GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, April 11, 2023 at 7:00 PM
Council Chambers, Grass Valley City Hall | 125 East Main Street, Grass Valley, California Telephone: (530) 274-4310 – Fax: (530) 274-4399
E-Mail: [email protected] Web Site: www.cityofgrassvalley.com AGENDA
Any person with a disability who requires accommodations to participate in this meeting should telephone the City Clerk’s office at (530)274-4390, at least 48 hours prior to the meeting to make a request for a disability related modification or accommodation.
Mayor Jan Arbuckle, Vice Mayor Hilary Hodge, Councilmember Bob Branstrom, Councilmember Haven Caravelli, Councilmember Tom Ivy
MEETING NOTICE
City Council welcomes you to attend the meetings electronically or in person at the City Hall Council Chambers, located at 125 E. Main St., Grass Valley, CA 95945. Regular Meetings are scheduled at 7:00 p.m. on the 2nd and 4th Tuesday of each month. Your interest is encouraged and appreciated.
This meeting is being broadcast “live” on Comcast Channel 17 by Nevada County Media, on the internet at www.cityofgrassvalley.com, or on the City of Grass Valley YouTube channel at https://www.youtube.com/channel/UCdAaL-uwdN8iTz8bI7SCuPQ.
Members of the public are encouraged to submit public comments via voicemail at (530) 274-4390 and email to [email protected]. Comments will be reviewed and distributed before the meeting if received by 5pm. Comments received after that will be addressed during the item and/or at the end of the meeting. Council will have the option to modify their action on items based on comments received. Action may be taken on any agenda item.
Agenda materials, staff reports, and background information related to regular agenda items are available on the City’s website: www.cityofgrassvalley.com. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet will be made available on the City of Grass Valley website at www.cityofgrassvalley.com, subject to City staff’s ability to post the documents before the meeting.
Council Chambers are wheelchair accessible and listening devices are available. Other special accommodations may be requested to the City Clerk 72 hours in advance of the meeting by calling (530) 274-4390, we are happy to accommodate.
City of Grass Valley, CA AGENDA April 11, 2023
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL - The City Council reserves the right to hear items in a different order to accomplish business in the most efficient manner.
REPORT OUT OF CLOSED SESSION
INTRODUCTIONS AND PRESENTATIONS
1. Arts, Culture and Creativity Proclamation.
PUBLIC COMMENT - Members of the public are encouraged to submit public comments via voicemail at (530) 274-4390 and email to [email protected]. Comments will be reviewed and distributed before the meeting if received by 5pm. Comments received after 5pm will be addressed during the item and/or at the end of the meeting. Council will have the option to modify their action on items based on comments received. Action may be taken on any agenda item. There is a time limitation of three minutes per person for all emailed, voicemail, or in person comments, and only one type of public comment per person. For any items not on the agenda, and within the jurisdiction or interest of the City, please come to the podium at this time. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item is announced. When recognized, please begin by providing your name and address for the record (optional).
CONSENT ITEMS -All matters listed under the Consent Calendar are to be considered routine by the City Council and/or Grass Valley Redevelopment Agency and will be enacted by one motion in the form listed. There will be no separate discussion of these items unless, before the City Council and/or Grass Valley Redevelopment Agency votes on the motion to adopt, members of the Council and/or Agency, staff or the public request specific items to be removed from the Consent Calendar for separate discussion and action but Council action is required to do so (roll call vote).Unless the Council removes an item from the Consent Calendar for separate discussion, public comments are invited as to the consent calendar as a whole and limited to three minutes per person.
2. Approval of the Special Meeting Minutes of March 30th, 2023.
Recommendation: Council approve minutes as submitted.
3. Local Emergency Proclamation (Drought Conditions)
CEQA: Not a Project.
Recommendation: Drought Conditions proclamation declaring a Local State of Emergency
4. Local Emergency Proclamation (Winter Storm of February 2023) CEQA: Not a project
Recommendation: To continue the Winter Storm February 24th, 2023 to March 1st, 2023 proclamation declaring a Local State of Emergency
5. Updated Job Description for Battalion Chief
CEQA: Not a Project
City of Grass Valley, CA AGENDA April 11, 2023
Recommendation: That Council approved the updated Job Description for Battalion Chief
6. Approval of Professional Services Agreement with Sauers Engineering, Inc. for Infrastructure Needs Study for the Southern Sphere of Influence and Grass Valley RV Park Annexation Areas.
CEQA: Not a Project
Recommendation: Staff recommends the Council authorize the City Manager to sign the attached Professional Services Agreement with Sauers Engineering, Inc., for preparation of the Infrastructure Needs Study.
7. Professional Service Agreements for on-call landscape design assistance services.
CEQA: Not a project.
Recommendation: The Council 1) approves the City Manager to execute Professional Services Agreements with Melton Design Group, Inc and Living Outdoors Landscapes for on-call landscaping design assistance services subject to legal review; 2) allow City Manager to approve a 5% contingency; 3) allow Finance Director to make any necessary budget adjustments and transfers.
8. Authorize travel for Mayor Arbuckle to the National League of Cities (NCL) Conferences for 2023
CEQA: Not a project.
Recommendation: That Council approve travel and related expenses for Mayor Arbuckle to attend the National League of Cities Conferences for 2023 (NLC Summer Board & Leadership, NLC Women in Municipal Government, & NLC City Summit).
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /
OR ANY ADDED AGENDA ITEMS
REORGANIZATION RELATED ITEMS
PUBLIC HEARING
9. Introduction of an ordinance amending section 8.24.260 of chapter 8.24 of Title 8 of the Grass Valley Municipal Code regarding Garbage Collection and Recycling.
CEQA: Not a Project.
Recommendation: Introduce the attached ordinance, waive full reading, and read by Title Only
ADMINISTRATIVE
10. Economic / Inflation Update – HdL Companies
CEQA: Not a Project
Recommendation: It is recommended that the City Council receive a presentation on the current status of the economy and inflation from HdL Companies
BRIEF REPORTS BY COUNCIL MEMBERS
ADJOURN
City of Grass Valley, CA AGENDA April 11, 2023
POSTING NOTICE
This is to certify that the above notice of a meeting of The City Council, scheduled for Tuesday, April 11th, 2023 at 7:00 PM was posted at city hall, easily accessible to the public, as of 5:00 p.m. Thursday, April 6th, 2023.
________________________
Taylor Day, Deputy City Clerk
PROCLAMATION
Arts, Culture and Creativity Month
April 2023
Whereas, Arts are not only an impressive and important agent for economic development, but also impact societal issues that include health, corrections, housing, immigration, veterans, transportation and education; and
Whereas, It is imperative for all children and youth in the state to have access to arts education in their schools; and
Whereas, In a city as diverse as Grass Valley, the arts serve to give voice to our many communities, spark individual creativity, foster empathy and understanding, spur civic engagement, and serve as a continual source of personal enrichment, inspiration, and growth; and Whereas, California is the fifth largest economy in the world, with a creative economy of approximately $507.4 billion in 2021 according to the 2023 Otis Report on the Creative Economy; and
Whereas, the California Legislature adopted Senate Concurrent Resolution No. 33 on April 25, 2019 proclaiming April 2019, and every April thereafter, as Arts, Culture, and Creativity Month; and
NOW, THEREFORE, Be It Resolved that the Grass Valley City Council does herby proclaim the month of April 2023, as Arts, Culture and Creativity Month.
Dated this 11th day of April 2023
_____________________________ _____________________________ Jan Arbuckle, Mayor Hilary Hodge, Vice Mayor
________________________________
Haven Caravelli, Council Member
____________________________ _____________________________ Bob Branstrom, Council Member Thomas Ivy, Council Member
Item # 1.
GRASS VALLEY
Special City Council Meeting
Thursday, March 30, 2023 at 3:30 PM
Council Chambers, Grass Valley City Hall | 125 East Main Street, Grass Valley, California Telephone: (530) 274-4310 – Fax: (530) 274-4399
E-Mail: [email protected] Web Site: www.cityofgrassvalley.com
MINUTES
CALL TO ORDER
Meeting called to order at 3:34pm
PLEDGE OF ALLEGIANCE
Pledge of allegiance led by Lisa Swarthout.
ROLL CALL
PRESENT
Councilmember Bob Branstrom
Councilmember Haven Caravelli
Councilmember Tom Ivy
Vice Mayor Hilary Hodge
Mayor Jan Arbuckle
AGENDA APPROVAL -
Motion made to approve the agenda by Vice Mayor Hodge, Seconded by Councilmember Ivy.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Vice Mayor Hodge, Mayor Arbuckle
REPORT OUT OF CLOSED SESSION
On March 20, 2023, the City Council approved on a 4-0 vote, with Councilmember Ivy absent, to initiate a lawsuit against Matthew Coulter for public nuisance and violations of civil rights related to his harassment of city officials, employees, contractors, volunteers and the public generally.
INTRODUCTIONS AND PRESENTATIONS
PUBLIC COMMENT -
In person comment: Jeff Hekemian
CONSENT ITEMS -
Motion made to approve consent items by Councilmember Branstrom, Seconded by Councilmember Caravelli.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Vice Mayor Hodge, Mayor Arbuckle
Item # 2.
City of Grass Valley, CA MINUTES March 30, 2023
1. Approval of the Regular Meeting Minutes of March 15th, 2023 Recommendation: Council approve minutes as submitted.
2. Local Emergency Proclamation (Drought Conditions)
CEQA: Not a Project.
Recommendation: Drought Conditions proclamation declaring a Local State of Emergency
3. Local Emergency Proclamation (Winter Storm of February 2023) CEQA: Not a project
Recommendation: To continue the Winter Storm February 24th, 2023 to March 1st, 2023 proclamation declaring a Local State of Emergency
4. Review of 2022 General Plan Annual Progress Report.
CEQA: Not a Project
Recommendation: Receive and File. No formal action required.
5. Review of 2022 Annual Housing Element Progress Report CEQA: Not a Project
Recommendation: Receive and File. No formal action required.
6. Condon Park Parking Improvements Project – Final Acceptance CEQA: Exempt – Section 15301 “Existing Facilities”
Recommendation: That Council: 1) accept the Condon Parking Lot Improvements Project as complete, and 2) authorize the City Engineer to file a Notice of Completion with the County Recorder.
7. Ridge Village Development – Approve Final Map
CEQA: Negative Declaration
Recommendation: That Council 1) approve the Final Map 19PLN-24 for Ridge Village Subdivision, 2) accept the public improvements, and 3) approve Resolution 2023-10, accepting the public utility easements and roadway dedications.
8. On-Call Civil Plan Review Services – Contract Amendment CEQA: Exempt – Not a Project
Recommendation: That Council 1) authorize a contract amendment with Bureau Veritas North America Inc. (BV) for on-call civil plan review services, and 2) authorize the City Engineer to execute a contract amendment with BV, pending legal review, in an amount not to exceed $60,000 for the initial 2 year term of the project.
9. On-Call Engineering Services – Authorization to Award Contract CEQA: Exempt – Not a Project
Recommendation: That Council 1) authorize the City Engineer to execute a contract with Coastland Civil Engineering LLP., pending legal review, for on-call professional
Item # 2.
City of Grass Valley, CA MINUTES March 30, 2023
engineering services, in an amount not to exceed $330,000 for the initial 3 year term of the project.
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /
OR ANY ADDED AGENDA ITEMS
ADMINISTRATIVE
10. Pioneer Community Energy - Community Choice Aggregation Program (CCA) for the City of Grass Valley
CEQA: Not a project
Recommendation: That Council 1) approve Pioneer Community Energy to procure the necessary energy to serve the City of Grass Valley starting in January 2024, and 2) adopt a Resolution 2023-09 authorizing the Mayor to appoint City Council Members to the Pioneer Board of Directors.
City Manager Tim Kiser and Mark Riffey gave presentation to Council.
Council encouraged the community to look into previous presentations put on by Pioneer Electric that are available on their website. Council asked if Pioneer Electric had updated their net metering guidelines. Council asked about opting in vs opting out of the program and solar customers.
Motion to approve Pioneer Community Energy to procure the necessary energy to serve the City of Grass Valley starting in January 2024 made by Councilmember Branstrom, Seconded by Councilmember Ivy.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Vice Mayor Hodge, Mayor Arbuckle
Motion to adopt a Resolution 2023-09 authorizing the Mayor to appoint City Council Members to the Pioneer Board of Directors made by Vice Mayor Hodge, Seconded by Councilmember Caravelli.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Vice Mayor Hodge, Mayor Arbuckle
11. Parks Capital Improvements Projects – Summary and Update CEQA: Exempt – Not a Project
Recommendation: That Council 1) receive an update on the numerous Parks and Recreation improvements projects completed throughout the City in the past several years.
City Engineer Bjorn Jones gave presentation to the Council.
Council asked why natural grass was chosen over turf for Mautino Park and asked about adding picnic tables to Memorial Park. Council also asked about remaining product and if there is a plan to utilize it.
BRIEF REPORTS BY COUNCIL MEMBERS
Councilmember Branstrom acknowledged the work citizens and staff did during the latest snow storm, noted the ongoing work on the Mill Street project, attended his first LAFCO meeting, attended Sierra Stages newest production, attended SNMH Martini and a Movie event, attended Target's special guest opening, and will attend art exhibit at the Courtyard Suites. Councilmember Caravelli attended the Chamber meeting, the Target opening and El
Item # 2.
City of Grass Valley, CA MINUTES March 30, 2023
Barrio had an Aztec dance ceremony. Councilmember Ivy commended staff for hard work during the snow and attended the NCTC meeting. Mayor Arbuckle attended Power of the Purse and went to Washington DC for the small cities council meeting.
ADJOURN
Meeting adjourned at 4:41pm.
___________________________________ __________________________________ Jan Arbuckle, Mayor Taylor Day, City Clerk
Adopted on:_____________________
Item # 2.
Item # 2.
Memo
To: Grass Valley City Council
From: Millennium Planning & Engineering
Rob Wood, CEO
cc: Jeff Hekemian
Date: 3/28/2023
Re: General Plan Update – Whispering Pines
Honorable Council Members:
We understand the City of Grass Valley is beginning a comprehensive update of its General Plan.
We represent multiple clients who are interested in developing their vacant property within the Whispering Pines Business Park, but have been limited in their options by an outdated Specific Plan.
The Whispering Pines Specific Plan (WPSP) is over 40 years old and includes many antiquated uses and standards that create constraints to develop new modern businesses. Over the past 40 years, the park has included a wide variety of businesses, and the shifting market over the past several years has made it difficult to maintain occupancy of existing buildings or contract new buildings on the few remaining lots.
Staff and property owners have recognized this concern and attempts to expand the range of uses have failed. Though the WPSP includes self-mitigating standards that prohibit uses that would impact neighbors or the existing uses in the business park, there have been concerns raised by some neighbors, making it difficult or impossible to develop vacant in-fill parcels within the park. We believe the most cost-effective way to modernize the WPSP would be to include this in the City’s comprehensive update of its General Plan. Including Whispering Pines in the update will help revitalize the area and spur economic development for the modern economy.
Thank you for your consideration.
Item # 2.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Local Emergency Proclamation (Drought Conditions) CEQA: Not a Project.
Recommendation: Drought Conditions proclamation declaring a Local State of Emergency
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 4/11/2023 Date Prepared: 4/6/2023 Agenda: Consent
Background Information: On May 10, 2021, Governor Newsom modified a State of Emergency Proclamation that declared that a State of Emergency to exist in California due to severe drought conditions to include 41 counties, including Nevada County. The Proclamation directed state agencies to partner with local water suppliers to promote conservation through the Save Our Water campaign, a critical resource used by Californians during the 2012-2016 drought. Some municipalities have already adopted mandatory local water-saving requirements, and many more have called for voluntary water use reductions.
Nevada Irrigation District (NID) declared a drought emergency throughout the District’s service area on April 28, 2021, which includes portions of the City of Grass Valley, and requested that customers conserve 10 percent of their normal water usage. Both NID and Nevada City have now mandated at least 20% conservation requirements.
On June 22, 2021, City Council approved Resolutions No. 2021-41 declaring a local emergency due to drought conditions and No.2021-42 mandating water conservation.
All treated Water Customers are required to reduce water use by 20%.
Council Goals/Objectives: This resolution executes portions of work tasks towards achieving/maintaining Strategic Plan – Water and Wastewater Systems and Underground Infrastructure. The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.
Fiscal Impact: The Fiscal Impact to the Water Fund should be minor, but if the drought continues for several years the impact could be more significant.
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Item # 3.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Local Emergency Proclamation (Winter Storm of February 2023) CEQA: Not a project
Recommendation: To continue the Winter Storm February 24th, 2023 to March 1st, 2023 proclamation declaring a Local State of Emergency
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 4/11/2023 Date Prepared: 4/6/2023 Agenda: Consent
Background Information: Due to conditions of extreme peril to the safety of persons and property have arisen within the City of Grass Valley, caused by the winter storm February 24th, 2023 to March 1st, 2023 which has cut power, downed trees, blocked roads and created other hazards to health and human safety commencing at which time the City Council of the City of Grass Valley was not in session. The city found it necessary to proclaim the existence of a local emergency throughout the city.
On March 2nd, Tim Kiser, the Emergency Services Director, proclaimed an existence of a local emergency. On March 8th, 2023, at a special City Council Meeting council adopted Resolution 2023-07 confirming the Emergency Services Director’s proclamation of a local emergency.
Council Goals/Objectives: This resolution executes portions of work tasks towards achieving/maintaining Strategic Plan – Public Safety. The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.
Fiscal Impact: The City will be requesting reimbursement for repair costs from the California Office of Emergency Services. If approved, costs would be reimbursable around 75% and sufficient General Funds exist to cover any shortfall.
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Item # 4.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Updated Job Description for Battalion Chief
CEQA: Not a Project
Recommendation: That Council approved the updated Job Description for Battalion Chief
Prepared by: Mark Buttron- Fire Chief
Council Meeting Date: 04/11/2023 Date Prepared: 04/04/2023 Agenda: Consent
Background Information: Job descriptions are routinely updated as training, expectations, and level of service increase. The updated description brings into alignment the qualifications, duties, and responsibilities of the Battalion Chief with the professional expectations of the City of Grass Valley Fire Department.
Council Goals/Objectives: Exceptional Public Safety consistent with the City of Grass Valley Strategic Plan
Fiscal Impact: None
Funds Available: N/A Account #: N/A
Reviewed by:
Attachments: Battalion Chief Job Description
Item # 5.
City of Grass Valley
JOB DESCRIPTION
BATTALION CHIEF
________________________________________________________________ 1 Department: Fire Department FSLA Status: Exempt
Reports To: Fire Chief Unit: 1 / Classified Full-Time Position Adopted: June 6, 2002 Revised: March 2023
_____________________________________________________________________________
SUMMARY OF JOB PURPOSE
Under the supervision of the Fire Chief, the Battalion Chief is responsible for the management of staff and resources on an assigned shift that may, under agreement, include employees and resources of other fire agencies. The Battalion Chief plans, organizes, directs, and evaluates the emergency activities of assigned personnel. The Battalion Chief performs administrative duties that may include the supervision and/or staff work of specialized functions within the fire department including Fire Prevention, Training and Safety, program and policy review and development, and providing staff assistance to the fire chief.
The Battalion Chief position is an exempt management position which involves a high degree of discretion and requires independent judgment, self-motivation and high ethical standards. The position requires all-risk emergency response technical skills and administrative and leadership abilities.
In the absence of the Fire Chief, the Battalion Chief may act as the chief officer of the fire department.
Applicants must pass a medical examination to verify the ability to physically perform all required duties.
SUPERVISION RECEIVED AND EXERCISED
The position is supervised by the Fire Chief and is the direct supervisor of shift assigned Captains and the indirect supervisor of shift assigned Engineers and Firefighters. If assigned supervision of other staff functions, the Battalion Chief may supervise the staff assigned in those particular functions.
ESSENTIAL FUNCTIONS (includes but not limited to listed tasks) • Coordinates the staffing and operational activities of the shift. Where appropriate, responds to, and assumes command of, or fills other subordinate supervisory positions at emergency incidents.
• May respond to and assist ALS, LALS, and BLS department members in medical processes and procedures; communicates medical information to the hospital;
Item # 5.
City of Grass Valley
JOB DESCRIPTION
BATTALION CHIEF
________________________________________________________________ 2 documents emergency care rendered, all in compliance with local, state, and federal laws and regulations.
• Recognizes the importance of firefighter safety and wellness and works continuously in pursuit of a safe working environment, providing appropriate training and developing attitudes that promote safety and healthy lifestyles.
• Assures shift operational readiness of personnel, apparatus, and equipment. • Participates in the selection, training, evaluation, motivation, and career development of assigned staff.
• Monitors employee performance, conducts performance appraisals, and assists employees in setting goals. Implements performance improvement plans and initiates corrective or disciplinary actions as necessary.
• Is knowledgeable of and implements the policies and procedures of the City and the Department including purchasing and personnel policies and operational procedures. • Suggests updates of existing policy and develops new policies for approval. • Fosters the efficient provision of emergency services through cooperation and coordination with other fire departments, city departments and allied agencies. • Coordinates with other shift Battalion Chiefs on the implementation of new practices across all shifts and strives to achieve consistency in operations across all shifts. • Participates in apparatus and equipment inspections, coordinates maintenance and repairs, and participates in the development of new apparatus specifications. • Prepares reports, reviews reports prepared by subordinates. Maintains thorough and accurate records.
• Continuously monitors and evaluates procedures, practices and methods for safety, efficiency, effectiveness and necessity. Recommends changes where appropriate. • Purchases supplies and services in support of Fire Department operations. • Provides staff assistance to the Fire Chief as directed. • When called and available, responds to emergency incidents when off duty. • Knowledgeable in the use of Report Management System to record and document responses and activities.
Item # 5.
City of Grass Valley
JOB DESCRIPTION
BATTALION CHIEF
________________________________________________________________ 3 QUALIFICATIONS
To perform this job successfully, a person must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required.
Knowledge of:
• Must be knowledgeable of the Incident Command System and incident control strategies and tactics.
• Must be able to analyze and research job related topics, prepare staff reports and make oral presentations. Must be able to effectively train personnel in a classroom or field setting and in one-on-one or group settings.
• Must have basic knowledge of laws, codes, regulations, standards, and agreements related to the provision of Fire Department services, including Fire Prevention • Must have a basic understanding of budget management and procurement policy.
Skills in:
• Modern all risk emergency incident operations
• Management practices
• Inner personal relationship building
• Team building
• Cooperating with multiple agencies including State and Federal Fire Agencies, Law Enforcement and Emergency Medical Services Agencies
Ability to:
• Must have personnel management skills sufficient to effectively lead subordinates. • Must possess the ability to set priorities and see tasks through to a conclusion. • Must be able to establish effective working relationships with personnel, elected officials, and other city departments and outside agencies.
EDUCATION AND EXPERIENCE
• Minimum 18 years of age
• Completed the 12th grade with Diploma or General Education Degree
Item # 5.
City of Grass Valley
JOB DESCRIPTION
BATTALION CHIEF
________________________________________________________________ 4 • California State Firefighter 1 certificate or equivalent as recognized by the California State Fire Marshal. Full time experience in an all-risk fire agency may be substituted for the required completion of the California State Fire Marshal Fire Academy as determined by the City.
• Associates Degree in fire service or related field. Significant experience in fire suppression, leadership and management may be substituted for the associate degree at the discretion of the Fire Chief
• Bachelor’s Degree in fire service or related field desired • Ten years full-time paid fire suppression experience. Career must exhibit a pattern of increasing responsibilities, participation, and professional growth. • Three years’ experience as a fire captain assigned to fire suppression in a professional, career fire department with engine and/or truck company background. Acting appointments to Fire Captain qualify as ½ time credited for each year (365 days) of acting worked.
CERTIFICATES, LICENSES, REGISTRATIONS
• California State Firefighter 1 certificate or equivalent as recognized by the California State Fire Marshal. Full time experience in an all-risk fire agency may be substituted for the required completion of the California State Fire Marshal Fire Academy as determined by the City.
• Valid California Emergency Medical Technician (EMT) certification (or ability to obtain prior to appointment) and the ability to obtain Expanded scope EMT accreditation provided by the Grass Valley Fire Department. A valid and current California EMT certification and the Expanded Scope EMT must be maintained as a condition of employment.
• Current CPR certification. A valid and current CPR certification is a condition of employment.
• Valid unrestricted California Driver’s License for operations of fire apparatus or a valid unrestricted California Commercial Driver’s License. A valid California Driver’s License endorsed for operation of fire apparatus, or a valid California Commercial Driver’s License must be maintained as a condition of employment. • ICS-300
• CSFM Fire Officer
Item # 5.
City of Grass Valley
JOB DESCRIPTION
BATTALION CHIEF
________________________________________________________________ 5 • Progress towards certification as a Chief Officer (post appointment permissible)
WORK SCHEDULE
The Battalion Chief is expected to maintain a physical presence in order to carry out the essential job duties, which may include assigned traditional or flexible shift schedule as determined by the Fire Chief.
LANGUAGE SKILLS
Ability to read, write and communicate in English at a level required for successful job performance.
MATHEMATICAL SKILLS
Ability to use and understand basic mathematical concepts such as: adding, subtracting, multiplying, dividing, simple fractions and percentages.
REASONING ABILITY
Ability to apply common sense understanding to carry out instructions furnished in written, orally or in diagram form; analyze and resolve problems involving circumstances and or events using standardized methods or procedures.
PHYSICAL DEMANDS
• Person must pass a medical examination to verify the ability to physically perform all required duties.
• The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. • The employee must be free from any physical, emotional, or mental condition which might adversely affect the ability to perform essential job duties. • The employee must have the ability to perform those physical activities required for the execution of essential functions including, but not limited to, regular sitting, walking, standing, performing repetitive motions with hands and wrists such as regular keyboarding. The employee must have the ability to perform normal communications, including in person, two-way radio or on the telephone. The employee must also be able to crouch, kneel, stoop, twist, climb, balance, reach, grasp, push, pull, carry and lift 100 pounds of weight. The employee must be able to work in confined spaces for extended periods of time in all climates and weather.
Item # 5.
City of Grass Valley
JOB DESCRIPTION
BATTALION CHIEF
________________________________________________________________ 6 WORKING ENVIRONMENT
• May require exposure to physical hazards such as fumes, chemical and bodily fluids. • May require working in adverse environmental conditions such as inclement weather, extreme temperature, dust, noise, dim lighting, confined spaces, and other conditions that may arise while performing essential functions.
• May require the ability to wear an air supply / purifying respirator. • May be required to work for extended periods without days off.
BACKGROUND
Candidates offered employment will be required to successfully pass a background investigation that may include psychological examination, polygraph examination and in-depth background investigation.
GENERAL
The City reserves the right to revise or change classification duties and responsibilities as the need arises. This description does not constitute a written or implied contract of employment.
This job description indicates in general the nature and levels of work, skills, abilities, and other essential functions (as covered under the Americans with Disabilities Act) expected of the incumbent. It is not designed to cover or contain a comprehensive listing of activities, duties, or responsibilities required of the incumbent. Incumbent may be asked to perform other duties as required. The City of Grass Valley is an EQUAL OPPORTUNITY
EMPLOYER
Item # 5.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Approval of Professional Services Agreement with Sauers Engineering, Inc. for Infrastructure Needs Study for the Southern Sphere of Influence and Grass Valley RV Park Annexation Areas.
CEQA: Not a Project
Recommendation: Staff recommends the Council authorize the City Manager to sign the attached Professional Services Agreement with Sauers Engineering, Inc., for preparation of the Infrastructure Needs Study.
Prepared by: Lance E. Lowe, AICP, Principal Planner
Council Meeting Date: April 11, 2023 Date Prepared: April 7, 2023 Agenda: Consent
Background Information: On September 23, 2023, Nevada County issued a Request for Proposals for the Regional Early Action Planning Grant Funds (REAP) from interested agencies and jurisdictions, including Nevada Irrigation District, City of Grass Valley, City of Nevada City and Town of Truckee to prepare a Regional Infrastructure Plan. The Studies would provide the information necessary to upgrade water and sewer infrastructure in the County’s Sphere of Influence to encourage development of housing units in accordance with the County’s and City’s 2019 – 2027 Housing Elements.
The Community Development Department, in consultation with Nevada Irrigation District, submitted a proposal on November 18, 2023. The City’s proposal was awarded $115,000, on January 24, 2023, to evaluate water infrastructure in two recently annexed areas:
1) The Southern Sphere of Influence Planning & Annexation Project is located along State Route (SR) 49, immediately south of the existing City of Grass Valley limits and within the City of Grass Valley Planning Area in the central/western portion of Nevada County.
The project spans both the east and west sides of SR 49, beginning in the vicinity of McKnight Road and extending south along SR 49 and La Barr Meadows Road to the western boundary of Empire Mine State Park. In total, the project area is ±400 acres and includes 55 Assessor's Parcels. Additionally zoned lands include Multiple Family (R-3) 134 dwelling units on 6.7 acres; Medium Density (R-2) 154 dwelling units on 26 acres; and Low Density (R-1) 51 dwelling units on 15 acres for a total of 339 dwelling units.
Item # 6.
2) The City of Grass Valley RV Resort and Annexation Project is located at 11425 McCourtney Road and the Annexation properties are generally located north and east of McCourtney Road and Old Auburn Road. The project contains ±45 total acres consisting of 33 Accessor's Parcels. The annexation areas consisting of 25 acres have been zoned to the City’s Neighborhood Center (NC-Flex) Zone, which permits mixed-use and multiple family dwelling units at a density of 20 units per gross acre.
The RV Resort and Annexation Project sewer is to be constructed by the RV Resort Developer. Water on the other hand is constrained. NID modeling identified a total of ±500 gallons per minute (gpm) from their existing system, which will not meet Fire Flow requirements per the City's Fire Code 1,500 gpm for a 2-hour duration. Water line pinch points are at the Brighton Street Bridge over State Route 20 where the City/NID service boundaries interface.
The Community Development Department issued a Request for Proposals to prepare the Regional Infrastructure Planning Study, which closed on March 17, 2023. Sauers Engineering Inc. submitted the sole proposal to the City’s request. City staff has verified that Sauers Engineering, Inc. is a qualified engineering firm with experience with infrastructure needs studies. Accordingly, staff recommends that the City Council authorize the City Manager to sign the attached Professional Services Agreement with Sauers Engineering, Inc., for preparation of the Infrastructure Needs Study.
Upon authorization of the Professional Services Agreement, public outreach with property owners and stakeholders will occur with initiation of the study. The grant for the Infrastructure Needs Study has a short window of completion with a project completion date of July 15, 2023.
Council Goals/Objectives: The Infrastructure Needs Study executes portions of work tasks towards achieving/maintaining Strategic Plan – Economic Development and Vitality and fulfills goals, policies and objectives of the City’s 2019 – 2027 Housing Element.
Fiscal Impact: Nevada County awarded the City $115,000 for the grant. The Professional Services Agreement with Saurers Engineering, Inc. is not to exceed $105,000. The Community Development Department and Nevada Irrigation District are to expend the remaining $10,000 and have committed to providing any additional staff time pro bono as a contribution as matching funds.
Reviewed by: ______Community Development Dir. _______City Manager ATTACHMENT:
Attachment 1 – Draft Professional Services Agreement with Sauers Engineering, Inc. with Exhibits A & B.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
Item # 6.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Professional Service Agreements for on-call landscape design assistance services.
CEQA: Not a project.
Recommendation: The Council 1) approves the City Manager to execute Professional Services Agreements with Melton Design Group, Inc and Living Outdoors Landscapes for on-call landscaping design assistance services subject to legal review; 2) allow City Manager to approve a 5% contingency; 3) allow Finance Director to make any necessary budget adjustments and transfers.
Prepared by: Zac Quentmeyer, Deputy Public Works Director Council Meeting Date: 04/11/2023 Date Prepared: 04/07/2023 Agenda: Consent
Background Information: Request for Proposals for On-Call Landscaping Design Assistance were issued on February 24, 2023, to assist the Engineering Department with landscape design for various parks, parking lots, landscape medians, and other miscellaneous areas. Seven firms submitted proposals for consideration. A panel of three reviewed the proposals and ranked firms according to adherence to submittal requirements, background and experience of firm personnel, past performance on similar projects, and ability to comply with the requested scope of work. Staff is recommending that Council authorize the City Manager to execute professional service agreements (PSA) for on-call landscaping design assistance services with the top two ranking firms: Melton Design Group and Living Outdoors Landscapes. Funding for the associated work will be determined for each on-call project the firms are assigned to, which will typically include budgeted capital improvement projects. The PSA’s are proposed to be effective for two years with the ability to extend the PSA’s twice, each for an additional year. Each PSA will be for $30,000 with the ability to approve amendments up to $90,000.
Council Goals/Objectives: The execution for on-call landscape design assistance services executes portions of work tasks towards achieving/maintaining Strategic PlanProductive and Efficient Workforce and City Infrastructure Investment.
Fiscal Impact: $180,000 Funds Available: N/A Account #: various accounts Reviewed by: City Manager Attachments: Draft Professional Services Agreements
Item # 7.
Item # 7.
PSA – Consultant Services (No Federal Funding)
Approved for use 02/13/2023
292553.v4
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTANT SERVICES
(City of Grass Valley / Living Outdoors Landscapes)
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Grass Valley, a California municipal corporation (“City”), and Living Outdoors Landscapes, a State of California Sole Proprietorship (“Consultant”).
2. RECITALS
2.1. City has determined that it requires the following professional services from a consultant: OnCall Landscaping Design Assistance
2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees.
Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant risk of the disclosure of confidential information.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
3. DEFINITIONS
3.1. “Scope of Services”: Such professional services as are set forth in Consultant’s February, 23 2023 proposal to City attached hereto as Exhibit A and incorporated herein by this reference.
3.2. “Agreement Administrator”: The Agreement Administrator for this project is Zac Quentmeyer, Deputy Public Works Director. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant.
3.3. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.
Item # 7.
PSA – Consultant Services (No Federal Funding)
Approved for use 02/13/2023
292553.v4
3.4. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Ninety Thousand Dollars ($90,000.00).
3.5. “Commencement Date”: April 11, 2023.
3.6. “Termination Date”: April 11, 2025
4. CAMPAIGN CONTRIBUTIONS
This Agreement is subject to Government Code Section 84308, as amended by SB 1439. That statute requires Consultant to disclose any campaign contribution by the Consultant or the Consultant’s agent to City Councilmembers or other City officials of more than $250 in the aggregate in the preceding 12 months. If such contributions have been made, Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form with Consultant’s execution of this Agreement. If not, the Campaign Disclosure Form need not be completed and returned to the City.
5. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 17 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.
The City manager may Extend this agreement for two (2) additional one (1) year periods and shall be incorporated in written amendments to this agreement.
6. CONSULTANT’S DUTIES
6.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
6.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.
6.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.
6.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.
Item # 7.
PSA – Consultant Services (No Federal Funding)
Approved for use 02/13/2023
292553.v4
6.5. Professional Standards. Consultant shall perform all work to the standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict-of-interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).
6.6. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement.
However, City may consent in writing to Consultant’s performance of such work.
6.7. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Elizabeth Poston shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.
6.8. Substitution of Personnel. Naming any persons in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.
6.9. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits, and building and safety permits and inspections.
6.10. Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.
6.11. Records. Consultant shall maintain 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 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 Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code § 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000, all such documents and this 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 City, for a period of three (3) years after final payment under this Agreement.
Item # 7.
PSA – Consultant Services (No Federal Funding)
Approved for use 02/13/2023
292553.v4
7. SUBCONTRACTING
7.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed other than by an amendment to this Agreement.
7.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.
7.3. Identification in Fee Schedule. All subcontractors shall be specifically listed, and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing.
7.4. Compensation for Subcontractors. City shall pay Consultant for work performed by its subcontractors, if any, only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes to or for any subcontractors.
8. COMPENSATION
8.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount.
Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by the Agreement Administrator in advance.
8.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.
8.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.
8.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts in an invoice submitted by Consultant.
8.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment to this Agreement. Consultant shall not undertake any such work without prior written approval of the Project Administrator.
Item # 7.
PSA – Consultant Services (No Federal Funding)
Approved for use 02/13/2023
292553.v4
8.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.
8.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 12, City shall have the right to withhold payments under this Agreement to offset that amount.
9. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. This Agreement is subject to Prevailing Wage Laws, for all work performed under this Agreement for which the payment of prevailing wage is required by those laws. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
10. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law.
Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
11. RELATIONSHIP OF PARTIES
11.1. General. Consultant shall be a wholly independent contractor to the City under this Agreement.
11.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or to otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent in any manner that it is, or that any of its agents or employees are, employees of City.
11.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.
Item # 7.
PSA – Consultant Services (No Federal Funding)
Approved for use 02/13/2023
292553.v4
11.4. Indemnification of CalPERS Determination. If Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
12. INDEMNIFICATION
12.1. Definitions. For purposes of this Section, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officers, agents, employees and volunteers.
12.2. Consultant to Indemnify City. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and defend City from and against all claims, losses, costs or expenses for any personal injury or property damage arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or failure to comply with any provision in this Agreement.
12.3. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise. Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City.
12.4. Attorney Fees. Such costs and expenses shall include reasonable attorney’ fees for counsel of City’s choice, expert fees, and all other costs and fees of litigation. Consultant shall not be entitled to any refund of attorney’ fees, defense costs, or expenses if it is adjudicated to have been non-negligent.
12.5. Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.
12.6. Waiver of Statutory Immunity. The obligations of Consultant under this Section are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.
12.7. Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.
Item # 7.
PSA – Consultant Services (No Federal Funding)
Approved for use 02/13/2023
292553.v4
12.8. Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification obligations apply whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
13. INSURANCE
13.1. Insurance Required. Consultant shall maintain insurance as described in this Section and shall require its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant. Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.
13.2. Documentation of Insurance. City will not execute this Agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: On-Call Landscaping Design Assistance
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement. • Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.
13.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence, $2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person) $ 5,000
• Workers’ Compensation:
• Workers’ Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $1,000,000
Item # 7.
PSA – Consultant Services (No Federal Funding)
Approved for use 02/13/2023
292553.v4
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the additional insured.
Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
13.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.
13.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California. If Consultant is an individual and has no employees, the Project Administrator may accept an affirmation of that fact in lieu of proof of workers compensation insurance.
13.6. Automobile Liability Insurance. Covered vehicles shall include owned, if any, non-owned, and hired automobiles and trucks.
13.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or selfinsured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.
The Project Administrator may, in his or her sole discretion, waive the requirement for Professional Liability Insurance by initialing here:
Initials: _________________
Name: __________________
13.8. Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis, the Retroactive Date must be shown and must be before the date of this Agreement or the beginning of work under this Agreement. Claims-Made Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of work under this Agreement. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work under this Agreement.
13.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees must be endorsed as additional insureds for each policy required herein, other than
Item # 7.
PSA – Consultant Services (No Federal Funding)
Approved for use 02/13/2023
292553.v4
Professional Errors and Omissions and Worker’s Compensation, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, officers, agents, employees, volunteers, or consultants shall be noncontributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.
13.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of work under this Agreement and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this Section, shall constitute a material breach of this Agreement.
13.11. Notices. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks before expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Grass Valley, Attn: Zac Quentmeyer, 125 East Main Street, Grass Valley, CA 95945.
13.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or selfinsurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
13.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City.
Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.
13.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, all insurance claims submitted to Consultant’s insurer in connection with the services under this Agreement.
13.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and selfinsured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts before execution of this Agreement.
Item # 7.
PSA – Consultant Services (No Federal Funding)
Approved for use 02/13/2023
292553.v4
City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies.
13.16. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement or its early termination.
14. MUTUAL COOPERATION
14.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as are reasonably available for the proper performance of Consultant’s services under this Agreement.
14.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.
15. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City:
Zac Quentmeyer
City of Grass Valley
Public Works Department
125 E Main Street
Grass Valley, CA 95945
Telephone: (530) 274-4713
Facsimile: (530) 274-4399
If to Consultant:
Elizabeth Poston
PO Box 1921
Grass Valley, Ca 95945
Telephone: 530-205-9607
With courtesy copy to:
Michael G. Colantuono, Esq.
Grass Valley City Attorney
Colantuono, Highsmith & Whatley, PC
420 Sierra College Drive, Suite 140
Grass Valley, CA 95945
Telephone: (530) 432-7357
Facsimile: (530) 432-7356
16. SURVIVING COVENANTS
Item # 7.
PSA – Consultant Services (No Federal Funding)
Approved for use 02/13/2023
292553.v4
The parties agree that the covenants contained in Section 6.11 (Records), Section 11.4 (Indemnification of CalPERS Determination), Section 12 (Indemnification), Section 13.8 (Claims-Made Policies), Section 14.2 (Consultant Cooperation in Defense of Claims), and Section 19.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement.
17. TERMINATION
17.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
17.2. Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days’ notice to allow City time to procure replacement services.
17.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.
17.4. Remedies. City retains all available legal and equitable remedies for Consultant’s breach of this Agreement.
18. INTERPRETATION OF AGREEMENT
18.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
18.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and its exhibits, the provisions of this Agreement shall prevail.
This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations from this Agreement shall be effective and binding only if made in writing and executed by City and Consultant.
18.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are for convenience of reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall govern in the construction of this Agreement.
18.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
Item # 7.
PSA – Consultant Services (No Federal Funding)
Approved for use 02/13/2023
292553.v4
18.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
18.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.
19. GENERAL PROVISIONS
19.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose them without prior written consent by the Project Administrator. City shall grant such consent if disclosure is legally required. Consultant shall return all City data to City upon the termination or expiration of this Agreement.
19.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest under the Political Reform Act with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. No City Councilmember, officer, or employee of City, during the term of his or her service to City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising from it.
19.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
19.4. Binding on Successors. This Agreement shall be binding on the successors and permitted assigns of the parties.
19.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended thirdparty beneficiary of any right or obligation assumed by the parties under this Agreement.
19.6. Time of the Essence. Time is of the essence for every provision of this Agreement.
Item # 7.
PSA – Consultant Services (No Federal Funding)
Approved for use 02/13/2023
292553.v4
19.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation or any other unlawful basis. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant shall post this nondiscrimination clause in conspicuous places, available to employees and applicants for employment.
19.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.
19.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
19.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by either party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all such other rights, powers or remedies.
19.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable and actual attorneys’ fees and costs expended in the action.
19.12. Venue. The venue for any litigation shall be Nevada County, California and Consultant hereby consents to jurisdiction there for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
19.13. Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
[Signature Page Follows]
Item # 7.
PSA – Consultant Services (No Federal Funding)
Approved for use 02/13/2023
292553.v4
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
City of Grass Valley
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
Living Outdoors Landscapes
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:
By:__________________________________
Taylor Day, City Clerk
Date:_ _______________________________________________
Approved as to form:
By:__________________________________
Michael G. Colantuono, City Attorney
Date:________________
Item # 7.
Professional Services Agreement – Consultant Services (No Federal Funding) Approved for use 02/13/2023
292553.v4
CAMPAIGNCONTRIBUTIONDISCLOSUREPROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.
Please carefully read the following information to determine if the provisions apply to you. If you determine that the provisions are applicable, the Campaign Disclosure Form must be completed and returnedtothe Citywithyourapplication.
1. No City Councilmember or other City official shall accept, solicit, or direct a campaign contribution of more than $250 from any party1 or agent2 for 12 months after the
City approves a contract. This prohibition commences
when an application is filed, or a proceeding is otherwise initiated.
2. A party to a City proceeding shall disclose on the record of the proceeding any campaign contribution of more than $250 by a party or agent to any City Councilmember or other City official during the preceding 12 months. No party to a City proceeding, or agent, shall make a campaign contribution to a City Councilmember or other City official during a proceeding and for 12 months after the City approves a
contract.
3. A City Councilmember or other City official who received a campaign contribution of more than $250 within the
preceding 12 months from any party, or agent, to a
proceeding shall disclose that fact on the record of the proceeding, and shall abstain from participating in the proceeding. However, if he or she returns the portion of a campaign contribution in excess of $250 within 30 days of knowing about the contribution and the relevant
proceeding, he or she may participate in the proceeding. 1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.
2 “Agent” is defined as a person who represents a party in connection with a proceeding. If an individual acting as an agent also is acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or
corporation are agents. When a closed corporation is a party to a proceeding, the majority shareholder is subject to these provisions.
To determine whether you or your agent made a campaign
contribution of more than $250 to a City Councilmember or other City official within the preceding 12 months, you must aggregate all such contributions.
Names of current City Councilmembers and other City officials are available on the City’s website. If you have questions about Government Code Section 84308, FPPC regulations, or the Campaign Disclosure Form, please contact the City Clerk.
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, or agent, who has contributed more than $250 to any City Councilmember or other City official within the preceding 12 months:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(b) Date and amount of contribution:
Date Amount $
Date Amount $
(c) Name of City Councilmember or other City official to whom contribution was made:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(d) I certify that the above information is provided to the best of my knowledge.
Printed Name
Signature
Date Phone
Item # 7.
It k, { v r
'
t
,•~' ,. I'X ..
`b. .. W
~.~ ~ S
~~t ~~
~
-
~
7 yj~j
~i ' =~.a
c .+
~~ ~~~ ~ ~~. ~ .' ,~Tr ,
.. ..
~~~S.L
~~`
ry•
.h~ ~
~ .tom' i-_ k
R P, ~r~/~
"~ ~s1~
N D S C A P E S
EXHIBIT A
Item # 7.
February 23, 2023
Tim Kiser, City Manager/Engineer
City of Grass Valley
125 East Main Street
Grass Valley, CA 95945
RE: City of Grass Valley Request for Proposals On-Call Services, Landscape Design Assistance
Dear Members of the Selection Committee:
am pleased to submit the enclosed package outlining the qualifications for Living Outdoors Landscapes to provide on-call design assistance for the City of Grass Valley. Based in Grass Valley, we understand the local area and needs of the community after working here for the last 12 years. Operating as a sole proprietorship, Elizabeth works alongside her husband Dan Poston with his landscape contracting business.
Elizabeth and Dan are committed to enhancing public works projects for the City of Grass Valley while maximizing value for dollars spent and working with public and private entities. We are skilled at communicating design ideas and aiding in the implementation of projects as our track record has already shown.
As the times change with water conservation, creating biodiversity, and working within the changing parameters of fire safety, Living Outdoors Landscapes understands these dynamics and is continuing to stay on top of changing trends and information presented to the community and beyond. Our goal is to create beautiful landscape spaces for the community to enjoy that aid in shade canopy creation, biodiversity for our pollinators, low-water use, reduced maintenance outputs for Public Works or other private maintenance entities with a goal for long-term planning and enjoyment for generations to come.
Thank you for considering the qualifications of the Living Outdoors Landscapes team. As owner of the business, I am excited to continue in our already successful relationship enhancing the community of Grass Valley.
Sincerely,
EI ~ eth Poston
LIVING OUTOORS
Item # 7.
Table of Contents
1. Key Personnel 1
2. Capabilities of Firm 3
3. Local Project Examples S
4. References 8
5. Cost P ro posa I 9
~ ~~~ ~
L A N D S C A P E Page 75S
Item # 7.
Elizabeth Poston, Landscape Designer
Elizabeth has been working in the landscape industry
for over the last 20 years. She got her start in the
industry working in a retail plant nursery where she
honed her skil ls in plant identification and care. Her passion for plants directed her to Cal Poly San Luis
Obispo where she studied and excelled in the
Environmental Horticultural Science department.
Throughout her time in school Elizabeth interned for
commercial maintenance in San Diego, working as a laborer, competed in multiple landscape competitions and took on various leadership roles with the horticultural clubs on campus. Upon graduating she began working as a residential landscape designer in the Bay Area. Elizabeth moved her business to Grass Valley in 2010 and founded Living Outdoors Landscapes, focused mainly on residential landscape design and some small commercial and community projects. She brings extensive knowledge in the world
of plant material, creating low
maintenance, irrigation-efficient
landscape designs, specifically for
the elevation of the Foothills.
Elizabeth also supports the
installation and oversight of her
projects helping with project
management, plant layouts,
pruning, pest and disease
identification and maintenance
needs.
LIVING OUTOORS
Item # 7.
Dan Poston, Landscape Contractor
A native to Grass Valley, Dan has also been working
in the landscape industry for over 20 years. He too
graduated from Cal Poly with a B.S. in
Environmental Horticultural Science and specializes
in landscape installation and irrigation trouble
shooting/repair. Dan earned his Landscape
Contractor's License in 2014, (CSLB #999995), and
provides unique insight into landscape projects.
His role would be supporting Elizabeth in troubleshooting and consultation but would not be a paid 'contractor' through this RFP.
LIVING ~UTO~RS
Item # 7.
CAPABILITIES OF FIRM
The values of Living Outdoors
Landscapes are to enhance and
improve the immediate
landscape surroundings of
people's homes and the
community at large. Elizabeth
and Dan are passionate about
providing landscape design
solutions for a variety of
situations from residential
landscape renovations, new
builds, renovating public -...~"~ ,
-~-``'~~ -- _ . ° ~ ~ - :ate
streetscapes, commercial color
enhancement and long-term maintenance care.
The range of experience between Dan and Elizabeth allows for them to provide unique and tailored services to each project's unique needs.
They have become proficient in plant selection for water conservation, commercial color enhancement, and low-maintenance care for the Public Works staff. Their goal is
to build relationships with
their clients and to add value
to our community through a
shared vision of design,
installation, and long-term
~~
LIVING OITTOORS
Item # 7.
DIVERSITY IN DESIGN ' 1~:'~~;
As a local landscape designer, Elizabeth ~
strives to improve and enhance the ~`
local environment for aesthetics and
,~.
biodiversity that works in harmony with
the local Sierra Foothills environment.
After working in all parts of California
from San Diego, to Monterey and
Marin, Elizabeth understands the
weather, soils, and topography that
make the Foothills truly unique.
Each project is an opportunity to do something
special, make Nevada County a little better for
generations to come, support climate change
goals, and create strong foundations for the
community.
CLIENT SERVICES
Living Outdoors Landscapes provides client
services throughout the life of a project
including but not limited to:
• Site Analysis and Master Planning
• Plant Material Selection and Planning
• Seasonal Color Programs
• Color Renderings of projects
• Construction Notes
• Low Maintenance Design
• Project Coordination and
Management
• Pest and Disease Identification ~`~ i _
.. v:., .._ _ .._.
• Irrigation Troubleshooting and Repair - "~~"
i.: ii. L
0 LIVING OITTOORS
Item # 7.
LOCAL PROJECT EXAMPLES
RICHARDSON CORNER
Designed and supported the installation of
new landscaping at the corner of East Main
St. and Richardson Corner with droughttolerant grasses and perennials. The selection and placement of the annual
Christmas tree was installed in this planter
i n 2018.
MURAL PLANTER
Living Outdoors Landscapes adopted the
`Grass Valley' Mural planter on East Main St.
and Mill St in 2017 and continue to maintain
it to this day as a free service to the
community.
SAFEWAY SHOPPING CENTER
Designed in 2017 and installed in 2021,
Elizabeth helped oversee the planning,
plant selection and installation of various
large-scale rock planters throughout the
local shopping center at the corner of Neal
and South Auburn St. Tree selection was
based on growth habit for long-term shade
canopies, carbon-capturing and lowmaintenance needs.
LIVING OUTOO~S
Item # 7.
BOX PLANTERS
Elizabeth provided commercial color services to the
local merchants in downtown Grass Valley for five
years. This included tailored plant material to the
unique sun and shade exposures to each location,
maintenance needs and overall color for each season
or holiday.
MILL ST
Provided support services for the
plant material selections for Mill St.
during pandemic closure in 2020
which has led to the current
transition to a permanent pedestrian
plaza.
MEMORIAL PARK
Supported the landscape renovation
projects for various areas within
Memorial Park including the front
entrance, areas around the recreation
courts and dogwoods in the veteran's
memorial section.
LIVING OUTOORS
~ • Page 81
Item # 7.
C. STEVENS WALKWAY
Supported the installation of planter
boxes on either side of the Christopher
Stevens Memorial Walkway as well as
plant material unique to the extreme
shade and sun exposures for either side.
Consulted with the lighting installation
on the steel arches.
GRANT SUPPORT
Donated design services to the city of
Grass Valley for grant application
material for shade tree installations in
the city limits. While not awarded the
grant, these did inspire the renovation
of the parking lot planters at the
corner of Neal St. and South Auburn
St, across from the Safeway shopping
center.
~£PETA X FAA~{_-fN
'14V71W W''1. 'isAf STi'EYi
/'~S~AI I 'lAFCA~ ~~ ~~~ b~,~
0 ~ ;--mac . 3 . -:~„ N51N1. ~13C Brni
Cf GRA55 VALLEY tt ~
'T"'~~--''-'~ !- 5 AUBt.RN 57 PARI~JG LOT
aw~ar sr,~ R.ar~roz
~~_.~~ ~oE~T
~.,~-, ;y,~R RF1'IOYE E%57NG RANTS,
~5'N.L IEw PLFNT FIAiEW4L
5r.:~_E
„~
LIVING OUTOORS
Item # 7.
REFERENCES
LISA SWARTHOUT
Current District 3 Supervisor for Nevada County
BOB ZUCCA
Past President of the Nevada County Contractors Association :~':~'~ :~ '~ 1
Past Executive Director of the Nevada County Contractors Association
HAVEN CARAVELLI
Current Member of Grass Valley City Council
LIVING DUTOORS
Item # 7.
COST PROPOSAL
Service Type Hourly Rate
Site Review $95
Design Services $95
Plant Layout $95
Maintenance Services $95
*Hourly Services to be recorded by Living Outdoors and Invoiced on a monthly or quarterly basis based on project type and duration.
LIVING OUTOORS
EXHIBIT B
Item # 7.
Professional Services Agreement – Design Professionals
Approved for use 02/13/2023
165759.v4
PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN PROFESSIONALS
(City of Grass Valley / Melton Design Group, Inc)
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Grass Valley, a California municipal corporation (“City”), and Melton Design Group, Inc, a California Corporation (“Consultant”).
2. RECITALS
2.1. City has determined that it requires the following professional services from a consultant: Oncall landscaping design assistance.
2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees.
Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
3. DEFINITIONS
3.1. “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.
3.2. “Scope of Services”: Such professional services as are set forth in Consultant’s February 24, 2023, proposal to City attached hereto as Exhibit A and incorporated herein by this reference.
3.3. “Agreement Administrator”: The Agreement Administrator for this project is Zac Quentmeyer, Deputy Public Works Director. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the
Item # 7.
Professional Services Agreement – Design Professionals
Approved for use 02/13/2023
165759.v4
timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant
3.4. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.
3.5. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Ninety Thousand Dollars ($90,000).
3.6. “Commencement Date”: April 11, 2023.
3.7. “Termination Date”: April 11, 2025
4. CAMPAIGN CONTRIBUTIONS
This Agreement is subject to Government Code Section 84308, as amended by SB 1439. That statute requires Consultant to disclose any campaign contribution by the Consultant or the Consultant’s agent to City Councilmembers or other City officials of more than $250 in the aggregate within the preceding 12 months. If such contributions have been made, Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form with Consultant’s execution of this Agreement. If not, the Campaign Disclosure Form need not be completed and returned to the City.
5. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 17 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.
The City manager may Extend this agreement for two (2) additional one (1) year periods and shall be incorporated in written amendments to this agreement.
6. CONSULTANT’S DUTIES
6.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
6.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.
Item # 7.
Professional Services Agreement – Design Professionals
Approved for use 02/13/2023
165759.v4
6.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.
6.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.
6.5. Professional Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict-of-interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).
6.6. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement.
However, City may consent in writing to Consultant’s performance of such work.
6.7. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Ryan Reidlinger shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.
6.8. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.
6.9. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.
6.10. Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.
Item # 7.
Professional Services Agreement – Design Professionals
Approved for use 02/13/2023
165759.v4
6.11. Records. Consultant shall maintain 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 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 Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this 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 City, for a period of three (3) years after final payment under this Agreement.
7. SUBCONTRACTING
7.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
7.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.
7.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.
8. COMPENSATION
8.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount.
Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.
8.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.
8.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.
8.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.
Item # 7.
Professional Services Agreement – Design Professionals
Approved for use 02/13/2023
165759.v4
8.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.
8.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.
8.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 12, City shall have the right to withhold payments under this Agreement to offset that amount.
9. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
10. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law.
Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
11. RELATIONSHIP OF PARTIES
11.1. General. Consultant is, and shall be a wholly independent contractor as to the City under this Agreement.
11.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
11.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement
Item # 7.
Professional Services Agreement – Design Professionals
Approved for use 02/13/2023
165759.v4
benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.
11.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
12. INDEMNIFICATION
12.1. Definitions. For purposes of this Section, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.
12.2. Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.
As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnity, defend and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, excepting those
Item # 7.
Professional Services Agreement – Design Professionals
Approved for use 02/13/2023
165759.v4
which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.
12.3. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.
12.4. Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.
12.5. Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.
12.6. Waiver of Statutory Immunity. The obligations of Consultant under this Section are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.
12.7. Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.
12.8. Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
12.9. Civil Code. The parties are aware of the provisions of Civil Code 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this Section complies therewith.
13. INSURANCE
13.1. Insurance Required. Consultant shall maintain insurance as described in this Section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.
13.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain
Item # 7.
Professional Services Agreement – Design Professionals
Approved for use 02/13/2023
165759.v4
the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: On-call landscaping design assistance
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement. • Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.
13.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence, $2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person) $ 5,000
• Workers' Compensation:
• Workers' Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured.
Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured
13.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.
13.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten
Item # 7.
Professional Services Agreement – Design Professionals
Approved for use 02/13/2023
165759.v4
by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.
13.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks.
13.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or selfinsured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.
13.8. Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
13.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of the City of Grass Valley must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.
13.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this Section, shall constitute a material breach of this Agreement.
13.11. Notices. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this
Item # 7.
Professional Services Agreement – Design Professionals
Approved for use 02/13/2023
165759.v4
Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Grass Valley, Attn: Zac Quentmeyer, 125 E. Main Street, Grass Valley, CA 95945.
13.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or selfinsurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
13.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City.
Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.
13.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant's insurer in connection with the services under this Agreement.
13.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and selfinsured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.
City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.
13.16. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.
14. MUTUAL COOPERATION
14.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
14.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.
15. NOTICES
Item # 7.
Professional Services Agreement – Design Professionals
Approved for use 02/13/2023
165759.v4
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City
Zac Quentmeyer
City of Grass Valley
Public Works Department
125 E. Main Street
Grass Valley, CA 95945
Telephone: (530) 274-4713
If to Consultant
Greg Melton
820 Broadway St
Chico, Ca 95928
Telephone: 530-899-1616
With courtesy copy to:
Michael G. Colantuono, Esq.
Grass Valley City Attorney
Colantuono, Highsmith & Whatley, PC
420 Sierra College Drive, Suite 140
Grass Valley, CA 95945
Telephone: (530) 432-7357
Facsimile: (530) 432-7356
16. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 6.11 (Records), paragraph 11.4 (Indemnification of CalPERS Determination), Section 12 (Indemnity), paragraph 13.8 (Claims-Made Policies), paragraph 14.2 (Consultant Cooperation in Defense of Claims), and paragraph 19.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.
17. TERMINATION
17.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
17.2. Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days’ notice.
Item # 7.
Professional Services Agreement – Design Professionals
Approved for use 02/13/2023
165759.v4
17.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.
17.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.
18. INTERPRETATION OF AGREEMENT
18.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
18.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein.
No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.
18.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.
18.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
18.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
18.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.
Item # 7.
Professional Services Agreement – Design Professionals
Approved for use 02/13/2023
165759.v4
19. GENERAL PROVISIONS
19.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.
19.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
19.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
19.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.
19.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended thirdparty beneficiary of any right or obligation assumed by the parties.
19.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.
19.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
19.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of
Item # 7.
Professional Services Agreement – Design Professionals
Approved for use 02/13/2023
165759.v4
any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.
19.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
19.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
19.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, each party shall pay its own costs, including any accountants’ and attorneys’ fees expended in the action.
19.12. Venue. The venue for any litigation shall be Nevada County, California and Consultant hereby consents to jurisdiction in Nevada County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
[Signature Page Follows]
Item # 7.
Professional Services Agreement – Design Professionals
Approved for use 02/13/2023
165759.v4
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
City of Grass Valley
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
Melton Design Group, Inc
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:
By:__________________________________
Taylor Day, City Clerk
Date:________________________
Approved as to form:
By:__________________________________
Michael G. Colantuono, City Attorney
Date:______________________
Item # 7.
Professional Services Agreement – Design Professionals
Approved for use 02/13/2023
165759.v4
CAMPAIGNCONTRIBUTIONDISCLOSUREPROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.
Please carefully read the following information to determine if the provisions apply to you. If you determine that the provisions are applicable, the Campaign Disclosure Form must be completed and returnedtothe Citywithyourapplication.
1. No City Councilmember or other City official shall accept, solicit, or direct a contribution of more than $250 from any party1 or agent2 for 12 months subsequent to the date a final decision is rendered by the City. This prohibition commences when your application has been filed, or the
proceeding is otherwise initiated.
2. A party to a City proceeding shall disclose on the record of the proceeding any contribution of more than $250 made to any City Councilmember or other City official by the party, or agent, during the preceding 12 months. No party to a City proceeding, or agent, shall make a campaign
contribution to a City Councilmember or other City
official during the proceeding and for 12 months following the date a final decision is rendered by the City.
3. A City Councilmember or other city official who received a campaign contribution of more than $250 within the
preceding 12 months from any party, or agent, to a
proceeding shall disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any City Councilmember or
other City who receives such a campaign contribution who returns the portion in excess of $250 within 30 days of knowing about the contribution and the relevant
proceeding, he or she may participate in the proceeding. 1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.
2 “Agent” is defined as a person who represents a party in connection with a proceeding. If an individual acting as an agent also is acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or
corporation are agents. When a closed corporation is a party to a proceeding, the majority shareholder is subject to these provisions.
To determine whether a campaign contribution of more than $250 has been made by you or your agent to a City
Councilmember or other City official within the preceding 12 months, all contributions made by you or your agent
during that period must be aggregated.
Names of current City Councilmembers and other City officials are available on the City’s website. If you have questions about Government Code Section 84308, FPPC regulations, or the Campaign Disclosure Form, please contact the City Clerk.
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, or agent, who has contributed more than $250 to any councilmember or commissioner within the preceding 12 months:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(b) Date and amount of contribution:
Date Amount $
Date Amount $
(c) Name of councilmember or commissioner to whom
contribution was made:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(d) I certify that the above information is provided to the best of my knowledge.
Printed Name
Signature
Date Phone
Item # 7.
On-Call Landscape Design Assistance
Proposal For:
MELTON DESIGN GROUP, Inc.
TO: City of Grass Valley
DUE DATE: February 24, 2023
LANDSCAPE ARCHITECTS & PLANNERS
CHICO | SACRAMENTO
MELTONDG.COM (530) 899-1616
EXHIBIT A
Item # 7.
820 BROADWAY ST CHICO CA 95928 – 530.899.1616
1930 G ST SACRAMENTO CA 95811 – 916.754.2153
MELTONDG.COM
Table of Contents
1. COVER LETTER
2. INTRODUCTION TO MELTON DESIGN GROUP
3. MEET THE STAFF
• Organization Chart
• Resumes
4. QUALIFICATIONS and EXPERIENCE
• Project Cutsheets
• Sample Work Plan
5. SCHEDULE OF RATES
6. REFERENCES
7. EXCEPTIONS and ADDITIONS
Item # 7.
MAIN OFFICE: 820 BROADWAY ST CHICO CA 95928 – 530.899.1616 1930 G ST SACRAMENTO CA 95811 – 916.754.2153
MELTONDG.COM
February 24, 2023
Attn: City of Grass Valley
Zac Quentmeyer
125 East Main Street
Grass Valley, CA 95945
(530) 274-4713 /
[email protected]
Re: On-Call Landscape Design Assistance
For your consideration,
Melton Design Group, Inc. (MDG) is excited for the opportunity to work with you to provide asneeded Professional Landscape Architect Services for your City. Greg Melton has been in landscape design for 35 years and MDG has been a force in the industry for 13 years. We are a team of exceptional professionals specializing in landscape architecture, park design, irrigation design and recreation planning.
Parks are our PASSION; we have designed over 100 parks in California! But parks are not all we do! We’ve designed functional and attractive streetscapes, city plazas that work for day-to-day use and special events, playgrounds for every range of age and ability, trails and pathways for health and appreciation of nature plus … spray grounds … pump tracks … skate parks… .
Put our wide range of experience to work for you!
In addition to the capable team at MDG, you get our pool of superior sub-consultants and product vendors, all ready to take your projects and develop them into thriving spaces that will have durability and creativity. We believe in the following:
WE CARE. Every project is a passion project.
WE LISTEN. Every project begins by getting to know the stakeholders as well as we can. WE ADAPT. We see design as the intersection of people, purpose and place.
This proposal highlights our ability to perform any tasks and service you need to achieve all your objectives. MDG will be a great asset to you, your projects and your community.
Sincerely,
Gregory Melton - RLA 4217
(530) 899-1616 / [email protected]
820 Broadway Street, Chico
Chico City Plaza
MDG has reviewed and accepts the City of
Grass Valley sample agreement
(Attachment A) without qualifications.
Item # 7.
820 BROADWAY ST CHICO CA 95928 – 530.899.1616
1930 G ST SACRAMENTO CA 95811 – 916.754.2153
MELTONDG.COM
Who We Are INTRODUCTION TO MELTON DESIGN GROUP
Melton Design Group, Inc. (MDG) is a Chico and Sacramento based firm formed by Greg Melton 13 years ago and incorporated in 2016. We are now the premier design firm in Northern California. The Design Group staff has worked closely with communities throughout Northern California over the past 35 years and continues the tradition of providing Clients with the highest quality of licensed landscape architectural services. We currently have a design and office staff of 15 dedicated individuals ready to apply their skills to your project.
WHY WE ARE QUALIFIED
We are qualified for your on-call landscape design services because the MDG team has worked together successfully on many projects, we complement each other and bring many years of experience working as a team. We are committed to pushing the design envelope, so your designs are the best, most used and remembered for years to come.
We create precise plans, specs and bid documents to successfully award a contractor the project and administer the construction of your project. We provide full project management services with a diverse staff experienced in designing and managing. We can handle your projects from start to finish.
Butte Co. Administration Center 2018 ASCE Outstanding
Urban or Land Development Plan of the Year
Chico City Plaza
2009 CRA Excellence in Public Spaces
FEATURED AWARDS
MDG has been recognized by public and professional agencies for a wide range of projects and community outreach.
2021 California Parks and Recreation Society (CPRS)
Design Excellence Park Planning
2018 American Society of Civil Engineers Sacramento Chapter Outstanding Urban or Land Development Plan of the Year
2014 American Society of Landscape Architects
Sierra Chapter Honor and Merit Awards
Parks/Open Space and Rehabilitation/Mitigation
2009 California Redevelopment Association
Award of Excellence in Public Spaces
2007, 2008 and 2009 American Society of Irrigation Consultants National Excellence in Irrigation Honor Award
2007 Chico Economic Planning Corporation
Community Vitality Award
2005 California Parks & Recreation Society
Award for Facility Design and Park Planning
WE EXCEL AT…
Visioning and Communication
Unique, Locally Focused Design
Stakeholder Understanding
Community Outreach
Master Planning
Full Designs and Plan Check Review
Sustainable Design Techniques
Design Guidelines & Standards
Construction Plans & Details
Operations and Maintenance
Item # 7.
820 BROADWAY ST CHICO CA 95928 – 530.899.1616
1930 G ST SACRAMENTO CA 95811 – 916.754.2153
MELTONDG.COM
MDG brings a consortium of thinkers and makers to Grass Valley. The TEAM integrates the minds that take design, development, operations and maintenance to new levels. Our experts are committed to quality and efficient services. We complete projects in a timely manner on tight project deadlines and we understand the importance of delivering projects within budget. Additionally, we’re able to present any necessary reports or studies your elected officials require or that you’d like presented to the public.
SERVICES PROVIDED BY MDG
Melton Design Group provides client services throughout the life of a project, and we are proficient in developing clean sets of documents that are easy to permit and build. Shown here is a list of services we provide in addition to the complete project management and direct communication between all consultants, Client staff and stakeholders. MDG uses both direct person-to-person meetings for primary, critical design sessions and presentations and web-based communication for coordination and file sharing. Services include, but are not limited to:
SERVICES PROVIDED BY SUB CONSULTANTS
In addition to the primary management and landscape architect services, the MDG Team can be expanded to provide the following services depending on project scope of work. We will work together to engage the community, work with agencies and create a complete project. Sub-consultant services include:
Surveying, Civil Engineering and Geotechnical Services Electrical Engineering
Structural Engineering
Architectural Design Services
Arborist
Wayfinding and Interpretive Design
Site Analysis and Understanding
Facilitation of Public Workshops
Site Master Planning
Project Branding and Park Identity
Research and Investigation
Photo Simulations
Interpretive Design and Signage
CEQA / EIR Coordination
Cost Estimates and Analyses
Public Agency Presentations
Construction Drawings, Details and Specification
Contract Documents and Bid Documents
Storm Water Pollution Prevention Plans
3D Modeling and Animation
Construction Observation and Administration
LEED and SITES Certification
Construction Standards and Building Codes
Maintenance Manuals and Guidelines
Verbena Fields Habitat Restoration
2009 ASIC National Excellence in Irrigation
2014 ASLA Open Space and Rehabilitation
River patterns of concrete represent local rivers and lead to a benchmark location on a glass aggregate globe pattern
Item # 7.
820 BROADWAY ST CHICO CA 95928 – 530.899.1616
1930 G ST SACRAMENTO CA 95811 – 916.754.2153
MELTONDG.COM
Meet The Team STAFFING
Melton Design Group, Inc. – Landscape Architect and Park Planner www.meltondg.com
DESIGN TEAM CITY and STAKEHOLDERS
Greg Melton
Principal
RLA #4217
Melton Design Group has assembled a team of experienced professionals to provide top notch design services. Key personnel have been selected for their excellence in project management, communication, engineering and park and recreation planning/design. Total Team experience includes over 200 public space projects with more than 100 successful park and recreation facilities designed and built in Northern California.
MDG staff will ensure the prompt delivery of work, control budget and scope and coordination between the Principal-in-Charge and the Client. We know that maintaining the project schedule and identifying and responding to issues that may arise requires frequent and effective communication. The following are the key MDG personnel for your design team and our pool of highly qualified sub-consultants:
COORDINATION
Patrick Farrar
Senior Project
Manager
Paige Gimbal
Irrigation
Specialist
Sarah Sundahl
Landscape/Architectural
Designer & Multimedia
Some of the Consultants we work with:
Item # 7.
820 BROADWAY ST CHICO CA 95928 – 530.899.1616
1930 G ST SACRAMENTO CA 95811 – 916.754.2153
MELTONDG.COM
GREG MELTON, RLA, LEED AP
PRINCIPAL LANDSCAPE ARCHITECT
Greg Melton has been planning and
designing recreation facilities for over 25
years, providing many north state cities
and counties with successful design and
planning services.
One of Greg’s most valued assets is his
ability to see and help clients understand the big picture of a project; how a person may experience a project site, understanding the relationship with a site’s history and translating these aspects into a physical and visual experience that is informative, fun, and aesthetically pleasing. Greg believes it takes a complete team to design and build a project. All good design ideas need to be vetted against our quality control. All projects deserve quality materials for longevity and operation.
“All the projects we design are specific for each
community and we are proud of that.”
Recent project experience includes lead design and cost services for:
• West River Park, Town of Truckee.
• Eastside Community Park Master Plan Update in Kerman for the Prop 68 Cultural and Resource Grant submittal.
• Eleanor Nelson Community Park design services for
Community Outreach, Master Plan and Cost Analysis,
Vacaville.
• Valley’s Edge 1,400-acre Mixed Use Development.
Recreation and Parks Design for Specific Plan and Design Guidelines of 700+ acres of Park and Open Space in Chico. • Mooretown Rancheria Community Park Master Plan,
Grading and Utilities for existing 32-acre area at Feather Falls Casino in Oroville.
EXPERIENCE
Melton Design Group, Inc.
Landscape Architects and Planners, Chico, CA – Principal Land Image
Landscape Architects and Planners, Chico, CA – Principal On the Drawing Board
Sunset Whitney Recreation Area, City of Rocklin
This recreation area will provide a great space to create community.
The open space meanders through hundreds of homes and provides a wealth of recreation, wellness, fire safety and a great place to gather and be social. Living in this space will change your life and enhance your wellbeing through connection to nature and people.
Education
BS in Landscape Architecture, University
of Davis 1990
BS in Horticulture and Recreation
Planning, CSU Chico 1988
Registration
California Landscape Architect License
#4217
Nevada Landscape Architect License
#1062
Accreditation
US Green Building Council
LEED Accredited Professional
Awards
2018 American Society of Civil Engineers:
Outstanding Urban or Land Development
Plan of the Year
2014 American Society of Landscape
Architects Honor and Merit Awards:
Parks/Open Space and Rehabilitation/
Mitigation
2009 California Redevelopment Assoc.:
Award of Excellence in Public Spaces
2007 Chico Economic Planning
Corporation: Community Vitality Award
2005 California Parks and Recreation
Society: Award for Facility Design and
Park Planning
Professional Affiliations
California Parks and Recreation Society
American Society of Landscape Architects
Building Industry Association
Item # 7.
820 BROADWAY ST CHICO CA 95928 – 530.899.1616
1930 G ST SACRAMENTO CA 95811 – 916.754.2153
MELTONDG.COM
PATRICK FARRAR
SENIOR PROJECT MANAGER
Patrick Farrar has worked in the field of
Landscape Architecture for over 25 years in
all regions of California. He has served as
Lead Project Manager and Designer on
numerous projects including water quality
projects to treat pollution and storm water
runoff, urban streetscape design, multi-modal urban and rural trail design, neighborhood and community parks, corporate campuses, land development, recreation and single-family housing.
Patrick has extensive experience bringing collaborative groups and disciplines together, working for the client from concept through construction. His ability to focus on client needs while minding budgets and design details has yielded successful projects throughout the private, municipal and federal sectors.
“I feel at my best managing projects with multi-disciplinary teams, creating high-quality, significant projects for
communities.”
EXPERIENCE
Melton Design Group, Inc. – Chico, CA
Senior Project Manager
SCAPE land planning + design – Wenatchee, WA
Principal, Lead Designer
The Nature Conservancy – Wenatchee, WA
Trail Design,
Tetra Tech Inc., San Luis Obispo, CA
Project Manager, Designer
On the Drawing Board
Riverside Park is a 3.2 -acre planned park and
riparian edge restoration project adjacent to the
Russian River in downtown Ukiah, CA.
The project goals included the following:
• Restore dump site to create seasonal wetlands
and habitat with vegetation restoration.
• Restoration of transition and upland habitat.
• Public open, social space.
• Removal of dump material, invasive plants and
weeds.
• Multi-Use Site
- New Habitat
- Pedestrian walking trails
- Wildlife blinds and wetland overlooks.
- Stormwater river overflow capture, storage and percolation to the aquifer. • Greenhouse benefits – Air, habitat and water quality.
Education
BS in Landscape Architecture – Cal
Poly, San Luis Obispo
Professional Affiliations
American Society of Landscape
Architects
California Native Plant Society
National Fire Protection Association
(NFPA) FIREWISE Practitioner
Association of State Wetland Managers
(ASWM)
Committees / Activities
Wenatchee Arts, Recreation and Parks
Committee - 2018- 2019
Washington State DFW Citizen Science
Ecological Integrity Monitoring
Wenatchee Police Citizens Academy
Washington Native Plant Society
Shrub-Steppe & Riparian Steward
Item # 7.
820 BROADWAY ST CHICO CA 95928 – 530.899.1616
1930 G ST SACRAMENTO CA 95811 – 916.754.2153
MELTONDG.COM
PAIGE GIMBAL LEED-AP, RAI,
LEAD IRRIGATION SPECIALIST
Paige Gimbal has been working
alongside Greg Melton for close to 20
years in Northern California. She brings
extensive experience with irrigation
design to the team. Paige’s broad
knowledge of water conservation
technologies and innovative water use solutions results in longterm cost savings for Clients. “My specialty is in the details; I think like a contractor and that is great when creating Construction Designs.”
Her ultimate goals are to establish reliable water resources for the outdoor landscape environment and to design irrigation systems that are water conserving, highly efficient and can be managed and maintained over time.
EXPERIENCE
Melton Design Group, Inc. – 2000 – Current
Landscape Architects and Planners, Chico, CA – Project Manager and Irrigation Specialist
Land Image, Landscape Architects and Planners, Chico, CA – Project Manager and Irrigation Specialist
Normac, Inc. – Branch Manager and Designer
Irrigation Pump and Electric – Irrigation Designer
On the Drawing Board
Madera County Courthouse Park is a 2-acre renovation of a plaza and park in Madera, CA and is located right next to the Madera County Courthouse. The project has complete Master Plan and Cost Estimate paperwork and has moved on to Construction Docs.
The design created by MDG will help rejuvenate the downtown area with the additions of a performance pavilion, inclusive play area, open turf fields and a new layout for craft and art fairs, along with others will help bring the community together and enjoy this area to its fullest.
Education
BS in Agriculture Irrigation and Soil Sciences,
CSU, Chico, 1978
Cornell Pump School - Certificate of
Completion
Certifications and Accreditations
2016 – Present
California Unified Certification Program -
Disadvantaged Business Enterprise (DBE)
U.S. Green Building Council – LEED
Accredited Professional (LEED-AP)
Irrigation Association - Regional Authorized
Instructor
Awards and Honors
Recipient of the American Society of
Irrigation Consultants “Excellence in
Irrigation” Honor three years in a row
Professional Training
American Rainwater Catchment Systems
Association – Rainwater Harvesting Planning
& Installation
Green Roofs for Healthy Cities
Irrigation Association – Irrigation Design for
Water Conservation, Advanced Irrigation
Design, Landscape Irrigation Design,
Predicting and Estimating Landscape Water
Use, Principles of Irrigation, Sprinkler
System
Item # 7.
820 BROADWAY ST CHICO CA 95928 – 530.899.1616
1930 G ST SACRAMENTO CA 95811 – 916.754.2153
MELTONDG.COM
MDG TEAM MEMBERS
SARAH CROSSLEY, Lead Project Manager, Multimedia Designer Melton Design Group, Inc.: 2015 to Present
Sarah Crossley joined the MDG team in 2015. Sarah is passionate about all she does. With her background in architectural design, she brings a unique aesthetic to MDG, which can be seen through her mission to create spaces that inspire happy living. She also studies Design Psychology, bringing the “WHY” into our design solutions.
EDUCATION
BFA in Interior Architecture, CSU, Chico, 2015
SELECT PROJECT EXPERIENCE
• Turtle Bay Playground, Redding
• Hope Plaza Memorial, Paradise
• Westacre Park Expansion, W. Sac.
• Valley’s Edge Specific Plan, Chico
DANIEL LOUDER, Senior Production Specialist
Melton Design Group, Inc.: 2017 to Present
Daniel Louder joined the MDG team in 2017. Daniel has a background in Industrial Design, allowing him to apply engineering principles to creative endeavors. Daniel also has experience in project formatting, construction drawing, photography and estimating. Daniel processes drafts of plans, renderings and other preliminary project materials. He is also Melton Design’s IT Technician, making sure everyone has the best tools to perform their jobs efficiently.
EDUCATION
BS in Industrial Design, BA in Spanish, Walla Walla University, 2012
SELECT PROJECT EXPERIENCE
• Madera Co. Courthouse Park
• Riverbend Community Park, P 4&5
• Brentwood Park, Davis
• Mooretown Rancheria Park
AUBREY HENDRICKS, Landscape/Irrigation Designer
Melton Design Group, Inc.: 2019 to Present
Aubrey joined the MDG team in 2019. Aubrey has a passion for recreation, creativity and sustainability. She believes in the importance of functional outdoor spaces while treading lightly on the planet and helped create a sustainability plan for a new community in Baja, CA. She earned a Permaculture Design Certificate from Quail Springs and has managed a plant nursery and landscape company.
EDUCATION
BS in Interior / Architectural Design, CSU, San Diego, 2016
SELECT PROJECT EXPERIENCE
• Railyard Town Center, Truckee
• Hewitt Park, Oroville
• Hope Plaza, Paradise
• Chapman Park, Chico
Item # 7.
820 BROADWAY ST CHICO CA 95928 – 530.899.1616
1930 G ST SACRAMENTO CA 95811 – 916.754.2153
MELTONDG.COM
RYAN RIEDLINGER, Project Manager, Landscape Designer
Melton Design Group, Inc.: 2021 to Present
Ryan became a part of the MDG team in April 2021. Ryan was born and raised in Chico and is currently pursuing a degree in Architecture. Coming from the agricultural industry, he has experience in winemaking, distilling and beekeeping, as well as managing day-to-day operations of a winery and distillery.
EDUCATION
BA Architecture, in process.
SELECT PROJECT EXPERIENCE
• 20/30 Park, Eureka
• Gold Nugget Museum, Paradise
• Barber Yard Development, Chico
• Legacy Park, Lakeport
GEOFF MULLENNIX, Graphic Designer, Production Specialist Melton Design Group, Inc.: 2021 to Present
Geoff joined the MDG team in 2021, with a BA in Communication Design from California State University, Chico. Geoff has a diverse background in architecture from his time in college and mechanical design from his 6 years in the military as a Machinist Mate. He has a passion for design layouts and creating content that is clear and precise.
EDUCATION
BA in Communication Design, CSU, Chico, 2021.
SELECT PROJECT EXPERIENCE
• Anderson River Park, Anderson
• Wheatland Aquatic Center
• 20/30 Park, Eureka
• Sierra Vista & Alamo Parks, Vacaville
JARED GIBSON, Production Specialist
Melton Design Group, Inc.: 2021 to Present
After graduating from Cal Poly San Luis Obispo in 2014 with a BLA degree in landscape architecture, Jared put his expertise to work with a contractor and with a design-build firm. He then joined the MDG team in 2021, bringing years of experience and knowledge. He enjoys developing designs that meld functionality with beauty in creative ways. One of his favorite parts of landscape architecture is knowing plants and where to use them.
EDUCATION
BLA in Landscape Architecture, Cal Poly San Luis Obispo, 2014.
SELECT PROJECT EXPERIENCE
• Oak Creek Park, Paradise
• Anderson River Park, Anderson
• California Park Trails Renov., Chico
• Avie’s Place Rec Area, Oroville
Picture to come
Picture to come
Picture to come
Item # 7.
820 BROADWAY ST CHICO CA 95928 – 530.899.1616
1930 G ST SACRAMENTO CA 95811 – 916.754.2153
MELTONDG.COM
CONNOR MELTON, Civil Engineering Associate
Melton Design Group, Inc.: 2016 to Present
Connor Melton has been working with MDG since 2016. Connor is a Project Manager whose primary focus is Site Engineering and Construction Documents (horizontal and vertical control, site layout, grading, utility design), Storm water (LID) Designer, Cost Estimating and Project Management. He performed construction monitoring and audits for the Live Oak Soccer Complex in Live Oak.
EDUCATION
BS in Civil Engineering, CSU, Chico, 2020
SELECT PROJECT EXPERIENCE
• Lakeridge Park, Paradise
• Orland Complete Street Plan
• Yuba City Bridge Street
• Meriam Park Central Park, Chico
CURTIS PAUL, Associate Designer
Melton Design Group, Inc.: 2022 to Present
Curtis Paul joined the Melton Design Team in early 2022. His breadth of experience ranges from designing architectural interiors to designing commercial A/V and data systems. Curtis was drawn to landscape architecture because of its potential to foster meaningful experiences in people’s lives, to create positive change in the culture of our cities and to improve the ecological health of our environment.
EDUCATION
BA in Design, UC, Davis, 2012
SELECT PROJECT EXPERIENCE
• Madera County Courthouse Park
• CARD Bocce Court, Chico
• Hewitt Park, Oroville
• Sierra Vista & Alamo Parks, Vacaville
ANNALIESE (ANNIE) KUHN, Landscape Designer
Melton Design Group, Inc.: 2022 to Present
Annie is the newest addition to Team MDG. Annie is a Chico local and calls the Humboldt coast her second home. Her favorite motto is “Positive thoughts, words and actions create more positive thoughts, words and actions.” She is an outdoors enthusiast, lover of animals and amateur green-thumb. Annie worked in Eureka, CA as an architecture intern, where she discovered her true passion for architectural design.
EDUCATION
BS in Applied Mathematics, CSU, Chico, 2022
SELECT PROJECT EXPERIENCE
• Chapman Park, Chico
• Paradise Community Center
• Gold Nugget Museum, Oroville
• 20/30 Park, Eureka
Item # 7.
820 BROADWAY ST CHICO CA 95928 – 530.899.1616
1930 G ST SACRAMENTO CA 95811 – 916.754.2153
MELTONDG.COM
TERESA WALSH, Office Manager/Controller
Melton Design Group, Inc.: 2019 to Present
Teresa Walsh has worked in the Construction Industry since 1990. Teresa worked for more than two decadesfor the local Builders Exchange as a Planroom Manager, then for their Statewide Online Planroom as Managing Editor. This provided her with valuable experience in every facet of the industry from RFP to Design to Construction. She later worked for a landscape contractor, where she put her background knowledge into practical application. MDG welcomed Teresa in 2019, where her vast experience has made her a strong guide and anchor for the Team.
EDUCATION
BA in Visual Communications, CSU, Chico, 1990
Not pictured:
CHRISTA MELTON, Marketing Manager
JANELLE STONE, Associate Project Designer
Item # 7.
820 BROADWAY ST CHICO CA 95928 – 530.899.1616
1930 G ST SACRAMENTO CA 95811 – 916.754.2153
MELTONDG.COM
Our Past Supports Your Future QUALIFICATIONS and EXPERIENCE The experience of the staff at MDG is focused on Parks and Recreation but includes many other design features including park and community identity and branding, urban-social and recreation spaces, open space and restoration. Our creative solutions have helped many agencies build unique parks and spaces that have become icons for their communities and stand out in their memory for years.
We work to completely understand your community, your
stakeholders and the ways any given project can serve the needs of your community.
The following is a select list of MDG projects shown in categories relevant to you. Our diverse knowledge allows us to understand your park and recreation needs.
CURRENT ON-CALL SERVICES FOR OTHER CITIES and AGENCIES
City of Chico
City of Davis
City of Yuba City
City of Fresno
City of Wheatland
Chico Area Recreation and Parks (CARD)
City of Oroville
Paradise Recreation and Parks
City of Clovis
Feather River Recreation and Parks
COMMUNITY and NEIGHBORHOOD PARKS
Riverbend Park, Oroville, CA – 120 acres
Eleanor Nelson Park, Vacaville, CA-12 acres
West River Park, Truckee, CA-1.4 acres
Valley’s Edge Specific Plan Parks, Chico, CA – 160 Acres Turtle Bay Exploratorium Adventure Park, Redding, CA
Baroni Park, Chico, CA – 4 acres
Wildwood Park, Chico, CA – 7 acres
Westside Community Park, Lakeport, CA – 70 acres
DeGarmo Park, Chico, CA – 36 acres
Noble Park, Paradise, CA – 7 acres
Shastina Community Park, Redding, CA – 14 acres
Katie’s Kids Park, Kerman, CA – 4 acres
Walnut Park, Winters, CA – 4 acres
COMPLETE STREETS
El Dorado Hills Town Center, Town Center Blvd., CA
Highway 32/Walker Street, Orland, CA
Highway 20/Highway 99, Yuba City, CA
Hazel Street Downtown, Demonstration Project, Gridley Walking Paths, Shade Structures and Outdoor Play
at Bille Park, Paradise
Item # 7.
820 BROADWAY ST CHICO CA 95928 – 530.899.1616
1930 G ST SACRAMENTO CA 95811 – 916.754.2153
MELTONDG.COM
RENOVATED PARKS
Vinewood Park, Ukiah, CA
Eastern Oak Park, Sacramento, CA
Austin Park and Highlands Park, Clearlake, CA
Turtle Bay: Babes Coral, Redding, CA
Bille Park, Paradise, CA
Caper Acres, Chico, CA
Foothill Community Park, Sacramento, CA
OPEN SPACE and TRAILS
Bidwell Park Range Remediation-Oak Woodland, Chico
Verbena Fields – 20-acre Creek Restoration, Chico, CA Live Oak Community Trails / Pocket Parks, Live Oak, CA California Park Chain of Ponds and Trail System, Chico Riverbend Community Park, Oroville, CA
El Dorado Hills Town Center, El Dorado Hills, CA
HABITAT RESTORATION
Riverside Park, Ukiah, CA
North Park, Davis, CA
Little Chico Creek Floodplain Restoration, Chico, CA
Kachituli Oxbow – Riparian Corridor, Sacramento, CA
South Volante Park Wetland Restoration, Anderson, CA
Shauna Downs Wetland Bank, Durham, CA
Big Chico Creek Floodplains, Chico, CA
Putah Creek Parkway, Davis, CA
WATER CONSERVATION PLANS
City of Davis and Woodland Conservation Plan
Elk Grove Community Park Water Reduction Plan
Chestnut Park Water Reduction Study, Davis, CA
HACB Countywide Conservation Plan
CITY and RECREATION DISTRICT MASTER PLANS
Valley’s Edge Specific Plan Receation Element, Chico, CA CARD Master Plan Update 2013, Chico, CA
Feather River Recreation Park District 2020 Master Plan Red Bluff Parks and Recreation 2015 Master Plan
CARD 2030 Master Plan Update
City of Chico Design Guidelines Manual
STREETSCAPES
Feather River Boulevard Revitalization Plan, Oroville, CA West Gateway Mixed Use District, Hollister, CA
El Dorado Hills Town Center Amphitheater
Murieta West Planning Area, Rancho Murieta, CA
Meriam Park, Chico, CA
Item # 7.
820 BROADWAY ST CHICO CA 95928 - 530.899.1616
1930 G ST SACRAMENTO CA 95811 - 916.754.2153
MELTONDG.COM
Sunset Whitney Recreation Area (SWRA)
Rocklin, California
Dates: 2022 – Current
Design Fee: $120,500
Project Cost Ph 1: $3.2 million
Contact: Kevin Huntzinger, CPRP Director
Parks & Recreation Department
(916) 625-5296 / [email protected]
Relevant Staff Roles:
Greg Melton, Principal
Sarah Crossley, Project Manager
Annaliese Kuhn, Designer/Technician
Project Summary: In March 2022, Melton Design Group, Inc. began work with the City of Rocklin as lead consultant with WDSLA, COAR Design Group and Peloton Research & Economics to create a Master Plan for the 184 AC community park and trails system project, which was previously converted from a golf course.
Through community workshops and public outreach, we were able to clarify the needs of Rocklin and evaluate park features and layout.
Activation and preservation are the main focus of the Project. The two acivated zones with ammenities are “The Hub” and “Sunset Boulevard Playground”. They are connected by walking, bicycling and crosscountry trails through the site. The Hub is the main access point into the park. Ammenities include the following:
parking lot, veterans memorial, rose garden, pickleball courts, adventure play area, maintance shed, mountain bike course, art walk and an existing clubhouse that is to be renovated to suit the communities needs. MDG developed the project from conceptual design, through design devlopment, needs asessment, 30-year operation and maintance cost analysis.
“The Hub” Master Plan – Sunset Whitney Recreation Area
Landscape/Art Sculptures
Inclusive Playground at “The Hub”
Item # 7.
820 BROADWAY ST CHICO CA 95928 - 530.899.1616
1930 G ST SACRAMENTO CA 95811 - 916.754.2153
MELTONDG.COM
Bridge Street Reconstruction (Phase 1 and 2)
Streetscape Design
Yuba City, California
Dates: 2017 – 2019
Project Cost: $550,000 (Phase 1)
Contact: Ben Moody, PE / Diana Langley, PE
Yuba City Public Works (530) 822-4694
Relevant Staff Roles:
Greg Melton, Principal / Project Manager
MDG, Inc. partnered with the Public Works
Department, Ben Moody and Diana Langley, to
create a unique streetscape design for Bridge
Street in Yuba City. Our scope of work included
developing a low-maintenance hardscape,
planting and irrigation concept.
Initially MDG studied the length of Bridge Street to establish a plan that would create a street tree/shrub program to achieve an attractive street design. Finally, MDG packaged complete construction drawings along with integrating new details, specifications, requirements, submittals and inspections. To provide the City with a forecast of project cost, from conception to maintenance, MDG created installation, maintenance and replacement costs for the project.
Specific milestones include site visits, analyses and meetings to generate a landscape architectural base.
From there MDG created a concept landscape plan for coordination with the City as well as comment from the public. This allowed MDG to maintain project flexibility to meet all stakeholder needs while remaining open to feedback. Next, drawings, details and specifications were created for a complete bid package.
Installed Median Landscape
Bridge Street Median Design – Plan View
Installed median landscape with concrete, cobble, planting Median Section Detail
Item # 7.
820 BROADWAY ST CHICO CA 95928 - 530.899.1616
1930 G ST SACRAMENTO CA 95811 - 916.754.2153
MELTONDG.COM
Eastern Oak Plaza Park Renovation
Sacramento, California
Contact:
JR Hichborn, Parks Superintendent
Mission Oaks Recreation and Park District
(916) 588-6566 / cell (530) 306-8696
TJ Newman, Retired Manager
The design included: renovation of soccer fields, the
conversion of turf areas to drought tolerant landscape; turning an old tennis court into pickle ball courts and the addition of a restroom, futsal / basketball courts, exercise stations, universal playgrounds, a community plaza, and shade structures. MDG services included: Master Plan, Cost estimate, Public Outreach, Construction Documents, and Bid Construction Administration. When the park opened, it was instantly a big hit with the community, especially the playground. With the reduction in unused turf areas, the District is saving largely on the water and maintenance costs. The project construction was jointly managed by Sacramento County, MORPD and Melton Design Group.
West River Street Park Riverfront Development and Access Truckee, California
Contact:
Hilary Hobbs, Town of Truckee, (530) 582-2914
The project is a 1.4 -acre planned park and
riparian edge restoration project on West River
Street in downtown Truckee.
The project goals included the following:
Provide a passive park with public river
access.
Restoration of riparian edge with
interpretive panels.
Public open, social space.
Riverfront access & activated riverfront play.
Multi-Use Site: park facility, river-oriented
commercial offerings, river access, stormwater
treatment.
Connectivity: Expansion of downtown to Legacy
Trail and trail bridge, downtown core to natural
open space & river.
Greenhouse Benefits: air, habitat and water
quality.
Catalyst for riverfront development.
The Ordinary High-Water Mark of the Truckee River was determined based on the methods specified in the 2014 Guide to Ordinary High-Water Mark (OWHM).
Item # 7.
820 BROADWAY ST CHICO CA 95928 - 530.899.1616
1930 G ST SACRAMENTO CA 95811 - 916.754.2153
MELTONDG.COM
Streetscapes
Walker Street Master Plan
Orland, California
Start - End Date: 2017 – 2019
Contact: Pete Carr, City Manager
City of Orland (530) 865-1603
Project Summary: Streetscape design
according to the Caltrans Sustainable
Communities Grant and Caltrans Design
Guidelines Manual. Primary goals of the project were to transform the Highway 32 corridor into an accessible and pedestrian-friendly environment, bring continuity to the corridor and create a more vibrant experience that will attract new business, appeal to the existing community and promote tourism. Design measures included a roundabout to alleviate traffic congestion, traffic calming medians, bulb-outs, decorative hardscapes and landscape. Elements of Orland history, culture and geology were incorporated throughout the design.
Lincoln & Huntoon Streets Restoration Plan
Oroville, California
Start - End Date: 2019 – Current
Contact: Don Rust, Planning Director
City of Oroville (530) 538-2433
Project Summary: The primary focus of the Lincoln
& Huntoon Restoration Plan was to create a better
business and pedestrian environment. Each street
is currently one-way, with few stop signs or a light,
causing a traffic thoroughfare that bypasses most
of the local business.
The Revitalization Plan is an integrative process
with the overall intention to create a cohesive
community and environment for commerce to
thrive. The plan provides direction for streetscape
and traffic improvements in an effort to enhance
pedestrian safety, bring continuity to the corridor
and create a more vibrant experience that will
attract new business, appeal to the existing
community and promote tourism.
Streetscape Section
5th Street Intersection Corner Sidewalk and Crosswalk Design Streetscape Sketch
Roundabout
Item # 7.
820 BROADWAY ST CHICO CA 95928 - 530.899.1616
1930 G ST SACRAMENTO CA 95811 - 916.754.2153
MELTONDG.COM
Eureka 20-30 Park Renovation
Eureka, California
Dates: April 2021 – current
Design Fee: $353,000
Project Cost: $5.8 million
Contact:
Donna Wood, Community Services
Director
City of Eureka
(707) 441-4241,
[email protected]
Relevant Staff Roles:
Greg Melton, Principal
Patrick Farrar, Project Manager
Ryan Riedlinger, Landscape Designer
Project Summary:
This incredible park project includes:
1. Natural themed design based on the
region’s cultural and physical
geography.
2. A unique park identity and
experience for all users.
• Egret-themed play structure
based on local rookery.
• Passive and active fitness.
• Themed art and educational experience throughout park.
3. Coordination with local tribes, artists and stakeholders.
4. Uniting the existing baseball field re-design with the new park, creating a cohesive, connected experience.
5. Stormwater management, education and incorporation into the park design.
6. Plant selection that reduces water use and establishes native and culturally important plants.
7. New street corners designed for pedestrian safety.
Site Elements:
• Contoured Grass-Free Play
• Multi-Use Game Area
• Nature Play Parkour
• Fitness Area
• 1/2 mile of accessible Walking
Path
• Updated Baseball Field and
Amenities
• Concession/Restroom Building
with Living Roof
• Neighborhood Connectivity at
four park entries
• New and Improved Parking With EV Charging Stations
Eureka 20-30 Park Play Area and MUGA Enlargement
Custom Egret Play Structure Hand Sketch
Custom Crab Play Structure Computer-Generated Mock-Up
Item # 7.
820 BROADWAY ST CHICO CA 95928 - 530.899.1616
1930 G ST SACRAMENTO CA 95811 - 916.754.2153
MELTONDG.COM
California Park
Chain of Ponds and Trail System
Chico, California
California Park Homeowners Association
Contact:
Hignell, Inc. Property Management
(530) 894-0404
Greg Melton has worked with the California Park
HOA for the last 20 years in creating a Master
Visioning Plan for an Open Space and Trails System
that connects residential properties to
neighborhood parks, seasonal creeks and Upper
Lake.
In 2012, Melton Design Group staff worked to
renovate some of the landscape along the trails
and greenway corridor.
New, for 2021, MDG is creating a Solar Panel
Mitigation Plan to include Site Assessment, Master
Plan Update, Design Development / Concept Plan,
View Shed Assessment and Cost Estimate.
Project services, past and current, include:
Greenways Master Plan
Construction Documents
Community Trail System
Neighborhood Parks and Playgrounds
Pedestrian Trail Bridges
Chain of Ponds Water Feature
Lake Aeration / Fountain System
Construction Administration
Cost Estimating
Item # 7.
820 BROADWAY ST CHICO CA 95928 - 530.899.1616
1930 G ST SACRAMENTO CA 95811 - 916.754.2153
MELTONDG.COM
North Davis Julie Partansky Pond
Trail and Habitat Restoration Project
Davis, California
Dates: 2019-2020
Contact: Dale Sumersille
City of Davis Parks and Recreation
(530) 757-5626 / [email protected]
Relevant Staff Roles:
Greg Melton, Principal
Paige Gimbal, Irrigation Specialist
Project Summary:
As a part of the City’s open space program, they wanted to construct restoration and habitat improvements on the existing 3-acre site. The goal was to transform this vacant, weed-infested parcel into upland habitat and to provide accessible paths with interpretive education on the flora and fauna. As lead consultant, Melton Design Group solicited input on the design from Friends of North Davis Pond and the City’s Open Space and Habitat Commission.
Primary improvements included a new walking trail between the existing sidewalk and greenbelt path, new locational and interpretive signs, a pond overlook area, a hedgerow of rapid-establishing native plants to prevent the spread of invasive grasses from the detention pond, new seating areas and upland habitat planting.
Julie Partansky Pond – Master Plan
View of Accessible Trail
Interpretive Panel
Item # 7.
820 BROADWAY ST CHICO CA 95928 – 530.899.1616
1930 G ST SACRAMENTO CA 95811 – 916.754.2153
MELTONDG.COM
Our Projects Stay On Track SAMPLE WORK PLAN
Project Set Up and
Programming
The project launch initiates the
projects and gets all the players
together to confirm schedule and
scope. Programming tasks will
define and prioritize all elements.
We approach programming as a
holistic effort with all players.
Deliverables:
Schedule, Program, Milestones
Site Analysis, Topography
and Utility Study
The Site Analysis will capture all
the information about the site,
under, above and adjacent. We
create or obtain topographic and
boundary surveys. These
documents are key to a successful
end product.
Deliverables:
Surveys, Onsite Knowledge, Utility
Map
Master Plan Programming
and Cost
In order to come up with a
desirable concept, we start by
identifying goals, elements and
functions of the site and Client
priorities. We then develop a
Master Plan and Cost Estimate for
Staff and Stakeholders.
Deliverables:
Master Plan, Illustrative Renders,
Cost Estimate(s), Proposed
Building Footprints
Construction
Documentation
Here we develop the Design
Drawings into a thorough and
precise set of Construction
Documents, Details and
Specifications that have all the
details necessary to communicate
the entire project to 100%
completion. Cost is updated at
this time also.
Deliverables:
Construction Drawings, Details
and Specifications / Cost Estimate
Bidding and Addenda
In this task, we add bid forms and
contracts, bid addenda and bid
alternates. This information
finalizes the bid, which pushes us
into onsite bid meetings with
contractors, RFIs, bid review and
award of project.
Deliverables:
Bid Forms, Addenda, RFIs,
Contractor Bids, Bid Review and
Project Award
Construction
Administration
Here we coordinate with the
Client Staff and Contractor to
review submittals. Project
inspections and RFIs allow us to
answer questions from the
contractor and to solve problems
quickly, essential to a project’s
success.
Deliverables:
Observation Reports, Punch Lists,
RFIs, Certificate of Payment,
Notice of Substantial Completion
Schematic Design Documents
From the Master Plan, we develop Schematic Design
Documents (30%), specifications outline and
operational program. SD will indicate all
improvements in the project, with costs and phases.
Stakeholder meetings and site visits aid the process.
Deliverables:
30% Schematic Design Docs, Specifications Outline,
Renderings, Operational Program, Preliminary Cost
Estimate
Design Development Documents and CEQA
Support
This process advances to a more detailed plan
(approx.. 50% CDs) based on the approved
Schematic Design. The priority is to define and
develop the important aspects of the project in
detail with specs.
Deliverables:
Drawing Set, Draft Spec, Detailed Cost Estimate,
Phasing, Life-Cycle Cost Analysis, CEQA
Support
4 weeks
3 weeks
8 weeks
9 weeks
8 weeks
3 mos.
6 mos.
3 mos.
Phase I Phase II Phase III
Timelines Change Depending on the Type of Project
Grand
Opening
24 mos.
Item # 7.
820 BROADWAY ST CHICO CA 95928 – 530.899.1616
1930 G ST SACRAMENTO CA 95811 – 916.754.2153
MELTONDG.COM
Worth Every Penny SCHEDULE OF RATES
MDG PERSONNEL
Principal Landscape Architect $195.00 / hour
Project Manager $155.00 / hour
Irrigation Specialist $140.00 / hour
Graphic Designer $125.00 / hour
Designer/Technician $105.00 / hour
Administration $ 90.00 / hour
REIMBURSABLE EXPENSES
B & W Copies, 8.5 X 11 $ .35 each
B & W Copies, 11 X 17 $ .60 each
Color Copies 8.5 x 11 $ 1.40 each
Color Copies 11 X 17 $ 2.65 each
Binding Covers 8.5 x 11 $ 3.00 each
Binding Covers 11 x 17 $ 6.00 each
Black & White 24x36 Print $ 5.75 each
Black & White 30x42 Print $ 8.25 each
Color 24x36 Print $30.50 each
Color 30x42 Print $45.00 each
Premium Color Glossy Plan Print $65.00 each
Foam Core 24” x 36” $13.50 each
Foam Core 30” x 42” $16.00 each
Flash Drive $ 10.00 each
Overnight Mail Cost Plus 15%
Courier Cost Plus 15%
Photography Cost Plus 15%
Soils Analysis Cost Plus 15%
Travel / Automobile $ .75 per mile
Note: Rates subject to change after one year of proposal
EXHIBIT B
Item # 7.
820 BROADWAY ST CHICO CA 95928 - 530.899.1616
1930 G ST SACRAMENTO CA 95811 - 916.754.2153
MELTONDG.COM
Let Our Clients Do The Talking REFERENCES
Melton Design Group, Inc. has had an opportunity to work with many different agencies creating successful projects. Following is information for several agencies that we have been contracted with as an On-Call resource. These references provide you with a glimpse into the resource MDG can be for you.
City of Davis 23 Russell Boulevard, Davis, CA 95616
Department of Parks and Community Services
Dale Sumersille, Director
(530) 757-5626 / [email protected]
Projects: Brentwood Park
Chico Area Recreation and Park District 545 Vallombrosa, Chico, CA 95928 Annabel Grimm, General Manager
(530) 895-4711 / [email protected]
Projects: Rotary Centennial Park
Chapman Park
Caper Acres Park
DeGarmo Park
CARD Rose Garden and Event Facility
City of Fresno 1875 Feather River Boulevard, Oroville, CA 95965 Ed Chinevere, PARCS Assistant Director
(559) 903-6033 / [email protected]
Projects: Armstrong-Hamilton Park Tot Lot
Radio Park
Quigley Park
Paradise Recreation and Park District 6626 Skyway, Paradise, CA 95969 Dan Efseaff, District Manager
(530) 872-6393 / [email protected]
Projects: Lakeridge Park Master Plan, Design Development and Construction Documents Bille Park Renovation
Oak Creek Park Master Plan
Moore Park Master Plan and Renovation
Noble Park and Expansion Master Plan
Eastside Community Park Master Plan, Costs, Sustainability Design
Item # 7.
820 BROADWAY ST CHICO CA 95928 – 530.899.1616
1930 G ST SACRAMENTO CA 95811- 916.594.9342
MELTONDG.COM
We Can Handle Your Projects
ACKNOWLEDGEMENTS
1. Melton Design Group, Inc. (MDG) does not take exception to or request any changes to the Scope of Services, the standard Professional Services Agreement nor other requirements of the RFP “OnCall Landscape Design Assistance” issued by the City of Grass Valley.
2. MDG has never defaulted on a contract.
3. MDG has never been suspended or debarred by any government agency.
4. MDG has not had any claims in the past five (5) years against our company concerning our work filed in a court or arbitration.
5. MDG will always take a proactive approach to resolving any conflict, whether it be with a Client, a Sub-Consultant or a Vendor.
a. We listen.
b. We gather the facts.
c. We come up with solutions.
d. We make sure that the conflict is resolved to the satisfaction of all parties.
6. MDG and the staff of MDG have no conflict of interest to provide the services outlined in the above-state RFP.
Item # 7.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Authorize travel for Mayor Arbuckle to the National League of Cities (NCL) Conferences for 2023
CEQA: Not a project.
Recommendation: That Council approve travel and related expenses for Mayor Arbuckle to attend the National League of Cities Conferences for 2023 (NLC Summer Board & Leadership, NLC Women in Municipal Government, & NLC City Summit).
Prepared by: Taylor Day, City Clerk
Council Meeting Date: 04/11/2023 Date Prepared: 04/6/2023 Agenda: Consent
Background Information: The National League of California Cities provides a variety of training, legislative support and information to elected and appointed officials. The City’s travel policy requires Council approval for this travel. Adequate funds are available for the travel. The involvement with the National League of California Cities also provides the opportunity to participate in nationwide policy committees, meetings with legislators, and to share and exchange ideas for enhancing city services.
The National League of Cities Summer Board & Leadership is being held in Tacoma, Washington this year from July 19th to the 21st. The National League of Cities Women in Municipal Government Conferences is an opportunity for Women in local government to learn about local policy issues, federal advocacy concerns, networking, & strengthening governance skills. This year the conference is held in Charlotte, North Carolina, on August 9th through the 11th.
City Summit is the National League of Cities' conference for local leaders to convene and collaborate on solutions to the common challenges facing America's cities. Each year, the conference is hosted in a different U.S. city, offering fresh and new best practices for government officials to improve the conditions back home. This year the City Summit will be held in Kansas City, MO March 14th through 16th.
Council Goals/Objectives: This item executes portions of work tasks towards achieving/maintaining Strategic Plan – Community Leadership. The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.
Fiscal Impact: The Fiscal Impact will be limited to Hotel Room, Airfare, and the conference registration. The anticipated cost for all three conferences to the City’s
Item # 8.
General Fund would be around $10,000. There are sufficient funds budgeted for this proposed expenditure.
Funds Available: Yes Account #: 100-101-54112
Reviewed by: __ City Manager
Attachments: None
Item # 8.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Introduction of an ordinance amending section 8.24.260 of chapter 8.24 of Title 8 of the Grass Valley Municipal Code regarding Garbage Collection and Recycling.
CEQA: Not a Project.
Recommendation: Introduce the attached ordinance, waive full reading, and read by Title Only
Prepared by: Zac Quentmeyer, Deputy Public Works Director Council Meeting Date: April 11, 2023 Date Prepared: April 6, 2022 Agenda: Consent
Background Information:
City staff was recently notified by California Department of Resources Recycling and Recovery (CalRecycle) that Section 8.24.260 of the Grass Valley Municipal Code is currently not consistent with California Code of Regulations Title 14 Section 18991.3.
The attached ordinance will amend the existing Grass Valley Municipal Code to align with the California Code of Regulations.
Council Goals/Objectives: The execution of this action attempts to achieve Strategic Goal #5 – High Performance Government and Quality Service.
Fiscal Impact: None.
Funds Available: N/A Account #: N/A
Reviewed by: Tim Kiser, City Manager
Attachments: Ordinance amending 8.24.260
Item # 9.
1 284233.v2
ORDINANCE NO. 822
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRASS VALLEY AMENDING SECTION 8.24.260 OF CHAPTER
8.24 OF TITLE 8 OF THE GRASS VALLEY MUNICIPAL CODE
REGARDING GARBAGE COLLECTION AND RECYCLING
WHEREAS, Section 8.24.260 of the Grass Valley Municipal Code is inconsistent with California Code of Regulations Title 14 Section 18991.3 requirements; and WHEREAS, the City Council wishes to align the Municipal Code with state law on this subject.
NOW THEREFORE, THE COUNCIL OF THE CITY OF GRASS VALLEY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. CODE AMENDMENT. Subsection A of Section 8.24.260 of Chapter 8.24 of Title 8 of the Grass Valley Municipal Code is amended to read as follows:
A. Tier One Commercial Edible Food Generators must comply commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
SECTION 2. CEQA FINDINGS. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly.
This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council of the City of Grass Valley declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.
Item # 9.
2 284233.v2
SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect 30 days after its adoption.
SECTION 5. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in The Union, a newspaper of general circulation printed, published, and circulated within the City.
INTRODUCED and first read at a regular meeting of the City Council on the ____ day of _______ 2023.
FINAL PASSAGE AND ADOPTION by the City Council was at a meeting held on the ____ day of _______________ 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
________________________________
Jan Arbuckle, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Michael G. Colantuono, City Attorney Taylor Day, City Clerk
Item # 9.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Economic / Inflation Update – HdL Companies
CEQA: Not a Project
Recommendation: It is recommended that the City Council receive a presentation on the current status of the economy and inflation from HdL Companies Prepared by: Andy Heath
Council Meeting Date: 04/11/2023 Date Prepared: 04/06/2023 Agenda: Administrative
Discussion:
Joan Michaels Aguilar from HdL Companies, the City’s sales tax consultant will share a brief presentation on the current status of economy and inflation. The presentation will be made at the April 11, 2023 City Council meeting; and Ms. Aguilar will be available to answer any questions.
Council Goals/Objectives: The presentation of an economic and inflation update executes a portion of the work tasks towards achieving Economic Development and Vitality; and High-Performance Government and Quality Service.
Fiscal Impact: None
Funds Available: N/A Account #: N/A
CEQA: Not a Project subject to CEQA requirements.
Reviewed by: City Manager
Item # 10.