Agenda — St. Helena City Council, February 13, 2024 (part 2 of 4)

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constructed in accordance with the standard plans and specifications for concrete sidewalks, driveway approaches, curbs or gutters approved by the Director of Public Works. (Prior code § 13.17)”
Amendment to Municipal Code Section 12.08.100. Section 12.08.100 is hereby amended as follows:
“A. It Is made the duty of the City where public property Is owned by the City infee and fronts on any public street therein to keep the sidewalks that are now or may hereafter be built to established along such frontage in a good state of repair so that they shall not endanger person or property passing thereon or interfere with the public convenience in the use thereof.

B. The City may assume responsibility for maintenance of any sidewalk, curb or gutter within the City limit and within the public right of way by resolution if the City Council finds that there is a public benefit to do so. Resolution shall clearly define the location of the segment of sidewalk, curb or gutter to be City responsibility and the maintenance activities for which the City will be responsible.

C. The City may rescind public responsibility for maintenance of any sidewalk, curb or gutter within the City limit and within the public right of way previously assumed by resolution of the City Council if the City Council finds that the public benefit cited in the aforementioned resolution no longer exists, never existed or was adopted in error.” Amendment to Municipal Code Section 12.08.110. Section 12.08.110 is hereby amended as follows:
“Where the street is unimproved or where the existing curbs are in poor condition or not to official line and grade, owners of property proposing to construct any of the work mentioned in this article must first obtain the correct line and grade at the property owner's sole expense by a surveyor licensed in the State of California. (Prior code §

13.19)”
Amendment to Municipal Code Section 12.08.120. Section 12.08.120 is hereby amended as follows:
“All work provided by this chapter shall be done under the supervision and direction and to the satisfaction of the Director of Public Works or the or the director’s designated representative, and inspection shall be requested by the permittee when the forms are in place, and no concrete shall be poured until such forms are inspected and approved. (Prior code § 13.20)”
Amendment to Municipal Code Section 12.08.140. Section 12.08.140 is hereby amended as follows:
“The City Council shall have the right at any time, upon order duly made and given, to require payment of a fee for any permit issued under this chapter. All fees, fines and Agenda Item #10.6.

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penalties applied under this chapter shall be published in the master user fee schedule as adopted by the city council. (Prior code § 13.22)”
Amendment to Municipal Code Section 12.08.150. Section 12.08.150 is hereby amended as follows:
“When any portion of any improved street, avenue, lane, alley, court or place in the city, or any sidewalk constructed thereon shall be out of repair, or needing reconstruction, and in condition to endanger persons or property passing thereon, or in condition to interfere with the public convenience in the use thereof, and the Director of Public Works or the director’s designated representative has required the owners or occupants of lots or portions of lots fronting on such portion of such street, avenue, alley, lane, court or place, or such portion of such sidewalks so out of repair or needing reconstruction as aforesaid, to repair or reconstruct, or to do both, forthwith, the portion of the street, avenue, lane, alley, court, or place, to the center line of the street in front of the property of which he or she is the owner or tenant, or occupant, by serving written notice in the manner and form prescribed by Sections 5611-5614 of the Streets and Highways Code, as the same has or may hereafter be amended, and the owner or occupant fails or neglects to commence the repair or reconstruction in the manner and form required by the notice within the time period specified in the notice after the service of the same, or to diligently or without interruption prosecute the work to completion, the owner or occupant of such lot or property so failing or neglecting to do such things or any of them, after the service of the notice in the manner and form above described, shall forfeit to the city the sum of fifty dollars ($50.00), which may be recovered by the city in a civil action brought in any court of competent jurisdiction, and shall also be guilty of a misdemeanor. (Prior code § 13.42)” Amendment to Municipal Code Section 12.08.170. Section 12.08.170 is hereby amended as follows:
“It is made the duty of the Director of Public Works to enforce the provisions of Sections

12.08.160 through 12.08.180. In all cases where there are railroad tracks laid in any street so graded and paved with an asphalt wearing surface on a concrete or other base material and any portion of the street between and under the tracks and for the distance of two feet on each side thereof has not been graded and paved, in accordance with the provisions of said sections or where such pavement or the foundation thereof has become defective or out of repair, the Director of Public Works shall cause a written notice to be served upon the person owning or maintaining the railroad tracks, in which notice he or she shall specify generally the nature and kind of the work required, and shall direct the person to perform the same and it shall thereafter be the duty of any such person to commence the work within ten (10) days after the service of the notice, and to prosecute the same diligently and without the intermission until the same be completed, under the inspection and to the satisfaction of the superintendent of streets and to furnish and use thereon all appliances and workmen that may be required therefor and designated by the superintendent of streets. When any such pavement is hereafter required to be repaired under the provisions of said Agenda Item #10.6.

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sections, it must be repaired in accordance with the provisions of Section 12.08.160 for the original construction of the pavement. (Prior code § 13.44)” Amendment to Municipal Code Section 12.08.170. Section 12.08.170 is hereby amended as follows:
“Should any person fail to grade or pave any such street as required by Sections

12.08.160 through 12.08.180 or to comply with any notice that the director of public works may cause to be served upon such person under the provisions of said sections or to comply with any direction that he or she may lawfully give as to the manner of doing the work during the course thereof, or to repair any defective pavement or foundation now or hereafter laid on any of the streets between or under the tracks or for a distance of two feet on each side thereof, in accordance with the requirements of said sections for the original construction of the work, or to repair any defective pavement under or between the tracks, or for a distance of two feet on each side thereof on any street, after written notice from the director of public works so to do; such person so failing therein shall be guilty of an infraction for each and every day that such person shall fail therein after receiving notice from director of public works, so to do. Nothing in Sections 12.08.160 through 12.08.180 contained shall be construed to relieve any such person from liability for any damage that may accrue by reason of his or her nonperformance of the work or to abate or modify any other remedy that the city may have to enforce the performance of the same or to forfeit the franchise of any such person. (Prior code § 13.45)”
SECTION 3. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days after its adoption, and a summary of this ordinance shall be published once with the names of the members of the Council voting for and against the ordinance in the St. Helena Star, a newspaper of general circulation published in the City of St. Helena.

Agenda Item #10.6.

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THE FOREGOING ORDINANCE was introduced at a regular meeting of the St. Helena City Council on the day of , 2024, and was adopted at a regular meeting of the St. Helena City Council on the day of , 2024, by the following vote:

Mayor Dohring: _____
Vice Mayor Hall: _____
Councilmember Chouteau: _____
Councilmember Hardy: _____
Councilmember Summers: _____
APPROVED:
_______________________________
Paul Jamison Dohring, Mayor
ATTEST:

CITY OF ST. HELENA
___________________________________
Cindy Tzafopoulos, City Clerk
I, CINDY TZAFOPOULOS, CITY CLERK of the City of St. Helena, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 2024. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 2024, by the following vote:

Mayor Dohring: _____
Vice Mayor Hall: _____
Councilmember Chouteau: _____
Councilmember Hardy: _____
Councilmember Summers: _____
Agenda Item #10.6.

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PROPOSED REVISIONS TO SHMC CHAPTER 12.08 – CONSTRUCTION AND MAINTENANCE (OF SIDEWALKS)

12.08.010 Duty of property owners to repair sidewalks.

A. It is made the duty of every property owner within the city whose property fronts on any public street therein to keep the sidewalks that are now or may hereafter be built or established along such frontage in a good state of repair so that they shall not endanger persons or property passing thereon or interfere with the public convenience in the use thereof.

A. California Streets and Highways Code Sections 5610 through 5630, as they now exist or are from time to time hereafter amended, are referred to and are incorporated by reference into this code. Where authority to enforce State code is vested in the superintendent of streets that authority shall be delegated to the Director of Public Works for the City of St. Helena.

B. Notwithstanding subsection (A) of this section, maintenance and repair of sidewalks, which includes curb, gutter and storm drainage structures, on Main Street between Sulphur Creek and Pine Street, shall be the responsibility of the city in every case where damage to the sidewalk is caused by street trees for which the city has responsibility under Section 12.24.070, or by a tree designated as a heritage tree for which the city has responsibility under Section 12.24.120, except for damage as a result of over watering and any other damage not caused solely by the tree(s).

B. Notwithstanding California Streets and Highways Code Section 5610 through 566130 and subsection (A) of this section, the owners of lots or portions of lots fronting on any portion of a public street within the St. Helena city limit shall maintain the sidewalk in such condition that the sidewalk will not endanger persons or property. The sidewalk shall be maintained in a condition which will not interfere with the public convenience in the use of those works.

C. In addition to the provisions of this Chapter 12.08 regarding the construction and maintenance of sidewalks, the director of public works may establish procedures which govern the maintenance of repair of sidewalks throughout the city in order to provide property owners an opportunity to comply with maintenance and repair requirements in a cost effective manner, consistent with the purpose and provisions of this chapter and Title 12 of this code and any other applicable laws and regulations. (Ord. 06-3 (part); prior code § 13.3)]
C. Notwithstanding subsection (B) of this section, maintenance and repair of sidewalks, which includes curb, gutter and storm drainage structures, on Main Street between Sulphur Creek Bridge and Pine Street, shall be the responsibility of the city in every case where damage to the sidewalk is caused by street trees for which the city has responsibility under Section 12.24.070, or by a tree designated as a heritage tree for which the city has responsibility under Section 12.24.120, except for damage as a result of over watering and any other damage not caused solely by the tree(s).

Agenda Item #10.6.

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D. In addition to the provisions of this Chapter 12.08 regarding the construction and maintenance of sidewalks, the Director of Public Works may establish procedures and design standards which govern the maintenance of repair of sidewalks throughout the city in order to provide property owners an opportunity to comply with maintenance and repair requirements in a cost effective manner, consistent with the purpose and provisions of this chapter and Title 12 of this code and any other applicable laws and regulations. (Ord. 06-3 (part); prior code § 13.3)
E. Where the provisions of this Chapter and the California Streets and Highways Code Sections 5610 through 5630, as they now exist or are from time to time hereafter amended conflict, the more stringent code shall prevail.

12.08.020 Duty of property owners to clean public right-of-way in front of premises.

A. It shall be the duty of every owner of real estate within the city fronting on a public street to remove and clean away, at his or her own expense, the weeds, grass, brush and debris in the public right-of-way in front of his or her premises from the property line to the center of the street. (Prior code § 13.4) B. It shall be the duty of every owner of real estate within the city fronting a street intersection to remove and clean away, at his or her own expense, the weeds, grass, brush and debris that interfere with or impair the vision of operators of vehicles at street intersections. Because of the special circumstances related to the historic district as set forth in the recitals to this chapter, the specific locations of newsracks in the historic district shall be as set forth in subsection (C) of section 12.20.050.

B. It shall be the duty of every owner of real estate within the city fronting a street intersection to remove and clean away, at his or her own expense, the weeds, grass, brush and debris that interfere with or impair the vision of operators of vehicles at street intersections. Because of the special circumstances related to the historic district as set forth in the recitals to this chapter, the specific locations of newsracks in the historic district shall be as set forth in subsection (C) of section 12.20.050 C. It shall be the duty of every owner of real estate within the city and fronted by multiple streets accessible by the public to maintain the "visibility triangle" as defined and in accordance with SHMC Section 17.04.160.

Agenda Item #10.6.

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12.08.025 Liability for injuries to the public.

A. Any property owner to whom Sections 12.08.010 and 12.08.020 apply shall owe a duty to members of the public to comply with those sections and with all applicable provisions of California Streets and Highways Code Sections 5610 through 5661 5630, as incorporated by reference into this code. If any property or person suffers injury or damage as a result of a property owner’s failure to comply with the requirements of Sections 12.08.010 and 12.08.020, or with other applicable law that requires a property owner to maintain and repair sidewalks, the property owner shall be liable to such person for the resulting injury or damage.

B. Notwithstanding the duty of care established by subsection (A) of this section, if any property or person suffers injury or damage as a result of the city’s failure to repair any sidewalk for which the city has the responsibility to maintain and repair under Section 12.08.010, liability for such resulting injury or damage shall be determined according to law. (Ord. 06-3 (part))

12.08.030 Enforcement of property owners’ duty to repair.

All provisions of California Streets and Highways Code Sections 5610 through 5661, as they now exist or are from time to time hereafter amended, are referred to and are incorporated by reference into this code. (Prior code § 13.5)

12.08.040 Water drains emptying into streets. (No change) All water drains constructed or maintained for the purpose of discharging water into the public streets shall be so constructed that the waters will not be discharged upon or over any sidewalk or permitted to flow over or across the same, but shall be conducted beneath the sidewalk and discharged into the gutter of the street beneath the curb line thereof. Except as specifically authorized by the director of public works, such drains may be only for the purpose of conducting water from the exteriors of buildings and other improvements and may not drain water or any other materials from within the buildings and other improvements. The director of public works may authorize a special water drain connection for the purpose of disposing of uncontaminated water from an overflow, ground water sump, condenser, or other source. In authorizing a special water drain connection, the director of public works will consider the quality and quantity of water to be drained into the street and possible impacts on the public. All water drains not in compliance with the provisions of this section shall be reconstructed so far as may be necessary to comply with the provisions of this section. (Prior code §

13.6)

12.08.050 Permit required.

It is unlawful for any person to construct or cause to be constructed in any street in the city any sidewalk, driveway approach, curb or gutter without first obtaining a permit in writing to do so from the city council or from such officer of the city as the city council may from time to time authorize or Agenda Item #10.6.

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delegate the authority to issue such permit Director of Public Works or the director’s designated representative. (Prior code § 13.13)

12.08.060 Application for permit—Posting of permit.

Any permit granted under the terms of this chapter shall be issued upon blank forms in the format furnished by the city and shall specify the name and address of the applicant, the location of the property in front of which the proposed sidewalk, driveway approach, curb or gutter is to be constructed, the dimensions thereof and shall refer to this chapter for the materials to be used and the method of construction. Such permit shall be posted in a conspicuous place near the work to be done by the permittee to whom the same may be issued. (Prior code § 13.14)

12.08.070 Permit need not be issued. (No change)
Nothing in this chapter shall be deemed or construed to compel the city council or its duly authorized officer to issue a permit on any application that may be made therefor and as provided in this chapter if, in the judgment of the council or its duly authorized officer, the proposed work is against the best public interests, welfare or convenience. (Prior code § 13.15)

12.08.080 Concrete to be used—Exception.

No sidewalk, driveway approach, curb or gutter shall be constructed of any material other than concrete unless the city council expressly authorizes the same within the urban limit line unless expressly approved by the Director of Public Works. Asphaltic Concreteement (AC) may be used for bikeway, multi-use path, sidewalk, curb and gutter outside the urban limit line with the approval of the Director of Public Works. (Prior code § 13.16)

12.08.090 Plans and specifications.

All sidewalks, driveway approaches, curbs or gutters must be constructed in every particular in accordance with the permit issued therefor, and all sidewalks, driveway approaches, curbs or gutters constructed on streets in the city, with the exception of Main Street, which is a state highway route, shall be constructed in accordance with the standard plans and specifications for concrete sidewalks, driveway approaches, curbs or gutters in the city on file in the office of the city clerk, as the same now read or as they may hereafter be changed or amended by resolution of the council, reference to which plans and specifications is hereby made for further particulars. (Prior code § 13.17) All sidewalks, driveway approaches, curbs or gutters shall be constructed, reconstructed or repaired in every particular in accordance with city the permit issued therefor. All sidewalks, driveway approaches, curbs or gutters constructed, reconstructed or repaired on streets in the city and accessible by the public shall be constructed in accordance with the standard plans and specifications for concrete Agenda Item #10.6.

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sidewalks, driveway approaches, curbs or gutters in the city approved by the Director of Public Works. (Prior code § 13.17)

12.08.100 Construction standards on Main Street. Duty of City to RepairMaintenance of Certain Sidewalks.

All sidewalks, driveway approaches, curbs or gutters constructed on Main Street in the city, so long as the street is a state highway route, must be constructed in every particular and in accordance with the permit issued therefor and all sidewalk approaches on Main Street shall be constructed in accordance with the regulations for sidewalk approaches and standard driveways to serve property fronting on state highways outside the limits of incorporated cities, promulgated by the Division of Highways, Department of Public Works of the state of California, under date of July, 1975, where the same may be applicable to such state highway route within the city limits of the city. (Prior code § 13.18) A. It Is made the duty of the City where public property Is owned by the City in-fee and fronts on any public street therein to keep the sidewalks that are now or may hereafter be built to established along such frontage in a good state of repair so that they shall not endanger person or property passing thereon or interfere with the public convenience in the use thereof.

D. Notwithstanding Subsections 12.08.100(A), (B) or (C), responsibility for liability for injuries to the public shall be defined as described in Section 12.08.010 and California Streets and Highways Code Sections 5610 through 5630, as they now exist or are from time to time hereafter amended.

12.08.110 Obtaining correct line and grade.

Where the street is unimproved or where the existing curbs are in poor condition or not to official line and grade, owners of property proposing to construct any of the work mentioned in this article must first obtain the correct line and grade from the city engineer. For this service, the city engineer shall charge one dollar ($1.00), which shall be paid in advance. at the property owner's sole expense by a surveyor licensed in the State of California. (Prior code § 13.19) Agenda Item #10.6.

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12.08.120 Inspection, supervision and approval of work.

All work provided by this chapter shall be done under the supervision and direction and to the satisfaction of the superintendent of streets Director of Public Works or the city council or such other officer as it may designate or the director’s designated representative, and notice shall be given by the permittee and inspection shall be requested by the permittee when the forms are in place, and no concrete shall be poured until such forms are inspected and approved. (Prior code § 13.20)

12.08.130 Responsibility for injuries—Protection of work (No Change) The one to whom any permit is provided by this chapter is granted shall thereby become and be responsible for the proper execution of the work, and for all personal injuries or damages to third persons arising from the doing of any of the work specified in such permit, and the permittee shall see that necessary barriers, “Street Closed” signs, lights and watch-men, or any thereof, as may be necessary to prevent accidents to the public and to protect work are provided. (Prior code § 13.21)

12.08.140 Permit fees.

The city council shall have the right at any time, upon order duly made and given, to require payment of a fee for any permit issued under this chapter. (Prior code § 13.22) The Director of Public Works or the director’s designated representativeCity Council shall have the right at any time, upon order duly made and given, to require payment of a fee for any permit issued under this chapter. All fees, fines and penalties applied under this chapter shall be published in the master user fee schedule as adopted by the city council. (Prior code § 13.22)

12.08.150 Repair requirements—Generally.

When any portion of any improved street, avenue, lane, alley, court or place in the city, or any sidewalk constructed thereon shall be out of repair, or needing reconstruction, and in condition to endanger persons or property passing thereon, or in condition to interfere with the public convenience in the use thereof, and the superintendent of streets Director of Public Works or the director’s designated representative has required the owners or occupants of lots or portions of lots fronting on such portion of such street, avenue, alley, lane, court or place, or such portion of such sidewalks so out of repair or needing reconstruction as aforesaid, to repair or reconstruct, or to do both, forthwith, the portion of the street, avenue, lane, alley, court, or place, to the center line of the street in front of the property of which he or she is the owner or tenant, or occupant, by serving written notice in the manner and form prescribed by Sections 31 of the Statutes of the state generally known as the “Improvement Act of 1911" being Chapter 397 of the Statutes of 1911 (Sections 5000 to 67945611-5614 of the Streets and Highways Code Annotated of the state), as the same has or may hereafter be amended, and the owner or occupant fails or neglects to commence the repair or reconstruction in the manner and form required by the notice within three days the time period specified in the notice after the service of the same, or to diligently or without interruption prosecute the work to completion, the owner or occupant of such Agenda Item #10.6.

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lot or property so failing or neglecting to do such things or any of them, after the service of the notice in the manner and form above described, shall forfeit to the city the sum of fifty dollars ($50.00), monetary sum of fees, fines, penalties, staff time and materials cost to complete the work and which may be recovered by the city in a civil action brought in any court of competent jurisdiction, and shall also be guilty of a misdemeanor. (Prior code § 13.42)

12.08.160 Grading and paving along railroad tracks generally. (No Change) The city council being of the opinion and having in its judgment decided that the method of construction herein provided is necessary, does specify that when any street in the city has or hereafter shall be graded and paved with an asphalt wearing surface, on a concrete or other base, and there are railroad tracks laid in the street, the portions of the street between and under the tracks and for a distance of two feet on each side thereof, shall be graded and paved in the same manner and with the same materials as the rest of the street is graded and paved, subject to the following modifications adjudged by the city council to be necessary for the preservation of the pavement:

The tracks shall be laid flush with the official grade of the street, the rails to be secured to the ties on tie plates three-fourths of an inch in thickness and the ties to be spaced at thirty (30) inches apart center to center, except at joints where one tie will be placed under the end of each rail. Pockets under the rails between ties will be dug out and the entire width of the roadbed brought to the form shown on the plans hereinafter referred to, and the pockets and the space above the level of the base of the tie plates shall be filled with concrete thoroughly tamped and worked into such pockets and brought up solidly under the base of the rails and elsewhere brought to a true finish one and one-half inches below the official grade of the street and parallel thereto.

Paving bricks of good quality and suitable shape shall be set alongside the heads of “T” rails as shown on such plans; these to be set on sand cushions as shown therein. Where grooved rails are used, the pavement surface shall be finished with asphaltic paving mixture only.

After the paving bricks are set in place the space occupied by the toothing shall be filled with concrete. The joints between the tracks and the rails shall be filled with asphaltic cement.

Upon the base thus formed shall be laid an asphaltic wearing surface one and one-half inches in thickness and to the official line and grade of the street. It shall be laid and constructed in like manner as the wearing surface on adjacent portions of the street on each side of the railroad.

The plan and specifications for the paving, prepared by C. H. Wallace, former town engineer, and filed in the office of the city clerk are adopted for a further description of the method of doing the work and by special reference thereto are made a part of this section; provided, that when any of the work is done under contract awarded by any of the officials of the city, the superintendent therein referred to shall be the street superintendent and when any of the work is done by private contract executed by any person or corporation owning any of the railroad tracks within the city, the superintendent of streets shall not have charge of the work, although he or she shall have the right to inspect the same as therein provided and to require that it shall be done in accordance with the regulations herein adopted. Any work not so done will not be accepted by the city. (Prior code § 13.43)

12.08.170 Grading and paving along railroad tracks—Enforcement by superintendent of streets Director of Public Works.

Agenda Item #10.6.

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It is made the duty of the superintendent of streets Director of Public Works to enforce the provisions of Sections 12.08.160 through 12.08.180. In all cases where there are railroad tracks laid in any street so graded and paved with an asphalt wearing surface on a concrete or other basis base material and any portion of the street between and under the tracks and for the distance of two feet on each side thereof has not been graded and paved, in accordance with the provisions of said sections or where such pavement or the foundation thereof has become defective or out of repair, the superintendent of streets Director of Public Works shall cause a written notice to be served upon the person owning or maintaining the railroad tracks, in which notice he or she shall specify generally the nature and kind of the work required, and shall direct the person to perform the same and it shall thereafter be the duty of any such person to commence the work within ten (10) days after the service of the notice, and to prosecute the same diligently and without the intermission until the same be completed, under the inspection and to the satisfaction of the superintendent of streets and to furnish and use thereon all appliances and workmen that may be required therefor and designated by the superintendent of streets. When any such pavement is hereafter required to be repaired under the provisions of said sections, it must be repaired in accordance with the provisions of Section 12.08.160 for the original construction of the pavement. (Prior code § 13.44)

12.08.180 Failure to comply.

Should any person fail to grade or pave any such street as required by Sections 12.08.160 through

12.08.180 or to comply with any notice that the superintendent of streets director of public works may cause to be served upon such person under the provisions of said sections or to comply with any direction that he or she may lawfully give as to the manner of doing the work during the course thereof, or to repair any defective pavement or foundation now or hereafter laid on any of the streets between or under the tracks or for a distance of two feet on each side thereof, in accordance with the requirements of said sections for the original construction of the work, or to repair any defective pavement under or between the tracks, or for a distance of two feet on each side thereof on any street, after written notice from the superintendent of streets director of public works so to do; such person so failing therein shall be guilty of an infraction forfeit to the city the sum of twenty-five dollars ($25.00) a day for each and every day that such person shall fail therein, pay to the City all fees, fines and penalties applied under this chapter after receiving notice from superintendent of streets director of public works, so to do, which forfeiture may be recovered in a civil action in any court of competent jurisdiction, and it shall be the duty of the superintendent of streets director of public works to prosecute the action thereof in the name of the city, and at its expense. Nothing in Sections 12.08.160 through 12.08.180 contained shall be construed to relieve any such person from liability for any damage that may accrue by reason of his or her nonperformance of the work or to abate or modify any other remedy that the city may have to enforce the performance of the same or to forfeit the franchise of any such person. All fees, fines and penalties applied under this chapter shall be published in the master user fee schedule as adopted by the city council. (Prior code § 13.45)
Agenda Item #10.6.

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1 Cindy Tzafopoulos
From: Mark Smithers <[email protected]>
Sent: Tuesday, February 13, 2024 8:39 AM
To: Paul Dohring; Eric Hall; Anna Chouteau; Billy Summers; Lester Hardy; Anil Comelo Cc: Cindy Tzafopoulos; Joseph Leach
Subject: [External] February 13, 2024 consent item 10.6 regarding municipal code restatement is section 12.08 Dear Mayor, City Council members, and City Manager
I request you pull from the consent calendar item 10.6 and discuss specifically the restatement of section 12.08.150. Per staff report, section 12.08.150 is amended and states that property owners are responsible for repair, maintenance, reconstruction, etc to the centerline of the street fronting their property. This concern was brought up by council member Summers at the last discussion and it was my understanding that staff was to adjust the amended section to remove any property owner responsibility for street maintenance, repair, or reconstruction. Further, I request removing property owner liability resulting from injury or damage due to disrepair of the street fronting a property owner’s property as suggested in other sections of municipal code 12.08.

As written and amended our City would not be responsible for any road maintenance as each property owner fronting any street would be responsible for street maintenance, repair, and reconstruction to the centerline. The owner on one side of the street and the owner on the other side of the street.

Additionally, section 12.08.02 A requires property owners to remove and clean away the weeds, grass, brush, and debris in the public right of way fronting their property to the centerline of the street. Again, this requires property owners to be responsible for streets and street maintenance. It is also concerning that this section may require property owners to limb up and shear all tree branches hanging over the right of way and street to their property line which would horribly change many of our tree‐lined streets and neighborhoods. The issue related to limbing up and shearing away branches needs to be clarified specifically in the code. This code section needs to be amended to remove property owner responsibility of the street.

Please pull from the consent calendar and through discussion arrive at amendments removing property owner responsibility for street maintenance and repair and clearly stating trees are not to be limbed up and sheared back to the property line.

With all respect,
Mark Smithers
St Helena, CA
707‐290‐4508
Mark Smithers | Senior Vice President, Finance
Trinchero Family Estates
Office: 1‐707‐302‐3027 | Ext. 2612 | Mobile: 1‐707‐290‐4508 [email protected]
Agenda Item #10.6.

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Agenda Item #10.6.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: February 13, 2024
FROM: Eric Janzen, Assistant Public Works Director
SUBJECT: Waiver of second reading and proposed adoption of an Ordinance amending Title 13 of the St. Helena Municipal Code to clarify ownership and maintenance responsibility of sewer laterals serving private property.

GOAL: Goal 2: Improve Infrastructure & Further Environmental Sustainability

RECOMMENDED
ACTION:

Waive second reading and adopt an Ordinance amending
Title 13 of the St. Helena Municipal Code to clarify
ownership and maintenance responsibility of sewer
laterals serving private property.

PREVIOUS COUNCIL
ACTION:

On January 23, 2024, the City Council introduced and
waived first reading of an Ordinance amending Title 13 of the St. Helena Municipal Code to clarify ownership and
maintenance responsibility of sewer laterals serving
private property.

STATEMENT OF THE
PURPOSE:

To adopt revisions to Title 13 of the St. Helena Municipal Code to clarify ownership and maintenance responsibility of sewer laterals serving private property.

FINANCIAL IMPACT: None
BACKGROUND:

On November 22, 2022, the Council received a report by the Director of Public Works discussing limitations in the St. Helena Municipal Code as it pertains to the ownership and maintenance responsibilities of sewer laterals serving private properties. It was the consensus of the City Council to approve Option 2: the City to maintain only the sewer main and fitting connecting a private lateral. Council directed Public Works and the City Attorney to develop revisions to Title 13 and present to Council for introduction and first reading.

On January 23, 2024, the City Council conducted and approved a first reading of an Ordinance amending Title 13 of the St. Helena Municipal Code to clarify ownership and maintenance responsibility of sewer laterals serving private property.

Agenda Item #10.7.

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DISCUSSION:

The Public Works Department wishes to revise SHMC Title 13 to clarify the definitions of private and public sewers and add consistent language for each across the Title. The proposed revisions would also support a proposed new Section 13.20.75 which would clearly describe a property owner's obligation to maintain, repair and replace the sewer lateral serving their property. The proposed new section 13.20.75 would also clearly define the physical limits of private sewer ownership and maintenance responsibilities as it pertains to public right-of-way. The City Attorney reviewed the draft version of this ordinance revision, provided language and comments that have been incorporated herein.

What would the proposed revisions accomplish if adopted?  Ownership of a sewer lateral serving private property will be clearly defined as "private" from the home or business up to the sewer main.  Maintenance, repair and eventual replacement of a private lateral will be the sole responsibility of the property owner regardless if the lateral traverses private or public land.
 The fitting connecting the lateral to the main and the sewer main itself would be clearly defined as "public" and maintenance of the fitting would be the responsibility of the City.

ENVIRONMENTAL REVIEW: Not a CEQA Project
DOCUMENTS ATTACHMENTS:

ORDINANCE.St. Helena_ Ordinance re Property Owner's Obligation to Maintain Sewer Laterals
EXISTING.SHMC Title 13.Sewer System and Wastewater Edits TrackChange Agenda Item #10.7.

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ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST.

HELENA AMENDING CHAPTER 13.20, 13.24 AND ADDING NEW
SECTION 13.20.075 TO TITLE 13 OF THE ST. HELENA

MUNICIPAL CODE REQUIRING PROPERTY OWNERS TO

MAINTAIN, REPLACE, AND REPAIR PRIVATE SEWER

LATERALS
WHEREAS, Title 13 (Public Services) of the City of St. Helena’s (City) Municipal Code contains regulations relating to sewer service systems; and WHEREAS, Chapter 13.20 of Title 13 of the City’s Municipal Code regulates the use of sewer, sewer service connections, and connecting private plumbing to public sewer mains; and
WHEREAS, Section 13.20.10 of the City’s Municipal Code provides definitions of private and public sewer infrastructure and that a property owner is financially responsible for the plumbing from their property to the public sewer main, but is inconsistent regarding a property owner’s obligation to maintain, repair, and replace private sewer laterals when constructed in the public right of way; and WHEREAS, Section 13.24.20 of the City’s Municipal Code provides additional definitions of “building sewer” and “community sewer” but is silent on how these definitions correlate with private and public sewer ownership and maintenance obligations; and
WHEREAS, the City Council desires to clarify that a property owner has an obligation to perform and pay for any maintenance, repair, and replacement of sewer laterals from the private residence, business or parcel up to but excluding the connecting fitting at the sewer main; and
WHEREAS, the City Council wishes to further clarify that a property owner must obtain any encroachment permits necessary to perform any maintenance, repair, or replacement of private water and sewer laterals;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ST. HELENA, CALIFORNIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals: This Ordinance incorporates, and by this reference makes a part hereof, the aforementioned recitals;
SECTION 2. Amendment to Municipal Code Section 13.20.010. Section 13.20.010 of the City’s Municipal Code is hereby amended to add the following definitions, which shall be added to Section 13.04.010 in alphabetical order:

Agenda Item #10.7.

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"Private sewage disposal system" means a septic tank with the effluent discharging into a subsurface disposal field or such other facilities as may be permitted under Napa County Code Chapters 13.20 through 13.56.
"Private sewer" or "Lateral" means a sewer, whether constructed on public or private property, serves a single private parcel, residence and/or business and conveys sewage to a public sewer, on-site sewage disposal system, private sewage disposal system, or other privately owned point of disposal.
"Public sewage disposal system" means a public sewer system owned, controlled and/or maintained by the City which collects sewage from public or private sewers and conveys it to the St. Helena wastewater treatment plant. “Public sewer” means a common sewer solely owned, and/or controlled by the City and is located in public right of way or is located within a public utilities easement to which the City is a party.
"Shared Private sewer" means a sewer, whether constructed on public or private property, serves multiple private parcels, residences and/or businesses, traverses more than one parcel prior to entering the public sewer or is located in an utilities easement to which the City is not a party.

SECTION 3 Amendment to Municipal Code Section 13.24.020. Section 13.24.020 of the City’s Municipal Code is hereby amended to add the following definitions, which shall be added to Section 13.20.020 in alphabetical order:
“Building sewer” means a sewer conveying wastewater from a private parcel, residence and/or business to a public sewer.
“Community sewer” means the same as “public sewer”.
“Public sewer” means a common sewer solely owned, and/or controlled by the City and is located in public right of way or is located within a public utilities easement to which the City is a party.

SECTION 4 New Municipal Code Section 13.20.075. Section 13.20.075 is hereby added to the City’s Municipal Code as follows:
“8.20.075 Property Owner’s Obligation to Maintain, Repair and Replace Private Sewer Laterals
A. Each property owner shall, at the property owner's expense, inspect, maintain in good working order, repair and replace, as necessary, the private sewer lateral, including any portions that may lie within the public right of way, so that it does not cause or contribute to any sewer overflow from either the private sewer lateral or the public sewer service system.

The private sewer lateral shall be free of displaced joints, open joints, root intrusion, substantial deterioration of the line, cracks, leaks, inflow, Agenda Item #10.7.

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-3-
infiltration of extraneous water, fats, oils and grease, sediment deposits or any other similar conditions, defects or obstructions likely to cause or contribute to blockage of the sewer lateral or the public sewer service system.

B. Private sewer laterals not part of public sewer service system. The private sewer laterals are the property of the property owner and are not part of the public sewer service system. Nothing in this chapter shall be interpreted as changing the private nature of the private sewer laterals or incorporating them into the public sewer service system.

C. Each property owner is responsible for obtaining encroachment permits necessary to maintain, repair, or replace any portion of their private sewer lateral within the public right of way.

D. Each property owner shall maintain, repair, and replace their private sewer lateral up to but excluding the connection fitting installed in the public sewer. Replacement of a private sewer constructed on public property shall comply with the standards set forth in the St. Helena standard sewer construction details and specifications.”
SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 7. Effective Date. This ordinance shall take effect and be in force thirty (30) days after its adoption, and a summary of this ordinance shall be published once with the names of the members of the Council voting for and against the ordinance in the St. Helena Star, a newspaper of general circulation published in the City of St. Helena.

Agenda Item #10.7.

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THE FOREGOING ORDINANCE was introduced at a regular meeting of the St. Helena City Council on the day of , 2024, and was adopted at a regular meeting of the St. Helena City Council on the day of , 2024, by the following vote:

Mayor Dohring: _____
Vice Mayor Hall: _____
Councilmember Chouteau: _____
Councilmember Hardy: _____
Councilmember Summers: _____
Agenda Item #10.7.

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PROPOSED REVISIONS TO SHMC CHAPTERS 13.20 – SEWER SERVICE SYSTEM AND 13.24 –

WASTEWATER DISCHARGE
NOTE: Sewer lateral ownership and maintenance responsibility is distributed among multiple definitions in Chapters 13.20 and 13.24. Terminology is inconsistent across the current chapters. The proposed revisions clarify the definitions of private and public sewers. This is needed to lend context and consistency to the proposed new section 13.20.75 which will formally define the limits of sewer ownership and maintenance responsibility.

Amend as follows SHMC Section 13.20.010 Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Car wash” means a business whose principal activity involves motor vehicle washing, including automatic and self-service washing.
“Garage and repair shop facilities” means any garage/repair facility that performs minor or major repairs on automobiles, recreational vehicles, motorcycles, and/or boats. These establishments may be combined with automotive dealers or gasoline service stations. Gasoline stations and gasoline stations combined with other activities, such as convenience stores, are considered general commercial unless there is on-site food preparation; then it is classified as mixed retail with food. “General commercial and office” means all businesses, offices, and similar users not otherwise included in another user category.
“Grocery” means all businesses whose principal activity involves retail sale of groceries and which have on-site preparation of fresh fruits and vegetables; fresh and prepared meats, fish, and/or poultry; baked goods; and similar items.
“Hotel/motel with food” means a full service facility having rooms, restaurant(s), and/or a bar serving food attached to the same water meter. Also included in this category are bed and breakfasts serving food prepared on site, and any visitor-serving structure, which contains facilities for cooking and eating.
“Hotel/motel without food” means all living units of a transient nature, including hotel and motel rental room units, which do not contain any kitchen facilities, and bed and breakfast units that only serve continental breakfasts where baked goods and similar items are prepared off site. Excluded from this category are full service hotels.
“Laundromat/laundry” means all self-service clothes washing establishments or an establishment which is primarily engaged in supplying residences and/or businesses with laundered shirts, pants, household linens, and similar items on an over-the-counter basis. This does not include commercial or industrial laundries. Dry cleaners without on-site cleaning facilities are general commercial. “Mixed retail with food” means all establishments where more than one retail business is attached to a water meter and the primary water use on that meter is from a business or businesses as defined in the restaurant category.

Agenda Item #10.7.

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“Nonresidential properties” means, for the purposes of the wastewater service system and wastewater rates, all properties in which the primary purpose is not residential. Hotels and motels are considered nonresidential.
"Private sewage disposal system" means a septic tank with the effluent discharging into a subsurface disposal field or such other facilities as may be permitted under Napa County Code Chapters 13.20 through 13.56.
"Private sewer" or "Lateral" means a sewer, whether constructed on public or private property, serves a single private parcel, residence and/or business and conveys sewage to a public sewer, on-site sewage disposal system, private sewage disposal system, or other privately owned point of disposal.
"Public sewage disposal system" means a public sewer system owned, controlled and/or maintained by the City which collects sewage from public or private sewers and conveys it to the St. Helena wastewater treatment plant.
“Public sewer” means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
“Public sewer” means a common sewer solely owned, and/or controlled by the City and is located in public right of way or is located within a public utilities easement to which the City is a party. “Religious place/community center” means establishments of religious organizations operated for worship, religious training or study. Other establishments maintained by religious organizations, such as educational institutions, hospitals, social services, and secondhand stores are classified according to their primary activity.
“Residential” refers to all living or dwelling units (as defined by the Uniform Building Code) of a permanent, rather than a transient nature, including but not limited to single-family residences, apartments, mobile homes, manufactured homes, duplexes, townhouses, apartment buildings and condominiums. A dwelling unit shall be defined as any structure containing sleeping, eating, cooking, and sanitation facilities.
“Restaurant” means all establishments whose principal activity involves on-premises preparation of meals and food, including fast food restaurants, coffee shops, cafes, juice bars, delicatessens, and bakeries. Excluded from this category are establishments serving food prepared off site (general commercial category), bars without on-site food preparation (general commercial category), restaurants on the same water meter as a hotel/motel (hotel/motel with restaurant category), and restaurants that are on the same water meter as other general commercial users (mixed retail with food category).
“Sanitation facilities and sewage facilities” means all devices and structures for collecting, pumping, treating and disposing of sewage.
“School” means an educational facility in which instruction takes place, including public, private and religious schools and colleges.
“Sewage” means a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.

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“Sewer” means a pipe or conduit for carrying sewage. (Ord. 16-13 § 5 (Att. 6 (part)): Ord. 00-6 § 1:
prior code § 12.1)
"Shared Private sewer" means a sewer, whether constructed on public or private property, serves multiple private parcels, residences and/or businesses, traverses more than one parcel prior to entering the public sewer or is located in an utilities easement to which the City is not a party.

Amend as follows SHMC Section 13.24.020 Definitions
Unless otherwise defined herein, terms shall be as adopted in the latest edition of “Standard Methods for the Examination of Water and Wastewater”, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

Waste constituents and characteristics shall be measured by Standard Methods and unless expressly stated, or as established by federal or state regulatory agencies. “Agency” means the city of St. Helena.
“Beneficial uses” means uses of the waters of the state that may be protected against quality degradation include, but are not necessarily limited to, domestic, municipal agricultural and industrial supply, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible as specified by federal or state law.
“Building sewer” means a sewer conveying wastewater from the premises of a user to a community sewer.
“Building sewer” means a sewer conveying wastewater from a private parcel, residence and/or business to a public sewer.
“Community sewer” means a sewer owned and operated by the agency or other public agency tributary to a treatment facility operated by the agency. “Community sewer” means the same as “public sewer”.
“Compatible pollutant” means biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the Agency’s National Pollutant Discharge Elimination System (NPDES) permit if the publicly owned treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. “Contamination” means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” shall include any equivalent effect resulting from the disposal of waste water, whether or not waters of the state are affected.
“Critical users” means a user who is required to obtain a permit, as defined in Section 13.24.050(B).

Agenda Item #10.7.

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“Federal Act” means the Federal Water Pollution Control Act, PL 92-500, and any amendments thereto; as well as any guidelines, limitations, and standards promulgated by the Environmental Protection Agency pursuant to the Act.
“Holding tank waste” means any waste from holding tanks such campers, trailers, septic tanks, and vacuum pump tank trucks.
“Incompatible pollutant” means any pollutant which is not a compatible pollutant as defined in this section. The pre-treatment standard for incompatible pollutants introduced into a publicly owned treatment works by a major contributing industry not subject to Section 307(c) of the Federal Act shall be for sources within the corresponding industrial or commercial category, that established by a promulgated effluent limitations guideline defining best practicable control technology currently available pursuant to Sections 301(b) and 304(b) of the Federal Act; provided, that if the publicly owned treatment works which receives the pollutants is committed in its NPDES permit, to remove a specified percentage of any incompatible pollutant, the pretreatment standard applicable to users of such treatment works shall be correspondingly reduced for that pollutant; and provided further that even when the effluent limitations guideline for each industry category is promulgated, a separate provision will be proposed concerning the application of such guideline to pretreatment. “Manager” means the city engineer or designated representative. “Mass emission rate” means the weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the “mass emission rate” means pounds per day of a particular constituent or combination of constituents.
“Person” means any individual, partnership, firm, association, corporation, or public agency including the state of California and the United States of America, or any political subdivision thereof. “Pollution” means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects such waters for beneficial use or facilities which serve such beneficial uses.

Pollution may include contamination.
“Premises” means a parcel of real estate including any improvements thereon which is determined by the agency to be a single user for purposes of receiving, using, and paying for service. “Public sewer” means a common sewer solely owned, and/or controlled by the City and is located in public right of way or is located within a public utilities easement to which the City is a party. “Unpolluted water” means water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to the agency having jurisdiction thereof for disposal to storm or natural drainages or directly to surface waters. “User” means any person that discharges, causes or permits the discharge of wastewater into a community sewer.
“User classification” means a classification of user based on the 1972 edition of the Standard Industrial Classification (SIC) Manual prepared by the Executive Office of Management and Budget.

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“Waste” means includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes of, disposal. “Wastewater” means waste and water, whether treated or untreated, discharged into or permitted to enter a community sewer.
“Wastewater constituents and characteristics” means the individual chemical, physical, bacteriological and radiological parameters, including volume and flowrate and such other parameters that serve to define, classify or measure the contents quality, quantity and strength of wastewater.
“Waters of the state” means any water, surface or underground, including saline waters within the boundaries of the state. (Prior code § 12.9.02)
SHMC Section 13.20.075 Property Owner’s Obligation to Maintain, Repair and Replace Private Sewer Laterals
A. Each property owner shall, at the property owner's expense, inspect, maintain in good working order, repair and replace, as necessary, the private sewer lateral, including any portions that may lie within the public right of way, so that it does not cause or contribute to any sewer overflow from either
the private sewer lateral or the public sewer service system. The private sewer lateral shall be free of displaced joints, open joints, root intrusion, substantial deterioration of the line, cracks, leaks, inflow, infiltration of extraneous water, fats, oils and grease, sediment deposits or any other similar conditions, defects or obstructions likely to cause or contribute to blockage of the sewer lateral or the public sewer service system.

B. Private sewer laterals not part of public sewer service system. The private sewer laterals are the property of the property owner and are not part of the public sewer service system.

Nothing in this chapter shall be interpreted as changing the private nature of the private sewer laterals or incorporating them into the public sewer service system.

C. Each property owner is responsible for obtaining encroachment permits necessary to maintain, repair, or replace any portion of their private sewer lateral within the public right of way.

Agenda Item #10.7.

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Agenda Item #10.7.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: February 13, 2024
FROM: Lesley Milton, Asst. to the City Manager
SUBJECT: Consideration and proposed adoption of a Resolution authorizing a Professional Services Agreement with
Peterson Mechanical for Heating, Ventilation, and Air
Conditioning Maintenance Services for a Not-To-Exceed
Contract Amount of $105,000.00 for a three-year contract term.

GOAL: Goal 7: Enhance Organizational Effectiveness

RECOMMENDED
ACTION:

Approve the Resolution.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
PURPOSE:

Authorization to execute a three-year agreement for
Heating, Ventilation, and Air Conditioning Services at City facilities.

FINANCIAL IMPACT: The financial impact of the annual contract amount for $35,000 per year is already included in the FY 24 and FY 25 budgets.

BACKGROUND:

The City maintains multiple buildings throughout the City that house its operations. Ten City facilities have a Heating Ventilation and Air Conditioning system (HVAC) each of which require routine maintenance services to keep it operational. Good preventative maintenance of the HVAC systems requires bi-annual inspection and maintenance as well as annual cooling tower tear down and cleaning, depending on the unit. In order to keep these systems operating continuously and efficiently, services need to be routine and it is in the best interest of the City to have a contracted HVAC service provider to provide these services on a scheduled basis and be available for on-call services when necessary.

DISCUSSION:

A Request for Proposals was released on November 17, 2023, for HVAC preventative maintenance and repair services. Bids were due on December 15, 2023, but after issuing two addenda, the final due date was extended to December 20, 2023. The services requested consist of routine, bi-annual preventative maintenance, extraordinary maintenance, and emergency repairs of HVAC systems in accordance with the Service Locations and Equipment List included in the bid. The bid indicated qualified contractors would be required to provide appropriately trained professional Agenda Item #10.8.

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HVAC personnel as well as requisite equipment in order to perform HVAC preventative maintenance and repair services of the highest quality.

Bid responses were due on December 20, 2023, and seven proposals were received.

All seven were verified as responsive and then rated by the HVAC Maintenance and Repair RFP selection team. The top vendor was selected both based on quality of proposal, consultant identification and team, references and project examples, as well as cost.

Bidding Firms
ACCO Engineered Systems Inc.

Bell Products, Inc.

Peterson Mechanical
Matrix HG Inc.

Emcor Service Mesa Energy Systems
United Mechanical Inc.

Arial HVAC
The City’s Purchasing Policy requires contracts for maintenance services to be awarded to the lowest priced responsible and suitable bidder taking into consideration quality, service, fitness or capacity to the particular requirements of the City, and price. Taking into consideration quality, services, fitness or capacity to the particular requirements of the City, and price, the proposal provided by Peterson Mechanical has been verified as the lowest responsive and responsible bid.

Staff has contacted Peterson Mechanical and recommends authorization to enter into a Professional Services Agreement for a 3-year period, with an annual contract value of $35,000 per year totaling a not-to-exceed value of $105,000.00 with two possible oneyear extensions.

ENVIRONMENTAL REVIEW: Not a CEQA Project.

DOCUMENTS ATTACHMENTS:

Resolution HVAC Peterson Mechancial
20240213 PSA Peterson Mechancial HVAC
Bid Response HVAC
RFP HVAC Repair & Maintenance
Agenda Item #10.8.

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CITY OF ST. HELENA
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST.

HELENA APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH PETERSON MECHANCIAL FOR HEATING,

VENTILATION AND AIR CONDITIONING (HVAC)
MAINTENANCE SERVICES FOR A THREE (3) YEAR

CONTRACT PERIOD FOR A TOTAL AMOUNT NOT-TO-EXCEED
$105,000 WITH UP TO TWO ADDITIONAL 1-YEAR

EXTENSIONS AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT

RECITALS
A. WHEREAS, The City maintains multiple buildings throughout the city that house it's operations. Ten City facilities have a Heating Ventilation and Air Conditioning system (HVAC) each of which require routine maintenance services to keep it operational.

B. WHEREAS, Good preventative maintenance of HVAC systems require biannual inspection and maintenance as well as annual cooling tower tear down and cleaning, depending on the unit.

C. WHEREAS, In order to keep these systems operating continuously and efficiently, services need to be routine and it's in the best interest of the city to have a contracted HVAC service provider to provide these services on a scheduled basis, as well as be available for on-call services when necessary.

D. WHEREAS, A request for Proposals was released on November 17, 2023, for on-call mechanical maintenance services, and bids were received on December 20, 2023.

E. WHEREAS, seven proposal were received and evaluated based on qualify of application, consultant identification and team, references and project examples, as well as cost and all were deemed responsive.

F. WHEREAS, The City’s Purchasing Policy requires contracts for maintenance services to be awarded to the lowest priced responsible and suitable bidder taking into consideration quality, service, fitness or capacity to the particular requirements of the City, and price and in doing Agenda Item #10.8.

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so, the proposal provided by Peterson Mechanical has been verified as the lowest responsive and responsible.

RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:

1. Authorizes the execution of a Professional Service Agreement with Peterson Mechanical for mechanical maintenance services for an initial three years for a total not-to-exceed amount of $105,000.00 with two optional one-year extensions.

2. Authorizes the City Manager to execute the agreement.

Approved at a Regular Meeting of the St. Helena City Council on February 13, 2024, by the following vote:

Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.8.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024

AGREEMENT FOR PROFESSIONAL SERVICES
Heating Ventilation and Air Conditioning (HVAC) Maintenance and Repair Services THIS AGREEMENT, made and entered into on February 13, 2024 by and between the City of St. Helena, located in the County of Napa, State of California (City), and Peterson Mechanical (Consultant).

RECITALS:

A. The City maintains multiple buildings throughout the city that house it's operations. Ten City facilities have a Heating Ventilation and Air Conditioning system (HVAC) each of which require routine maintenance services to keep it operational.

B. Good preventative maintenance of HVAC systems require bi-annual inspection and maintenance as well as annual cooling tower tear down and cleaning, depending on the unit.

C. In order to keep these systems operating continuously and efficiently, services need to be routine and it's in the best interest of the city to have a contracted HVAC service provider to provide these services on a scheduled basis, as well as be available for oncall services when necessary.

D. A request for Proposals was released on November 17, 2023 for on-call mechanical maintenance services, and bids were received on December 20, 2023.

E. Whereas, seven proposal were received and evaluated based on qualify of application, consultant identification and team, references and project examples, as well as cost and all were deemed responsive.

F. The City’s Purchasing Policy requires contracts for maintenance services to be awarded to the lowest priced responsible and suitable bidder taking into consideration quality, service, fitness or capacity to the particular requirements of the City, and price and in doing so, the proposal provided by Peterson Mechanical has been verified as the lowest responsive and responsible.

NOW, THEREFORE, in consideration of the mutual premises, covenants, and conditions herein contained, the parties agree as follows:

SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Scope of Services” that was included in the Request for Proposals and made part of this Agreement. Within the first month of this contract, the Public Works department and the Consultant will draft and agree upon a preventative maintenance schedule for equipment listed in Exhibit B “Service Location and Equipment List” and charged according to Fee Schedule in section 4. All other services will be provided on an on-call basis, and are conditioned upon response times as listed in Section 3.

SECTION 2 – ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Services” (the “Services”), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.

Agenda Item #10.8.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 SECTION 3 – TIME FOR COMPLETION
The term of this agreement is for three years, with the option of two one (1) year extensions that can be issued upon written agreement of both parties within 30 days of contract expiration.

Work will generally be performed Citywide between the hours of 7:00 AM and 5:00 PM, Monday through Friday. During emergencies, work may be required at other than normal business hours. The Contractor must receive the approval of the Director of Public Works, or authorized representative, prior to commencing any work in all cases.

Contractor is required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than (2) hours. Requests deemed to be “emergencies” shall be responded to immediately with all possible haste, arriving at the service location within four (4) hours of first notification.

Routine requests shall be responded to within eight (8) hours of first notification unless the Director of Public Works or designee thereof agrees upon other arrangements.

SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified for each service described in Section 1, at the rates listed in the below Rate Schedule. Total compensation shall not exceed $105,000.00 unless additional compensation is approved in accordance with Section 2.

Rate Schedule
In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment, and supplies for HVAC preventative maintenance and repair services in accordance with the Contract Documents to the satisfaction and under the direction of the Director of Public Works, at the following rates:

Item
No.

Preventative Maintenance At City Facilities Hourly Rate or Flat Fee

1. Routine Inspection of all systems to keep system in
efficient fully automatic operation (semi-annual)
$16,667.50 Annually

2. Annual Cooling Tower Tear Down and Cleaning for all
systems
$1,860.00 Annually

3. Hourly Rate for Repairs $190.00

4. Hourly Rate for Repairs after normal business hours $230.00

6. Trip charge rate or fee (please specify, if none say N/A)
NA

7. Emergency Call out additional rate or fee (please
specify if none say N/A))
NA

8. Filters $800.00 Each
Agenda Item #10.8.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 * Any required/additional parts and services need to be authorized in advance by the Public Works designee prior to ordering.

B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, and the amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice. If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses.

Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.

C. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

SECTION 5 – STANDARD OF PERFORMANCE
A. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons in the same or similar geographical area engaged in providing Services similar to those required of Consultant under this Agreement.

B. In order to induce City to enter into this Agreement, Consultant represents that it is duly organized, existing and in good standing under applicable state law; Consultant is licensed to perform all aspects of the Services; Consultant will employ only persons and Subconsultants with all required licenses and certifications; that Consultant is duly qualified to conduct business in the State; that Consultant has duly authorized the execution, delivery and performance of this Agreement and the Services to be performed herein; and that the Agreement does not violate or create a default under any instrument, agreement, order or decree binding on Consultant.

SECTION 6 – INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Consultant’s work by Agenda Item #10.8.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.

SECTION 7 – INSURANCE REQUIRED
Consultant 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 Consultant, its agents, representatives, or employees, as indicated:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

B. Minimum Limits of Insurance. Consultant shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, as applicable. If Commercial General Liability Insurance or other form with a General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

C. Professional Liability Insurance. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, environmental engineer or other professional engineer, or land surveyor (“design professional”), Consultant shall maintain at least $2,000,000 of professional liability insurance. When Consultant is not a design professional, Consultant shall maintain at least $1,000,000 of professional liability insurance combined single limit for each occurrence, insuring against professional errors and omissions in the Services performed by Consultant under this Agreement, including, without limitation, claims for negligence, misrepresentation, violation of good faith and fair dealing, and inaccurate advise arising out of, resulting from, or in connection with Services performed by Consultant under this Agreement.

D. Excess Limits. If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

E. Primary Coverage. For any claims related to this contract the Consultants insurance coverage shall be primary insurance as respects to City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Consultants insurance and shall not contribute with it.

Agenda Item #10.8.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions of $25,000 or greater must be declared to and approved by the City.

G. Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its agent, officers, officials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of work or operations performed by the Consultant or Consultant’s subconsultants; or automobile owned, leased, hired or borrowed by the Consultant.

2. For any claims related to Consultant’s conduct while performing the work of this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its agents, officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code.

H. Waiver of Subrogation. Consultant’s commercial general liability, automobile liability, workers’ compensation, and employer’s liability policies shall be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its agents, officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.

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

J. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on forms that conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

SECTION 8 – INDEMNIFICATION
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including legal fees and expert witness costs) (collectively, “Liabilities”), incurred by reason of any negligent or otherwise wrongful act or omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, Agenda Item #10.8.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, arising out of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.

B. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, professional engineer, or land surveyor (i.e., a “design professional,” pursuant to Civil Code § 2782.8(c)), the provisions of this section regarding Consultant’s duty to defend and indemnify apply only to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.

C. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify Indemnitees as provided above, Consultant, upon notice from City, shall defend Indemnitees at Consultant’s expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to Indemnification in order to be so indemnified. The insurance required to be maintained by Consultant shall ensure Consultant’s obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.

D. The provisions of this section do not apply to claims to the extent occurring as a result of the City’s sole negligence, active negligence, or willful acts or misconduct.

E. Duty to Cooperate. Each party shall notify the other party immediately in writing of any claim or damage related to activities or Services performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of all Liabilities arising out of the activities or Services under this Agreement.

F. In the event that Consultant executes any subconsulting agreements in connection with the Services performed under this Agreement, Consultant shall place in all such subconsulting agreements, and cause its subconsultants to agree to, the indemnity and insurance obligations in favor of City and other Indemnitees, as provided herein, in the exact form and substance of those contained in this Agreement.

SECTION 9 – INDEPENDENT CONTRACTOR STATUS
A. Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or to incur an obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.

B. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City.

Agenda Item #10.8.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 C. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.

B. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related Services for other governmental agencies and private parties. Consultant is aware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.

C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.

SECTION 11 – OWNERSHIP OF DOCUMENTS
A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.

SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

B. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.

Response to a subpoena or court order shall not be considered “voluntary” provided consultant gives City notice of such court order or subpoena.

C. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.

D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.

SECTION 13 – SUSPENSION OF WORK
City may, at any time, by ten (10) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.

SECTION 14 – COMPLIANCE WITH LAW
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

Agenda Item #10.8.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 SECTION 15 – COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Consultant agrees as follows:

A. Equal Employment Opportunity. In connection with the execution of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, ancestry, age, sexual orientation, gender, gender identity and gender expression as protected categories specifically and expressively in that category, physical handicap, medical condition, marital status, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of l964. Consultant will comply with all federal regulations relative to nondiscrimination to federally-assisted programs.

C. Solicitations for Subcontractors including Procurement of Materials and Equipment.

In all solicitations, either by competitive bidding or negotiations, made by Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by Consultant of Consultant’s obligations under this Agreement and the regulations relative to nondiscrimination.

SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE REQUIREMENTS A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

B. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

Agenda Item #10.8.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

SECTION 17 – AUDIT AND INSPECTION OF RECORDS
A. Records of Consultant’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when required for a period of up to 3 years from the date of Consultant’s final invoice.

B. Consultant shall maintain all documents and records prepared by or furnished to Consultant during the course of performing the Services for at least three (3) years following completion of the Services. Such records include, but are not limited to, correspondence, internal memoranda, technical reports and investigations, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement.

C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years after City makes the final or last payment or within three (3) years after any pending issues between City and Consultant with respect to this Agreement are closed, whichever is later.

SECTION 18 – LIMITATION OF LIABILITY
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identified as the “City” under this Contract. Under no circumstance shall any other City-entity be liable to Consultant under any theory, whether in contract, tort, or otherwise, and Consultant waives unconditionally any such claims.

Consultant hereby waives and release other City-entities from any liability under this Agreement.

B. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed hereunder.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 Exhibit A, “Scope of Services”, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.

SECTION 20 – NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, sent by facsimile, email, or first class mail, addressed as follows:

To City: City Manager
1088 College Avenue
St. Helena, California 94574
To Consultant: Scott Peterson
Peterson Mechanical
21819 8th Street
Sonoma, CA 95476
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, email, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.

SECTION 21 – TERMINATION
A. City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.

B. If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.

C. Upon termination of this Agreement by either Consultant or City, all property belonging to City which is in Consultant’s possession shall be delivered to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.

SECTION 22 – ATTORNEYS’ FEES
If litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys’ fees, costs and expenses, in addition to any other relief to which it may be entitled. In addition, any legal fees, costs and expenses incurred to enforce the provisions of this Agreement shall be reimbursed to the prevailing party.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

SECTION 24 – SUCCESSORS AND ASSIGNS
This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties. However, this Agreement shall not be assigned by Consultant without written consent of the City.

SECTION 25 – CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff assigned to perform the Services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff assigned to perform the Services required under this Agreement, prior to any such performance.

SECTION 26 – DEFAULT
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.

SECTION 27 – WAIVER
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 28 – LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Napa. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in San Francisco.

SECTION 29 – SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 of their subconsultant agreements. Nothing contained in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement.

SECTION 31 – STATUTES OF LIMITATION
As between the parties to this Agreement, any applicable statute of limitations for action arising out of, pertaining to, or relating to any act or failure to act in connection with this Agreement shall commence to run on the date of City’s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent defects and/or deficiencies, for which the applicable statute of limitation shall begin to run upon discovery of the defect and/or deficiency and its cause.

SECTION 32 – SPECIAL PROVISIONS
This Agreement is subject to the following special provisions: none.

IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions above stated, the day and year first above written.

Consultant: City:

By: ________________________________ By: ________________________ Name: Scott Peterson Name: Anil Comelo
Title: Vice President Title: City Manager
Approved as to Form:

By: _________________________________
Name: Ethan Walsh
Title: City Attorney
Agenda Item #10.8.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 EXHIBIT A – SCOPE OF WORK
Contractor will perform ongoing mobile maintenance and repair services of city equipment and facilities. Certain portions of the Services will be regularly-scheduled preventive maintenance (“PM”) services and certain portions of the Services will be performed on an On-Call basis (“OnCall”), meaning that City of St. Helena may request unscheduled maintenance or repair/replacement services to remedy an unexpected equipment issue or emergency. For any PM Services performed under this contract, Contractor and city will negotiate a PM schedule as described in these Technical Specifications and will be expected to perform the PM according to that schedule. Contractor shall provide firmed fixed rates for PM tasks on Cost Proposal. Any On-Call type Services performed under this Contract will be authorized by City of St. Helena via the issuance of a written work order.

A. The Contractor must complete and timely perform all of the services under the Contract and provide for all manner and type of tools, equipment, supplies, and materials required to successfully perform the services under the Contract B. Work will generally be performed Citywide between the hours of 7:00 AM and 5:00 PM, Monday through Friday. During emergencies, work may be required at other than normal business hours. The Contractor must receive the approval of the Director of Public Works, or authorized representative, prior to commencing any work in all cases.

C. Contractor shall maintain an adequate crew of employees to perform the service required.

D. Unit prices quoted shall include all required safety equipment owned and available for work.

E. Unit prices for after-hours or emergency work shall be for actual time spent on the job site. No travel time will be paid.

F. Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor’s actions shall be the responsibility of the Contractor.

G. All employees of Contractor shall wear a uniform or shirt that clearly identifies the company
H. Contractor must be able to provide a list of employees’ names, dates worked and hour worked on each date, for each project or job within the City of St. Helena, if requested.

I. Contractor shall possess a valid/current C-10 Contractor’s license. Contractor and all employees shall possess a valid/current California Driver License, including all insurances, as required by the City
J. Contractor shall use and furnish all vehicles and equipment necessary for the satisfactory performance of the work set forth in this RFP/contract. All vehicles and equipment shall display the name and/or logo of Contractor’s company. The name and logo shall be large enough to be easily legible from a distance of fifty (50) feet, during the course of their work. Contractor shall keep all vehicles and equipment in a neat and clean appearance and maintained in excellent mechanical condition K. Contractor is required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than (2) hours.

L. Contractor shall comply with all City regulations regarding National Pollutant Discharge Elimination System (NPDES) Requirements and the City’s Best Management Practices (BMP’s). Contractor shall not discharge anything to the storm drain, creek or adjacent water ways. Contractor shall implement any and all BMP’s as may be necessary.

M. The Contractor should expect service requests outside of the Contractor’s normal working hours. These service requests may be given by telephone, email, written Agenda Item #10.8.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 correspondence, or other means for reporting system-related problems, damages, and emergencies as mutually agreed upon.

A copy of such record shall be provided within two (2) calendar days upon request of the Director of Public Works or designee thereof. The form shall include, at a minimum, the date, time, description of device including all model, part or serial numbers, narrative of deficiencies encountered, and a detail of any and all corrective action(s) taken.

O. Response Criteria for Emergency Routine Services
a. The Contractor must ascertain whether service requests are of an “emergency” nature requiring an immediate response or whether the request is general in nature requiring routine response. Requests deemed to be “emergencies” shall be responded to immediately with all possible haste, arriving at the service location within four (4) hours of first notification. Routine requests shall be responded to within eight (8) hours of first notification unless the Director of Public Works or designee thereof agrees upon other arrangements.

City Responsibilities. The City will:

A. Provide guidelines for preventative maintenance and repair services for associated equipment.

B. Conduct regular periodic review to ensure the Contractor’s adherence to the Contract and the specifications and continued ability to responsibly perform the services.

C. Prepare a Contract Discrepancy Report to identify the Contractor’s specific failures to meet Contract requirements.

D. If needed, provide escort, access card, or keys to the Contractor.

Agenda Item #10.8.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 Exhibit A SCOPE OF WORK
The City of St. Helena requests bid proposals for qualified HVAC preventative maintenance and repair services to be performed at various City facilities in accordance with the terms and conditions set forth in this RFB. The service consists of routine preventative maintenance, extraordinary maintenance, and emergency repairs of HVAC systems for locations that are the responsibility of the City and in accordance with the attached Service Locations and Equipment List.

Maintenance and repairs shall be extended to include all future service installations at the rates set forth in the Contract and the Contractor may be required to assist in the final inspection of such future service installations. The Contractor is to furnish all tools, equipment, apparatus, facilities, labor, services, and materials, and perform all services necessary to maintain the HVAC systems covered by the Contract.

Routine Preventative Maintenance
The Contractor shall provide a program of routine preventative maintenance designed to eliminate or reduce the incidents of malfunction and extend the useful life of the equipment. The program, the cost of which is specified in the Contract unit price for HVAC systems, shall include, but not be limited to, all equipment, labor, and materials required to complete all necessary routine preventative maintenance and no additional compensation shall be given to complete those tasks
Desired Service Level
Inspect and service the Unit(s) to keep the System(s) in efficient fully automatic operation. Systems may include the following:
• Through the Wall Heat Pumps
• Lochinvar Boiler
• Cooling Tower w/pumps
• Heat pumps
• Bosch Heat Pump
• Split Systems
• Ductless Split System
• Radiant Heaters
• Electric Heaters
• Exhaust Fans
• Make up air Unit
• Water Heaters
• Bard Units
• Water source Heat Pump
• Hanging Heater
• Furnace
Full Service would Include, but is not limited to:
• Lubricate motors and bearings.
• Check equipment for rust, wear, etc.
• Calibrate and program thermostat.

Agenda Item #10.8.

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Page 17 of 20 ends

HVAC Maintenance and Repair Services – Peterson Mechanical 2024 • Check defrost controls.
• Check heat strips.
• Check reversing valve.
• Measure voltage readings.
• Measure temperature split.
• Clean condensate pan.
• Check electrical and start components.
• Check crankcase heater.
• Check refrigerant oil levels.
• Check and adjust refrigerant pressure.
• Clean condenser coil as required.
• Clean evaporator coil as required.
• Inspect combustion air vents and flue pipe.
• Measure amperage draws.
• Adjust and clean pilot and burners.
• Inspect and clean heat exchanger.
• Check safety controls.
• Check electronic igniter.
• Check thermocouple.
• Adjust or replace belts and drives.
• Clean or replace filters.

Permits, Licenses and Inspections
The Contractor shall have at least a Class “C 20” license at the time of awarding of the Contract. The Contractor and all its subcontractors shall obtain and pay for a City business license from the City prior to the commencement of services. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Contract. All services performed, or equipment or parts supplied by the Contractor, shall be subject to inspections and approval of the Director of Public Works, or designee thereof.

Other Provisions
A. The Contractor must complete and timely perform all of the services under the Contract and provide for all manner and type of tools, equipment, supplies, and materials required to successfully perform the services under the Contract B. Work will generally be performed Citywide between the hours of 7:00 AM and 5:00 PM, Monday through Friday. During emergencies, work may be required at other than normal business hours. The Contractor must receive the approval of the Director of Public Works, or authorized representative, prior to commencing any work in all cases.

C. Contractor shall maintain an adequate crew of employees to perform the service required.

D. Unit prices quoted shall include all required safety equipment owned and available for work.

E. Unit prices for after-hours or emergency work shall be for actual time spent on the job site. No travel time will be paid.

Agenda Item #10.8.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 G. All employees of Contractor shall wear a uniform or shirt that clearly identifies the company
H. Contractor must be able to provide a list of employees’ names, dates worked and hour worked on each date, for each project or job within the City of St.

Helena, if requested.

I. Contractor shall use and furnish all vehicles and equipment necessary for the satisfactory performance of the work set forth in this RFP/contract. All vehicles and equipment shall display the name and/or logo of Contractor’s company.

The name and logo shall be large enough to be easily legible from a distance of fifty (50) feet, during the course of their work. Contractor shall keep all vehicles and equipment in a neat and clean appearance and maintained in excellent mechanical condition
J. Contractor is required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than (2) hours.

K. Contractor shall comply with all City regulations regarding National Pollutant Discharge Elimination System (NPDES) Requirements and the City’s Best Management Practices (BMP’s). Contractor shall not discharge anything to the storm drain, creek or adjacent water ways. Contractor shall implement any and all BMP’s as may be necessary.

L. The Contractor should expect service requests outside of the Contractor’s normal working hours. These service requests may be given by telephone, email, written correspondence, or other means for reporting system-related problems, damages, and emergencies as mutually agreed upon.

M. Maintenance Records
a. The Contractor shall keep a current, permanent operational record of all services performed at a service location, including, but not limited to, routine maintenance, service calls and extraordinary maintenance, for each and every piece of equipment that the Contractor is required to maintain by this Contract. These records shall be kept at each maintained location on a form approved by the City. A copy of such record shall be provided within two (2) calendar days upon request of the Director of Public Works or designee thereof. The form shall include, at a minimum, the date, time, description of device including all model, part or serial numbers, narrative of deficiencies encountered, and a detail of any and all corrective action(s) taken.

N. Response Criteria for Emergency Routine Services
a. The Contractor must ascertain whether service requests are of an “emergency” nature requiring an immediate response or whether the request is general in nature requiring routine response. Requests deemed to be “emergencies” shall be responded to immediately with all possible haste, arriving at the service location within four (4) hours of first notification. Routine requests shall be responded to within eight (8) hours of first notification unless the Director of Public Works or designee thereof agrees upon other arrangements.

Agenda Item #10.8.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 c. Prepare a Contract Discrepancy Report to identify the Contractor’s specific failures to meet Contract requirements.
d. If needed, provide escort, access card, or keys to the Contractor.

P. The City will only pay for hours and work performed. The City may, in accordance with the Specifications, order more or less work as necessary at the City’s sole discretion, as increased or decreased by the hourly rates noted and payment will be made for the amount of work or materials actually provided as determined by the City and accepted at the hourly rates noted in the bid.

Agenda Item #10.8.

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HVAC Maintenance and Repair Services – Peterson Mechanical 2024 Exhibit B – Service Locations and Equipment List
* additional equipment could be added during the course of the contract according to the needs of the city
Location Address
Corp Yard 1405 Charter Oak Ave
Library 1492 Library Lane
Waste Water Treatment Plant
Fire Department 1500 Main Street,
Carnegie 1360 Oak Avenue
Water Treatment Plant
Head Start Crane Park
RLS museum 1472 Library Ln
Scout Hall 1515 Railroad Ave
Recreation Redwood Room 1574 Railroad Avenue
Systems may include the following:
• Through the Wall Heat Pumps
• Lochinvar Boiler
• Cooling Tower w/pumps
• Heat pumps
• Bosch Heat Pump
• Split Systems
• Ductless Split System
• Radiant Heaters
• Electric Heaters
• Exhaust Fans
• Make up air Unit
• Water Heaters
• Bard Units
• Water source Heat Pump
• Hanging Heater
• Furnace
Agenda Item #10.8.

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City of St. Helena
Public Works Department
1088 College Ave. | St. Helena, CA 94574
(707) 967-2792 | cityofsthelena.org
Bid Results for Posted Request for Proposals or Bids
Project Title: HeaƟng VenƟlaƟon and Air CondiƟoning (HVAC) Repair and Maintenance Services Proposal Due Date: December 15, 2023
Proposer
Aggregate Rating
(100 points)
Peterson Mechanical 90
Matrix HG Inc. 86
ACCO Engineered Systems Inc. 85.5
Bell Products, Inc. 84
United Mechanical Inc. 78
Emcor Service Mesa Energy
Systems 73.5
Arial HVAC 48
Agenda Item #10.8.

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REQUEST FOR PROPOSALS:

REQUEST FOR PROPOSALS FOR SERVICES

HEATING, VENTILATION, AND AIR CONDITIONING (HVAC)

REPAIR AND MAINTENANCE SERVICES
DATE ISSUED: Friday, November 17, 2023
DATE DUE: Friday, December 15, 2023, 5PM
CONTACT: Lesley Milton, Assistant to the City Manager
[email protected]
(707) 312-1208
The City is only accepting proposals electronically via email to [email protected] Only email’s sent to [email protected] will be considered as responsive to the request for proposals. Emails sent to other City emails may be considered as non-responsive and may not be reviewed.

CITY OF ST. HELENA
Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 2

TABLE OF CONTENTS
I. INTRODUCTION..................................................................................................................................... 3 II. GENERAL INFORMATION ..................................................................................................................... 3 III. QUALIFICATIONS .................................................................................................................................. 3 IV. SCOPE OF WORK ................................................................................................................................. 4 V. SCHEDULE ............................................................................................................................................. 7 VI. PROPOSAL SUBMISSION REQUIREMENTS AND FORMAT ................................................................... 7 PART 1 | General Information – Form 1................................................................................................ 8 PART 2 | PROJECT APPROACH AND WORK PLAN – No more than 1 page.....................................8 PART 3 | CONSULTANT IDENTIFICATION AND TEAM – Form 2............................................................. 8 PART 4 | RELATED PROJECT EXAMPLES AND REFERENCES – Form 3..................................................9 PART 5 | COST PROPOSAL/HOURLY RATES – Form 4 ........................................................................... 9 VII. SELECTION PROCESS............................................................................................................................ 9 VIII. PROPOSAL TERMS AND CONDITIONS ................................................................................................ 9

1. EXAMINATION OF PROPOSAL MATERIALS............................................................................. 9

2. ADDENDA INTERPRETATIONS ................................................................................................ 10

3. DESIGNATED CONTACT ........................................................................................................ 10

4. PUBLIC RECORDS................................................................................................................... 10

5. PROPOSAL COSTS.................................................................................................................. 10

6. RESERVATION OF RIGHTS ...................................................................................................... 10

7. PRODUCT OWNERSHIP .......................................................................................................... 10

8. PROFESSIONAL SERVICES AGREEMENT................................................................................ 10

9. CAUSES FOR DISQUALIFICATION.......................................................................................... 10

EXHIBITS
A. General Information (Form 1)
B. Consultant Identification and Team (Form 2)
C. Related Project Examples and References (Form 3)
D. Proposal (Form 4)
E. Exceptions to the Contract (Form 5)
F. Service Locations and Equipment List.

G. SAMPLE CITY OF ST. HELENA PROFESSIONAL SERVICES CONTRACT Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 3
I. INTRODUCTION
The City of St. Helena, California is located in the center of the world-famous wine growing Napa Valley, 65 miles north of San Francisco. The area was settled in 1834 as part of General Vallejo’s land grant. The City of St. Helena was incorporated as a City on March 24, 1876 and reincorporated on May 14, 1889.

The City, from its inception, has served as a rural agricultural center. Over the years, with the growth and development of the wine industry, St Helena has become an important business and banking center for the wine industry. The City also receives many visitors as a result of the wine industry and the area’s scenic qualities. The City’s goal is to maintain a small-town atmosphere and to provide quality services to its citizens.

The official population of the City of St. Helena as of 2019 is 6,133 (CA Department of Finance). St. Helena is a full-service city and encompasses an area of four square miles.

The City’s General Fund Budget is approximately $15 million.

II. GENERAL INFORMATION
City of St. Helena is requesting bid proposals from qualified contractors to provide HVAC preventative maintenance and repair services at various City locations. The Services to be performed under the Contract, if awarded, will consist of routine preventative, extraordinary, and emergency repairs, as delineated. The successful contractor (“Contractor”) will be required to provide appropriately trained professional HVAC personnel as well as requisite equipment in order to perform HVAC preventative maintenance and repair services of the highest quality.

The City will determine the work to be performed on an on-call as-needed, when needed basis. The Contractor (s) shall furnish all labor, equipment, materials, and supervisors to perform all services as described. The Contractor shall provide a program of routine preventative maintenance designed to eliminate or reduce the incidents of malfunction and extend the useful life of the equipment.

The City will select, the most qualified Contractor with competitive prices to perform the work. The City reserves the right to award a contract for performance of the required services based on the negotiated price, terms and conditions. The City reserves the right to reject all bids and circulate another RFP.

The term of the agreement is for three years, with two, one-year extensions. The City anticipates City Council authorization to award a contract/agreement in January 2024.

III. QUALIFICATIONS
Minimum Qualification Requirements The following are the minimum qualification requirements for this RFP. Proposals that fail to meet these requirements will be rejected.

1. The Contractor must provide evidence of at least five (5) years of experience in the HVAC Preventative Maintenance and Repair service industry.

2. The Proposer, during the last three years, must have administratively managed at least one contract of this size (in terms of dollar value) while maintaining the required delivery schedule.

Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 4

3. The Proposer must have and maintain staffing levels sufficient to provide adequate service levels to all the sites listed in this RFP.

4. The Proposer must possess knowledge of all laws, regulations, and codes regarding the maintenance of the types of equipment listed in this solicitation, including disposal methods of fluids and other materials that might be used in maintenance and repair that are considered hazardous waste by local, state, and federal regulations.

IV. SCOPE OF WORK
The City of St. Helena requests bid proposals for qualified HVAC preventative maintenance and repair services to be performed at various City facilities in accordance with the terms and conditions set forth in this RFB. The service consists of routine preventative maintenance, extraordinary maintenance, and emergency repairs of HVAC systems for locations that are the responsibility of the City and in accordance with the attached Service Locations and Equipment List.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 5
• Hanging Heater
• Furnace
Full Service would Include, but is not limited to:
• Lubricate motors and bearings.
• Check equipment for rust, wear, etc.
• Calibrate and program thermostat.
• Check defrost controls.
• Check heat strips.
• Check reversing valve.
• Measure voltage readings.
• Measure temperature split.
• Clean condensate pan.
• Check electrical and start components.
• Check crankcase heater.
• Check refrigerant oil levels.
• Check and adjust refrigerant pressure.
• Clean condenser coil as required.
• Clean evaporator coil as required.
• Inspect combustion air vents and flue pipe.
• Measure amperage draws.
• Adjust and clean pilot and burners.
• Inspect and clean heat exchanger.
• Check safety controls.
• Check electronic igniter.
• Check thermocouple.
• Adjust or replace belts and drives.
• Clean or replace filters.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 6
the Director of Public Works, or authorized representative, prior to commencing any work in all cases.

C. Contractor shall maintain an adequate crew of employees to perform the service required.

D. Unit prices quoted shall include all required safety equipment owned and available for work.

E. Unit prices for after-hours or emergency work shall be for actual time spent on the job site. No travel time will be paid.

Helena, if requested.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 7
to be “emergencies” shall be responded to immediately with all possible haste, arriving at the service location within four (4) hours of first notification. Routine requests shall be responded to within eight (8) hours of first notification unless the Director of Public Works or designee thereof agrees upon other arrangements.

O. City Responsibilities. The City will:
a. Provide guidelines for preventative maintenance and repair services for associated equipment.
b. Conduct regular periodic review to ensure the Contractor’s adherence to the Contract and the specifications and continued ability to responsibly perform the services.
c. Prepare a Contract Discrepancy Report to identify the Contractor’s specific failures to meet Contract requirements.
d. If needed, provide escort, access card, or keys to the Contractor.

V. SCHEDULE
Responses to the RFP must be submitted to the City of St. Helena as outlined in this section.

Responses are due no later than
FRIDAY, December 15, 2023 AT 5:00 PM
Responses received after this date and time will not be considered.

PROPOSED SCHEDULE FOR THE REVIEW AND SELECTION PROCESS

AND DESIRED TIMELINES FOR DELIVERABLES

MILESTONE DATE TIME
Release RFP November 17, 2023 9:00AM
Question submittal deadline December 1, 2023 4:00PM
Questions posted on City website (cityofsthelena.org/rfps) December 6, 2023 5:00PM Proposal due date December 15, 2023 5:00PM
Review and scoring of submittals Week Of December 18
Award of Agreement January 2023 6:00 PM
The schedule may be modified and/or extended if necessary.

VI. PROPOSAL SUBMISSION REQUIREMENTS AND FORMAT
Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 8
If interested in this RFP, please notify Lesley Milton by email at [email protected] so you may be added to the notification list for addendums. Failure to notify could result in missing important and required information, and could result in disqualification.

PROPOSAL SUBMISSION
It is the sole responsibility of the Proposer to ensure timely delivery. Late proposals shall not be considered. Proposals will not be accepted at any other location other than the email address specified above. Faxed or mailed proposals will not be accepted.

Content
The content of your proposal should include the following in summary form: Late or incomplete proposals will not be considered
Part 1: General Information (Form 1)
Part 2: Project Approach and Work
Part 3: Consultant Identification and Team (Form 2)
Part 4: Related Project Examples and References (Form 3) Part 5: Cost proposal (Form 4)
Part 6: Exceptions to the Contract (Form 5)
TOTAL: 100 points
PART 1 | General Information – Form 1
Form 1 general information shall include the below information. • General Information to List the name, address, and telephone number of the firm
• Signatures of authorized representative of the Service Provider. The Service Provider shall furnish documentation that the person signing the proposal is empowered with signatory authority for the Service Provider. The form could be a Corporate Resolution
• Provide the name, title, address and telephone number of the individual to whom correspondence and other contacts should be directed during the Service Provider selection process.
• Provide the location of the Service Provider’s headquarters. In addition, provide the location of any local support offices, which will provide service to the City.

PART 2 | PROJECT APPROACH AND WORK PLAN – No more than 1 page • Provide a summary of your firm’s background, services, size, and history as these factors are relevant to the work, with an emphasis on the maintenance and repair of HVAC systems.
• A description of your proposed approach and methodology for providing routine and emergency maintenance and repair services for the equipment.

PART 3 | CONSULTANT IDENTIFICATION AND TEAM – Form 2
On Form 2 list each key member of the team you intend to assign to this engagement and include for each listed individual: (a) area(s) of specialization; (b) title and/or position within your firm; and (cd) years of experience providing inspection, Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 9
maintenance and repair services for commercial mechanical systems and components, including equipment comparable to the Mechanical Equipment.

PART 4 | RELATED PROJECT EXAMPLES AND REFERENCES – Form 3 Provide at least three (3) client references for whom your firm has performed similar work to that requested in this RFP. For each client, describe the project, the project’s date, and services performed, and provide the name, address, and telephone number for a person at client’s firm familiar with such work.

PART 5 | COST PROPOSAL/HOURLY RATES – Form 4
Include the completed Form regarding hourly rate and charges for services. The cost proposal shall also include any exceptions or assumptions made in its preparation.

Part 6 | EXCEPTIONS TO THE CONTRACT – Form 5
All exceptions to the Contract terms and conditions must be stated on this form and submitted with the Proposal. Proposer’s failure to take timely exception to St. Helena’s terms and conditions expressly waives Proposer’s right to challenge or request modification of such terms and conditions and is conclusive evidence of Proposer’s assent thereto.

VII. SELECTION PROCESS
The Public Works Department intends to select a Service Provider based on demonstrated competence and qualifications for the types of services to be performed at a fair and reasonable price to the public. The Public Works Department will review all proposals and evaluate them according to the following criteria:
• Qualifications of Team
• Project Understanding and Innovation
• Work Plan / Scope of Work
• Project Schedule
• Similar Experience / References
• Rates
Service Provider may be either selected based on information included in the proposal or the Service Provider may be requested to interview prior to final selection.

VIII. PROPOSAL TERMS AND CONDITIONS

1. EXAMINATION OF PROPOSAL MATERIALS
The submission of a proposal shall be deemed a representation and warranty by the proponent that it has investigated all aspects of the RFP, that it is aware of the applicable facts pertaining to the RFP process and its procedures and requirements, and that it has read and understands the RFP. No request for modification of the provisions of the proposal shall be considered after its submission on the grounds the proponent was not fully informed as to any fact or condition.

TERM OF THE AGREEMENT
Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 10
This Agreement shall be for a period of three years beginning January, 2024 (or as soon as approved by the City Council) through December 30, 2026, subject to renewal administratively by two additional one-year periods. Based upon recommendation by the City that the Contractor has fully complied with the contract requirements and that it is in the interest of the City to continue the contract, a request will be submitted to the City Council for contract extension. The total term of the contract shall not exceed five years.

2. ADDENDA INTERPRETATIONS
If it becomes necessary to revise any part of this RFP, a written addendum will be provided to each firm that requested to be added to the notification list, and said addenda will be uploaded to the City website. The City of St. Helena is not bound by any oral representations, clarifications, or changes made in the RFP by the City or its agents, unless such clarifications or change is provided in written addendum from the City of St. Helena.

3. DESIGNATED CONTACT
For the purposes of this RFP, the Assistant to the City Manager is designated as the contact person. Any questions concerning the scope of work and the selection process shall be directed to Lesley Milton at [email protected]. Any and all questions and responses concerning this RFP will only be accepted in writing, via email. All questions must be received by November 3, 2023 by 5:00PM.

Responses to questions will be posted on the City’s website, cityofsthelena.org/rfps, and will become part of the RFP. It is the consultant’s responsibility to check the website for updates.

4. PUBLIC RECORDS
This RFP document and all submittals in response thereto are public records. Prospective consultants are cautioned not to include any material into the proposal that is strictly proprietary in nature.

5. PROPOSAL COSTS
All costs associated with the preparation of RFP submittals shall be borne by the respondent. This RFP does not constitute any form of offer to contract.

6. RESERVATION OF RIGHTS
The City reserves the right, for any reason, to accept or reject any one or more proposals; to negotiate the terms and specifications of the proposal; to modify any part of the RFP; or issue a new RFP.

7. PRODUCT OWNERSHIP
Any documents resulting from the contract will be the property of the City.

8. PROFESSIONAL SERVICES AGREEMENT
All Proposers must identify in their proposal any terms and conditions of the sample Professional Service Agreement (Exhibit B) that they wish to negotiate. Insurance is required as outlined in Section 7 of the sample agreement.

9. CAUSES FOR DISQUALIFICATION
Any of the following may be considered cause to disqualify a proponent without further consideration:
- Evidence of collusion among proponents;
Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 11
- Any attempt to improperly influence any member of the evaluation panel; - A proponent's default in any operation of a professional services agreement which resulted in termination of that agreement; and/or
- Existence of any lawsuit, unresolved contractual claim, or dispute between proponent and the City.

Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 12
FORM 1. PROPOSAL TO FURNISH HVAC MAINTENANCE
______________________________________________________ (“Bidder”) hereby submits this Proposal to the City of St. Helena (The City”) for the above-referenced project (“Project”) in response to the Request for Proposals and in accordance with the Contract Documents referenced therein.

1. Base Bid. Bidder proposes to perform and fully provide HVAC Maintenance Services as specified in the Contract Documents, for the two-year (2) time period from October 1, 2022 to September 30, 2024, for the prices in the attached Cost Proposal Schedule for HVAC Maintenance Services for the City of St. Helena (“Base Bid”).

2. Addenda. Bidder acknowledges receipt of the following addenda: Addendum: Date Received: Addendum:

Date Received: #01 _____________ #02 _____________ #03 _____________

3. Bidder’s Warranties. By signing and submitting this Proposal, Bidder warrants the following:

3.1 Bidder has thoroughly examined the Contract Documents, and represents that, to the best of Bidder’s knowledge there are no errors, omissions, or discrepancies in the Contract Documents.

3.2 Bidder has had the opportunity to examine the Worksite and local conditions at the Project location.

3.3 Bidder is fully qualified to perform the Work.

3.4 Bidder has carefully reviewed this Proposal and is solely responsible for any errors or omissions contained in its completed Bid.

4. Award of Contract. By signing and submitting this Proposal, Bidder agrees that if Bidder is awarded the Contract for the Project, that within ten (10) days following issuance of the notice of award to Bidder, Bidder shall:

4.1 Enter into a Contract with the City in accordance with the terms of this Proposal, by signing and submitting to the City the Contract form included with the Contract Documents; and

4.2 Submit to the City the insurance certificate(s) and endorsement(s) as required by the Contract Documents.

Signature Name and print title
Company Name Date
Address City, State, Zip
Email Phone Number
DIR Number, expiration date California Contractor’s License Number Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 13
FORM 2: GENERAL INFORMATION
Instructions: Please complete this form and include in your Proposal. On a separate page, list all subconsultants; include company name, address, phone number and type of service.

Company Name
Street Address
City/State/Zip
Phone No.

NUNS No.

Federal Taxpayer ID No.

POINTS OF CONTACT
Primary
Name/Title
Phone No.

Cell Phone No.

Email
Primary
Name/Title
Phone No.

Cell Phone No.

AUTHORIZED SIGNATORIES
Primary
Name/Title
Phone No.

Cell Phone No.

Email
Primary
Name/Title
Phone No.

Cell Phone No.

Email
Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 14
FORM 2. Consultant Team

POINTS OF CONTACT
Staff A
Name/Title
Years of
Experience
Experience/
Certifications
Staff B
Name/Title
Years of
Experience
Experience/
Certifications
Staff C
Name/Title
Years of
Experience
Experience/
Certifications
Staff D
Name/Title
Years of
Experience
Experience/
Certifications
Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 15
FORM 3 – REFERENCES
Reference 1
Project Name: Approximate Dates:

Brief Description of Services Provided:

Agency:

Contact Name: Contact Phone:

Contact Email:

Did you or any subcontract file any claims against the
Agency
Yes No
Did the Agency File any claims against you? Yes No
If you said yes to any of the above, please explain:

Reference 2
Project Name: Approximate Dates:

Brief Description of Services Provided:

Agency:

Contact Name: Contact Phone:

Contact Email:

Did you or any subcontract file any claims against the
Agency
Yes No
Did the Agency File any claims against you? Yes No
If you said yes to any of the above, please explain:

Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 16
Reference 3
Project Name: Approximate Dates:

Brief Description of Services Provided:

Agency:

Contact Name: Contact Phone:

Contact Email:

Did you or any subcontract file any claims against the
Agency
Yes No
Did the Agency File any claims against you? Yes No
If you said yes to any of the above, please explain:

Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 17
FORM 4 – COST PROPOSAL WORKSHEET
Bidder’s Name: ____________________________________________________________ To the Honorable Mayor and Members of the City Council:

In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment, and supplies for HVAC preventative maintenance and repair services in accordance with the Contract Documents to the satisfaction and under the direction of the Director of Public Works, at the following rates:

Item
No.

Preventative Maintenance At City Facilities Hourly Rate or Flat Fee

1. Routine Inspection to keep system in efficient fully automatic operation (semi-annual)

2. Annual Cooling Tower Tear Down and Cleaning

3. Hourly Rate for Repairs

4. Hourly Rate for Repairs after normal business hours

6. Trip charge rate or fee (please specify, if none say N/A)

7. Emergency Call out additional rate or fee (please
specify if none say N/A))
List name and cost for any equipment or parts required
for routine maintenance (example: filters, oil)

8. Other services (Please enter task and corresponding
rate). Provide additional sheet if necessary.
* Any required/additional parts and services need to be authorized in advance by the Public Works designee prior to ordering.

BIDDER: ___________________________________________________________ SIGNATURE & TITLE: _______________________________________________ DATE: ___________________________
Agenda Item #10.8.

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FORM 5 - EXCEPTIONS TO THE CONTRACT
This form shall include any exceptions the Proposer takes to the Contract, which includes the “Compensation, Invoicing and Payment” and “Indemnity and Defense of Claims” and “Insurance Requirements.” If Proposer takes no exceptions, check the field “Proposer takes no exceptions” below.

All exceptions to the Contract terms and conditions must be stated on this form and submitted with the Proposal. Proposer’s failure to take timely exception to St. Helena’s terms and conditions expressly waives Proposer’s right to challenge or request modification of such terms and conditions and is conclusive evidence of Proposer’s assent thereto. ο Proposer takes exception to the following:

Section Reference Disposition (For city use only)
Insert proposed language here
Section Reference Disposition (For city use only)
Insert proposed changes here:
• Make copies of this page if necessary
ο “Proposer takes no exceptions”
Firm Name
Name Title
Signature Date
Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 19
EXHIBIT A – SERVICE LOCATIONS AND EQUIPMENT LIST
* additional equipment could be added during the course of the contract according to the needs of the city
Location Address
Corp Yard 1405 Charter Oak Ave
Library 1492 Library Lane
Waste Water Treatment Plant
Fire Department 1500 Main Street,
Carnegie 1360 Oak Avenue
Water Treatment Plant
Head Start Crane Park
RLS museum 1472 Library Ln
Scout Hall 1515 Railroad Ave
Recreation Redwood Room 1574 Railroad Avenue
Systems may include the following:
• Through the Wall Heat Pumps
• Lochinvar Boiler
• Cooling Tower w/pumps
• Heat pumps
• Bosch Heat Pump
• Split Systems
• Ductless Split System
• Radiant Heaters
• Electric Heaters
• Exhaust Fans
• Make up air Unit
• Water Heaters
• Bard Units
• Water source Heat Pump
• Hanging Heater
• Furnace
Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 20
Exhibit B – Sample Professional Services Agreement

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on _____________, 2022 by and between the City of St. Helena, located in the County of Napa, State of California (City), and _______________________________ (Consultant).

RECITALS:

A. City desires to employ Consultant to furnish professional services in connection with the project described as _________________________________.

B. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to perform the required duties.

NOW, THEREFORE, in consideration of the mutual premises, covenants, and conditions herein contained, the parties agree as follows:

SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Scope of Services” and made part of this Agreement.

SECTION 3 – TIME FOR COMPLETION
The time for completion of Services shall be as identified in Exhibit A, “Scope of Services”.

The parties expressly agree that time is of the essence in the performance of this Agreement.

SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit A, “Compensation” attached hereto and made a part hereof.

Total compensation shall not exceed $________ unless additional compensation is approved in accordance with Section 2.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 21
with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice. If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses. Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.

C. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 22

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

B. Minimum Limits of Insurance. Consultant shall maintain limits no less than:

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions of $25,000 or greater must be declared to and approved by the City.

G. Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 23
employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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

SECTION 8 – INDEMNIFICATION
To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including legal fees and expert witness costs) (collectively, “Liabilities”), incurred by reason of any negligent or otherwise wrongful act or omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, arising out of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.

When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, professional engineer, or land surveyor (i.e., a “design professional,” pursuant to Civil Code § 2782.8(c)), the provisions of this section regarding Consultant’s duty to defend and indemnify apply only to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.

If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify Indemnitees as provided above, Consultant, upon notice from City, shall defend Indemnitees at Consultant’s expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 24
Indemnification in order to be so indemnified. The insurance required to be maintained by Consultant shall ensure Consultant’s obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.

The provisions of this section do not apply to claims to the extent occurring as a result of the City’s sole negligence, active negligence, or willful acts or misconduct.

Duty to Cooperate. Each party shall notify the other party immediately in writing of any claim or damage related to activities or Services performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of all Liabilities arising out of the activities or Services under this Agreement.

In the event that Consultant executes any subconsulting agreements in connection with the Services performed under this Agreement, Consultant shall place in all such subconsulting agreements, and cause its subconsultants to agree to, the indemnity and insurance obligations in favor of City and other Indemnitees, as provided herein, in the exact form and substance of those contained in this Agreement.

SECTION 9 – INDEPENDENT CONTRACTOR STATUS
Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or to incur an obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.

The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City.

Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTI-CORRUPTION POLICIES Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.

City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related Services for other governmental agencies and private parties. Consultant is aware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.

Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 25
Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.

SECTION 11 – OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Product shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code.

Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.

SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION All information gained or work product produced by Consultant in performance of this Agreement shall be considered
confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 26
performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided consultant gives City notice of such court order or subpoena.

If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.

Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.

SECTION 15 – COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Consultant agrees as follows:

Equal Employment Opportunity. In connection with the execution of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, ancestry, age, sexual orientation, gender, gender identity and gender expression as protected categories specifically and expressively in that category, physical handicap, medical condition, marital status, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 27
Nondiscrimination Civil Rights Act of l964. Consultant will comply with all federal regulations relative to nondiscrimination to federally-assisted programs.

Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitations, either by competitive bidding or negotiations, made by Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by Consultant of Consultant’s obligations under this Agreement and the regulations relative to nondiscrimination.

C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

SECTION 17 – AUDIT AND INSPECTION OF RECORDS
Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 28
A. Records of Consultant’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when required for a period of up to 3 years from the date of Consultant’s final invoice.

SECTION 19 – COOPERATION BY CITY
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit A, “Scope of Services”, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.

To City: City Manager
1572 Railroad Avenue
St. Helena, California 94574
To Consultant: ____________________
____________________
____________________
Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 29
____________________
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, email, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.

SECTION 21 – TERMINATION
City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.
- If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
- Upon termination of this Agreement by either Consultant or City, all property belonging to City which is in Consultant’s possession shall be delivered to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.

SECTION 23 – ENTIRE AGREEMENT
This Agreement, including the attached Exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 30
SECTION 26 – DEFAULT
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.

Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30 – THIRD PARTY BENEFICIARIES
Consultant’s subconsultants shall agree to be bound to the terms of the Agreement to the extent of their scope of Services, including but not limited to, terms regarding indemnity and dispute resolution, and shall agree that City is deemed an express third party beneficiary of their subconsultant agreements. Nothing contained in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement.

SECTION 32 – SPECIAL PROVISIONS
Agenda Item #10.8.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | HVAC MAINTENANCE AND REPAIR SERVICES PAGE 31
This Agreement is subject to the following special provisions: none.

IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions above stated, the day and year first above written.

Consultant: City:

By: ________________________________ By: ________________________ Name: ______________________________ Name: Anil Comelo
Title:________________________________ Title: City Manager Approved as to Form:

By: _________________________________
Name: Ethan Walsh
Title: City Attorney
Agenda Item #10.8.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: February 13, 2024
FROM: Lesley Milton, Asst. to the City Manager
SUBJECT: Consideration and proposed adoption of a Resolution authorizing a Professional Services Agreement with JL
Mechanical for maintenance services each for a 3-year
period for a not-to-exceed contract value of $240,000 with the option of two possible one year extensions.

GOAL: Goal 7: Enhance Organizational Effectiveness

RECOMMENDED
ACTION:

Approval of the Resolution.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

Authorization of a contract for mechanical repair services for City equipment.

FINANCIAL IMPACT: Fiscal impact for this action is a not-to-exceed cost of $240,000 over three years. Expenditures have been
included in the FY 23-24 Operating Budget and the FY 24- 25 Operating Budget.

BACKGROUND:

The City organization has a large inventory of mechanical equipment ranging from vehicles, tools, pumps, trailers, and more. Periodically, these machines break, requiring significant repairs, but also require general preventative maintenance activities. The current city staff allocation does not include staff members who specialize in mechanical repairs, therefore it is necessary to contract out for this service.

For the last several years, the City has engaged the services of vendors for emergency mechanical repairs to equipment. While the emergency services were necessary, and unpredictable, it is in the City's best interest to do a formal solicitation for services and enter into an on-call service contract with a vendor.

A Request for Proposals was released on November 17, 2023, for on-call maintenance services. The goal was to retain a vendor to perform ongoing mobile maintenance and repair services of City equipment and facilities. Certain portions of the services will be regularly scheduled preventive maintenance (“PM”) services and certain portions of the services will be performed on an on-call basis (“On-Call”), meaning that City may request unscheduled maintenance or repair/replacement services to remedy an unexpected equipment issue or emergency.

Agenda Item #10.9.

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DISCUSSION:

Responses were due on Friday December 15, 2023. Only one proposal was received and that proposal was deemed responsive. The proposal was evaluated based on quality of proposal, consultant identification and team, references and project examples, as well as cost.

Bidding Firms Deemed Responsive
JL Mechanical Yes
The City’s Purchasing Policy requires contracts for maintenance services to be awarded to the lowest priced responsible and suitable bidder taking into consideration quality, service, fitness or capacity to the particular requirements of the City, and price. Taking those factors into consideration, the received proposal has been verified as the lowest responsive and responsive.

Staff has contacted the bidder and recommends entering into a service agreement with JL Mechanical for a 3-year period, with a not-to-exceed value of $240,000, with two possible one-year extension. The current budget for this service in FY24 and FY25 is $80,000 per year.

Total invoiced expenditures for the last three fiscal years for the above requested were as follows:

Fiscal Year Total Expenditures
2022 $80,673.84
2021 $90,593.79
2020 $72,580.78
This action is an effort to enter into a proactive agreement with one vendor for routine maintenances services with fixed negotiated costs, rather than unpredictable emergency services at varying costs. The cost of emergency repair services is more expensive than for calls to a contracted vendor, therefore this action will save the City money over the life of the contract. Staff is recommending authorization of the service agreement as proposed.

ENVIRONMENTAL REVIEW: Not a CEQA project.

DOCUMENTS ATTACHMENTS:

Resolution JL Mechancial
20240213 PSA JL Mechancial Equipment Maintenance
RFP On-call Mechanical Repair
Agenda Item #10.9.

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CITY OF ST. HELENA
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST.

HELENA APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH JL MECHANCIAL FOR MOBILE
MECHANICAL MAINTENANCE SERVICES FOR A THREE (3)
YEAR CONTRACT PERIOD FOR A TOTAL AMOUNT NOT-TOEXCEED COST OF $240,000 WITH UP TO TWO ADDITIONAL 2-

YEAR EXTENSIONS AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREEMENT

RECITALS
A. Whereas, the City has a large inventory of mechanical equipment ranging from vehicles, tools, pumps, trailers, and more.

B. Whereas, The current City staff allocation does not include staff members who specialize in mechanical repair, therefore it is necessary to contract out for this service.

C. Whereas, a request for Proposals was released on November 17, 2023 for on-call mechanical maintenance services, and bids were received on December 15th.

D. Whereas, only one proposal was received which was evaluated based on qualify of application, consultant identification and team, references and project examples, as well as cost and was deemed responsive. Other vendors that the city has used were contacted for this RFP but chose not to submit proposals.

E. Whereas, JL Mechanical is a CUPCCA certified vendor and has provided sufficient services to the City in the past.

RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:

1. Authorizes the execution of a Professional Service Agreement with JL Mechanical for mechanical maintenance services for an initial three years for an amount not-to-exceed $240,000 with two optional one year extensions.

2. Authorizes the City Manager to execute the agreement.

Agenda Item #10.9.

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Approved at a Regular Meeting of the St. Helena City Council on February 13 2024, by the following vote:

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Mechanical Maintenance and Repair Services – JL Mechanical 2024

AGREEMENT FOR PROFESSIONAL SERVICES
Mobile Mechanical Maintenance and Repair Services
THIS AGREEMENT, made and entered into on February 13, 2024 by and between the City of St. Helena, located in the County of Napa, State of California (City), and JL Mechanical (Consultant).

RECITALS:

A. City desires to employ Consultant to furnish professional services in connection with the project described as Mobile Mechanical Maintenance and Repair Services.

B. A Request for Proposals was released on November 17, 2023 for Mobile Mechanical Maintenance and Repair Services.

C. The service requested would consists of regular, scheduled and emergency maintenance of mobile equipment/machinery equipment used by the City of St. Helena Public Works Department.

D. The City will determine the work to be performed on an on-call as-needed, when needed basis.

E. Bid responses were due on December 15th and evaluated for quality of application, consultant identification and team, references, and project examples, as well as cost.

F. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to perform the required duties.

NOW, THEREFORE, in consideration of the mutual premises, covenants, and conditions herein contained, the parties agree as follows:

SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Scope of Services” that was included in the Request for Proposals and made part of this Agreement. Within the first month of this contract, the Public Works department and the Consultant will draft and agree upon a preventative maintenance schedule for equipment listed in Exhibit B “Mechanical Equipment List” and charged according to Fee Schedule in section 4. All other services will be provided on an on-call basis, and are conditioned upon response times as listed in Section 3.

SECTION 3 – TIME FOR COMPLETION
The term of this agreement is for three years, with the option of two 1 (1) year extensions that can be issued upon written agreement of both parties within 30 days of contract expiration.

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Mechanical Maintenance and Repair Services – JL Mechanical 2024 Work will generally be performed Citywide between the hours of 7:00 AM and 5:00 PM, Monday through Friday. During emergencies, work may be required at other than normal business hours. The Contractor must receive the approval of the Director of Public Works, or authorized representative, prior to commencing any work in all cases.

Routine requests shall be responded to within eight (8) hours of first notification unless the Director of Public Works or designee thereof agrees upon other arrangements.

SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified for each service described in Section 1, at the rates listed in the below Rate Schedule. Total compensation shall not exceed $240,000.00 unless additional compensation is approved in accordance with Section 2.

Rate Schedule
Item
No.

Item Hourly Rate or
Flat Fee

1. Preventative Maintenance of general mechanical
Equipment
$165.00/Hour

2. Annual Service for stationary and mobile generators $165.00/Hour

3. Hourly Rate for Repairs $165.00/Hour

4. Hourly Rate for Repairs after normal business hours $247.50/Hour

5. Trip charge rate or fee (please specify, if none say N/A)
$300.00/Trip

6. Emergency Call out additional rate or fee (please
specify, if none say N/A))
$300.00/Trip
B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, and the amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice. If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses.

Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.

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Mechanical Maintenance and Repair Services – JL Mechanical 2024 C. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

B. Minimum Limits of Insurance. Consultant shall maintain limits no less than:

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Mechanical Maintenance and Repair Services – JL Mechanical 2024

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions of $25,000 or greater must be declared to and approved by the City.

G. Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

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Mechanical Maintenance and Repair Services – JL Mechanical 2024

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

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Mechanical Maintenance and Repair Services – JL Mechanical 2024 liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.

D. The provisions of this section do not apply to claims to the extent occurring as a result of the City’s sole negligence, active negligence, or willful acts or misconduct.

C. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

B. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related Services for other Agenda Item #10.9.

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Mechanical Maintenance and Repair Services – JL Mechanical 2024 governmental agencies and private parties. Consultant is aware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.

B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Product shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.

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Mechanical Maintenance and Repair Services – JL Mechanical 2024 Response to a subpoena or court order shall not be considered “voluntary” provided consultant gives City notice of such court order or subpoena.

SECTION 15 – COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Consultant agrees as follows:

B. Nondiscrimination Civil Rights Act of l964. Consultant will comply with all federal regulations relative to nondiscrimination to federally-assisted programs.

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Mechanical Maintenance and Repair Services – JL Mechanical 2024 C. Solicitations for Subcontractors including Procurement of Materials and Equipment.

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Mechanical Maintenance and Repair Services – JL Mechanical 2024 B. Consultant shall maintain all documents and records prepared by or furnished to Consultant during the course of performing the Services for at least three (3) years following completion of the Services. Such records include, but are not limited to, correspondence, internal memoranda, technical reports and investigations, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement.

Consultant hereby waives and release other City-entites from any liability under this Agreement.

To City: City Manager
1088 College Avenue
St. Helena, California 94574
To Consultant: Joseph Laymon
JL Mechanical
PO Box 1579
Middletown, CA 95461
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Mechanical Maintenance and Repair Services – JL Mechanical 2024 Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, email, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.

SECTION 26 – DEFAULT
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Mechanical Maintenance and Repair Services – JL Mechanical 2024 In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.

SECTION 32 – SPECIAL PROVISIONS
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Mechanical Maintenance and Repair Services – JL Mechanical 2024 This Agreement is subject to the following special provisions: none.

IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions above stated, the day and year first above written.

Consultant: City:

By: ________________________________ By: ________________________ Name: Joseph Laymon Name: Anil Comelo
Title:_ Owner Title: City Manager
Approved as to Form:

By: _________________________________
Name: Ethan Walsh
Title: City Attorney
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Mechanical Maintenance and Repair Services – JL Mechanical 2024 EXHIBIT A – SCOPE OF WORK
Contractor will perform ongoing mobile maintenance and repair services of city equipment and facilities. Certain portions of the Services will be regularly-scheduled preventive maintenance (“PM”) services and certain portions of the Services will be performed on an On-Call basis (“OnCall”), meaning that City of St. Helena may request unscheduled maintenance or repair/replacement services to remedy an unexpected equipment issue or emergency. For any PM Services performed under this contract, Contractor and city will negotiate a PM schedule as described in these Technical Specifications and will be expected to perform the PM according to that schedule. Contractor shall provide firmed fixed rates for PM tasks on Cost Proposal. Any On-Call type Services performed under this Contract will be authorized by City of St. Helena via the issuance of a written work order.

C. Contractor shall maintain an adequate crew of employees to perform the service required.

D. Unit prices quoted shall include all required safety equipment owned and available for work.

E. Unit prices for after-hours or emergency work shall be for actual time spent on the job site. No travel time will be paid.

M. The Contractor should expect service requests outside of the Contractor’s normal working hours. These service requests may be given by telephone, email, written Agenda Item #10.9.

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Mechanical Maintenance and Repair Services – JL Mechanical 2024 correspondence, or other means for reporting system-related problems, damages, and emergencies as mutually agreed upon.

City Responsibilities. The City will:

A. Provide guidelines for preventative maintenance and repair services for associated equipment.

B. Conduct regular periodic review to ensure the Contractor’s adherence to the Contract and the specifications and continued ability to responsibly perform the services.

C. Prepare a Contract Discrepancy Report to identify the Contractor’s specific failures to meet Contract requirements.

D. If needed, provide escort, access card, or keys to the Contractor.

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Mechanical Maintenance and Repair Services – JL Mechanical 2024 Exhibit A – Mechanical Equipment List
This list is subject to change. Additional equipment could be added during the course of the contract according to the needs of the city. Not all equipment on this list may need to be serviced by the selected contractor.

Equipment
Number
Description Year Model
113 Excavator Trailer 1993 327494
512 Toyota Forklift 2004 N/A
303 5200 John Deere tractor 1993 N/A
310 Water Trailer 2000 N/A
219 310 G Backhoe 2004 N/A
Veermeer Dingo CTX100 2018
217 JC BSN Trailer 1976 1066984
233 Wanco WVTM 5C color SMS 2020
234 Wanco WVTM 5C color SMS 2020
235 Wanco WVTM 5C color SMS 2020
236 Solartech MB-22-448 2011
237 Solartech MB-22-449 2010
231 Water Trailer 2007 N/A
230 Tennet M-20 2006 N/A
240 Bomag roller 2014 N/A
216 Vermeer Chipper 100XL 2015 643121
218 Atlas Copco Air Compressor 2015 1457175
120 Vermeer Vac Trailer VX50-800 2018 SE 701057
114 Utility Trailer N/A N/A
112 D-35 John Deer excavator 2010 N/A
404 Transport Trailer 2003 1219519
412 Kubota KH381 N/A N/A
408 John Deer Skid Steer 2018
Skid Steer Trailer 2018
Gorman-Rupp 8" centrifical pump
Gorman rupp 6" centrifical pump 1996
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REQUEST FOR PROPOSALS:

REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES
Mobile Equipment Maintenance & Repair Services
DATE ISSUED: Friday, November 17, 2023
DATE DUE: Friday, December 15, 2023, 5PM
CONTACT: Lesley Milton, Assistant to the City Manager
[email protected]
(707) 312-1208
The City is only accepting proposals electronically via email to [email protected] Only email’s sent to [email protected] will be considered as responsive to the request for proposals. Emails sent to other City emails may be considered as non-responsive and may not be reviewed.

CITY OF ST. HELENA
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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | EQUIPMENT MAINTENANCE AND REPAIR SERVICES PAGE 2

TABLE OF CONTENTS
I. INTRODUCTION..................................................................................................................................... 3 II. GENERAL INFORMATION ..................................................................................................................... 3 III. QUALIFICATIONS .................................................................................................................................. 3 IV. SCOPE OF WORK ................................................................................................................................. 4 V. SCHEDULE ............................................................................................................................................. 6 VI. PROPOSAL SUBMISSION REQUIREMENTS AND FORMAT ................................................................... 6 PART 1 | GENERAL INFORMATION – Form 1 ......................................................................................... 7 PART 2 | PROJECT APPROACH AND WORK PLAN .............................................................................. 7 PART 3 | CONSULTANT IDENTIFICATION AND TEAM – Form 2............................................................. 7 PART 4 | RELATED PROJECT EXAMPLES AND REFERENCES – Form 3..................................................7 PART 5 | HOURLY RATES – Form 4 .......................................................................................................... 7 VII. SELECTION PROCESS............................................................................................................................ 8 VIII. PROPOSAL TERMS AND CONDITIONS ................................................................................................ 8

1. EXAMINATION OF PROPOSAL MATERIALS............................................................................. 8

2. ADDENDA INTERPRETATIONS .................................................................................................. 8

3. DESIGNATED CONTACT .......................................................................................................... 8

4. PUBLIC RECORDS..................................................................................................................... 9

5. PROPOSAL COSTS.................................................................................................................... 9

6. RESERVATION OF RIGHTS ........................................................................................................ 9

7. PRODUCT OWNERSHIP ............................................................................................................ 9

8. PROFESSIONAL SERVICES AGREEMENT.................................................................................. 9

9. CAUSES FOR DISQUALIFICATION............................................................................................ 9

EXHIBITS
Exhibit A: Mechanical Equipment List
Exhibit C: City of St. Helena Professional Services Agreement Part 1: Proposal Summary and Signature Page (Form 1)
Part 2: General Information (Form 2)
Part 3: Cost proposal (Form 5)
Part 4: Related Project Examples and References (Form 4) Part 5: Exceptions to the Contract (Form 6)Part 6:

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | EQUIPMENT MAINTENANCE AND REPAIR SERVICES PAGE 3
I. INTRODUCTION
The City of St. Helena, California is located in the center of the world-famous wine growing Napa Valley, 65 miles north of San Francisco. The area was settled in 1834 as part of General Vallejo’s land grant. The City of St. Helena was incorporated as a City on March 24, 1876 and reincorporated on May 14, 1889.

The official population of the City of St. Helena as of 2019 is 6,133 (CA Department of Finance). St. Helena is a full-service city and encompasses an area of four square miles.

The City’s General Fund Budget is approximately $15 million.

II. GENERAL INFORMATION
The City of St. Helena is seeking a qualified firm to provide mobile equipment/machinery maintenance and mechanical repair services to assist us with repair of our mechanical equipment used by the City of St. Helena Public Works Department.

The services required shall include a regular, scheduled maintenance program (including routine adjustments and repairs) for the mechanical equipment owned and operated by the Public Works department of the City of St. Helena. The work may also include from time to time, as-needed and as-requested basis, non-routine and/or emergency maintenance and repairs for mechanical systems and components owned or controlled by the City of St. Helena.

III. QUALIFICATIONS
Minimum Qualification Requirements The following are the minimum qualification requirements for this RFP. Proposals that fail to meet these requirements will be rejected.

1. The Proposer must have three years of experience in providing the Services to institutional and/or industrial-type sites maintaining the various types of equipment listed in this solicitation.

2. The Proposer, during the last three years, must have administratively managed at least one contract of this size (in terms of dollar value) while maintaining the required delivery schedule.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | EQUIPMENT MAINTENANCE AND REPAIR SERVICES PAGE 4

3. The Proposer must have and maintain staffing levels sufficient to provide adequate service levels to all the sites listed in this RFP.

5. Must have a preferred vendor status with Enterprise by the time of contract execution
IV. SCOPE OF WORK
Contractor will perform ongoing mobile maintenance and repair services of city equipment and facilities. Certain portions of the Services will be regularly-scheduled preventive maintenance (“PM”) services and certain portions of the Services will be performed on an On-Call basis (“On-Call”), meaning that City of St. Helena may request unscheduled maintenance or repair/replacement services to remedy an unexpected equipment issue or emergency. For any PM Services performed under this contract, Contractor and city will negotiate a PM schedule as described in these Technical Specifications and will be expected to perform the PM according to that schedule.

Contractor shall provide firmed fixed rates for PM tasks on Cost Proposal. Any On-Call type Services performed under this Contract will be authorized by City of St. Helena via the issuance of a written work order.

C. Contractor shall maintain an adequate crew of employees to perform the service required.

D. Unit prices quoted shall include all required safety equipment owned and available for work.

E. Unit prices for after-hours or emergency work shall be for actual time spent on the job site. No travel time will be paid.

Helena, if requested.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | EQUIPMENT MAINTENANCE AND REPAIR SERVICES PAGE 5
The name and logo shall be large enough to be easily legible from a distance of fifty (50) feet, during the course of their work. Contractor shall keep all vehicles and equipment in a neat and clean appearance and maintained in excellent mechanical condition
K. Contractor is required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than (2) hours.

M. The Contractor should expect service requests outside of the Contractor’s normal working hours. These service requests may be given by telephone, email, written correspondence, or other means for reporting system-related problems, damages, and emergencies as mutually agreed upon.

N. Maintenance Records
a. The Contractor shall keep a current, permanent operational record of all services performed at a service location, including, but not limited to, routine maintenance, service calls and extraordinary maintenance, for each and every piece of equipment that the Contractor is required to maintain by this Contract. These records shall be kept at each maintained location on a form approved by the City. A copy of such record shall be provided within two (2) calendar days upon request of the Director of Public Works or designee thereof. The form shall include, at a minimum, the date, time, description of device including all model, part or serial numbers, narrative of deficiencies encountered, and a detail of any and all corrective action(s) taken.

P. City Responsibilities. The City will:
a. Provide guidelines for preventative maintenance and repair services for associated equipment.
b. Conduct regular periodic review to ensure the Contractor’s adherence to the Contract and the specifications and continued ability to responsibly perform the services.
c. Prepare a Contract Discrepancy Report to identify the Contractor’s specific failures to meet Contract requirements.
d. If needed, provide escort, access card, or keys to the Contractor.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | EQUIPMENT MAINTENANCE AND REPAIR SERVICES PAGE 6
V. SCHEDULE
Responses to the RFP must be submitted to the City of St. Helena as outlined in this section.

Responses are due no later than
FRIDAY, December 15, 2023 AT 5:00 PM
Responses received after this date and time will not be considered.

PROPOSED SCHEDULE FOR THE REVIEW AND SELECTION PROCESS

AND DESIRED TIMELINES FOR DELIVERABLES

VI. PROPOSAL SUBMISSION REQUIREMENTS AND FORMAT
If interested in this RFP, please notify Lesley Milton by email at [email protected] so you may be added to the notification list for addendums. Failure to notify could result in missing important and required information, and could result in disqualification.

Content
The content of your proposal should include the following in summary form: Late or incomplete proposals will not be considered
Part 1: Proposal Summary and Signature Page (Form 1)
Part 2: General Information (Form 2)
Part 3: Consultant Identification and Team (Form 3)
Part 4: Related Project Examples and References (Form 4) Part 5: Cost proposal (Form 5)
Part 6: Exceptions to the Contract (Form 6)
TOTAL: 100 points
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PART 1 | General Information – Form 1
Form 1 general information shall include the below information. • General Information to List the name, address, and telephone number of the firm
• Signatures of authorized representative of the Service Provider. The Service Provider shall furnish documentation that the person signing the proposal is empowered with signatory authority for the Service Provider. The form could be a Corporate Resolution
• Provide the name, title, address and telephone number of the individual to whom correspondence and other contacts should be directed during the Service Provider selection process.
• Provide the location of the Service Provider’s headquarters. In addition, provide the location of any local support offices, which will provide service to the City.

PART 2 | PROJECT APPROACH AND WORK PLAN
• In 1 to 3 pages, provide a summary of your firm’s background, services, size, and history as these factors are relevant to the work, with an emphasis on the maintenance and repair of commercial mechanical equipment and components in Napa County.
• A description of your proposed approach and methodology for providing routine and emergency maintenance and repair services for the Equipment PART 3 | CONSULTANT IDENTIFICATION AND TEAM – Form 2
In less than 1 page, list each key member of the team you intend to assign to this engagement and include for each listed individual: (a) area(s) of specialization; (b) title and/or position within your firm; and (cd) years of experience providing inspection, maintenance and repair services for commercial mechanical systems and components, including equipment comparable to the Mechanical Equipment.

PART 5 | HOURLY RATES – Form 4
Include the completed Form 4 regarding hourly rate and charges for services. The cost proposal shall also include any exceptions or assumptions made in its preparation.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | EQUIPMENT MAINTENANCE AND REPAIR SERVICES PAGE 8
VII. SELECTION PROCESS
The Public Works Department intends to select a Service Provider based on demonstrated competence and qualifications for the types of services to be performed at a fair and reasonable price to the public. The Public Works Department will review all proposals and evaluate them according to the following criteria:
• Qualifications of Team
• Project Understanding and Innovation
• Work Plan / Scope of Work
• Project Schedule
• Similar Experience / References 5
Service Provider may be either selected based on information included in the proposal or the Service Provider may be requested to interview prior to final selection.

VIII. PROPOSAL TERMS AND CONDITIONS

TERM OF THE AGREEMENT
This Agreement shall be for a period of three years beginning January, 2024 through December 30, 2026, subject to renewal administratively by two additional one-year periods. Based upon recommendation by the City that the Contractor has fully complied with the contract requirements and that it is in the interest of the City to continue the contract, a request will be submitted to the City Council for contract extension. The total term of the contract shall not exceed five years.

Responses to questions will be posted on the City’s website, cityofsthelena.org/rfps, and will become part of the RFP. It is the consultant’s responsibility to check the website for updates.

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5. PROPOSAL COSTS
All costs associated with the preparation of RFP submittals shall be borne by the respondent. This RFP does not constitute any form of offer to contract.

7. PRODUCT OWNERSHIP
Any documents resulting from the contract will be the property of the City.

9. CAUSES FOR DISQUALIFICATION
Any of the following may be considered cause to disqualify a proponent without further consideration:
- Evidence of collusion among proponents;
- Any attempt to improperly influence any member of the evaluation panel; - A proponent's default in any operation of a professional services agreement which resulted in termination of that agreement; and/or
- Existence of any lawsuit, unresolved contractual claim, or dispute between proponent and the City.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | EQUIPMENT MAINTENANCE AND REPAIR SERVICES PAGE 10
FORM 1. PROPOSAL TO FURNISH EQUIPMENT MAINTENANCE
______________________________________________________ (“Bidder”) hereby submits this Proposal to the City of St. Helena (The City”) for the above-referenced project (“Project”) in response to the Request for Proposals and in accordance with the Contract Documents referenced therein.

2. Addenda. Bidder acknowledges receipt of the following addenda: Addendum: Date Received: Addendum:

Date Received: #01 _____________ #02 _____________ #03 _____________

3. Bidder’s Warranties. By signing and submitting this Proposal, Bidder warrants the following:

3.1 Bidder has thoroughly examined the Contract Documents, and represents that, to the best of Bidder’s knowledge there are no errors, omissions, or discrepancies in the Contract Documents.

3.2 Bidder has had the opportunity to examine the Worksite and local conditions at the Project location.

3.3 Bidder is fully qualified to perform the Work.

3.4 Bidder has carefully reviewed this Proposal and is solely responsible for any errors or omissions contained in its completed Bid.

4.1 Enter into a Contract with the City in accordance with the terms of this Proposal, by signing and submitting to the City the Contract form included with the Contract Documents; and

4.2 Submit to the City the insurance certificate(s) and endorsement(s) as required by the Contract Documents.

Signature Name and print title
Company Name Date
Address City, State, Zip
Email Phone Number
DIR Number, expiration date California Contractor’s License Number Agenda Item #10.9.

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FORM 2. GENERAL INFORMATION
Instructions: Please complete this form and include in your Proposal. On a separate page, list all subconsultants; include company name, address, phone number and type of service.

Company Name
Street Address
City/State/Zip
Phone No.

NUNS No.

Federal Taxpayer ID No.

POINTS OF CONTACT
Primary
Name/Title
Phone No.

Cell Phone No.

Email
Primary
Name/Title
Phone No.

Cell Phone No.

AUTHORIZED SIGNATORIES
Primary
Name/Title
Phone No.

Cell Phone No.

Email
Primary
Name/Title
Phone No.

Cell Phone No.

Email
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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | EQUIPMENT MAINTENANCE AND REPAIR SERVICES PAGE 12
FORM 3 – COST PROPOSAL WORKSHEET
Bidder’s Name: ____________________________________________________________ To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment, and supplies for general preventative mechanical maintenance and repair services in accordance with the Contract Documents to the satisfaction and under the direction of the Director of Public Works, at the following rates:

Item
No.

Item Please Specify if Hourly Rate
or Flat Rate

1. Preventative Maintenance of general mechanical
Equipment

2. Annual Service for stationary and mobile generators

3. Hourly Rate for Repairs

4. Hourly Rate for Repairs after normal business hours

5. Trip charge rate or fee (please specify, if none say N/A)

6. Emergency Call out additional rate or fee (please
specify, if none say N/A))

7. Other services (Please enter task and corresponding
rate). Provide additional sheet if necessary.

BIDDER: ___________________________________________________________ SIGNATURE & TITLE: _______________________________________________ DATE: ___________________________
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FORM 4 – REFERENCES
Reference 1
Project Name: Approximate Dates:

Brief Description of Services Provided:

Agency:

Contact Name: Contact Phone:

Contact Email:

Did you or any subcontract file any claims against the
Agency
Yes No
Did the Agency File any claims against you? Yes No
If you said yes to any of the above, please explain:

Reference 2
Project Name: Approximate Dates:

Brief Description of Services Provided:

Agency:

Contact Name: Contact Phone:

Contact Email:

Did you or any subcontract file any claims against the
Agency
Yes No
Did the Agency File any claims against you? Yes No
If you said yes to any of the above, please explain:

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | EQUIPMENT MAINTENANCE AND REPAIR SERVICES PAGE 14
Reference 3
Project Name: Approximate Dates:

Brief Description of Services Provided:

Agency:

Contact Name: Contact Phone:

Contact Email:

Did you or any subcontract file any claims against the
Agency
Yes No
Did the Agency File any claims against you? Yes No
If you said yes to any of the above, please explain:

Agenda Item #10.9.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | EQUIPMENT MAINTENANCE AND REPAIR SERVICES PAGE 15
FORM 5 - EXCEPTIONS TO THE CONTRACT
This form shall include any exceptions the Proposer takes to the Contract, which includes the “Compensation, Invoicing and Payment” and “Indemnity and Defense of Claims” and “Insurance Requirements.” If Proposer takes no exceptions, check the field “Proposer takes no exceptions” below.

All exceptions to the Contract terms and conditions must be stated on this form and submitted with the Proposal. Proposer’s failure to take timely exception to VTA’s terms and conditions expressly waives Proposer’s right to challenge or request modification of such terms and conditions and is conclusive evidence of Proposer’s assent thereto. ο Proposer takes exception to the following:

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St. Helena City CouncilFebruary 13, 2024

St. Helena City Council
February 13, 2024