Agenda packet — Rocklin City Council, August 8, 2023 (part 2 of 2)

To Resolution No. 2023-
EXHIBIT “B”
Legal Description of Parcel M

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ROCKLIN, COUNTY OF PLACER, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

Area “M”, as shown on the Map entitled "Whitney Ranch Large Lot Subdivision" filed for record in the Office of the County Recorder of Placer County, California, on October 2, 2004, in Book “Z” of Maps, at Page 94. Certificate of Corrections recorded June 4, 2007 as Instrument No. 2007- 0056099 of Official Records, and recorded July 12, 2013 as Instrument No. 2013-0069963 of Official Records. Excepting therefrom all that portion conveyed to the City of Rocklin in that certain Grant Deed recorded May 28, 2014, Instrument No. 2014-0034877, of Official Records.

For APN/Parcel ID(s): 017-084-001-000
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City Council
Staff Report

Subject:

Sunset Whitney Recreation Area Master Plan
Date:

August
8, 2023
Submitted By:

Kevin Huntzinger, Director of Parks and Recreation
Department:

Parks and Recreation
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute Amendment No. 1 to the Contract for Services with Melton Design Group, Inc. for Professional Services to Create a Master Plan for the Sunset Whitney Recreation Area.

Background:

On April 26, 2022, the City Council approved a Contract for Services with Melton Design Group, Inc. (MDG) to create a master plan for the Sunset Whitney Recreation Area (SWRA).

The process included the following steps:

Project Coordination
Site Analysis and Utility Study
Needs Assessment, Stakeholder Outreach and Program Development SWRA Visioning and Master Plan Inspiration
Development, Operations and Maintenance Costs
Final-phased Implementation Plan

The City Council approved the master plan presented by MDG on February 14, 2023, and provided additional direction to staff based on MDG’s findings and recommendations. In addition to the originally proposed Phase I items, the Veteran’s Memorial Park was identified as a Phase I priority, by the City Council, and staff was asked to provide a concept plan in the future.

MDG provided an amended statement of work for design services related to Veteran’s Memorial Park for an additional amount of $15,000. The amended statement of work includes:

Kick-off Meeting
Concept Plan for Veteran's Memorial Park
Preliminary Concept Plan Identifying Feature and Materials Item Number 2N.

199
Preliminary Lighting Plan
Preliminary Cost Analysis
Design Renderings
Master Plan Package Review
Plan and Cost Revisions
Final Submission

Staff recommends that the City Council approve Amendment No. 1 (Attachment 2) to the SWRA Master Plan Contract for Services with Melton Design Group, Inc. (Attachment 3).

Fiscal Impact:

The proposed contract amendment will increase the contract amount by $15,000, for a new contract total not-to-exceed amount $138,870. Sufficient funds are available in the SWRA Improvements project in the Fiscal Year 2023/24 Operating Budget to cover the recommended contract increase.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Amendment No. 1

3. Contract for Services
200
RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE SUNSET WHITNEY RECREATION AREA
MASTER PLAN CONTRACT FOR SERVICES WITH MELTON DESIGN GROUP, INC.

WHEREAS, on April 28, 2022 the City and Melton Design Group Inc. entered into a Contract for Services (Resolution 2022-84), for professional services to create a master plan for Sunset Whitney Recreation Area; and
WHEREAS, Melton Design Group, Inc. has completed all tasks outlined in the Contract for Services, and presented a final master plan concept to the City Council for consideration on February 14, 2023; and
WHEREAS, the City Council approved the final master plan concept and identified project priorities and phases; and
WHEREAS, the City Council identified Veteran’s Memorial Park as a Phase I priority and directed staff to provide a concept plan; and WHEREAS, the City and Melton Design Group, Inc. desire to add additional design services for Veteran’s Memorial Park to the Contract for Services and amend the contract amount.

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

Section 1. The City Council of the City of Rocklin hereby approves and authorizes the City Manager to execute Amendment No. 1 to the SWRA Master Plan Contract for Services with Melton Design Group, Inc. in a form substantially similar to the Exhibit “A,” attached hereto and incorporated herein.

PASSED AND ADOPTED this 8th day of August, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Mayor, Ken Broadway
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Page 2 ends

Reso. 2023-
ATTEST:
________________________________
, Acting City Clerk
202
Amendment No. 1 to Contract for Services – Melton Design Group Inc.

Page | 1
AMENDMENT NO. 1

TO CONTRACT FOR SERVICES BETWEEN THE CITY OF ROCKLIN
AND MELTON DESIGN GROUP, INC.

This Amendment is entered into as of _____________________________, by and between the City of Rocklin, a municipal corporation (“City”) and Melton Design Group, Inc. (“Contractor”), who agree as follows:

RECITALS
WHEREAS, the City and Contractor entered into a Contract for Services Agreement on April 28, 2022, for professional services to create a master plan for Sunset Whitney Recreation Area; and
WHEREAS, Melton Design Group has completed all tasks outlined in the Contract for Services for Sunset Whitney Recreation Area, and presented a final master plan concept to City Council for consideration on February 14, 2023; and WHEREAS, the City and Contractor agree to increase the total contract amount and add additional services for the design and planning of Veteran’s Memorial Park.

AGREEMENT
NOW, therefore, the City and Contractor hereby agree to amend the Contract for Services as follows:

1. Section 2, entitled “Compensation”, subsection “A” is amended to increase the total compensation not to exceed amount to One Hundred Thirty-Eight Thousand, Eight Hundred Seventy Dollars ($138,870).

2. Exhibit A, entitled “Contractor Proposal/Scope of Work”, Section 1, Task 4 – SWRA VISIONING MASTER PLAN and INSPIRATION is amended to include services related to the design and planning of Veteran’s Memorial Park.

3. Exhibit C, entitled “Schedule of Fees” is amended to increase the total amount to $138,870.

Except as set forth in this Amendment, the Contract for Services is unaffected and shall continue in full force and effect in accordance with its terms. If there is a conflict between this Amendment and the Contract for Services, the terms of this Amendment will prevail.

Executed as of the date first written above.
203
Amendment No. 1 to Contract for Services – Melton Design Group Inc.

Page | 2

CONTRACTOR
By: _____________________________
Greg Melton, Principal
By: _____________________________
Christa Melton, Secretary

CITY OF ROCKLIN
By: _____________________________
Aly Zimmermann, City Manager
APPROVED AS TO FORM:

By: _____________________________
Daniel Cucchi, Interim City Attorney
ATTEST:

By: _____________________________
, Acting City Clerk
204

CONTRACT FOR SERVICES
THIS CONTRACT is made on __________________, 20__, by and between the CITY OF ROCKLIN a municipal corporation (“City”), and MELTON DESIGN GROUP (“Contractor”) who mutually agree as follows:

Melton Design Group
820 Broadway St.

Chico, CA 95928

Phone: (530) 899-1616
Phone: (916) 754-2153
Email: [email protected]

1. SCOPE OF SERVICES
Subject to the terms and conditions set forth in this agreement, Contractor shall provide to the City the services described in the Scope of Work, Exhibit A. Contractor shall provide the services at the time, place and in the manner specified in Exhibits A and/or B. Contractor shall not be compensated for services outside the scope of Exhibit A unless prior to the commencement of the services: (a) Contractor notifies the City and City agrees the services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these additional services; and (c) City after notice, approves in writing a supplemental agreement specifying the additional services and the amount of compensation therefore. City shall have no obligation whatsoever under this agreement or any supplemental agreement, unless and until the agreement or supplemental agreement is approved by the City Manager, the City Manager’s authorized designee, or by the Rocklin City Council, as required by the Rocklin Municipal Code or other local law or policy.

2. COMPENSATION
A. The City shall pay Contractor for the services rendered pursuant to this agreement at the times and in the manner set forth in the Scope of Services, Exhibit A, the Schedule for Performance, Exhibit B, and in accordance with the Schedule of Fees in Exhibit C, but in no event shall the total compensation exceed the total sum of $123,870 (One hundred twenty-three thousand, eight hundred seventy dollars). The payments specified in Exhibits A and/or B shall be the only payments to be made to Contractor for the services rendered pursuant to this Agreement unless pursuant to Section 1, above, City approves additional compensation for additional services.

B. Contractor shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.

Reimbursable expenses shall be limited to actual expenditures of Contractor for expenses that are necessary for the proper completion of the services and shall only be payable if specifically authorized in advance by City.

C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or DocuSign Envelope ID: 046D6316-2F21-40B3-9CFE-79E88A877FF4 4/28/2022 | 11:26 AM PDT 22
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the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
(1) Job/project name or description;
(2) City’s current purchase order and/or work order number (if applicable); (3) Contractor’s invoice number;
(4) Date of invoice issuance;
(5) Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task; (6) Amount of invoice, itemizing all authorized reimbursable expenses; and (7) Total billed to date under agreement.

D. City shall make payment to Contractor net 30 days from receipt of an acceptable invoice. If Contractor’s performance is not in conformity with the Scope of Work, Exhibit A, or the Schedule of Performance, Exhibit B, or the provisions set forth above, payments may be delayed or denied, unless the Contractor’s failure to perform is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 4. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above, or as set forth in the Schedule of Performance.

E. During performance of the agreement and for a period of three (3) years after completing all services, Contractor shall maintain all accounting and financial records related to this Agreement, including but not limited to records of Contractor’s costs for all services performed under this agreement and records of Contractor’s reimbursable expenses, in accordance with generally accepted accounting practices, and shall keep and make the records available for inspection and audit by representatives of the City upon reasonable written notice.

F. Contractor shall pay when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of payment upon request. Contractor hereby agrees to indemnify City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section.

3. FACILITIES AND EQUIPMENT
Contractor shall at its sole cost and expense, furnish all facilities and equipment that may be required for Contractor to perform services pursuant to this agreement. City shall furnish to Contractor, only the facilities and equipment listed in Exhibit A (if any) according to any terms and conditions set forth in Exhibit A.

4. TERM OF CONTRACT
A. This agreement shall become effective on the date that it is approved by both parties, set forth on the first page of the agreement and shall continue in effect until project completion, unless sooner terminated as provided herein.

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B. The services of Contractor are to commence upon execution of this Contract and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit B.

5. SUSPENSION/TERMINATION:

A. City shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, by giving written notice of suspension to Contractor. If City gives such notice, Contractor shall immediately suspend its activities under this agreement.

B. This Contract may be terminated by either party, provided that the other party is given not less than 30 calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. If the agreement is terminated by the City:

Contractor shall immediately cease rendering services pursuant to this agreement; Contractor shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this agreement;
City shall pay Contractor the reasonable value of services rendered by Contractor prior to termination; provided however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the agreement not been terminated or had Contractor completed the services required by this agreement. Contractor shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Contractor. The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

C. Notwithstanding any provisions of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined.

6. INDEPENDENT CONTRACTOR
Contractor enters into this Contract as an independent contractor and not as an employee or agent of the City. Contractor shall have no power or authority by this Contract to act on behalf of City in any capacity whatsoever as an agent, or to bind the City in any respect or to any obligations whatsoever. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this agreement.

7. AMENDMENTS, CHANGES OR MODIFICATIONS
Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.

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8. EXTENSIONS OF TIME
Contractor may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 7.

9. PROPERTY OF CITY
It is mutually agreed that all materials prepared by the Contractor under this Contract shall become the property of the City, and the Contractor shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Contractor in performing this Contract which is not Contractor’s privileged information, as defined by law, or Contractor’s personnel information, along with all other property belonging exclusively to the City which is in the Contractor’s possession.

10. COMPLIANCE WITH ALL LAWS:

Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, all applicable laws, ordinances, and codes of federal, State and local governments, which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract.

For all leases and purchases of materials, equipment, supplies or other tangible personal property used to perform the agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit or Seller’s Permit from the California State Board of Equalization, in accordance with the applicable SBE criteria and requirements. This provision applies in all instances unless prohibited by the funding source for the agreement.

11. WARRANTIES AND RESPONSIBILITIES - CONTRACTOR
A. Contractor agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Contractor’s profession.

B. Contractor is duly licensed, qualified and experienced to perform the services set forth in the Scope of Services, Exhibit A. Contractor represents and warrants that Contractor has all licenses, permits, qualifications and approvals of whatsoever nature that are legally required for Contractor to practice its profession or provide any services under this agreement.

Contractor represents and warrants that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this agreement, any licenses, permits and approvals that are legally required for Contractor to practice its profession or provide such services. If Contractor is an out of state corporation, Contractor further warrants and represents that it possesses a valid certification of qualification to transact business in the State of California issued by the California Secretary of State.

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C. Contractor shall perform all services required pursuant to this agreement in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California. Contractor shall devote such time and effort to the performance of services pursuant to this agreement as is necessary for the satisfactory and timely performance of Contractor’s obligations under this agreement. Neither party shall be considered in default of this agreement to the extent that party’s performance is prevented or delayed by any cause that is beyond the reasonable control of that party.

D. All products of whatsoever nature that Contractor delivers to City pursuant to this Agreement shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession, and shall be provided in accordance with any scope of services or schedule of performance specified in Exhibits A or B.

E. Contractor shall assign only competent personnel to perform services pursuant to this agreement. Contractor shall designate a project manager who at all times shall represent the Contractor before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Contractor, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld. Contractor shall notify City in writing, of any other changes in Contractor’s staff assigned to perform the services required under this agreement, prior to any such performance. In the event the City desires the removal of any person assigned by Contractor to perform services pursuant to this agreement, because the City in its sole discretion, determines that such person is not performing in accordance with the standards required herein, Contractor shall remove such person immediately upon receiving notice from the City of the desire for the removal of such person.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law.

Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Contractor in writing within sixty (60) days of discovery. Should Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this agreement is based on such independent investigation and research. Contractor shall be liable for any expenses thereby incurred.

12. SUBCONTRACTING
None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor.

13. ASSIGNABILITY
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Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this agreement. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

14. INTEREST IN CONTRACT
Contractor covenants that neither it, nor any of its employees, agents, contractors, or subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Contractor shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Contractor’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant greater disclosure by Contractor than was originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

15. MATERIALS CONFIDENTIAL
To the extent permitted by law, all of the materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

16. LIABILITY OF CONTRACTOR-NEGLIGENCE
Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Contractor’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors.

17. INDEMNITY AND LITIGATION COSTS
Contractor shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees against all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from Contractor's negligent acts or negligent failure to act, errors, omissions or willful misconduct incident to the performance of this Contract except such loss or damage caused by the active negligence, sole negligence, or willful misconduct of the City. The provisions of this paragraph shall survive termination or suspension of this Contract.

18. CONTRACTOR TO PROVIDE INSURANCE
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Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $3,000,000 aggregate.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage. For any claims related to this contract, the Contractor’s insurance coverage shall be primary with coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, or volunteers, and shall be excess of the Contractor’s insurance and shall not contribute to it.

Notice of Cancellation. Each insurance policy required above shall not be canceled, except with notice to the City.

Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of DocuSign Envelope ID: 046D6316-2F21-40B3-9CFE-79E88A877FF4 211
any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

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.

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 Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage. Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

19. GENERAL/MISCELLANEOUS PROVISIONS:

A. Contract Documents. This agreement and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the DocuSign Envelope ID: 046D6316-2F21-40B3-9CFE-79E88A877FF4 212
Contract. In the event of any conflict between the terms or conditions of this written agreement and any terms or conditions of any document prepared or provided by Contractor and made a part of this agreement, including without limitation any document relating to the scope of services or payment therefor, the written terms of this document shall control over those terms or conditions.

B. Non-Discrimination in Employment and Equal Employment Opportunity.

Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, color, ancestry, national origin, religious creed, sex (including pregnancy, childbirth breastfeeding or related medical condition), sexual orientation, gender, gender identity, gender expression and age (over 40), disability (mental and physical), medical condition, marital status, citizenship, and military and veteran status.

C. Inspection of Records. Contractor shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Contractor.

D. Entire Agreement. This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever oral or written understanding they may have had prior to the execution of this agreement. No alteration or modification of this agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract, by persons authorized to act on behalf of the parties. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

E. Severability. If any portion of this agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

F. Waiver. Neither City’s acceptance of, or payment for, any service performed by Contractor, nor any waiver by either party of any default, breach, or condition precedent, shall be construed as a waiver of any provision of this agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

G. Notice. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

City: City of Rocklin
Office of the City Manager
3970 Rocklin Road
Rocklin, CA 95677

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City of Rocklin
City Attorney’s Office
3970 Rocklin Road
Rocklin, CA 95677

Contractor: Melton Design Group
820 Broadway St.

Chico, CA 95928

H. Enforcement of Agreement. This Contract shall be interpre ted, governed and enforced in accordance with the laws of the State of California. Venue of any action arising out of this Contract shall be brought and maintained in Placer County California, regardless of where else venue may lie. The parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such courts.

I. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

J. Power and Authority to Enter into Agreement. All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Furthermore, by entering into this Agreement, Contractor hereby warrants that it shall not have breached the terms or conditions of any other contract or Agreement to which Contractor is obligated, which breach would have a material effect hereon.

K. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

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CONTRACTOR
By: _________________________ Date:

Greg Melton, Principal
Date: By: _________________________
Christa Melton, Secretary
CITY OF ROCKLIN Date:

By: __________________________
Aly Zimmermann, City Manager
ATTEST:

By: _______________________ Date:

Hope Ithurburn, City Clerk
APPROVED AS TO FORM: Date:

EXHIBIT A

Contractor Proposal/Scope of Work

SECTION 1 – SCOPE OF SERVICES
TASK 1 – KICK-OFF MEETING and PROJECT COORDINATION $ 8,450  Project Initiation with Team and City
 Refinement of Scope and Schedule
 Ongoing Project Management

TASK 2 – SITE ANALYSIS and UTILITY STUDY $ 11,600
 Site Visits and Photo Summary of Site
 Civil/Utility/Environmental/Reconnaissance and Avoidance  Existing Conditions and Infrastructure Improvement Plan – with Staff Support  Existing Condition of Structures and Utility Assessments

TASK 3 – NEEDS ASSESSMENT, STAKEHOLDER OUTREACH and PROGRAM DEVEL. $ 19,100  Review Existing Reports, Studies and previous Outreach data.  Interviews with all Stakeholders (3 meetings)
 Opportunities and Constraints Study
 Sustainable Project Certification Requirements
 Feasibility and ROI Opportunity of Clubhouse and Pro Shop  Program for Current and Future Needs of Stakeholders

TASK 4 – SWRA VISIONING MASTER PLAN and INSPIRATION $ 52,100  Preliminary Concept Plan Identifying all Active and Passive Activities  Renderings, Enlargements, and 3D Renderings of Key Areas; Sketches and Photos Providing Inspiration and Vision – Basic graphic level of rendering  Concepts for Clubhouse and Pro Shop – Basic Perspective Sketches and Elevations  Recommendations for Current and Future Use Presented to Stakeholders  Environmental Description of Project
 Master Plan Booklet (Draft)

TASK 5 – DEVELOPMENT, OPERATION and MAINTENANCE COST $ 21,470  Capital Improvement Cost Estimate
 Phasing Improvement and Cost Breakdown
 Life-Cycle Infrastructure and Maintenance Cost
 Operational and Maintenance Cost Analysis

TASK 6 – FINAL PHASED IMPLEMENTATION PLAN $ 7,750
 Review, Refine and Complete Master Plan Booklet with Stakeholder Approval  Present Final SWRA Plan to Parks, Recreation and Arts Commission and Council

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OPTIONAL TASKS
TASK 7 – POTENTIAL FUNDING OPPORTUNITIES $ 5,750
 Grant Funding Matrix Identifying Possible Grants that Meet the Needs of the Master Plan
TASK 8 –ARCHITECTURAL and STRUCTURAL BUILDING ASSESSMENT $ 9,600  Study of Clubhouse Building to Determine its Ability to be Re-purposed

SECTION 2 – ADDITIONAL SERVICES
Services not described in Section 1 of the scope of services shall be provided if authorized in writing by both parties.

Additional Services include but are not limited to:

1. Work involving environmental impact reports or initial study.

2. Construction Drawings, specifications, Bid documents and Construction Administration.

3. Civil engineering or design for off-site improvements.

4. Structural engineering or geotechnical reports.

5. Models, computer generated animations or other forms of presentation materials, that go beyond the stipulated plans, drawings and documents in Section 1.

6. Any service or reimbursable expense not included in or in excess of Section 1 that are provided by Melton Design Group, Inc. at your request or concurrence.

SECTION 3 – MISCELLANEOUS PROVISIONS

1. This proposal will remain valid for a time period of 6 months, after which if a contract has not been executed MELTON DESIGN GROUP reserves the right to revise billing rates /fee amounts.

2. If project is put on hold for 6 months a 5% startup fee will be assessed.

3. Landscape Architect agrees to provide its professional services in accordance with generally accepted standards of its profession.

4. Landscape Architects are regulated by the State of California. Any questions concerning a Landscape Architect may be referred to:

Landscape Architects Technical Committee
2420 Del Paso Road, Suite 105, Sacramento, CA 95834. (916) 575-7230

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EXHIBIT B

Schedule of Performance

The Melton Design Group presented the initial project schedule below, outlining an approximate schedule of nine months from project kick-off to completion. All dates outlined would be modified based on contract approval and kick-off schedule.

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DocuSign Envelope ID: 046D6316-2F21-40B3-9CFE-79E88A877FF4 219

EXHIBIT C

Schedule of Fees

COST SUMMARY PER TASK – MASTER PLAN DEVELOPMEN
TASK 1: KICK-OFF MEETING and PROJECT COORDINATION $ 8,350 TASK 2: SITE ANALYSIS and UTILITY STUDY $ 11,600
TASK 3: NEEDS ASSESSMENT, STAKEHOLDER OUTREACH and PROGRAM DEVEL. $ 19,100 TASK 4: SWRA VISIONING MASTER PLAN and INSPIRATION $ 52,100 TASK 5: DEVELOPMENT, OPERATION and MAINTENANCE COSTS $ 21,470 TASK 6: FINAL PHASED IMPLEMENTATION PLAN $ 7,750
REIMBURSABLES (Actual prints and reproductions to be determined by City) $ 3,500

TOTAL $ 123,870

OPTIONAL TASKS (activate upon initialing each task)
TASK 7: POTENTIAL FUNDING OPPORTUNITIES $ 5,750
TASK 8: ARCHITECTURAL and STRUCTURAL BUILDING ASSESSMENT $ 9,600

MDG billing will occur monthly. If the project scope changes in a way that could cause additional work beyond this contract, MDG will dictate an addendum to contract and notify the City of Rocklin prior to exceeding the estimate.

2022 SCHEDULE OF RATES

MDG PERSONNEL

Principal Landscape Architect $180.00 / hour
Project Manager $145.00 / hour
Irrigation Specialist $130.00 / hour
Graphic Designer $115.00 / hour
Designer/Technician $ 95.00 / hour
Administration $ 85.00 / hour

REIMBURSABLE EXPENSES

Black & White Copies 8.5 x 11 $ .30 each
Black & White Copies 11 x 17 $ .55 each
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Color Copies 8.5 x 11 $ 1.35 each
Color Copies 11 x 17 $ 2.50 each
Binding Covers 8.5 x 11 $ 3.00 each
Binding Covers 11 x 17 $ 6.00 each
Black & White 24 x 36 Print $ 5.40 each
Black & White 30 x 42 Print $ 7.88 each
Color 24 x 36 Print $28.86 each
Color 30 x 42 Print $42.09 each
Premium Color Glossy Plan Print $62.50 each
Foam Core 24 x 36 $13.25 each
Foam Core 30 x 42 $15.75 each
Flash Drive $ 9.00 each
Overnight Mail Cost Plus 15%
Courier Cost Plus 15%
Photography Cost Plus 15%
Soils Analysis Cost Plus 15%
Travel / Automobile $ .62 per mile

Note: Rates subject to change after one year of proposal

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EXHIBIT __

CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisi ons of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONTRACTORS

By: __________________________
Greg Melton, Principal

END OF CONTRACT

DocuSign Envelope ID: 046D6316-2F21-40B3-9CFE-79E88A877FF4 4/28/2022 | 10:27 AM PDT
222
City Council
Staff Report

Subject:

Swearing in of Newly Appointed Board and Commission Members Date:

August
8, 2023
Submitted By:

Haley Reid, Management Analyst
Recommendation:

Item Number 3A.

223
City Council
Staff Report

Subject:

Proclamation Recognizing August 21st as National Fentanyl Prevention and Awareness Day
Date:

August
8, 2023
Submitted By:

Janette Haley, Deputy City Clerk
Haley Reid, Management Analyst
Department:

City Council
Recommendation:

Item Number 4A.

224
City Council
Staff Report

Subject:

Pursuant to Government Code section 54957: Public Employment, Title: City Attorney
Date:

August
8, 2023
Submitted By:

Department:

City Manager's Office
Recommendation:

Item Number 8A.

225

Rocklin City CouncilAugust 8, 2023

Rocklin City Council
August 8, 2023