 $63,000.00 $1,600.00 $6,300.00 $1,900.00 $2,340.00 $600.00 $4,940.00 $1,250.00 $460.00 481 $92,980.00 Additional Costs
Production CostsTravel CostsPostal/DeliverablesMiscellaneousAdministrative Overhead 10%TotalAkel Engineering (Update WSA)WJV AcousticsSubconsultant Overhead 10%Total Total Costs
NOTE: This proposed budget is valid for 90 days
$100.00$770.00
$70.00
$500.00
$50.00$50.00
$14,250.00
$111,075.00
$1,575.00
$17,325.00
Vista Lucia Contract Amendment No 1 Budget
EMC Planning Group Inc.

Subconsultant Fees
Total
Hours Total Cost
$1,500.00
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Attachment: Fully Executed Contract Amendment #1 (2937 : Vista Lucia Specific Plan EIR – Amendment

Page 1 of 2 ends

RESOLUTION NO. 2020-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

AUTHORIZING EXECUTION OF A CONTRACT WITH EMC PLANNING GROUP

FOR PREPARATION OF TWO SUPPLEMENTAL ENVIRONMENTAL IMPACT

REPORTS RELATED TO THE VISTA LUCIA AND PUENTE DEL MONTE

ANNEXATION PROJECTS
WHEREAS, on November 14, 2019, City staff solicited from consultants, through a Request for Proposals, Scopes of Work and Budgets to prepare Supplemental Environmental Impact Reports for the Vista Lucia and Puente del Monte annexation projects, and WHEREAS, work will be prepared in accordance with the requirements of the California Environmental Quality Act; and
WHEREAS, to ensure compliance with Government Code Section 4529.10 that requires procurement of consulting services under a fair and competitive selection process, staff contacted numerous consulting firms; and
WHEREAS, Proposals were received from three consulting firms on January 3, 2020, and WHEREAS, City staff reviewed all the proposals; and
WHEREAS, City staff and representatives of the two developer teams interviewed three consulting firms on January 8, 2020; and
WHEREAS, all three firms are highly qualified, and their Scopes of Work and Budgets were professionally prepared and complete; and
WHEREAS, staff determined that EMC Planning Group submitted the most competitive price, and is qualified to undertake the proposed work, provided a complete proposal, and is willing to perform the work on a timely basis; and
WHEREAS, the two development teams of Pembrook Development and Jackson Family Investments are partners with the City in funding the two Supplemental Environmental Impact Reports; and
WHEREAS, through an SB 2 Grant dated August 2019, the California Department of Housing and Community Development awarded the City of Gonzales a grant of $160,000, which will be applied to the total cost associated with preparation of the two Supplemental Environmental Impact Reports.

NOW THEREFORE, BE IT HEREBY RESOLVED that the City Manager is authorized and further directed to prepare and execute an appropriate contract with EMC Planning Group in the amount not to exceed $560,000 for both.

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Attachment: Resolution 20-06 Contract with EMC Planning Group (2937 : Vista Lucia Specific Plan EIR – Amendment #4)

Page 2 of 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 21st day of January 2020, by the following vote:

AYES: COUNCIL MEMBERS: Mayor Pro Tem Scott Funk, Liz Silva, Lorraine Worthy, and Mayor Maria Orozco
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Paul Miller

Maria Orozco, The Honorable Mayor
ATTEST:

Mary Villegas, Deputy City Clerk
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Attachment: Resolution 20-06 Contract with EMC Planning Group (2937 : Vista Lucia Specific Plan EIR – Amendment #4) City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: March 18, 2024
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Agreements with MNS Engineers and Psomas for Wastewater System Expansion

RECOMMENDATION
It is recommended that the City Council Authorize Execution of a Non-Exclusive Master Services Agreement with MNS Engineers and Approve Execution of Task Order 1 for Program Management Services in the amount of $200,000; and Authorize Execution of a Non-Exclusive Master Services Agreement with Psomas and Approve Execution of Task Order 1 for Technical Services in the amount of $50,000 to support the Expansion of the Wastewater System.

BACKGROUND
The City’s Municipal Wastewater Treatment Plant (MWWTP) operates under a Waste Discharge Permit from the Central Coast Regional Water Quality Control Board (Regional Board). The MWWTP has a permitted capacity of 1.3 million gallons/day and current sewer flows to the plant are approximately 1.2 million gallons/day (MGD). Therefore, the MWWTP is near its permitted capacity and for the last several years has struggled to meet the 2006 discharge permit requirements as the MWWTP wasn’t designed to treat the amount of ag-wash water it receives on a daily basis.

Through the preparation of a Long-Term Wastewater Management Plan, the City determined that construction of an Industrial Wastewater (IW) System was the most cost effective and expedient approach to expand the City’s wastewater system. The System will collect the ag-wash water (industrial wastewater) discharged from the large processing facilities in the Business Park and convey them to a new IW Treatment Facility to be constructed on City-owned property just east of the MWWTP.

In April 2023, the Regional Board issued a new Waste Discharge Permit that contains requirements the MWWTP is not capable of meeting. Therefore, in addition to constructing the IW System, the City needs to upgrade the MWWTP to comply with the new RWQCB permit.

AGENDA
ITEM
12 Packet Pg. 51
The City will expand the wastewater system through the following phases:

Phase 1 – The IW System will be delivered under three contracts:

1. Construct the IW Pipeline along Fermin Lane

2. Construct the IW Treatment Facility.

3. While the IWTF is under construction, issue a contract to rehabilitate the existing 21-inch sewer main by shifting sewer flows to the new IW Pipeline.

The CEQA-Plus document for the project was completed in October 2021 and construction documents (plans, technical specifications, and cost estimate) were completed in September 2022. Over the last two years, the City has pursued a $30M State Revolving Fund (SRF) loan for project financing. The City completed the SRF loan process in December 2023 and we expect to receive the SRF Agreement in the next month or two. The City should proceed with bidding the IW Pipeline and IW Treatment Facility contracts. Construction is expected to begin in Fall 2024 and hopefully be complete by Spring 2026.

Phase 2 - Upon completion of the IW System, 900,000 gallons of ag-wash water will be shifted from the MWWTP to the IW Treatment Facility. The City will then be able to rehabilitate the MWWTP which includes removing accumulated sludge, line the treatment ponds, upgrade the aeration system and construct a new treatment process. When this phase is completed, the MWWTP will meet the Regional Board permit requirements.

Phase 3 - Add additional treatment processes at the MWWTP to expand the wastewater system capacity to 2.9MGD which will accommodate projected housing growth through 2050.

Phase 4 - Expand the IW System treatment capacity to 3.5 MGD to accommodate additional processing facilities in the City’s Industrial Business Park and add a recycled water component.

REVIEW & ANALYSIS
To obtain consultant services to support the City’s efforts, staff prepared a Request for Qualifications (RFQ) for Program and Construction Management Services for Wastewater Projects. The services to be provided by the consultant are:

Program Management

1. Biddability/Constructability reviews of bid documents

2. Easement acquisition support

3. Provide and manage a web-based document management system

4. Run internal coordination meetings (PM/CM staff, design consultant, and City staff)

5. Track detailed action items (item status, ball-in-court, due date, etc.)

6. Utility provider coordination

7. Monitor design process

8. Support the City’s Community Engagement efforts

9. Make periodic presentations at City Council meetings

10. Monitor and update project schedules

11. Monitor expenditures and funding sources. Includes managing cash flow.

12. Ensure compliance with SWRCB requirements

13. Include monthly status reports with invoices

14. Bid Phase Support

15. Bidder outreach
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Construction Management/Inspection

1. Provide full Construction Management/Inspection services

2. Review and monitor RFIs and process submittals

3. Review project schedule updates.

4. Track contract time

5. Coordinate specialty inspections

6. Labor compliance monitoring

7. Review and certify contractor progress payments

8. Prepare and/or review change orders

9. Participate in punch walks

10. Inspect for substantial and final completion

11. Close-out project including preparation for audits and obtain copies of O&M manuals and warranties

12. Recommend project acceptance
On January 30, 2024, Staff issued the RFQ to ten consultant firms and staff held a preproposal meeting on February 15. Statement of Qualifications were received from the following four firms by the February 29 deadline:

1. Ausonio

2. Cannon

3. MNS Engineers

4. Psomas
Staff reviewed the four SOQs and recommends the City engage MNS Engineers for Program and Construction Management Services on the IW System and other wastewater projects. MNS was selected for the following reasons:
• MNS provided a full staffing plan for Program and Construction Management Services. Their optional services include grant consulting, labor compliance, and field survey. • MNS is providing similar services to the City of Greenfield, City of San Juan Batista, and the County of Santa Cruz. Staff received very positive responses from our reference checks. • MNS’ Project Manager has +15 years of engineering experience focused on major wastewater projects. Staff reference checks with other public agencies were very positive for the proposed project manager.

Staff anticipates executing the following Task Orders under MNS’ Master Services Agreement:

Project Phase Estimated
Consultant fee
Task Order 1 Program Management to issue the IW Pipeline and IW Treatment Facility construction contracts for public bid $200,000 Task Order 2 Construction Management/Inspection during construction of the IW Pipeline Contract $750,000
Task Order 3 Construction Management/Inspection during construction of the IW Treatment Facility $1,500,000
Task Order 4 Program Management related to rehabilitation of the existing 21-inch Sewer Trunk Main to MWWTP
Unknown at
this time
Task Order 5 Program Management during design of upgrades to the MWWTP to meet new Regional Boar permit
Unknown at
this time
Staff further recommends the use of Psomas for Technical Support Services for the wastewater system such as finalizing an IW Pretreatment Program and maintaining the City’s Sewer Model.

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Therefore, staff recommends that the City Council authorize the following agreements and Task Orders:

1. Authorize Execution of a Non-Exclusive Master Services Agreement with MNS Engineers and Approve Execution of Task #1 for Program Management Services in the amount of $200,000; and

2. Authorize Execution of a Non-Exclusive Master Services Agreement with Psomas and Approve Execution of Task #1 for Technical Support Services in the amount of $50,000 for Technical Services to support the Expansion of the Wastewater System.

How Recommendation Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.

Explain: Upgrading and improving the City’s wastewater system is essential for protecting public health and promoting residential and industrial growth.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: Maintaining and improving the wastewater treatment plant enhances the community’s quality of life by providing for treatment and safe disposal of the City’s wastewater.

City services will be delivered in a cost-effective, respectful and friendly manner to insure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ____No ____ N/A Explain: See Vision explanation above.

ALTERNATIVES
Amend or modify staff recommendation.

BUDGET IMPACT
These contracts will be funded with Sewer Impact and Sewer Enterprise monies.

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CONCLUSION
It is recommended that the City Council Authorize Execution of a Non-Exclusive Master Services Agreement with MNS Engineers and Approve Execution of Task Order 1 for Program Management Services in the amount of $200,000; and Authorize Execution of a Non-Exclusive Master Services Agreement with Psomas and Approve Execution of Task Order 1 for Technical Services in the amount of $50,000 to support the Expansion of the Wastewater System.

Attachments:

1. City's RFQ for Program and Construction Management Services for Wastewater Projects

2. Master Services Agreement with MNS Engineers including Task Order 1

3. Master Services Agreement with Psomas including Task Order 1 Packet Pg. 55
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Attachment: City's RFQ for Program and Construction Management Services for Wastewater Projects (2936 : Agreements with MNS Engineers

INTRODUCTION
The City of Gonzales is located 17 miles south of Salinas and is in the heart of the 90-mile-long Salinas Valley (aka: “Salad Bowl of the World”). The City of Gonzales is referred to as the “Wine Capital of Monterey County” and the 2020 Federal Census lists a population of 8,650. The city prides itself on 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 Fresh processing facilities. More information about the city can be found at our website: www.GonzalesCA.gov The City of Gonzales is seeking Statements of Qualifications from consultants to provide Program and Construction Management/Inspection Services to support the city’s efforts to expand the wastewater system beyond the current 1.3MGD permitted capacity.

OVERVIEW
The city operates a wastewater system including a municipal wastewater treatment plant (MWWTP) to collect and treat all domestic, commercial and industrial wastewater in the city. Current wastewater flows are:

Dischargers Gallons/day
Industrial wastewater 750,000
Domestic wastewater 400,000
Commercial wastewater 50,000
Total = 1,200,000
As required by the city’s 2006 Waste Discharge Requirement Permit, in 2018 the city prepared a Long-Term Wastewater Management Plan (LTWMP) and submitted it to the Central Coast Regional Water Quality Control Board. The LTWMP included constructing an Industrial Wastewater System as the recommended approach to increasing the capacity of the city’s wastewater system.

Constructing the Industrial Wastewater (IW) system will allow the city to shift up to 900,000 gallons/day from the MWWTP, greatly reducing flows to the MWWTP. This will allow the city to take one of the two treatment trains at the MWWTP offline to rehabilitate the MWWTP. While constructing the IW System, the city will design the upgrades for the treatment processes to ensure the MWWTP meets the new Waste Discharge Requirements.

The city engaged Dudek Consulting to prepare preliminary and final construction documents for a 1.0MGD Industrial Wastewater System. The construction documents were finalized in September 2021. Dudek also prepared the CEQA-Plus document that was approved at an October 2022 City Council meeting. Over the last two years the city has pursued a $29M State Revolving Fund loan from the State Water Resources Control Board. The SRF agreement should be executed in May 2024.

WASTEWATER PHASING
Phase 1 - Build the 1.0 MGD IW System on city owned parcels adjacent to the MWWTP. The IW System will be constructed under two contracts:
• IW Conveyance Contract (10,000 LF of 24/27-inch pipe) • IW Treatment Facility
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Attachment: City's RFQ for Program and Construction Management Services for Wastewater Projects (2936 : Agreements with MNS Engineers Once the IW Conveyance Contract is complete, the city will temporarily shift WW/IW flows to the new IW Pipeline to perform video inspection and maintenance work (ie, epoxy coat manholes) on the existing 21- inch WW Trunk Main that was constructed in 1981.

Phase 2 -Upon completion of the IW Treatment Facility 900,000 gallons/day of ag-wash water will be shifted from the MWWTP to the IWTF. This will allow the city to rehabilitate and upgrade the treatment process at the MWWTP to meet new WDR requirements. When that work is completed, the city WW system will have a capacity of 2.3MGD.

Phase 3 - Add additional treatment processes at the MWWTP to expand system capacity to 2.9MGD which will accommodate projected housing growth through 2050.

Phase 4 - Expand the IW System treatment capacity to 3.5 MGD to accommodate additional processing facilities in the city’s Industrial Business Park and add a recycled water component to the IWTF.

CONSULTANT’S SCOPE OF SERVICES
Overview of services to be provided by consultant:

Project Management

1. Biddability/Constructability reviews of bid documents

2. Easement acquisition support

3. Provide and manage a web-based document management system (ie, Procore, Newforma)

4. Run internal coordination meetings (PM/CM staff, design consultant, and city staff)

5. Track detailed action items (item status, ball-in-court, due date, etc)

6. Utility provider coordination

7. Monitor design process

8. Support the city’s Community Engagement efforts:

9. Make periodic presentations at City Council meetings

10. Monitor and update project schedules

11. Monitor expenditures and funding sources. Includes managing cash flow.

12. Ensure compliance with SWRCB requirements

13. Include monthly status reports with invoices

14. Bid Phase Support

15. Bidder outreach
Construction Management/Inspection

1. Provide full Construction Management/Inspection services

2. Review and monitor RFIs and process submittals

3. Review project schedule updates.

4. Track contract time

5. Coordinate specialty inspections

6. Labor compliance monitoring

7. Review and certify contractor progress payments

8. Prepare and/or review change orders

9. Participate in punch walks

10. Inspect for substantial and final completion
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Attachment: City's RFQ for Program and Construction Management Services for Wastewater Projects (2936 : Agreements with MNS Engineers

11. Close-out project including preparation for audits and obtain copies of O&M manuals and warranties

12. Recommend project acceptance

CITY RESPONSIBILITIES
The city will be responsible for the following items:

1. Discussions with any Private Property Owners.

2. Coordinating review and issuance of city building permits

3. Compiling the Bid Documents (Front End, Public Notice, Bid Schedule, Technical Specifications, Plans, Permits and other materials)

4. Issue bid documents to builders exchanges and interested contractors

5. Run pre-proposal meeting

6. Run public bid opening

7. Prepare staff report for award of the construction contracts

8. Prepare city council staff report for project acceptance

PROPOSAL CONTENT AND REQUIREMENTS
Your proposal should include the following:

Cover Letter - Provide the following information:
• Firm name, office location(s), telephone numbers, and e-mail addresses of the main contact(s).
• Staff person we can contact regarding the proposal
• Number of years the firm has performed related professional services • Type of organization: individual, partnership, corporation, other (please specify). • Indicate if your firm has any conflicts of interest related to your current contracts.

Technical Approach and Scope of Work
• Provide a detailed summary of the services your firm will provide • State why your firm is qualified to perform the requested services. • List of personnel along with their expertise, professional background, office location and role they will have on the project.
• Provide information on any subconsultants
• Describe how your firm will deliver your services
• Provide a detailed schedule for the various efforts and milestones Provide four public agency references with full contact information (name, title, agency, address, email address and phone number(s).

The proposal shall be limited to 30 pages excluding cover letter, resumes and any sample documents included in the appendix.

Provide two separate sealed envelopes (one for the SOQ and the other for the Rate Schedule(s) and desired revisions to the city’s consulting agreement) inside one larger sealed envelope clearly labeled, “SOQ FOR PM/CM SERVICES FOR WASTEWATER PROJECTS.” Deliver four printed and bound copies of your proposal along with PDF copies of the proposal, consultant’s Rate Schedule and desired revisions to the city’s consulting agreement on a thumb drive to:

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Attachment: City's RFQ for Program and Construction Management Services for Wastewater Projects (2936 : Agreements with MNS Engineers 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
City Issues Request for Qualifications January 30, 2024 PreProposal Meeting at Community Meeting Room at
Gonzales Police Station (109 Fourth Street, Gonzales) February 15, 2024 at 10:30 AM Proposal Submittal Deadline February 29, 2024 at 3:00 PM City Staff reviews submitted SOQs March 5, 2024
Interviews March 19, 2024
City negotiates scope/fee/schedule for initial Task Orders with top ranked consultant March 21, 2024
Approval of Contract at City Council Meeting April 1, 2024

CONTRACT
The City’s standard consultant agreement is attached. Provide a statement in the SOQ regarding the firm’s ability to execute the city’s consultant agreement and include desired revisions to the city’s agreement in the separate envelope transmitting the Consultant Rate Schedule.

The Consultant’s services will be provided on an hourly not-to-exceed basis under executed Task Orders through a Master Services agreement. The expected Task Orders for 2024 and 2025 are:
• Task Order #1 – Project Management Services for IW System contracts (ie, get contracts out to bid, complete easement acquisition)
• Task Order #2 – CM/Inspection of IW Pipeline Contract • Task Order #3 – CM/Inspection of Rehabilitation of existing 21-inch Domestic Sewer Pipeline along Fermin Lane
• Task Order #4 – CM/Inspection of IW Treatment Facility

SELECTION CRITERIA
The city intends to select a consultant based on demonstrated competence, experienced staff and qualifications for requested services. The city will evaluate the submitted SOQ and rank them according to the following criteria:

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Attachment: City's RFQ for Program and Construction Management Services for Wastewater Projects (2936 : Agreements with MNS Engineers Content of Proposal

1. Understanding the nature of the requested services

2. Approach to the providing the requested services

3. Proposed schedule

4. Firm’s ability to present flexible options to achieve the City’s goals Qualifications of Firm

1. Experience in providing the requested services for similar sized public agencies in California over the last five years

2. Qualifications of consultant’s staff

3. Reference checks

4. Reasonable schedule to complete the various tasks

ATTACHMENTS

1. City’s Standard Consulting Agreement

2. IW System “White Paper”

3. 2023 Water/Sewer Rate Study
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Attachment: City's RFQ for Program and Construction Management Services for Wastewater Projects (2936 : Agreements with MNS Engineers Consulting Services Agreement between March 18, 2024
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NON-EXCLUSIVE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF GONZALES

AND MNS ENGINEERS FOR PROGRAM AND CONSTRUCTION MANAGEMENT SERVICES

FOR WASTEWATER SYSTEM PROJECTS
THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and MNS Engineers ("Consultant") (together sometimes referred to as the "Parties") as of March 18, 2024 (the "Effective Date").

Section 1. SCOPE OF 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 December 30, 2027, 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 only 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. All work performed under this Agreement shall be authorized in advance and in writing by a specific Task Order prior to the commencement of services. Each Task Order shall describe the nature of the specific task or service to be performed by the Consultant, the estimated number of hours within which such task or service must be completed and the compensation for such task or service. Details shall include a description of the task or service which Consultant shall perform, the format and schedule for deliverables, the schedule of performance, and the schedule of compensation. Consultant shall not perform any task or service unless authorized by a fully executed Task Order. Consultant shall advise city staff in writing of any anticipated change in any task or service, fee or time schedule, and shall obtain city staff’s written consent to the change prior to making any changes.

1.5 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.

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Attachment: Master Services Agreement with MNS Engineers including Task Order 1 (2936 : Agreements with MNS Engineers and Psomas for Consulting Services Agreement between March 18, 2024
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Section 2. COMPENSATION. The City will pay Consultant’s invoices under each authorized Task Order on an hourly not-to-exceed basis. The hourly rates in Exhibit B apply to all Task Orders. City shall pay Consultant for services rendered pursuant to this Agreement from deposits made by development applicants 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, 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., Progress Bill 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;
 For each work item under each task, 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 each 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 invoices received, 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. Notwithstanding, Consultant and City acknowledge that payment for Consultant’s services are fully dependent on development applicants’ deposits and that the Packet Pg. 63
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timing of City’s invoice payment may be adversely impacted by inadequate applicant funds. City shall make a good -faith effort to ensure that all development applicant accounts are maintained at a level to cover Consultant’s anticipated costs.

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.

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.

2.6 Reimbursable Expenses. Any reimbursable expenses are included in the authorized contract amount and shall be approved by city staff in advance.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar 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. Before beginning any work under this Agreement, 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 Packet Pg. 64
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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 proposal. 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 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.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto).

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:

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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 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, except for cancellation for non-payment of premium, a 10-day notice shall apply.

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.

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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.

4.4 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.

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.

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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;
 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.

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.

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Section 7. LEGAL REQUIREMENTS.

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 include, 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; Packet Pg. 70
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8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

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.

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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.

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 Packet Pg. 72
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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.

10.9 Contract Administration. This Agreement shall be administered by the City’s Public Works Director ("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:

Greg Chelini, Principal-in-Charge
MNS Engineers
201 North Calle Cesar Chavez, Suite #300
Santa Barbara, CA 93103
.

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 and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

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Exhibit A Scope of Services
Exhibit B Rate 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 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 MNS Engineers, Inc.

Carmen Gil, City Manager Greg Chelini, Principal-in-Charge Attest:

Mary Villegas, City Clerk
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EXHIBIT A
TASK ORDER #01

SCOPE OF SERVICES
Consultant shall provide Program Management Services to issue the IW Pipeline and IW Treatment Facility construction contracts for public bid:

1. Biddability/Constructability reviews of bid documents

2. Easement acquisition support

3. Provide and manage a web-based document management system

4. Run progress coordination meetings (PM/CM staff, design consultant, and city staff)

5. Track detailed action items (item status, ball-in-court, due date, etc)

6. Utility provider coordination

7. Monitor final revisions to the design documents

8. Work with city staff to finalize Front End for bidding purposes

9. Support the city’s Community Engagement efforts:

10. Make periodic presentations at City Council meetings

11. Monitor and update detailed project schedules

12. Grant consulting including grant application to SWRCB for rehabilitation of MWWTP

13. Monitor expenditures and funding sources. Includes managing cash flow.

14. Ensure compliance with SWRCB SFR loan agreement requirements

15. Include status reports and time sheets with monthly invoices

16. Bid Phase Support

17. Bidder outreach

18. Review submitted bids and make a recommendation of award of contract Packet Pg. 75
Attachment: Master Services Agreement with MNS Engineers including Task Order 1 (2936 : Agreements with MNS Engineers and Psomas for Consult
ing Services Agreement between March 18, 2024
City of Gonzales and MNS Engineers --Exhibit B Page 1 of 1 1168358

EXHIBIT B

RATE SCHEDULES
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Attachment: Master Services Agreement with MNS Engineers including Task Order 1 (2936 : Agreements with MNS Engineers and Psomas for 2 0 2 4 S T A N D A R D S C H E D U L E O F F E E S

PROJECT/PROGRAM MANAGEMENT
Principal-In-Charge ............................... $340 Senior Project/Program Manager ...... 325
Project/Program Manager .................... 275
Assistant Project/Program Manager 255
Senior Project Coordinator ................... 195
Project Coordinator ................................. 165

ENGINEERING
Principal Engineer .................................. $305 Lead Engineer ............................................ 270 Supervising Engineer .............................. 255 Senior Project Engineer ......................... 235
Project Engineer........................................ 210 Associate Engineer .................................. 190 Assistant Engineer.................................... 175

SURVEYING
Principal Surveyor .................................. $280 Lead Surveyor ............................................ 270 Supervising Surveyor .............................. 230 Senior Project Surveyor ......................... 210
Project Surveyor........................................ 185 Associate Project Surveyor ................... 175
Assistant Project Surveyor .................... 160
Party Chief (PW) ........................................ 190 Chainperson (PW) .................................... 160 One-Person Survey Crew (PW) ........... 225

TECHNICAL SUPPORT
CADD Manager ....................................... $210 Supervising Technician .......................... 180
Senior Technician ..................................... 170 Engineering Technician ......................... 130

CONSTRUCTION MANAGEMENT
Principal Construction Manager ...... $335
Senior Construction Manager ............. 290
Senior Resident Engineer ...................... 280
Resident Engineer .................................... 270 Structure Representative ....................... 260
Construction Manager ........................... 230
Assistant Resident Engineer................. 215
Sr. Construction Inspector (PW) ........ 198
Construction Inspector (PW) .............. 188
Office Administrator ................................ 135

PLANNING
Planning Director ................................... $235 City Planner/Planning Manager ......... 220
Principal Planner ....................................... 205 Senior Planner ........................................... 190 Associate Planner ..................................... 160 Assistant Planner ...................................... 135 Planning Technician ................................ 115

ADMINISTRATIVE SUPPORT
Senior Management Analyst ............. $195
Management Analyst.............................. 165
IT Technician ............................................... 150 Graphics/Visualization Specialist ....... 160
Administrative Assistant ........................ 105

GOVERNMENT SERVICES
City Engineer ........................................... $265 Deputy City Engineer .............................. 235 Assistant City Engineer ........................... 225 Plan Check Engineer................................ 185 Permit Engineer ......................................... 175 City Inspector ............................................. 175 Senior City Inspector (PW) .................. 198
City Inspector (PW) .................................. 188 Principal Stormwater Specialist .......... 190
Senior Stormwater Specialist ............... 180
Stormwater Specialist ............................. 170 Stormwater Technician .......................... 150
Building Official ......................................... 250 Senior Building Inspector ...................... 200
Building Inspector .................................... 175 Senior Grant Writer .................................. 190 Grant Writer ................................................ 180 Associate Grant Writer ........................... 160
Assistant Grant Writer ............................ 145

DIRECT EXPENSES
Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel (out of area) and all similar charges directly connected with the work will be charged at cost plus fifteen percent (15%). Mileage will be charged at the current federal mileage reimbursement rate.

PREVAILING WAGE RATES
Rates shown with Prevailing Wage “(PW)” annotation are used for field work on projects subject to federal or state prevailing wage law and are subject to increases per DIR.

ANNUAL ESCALATION
Standard fee rates provided for each classification are subject to 5% annual escalation or the most recent US Bureau of Labor Statistics Consumer Price Index, whichever is higher.

OVERTIME
Overtime for non-exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classifications will be charged at 1 x hourly rate.

Rev. 1/9/2024
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Attachment: Master Services Agreement with MNS Engineers including Task Order 1 (2936 : Agreements with MNS Engineers and Psomas for

FEE SCHEDULE
Attached is the cost schedule for the As Needed Electrical Engineering and On-Site Observation.

This cost schedule is valid and binding for ninety (90) days following the proposal due date and Beacon West understands it will become part of the contract negotiated with the City for the term of the contract.

Position Hrly Rate OT Rate DT Rate
Project Manager / Registered Electrical Engineer $210.00 Senior Designer / Construction Monitor $149.00 $223.50 $260.75 I&E Field Specialist / Construction Monitor $115.00 $172.50 $201.25 Sr. Automation Specialist $165.00 $247.50 $288.75
Project Coordination $160.00
Electrical Engineer $160.00
I&E Field Specialist $115.00 $172.50 $201.25
Technical Advisor / Registered Electrical Engineer $210.00 CAD / Draftsperson $90.00 $135.00 $157.50
Operations Manager $215.00
Admin/Accounting $67.00 $100.50 $150.75
Notes:

Authorized overtime will be billed at 1.5 times hours worked over 8 hrs/day or 40 hrs/wk & on Saturdays at

1.75 times hrs worked over 12 hrs/day and on Sundays or over 8 hs on the seventh day.

Rates are valid through December 31, 2024 and will be automatically adjusted 3% annually on January 1 of each subsequent year.

Travel time charged portal to portal. Mileage to be billed at IRS rate.

Reimbursable expenses will be billed at cost + 10%.

Photo copies (inhouse - $0.20/each).

Full size drawings will be billed at cost plus 10%.

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Attachment: Master Services Agreement with MNS Engineers including Task Order 1 (2936 : Agreements with MNS Engineers and Psomas for GEOTECHNICAL | ENVIRONMENTAL | CHEMICAL | MATERIAL TESTING | SPECIAL INSPECTIONS 444 AIRPORT BLVD., SUITE 106 | WATSONVILLE, CA 95076 | PHONE 831-722-9446 | WWW.4PACIFIC-CREST.COM PACIFIC CREST ENGINEERING INC.

STANDARD FEE SCHEDULE – GEOTECHNICAL GROUP
January 1, 2024 – December 31, 2024*
*On-Call Contracts subject to annual increase of 4.0% starting January 1, 2025 The following schedule presents our rates for professional and technical services. If desired, services other than construction observation and testing can be contracted on a negotiated fixed fee basis. Services during construction, such as testing and observation of grading, require both professional and technical services.

Depending on the scope and duration of the construction project, an opinion of probable cost can be made.

Professional, technical, mileage and laboratory fees and rates are subject to change without notice.

PROFESSIONAL SERVICES Billing Rate
Principal Engineer\Geologist $220.00 per hour
Associate Engineer\Geologist $210.00 per hour
Senior Engineer\Geologist $195.00 per hour
Staff Engineer\Geologist $170.00 per hour
CAD/Draftsperson $125.00 per hour
Administrative Staff $100.00 per hour
Expert Witness $450.00 per hour
Outside Consultants 1.15X Hourly Rate

TECHNICAL SERVICES
Field Technician Non-Prevailing Wage $125.00 per hour
Field Technician Prevailing Wage $145.00 per hour
Construction Inspector Non-Prevailing Wage $135.00 per hour Construction Inspection Prevailing Wage $155.00 per hour QSP/SWPPP Monitoring Services $155.00 per hour
Lab Technician $110.00 per hour
Asphalt Core Drilling (Equipment + Operator) $200.00 per hour Concrete Core Drilling (Equipment + Operator) $220.00 per hour Excavator Services (Equipment + Operator) $345.00 per hour Certified Payroll Reporting $100.00 per hour

BASIS OF CHARGES
• Hours for all services are charged portal-to-portal from our Watsonville office. • Our normal business hours are between 7:00 AM and 5:00 PM, Monday through Friday. Work performed on Saturday is billed at 1.5 times the rates listed above, Sunday and Holiday work are billed at 2 times the rates listed above, and night shift work is billed at 1.8 times the rates listed above. • Work in excess of 8 hours is billed at 1.5 times the rates listed above and work in excess of 12 hours is billed at 2 times the rates listed above.
• Technical services performed during normal business hours are subject to a 2-hour minimum charge.

Professional and technical services performed outside of normal business hours are subject to a 4-hour minimum charge.
• Site visits canceled upon arrival will be subject to the minimum charges listed above. • Expedited laboratory tests are billed at 1.5 times the rates provided below.

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Attachment: Master Services Agreement with MNS Engineers including Task Order 1 (2936 : Agreements with MNS Engineers and Psomas for Pacific Crest Engineering Inc. Standard Fee Schedule
www.4pacific-crest.com January 1, 2024*

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FIELD TESTS
Plate bearing load tests, pile load tests, vane shear tests, piezometer installations, slope inclinometer installations, and other special tests will be charged at standard engineering and personnel rates, plus cost of special equipment.

INCIDENTAL EXPENSES
Consultant shall be paid the actual cost-plus fifteen percent of all other out-of-pocket expenses, including any costs of air travel, applicable sales, use and city taxes, as well as miscellaneous outside services and facilities, including: Subconsultant or Subcontractor fees; equipment rental, drill rig, underground locator, renderings, overnight delivery, permit, and plan check fees, and similar expenses.

PRINTS AND SPECIFICATIONS
Reproduction charges for prints and specification books for client use in bidding or construction or at client request will be billed at cost plus fifteen percent.

COPIES OF PREVIOUS REPORTS
Orders for copies of previously issued work will be billed on a time and material basis (minimum charge of $25.00).

DRILLING AND SAMPLING Billing Rate
Drill Rig including crew - truck mounted or crawler mounted:

Mobilization Cost + 15%
Straight Time Cost + 15%
Over Time Cost + 15%
Cone Penetrometer Rig (CPT) Cost + 15%
CPT Travel Time & Mobilization Cost + 15%
Drilling is charged at 4 hours minimum.

Time is charged portal-to-portal from the drilling rig yard.

Casing, Shelby tubes and any special sampling or subcontract equipment will be charged at cost plus 15%.

LABORATORY TESTS
Soil/Aggregate Classification and Index Tests:

Atterberg Limits (Liquid Limit/Plastic Limit/ Plasticity Index):
• Method A (Multi Point), ASTM D-4318/AASHTO T89 & T90 $210.00 • Method B (Single Point), ASTM D-4318/AASHTO T89 & T90 $190.00 • California Test Method, CT-204 $210.00
Grain Size Distribution of Soil:
• Sieve Analysis w/ Hydrometer ASTM D-422/AASHTO T88 $235.00 • Sieve Analysis w/o Hydrometer, ASTM D-422/AASHTO T88 $135.00 • Material Finer than #200 Sieve ASTM D-1140 $100.00
• California Test Method, CT-202 $135.00
Grain Size Analysis of Aggregate:
• Sieve Analysis ASTM C-136/AASHTO T27 $170.00
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• Material Finer than #200 Sieve ASTM C-117/AASHTO T11 $120.00 • California Test Method, CT-202 $160.00
Moisture Determination, ASTM D-2216/AASHTO T265/CT-226 $ 30.00 R-Value:
• Native Soil Samples ASTM D-2844/AASHTO T190/CT-301 $400.00 • With Additives, ASTM D-2844/AASHTO T190/CT-301 $475.00 Sand Equivalent, ASTM D-2419/CT-217 $160.00
Specific Gravity of Soil, ASTM D-854/AASHTO T100 $135.00 Specific Gravity of Aggregate $160.00
Expansion Index, ASTM D4829 $210.00
Cleanness Value of Coarse Aggregate, CT 227 $170.00
Durability Index, CT 229 $175.00
California Bearing Ratio with Compaction, ASTM D1883 Per Quote California Bearing Ratio with Compaction by Client, ASTM D1883 Per Quote Permeability, ASTM D2434/ASTM D5084 Per Quote
Corrosivity, Cal-Trans Package $350.00
Abrasion, L.A. Rattler, 100 and 500 Revolutions, ASTM C131 (Small Aggregate) $375.00 Abrasion, L.A. Rattler, 100 and 500 Revolutions, ASTM C535 (Small Aggregate) $690.00 Absorption, Coarse Aggregate, CT 206 $100.00
Absorption, Fine Aggregate, CT 207 $145.00
Clay Lumps and Friable Particles in Aggregate, AASHTO T 112 $145.00 Soundness, CT 214 $400.00
Percent Crushed Particles, CT 205 $145.00
Flat and Elongated Particles, ASTM D4791 $145.00
Fine Aggregate Angularity, AASHTO T304, Method A $285.00 Unit Weight of Aggregate $100.00
Moisture Density Relations/Compaction Curves:

Modified Proctor:
• 4” Mold, ASTM D-1557/AASHTO T180 $275.00
• 6” Mold, ASTM D-1557/AASHTO T180 $325.00
• One Point Verification (Check Point) $130.00
Standard Proctor:
• 4” Mold, ASTM D-698/AASHTO T99 $275.00
• 6” Mold, ASTM D-698/AASHTO T99 $325.00
• One Point Verification (Check Point) $130.00
Cal-Impact Test, CT-216 $315.00
Strength Tests:

Direct Shear:
• CD Peak and Residual, ASTM D-3080 (per point) $250.00 • CU Peak and Residual, ASTM D-3080 Modified (per point) $115.00 • Unconfined Compression, ASTM D-2166/AASHTO T208 $105.00 • Triaxial Compression, Undrained, ASTM D2850, per point Per Quote • Triaxial Compression, Drained, ASTM D7181, per point Per Quote • Triaxial Compression, Undrained with PP, ASTM D4767, per point Per Quote Packet Pg. 82
Attachment: Master Services Agreement with MNS Engineers including Task Order 1 (2936 : Agreements with MNS Engineers and Psomas for Pacific Crest Engineering Inc. Standard Fee Schedule
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Consolidation & Expansion Tests:

Consolidation, ASTM D-2435, per point $450.00
Expansion Pressure, ASTM D-3877 $340.00
Concrete Testing:

Compressive Strength of Concrete, ASTM C-39 (per cylinder) $ 70.00 Compressive Strength of Concrete, ASTM C-39, CT-521 (capped, per cylinder) $ 75.00 Compressive Strength of Shotcrete, ASTM C-1140 (per core, sulfur capped) $115.00 Compressive Strength of Mortar, ASTM C-109 (per cube) $ 65.00 Compressive Strength of Grout, ASTM C-1019 (per specimen) $ 70.00 Compressive Strength of Slurry/CLSM, ASTM D-4832 (capped, per cylinder) $ 90.00 Compressive Strength Testing of Cellular Concrete, ASTM C-495 (per cylinder) $115.00 Method of Test For Flexural Strength of Concrete, CT 523 $170.00 Method of Test For Flexural Strength of Rapid Strength Concrete, CT 524 $170.00 Shrinkage, ASTM C-157, Set of 3 $400.00
Length Change of Concrete, CT-537 (set of 3) $400.00
Concrete Storage Processing and Disposal $ 25.00
Shotcrete Specimen Casting Boxes $ 65.00
Hot Mix Asphalt (HMA) Tests:

Bulk Specific Gravity of Compacted Hot Mix Asphalt
• Saturated Surface Dry Method, ASTM D2726/AASHTO T166 $ 80.00 • Coated Specimens, ASTM D-1188/AASHTO T275 $ 85.00
Moisture Content of HMA, AASHTO T329 $ 45.00
Theoretical Maximum Density, ASTM D-2041, CT-309 $175.00 Asphalt Binder Content, AASHTO T308 $285.00
Asphalt Binder Content Correction Value, Per Mix Design, Average of 3 $825.00 Interlayer Shear Strength, AASHTO T329 (per core) $135.00 HMA Storage Processing and Disposal (per set, 1 year storage) $ 40.00 Stabilometer, Hveem S-Value, Set of 3 Per Quote
Miscellaneous:

Sample Preparation, if required (per hour) $110.00
Other specialty testing/inspection services are individually quoted. Per Quote Packet Pg. 83
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NON-EXCLUSIVE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF GONZALES

AND PSOMAS FOR TECHNICAL SUPPORT SERVICES FOR WASTEWATER SYSTEM PROJECTS THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and Psomas ("Consultant") (together sometimes referred to as the "Parties") as of March 18, 2024 (the "Effective Date").

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Section 2. COMPENSATION. The City will pay Consultant’s invoices under each authorized Task Order on an hourly not-to-exceed basis. The hourly rates in Exhibit B apply to all Task Orders. City shall pay Consultant for services rendered pursuant to this Agreement from deposits made by development applicants 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.

2.2 Monthly Payment. City shall make payments, based on invoices received, 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. Notwithstanding, Consultant and City acknowledge that payment for Consultant’s services are fully dependent on development applicants’ deposits and that the timing of City’s invoice payment may be adversely impacted by inadequate applicant Packet Pg. 85
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funds. City shall make a good -faith effort to ensure that all development applicant accounts are maintained at a level to cover Consultant’s anticipated costs.

2.3 <<Not Used>>

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.

2.6 Reimbursable Expenses. Any reimbursable expenses are included in the authorized contract amount and shall be approved by city staff in advance.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

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. Before beginning any work under this Agreement, 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 Packet Pg. 86
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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.

4.2 Commercial General and Automobile Liability Insurance.

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:

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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 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, except for 10-days’ notice of cancellation may be given for nonpayment of premium.

4.3 Professional Liability Insurance.

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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.

4.4.4 Wasting Policies. No policy required by this Section 4, except for the professional liability policy shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).

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 Packet Pg. 89
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subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

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 reasonably 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.

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 Packet Pg. 90
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(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.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

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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.

Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following:

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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

Section 9. KEEPING AND STATUS OF RECORDS.

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Section 10 MISCELLANEOUS PROVISIONS.

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.

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 Packet Pg. 94
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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.

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.

10.10 Notices. Any written notice to Consultant shall be sent to:

Christopher Davenport, Vice-President
Psomas
1660 Olympic Blvd., Suite 300
Walnut Creek, CA 94596
.

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

Packet Pg. 95
Attachment: Master Services Agreement with Psomas including Task Order 1 (2936 : Agreements with MNS Engineers and Psomas for Consulting Services Agreement between March 18, 2024
City of Gonzales and Psomas Page 13 of 13
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Exhibit A Scope of Services
Exhibit B Rate 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.

The Parties have executed this Agreement as of the Effective Date.

CITY OF GONZALES PSOMAS
Carmen Gil, City Manager Christopher Davenport, Vice-President Attest:

Mary Villegas, City Clerk
Packet Pg. 96
Attachment: Master Services Agreement with Psomas including Task Order 1 (2936 : Agreements with MNS Engineers and Psomas for Consulting Services Agreement between March 18, 2024
City of Gonzales and Psomas - Exhibit A Page 1 of 1
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EXHIBIT A
TASK ORDER 1

SCOPE OF SERVICES
Consultant shall provide Technical Support Services for the IW Pipeline, IW Treatment Facility, Rehabilitation of the city’s Wastewater Treatment Plant Projects and other efforts including:

1. Biddability/Constructability reviews of construction documents

2. Easement acquisition support

3. Grant applications to SWRCB for rehabilitation of existing WWTP

4. Prepare Industrial Discharger Pretreatment Program

5. Update Sewer Ordinance

6. Run Development Scenarios on city Sewer Model
Packet Pg. 97
Attachment: Master Services Agreement with Psomas including Task Order 1 (2936 : Agreements with MNS Engineers and Psomas for Consult
ing Services Agreement between March 18, 2024
City of Gonzales and Psomas- Exhibit B Page 1 of 1
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EXHIBIT B

RATE SCHEDULES
Packet Pg. 98
Attachment: Master Services Agreement with Psomas including Task Order 1 (2936 : Agreements with MNS Engineers and Psomas for City of Gonzales | PM/CM Services for Wastewater Projects 1 2024 FEE SCHEDULE
Project/Construction Management Services

HOURLY RATES
Principal (Contract Manager) $250
Process Specialist $200
Construction Manager $185 - $240
Project Engineer $160 - $195
Office/Field Engineer $140 - $160
Inspector $180 - $195

OTHER COSTS
Extraordinary expenses, such as subsistence, air travel, and large reproduction expenses will be charged at cost. The services of outside consultants will be charged at cost plus five percent.

Standard computer and technology costs are incorporated into the above hourly rates.

The above schedule is for straight time and includes overhead. Overtime will be charged at 129 percent of the standard hourly rates. Night work will be charged at 112 percent of the standard hourly rates. Sundays and Holidays will be charged at 170 percent of the standard hourly rates.

Packet Pg. 99
Attachment: Master Services Agreement with Psomas including Task Order 1 (2936 : Agreements with MNS Engineers and Psomas for City of Gonzales | PM/CM Services for Wastewater Projects 2 2024 FEE SCHEDULE
Water and Wastewater Engineering Services

ENGINEERING HOURLY RATES
Project Assistant $90 - $115
Engineering Assistant/Intern $75 - $110
Civil Engineering Designer/Survey Technician $95 - $145 Professional Engineer $140 - $165
Project Engineer $145 - $185
Senior Project Engineer/Project Technical Manager $160 - $215 Project Manager $180 - $225
Senior Project Manager, QA/QC Manager $200 - $275
f Standard computer and technology costs are incorporated into these hourly rates, as well as direct labor, overhead, fringe benefits and fee. f Survey and other specialty equipment will be charged at a per unit per day rate. f Expert witness testimony is two times the normal rate. f Per Diem is calculated at current State Department of Transportation rates (or other appropriate Agency rate).

REIMBURSABLES
Mileage at current IRS allowable rate and parking expenses incurred by office employees are charged at cost. Prints, plots, messenger service, subsistence, air travel, outside subconsultants and other direct expenses will be charged at cost plus ten percent.

Packet Pg. 100 Attachment: Master Services Agreement with Psomas including Task Order 1 (2936 : Agreements with MNS Engineers and Psomas for City of Gonzales | PM/CM Services for Wastewater Projects 3 2024 FEE SCHEDULE
Engineering Services

ENGINEERING HOURLY RATES
Project Assistant/Administrator $100 - $115
CAD Designer/Assistant Engineer $105 - $130
Design Engineer/Planner $130 - $165
Professional Engineer $145 - $170
Project Engineer $155 - $185
Senior Project Engineer $120 - $210
Senior Engineer/Planner $185 - $225
Contract Manager/Task Leader $225 - $250
Principal in Charge/QA-QC $245 - $265
f Standard computer and technology costs are incorporated into these hourly rates, as well as direct labor, overhead, fringe benefits and fee. f Survey and other specialty equipment will be charged at a per unit per day rate. f Expert witness testimony is two times the normal rate. f Per Diem is calculated at current State Department of Transportation rates (or other appropriate Agency rate).

Packet Pg. 101 Attachment: Master Services Agreement with Psomas including Task Order 1 (2936 : Agreements with MNS Engineers and Psomas for

STAFF TYPE HOURLY RATE
Project Assistant $140
Drafter $160
Designer / Engineer 1 / Planner 1 / Technical Specialist 1 $210 Engineer 2 / Planner 2 / Technical Specialist 2 $240
Engineer 3 / Planner 3 / Senior Designer / Technical Specialist 3 $265 Project Engineer 1 / Project Planner 1 / Project Technical Specialist 1 $280 Project Engineer 2 / Project Planner 2 / Project Technical Specialist 2 $295 Project Manager 1 / Technical Manager 1 $315
Project Manager 2 / Technical Manager 2 $330
SCADA Service Manager / Senior Project Manager / Senior Technical Manager $355 Senior Technical Leader $365
National Practice Leader $370

EXPENSES
Travel $0.67 / mile
Other Direct Costs At Cost Plus 10%
Subconsultants/Subcontractors At Cost Plus 10%
NOTES
Mileage rate will change as the federal allowable rate is modified.

Rate Schedule
Water Standard 2024
#5000
This rate schedule is confidential and for customer internal use only.

Woodard & Curran reserves the right to adjust billing rates annually. Page 1 of 1 Packet Pg. 102 Attachment: Master Services Agreement with Psomas including Task Order 1 (2936 : Agreements with MNS Engineers and Psomas for City of Gonzales

CITY ATTORNEY

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: March 18, 2024
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Introduction of Ordinance No. 2024-142 Amending Chapter 4.56 Taxicabs

RECOMMENDATION
It is recommended the City Council introduce, waive first reading, and read by title only Ordinance No. 2024-142, An Ordinance of the City Council of the City of Gonzales, California, Amending Chapter 4.56 Taxicabs of Title 4 Business and License Regulations of the Gonzales City Code, pertaining to permit requirements for taxicabs.

BACKGROUND
Monterey Salinas Transit (MST) is interested in expanding taxi service to South Monterey County cities to increase transportation options for residents. They administer a Taxi Voucher Program, which offers subsidized taxi fares for older adults, veterans, and persons with disabilities. It is funded through Measure Q, a 1/8 cent countywide sales tax that funds transportation programs.

Many Gonzales residents qualify for the program, but they have been unable to participate due to the lack of taxi operators in South County even though Gonzales residents are paying for a portion of the program costs. Yellow Cab has expressed an interest in expanding their services to South County, which could finally enable eligible Gonzales residents to participate in the future.

MST operates the Monterey County Regional Taxi Authority (MCRTA), which permits, approves rates, and inspects vehicles for taxi companies in all the jurisdictions in Monterey County except for the South Monterey County cities. Staff is recommending the City Council adopt an Ordinance that would exempt taxi companies and drivers from the City’s permit process if they have already completed the MCRTA requirements to streamline the process.

REVIEW AND ANALYSIS
AGENDA
ITEM
13 Packet Pg. 103
The City’s public transit permit process is similar to those that have been established in many cities.

However, they have become outdated because they were developed prior to the introduction of Uber service when taxi companies were much more prevalent and competitive.

Staff has concerns that Yellow Cab or another taxi company may lose interest in serving South County if they are required to complete a lengthy permitting process for each individual jurisdiction. In addition, since the City of Gonzales is a small jurisdiction, it does not have in-house mechanics and is not equipped to provide vehicle inspections. This service is provided to the MCRTA by the City of Monterey.

Therefore, the purpose of the recommended Ordinance is to help promote taxi service in the City of Gonzales by simplifying the permitting process, make the process more efficient by reducing duplication, and reduce workload and costs for the City.

Staff believes that the Ordinance will enable the City to benefit from the MCRTA services without the need for membership and representation with the MCRTA. The option of requesting consideration of membership could always be considered in the future if any issues arise.

The City’s existing process requires all operators to apply with detailed information on each vehicle.

Following a recommendation from the Chief of Police, permits are issued by the City Council following a public hearing. Vehicles are subject to inspections at any time by the Chief of Police. Rates for all vehicles are also set by the City Council following a public hearing.

Under the provisions of the proposed Ordinance, public transit operators and taxi drivers will be exempt from the City permitting, rate and inspection requirements if they have a valid permit issued by the MCRTA. All other Municipal Code requirements will still apply. They will be required to apply for and maintain a City business license, which will be revoked if they violate any of the other Municipal Code provisions.

A public hearing will be noticed for the meeting of April 1, 2024, where adoption of the Ordinance will be considered.

Explain: The recommendation is to revise the Gonzales City Code regarding taxicab service to dis-encumber local governmental permitting processes to encourage taxicab service to the City of Gonzales and South County Cities, by recognizing that MST operates the Monterey County Regional Taxi Authority (MCRTA), which permits, approves rates, and inspects vehicles for taxi companies in all the jurisdictions in Monterey County except for the South Monterey County cities. The City would like to benefit from this engagement and service provided by MCRTA and encourage taxicab services so licensed to serve the City.

Explain: Reducing governmental constraints that potentially discourages taxicab transit services locally, hopefully will encourage such transit service to serve the community and provide such a missing utility to our residents, thereby enhancing quality of life by allowing greater mobility.

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City services will be delivered in a cost-effective, respectful, and friendly manner to ensure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.

Explain: While not anticipating a direct cost to the City budget, having taxicab service in the community will allow our residents to better utilize existing voucher programs that help underwrite the costs to individuals needing such transportation.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No X N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment Yes No X N/A
• Education Yes No X N/A
Explanation: Please see the Vision above.

ALTERNATIVES
The following alternatives are presented for City Council consideration:

1. Introduce the Ordinance;

2. Direct staff to modify the Ordinance to reduce some of the requirements for taxi service providers who have a valid MCRTA permit, but maintain the requirement for a City permit;

3. Introduce the Ordinance, but direct staff to request consideration of joining the MCRTA;

4. Do not introduce the Ordinance and maintain the current taxi operator requirements; or

5. Provide staff with other direction.

FISCAL IMPACT
There is no direct cost from the proposed action.

ENVIRONMENTAL REVIEW
The proposed Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines § 15061(b)(3)). Further, the adoption and implementation of this Ordinance is not a project, as defined in CEQA Guidelines section 15378, because it has no potential for resulting in physical change to the environment, either directly or indirectly, and is therefore not subject to environmental review under CEQA pursuant to CEQA Guidelines section 15060(c)(3).

CONCLUSION
It is recommended the City Council introduce, waive first reading, and read by title only Ordinance No. 2024-142, An Ordinance of the City Council of the City of Gonzales, California, Amending Chapter 4.56 Taxicabs of Title 4 Business and License Regulations of the Gonzales City Code, pertaining to permit requirements for taxicabs.

Attachments:

1. Ordinance No. 2024-142
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ORDINANCE NO. 2024-142

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES, CALIFORNIA, AMENDING CHAPTER 4.56 TAXICABS OF TITLE 4

BUSINESS AND LICENSE REGULATIONS OF THE GONZALES CITY CODE WHEREAS, the City of Gonzales (“City”) is authorized by the California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the City regulates taxicabs operating within the City to protect public health, welfare and safety; and
WHEREAS, the Monterey County Regional Taxi Authority administers and enforces comparable regulations on behalf of a portion of Monterey County; and WHEREAS, the City Council desires to coordinate with the Monterey County Regional Taxi Authority on the regulation and oversight of taxicab services in order to attract increased transit services to the City in order to increase mobility for the public.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GONZALES FINDS AND ORDAINS AS FOLLOWS:

SECTION 1. The above recitals are all true and correct and are hereby adopted as findings.

SECTION 2. The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines § 15061(b)(3).) Further, the adoption and implementation of this Ordinance is not a project, as defined in CEQA Guidelines section 15378, because it has no potential for resulting in physical change to the environment, either directly or indirectly, and is therefore not subject to environmental review under CEQA pursuant to CEQA Guidelines section 15060(c)(3).

SECTION 3. Section 4.56.020 of Chapter 4.56-Taxicabs, of Title 4-Business and License Regulations of the Gonzales City Code is hereby amended to read as follows; all other portions of Chapter 4.56 remain in full force and effect:

Section 4.56.020 OWNER AND DRIVER PERMITS REQUIRED; EXCEPTIONS It is unlawful for any person to operate or cause to be operated at any point in the city any taxicab or limousine unless there shall have been issued by the city an owner’s permit to the owner and a driver’s permit to the driver thereof, and unless such permit shall be in full force and effect except:

Packet Pg. 106 Attachment: Ordinance No. 2024-142 (2942 : Introduction of Ordinance No. 2024-142 Amending Chapter 4.56 Taxicabs)

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A. When a vehicle which is lawfully transporting a passenger, or passengers, from a point outside to a destination within the city, provided that no such vehicle shall, without such permit, solicit or accept a passenger or passengers from within the city for transportation to any destination whatsoever;
B. When a vehicle is being operated pursuant to a franchise issued by the city or pursuant to authority of the railroad commission of the state of California; C. When a vehicle is being operated for the purpose of transporting bona fide pupils attending an institution of learning between their home and such institutions; D. When a vehicle is being operated by taxicab owners and drivers who have been issued and maintained in full force and effect a valid taxicab permit by the Monterey County Regional Taxi Authority.
a. Any such person operating under a valid Monterey County Regional Taxi Authority permit shall be exempt from requirements set forth in this chapter for issuance of a city permit, vehicle inspections and rates charged, but shall be required to comply with all regulations and requirements set forth as conditions of the permit issued by the Monterey County Regional Taxi Authority while operating within the city, including the rates charged and regular inspections conducted by the Monterey County Regional Taxi Authority.
b. Any such person authorized to operate public transit services without a city permit under the exemption set forth in this subsection shall comply with all other provisions set forth in this chapter regarding the operation of public transit vehicles within the city and shall be required to apply for, obtain and maintain in full force and effect a city business license prior to operation within the city. c. Failure to comply with any regulations or requirements for operation of a public transit vehicle set forth by the city or Monterey County Regional Taxi Authority shall be grounds for revocation of the business license and termination of future operation within the city.

SECTION 4: EFFECTIVE DATE.

This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.

This Ordinance was introduced and first read by the City Council of the City of Gonzales at a regular meeting on the 18th of March, 2024, and Packet Pg. 107 Attachment: Ordinance No. 2024-142 (2942 : Introduction of Ordinance No. 2024-142 Amending Chapter 4.56 Taxicabs)

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PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting on by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_______________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
___________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 108 Attachment: Ordinance No. 2024-142 (2942 : Introduction of Ordinance No. 2024-142 Amending Chapter 4.56 Taxicabs)

Gonzales City CouncilMarch 18, 2024

Gonzales City Council
March 18, 2024