Agenda — Susanville City Council, November 20, 2024

CALL TO ORDER

ROLL CALL

1. APPROVAL OF AGENDA: (Additions and/or Deletions)

2. PUBLIC COMMENT REGARDING CLOSED SESSION ITEMS (if any): Any person may address the Council at this time upon any subject for discussion during Closed Session.

3. CLOSED SESSION:

A. CONFERENCE WITH LABOR NEGOTIATORS - pursuant to Government Code Section §54957.6

1. Management Unit

4. RETURN TO OPEN SESSION: (recess if necessary)
Reconvene in open session at 5:00pm
Pledge of allegiance
Invocation
Report any changes to agenda
Report any action out of Closed Session
Proclamations, awards or presentations by the City Council

5. BUSINESS FROM THE FLOOR: Any person may address the Council at this time upon any subject on the agenda or not on the agenda within the jurisdiction of the City Council. However, comments on items on the agenda may be reserved until the item is discussed and any matter not on the agenda that requires action will be referred to staff for a report and action at a subsequent meeting.

Presentations are subject to a five-minute limit.

6. CONSENT CALENDAR: All matters listed under the Consent Calendar are considered to be routine by the City Council. There will be no separate discussion on these items. Any member of the public or the City Council may request removal of an item from the Consent Calendar to be considered separately.

6.A Minutes of the City Council November 6, 2024 regular meeting.

6.B Vendor and payroll warrants

7. PUBLIC HEARINGS: No business.

8. COUNCIL DISCUSSION/ANNOUNCEMENTS:

9. NEW BUSINESS:

9.A Consider Resolution No. 24-6378, approving and accepting a donation of $2,000 from the

CITY OF SUSANVILLE
66 N. Lassen Street • Susanville CA
Mendy Schuster, Mayor
Russ Brown, Mayor pro tem
Dawn Miller • Patrick Parrish • Curtis Bortle
Susanville City Council
Regular Council Meeting • City Council Chambers
Wednesday, November 20, 2024 – 4:30 PM
1 Walmart Spark Good Foundation for the Fire Department and Police Department.

9.B Consider Resolution No. 24-6379, authorizing the City Manager to execute a contract with Sunrise Engineering Inc. to design a 2,100 foot extension of the city's eight inch polyethylene natural gas pipeline.

9.C Consider Resolution No. 24-6380, authorizing the Mayor to execute a Letter Agreement for Consultative Services with Interstate Gas Services Inc. (Dan Bergman) for consulting assistance related to the the City's natural gas utility.

9.D Consider Resolution No. 24-6381, authorizing Mayor to sign a Program Supplement Agreement Revision with Caltrans for the Riverside Drive Trail Project and authorize the budget amendment to the 2007 budget for the Riverside Drive Trail Project.

9.E Consider Resolution No. 24-6382, Supporting Sacred Heart Church procession in honor of Our Lady of Guadalupe and authorizing closure of Nevada street from N. Roop street to Weatherlow Street Â and Union Street from North Alley to North Street on Sunday, December 8, 2024, from 12:00 pm to 1:00 pm.

9.F Consider Resolution No. 24-6383, authorizing the Finance Director to increase the golf course community services budget by $7,500 and authorizing the City Manager to execute an agreement with Smith's Pumps for repairs needed at the well pump located on the front nine near the Wingfield Clubhouse at the Diamond Mountain Golf Course

10. SUSANVILLE COMMUNITY REDEVELOPMENT AGENCY: No business.

11. SUSANVILLE MUNICIPAL ENERGY CORPORATION: No business.

12. CONTINUING BUSINESS:

12.A Consider waiving second reading and adopting Ordinance No. 24-1046, amending Chapter 3 for Title 3, Revenue and Finance of the Susanville Municipal Code, including sections

3.08.010 through 3.08.200.

12.B Consider Resolution No. 24-6385, authorizing the Mayor to execute a contract with PACE Engineering, Inc. to provide engineering services for the HVAC Replacement Project at Susanville Fire Department.

12.C Discussion regarding 830 Main Street - St. Francis

13. CITY MANAGER'S REPORTS:

13.A Department Reports

14. FUTURE COUNCIL ITEMS:

14.A Future Council Items

15. ADJOURNMENT:

The next regular meeting of the Susanville City Council will be held on December 4, 2024 at 4:30PM.

Reports and documents relating to each agenda item are on file in the Office of the City Clerk and are available for public inspection during normal business hours and at the meeting. These reports and documents are also available at the City’s website www.cityofsusanville.net, unless there were systems 2 problems posting to the website.

Accessibility: An interpreter for the hearing-impaired may be made available upon request to the City Clerk seventy-two hours prior to a meeting. A reader for the vision-impaired for purposes of reviewing the agenda may be made available upon request to the City Clerk. The location of this meeting is wheelchair-accessible.

I, Heidi Whitlock, certify that I caused to be posted notice of the regular meeting scheduled for November 20, 2024 in the areas designated on November 15, 2024 .
3 AGENDA ITEM NO. 6.A
Action Item
Submitted By: Heidi Whitlock, City Clerk
Action Date: November 20, 2024
SUBJECT: Minutes of the City Council November 6, 2024 regular meeting.

PRESENTED BY: Heidi Whitlock, City Clerk
SUMMARY: Attached for the Council’s review are the minutes of the City Council’s November 6, 2024 regular meeting.

FISCAL IMPACT: None
ACTION REQUESTED: Motion to waive the reading of and approval to receive and file the City Council's minutes from the October 16, 2024 regular meeting.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
241106.cc.min.draft.pdf
4 SUSANVILLE CITY COUNCIL
Regular Council Meeting Minutes
WEDNESDAY, NOVEMBER 6, 2024 – 4:30 PM
Mayor Schuster called the meeting to order at 4:30pm.

Roll Call of Councilmembers Present: Schuster, Brown, Bortle, Parrish, Miller

1. APPROVAL OF AGENDA:

Moved by Bortle; seconded by Brown to approve the agenda with the following change: Item 9D to be heard prior to 7a.

Motion Carried: 5 - 0
Voting For: Schuster, Brown, Bortle, Parrish, Miller
Voting Against: None

2. PUBLIC COMMENT REGARDING CLOSED SESSION ITEMS (if any): No comment.

3. CLOSED SESSION:

The council convened in closed session at 4:32pm to discuss the following:

A. PUBLIC EMPLOYMENT - pursuant to Government Code Section §54957

1. City Manager evaluation - priority setting
B. CONFERENCE WITH LABOR NEGOTIATORS - pursuant to Government Code Section §54957.6

1. Admin Unit

2. Management Unit

4. RETURN TO OPEN SESSION:

The council reconvened in open session at 5:02pm. The pledge of allegiance and invocation were provided.

Leanne Vanderley, public, offered a prayer.

Dan Newton, City Manager, stated that prior to convening in closed session, the council approved the agenda with the change of moving item 9D being heard prior to 7A. He continued that they then met in closed session to discuss item 3B of the above-mentioned closed session items where direction was provided to staff but no reportable action was taken. The Council will reconvene in closed session after the conclusion of open session to continue with the remaining items.

Mayor Schuster offered a proclamation observing Veteran's Day.

5. BUSINESS FROM THE FLOOR:

Jim McCarthy, public, provided the council an email and stated his displeasure with the Planning Commission Frontier Inn and his displeasure with the overhang still being present.

Another member of the public stated her desire to see a program and facilities for the homeless youth of the community.

Susan Baxter, public, expressed her concern with the homeless in the area and believes the city should consider the old Uppal building.

Dawn Morolini, public, stated that she remembers when the community members took pride in their homes and the community. She requested that code enforcement take care of it. 5 6. CONSENT CALENDAR:

Moved by Brown; seconded by Parrish to approve.

Motion Carried: 5 - 0
Voting For: Schuster, Brown, Bortle, Parrish, Miller
Voting Against: None

6.A Minutes of the City Council October 16, 2024, regular meeting.

Motion to waive the reading of and approval to receive and file the City Council's minutes from the October 16, 2024, regular meeting.
241016.cc.min.draft.pdf

6.B Consider Resolution No. 24-6371, approving and authorizing the mayor to execute a Memorandum of Understanding with the Administrative Unit.

Motion to approve Resolution No. 24-6371, approving and authorizing the mayor to execute a Memorandum of Understanding with the Administrative Unit. 24-6371.pdf
2024.27 ADMIN MOU FINAL.pdf

9.D Discussion regarding 830 Main Street - St. Francis
Review emergency actions taken to safeguard the public and determine if it is necessary to continue the emergency action.

Mr. Newton stated that there was a fire that destroyed the hotel on main street the day the agenda went out, therefore, there was not much information at that time. He then provided an explanation of what happened and requested that the council continue the emergency action to proceed for the safety of the public. At such a time that the emergency ends, the procurement process will be followed.

Dawn Morolini, public, asked who would pay for it and how long it is until it is removed.

Mr. Newton stated that it is the property owner’s responsibility. However, there was no insurance. If nothing is done by the owner, the city will need to step in.

Kim Carson, public, neighbor to the left of the St. Francis, has seen the property go downhill. She stated that her two-year-old roof now needs to be replaced, and she is also required to inspect her HVAC system. She added that she is also now losing income and requested the building be taken care of as soon as possible.

Jim McCarthy, public, stated his displeasure with the city's code enforcement efforts and the lack of
Council Member Parrish motioned to continue to emergency action, Bortle seconded.

Motion carried unanimously.

Council Member Bortle praised staff for their quick response to the emergency. However, he also stated that he is not happy that action was not taken on the St. Francis and apologized to the public that the council did not set this item as a priority. 6 Council Member Parrish stated that it hurt to see the St. Francis as it now is. He agreed that it needed to be addressed as soon as possible. He added that there are limits to staff and resources, but we are all invested and want to fix it and urged the public to SeeClickFix anything that they see needs fixed.

Mayor Schuster shared memories that she had at the St. Francis. She thanked the Goni family for the memories and thanked city staff for their hard work.

Chief Bollinger provided stats on how fast the fire took off and the other agencies who assisted in the effort. He also thanked Lance Monath for providing video footage as they were taken into custody.

7. PUBLIC HEARINGS:

7.A Consider Resolution No. 24-6376, upholding the City of Susanville Planning Commission's decision to assess penalties in the amount of $10,000.00 for violations of the Susanville Municipal Code by PC Resolution No. 24-1177 for 6 Monrovia Street nuisance abatement order 2023-005.

Mayor Schuster opened the public hearing at 5:43pm.

Michael Prettyman, Code Enforcement Officer, provided the history of the property and why the item is before the council. He continued by requesting the council uphold the decision of the Planning Commission by approving Resolution No. 24-6376.

Rita Heath, public, inquired about the timeframe.

Mayor Schuster closed the public hearing at 5:48pm.
24-6376.pdf
Nuisance Abatement Order After Hearing NA2023-005 - 6 Monrovia.doc 24-6-11 Monrovia Signed Notice of Hearing (owner).pdf
24-6-25 Request for Extension.pdf
24-7-8 Notice of Continuation.pdf
24-7-15 Notice of Public Hearing 1.pdf
24-8-13 Reso. 24-1177.pdf
24-9-3 Appeal Request.pdf
24-10-2 Notice of Appeal Hearing.pdf
24-10-18 Posted Notice of Appeal Hearing.jpg
24-10-18 Notice of Public Hearing Posting.docx
24-10-23 InterMntn. Public Hearing Notice.docx
24-10-29 Inspection Photos.pdf
Motion to approve Resolution No. 24-6376, upholding the City of Susanville Planning Commissions decision to assess penalties in the amount of $10,000.00 for violations of the Susanville Municipal Code by PC Resolution No. 24-1177 for 6 Monrovia Street nuisance abatement order 2023-005.

Moved by Miller; seconded by Bortle to approve.

Motion Carried: 5- 0
Voting For: Schuster, Brown, Bortle, Parrish, Miller
Voting Against: None

8. COUNCIL DISCUSSION/ANNOUNCEMENTS:

Council Member Bortle provided the Land Acknowledgement Statement. 7 9. NEW BUSINESS:

9.A Consider Resolution No. 24-6373, approving the closure of Main Street from Cottage Street to Weatherlow Street on Saturday, December 7, 2024, from 4:00pm to 7:00pm in support of the Lassen County Chamber of Commerce Annual Magical Country Christmas Celebration, waive all cost associated with the road closure and contribute Civic Contribution Funds towards the cost of the Firework Display.

Bob Godman, Public Works Director, provided an explanation of the item and requested approval of Resolution No. 24-6373.

Mr. Newton stated that each council member has $1,000 in civic contribution.

Melanie Westbrook, Chamber, stated that the fireworks cost over $9,000.

Mayor Schuster offered $500 in civic contributions.

Council Member Bortle offered $300 in civic contributions. 24-6373.pdf
Chamber_letter_of_request_2024.pdf
Moved by Bortle; seconded by Brown to approve Resolution No. 24-6373 including a donation by Mayor Schuster in the amount of $500 and Council Member Bortle in the amount of $300 from their civic contribution budgets.

Motion Carried: 5- 0
Voting For: Schuster, Brown, Bortle, Parrish, Miller
Voting Against: None

9.B Consider Resolution No. 24-6377, authorizing the City Manager to execute a contract with Nevada Barricade & Sign Company Inc for roadway lane striping and authorize the Finance Director to modify the budget as necessary to complete the work.

Director Godman provided an explanation of the item and requested approval of Resolution No. 24-6377.

Council Member Brown inquired as to when it should happen to which Director Godman responded that they are projecting they could start this Monday. 24-6377.pdf
Motion to approve Resolution No. 24-6377, authorizing the City Manager to execute a contract with Nevada Barricade & Sign Company Inc for roadway lane striping and authorize the Finance Director to modify the budget as necessary to complete the work.

Moved by Bortle; seconded by Brown to approve Resolution No. 24-6377 authorizing the City Manager to execute a contact with Nevada Barricade & Sign Company Inc for roadway lane striping and authorize the Finance Director to modify the budget as necessary to complete the work.

Motion Carried: 5- 0
Voting For: Schuster, Brown, Bortle, Parrish, Miller
Voting Against: None
8 9.C Consider waiving first reading and introducing Ordinance No. 24-1046, amending Chapter 3 for Title 3, Revenue and Finance of the Susanville Municipal Code, including sections

3.08.010 through 3.08.200.

Mr. Newton provided an explanation of Ordinance No. 24-1046 and requested council approval to waive the first reading and introduce. He added that this item would come back on the 20th including the policy.
24-1046.pdf
Motion to waive first reading and introduce Ordinance No. 24-1046, amending Chapter 3 for Title 3, Revenue and Finance of the Susanville Municipal Code, including sections

3.08.010 through 3.08.200.

Moved by Brown; seconded by Bortle to approve.

Motion Carried: 5- 0
Voting For: Schuster, Brown, Bortle, Parrish, Miller
Voting Against: None

9.D Discussion regarding 830 Main Street - St. Francis – Item heard prior to item 7A.

10. SUSANVILLE COMMUNITY REDEVELOPMENT AGENCY: No business.

11. SUSANVILLE MUNICIPAL ENERGY CORPORATION: No business.

12. CONTINUING BUSINESS:

12.A Consider Ordinance No 24-1045, Amending Chapter 2, Sections 2.04.070 and

2.04.160(3)(b) of the city of Susanville Municipal Code related to the order of business and addressing the council.

Heidi Whitlock, City Clerk, provided an explanation of the item, requested the second reading be waived and Ordinance No. 24-1045 be approved by the council. 24-1045 order of business & addressing council.pdf
Waive the second reading and adopt Ordinance No. 24-1045, Amending Chapter 2, Sections 2.04.070 and 2.04.160(3)(b) if the city of Susanville Municipal Code related to the order of business and addressing the council.

Moved by Bortle; seconded by Brown to approve.

Motion Carried: 5-0
Voting For: Schuster, Brown, Bortle, Parrish, Miller
Voting Against: None

13. CITY MANAGER'S REPORTS:

13.A Department Reports Information only.

Department heads in attendance provided updates on the happenings within their departments.

Mr. Newton mentioned that the first meeting in January falls on the first which is a holiday.

He requested discussion on either canceling the meeting or having it on the second, Thursday, as stated in the code.

14. FUTURE COUNCIL ITEMS:
9 14.A Future Council Items
Mr. Newton provided an explanation of the item and inquired of the council if any additional items were to be added to the list.

Council Member Bortle inquired about the strategic plan discussion to which Mr. Newton stated that staff should be in a good position to move forward with that come the first of the year. He added that Ms. Spade is also working with someone regarding an ED strategic plan, so the ground is being set up for those items. 241106.FutureItemsList.pdf
The council recessed at the end of open session at 6:25pm prior to reconvening in closed session.

The council reconvened in closed session at 6:38pm.

The council reconvened in open session at 8:06pm.

Mr. Newton stated that direction was provided to staff with no reportable action taken.

15. ADJOURNMENT: Meeting adjourned at 8:07pm.
_______________________________ ______________________________ Heidi Whitlock, City Clerk Mendy Schuster, Mayor
Approved on:
10 AGENDA ITEM NO. 6.B
Action Item
Submitted By: Alicia Cordova, Finance
Action Date: November 20, 2024
SUBJECT: Vendor and payroll warrants
PRESENTED BY: Chandra Jabbs, Finance Director
SUMMARY: Warrants dated October 3, 2024 through November 6, 2024 numbered 222098-222557.

FISCAL IMPACT: Accounts Payable vendor warrants totaling $612,458.80, plus $923,431.66 in payroll warrants, for a total of $1,535,890.46.

ACTION REQUESTED: Motion to receive and file

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
10-03-24.pdf
10-09-24.pdf
10-17-24.pdf
10-18-24.pdf
10-24-24.pdf
10-31-24.pdf
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13 14
15 16
17 18
19 20
21 22
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25 26
27 28
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31 32
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35 36
37 38
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41 42
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45 46
CITY OF SUSANVILLE Check Register - Payments by Vendor Page: 1 Check Issue Dates: 10/18/2024 - 10/18/2024 Oct 22, 2024 12:07PM Report Criteria:

Report type: GL detail
Check.Voided = False
GL Check Check Vendor Description Invoice Inv GL Account GL Account Title Seq Check Period Issue Date Number Number Payee Number Seq No Amount Amount 10/24 10/18/2024 222500 728 U.S. POSTMASTER UB BILLING GAS 10182024 1 7401-430-62-46 POSTAGE 432.59 432.59 10/24 10/18/2024 222500 728 U.S. POSTMASTER UB BILLING WATER 10182024 2 7110-430-42-46 POSTAGE 839.71 839.71 Total 10182024: 1,272.30 1,272.30
Grand Totals: 1,272.30 1,272.30
M = Manual Check, V = Void Check
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
AGENDA ITEM NO. 9.A
Action Item
Submitted By: Cheyenne Ratkey, Fire
Action Date: November 20, 2024
SUBJECT: Consider Resolution No. 24-6378, approving and accepting a donation of $2,000 from the Walmart Spark Good Foundation for the Fire Department and Police Department.

PRESENTED BY: M. Bengoa Bollinger, Public Safety Chief
SUMMARY: The Walmart Spark Good Foundation provides funding each year through their Local Community Grants program which aims to support and invest in communities in service areas of Walmart stores. Some of the needs that are addressed and awarded pertain to Public Safety Awareness and Prevention Programs. The Susanville Fire, and Police Departments each submitted an application for funds to help fulfill needs to continue to provide educational outreach to our community.

The Walmart Spark Good Foundation received the request and has awarded each department with a donation of $1,000.00. Upon approval and acceptance by the City Council, the Susanville Fire and Police Departments plans to utilize this funding to purchase public education supplies, prevention supplies, and educational promotions.

FISCAL IMPACT: Receive donation of $2,000.00 and increase the FY 2024/2025 Fire and Police Department Revenues and Expenditures in the amount of $1,000 each.

ACTION REQUESTED: Motion to approve Resolution No. 24-6378, approving and accepting a donation of $2,000 from the Walmart Spark Good Foundation for the Fire Department and Police Department.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
24-6378.pdf
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28 RESOLUTION NO. 24-6378

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE APPROVING AND ACCEPTING A DONATION OF $2,000 FROM THE

WALMART SPARK GOOD FOUNDATION FOR THE FIRE AND POLICE DEPARTMENTS WHEREAS, the city of Susanville has applied for funding to the Walmart Spark Good Foundation which provides funding to fire safety programs, first aid education programs, and funding support local public safety department programs; and WHEREAS, the city of Susanville fire department and police department has a need to purchase public education supplies, prevention supplies, and safety hand-out brochures; and WHEREAS, the city being authorized to accept gifts and donations; and WHEREAS, the City Council acknowledges that prevention supplies, education supplies, and safety hand-out brochures are valuable resources to the community.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby accepts the donation from the Walmart Spark Good Foundation in the amount of $1,000.00 each for the Fire Department and Police Department.

BE IT FURTHER RESOLVED that the Mayor is authorized to approve this donation on behalf of the city of Susanville and authorizes the Finance Director to modify the budget as necessary to accommodate the expenditure of funds received.

APPROVED: __________________________
Mendy Schuster, Mayor
ATTEST:___________________________
Heidi Whitlock, City Clerk
The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Susanville, held on the 20th day of November 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: ___________________________
Margaret Long, City Attorney
64 AGENDA ITEM NO. 9.B
Action Item
Submitted By: Bob Godman, Public Works
Action Date: November 20, 2024
SUBJECT: Consider Resolution No. 24-6379, authorizing the City Manager to execute a contract with Sunrise Engineering Inc. to design a 2,100 foot extension of the city's eight inch polyethylene natural gas pipeline.

PRESENTED BY: Bob Godman, Public Works Director
SUMMARY: In the upcoming General Plan a significant portion of land south and east of the Skyline Rd. and Johnstonville Rd. intersection is categorized as light or heavy industrial area. The City Water Division is currently planning a water main replacement from well #3, near Payless Building Supply, to City Gate. This project is planned to go to construction in Spring of 2025. Part of the water main plans is infrastructure, such as valves and tee's, to provide water to this area.

By adding in a natural gas line all City utilities would be in the area ready to serve new industry. Also by combining the water main project with the natural gas project construction costs will be much cheaper that a stand alone natural gas project. Sunrise engineering, the firm that originally designed the natural gas system in Susanville have given staff a proposal to design the extension for $29,354. This is a Public Works Project that is under $60,000, it can be done through negotiated contract through CUCCAC guidelines.

FISCAL IMPACT: $29,354 cost to the Natural Gas Division 7401 Budget, no impact to the general fund.

ACTION REQUESTED: Motion to approve Resolution No. 24-6379, authorizing the City Manager to execute a contract with Sunrise Engineering Inc. to design a 2,100 foot extension of the city's eight inch polyethylene natural gas pipeline.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:

Design Proposal - Sunrise Engineering - 2024.pdf
24-6379.pdf
65 September 19, 2024
Mr. Bob Godman
Public Works Director
720 South Street
Susanville, California 96130
Re: Proposal for Johnstonville Rd Natural Gas Line Extension Design Dear Mr. Godman,
Sunrise Engineering (SE, LLC) is pleased to provide the following proposal/agreement to the City of Susanville (CLIENT) for professional engineering services. SE, LLC agrees to perform the following identified services in accordance with the Terms and Conditions attached hereto.

ARTICLE 1. SCOPE OF SERVICE
Project
CLIENT is planning to extend one of their natural gas lines to a proposed industrial area in the City of Susanville. The extension would begin near the intersection of Johnstonville Rd and Riverside Dr and run East along Johnstonville Rd terminating near the intersection of Johnstonville Rd and Skyline Rd. The extension pipeline is anticipated to consist of approximately 2,100 feet of 8-inch polyethylene pipe. CLIENT has requested SE, LLC to design the extension project.

Proposals
SE, LLC proposes to provide imagery and existing visible utilities and features survey services and corresponding engineering and design services to the creation of a full construction plan set for the Johnstonville Rd Natural Gas Line Extension project. The plans shall include title sheet, construction notes, vicinity and location maps, certification sheet, plan views, hazardous location maps where required, construction details, and summary of material quantities.

All existing equipment specifications, existing as-built drawings, utility maps, pressure and flow conditions and requirements, and existing utility information relevant to the project that is available to CLIENT which SE, LLC is to include in the design consideration and drawings will be provided to SE, LLC by CLIENT.

Deliverables
Upon completion, SE, LLC will deliver to CLIENT one (1) electronic PDF copy of stamped plan set. 66 Not Included in Scope
• Topo, ROW, or Centerline Survey Work
• Profile View Drawings
• Construction Survey Work
• Potholing Work
• Design of New Station(s)
• Project Bidding or Construction Support
• Field Services Work
• On-site Visits other than Survey
• Engineer’s Estimates of Contractor’s Time and Materials • Project Specifications and Special Provisions
ARTICLE 2. COMPENSATION
CLIENT agrees to compensate SE, LLC for the services as described in the scope above on a Time and Material basis. It is anticipated that the scope above will require an estimated budget amount of Twenty Nine Thousand Three Hundred and Fifty Four Dollars ($29,354).

SE, LLC is able to perform additional engineering services for CLIENT upon request. Any additional services requested by CLIENT can be performed on a Time and Materials basis at the rates and fees shown in the attached Exhibit A.

SE, LLC looks forward to providing this and other services. If you have any questions regarding this agreement, please contact me at (435) 743-1117.

Sincerely,
Sunrise Engineering, Inc.

Marty Lunt
Natural Gas Design Manager
[email protected]
(435) 743-1117
Enclosures:

Exhibit A – Sunrise Engineering Fee Schedule
Exhibit B – Cost Estimate
Cc: Darren Fox, PE, Senior Vice President
Matthew Dutson, PE, Project Engineer
67 Work Work Hourly Work Work Hourly
Code Classification Rate Code Classification Rate
101 Engineer Intern (E.I.T.) I $120 451 Training Specialist I $168 102 Engineer Intern (E.I.T.) II $130 456 Training Manager $203 103 Engineer Intern (E.I.T.) III $140 460 Training Director $229 104 Engineer III $170 500 Funding Specialist $152
105 Engineer IV $185 510 Plan Reviewer $149
106 Engineer V $205 511 Building Inspector I $87
107 Senior Engineer $226 512 Building Inspector II $105 110 Principal Engineer $235 513 Building Inspector III $130 121 Electrical Engineer (E.I.T.)
I
$135 525 Building Official $152
122 Electrical Engineer (E.I.T.)
II $152 601 GIS Tech $83
123 Electrical Engineer III $175 602 GIS Tech II $103
124 Electrical Engineer IV $200 611 GIS Specialist I $130 125 Electrical Engineer V $225 613 GIS Analyst $154
126 Principal Electrical
Engineer $242 614 GIS Programmer $165
301 Engineering Tech I $93 615 GIS Team Leader $170
302 Engineering Tech II $110 51 Administrative I $60
303 Engineering Tech III $124 52 Administrative II $80
304 Engineering Tech IV $156 53 Administrative III $99
311 Electrical Tech I $105 96 Public Information Manager $143 312 Electrical Tech II $120 701 Planner I $102
313 Electrical Tech III $138 702 Planner II $118
314 Electrical Tech IV $154 703 Planner III $134
315 Electrical Tech V $173 704 Planner IV/Econ Develop $149 351 Construction Observer I $83 705 Planner V $170
352 Construction Observer II $94 712 Project Manager II $215 353 Construction Observer III $114 723 Water Rights Specialist III $160 354 Construction Observer IV $125 921 Survey Tech $93
401 CAD Drafter I $89 930 Survey CAD Tech $146
402 CAD Drafter II $100 935 One Man Survey Crew $170
403 CAD Drafter/Designer III $110 940 Survey Manager $180 404 CAD Drafter/Designer IV $120 945 Registered Surveyor $199 950 Principal Surveyor $224
Expense Rate Mark-Up
Mileage $0.59 per mile N/A
Field Vehicle (on site) $60 per day N/A
Per Diem Meals $57 per day N/A
Troxler Nuclear Density Gauge $50 per day N/A
High Density Scanner $175 per hr N/A
Material Testing Lab Work Actual Cost 15%
Outside Consultants, Aerial Photography, etc. Actual Cost 15% Lodging Actual Cost 10%
Other Expenses incurred Actual Cost 10%
Schedule will automatically change once per year every January, and could be subject to change on other occasions. Base 01-2024

SUNRISE ENGINEERING

FEE SCHEDULE

EXHIBIT A
Reimbursable Expense Schedule
68 EXHIBIT B
Manhour Estimate
104 105 106 110 403 404 611 53 712 921 930 935 940 945
No. Work Task Description
Engineer
III
Engineer
IV
Engineer
V
Principal
Engineer
CAD
Drafter/Designer
III
CAD
Drafter/De
signer IV
GIS
Specialist
I
Administrative
III
Project
Manager II Survey Tech
Survey CAD
Tech
One Man
Survey Crew
Survey
Manager
Registered
Surveyor
Direct
Costs Mileage (hours) ($)
1 Design and Engineering
2 Administration 2 4 6 $736
3 Coordination 6 2 2 10 $1,618
4 Engineering 16 4 20 $3,520
5 Survey (Mob., Imagery, Features, Utilities) $12,800 0 $12,800 6 Drawings 8 60 68 $7,960
7 QA/QC 16 16 $2,720
8 0 $0
9 0 $0
10 0 $0
11 0 $0
12 0 $0
13 0 $0
14 0 $0
15 0 $0
16 0 $0
17 0 $0
18 0 $0
19 Sub-total Hours/Miles/Days 48 6 0 0 60 0 0 6 0 0 0 0 0 0 12800 0 120 $29,354 Hourly Billing Rate $170.00 $200.00 $205.00 $235.00 $110.00 $120.00 $130.00 $99.00 $215.00 $93.00 $146.00 $170.00 $180.00 $199.00 N/A $0.59 Total Dollars $8,160 $1,200 $0 $0 $6,600 $0 $0 $594 $0 $0 $0 $0 $0 $0 $12,800 $0 GRAND TOTAL $29,354

JOHNSTONVILLE RD NATURAL GAS LINE EXTENSION PROJECT

CITY OF SUSANVILLE, CA
Sunrise Engineering, Inc.
9/19/2024 69
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RESOLUTION NO. 24-6379

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SUNRISE ENGINEERING INC. TO DESIGN A 2,100 FOOT EXTENTION OF THE CITY’S

EIGHT INCH POLYETHYLENE NATURAL GAS PIPEPLINE
WHEREAS, The city owns and operates the natural gas utility; and WHEREAS, the General Plan for the city of Susanville states that the city should update utilities to anticipate growth ; and
WHEREAS, the city’s water division is planning a water main replacement on Johnstonville Road; and
WHEREAS, there is a great cost efficiency in combining the eight-inch natural gas line extension with the water main replacement project; and
WHEREAS, Sunrise Engineering, Inc. has given the city an estimate to design the natural gas extension for $29,354.

NOW, THEREFORE, BE IT RESOLVED that the city council of the city of Susanville hereby authorizes the city manager to execute a contract with Sunrise Engineering to design a 2,100-foot extension of the city’s eight inch polyethylene natural gas pipeline.

APPROVED:_______________________
Mendy Schuster, Mayor
ATTEST:_______________________
Heidi Whitlock, City Clerk
The foregoing resolution was adopted at a regular meeting of the City Council of the City of Susanville, held on the 20th day of November 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
70 AGENDA ITEM NO. 9.C
Action Item
Submitted By: Bob Godman, Public Works
Action Date: November 20, 2024
SUBJECT: Consider Resolution No. 24-6380, authorizing the Mayor to execute a Letter Agreement for Consultative Services with Interstate Gas Services Inc. (Dan Bergman) for consulting assistance related to the the City's natural gas utility.

PRESENTED BY: Bob Godman, Public Works Director
SUMMARY: The City has contracted for over 20 years for natural gas purchasing consultation with International Gas Services Inc. Mr. Bergman has help steer the purchasing of natural gas for the City to the point that we are at today being able to provide an essential utility to the citizens of Susanville at a very affordable rate. This is a Public Works consultation project and as such is exempt from CUCCAC
requirements.

FISCAL IMPACT: IGS's fee structure calls out $225 per hour for service and $75 per hour for driving time to and from Susanville, along with mileage (prevailing IRS rate) and lodging actual cost not to exceed $200 per night, all paid from the Natural Gas Division 7401 fund, with no cost to the general fund.

ACTION REQUESTED: Motion to approve Resolution No. 24-6380, authorizing the Mayor to execute a Letter Agreement for Consultative Services with Interstate Gas Services Inc. (Dan Bergman) for consulting assistance related to the the City's natural gas utility.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
24-6380.pdf
IGS Agreement November 2024 Proposed.docx
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE

AUTHORIZING THE MAYOR TO EXECUTE A LETTER AGREEMENT FOR CONSULTIVE SERVICES WITH INTERSTATE GAS INC. FOR NATURAL GAS REGULATION AND

PURCHASING CONSULTATION
WHEREAS, the city operates the natural gas utility; and WHEREAS, there are extensive state and federal government regulations which govern natural gas utilities; and
WHEREAS, purchasing of natural gas requires specialized expertise; and WHEREAS, Interstate Gas Services have offered to extend their exemplary consulting services to the city for $225 per hour, with travel rates of $75 per hour drive time plus milage and lodging not to exceed $200 per night.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby authorizes the mayor to execute a Letter Agreement for consultive services with Interstate Gas Services, Inc. for natural gas regulation and purchasing consultation.

APPROVED:_______________________
Mendy Schuster, Mayor
ATTEST:_______________________
Heidi Whitlock, City Clerk
The foregoing resolution was adopted at a regular meeting of the City Council of the city of Susanville, held on the 20th day of November 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
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LETTER AGREEMENT FOR CONSULTATIVE SERVICES
November 2024 Agreement
This Letter Agreement sets forth the agreement and understanding between the City of Susanville and Interstate Gas Services, Inc. (DBA IGS or IGService) for the purpose of IGS providing ongoing consulting assistance related to Susanville’s utility infrastructure. This Agreement replaces all previous Letter Agreements between the parties.

SCOPE OF SERVICES:

IGS shall provide Susanville with consultative services related primarily to Susanville’s natural gas system, and water as requested. Services requested by Susanville may vary from time to time depending on specific needs and may be redefined at any time by the City Manager or Public Works Director. This Agreement includes specific Monthly Tasks and Special Tasks as listed below. Any other services shall be approved in writing (email acceptable) by the City Manager or Public Works Director.

MONTHLY TASKS (as needed):
 Respond to phone and email inquiries
 Ongoing gas procurement support
 Confirm monthly wholesale gas statements
 Maintain gas system gas balance workbook
 Generate reports showing customers on nonstandard rates  Support with PHMSA gas safety compliance, as requested Monthly Tasks shall not exceed four hours per month.

SPECIAL TASKS:
 Annual natural gas report each September.
 September 2025 water report following the first year the new water rates in place.

The annual natural gas report shall not exceed 16 billing hours. The September 2025 water report shall not exceed 16 billing hours. Travel and lodging shall be added.

FEE STRUCTURE:

IGS’ fee structure shall be as follows.

Hourly Rates
$215 per hour
$75 per hour for driving time to and from Susanville
Expenses
Mileage: Prevailing published IRS rate
Lodging: Actual cost, not to exceed $200 per night
TERM:

This Agreement commences when fully executed, and shall continue until terminated by either party, which termination may occur with or without cause on 10 days written notice. This Agreement supersedes all previous agreements between the parties hereto.

CONFIDENTIALITY:

IGS and Susanville recognize and agree that during the term hereof, both will gain access to certain information critical to the ongoing business operations of each entity. Such may include, 73

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but not be limited to, customers, clients, and supplier identities, transportation arrangements and terms, and conditions of certain contractual arrangements relative to the above. Both parties to this Agreement specifically agree to keep any and all such information strictly confidential throughout the term defined hereunder and subsequent to the termination of this Agreement. IGS and Susanville further agree not to utilize any such information to circumvent such ongoing business activities of each other, either directly and/or through third parties.

INDEPENDENT CONTRACTOR:

In performing under this Agreement, IGS shall act at all times as an independent contractor. IGS shall not make any commitment or incur any charge or expense in the name of Susanville.

IGS expressly agrees, acknowledges, and stipulates that neither this Agreement nor the performance of its obligations or duties thereunder shall ever result in IGS, or anyone employed by IGS, being:

A. An employee, agent, servant or representative of Susanville; or B. Entitled to any benefits from Susanville, including, without limitation, pension, profit sharing, accident insurance, or health, medical, life, or disability insurance benefits or coverage, to which employees of Susanville are entitled.

The sole and only compensation and/or benefit of any nature to which IGS shall be entitled are the payments provided for herein. Susanville shall have no direction or control of IGS or its employees and agents except in the results to be obtained subject to Susanville’s right to review/inspect the services. The actual performance and supervision of all services shall be by IGS, but the services shall meet the approval of Susanville.

SOCIAL SECURITY AND WAGE TAX LIABILITY/WORKER’S COMPENSATION INSURANCE:

IGS agrees to pay timely and to accept exclusive liability for the payroll taxes, contributions for unemployment compensation insurance, old age benefits, social security, and any other payments now or hereafter imposed by the Government of the United States or by any state or political subdivision thereof, which are measured by the wages, salaries or other remuneration paid to IGS’ employees. IGS agrees to indemnify Susanville and save it free and harmless from and against any and all taxes, contributions, and/or payments imposed by law upon IGS. IGS will at all times carry and provide worker’s compensation insurance coverage for its employees.

ASSIGNMENTS AND SUBCONTRACTS:

This Agreement and all duties and obligations described hereunder are personal in nature.

Accordingly, IGS shall not assign this Agreement or any portion thereof or subcontract to another party.

PAYMENT:

IGS shall bill Susanville on a monthly basis for work completed. Susanville shall pay bills from IGS within 30 days after receipt.

CONTACT INFORMATION:

Communication between IGS and Susanville shall be directed to the address and contact information shown below. Formal communication and notices shall be in written form. The Parties accept email as a communication tool.

City of Susanville City of Susanville
66 North Lassen Street
Susanville, CA 96130
Attn: Public Works Director
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IGService IGService
15 Shasta Lane
Walnut Creek, CA 94597
Attn: Dan Bergmann
ATTORNEYS FEES:

In the event either party commences legal action in the courts or in arbitration to enforce or interpret any of the terms of this Agreement, the prevailing party in such action shall be entitled to an award of its reasonable attorney’s fees and costs.

INDEMNITY:

IGS shall defend, indemnify and hold harmless the City and all City employees and agents from all claims, liabilities and actions filed against them in the courts or in arbitration or otherwise, which result from IGS’ work or actions hereunder. City shall defend, indemnify and hold harmless IGS, its employees and agents from all claims, liabilities and actions filed against them in the courts or in arbitration or otherwise, which result from the City’s actions hereunder.

If the above conditions and terms meet with your approval, please sign below.

CITY OF SUSANVILLE:

By: Date
Mayor
City of Susanville
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney
INTERSTATE GAS SERVICES, INC. (DBA IGService or IGS)
By: Date
Dan Bergmann
President
IGS
75 AGENDA ITEM NO. 9.D
Action Item
Submitted By: Erik Edholm, Public Works
Action Date: November 20, 2024
SUBJECT: Consider Resolution No. 24-6381, authorizing Mayor to sign a Program Supplement Agreement Revision with Caltrans for the Riverside Drive Trail Project and authorize the budget amendment to the 2007 budget for the Riverside Drive Trail Project.

PRESENTED BY: Bob Godman, Public Works Director
SUMMARY: The Riverside Trail Project is dually funded through the State Transportation Improvement Program (STIP) and Active
Transportation Program (ATP). The project is located on the embankment of the old mill ponds south of Riverside Drive. The project is currently in the Right of Way and Design phases. An additional $400,000 of Right of Way ATP funding was recently allocated to the project. A Program Supplement Agreement Revision is needed for reimbursement of Right of Way and Design expenses.

FISCAL IMPACT: $450,000 in Right of Way and $300,000 in design funds through State Transportation Improvement Program and Active Transportation Program. This project is funded with state transportation funds, no local match is anticipated.

ACTION REQUESTED: Motion to approve Resolution No. 24-6381, authorizing Mayor to sign a Program Supplement Agreement Revision with Caltrans for the Riverside Drive Trail Project and authorize the budget amendment to the 2007 budget for the Riverside Drive Trail Project.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
24-6381.pdf
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE

AUTHORIZING THE MAYOR TO EXECUTE A PROGRAM SUPPLEMENT AGREEMENT

REVISION FOR RIVERSIDE DRIVE TRAIL PROJECT IN SUSANVILLE AND AUTHORIZE

THE FINANCE DIRECTOR TO MAKE NECESSARY BUDGET AMENDMENTS TO THE 2007 BUDGET FOR THE RIVERSIDE DRIVE TRAIL PROJECT
WHEREAS, the Riverside Drive Trail Project is dually funded through the State Transportation Improvement Program (STIP) and the Active Transportation Program (ATP); and
WHEREAS, projects funded through the STIP and ATP are delivered in four (4) project components, Environmental Authorization & Project Documents (EA&PD), Plans Specifications and Engineering (PS&E), Right of Way (R/W), and Construction; and WHEREAS, the Riverside Drive Trail Project is currently in the R/W & PS&E phases; and WHEREAS, the city and Caltrans have an existing Program Supplement Agreement for the project; and
WHEREAS, a revision to the Program Supplement Agreement is required to include the additional R/W allocation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Susanville hereby authorizes the mayor to execute the Program Supplement Agreement Revision for Riverside Drive Trail Project and further authorizes the Finance Director to make necessary budget amendments to the 2007 budget for the Riverside Drive Trail Project.

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
77 AGENDA ITEM NO. 9.E
Action Item
Submitted By: Marci Rojas, Public Works
Action Date: November 20, 2024
SUBJECT:

Consider Resolution No. 24-6382, Supporting Sacred Heart Church procession in honor of Our Lady of Guadalupe and authorizing closure of Nevada street from N. Roop street to Weatherlow Street and Union Street from North Alley to North Street on Sunday, December 8, 2024, from 12:00 pm to 1:00 pm.

PRESENTED BY: Bob Godman, Public Works Director
SUMMARY:

City Council support is requested for the Sacred Heart Church’s procession in honor of Our Lady of Guadalupe. For the event, the church requests permission to conduct a procession in honor of Our Lady of Guadalupe on Sunday, December 8, 2024. The church anticipates approximately 50 – 75 people to participate in this procession, which will include persons walking, a small parade float and Mexican dancers. This procession would begin at noon and take approximately twenty to thirty minutes. For the procession, the church has requested the closure of Nevada Street from N. Roop Street to Weatherlow Street and Union Street from North Alley to North Street.

FISCAL IMPACT:

Estimated cost of $370 for Public Works Department staff to close Nevada Street and Weatherlow Street.

ACTION REQUESTED:

Motion to approve Resolution No. 24-6382, Supporting Sacred Heart Church procession in honor of Our Lady of Guadalupe and authorizing closure of Nevada street from N. Roop street to Weatherlow Street and Union Street from North Alley to North Street on Sunday, December 8, 2024, from 12:00 pm to 1:00 pm.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
24-6382.pdf
Sacred Heart Church 2024 Request.pdf
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE

SUPPORTING SACRED HEART OF JESUS CATHOLIC CHURCH PROCESSION IN HONOR

OF OUR LADY OF GUADALUPE AND AUTHORIZING CLOSURE OF NEVADA STREET FROM N. ROOP STREET TO WEATHERLOW STREET AND UNION STREET

FROM NORTH ALLEY TO NORTH STREET ON
SUNDAY, DECEMBER 8, 2024, FROM 12:00 PM TO 1:00 PM
WHEREAS, City council support is requested for the Sacred Heart of Jesus Catholic Church’s procession in honor of Our Lady of Guadalupe to be held on Sunday, December 8, 2024, from 12:00pm to 1:00pm; and
WHEREAS, the event requires the closure of Nevada Street from N. Roop Street to Weatherlow Street and Union Street from North Alley to North Street on Sunday, December 8, 2024, from 12:00pm to 1:00pm for the event.

NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Susanville hereby supports the Sacred Heart of Jesus Catholic Church’s procession in honor of Our Lady of Guadalupe to be held on Sunday, December 8, 2024, from 12:00pm to 1:00pm and authorizes the closure of Nevada Sreet. from N. Roop Street to Weatherlow Street and Union Street from North Alley to North Street on Sunday, December 8, 2024, from 12:00pm to 1:00pm.

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
79 80
AGENDA ITEM NO. 9.F
Action Item
Submitted By: Jolene Arredondo, Administrative Services Action Date: November 20, 2024
SUBJECT: Consider Resolution No. 24-6383, authorizing the Finance Director to increase the golf course community services budget by $7,500 and authorizing the City Manager to execute an agreement with Smith's Pumps for repairs needed at the well pump located on the front nine near the Wingfield Clubhouse at the Diamond Mountain Golf Course PRESENTED BY: Jolene Arredondo, Assistant to the City Manager SUMMARY: The Wingfield Clubhouse has been experiencing issues with the pump located on the front nine that feeds water to the Wingfield Clubhouse as well as the residence located on Wingfield Road. City staff has met with LMUD to determine there is no issues with the inlet power and has met with local pump technicians to determine the repairs needed to the pump and motor. Public Works staff obtained three quotes from qualified local vendors for the following amounts:
$7,143.50, $7,788.53 and $5,542.59 for labor and repair parts needed. Public Works staff has vetted each quote and has determined that Smith's Pumps is the lowest quote obtained for the repair. Staff is requesting a budget increase to the golf course budget to make the necessary repairs and allow for a contingency in the agreement with Smith's Pumps as well as allow for Public Works staff time on the repair project.

FISCAL IMPACT: Increasing the operation budget at the Diamond Mountain Golf Course by $7,500 for well pump and motor repairs
ACTION REQUESTED: Motion to approve Resolution No. 24-6383, authorizing the Finance Director to increase the golf course community services budget by $7,500 and authorizing the City Manager to execute an agreement with Smith's Pumps for repairs needed at the well pump located on the front nine near the Wingfield Clubhouse at the Diamond Mountain Golf Course

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
24-6383.pdf
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE

AUTHORIZING THE FINANCE DIRECTOR TO INCREASE THE GOLF COURSE COMMUNITY SERVICES BUDGET BY $7,500 AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SMITH’S PUMPS FOR REPAIRS NEEDED AT THE

WELL PUMP LOCATED ON THE FRONT NINE NEAR THE WINGFIELD CLUBHOUSE AT

THE DIAMOND MOUNTAIN GOLF COURSE
WHEREAS, the city of Susanville owns and operates the Diamond Mountain Golf Course; and
WHEREAS, a component of operations at the Diamond Mountain Golf Course is maintaining the facility located on Wingfield Clubhouse; and WHEREAS, a pump and motor failure occurred on November 2, 2024, diagnosed by city staff, Lassen Municipal Utility District staff, and water pump professionals; and WHEREAS, Smith’s Pumps Inc. can order and install the necessary parts to reinstate the operations of the well pump.

NOW, THEREFORE, BE IT RESOLVED that the city council of the city of Susanville hereby authorizes the following:

1. Authorize the Finance Director to increase the Diamond Mountain Golf Course budget by $7,500; and

2. Authorize the City Manager to execute an agreement with Smith’s Pumps for the well pump repairs.

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
82 AGENDA ITEM NO. 12.A
Action Item
Submitted By: Dan Newton, Administrative Services
Action Date: November 20, 2024
SUBJECT: Consider waiving second reading and adopting Ordinance No. 24- 1046, amending Chapter 3 for Title 3, Revenue and Finance of the Susanville Municipal Code, including sections 3.08.010 through

3.08.200.

PRESENTED BY: Dan Newton, City Manager
SUMMARY: Procurement practices and policies play a crucial role in promoting transparency, efficiency, and accountability in the acquisition of goods and services by the city. Chapter 3.08 "Purchasing System" of the city's municipal code addresses the authorities of city officials in procuring goods and services for the city. The purpose of chapter 3.08 is to establish efficient procedures for purchasing and to ensure that the lowest possible costs are paid commensurate with the quality of goods and services that are needed. The proposed modifications to Chapter 3.08 provide efficiencies in procurement of goods and services. Additionally, the proposed modifications provide clarity for several important procurement processes, including public project procurement, procurement in times of emergencies, and others.

Staff is requesting that City Council waive the second reading and adopt the ordinance. Upon adoption of the Ordinance, staff will finalize the accompanying purchasing policy and credit card policy for presentation to the City Council at the December 4, 2024 City Council Meeting. It is imperative to update the city's Credit Card Policy as the city staff utilizes the credit card program frequently to procure services and supplies.

Key purchasing System Changes:

City Manager authorized to execute service agreements in the amount not to exceed $25,000
Department Heads authorized to execute service agreements in the amount not to exceed $15,000
Addition of language requiring written agreements for services over $3,000.

Addition of Professional Services Procurement
Expansion of public project procurement procedures

SUSANVILLE CITY COUNCIL AGENDA ITEM
83 Addition of informal bidding process for public projects Adding clarity to better distinguish public project
procurements from nonpublic project procurements
Increased clarity in the roles and responsibilities of city officials, including the finance director, city manager, city clerk and department heads.

FISCAL IMPACT: None
ACTION REQUESTED: Motion to waive second reading and adopt Ordinance No. 24-1046, amending Chapter 3 for Title 3, Revenue and Finance of the Susanville Municipal Code, including sections 3.08.010 through

3.08.200.

ATTACHMENTS:
24-1046.pdf
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AN ORDINANCE OF THE CITY OF SUSANVILLE
AMENDING CHAPTER 03 OF TITLE 3, REVENUE AND FINANCE, OF THE

SUSANVILLE MUNICIPAL CODE INCLUDING
SECTIONS 3.08.010 THROUGH 3.08.200
The city council of the city of Susanville does ordain as follows:

Section 1. City of Susanville Municipal Code: Title 3 Revenue and Finance, Chapter 03, Sections 3.08.010 3.08.030, 3.08.050, 3.08.060, 3.08.070, 3.08.090, 3.08.100, 3.08.110,

3.08.130, 3.08.140, 3.08.160, 3.08.180, 3.08.190, and 3.08.200 shall hereby amended to provide as follows:

3.08.010 Adoption of a purchasing system.

In order to establish efficient procedures for purchasing of supplies, equipment, professional services and nonprofessional services, to secure for the city supplies and equipment at the lowest possible cost commensurate with the quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is adopted.

For the purposes of this chapter:

A. Department head shall mean, the city clerk, public safety chief, public works director, finance director, economic development director, or any other city official designated as a department head by the city council.

B. Professional services shall mean services provided to the city that are any of the following:

1. Professional architectural

2. Landscape architectural

3. Professional Engineering

4. Environmental

5. Land Surveying

6. Construction Project Management

7. Legal

8. Accounting

9. Professional Planning Services

10. Administrative Services

3.08.030 Purchasing authority designated— Roles and Responsibilities A. The city finance director is designated as purchasing authority for the city of Susanville.

The finance director may recommend that the city manager delegate the routine administrative responsibilities as specified in this chapter, or in any other applicable purchasing regulation as shall be prescribed by the city council to any department head as appropriate. The finance director shall:

1. Ensure that the purchase of equipment, supplies, professional services, nonprofessional services or nonprofessional services not involving particular ability required by any office or department of the city is in accordance with purchasing 85 1
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28 procedures prescribed by this chapter is negotiated and ensure that such other rules or regulations are adhered to as shall be prescribed by the city council.

2. Act to procure for the city the needed quality in equipment, supplies, nonprofessional services or services not involving particular ability required by any office or department of the city, at least expense to the city.

3. Encourage uniform bidding, and endeavor to obtain as full and open competition as possible on all purchases hereunder.

4. Prepare and recommend to the city manager and city council rules governing the purchase of equipment, supplies, nonprofessional services or services not involving particular ability for the city.

5. Keep informed of current developments in the field of purchasing prices, market conditions and new products.

6. Prescribe and maintain such forms as are reasonably necessary to the operation of this chapter and other rules and regulations of the city.

7. Recommend the transfer of surplus or unused supplies and equipment between departments as needed, and the sale of all supplies and equipment which cannot be used by any department, or which have become unsuitable for city use. Prepare a list from each department by July 1st of each year.

8. Maintain a bidders’ list, vendors’ catalogue file, and records for the efficient operation of this chapter.

9. Prepare and maintain the standard requisition form as referenced in this chapter.

B. The city clerk shall:

1. Maintain records of all executed service and contractual agreements.

2. Ensure that no contract or agreement in excess of $25,000 shall be entered into without city council approval.

3. Attest by signatory action on all agreements that agreements are signed by the appropriate city officials pursuant to this chapter.

C. The city manager shall:

1. Be authorized to execute agreements in the amount not to exceed $25,000 without city council approval.

2. Be authorized to execute agreements in excess of $25,000 with the approval of city council.

3. Consider the recommendations of the finance director and, as appropriate, delegate the routine administrative responsibilities as specified in this chapter, or in any other applicable purchasing regulation as shall be prescribed by the city council.

4. Provide periodic reports to city council regarding agreements approved by city manager and department heads.

D. Department head(s) shall:

1. Be authorized to execute agreements in the amount not to exceed $15,000 without city council or city manager approval.

2. Identify no existing agreements or contracts are in place and which additional services could be added for equal share of cost increase prior to executing any agreement or contract.

3.08.050 Exemptions from centralized purchasing.

The finance director, upon written approval of the city manager, may authorize in writing any city department to purchase or contract for specified supplies, services and equipment independently of the purchasing authority, but finance director shall require that such purchases 86 1
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28 or contracts be made pursuant to the procedures established by this chapter, and shall further require periodic reports from the department on the purchases and contracts made under such written authorization. (Ord. 98-847 § 1; prior code § 20.5)

3.08.060 Purchases by force account, negotiated contract, or purchase order.

Except as otherwise provided herein, purchases of equipment, supplies, nonprofessional services and nonprofessional services not involving a particular ability, of $60,000 or less, may be made, after adhering to the following:

A. Public Projects $60,000 or less.

1. Public Projects as defined in PPC 20161 of $60,000 or less, road maintenance projects of $60,000 or less, and utility maintenance projects of $60,000 or less may, at the discretion of the city manager, be completed with the city’s own forces (force account), by negotiated contract, or by purchase order. Multiple quotes are not required for public projects less than $60,000.

B. Non-Public Projects $60,000 or less.

1. Minimum Number of Bids or Quotations: Open market purchases shall, whenever possible, be based on at least three quotations and shall be awarded to the lowest responsible bidder. The finance director is authorized to approve the purchases when at least three quotations cannot be obtained, including sole source procurements, only after the finance director is satisfied that a reasonable effort has been made to obtain three quotations.

2. Notice Inviting Bids or Quotations: The finance director shall oversee solicitation of bids by city staff. Bids or Quotations shall be by written request to prospective vendors or by telephone.

3. Written Quotations: Written quotations shall be submitted to the finance director who shall keep a record of all open market orders and quotes for a period of one year after the submission of quotes or the placing of orders. This record, while so kept, shall be open to public inspection.

4. Written Contract: Where contracts are entered into for purchases made under this section, the contracts shall be approved in accordance with 3.08.030.

C. Requisition Forms. The issuing department shall submit a request for the equipment, supplies, nonprofessional services, or services not involving a particular ability, to the finance director by standard requisition form.

D. All bidding may be dispensed with, in an emergency, pursuant to 3.08.200.

3.08.070 Informal Contract Procedure
A. Except as otherwise provided herein, purchases of equipment, supplies, nonprofessional services and nonprofessional services not involving a particular ability, of $200,000 or less, may be made after adhering to the following:

1. Public Projects $200,000 or less – Informal Bidding Requirements. a. The finance director shall maintain a list of qualified contractors identified according to category of work.
b. At the time informal bids are solicited, a notice inviting informal bids shall be mailed to all qualified contractors on the list. If no such list exists, or at the finance director’s discretion, a notice inviting informal bids shall also be sent all applicable construction trade journals specified in PCC section 22036. Additional 87 1
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28 contractors and trade journals may also be notified, at the discretion of the finance director.
c. The notice inviting informal bids shall describe the project in general terms, state how to obtain more detailed information about the project and state the time and place for the submission of bids.
d. All mailing of notices to contractors and construction trade journals pursuant to this section shall be completed not less than 10 calendar days before bids are due.
e. If all bids received are in excess of $200,000, the city council, by a 4/5 vote may award the contract at $212,500 or less to the lowest responsible bidder if it determines that the city’s cost estimate for the project was reasonable.

2. Non-public projects $200,000 or less.
a. Minimum Number of Bids or Quotations: Open market purchases shall, whenever possible, be based on at least three quotations and shall be awarded to the lowest responsible bidder. The finance director is authorized to approve the purchases when at least three quotations cannot be obtained, including sole source procurements, only after the finance director is satisfied that a reasonable effort has been made to obtain three quotations.
b. Notice Inviting Bids or Quotations. The finance director shall oversee solicitation of bids by city staff. Bids or Quotations shall be by written request to prospective vendors or by telephone.
c. Written Quotations. Written quotations shall be submitted to the finance director who shall keep a record of all open market orders and quotes for a period of one year after the submission of quotes or the placing of orders. This record, while so kept, shall be open to public inspection.
d. Written Contract. Where contracts are entered into for purchases made under this section, the contracts shall be approved in accordance with 3.08.030.

B. Requisition Forms. The issuing department shall submit a request for the equipment, supplies, nonprofessional services, or services not involving a particular ability, to the finance director by standard requisition form.

C. All bidding may be dispensed with, in an emergency, pursuant to 3.08.200.

3.08.080 Encumbrance of funds.

Except in cases of emergency as described in 3.08.200, the finance director shall not issue any purchase order for equipment, supplies, nonprofessional services or nonprofessional services not involving particular ability for which there is an insufficient appropriation in the budgetary account against which said purchase is to be charged.

3.08.090 Formal contract procedure—Bid requirements.

Except as otherwise provided herein, purchases of equipment, supplies, nonprofessional services, and nonprofessional services not involving particular ability, over $200,000 may be made after adhering to the following:

A. Public Projects – Formal Bidding Requirements
Agreements for public projects shall be let to the lowest responsible bidder, pursuant to the procedures set forth herein.

1. Notice Inviting Bids. Notice inviting bids shall include a general description of the equipment, supplies, nonprofessional services or nonprofessional services not 88 1
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28 involving particular ability, to be purchased and shall state where bid blanks, forms and specifications may be secured, and the date, time and place of opening bids. a. Published Notice. Notice inviting bids shall be published at least ten (10) days before the day of opening bids. Notice shall be published at least once in a newspaper of general circulation, printed and published in the city; or, if there is none, it shall be posted in at least three public places in the city. b. Bidder’s List. The finance director, or appropriate city department with approval of the finance director, shall also solicit sealed bids from responsible prospective suppliers whose names are on the bidder’s list; provided, however, should said supplier desire to participate, said supplier shall comply with the requirements herein.

2. Bidder’s Security. When deemed necessary by the finance director, bidder’s security of ten (10) percent of the amount bid shall be required in the public notice(s) inviting bids. Bidders shall be entitled to return of bid security upon execution of the contract by the successful bidder, upon rejection of bids, or upon the readvertisement for bids; provided that a successful bidder shall forfeit his or her bid security upon refusal or failure to execute the contract within ten (10) days after notice of award of contract has been mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder (the “first awarded bidder”) to execute the contract, award the contract to the next lowest responsible bidder (the “second awarded bidder”). In the event the city council does so, the first awarded bidder shall forfeit only that portion of security equal to the difference between said first awarded bidder’s bid and the bid of the second awarded bidder. If the second awarded bidder fails or refuses to execute the contract, he or she shall forfeit his or her bid security.

3. Bid Opening Procedure. Sealed bids, identified as bids on the outer envelope, shall be submitted to the city clerk. Bids shall be opened in public at the date, time and place stated in the public notice(s). Tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.

4. Rejection of Bids. In its discretion, the city council may by majority vote reject any and all bids presented, and:
a. Authorize negotiation of a contract; or
b. Re-advertise for bids; or
c. Take no further action.

5. Award of Contracts. Contracts shall be awarded by the city council to the lowest responsible bidder, except in the case of the bidder not meeting the bid requirements.

6. Tie Bids. If two or more bids received are for the same total amount or unit price, quality, service and delivery being equal, and if the public interest will not permit the delay of re-advertising for bids, the city council may accept the one it chooses. The city council’s determination in that regard shall be final.

7. Performance Bonds. The finance director shall have authority to require a performance bond, in such amount as it shall be found reasonably necessary to protect the best interests of the city. If the finance director requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

B. Non-Public Projects – Greater than $200,000.

1. Minimum Number of Bids or Quotations: Open market purchases shall, whenever possible, be based on at least three quotations and shall be awarded to the lowest responsible bidder. The finance director is authorized to approve the purchases 89 1
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28 when at least three quotations cannot be obtained, including sole source procurements, only after the finance director is satisfied that a reasonable effort has been made to obtain three quotations.

2. Notice Inviting Bids or Quotations. The finance director shall oversee solicitation of bids by city staff. Bids or Quotations shall be by written request to prospective vendors or by telephone.

3. Written Quotations. Written quotations shall be submitted to the finance director who shall keep a record of all open market orders and quotes for a period of one year after the submission of quotes or the placing of orders. This record, while so kept, shall be open to public inspection.

4. Written Contract. Where contracts are entered into for purchases made under this section, the contracts shall be approved in accordance with 3.08.030.

D. All bidding may be dispensed with, in an emergency, pursuant to 3.08.200.

3.08.100 Inspection and testing of materials and services The department head shall inspect supplies and equipment delivered and determine their conformance with the specifications set forth in the order or contract. The department head shall have authority to require chemical and physical tests of samples submitted with bids, and samples of deliveries which are necessary to determine their quality and conformance with specifications. Department heads may also delegate this duty to an appropriate department of the city. (Ord. 10-975 § 1, 2010; Ord. 98-847 § 1; prior code § 20.10)

3.08.110 Surplus supplies and equipment
Department heads shall annually notify the Finance Director if they have items to surplus and list the items in a format approved by city manager showing all supplies and equipment which are no longer used which have become obsolete or worn out. Vehicles to be surplused will need to have verification of city ownership prior to being placed on the list.

Finance Director shall have the authority to make transfers between departments of any usable surplus supplies or equipment as needed. Department receiving the surplused item that have been fully depreciated will pay scrap value amount to department that surplused the item.

Final proposed surplus list will be provided to city manager’s office. City manager will prepare staff report for council approval and coordinate disposal / sale of surplus property.

Items that are not purchased at auction may be disposed of. No minimum bid.

3.08.130 Equipment leasing agreements
A. As used in this section:

1. "Leasing of non-purchasable equipment" means equipment which is available through "lease only" plans.

2. "Leasing purchasable equipment" means equipment which can be acquired through "lease with option to purchase" type plans.

B. Leasing of purchasable or non-purchasable equipment shall be in accordance with Sections 3.08.0303.08.050 through 3.08.070 of this chapter. Bidding can be dispensed with only as permitted in Section 3.08.060 and 3.08.200. 90 1
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28 C. For leasing of non-purchasable equipment in excess of $15,000 for department heads and in excess of $25,000 for city manager, It shall be the policy of the city of Susanville that when property is acquired by lease rather than outright purchase that all lease agreements must be reviewed by both the finance director and city attorney prior to consideration by city council and must be signed by the mayor or city manager after said and approval by the city council.

D. For leasing of non-purchasable equipment in excess of $15,000 for department heads and in excess of $25,000 for city manager, it shall also be the policy for all lease agreements that the head of the department acquiring said asset shall be required to provide a cost analysis of payment options which shall include lease versus purchase and review of any lease agreement proposed. The cost analysis shall include, but not be limited to, the type of lease, be it operating lease or capital lease, purchase options (cash versus financing), lease rate, purchase price, payment schedule, interest rate, expected useful life, residual value at lease end, maintenance, service and supply costs. (Prior code § 20.13; Ord. 98-847 § 1; Ord. 10-975 § 1, 2010

3.08.140 Maintenance agreements
A. As used in this section, "maintenance agreements" means a written contract wherein the contractor (or vendor) agrees to maintain city equipment in good operating condition subject to terms and conditions agreeable to both the contractor (or vendor) and the city.

B. All executed agreements must be filed with the city clerk. Departments must identify no existing agreements are in place in which additional services could be added for an equal share of cost increase prior to executing agreement.

3.08.160 Local preferences
Except for federal contracts and public projects, or when utilizing funding that does not allow local preference, a local vendor may qualify for local purchase preference. Local purchase preference is a two and one-half percent (2.5%) [higher quote] difference of quote price over the next vendor. A local vendor must submit a copy of a current city business license, issued by the city of Susanville, and complete and sign a declaration under penalty of perjury, stating that as of the date the request for quotes was issued, the business listed on the quote was physically maintained and operates at a fixed office or other business premises located within the geographical limits of Lassen County, and providing such other information as may be requested.

3.08.180 Agreements Required
All services, in excess of $3,000, including multiyear agreements exceeding $3,000 in aggregate, require written agreements in a form approved by the city attorney. Service procurements shall not be split for the purpose of evading the requirement to obtain a written agreement. Agreements must be approved by the city attorney and assigned an agreement number provided by the city clerk prior to execution. Contractual services in excess of $25,000 per agreement must go to city council for approval. The city manager is authorized to execute agreements in the amount not to exceed $25,000 without city council approval; department heads are authorized to execute agreements in the amount not to exceed $15,000 without city council or city manager approval. All executed agreements under $25,000 that are approved by city manager or department head will be reported to city council at a frequency as directed by city council.
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28 3.08.190 Professional Services:

A. Procurement of the architectural, landscape architectural, engineering, environmental, and land surveying, construction management, and environmental services as defined in California Government Section 4525 shall be made as follows:

1. Selection shall be made of the basis of demonstrated competence and professional qualifications for the satisfactory performance of the services required at a reasonable cost.

2. Selection procedures for projects using city funds:
a. The city shall endeavor to obtain a statement of qualifications from no less than three firms. If statement of qualifications from three firms cannot be obtained, the requesting department shall provide a written justification statement of the process used to solicit statements, specifically stating the number of firms contacted and the reasons that qualifications from at least three firms could not be obtained. The finance director shall review the justification statement and approve the selection process to move forward or require the department to increase their efforts. In the event the finance department is implementing the selection process the city manager shall approve the justification statement if needed.
b. The requesting department’s department head shall convene a review committee, the review committee shall:
i. Consist of at least three members knowledgeable in the field of services being solicited. Committee members shall not have any financial interest or personal relationship with any of the firms that have submitted statements of qualifications.
ii. Review the experience qualifications of the prospective firms and select three firms based on demonstrated competence and qualifications. iii. Engage in discussions with the top three firms, or fewer as approved in section “a” above. Discussions shall include anticipated concepts, the relative utility of alternative methods of approach for furnishing required services, and cost.
iv. Make a recommendation to the department head based on the responses to selection criteria in section iii above.

3. Selection procedures for projects using grant or other non-city funding sources:
a. Absent any procurement requirements specific to the funding source being utilized, the city shall follow Section 2 “Selection procedures for projects using city funds”
b. When the funding source for a project requires a specific competitive selection process, the city shall adhere to the specific competitive selection process required by the granting agency for the applicable funding source.

B. Procurement of financial, economic, accounting, legal, professional planning services, or administrative services shall be made as follows:

1. Selection shall be made on the basis of demonstrated competence and professional qualifications for the satisfactory performance of services required at a reasonable cost.
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28 2. Specific competitive selection requirements of funding entity must be adhered to when applicable.

3.08.200 Emergencies:

A. All bidding requirements and purchases of equipment, supplies, nonprofessional services, and nonprofessional services not requiring a particular ability may be dispensed with in an emergency. An emergency is a situation where the public interest and necessity demand the immediate expenditure of public money to safeguard life, health and/or property.

B. The city manager is authorized pursuant to Government Code section 22050 to order any action to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without giving notice for bids or to let contracts. The city manager must report the action to the city council for review within 7 days after the action or at the next regularly scheduled meeting if that meeting will occur not later than fourteen (14) days after the action. The city council shall review the emergency action at least every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless the city manager has terminated the action prior to the city council reviewing the emergency action, in which case the city manager will report to the city council the city manager’s decision to terminate the action at the next regularly scheduled meeting.

C. When the city council reviews the emergency action, it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.

Section 2. The city clerk shall, within fifteen days after its passage, cause this ordinance to be published at least once in an adjudicated newspaper of general circulation, published and circulated within the city.

Section 3. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, it being expressly declared that this Ordinance and each section, subsection, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more other sections, subsections, sentences, clause or phrases be declared invalid or unconstitutional.

Section 4. This Ordinance shall take effect upon the thirty-first day after its final passage.

INTRODUCED at a regular meeting of the city council of the city of Susanville, California, on the 6th day of November 2024, and adopted at a regular meeting of the city council of the city of Susanville, California, on the 20th day of November, 2024.

APPROVED: ___________________________
Mendy Schuster, Mayor
ATTEST: ___________________________
Heidi Whitlock, City Clerk
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28 The foregoing Ordinance was adopted at a regular meeting of the city council of the city of Susanville, held on the 20th day of November, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM: _________________________________
Margaret Long, City Attorney
94 AGENDA ITEM NO. 12.B
Action Item
Submitted By: Cheyenne Ratkey, Fire
Action Date: November 20, 2024
SUBJECT: Consider Resolution No. 24-6385, authorizing the Mayor to execute a contract with PACE Engineering, Inc. to provide engineering services for the HVAC Replacement Project at Susanville Fire Department.

PRESENTED BY: M. Bollinger, Public Safety Chief
SUMMARY: During the regular City Council Meeting held on December 15, 2021, Susanville City Council authorized the Fire Chief to engage with an Engineering Firm for Fire Department Boiler Replacement or repairs and execute an agreement. Additionally, during the special City Council Meeting held on April 23, 2024, Susanville City Council approved Resolution No. 24-6304 approving the allocation of $520,000 for repairing and replacing the roof and heating system at Susanville Fire Department. PACE Engineering Inc. will provide engineering services for the HVAC portion of the project in the amount of $74,200. The amount will come from the $520,000 allocation. The scope of work is outlined in the agreement, and the Project Proposal is attached.

FISCAL IMPACT: The funds for this project were approved and allocated from ARPA funding, Resolution No. 24-6304. Funding will not affect the General Fund. No budget increase is necessary, the expenditure of these funds has been approved with the adoption of the FY 2024/25 budget.

ACTION REQUESTED: Motion to approve Resolution No. 24-6385, authorizing the Mayor to execute a contract with PACE Engineering, Inc. to provide engineering services for the HVAC Replacement Project at Susanville Fire Department.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
24-6385.pdf
Ltr Prop_ Susanville Fire Station HVAC Replacement.pdf
1080.05 EA Susanville Fire Station - HVAC Replacement.pdf 21-5948.pdf
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28 RESOLUTION NO. 24-6386

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUSANVILLE

AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH PACE ENGINEERING, INC. TO PROVIDE ENGINEERING SERVICES FOR THE HVAC REPLACEMENT

PROJECT AT SUSANVILLE FIRE DEPARTMENT
WHEREAS, the Susanville fire department is in need of a new HVAC system; and WHEREAS, during a special meeting held on April 23, 2024, the city council approved Resolution No. 24-6304, approving the allocation of $520,000 for the repair and replacement of the roof and heating system at fire department; and
WHEREAS, PACE Engineering Inc. will provide engineering services for the HVAC portion of the project.

NOW, THEREFORE, BE IT RESOLVED that the city council of the city of Susanville hereby authorizes the mayor to execute a service agreement with PACE Engineering Inc. for engineering services related to the replacement of the HVAC system at the fire department.

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Heidi Whitlock, City Clerk
APPROVED AS TO FORM:_____________________________
Margaret Long, City Attorney
96 5155 VENTURE PARKWAY
REDDING, CA 96002
(530) 244-0202

PROPOSAL
September 18, 2024
Michael Bengoa-Bollinger
Public Safety Chief/#801
Susanville Police/Fire Department
1801 Main Street
Susanville, CA 96130
[email protected]
Dear Michael,
Subject: Susanville Fire Station – HVAC Replacement
Proposal for Engineering Services
PACE Engineering, Inc. (PACE) appreciates the opportunity to submit this proposal to provide engineering services for the Fire Station HVAC Replacement Project. This proposal is in response to your request for design fees and Technical Memorandum dated July 14, 2022, attached. It is our understanding that the scope of the project is to replace the existing heating water boiler system, fan coils, evaporative cooling, and truck bay unit heaters. The new system will be heat pump based and coupled with an energy recovery ventilator. The heat pumps will provide both heating and cooling to the office, sleep room, and dining room portions of the building. The primary electric power system will also be replaced to both provide power to the new HVAC equipment and remove existing unsafe circuit breakers and panelboards.

SCOPE OF SERVICES
We propose to provide the following Scope of Services for the fees shown below:

Mechanical and Plumbing
Construction Documents:

1. One combined site visit for mechanical and plumbing to review existing conditions affiliated with new equipment and ducted systems.

2. Mechanical specifications shall be included in CSI format.

3. Calculate ventilation air and exhaust requirements to meet Client, code, and industry standards.

4. Trace 3D calculations to determine heating and cooling loads.

5. Size plumbing piping to drain water from cooling coil condensate pans.

6. Construction drawings:
a. General notes, equipment/fixture schedules, and legends. 97

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PROPOSAL Susanville Fire Station – HVAC Replacement
b. Mechanical floor plans:
i. Supply, return, and exhaust air duct systems.
ii. Primary HVAC equipment and systems, including cooling, heating, ventilation, and exhaust systems.
c. Plumbing floor plans:
i. HVAC equipment condensate drainage.

7. Title 24 compliance documents:
a. HVAC (NRCC-MCH-E).

8. Details as required to accurately depict the improvements shown on the drawings.

9. Plan review:
a. Address plan review comments as required.
b. Drawings shall be suitable for constructing the mechanical and plumbing systems and obtaining approval from the Authority Having Jurisdiction (AHJ).

Construction Cost Estimate:

1. Prepare budget construction cost estimate for the mechanical and plumbing work.

Bidding:

1. Answer Contractor questions relevant to mechanical design during bidding of the project.

2. Prepare addendum as necessary for mechanical and plumbing design-related work.

3. Attend one bid walk.

Construction Administration:

1. Review submittals and respond to requests for information (RFIs) pertaining to the original Scope of Services.

2. Answer questions regarding mechanical and plumbing design during construction.

3. One combined site visit for mechanical and plumbing to verify final construction and close out project.

4. Prepare punch list once construction has occurred.

Electrical
Construction Documents:

1. One site visit for electrical to review existing conditions.

2. Coordination with electric utility, including service application, load calculations, and drawings as required for a complete application.

3. Load, voltage drop, and short circuit calculations in accordance with California Electrical Code requirements and as required by the Authority Having Jurisdiction (AHJ).

4. Construction drawings:
a. Electrical specifications shall be included in CSI format. b. Panelboard schedules with all modified loads identified. c. One-line diagram showing power distribution throughout the area of work. d. Electrical site plan. Electrical distribution equipment locations and routing of power through project area shall be fully coordinated.
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PROPOSAL Susanville Fire Station – HVAC Replacement
e. Power plans. Receptacle locations shall be fully coordinated. Low voltage device boxes and conduit requirements shall be coordinated. Low voltage devices shall be provided by others. Coordination with the Mechanical Engineer to supply power to additional HVAC and plumbing equipment.
f. Electrical details as required to accurately depict the improvements shown on the drawings.
g. Title 24 compliance documents:
i. Electrical Distribution (NRCC-ELC-E).
h. Details as required to accurately depict the improvements shown on the drawings.

5. Plan review:
a. Address plan review comments as required.

6. Drawings shall be suitable for constructing the electrical systems and obtaining approval from the AHJ.

Construction Cost Estimate:

1. Prepare budget construction cost estimate for the electrical work.

Bidding:

1. Answer Contractor questions relevant to electrical design during bidding of the project.

2. Prepare addendum as necessary for electrical design-related work.

3. Attend one bid walk.

Construction Administration:

1. Review submittals and respond to RFIs pertaining to the original Scope of Services.

2. Answer questions regarding electrical design during construction.

3. Prepare punch list once construction has occurred.

Structural
Construction Documents:

1. One site visit for structural to review existing conditions.

2. Review existing structural drawings for information relevant to our design as required.

3. Review equipment technical data sheets for new roof-, ceiling-, and ground-mounted equipment.

4. Provide structural calculations for new rooftop-, ceiling-, and ground-mounted mechanical and electrical equipment.

5. Provide structural drawings, to include the following:
a. Construction notes and structural material specifications (all structural specifications to be included on the drawings).
b. Partial roof or ceiling framing plans depicting new equipment placement on existing roof or ceiling framing.
c. Roof or ceiling framing repair details for supporting new equipment if required.

Repair or retrofit design will be limited to rafters and ceiling joists supporting new equipment and excludes the existing glulam beams.
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d. Equipment anchorage and attachment details.
e. Address plan review comments by the AHJ.

Construction Cost Estimate:

1. Prepare budget construction cost estimate for the structural work.

Bidding:

1. Answer Contractor questions relevant to structural design during bidding of the project.

2. Prepare addendums for structural items related to our original Scope of Work as necessary.

Construction Administration:

1. Review submittals and respond to RFIs pertaining to the original Scope of Services.

EXCLUSIONS
The following assumptions have been made and are not included in the above Scope of Services:

1. Preparation of As-Built Drawings or Record Drawings.

2. Site visits or bid walks other than those identified in the Scope of Services, including any site visits by the project Structural Engineer. These can be billed on a time-and-expense basis if necessary.

3. Revisions to design or coordination caused by presence of asbestos or other hazardous and toxic materials.

4. Repair or retrofit of the main roof support beams (7- x 24-inch glulam). It is assumed that all existing glulam beams are adequately sized. Repair or retrofit design will be limited to the main roof rafters or ceiling joists supporting or in the vicinity of the new equipment.

5. Creation of as-built documents, except where needed for this project.

6. Fire alarm system design.

7. Technology system design.

8. Generator system design other than what is required to reconnect existing generator to new service.

9. Photovoltaic system design. This service may be added for an additional fee if desired.

10. Interior or exterior lighting system designs.
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PROPOSAL Susanville Fire Station – HVAC Replacement
FEE
Our lump-sum fee for completing the Scope of Services as described above is:

Mechanical
Construction Documents:

Construction Cost Estimate:

Bidding:

Construction Administration:

Mechanical Subtotal:
$20,300
$1,600
$2.350
$11,000
$35,250
Electrical
Construction Documents:

Construction Cost Estimate:

Bidding:

Construction Administration:

Electrical Subtotal:
$11,750
$1,400
$2,100
$3,500
$18,750
Structural
Construction Documents:

Construction Cost Estimate:

Bidding:

Construction Administration:

Structural Subtotal:
$15,300
$1,300
$1,800
$1,800
$20,200
TOTAL LUMP-SUM FEE: $74,200
Please let us know if the above-proposed Scope of Services and fees are agreeable to you, and we will forward an Engineering Agreement for your signature authorizing us to proceed with these services.

Please give me a call if you have any questions regarding our Scope of Services.

Sincerely,
Alex Harp
Senior Mechanical Engineer
Enclosures
c: Dan Newton, City of Susanville, [email protected] Calvin Abshier, PACE Engineering, Inc., [email protected] Steve Wilson, PACE Engineering, Inc., [email protected] M:\Jobs\00.04\2022\Electrical & Mechanical\City of Susanville Fire Station\Boiler Replacement\Ltr Prop_ Susanville Fire Station HVAC Replacement.docx 101
5155 VENTURE PARKWAY • REDDING, CA 96002 • (530) 244-0202 • WWW.PACEENGINEERING.US

TECHNICAL MEMORANDUM
TO: James Moore, Fire Chief
Susanville Fire Department, Susanville, CA
FROM: Alex Harp, Senior Mechanical Engineer
Calvin Abshier, Associate Electrical Engineer
PACE Engineering, Inc.

DATE: July 14, 2022
JOB NO.: 1080.04
SUBJECT: Susanville Fire Station HVAC – Basis for Project Funding

ABSTRACT
In December of 2021, you contacted PACE Engineering, Inc. with concerns about the age of the Fire Station heating system. This technical memorandum addresses antiquated space heating systems that have occasional failures. Finding replacement parts is difficult and sometimes parts are not available. Current systems have been in service for 58 years, which is about 28 years past equipment life expectancy. As such, reliability and operating efficiency are very low compared to new systems. This memorandum includes descriptions of existing and new systems, along with budget level pricing.

EXISTING SYSTEM
The existing heating system comprises a central boiler system, including pump and ancillary equipment; reference Figures 1 and 3 for picture and boiler location. Heating water is delivered to a central air handler located in the mechanical room and to booster heating water coils located in the supply duct system. This allows for comfort heating at the zone level. The apparatus bay is conditioned with unit heaters served by the boiler system.

DEFICIENCIES AND SUGGESTED RESOLUTIONS
Considering the age and likely conditions of the existing heating system, it will continue to experience intermittent failures that can be problematic to repair. At some point, repairs will not be possible and will then require use of incorrect parts or fabrication of custom parts. Both conditions will likely reduce operating efficiency and reliability. The boiler was originally an oil-fired burner type and at some point in time was converted to propane gas-fired. The original boiler type was likely around 65% efficiency. After the conversion, age of boiler tubes, condition of burner, and operation of older controls, it is very likely the efficiency is operating at less than 102
Susanville Fire Department June 14, 2022

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50%, where new boilers for this type of facility operate closer to 95% efficiency. Upgrading would result in large savings on the monthly propane bills.

Due to complex nature of servicing boilers and associated heating water delivery systems, it is the fire chief’s desire that we recommend other system types. It is also desired to have ability for cooling the sleeping and living quarters on hot summer days. As such, we have based this report on heat pump variable refrigerant (VRF, VRV) system types. These systems can provide heating down to very low outdoor temperatures, provide cooling during summer months, and also operate very efficiently. This type of system has been in use since the mid-1980s and is currently the dominant HVAC product type used in the USA, Europe, and Asia. Based on our calculations, the heat pump is expected to be equivalent to a 20-ton system as shown in Figure 2. We coupled the VRV systems with an energy recovery ventilator, which includes a heat exchanger to use exhaust air to heat up outdoor air used for ventilation. This not only saves energy and reduces potential for condensation-based corrosion, it also reduces the size of the VRV systems.

The new HVAC equipment will add approximately 80 amps of load to the existing service.

According to Lassen Municipal Utility District, the historical maximum demand on the existing service was 27.2kW, or 65-amps, during July of 2021. Therefore, the size of the existing service is adequate to support the proposed loads and will not need to be increased. The new HVAC loads will be fed from a new panelboard; see Figure 5 for the approximate location and Figure 4 for a proposed one-line diagram.

The electrical systems appear to be original to the building. The main switchboard (MSB) and panelboards are all manufactured by Zinsco, which is a brand that has been shown to be a high risk for electrical failure and presents a real danger of originating fires or other life/safety-type hazards. Zinsco has been out of business since the early 1980s. In addition, the typical service life of main switchboards and panelboards is approximately 30 years, and the equipment at the Susanville Fire Station is significantly older. Given these two factors, it is strongly recommended that the MSB and panelboards be replaced.

BASIS OF COST ESTIMATES
Following are descriptions of work for system replacements. These descriptions are the basis we used for preparing the equipment and materials portion of the cost estimates.

Proposed Heat Pump System:
• Mechanical – Replace the existing boiler heating water system with a central VRV heat pump coupled with zone-based fan coils and air handlers to serve the living quarters and office areas. Propane-fired unit heaters will replace the heating water unit heaters serving the apparatus bay.
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• Electrical – The addition of the HVAC equipment throughout the facility presents a substantial increase in electrical load; about 80A at 240V, 3-phase. The existing service is rated for 400A, 120/240V, 3-phase. Based on the findings of our initial investigative site visit and conversations with Lassen Municipal Utility District, the existing service is adequate to accommodate the proposed HVAC improvements.

Proposed Electrical Upgrade:
• The MSB and existing panelboards are from a manufacturer known in the industry to pose a life/safety risk. The MSB and three existing panelboards will all be replaced in kind, and a new panelboard will be added to feed the new HVAC equipment around the building. See Figure 5 for an approximate layout of the proposed new electrical infrastructure.

SUMMARY
Based on our evaluation, it is our professional opinion and recommendation, and the Fire Department’s preference, to change the type of heating system from central heating water boiler to central VRV heat pump with zoned fan coils. The anticipated costs were developed using RS Means Cost data, including expected inflation factors. These costs include construction and engineering services. Construction costs are factored using prevailing wage rates. Cost does not include project management services to bid the project, to manage the contractors’ operations, to make payments to the contractors, code enforcement plan review, code enforcement inspections, or cost of permits.

Estimated cost for new VRV system: $265,500
Additional cost for electric panel replacements: $56,200 Total Estimated Cost: $321,700
M:\Jobs\1080 City of Susanville\1080.04 Fire Station HVAC\07 Budget Study\Evaluation Report\Technical Memorandum Report.docx

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Figure 1 – Existing Heating Water Boiler

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Figure 2 – VRV Heat Pump
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Figure 2 cont. – VRV Heat Pump
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Figure 3 – Equipment Locations
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Figure 4 – Revised One-Line Diagram
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Figure 5 – Electrical Distribution
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5155 VENTURE PARKWAY
REDDING, CA 96002
(530) 244-0202

ENGINEERING AGREEMENT
3/2024 V1 Page 1 of 17
This Agreement has been entered into at Redding, California, on the Client signature date set forth below and is by and between the Client as listed below and PACE Engineering, Inc., hereinafter referred to as Consultant.

CLIENT: City of Susanville PHONE:

ATTENTION: Michael Bengoa-Bollinger, Public Safety Chief EMAIL: [email protected] ADDRESS: 1801 Main Street, Susanville, CA 96130
PROJECT TITLE: Susanville Fire Station – HVAC Replacement PROJECT NO.: 1080.05 CLIENT PROJECT NO.:

SCOPE OF SERVICES BY CONSULTANT:

See attached proposal letter dated September 18, 2024.

FEE:

The Consultant agrees to perform the above-described services for the Client. The Client agrees to compensate Consultant for such services as follows:

Lump-sum fee: $74,200
Time-and-expense estimated fee per attached Fee Schedule(s): N/A Deposit: N/A
IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement, which is subject to the Standard Provisions contained herein and the terms and conditions contained in the documents attached herewith and made a part hereof.
☐ LLC/LLP Membership Signatory Agreement is attached requiring signatures of all members. ☐ Other exhibits not identified above are as follows:

CONSULTANT: CLIENT:

Signature Signature
Alex Harp, Senior Mechanical Engineer
Name/Title Name/Title
September 25, 2024
Date Date
M 26028
License No. Form of doing business (Owner, Partnership, Corporation) 111

STANDARD PROVISIONS OF AGREEMENT BETWEEN CLIENT AND CONSULTANT 3/2024 V1 Page 2 of 17

TABLE OF CONTENTS
ARTICLE 1 – CLIENT’S RESPONSIBILITIES..............................................................................................4

1.01 Client’s Expecta�ons.....................................................................................................................4

1.02 Authorized Representa�ve............................................................................................................4

1.03 Budget...........................................................................................................................................4

1.04 Legal and Accoun�ng Services......................................................................................................4

1.05 Client’s Consultants.......................................................................................................................4

1.06 Contract for Construc�on .............................................................................................................5

1.07 Construc�on Contractor’s Obliga�ons..........................................................................................5

1.08 Builder’s All Risk Insurance ...........................................................................................................5

1.09 Communica�on.............................................................................................................................5

1.10 Tes�ng and Inspec�ons.................................................................................................................5

1.11 No�fica�ons..................................................................................................................................5

1.12 Access............................................................................................................................................5 ARTICLE 2 – INVOICES AND PAYMENTS................................................................................................5

2.01 Payment Through Third Par�es.....................................................................................................5

2.02 Terms of Payment .........................................................................................................................5

2.03 Billing Acceptance .........................................................................................................................6

2.04 Late Payment Fees ........................................................................................................................6

2.05 Fee Increases.................................................................................................................................6

2.06 Addi�onal Work ............................................................................................................................6

2.07 Client Fee Responsibili�es.............................................................................................................6 ARTICLE 3 – OPINIONS OF CONSTRUCTION COST ESTIMATES AND/OR QUANTITIES..............................6

3.01 Opinions of Construc�on Cost Es�mates and/or Quan��es........................................................6

3.02 Es�mates of Quan��es.................................................................................................................7 ARTICLE 4 – GENERAL CONSIDERATIONS.............................................................................................7

4.01 Coopera�on ..................................................................................................................................7

4.02 Successors, Assigns, and Beneficiaries..........................................................................................7

4.03 En�re Agreement..........................................................................................................................7

4.04 Agreement Execu�on....................................................................................................................7

4.05 Waivers..........................................................................................................................................7

4.06 Severability....................................................................................................................................7 112

STANDARD PROVISIONS OF AGREEMENT BETWEEN CLIENT AND CONSULTANT 2/2024 V1 Page 3 of 17

4.07 Controlling Law .............................................................................................................................8

4.08 Suspension or Termina�on ...........................................................................................................8

4.09 Client Bankruptcy..........................................................................................................................8

4.10 Lien and Stop No�ce Rights..........................................................................................................8

4.11 Standard of Care ...........................................................................................................................8

4.12 Third Par�es..................................................................................................................................8

4.13 Mutual Waiver of Consequen�al Damages ..................................................................................9

4.14 Delays Beyond Reasonable Control ..............................................................................................9

4.15 Dispute Resolu�on........................................................................................................................9

4.16 Limita�on of Liability...................................................................................................................10

4.17 Statute of Limita�ons..................................................................................................................10

4.18 Instruments of Service ................................................................................................................11

4.19 Electronic Files ............................................................................................................................11

4.20 Promo�onal Rights......................................................................................................................12

4.21 Use of Non-Final Documents......................................................................................................12

4.22 Unauthorized Changes, Direc�ves, or Subs�tu�ons...................................................................12

4.23 Government or Agency Permits or Approvals.............................................................................13

4.24 Asbestos and Hazardous/Toxic Materials....................................................................................13

4.25 Field Condi�ons Acknowledgement ...........................................................................................13

4.26 Site Condi�ons and Subsurface Inves�ga�ons............................................................................14

4.27 Grading Plans and Construc�on Staking.....................................................................................14

4.28 Prevailing Wages.........................................................................................................................14

4.29 Common Interest Developments................................................................................................14 ARTICLE 5 – POST-DESIGN-RELATED PROVISIONS...............................................................................15

5.01 Construc�on Phase Services.......................................................................................................15

5.02 Construc�on Contractor’s Obliga�ons........................................................................................15

5.03 Submitals and Shop Drawings....................................................................................................16

5.04 Rejec�on of Work........................................................................................................................16

5.05 Re-Staking or Record Monumenta�on........................................................................................16

5.06 Changed Condi�ons....................................................................................................................16

5.07 Record Drawings .........................................................................................................................17 113

STANDARD PROVISIONS OF AGREEMENT BETWEEN CLIENT AND CONSULTANT 2/2024 V1 Page 4 of 17
This agreement shall be legally binding between the Consultant and the Client. The term Owner, referring to the entity exercising control over the project, is utilized within this Agreement to ensure clarity in instances where the Owner may not necessarily be the Client. In situations where the Client is distinct from the Owner, it is the Client’s responsibility to coordinate this Agreement and any separate agreement between the Client and the Owner. However, in cases where the Client is also the Owner, the references to Owner may be redundant.

Client and Consultant agree that the following provisions shall be part of this Agreement:

ARTICLE 1 – CLIENT’S RESPONSIBILITIES

1.01 Client’s Expecta�ons: Unless otherwise provided for under this Agreement, Client shall provide informa�on in a �mely manner regarding requirements for and limita�ons on the project, including a writen program, which shall set forth the project’s scope, objec�ves, schedule, flexibility, expandability, special equipment, systems, site requirements, and constraints and criteria, including space requirements and rela�onships.

1.02 Authorized Representa�ve: Client shall iden�fy a representa�ve authorized to act on Client’s behalf with respect to the project. Client shall render decisions and approve Consultant’s submitals in a �mely manner in order to avoid unreasonable delay in the orderly and sequen�al progress of Consultant’s services.

1.03 Budget: Client shall provide the project budget to Consultant that establishes the cost of the work, other internal costs, and reasonable con�ngencies related to all of these costs. Client shall update the project budget, as necessary, throughout the dura�on of the project un�l final comple�on. If Client significantly increases or decreases the project budget for the cost of the work, Client shall no�fy Consultant. Client and Consultant shall therea�er agree to a corresponding change in the project’s scope.

1.04 Legal and Accoun�ng Services: Client shall furnish all legal, insurance, and accoun�ng services, including audi�ng services, that may be reasonably necessary at any �me for the project to meet Client’s and Owner’s needs and interests.

1.05 Client’s Consultants: Client shall coordinate the services of its own consultants and Owner’s consultants with those services provided by Consultant. Upon Consultant’s request, Client shall furnish copies of the scope of services in the contracts between Client and Client’s consultants and Owner and Owner’s consultants. Client and Owner shall furnish the services of consultants other than those designated as the responsibility of Consultant in this Agreement or authorize Consultant to furnish them as an addi�onal service when Consultant requests such services and demonstrates that they are reasonably required by the scope of the project. Client shall require that its consultants, Owner’s consultant, and Owner’s construc�on contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. Client acknowledges that Consultant shall be en�tled to rely on and shall not be responsible for the accuracy, completeness, and �meliness of services and informa�on furnished by Client, Client’s consultants, and Owner’s consultants. Client shall provide prompt writen no�ce to Consultant if Client becomes aware of any error, omission, or inconsistency in such services or informa�on. 114

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1.06 Contract for Construc�on: Before execu�ng the Contract for Construc�on, Client or Owner shall coordinate Consultant’s du�es and responsibili�es set forth in the Contract for Construc�on with Consultant’s services set forth in this Agreement. Client or Owner shall provide Consultant with a copy of the executed agreement between Owner and construc�on contractor and all other documents provided to the construc�on contractor, including the General Condi�ons of the Contract for Construc�on.

1.07 Construc�on Contractor’s Obliga�ons: Client agrees to require the Owner’s construc�on contractor and subcontractors to review the drawings, specifica�ons, and documents prepared by Consultant prior to the commencement of construc�on-phase work. If the construc�on contractor and/or subcontractors determine there are deficiencies, conflicts, errors, omissions, code viola�ons, improper uses of materials, or other deficiencies in the drawings, specifica�ons, and documents prepared by Consultant, construc�on contractors and subcontractors shall no�fy Client so those deficiencies may be corrected by Consultant prior to the commencement of construc�on-phase work.

1.08 Builder’s All Risk Insurance: Client agrees or shall ensure that Owner agrees to purchase and maintain or cause construc�on contractor to purchase and maintain, during the course of construc�on, builder’s all risk insurance which will name Consultant as an addi�onal named insured.

1.09 Communica�on: Client and Owner shall include Consultant in all communica�ons with the construc�on contractor that relate to or affect Consultant’s services or professional responsibili�es.

Client shall promptly no�fy Consultant of the substance of any direct communica�ons between Client, Owner, and construc�on contractor otherwise rela�ng to the project. Communica�ons by and with Consultant’s subconsultants shall be through the Consultant.

1.10 Tes�ng and Inspec�ons: Unless noted otherwise, Client or Owner shall furnish tests, inspec�ons, commissioning, and reports required by law or the Contract Documents, including but not limited to structural, mechanical, and chemical tests, tests for air and water pollu�on, and tests for hazardous materials.

1.11 No�fica�ons: Client shall provide prompt writen no�ce to Consultant if Client becomes aware of any fault or defect in the project, including errors, omissions, or inconsistencies in Consultant’s Instruments of Service.

1.12 Access: Client or Owner shall provide Consultant access to the project site prior to commencement of the work and shall obligate construc�on contractor to provide Consultant access to the work wherever it is in prepara�on or progress. Limi�ng access by Client, Owner, or construc�on contractor may result in extra services in accordance with Sec�on 2.06.

ARTICLE 2 – INVOICES AND PAYMENTS

2.01 Payment Through Third Par�es: If payment for Consultant’s services is to be made on behalf of Client by a third-party lender, Client shall no�fy Consultant of the third-party lender’s payment terms, and Client agrees that Consultant shall not be required to indemnify the third-party lender, in the form of an endorsement or otherwise, as a condi�on to receiving payment for services.

2.02 Terms of Payment: All fees and other charges due Consultant will be billed monthly and shall be due at the �me of billing unless specified otherwise in this Agreement. If Client fails to pay Consultant within thirty (30) days a�er invoices are rendered, Consultant shall have the right in its sole discre�on 115

STANDARD PROVISIONS OF AGREEMENT BETWEEN CLIENT AND CONSULTANT 2/2024 V1 Page 6 of 17
to consider such default in payment a material breach of this en�re Agreement and, upon writen no�ce, Consultant’s du�es, obliga�ons, and responsibili�es under this Agreement may be suspended or terminated. In such event, Client shall promptly pay Consultant for all outstanding fees and charges due to Consultant at the �me of suspension or termina�on. If Consultant elects to suspend or terminate Consultant’s services pursuant to this provision, Consultant is en�tled to reasonable suspension or termina�on costs or expenses. For lump-sum work, the amount due shall be based on Consultant's es�mate of the percent complete at the �me that the invoice is prepared.

2.03 Billing Acceptance: Client agrees that all billings from Consultant to Client are correct and binding on Client unless Client, within ten (10) days from the date of receipt of such billing, no�fies Consultant in wri�ng of alleged inaccuracies, discrepancies, or errors in billing.

2.04 Late Payment Fees: Client agrees to pay a monthly late payment charge, which will be the lesser of one and one-half percent (1½%) per month or a monthly charge not to exceed the maximum legal rate, which will be applied to any unpaid balance commencing thirty (30) days a�er the date of the billing.

2.05 Fee Increases: In the event Consultant’s fee schedule changes due to any increase of costs, such as the gran�ng of wage increases and/or other employee benefits to field or office employees due to the terms of any labor agreement, or increase in the cost of living during the life�me of this Agreement, a percentage increase may be applied to all remaining fees and charges to reflect the increased costs.

2.06 Addi�onal Work: Client agrees that if Client requests services not specified in the scope of services described in this Agreement, Client will pay for all such addi�onal services as extra services in accordance with Consultant’s billing rates u�lized for this Agreement or as amended to this Agreement.

2.07 Client Fee Responsibili�es: Unless noted otherwise, Client or Owner shall pay the costs of all permi�ng and applica�on fees, including but not limited to zoning and annexa�on applica�on fees, assessment fees, �tle company fees, soils or geotechnical engineering fees, applicable taxes on professional services, permit fees, bond premiums, reproduc�ons, tes�ng and inspec�on fees, commissioning fees, and all other similar charges not specifically covered by the terms of this Agreement. Upon Consultant’s request, Client or Owner shall execute and deliver, or cause to be executed and delivered, such addi�onal informa�on, documents, or money to pay governmental fees and charges which are necessary for Consultant to perform services pursuant to the terms of this Agreement.

ARTICLE 3 – OPINIONS OF CONSTRUCTION COST ESTIMATES AND/OR QUANTITIES

3.01 Opinions of Construc�on Cost Es�mates and/or Quan��es: If the scope of services requires Consultant to es�mate quan��es, such es�mates are made on the basis of Consultant's experience and qualifica�ons and represent Consultant's best judgment as a professional generally familiar with the industry. However, such es�mates are only es�mates and shall not cons�tute representa�ons, warran�es, or guarantees of the quan��es of the subject of the es�mate. If the scope of services requires Consultant to provide its opinion of probable construc�on costs, such opinion is to be made on the basis of Consultant's experience and qualifica�ons and represents Consultant’s best judgment as to the probable construc�on costs. However, since Consultant has no control over costs or the price of labor, equipment, or materials or over the construc�on contractor’s method of pricing, such opinions of probable construc�on costs do not cons�tute representa�ons, warran�es, or guarantees of the accuracy of such opinions as compared to bid or actual costs. 116

STANDARD PROVISIONS OF AGREEMENT BETWEEN CLIENT AND CONSULTANT 2/2024 V1 Page 7 of 17

3.02 Es�mates of Quan��es: Es�mates of quan��es provided under this Agreement are not intended to be, nor should they be considered to be, precise. The es�mate will be performed pursuant to generally accepted standards of professional prac�ce in effect at the �me of performance.

ARTICLE 4 – GENERAL CONSIDERATIONS

4.01 Coopera�on: Client and Consultant agree to cooperate with each other to fulfill their responsibili�es and obliga�ons under this Agreement. Both Client and Consultant shall endeavor to maintain good working rela�onships among members of the project team.

4.02 Successors, Assigns, and Beneficiaries: This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of Client and Consultant. This Agreement shall not be assigned by either Client or Consultant without the prior writen consent of the other. Neither Client nor Consultant shall assign claims arising from the Agreement without the prior writen consent of the other. This Agreement and deliverables, obliga�ons, and rights herein are intended for the sole use and benefit of the par�es and are not intended to create any third-party rights or benefits.

4.03 En�re Agreement: This Agreement contains the en�re Agreement between Client and Consultant rela�ng to the project and the provision of services for the project. Any prior agreements, promises, nego�a�ons, or representa�ons not expressly set forth in this Agreement are of no force or effect.

Subsequent modifica�ons to this Agreement shall be in wri�ng and signed by both Client and Consultant. Consultant shall have no other du�es or responsibili�es except those set forth herein.

4.04 Agreement Execu�on: This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will cons�tute one instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transac�ons Act ((“CUETA”) Cal. Civ. Code Sec�on 1633.1 to 1633.17), for execu�ng this Agreement. The Par�es further agree that the electronic signatures of the Par�es included in this Agreement are intended to authen�cate this wri�ng and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process atached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from �me to �me. The CUETA authorizes use of an electronic signature for transac�ons and contracts among Par�es in California, including a government agency. Digital signature means an electronic iden�fier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature and shall be reasonably relied upon by the Par�es. For purposes of this Sec�on, a digital signature is a type of “electronic signature” as defined in subdivision (i) of Sec�on 1633.2 of the Civil Code. Facsimile signatures or signatures transmited via .pdf document shall be treated as originals for all purposes.

4.05 Waivers: Consultant’s or Client’s waiver of any term, condi�on, or covenant shall not cons�tute the waiver of any other term, condi�on, or covenant. Consultant’s or Client’s waiver of any breach of this Agreement shall not cons�tute the waiver of any other breach of the Agreement.

4.06 Severability: If any term, condi�on, or covenant of this Agreement is held by a court of competent jurisdic�on to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on Client and Consultant. Client and Consultant agree that the Agreement shall be 117

STANDARD PROVISIONS OF AGREEMENT BETWEEN CLIENT AND CONSULTANT 2/2024 V1 Page 8 of 17
reformed to replace such invalid provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intent of the invalid provision.

4.07 Controlling Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California.

4.08 Suspension or Termina�on: Client acknowledges Consultant has the right to complete all services agreed to be rendered pursuant to this Agreement. In the event this Agreement is terminated before the comple�on of all services, unless Consultant is responsible for such early termina�on, Client agrees to release Consultant from all liability for services performed. In the event all or any por�on of the services by Consultant are suspended, abandoned, or otherwise terminated, Client shall pay Consultant all fees and charges for services provided prior to termina�on, not to exceed the contract limits specified herein, if any. Client acknowledges if the project services are suspended and restarted, there will be addi�onal charges due to suspension of the services which shall be paid for by Client as extra services pursuant to Sec�on 2.06. Client acknowledges if project services are terminated for the convenience of Client or Owner, Consultant is en�tled to reasonable termina�on costs and expenses, to be paid by Client as extra services pursuant to Sec�on 2.06. If Client is in default regarding Client’s payment obliga�ons under this Agreement, and Client requests Consultant con�nue providing some or all services, Consultant has no obliga�on to provide any further services unless Client provides financial assurances sa�sfactory to Consultant. Any suspension or termina�on by Client or Consultant shall be provided in wri�ng.

4.09 Client Bankruptcy: If Client files a voluntary pe��on seeking relief under the United States Bankruptcy Code or if there is an involuntary bankruptcy pe��on filed against Client in the United States Bankruptcy Court, and that pe��on is not dismissed within fi�een (15) days of its filing, Consultant shall be en�tled to con�nue suspension of the performance of any and all of its obliga�ons pursuant to this Agreement where the Client is in default and was in default prior to the filing of the bankruptcy pe��on. If, upon filing a voluntary pe��on or an involuntary pe��on in the United States Bankruptcy Court, Client seeks to have Consultant con�nue to provide services pursuant to this Agreement, Client agrees to comply with applicable provisions of the United States Bankruptcy Code to ensure payment for any con�nuing or reinstated services.

4.10 Lien and Stop No�ce Rights: This Agreement shall not be construed to alter, affect, or waive any design professional’s lien, mechanic’s lien, or stop no�ce right which Consultant may have for the performance of services pursuant to this Agreement. Client agrees to provide to Consultant the present name and address of the record owner of the property upon which the project is to be located. Client also agrees to provide Consultant with the name and address of any and all lenders who may loan money on the project and who are en�tled to receive preliminary no�ce.

4.11 Standard of Care: Consultant makes no warranty, either expressed or implied, as to its findings, recommenda�ons, drawings, specifica�ons, or professional advice except that the services were performed pursuant to generally accepted standards of professional prac�ce provided by similarly situated professionals prac�cing in the same or similar locality under the same or similar circumstances. Accordingly, Client shall provide appropriate con�ngencies in both schedule and cost.

4.12 Third Par�es: Nothing contained in this Agreement shall create a contractual rela�onship with, or a cause of ac�on in favor of, a third party against either Client or Consultant. Consultant shall not be responsible for the statements, performance, acts, errors, or omissions of any person or en�ty not 118

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under its direct control. Client acknowledges that Consultant is not responsible for the performance of work by third par�es, including but not limited to the Owner or construc�on contractor and its subcontractors.

4.13 Mutual Waiver of Consequen�al Damages: Notwithstanding any other provision of this Agreement, and to the extent permited by law, neither Client nor Consultant nor Owner, their respec�ve officers, directors, partners, employees, construc�on contractors, or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect, or consequen�al damages arising out of or connected in any way to the project or to this Agreement. This mutual waiver of consequen�al damages shall include but is not limited to loss of use, loss of profit, loss of business, loss of income, loss of reputa�on, or any other incidental, indirect, or consequen�al damage that either party may have incurred from any cause or ac�on.

4.14 Delays Beyond Reasonable Control: Consultant is not responsible for delay caused by ac�vi�es or factors beyond Consultant's reasonable control, including but not limited to delays by reason of strikes, lockouts, work slowdowns or stoppages, supply chain issues or delays, power failures, accidents, equipment malfunc�ons, acts of God, pandemics, failure of Client or Owner to furnish �mely informa�on or approve or disapprove of Consultant’s services or instruments of service promptly, or faulty performance by Client, Owner, or other contractors or governmental agencies.

When such delays beyond Consultant’s reasonable control occur, Client agrees Consultant shall not be responsible for damages nor shall Consultant be deemed to be in default of this Agreement.

Further, when such delays occur, Client agrees that, to the extent such delays cause Consultant to perform extra services, such services shall be paid for by Client as extra services in accordance with Sec�on 2.06.

4.15 Dispute Resolu�on: In the event of any li�ga�on or arbitra�on arising from or related to the services provided under this Agreement, the prevailing party will be en�tled to recovery of all reasonable costs incurred, including staff �me, court costs, atorneys’ fees, experts’ fees, and other related expenses.

Client agrees that in the event Consultant ins�tutes li�ga�on to enforce or interpret the provisions of this Agreement, such li�ga�on is to be brought and adjudicated in the appropriate court in the county in which Consultant’s place of business is located, and Client waives the right to bring, try, or remove such li�ga�on to any other county or judicial district.

In an effort to resolve any conflicts that arise during the planning, design, or construc�on of the project or following comple�on of the project, Client and Consultant agree that all disputes between them arising out of or rela�ng to this Agreement shall be submited to nonbinding media�on, unless the par�es mutually agree otherwise.

Client and Consultant further agree to include a similar media�on provision in all agreements with Owner, independent contractors, and consultants retained for the project and to require Owner, all independent contractors, and consultants also to include a similar media�on provision in all agreements with subcontractors, subconsultants, suppliers, or fabricators so retained, thereby providing for media�on as the primary method for dispute resolu�on between the par�es to those agreements.

This shall not preclude or limit Consultant’s right to file an ac�on for collec�on of fees if the amount in dispute is within the jurisdic�on of the small claims court. 119

STANDARD PROVISIONS OF AGREEMENT BETWEEN CLIENT AND CONSULTANT 2/2024 V1 Page 10 of 17
This shall not preclude or limit Consultant’s right to record, perfect, or enforce applicable mechanic’s lien or stop no�ce remedies.

Consultant and Client agree that any dispute or claim in law or equity arising between them out of this Agreement or any resul�ng transac�on, which is not setled through media�on, shall be decided by neutral, binding arbitra�on. The arbitrator shall be a re�red judge or jus�ce, or an atorney with at least 10 years of civil law experience, unless the par�es mutually agree to a different arbitrator, who shall render an award in accordance with substan�ve California law. The par�es shall have the right to discovery in accordance with Code of Civil Procedure Sec�on 1283.05. In all other respects, the arbitra�on shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdic�on.

Client agrees to reimburse Consultant for any �me and expense incurred for deposi�ons or appearances at any legal proceedings requested by Client or duly authorized atorney, or when required by a subpoena or court ac�on, as may be required from the Consultant performing work under this Agreement. Client agrees to indemnify and reimburse Consultant for costs and expenses that may result in legal ac�ons taken against Consultant unless it is determined by a court of law that Consultant was negligent in his services leading to such ac�on. Consultant shall be paid by Client for such �me and expense at his normal charge-out rate for professional services applicable at the �me.

Client and Consultant shall commence all claims and causes of ac�on against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolu�on method selected in this Agreement and within the period specified by applicable law but, in any case, not more than 10 years a�er the date of Substan�al Comple�on of the work. Client and Consultant waive all claims and causes of ac�on not commenced in accordance with this Sec�on.

4.16 Limita�on of Liability: Client agrees to limit the liability of Consultant, its principals, employees, and subconsultants, to Client and to all contractors and subcontractors on the project, for any claim or ac�on arising in tort, contract, or strict liability to the sum of $45,000 or Consultant’s fee, whichever is greater. Client and Consultant acknowledge that this provision was expressly nego�ated and agreed upon.

Consultant shall not be required to execute any documents subsequent to the signing of this Agreement that in any way might, in the judgment of the Consultant, increase Consultant's contractual or legal obliga�ons or risk, or adversely affect the availability or cost of its professional or general liability insurance. Consultant shall not be required to sign any documents, requested by any party, including Client, that would result in Consultant having to cer�fy, guarantee, warrant, or state the existence of condi�ons whose existence Consultant cannot ascertain. Client also agrees not to make resolu�on of any dispute with Consultant or payment of any money due to Consultant in any way con�ngent upon Consultant signing any such cer�fica�on, guarantee, warranty, or statement.

4.17 Statute of Limita�ons: Any applicable statute of limita�ons pertaining to all causes of ac�on, latent or patent, shall commence to run and any alleged cause of ac�on shall be deemed to have accrued in any and all events not later than the date of Substan�al Comple�on. 120

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4.18 Instruments of Service: Client acknowledges all reports, drawings, specifica�ons, field data, notes, photographs, videos, and other documents, including all such documents on electronic media, prepared by Consultant and Consultant’s subconsultants are instruments of service and shall remain the property of Consultant and Consultant’s subconsultants and may be used by Consultant without the consent of Client. Consultant and Consultant’s subconsultants shall be deemed the authors and owners of their respec�ve instruments of service, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribu�on of instruments of service to meet official regulatory requirements or for similar purposes in connec�on with this Agreement is not to be construed as publica�on in deroga�on of the reserved rights of Consultant or Consultant’s subconsultants. Upon request and payment of all costs involved, Client is en�tled to a copy of all final drawings and specifica�ons for use in connec�on with the project for which the drawings and specifica�ons have been prepared. Client acknowledges that its right to u�lize final drawings and specifica�ons and the services of Consultant provided pursuant to this Agreement will con�nue only so long as Client is not in default, pursuant to the terms and condi�ons of this Agreement, and Client has performed all its obliga�ons under this Agreement. In the event Client is in default of any of the terms and condi�ons of this Agreement, any license or right to u�lize the instruments of service by Client is automa�cally revoked.

4.19 Electronic Files: In accep�ng and u�lizing any electronic files or drawings, reports, and data on any form of electronic media generated and furnished by Consultant (“electronic files”), Client covenants and agrees that all such electronic files are instruments of service of Consultant, who shall be deemed the author and shall retain all common law, statutory law, and other rights, including copyrights.

Client agrees not to use or reuse these electronic files, in whole or in part, for any purpose or project other than the project that is subject of this Agreement. Client agrees not to make changes to or transfer these electronic files to others without the prior writen consent of Consultant. Client further agrees to waive all claims against Consultant resul�ng in any way from any unauthorized changes, use, or reuse of the electronic files for any other project by anyone other than Consultant.

Client acknowledges that Client and Consultant have agreed on all hardware and so�ware specifica�ons which may be necessary for transmission of electronic files relevant to the project.

Electronic files furnished by either party shall be subject to an acceptance period of fi�een (15) days during which the receiving party agrees to perform appropriate acceptance tests. The party furnishing the electronic file shall correct any discrepancies or errors detected and reported within the acceptance period. A�er the acceptance period, the electronic files shall be deemed to be accepted and neither party shall have any obliga�on to correct errors or maintain electronic files.

Electronic files, such as computer-aided dra�ing and design files, may not be construc�on documents, and Consultant makes no representa�on as to their accuracy or completeness. Client is aware that differences may exist between the electronic files delivered and the signed and stamped or sealed construc�on documents. In the event of a conflict between signed construc�on documents prepared by Consultant and electronic files, the signed and stamped or sealed construc�on documents, copies of which shall be kept by Consultant, shall govern.

In addi�on, Client agrees, to the extent permited by law, to indemnify and hold harmless Consultant, its officers, directors, employees, and subconsultants against all damages, liabili�es, or costs, including reasonable atorneys’ fees and defense costs, arising from any unauthorized changes made by anyone 121

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other than Consultant or from any use or reuse of the electronic files for any other project by anyone other than Consultant.

Under no circumstances shall delivery of electronic files for use by Client be deemed a sale of a product by Consultant, and Consultant makes no warran�es, either expressed or implied, of merchantability and fitness for any par�cular purpose. In no event shall Consultant be liable for any damages as a result of Client’s use or reuse of the electronic files.

4.20 Promo�onal Rights: Consultant shall have the right to include photographic or ar�s�c representa�ons of the design of the project among Consultant’s promo�onal and professional materials. Consultant shall be given reasonable access to the completed project to make such representa�ons. However, Consultant’s materials shall not include Client’s or Owner’s confiden�al or proprietary informa�on if Client or Owner has previously advised Consultant in wri�ng of the specific informa�on considered by Client or Owner to be confiden�al or proprietary. Client shall provide professional credit for Consultant in Client’s promo�onal materials for the project. This Sec�on shall survive the termina�on of this Agreement unless Client terminates this Agreement for cause.

4.21 Use of Non-Final Documents: Client and Owner agrees not to use or permit any other person to use drawings, specifica�ons, reports, or other documents prepared by Consultant which drawings, specifica�ons, reports, or other documents are not final and which are not signed and stamped or sealed by Consultant. Client shall be responsible for any such use of all non-final drawings, specifica�ons, reports, or other documents not signed and stamped or sealed by Consultant. Client hereby waives any claim for liability against Consultant for such use. Client agrees, to the extent permited by law, to indemnify and hold harmless Consultant, its officers, directors, employees, and subconsultants against all damages, liabili�es, or costs, including reasonable atorneys’ fees and defense costs, arising from a viola�on of this sec�on by Client or Owner. Client further agrees that final drawings, specifica�ons, reports, or other documents are for the exclusive use of Client and may be used by Client only for the project described hereinbefore and such use is subject to the terms and condi�ons of this Agreement. Such final drawings, specifica�ons, cost es�mates, reports, or other documents may not be changed or used on a different project without writen authoriza�on or approval by Consultant. If signed check prints are required to be submited with a stamp or seal, they shall not be considered final for purposes of this sec�on.

4.22 Unauthorized Changes, Direc�ves, or Subs�tu�ons: In the event that 1) Client or Owner agrees to, authorizes, or permits changes/subs�tu�ons in the drawings, specifica�ons, documents, or electronic files prepared by Consultant, which changes/subs�tu�ons are not consented to in wri�ng by Consultant, or 2) Client or Owner agrees to, authorizes, or permits construc�on of unauthorized changes/subs�tu�ons in the drawings, specifica�ons, documents, or electronic files prepared by Consultant, which changes are not consented to in wri�ng by Consultant, or 3) Client or Owner agrees to, authorizes, or accepts non-conforming work not consented to in wri�ng by Consultant, or 4) Client or Owner does not follow recommenda�ons prepared by Consultant pursuant to this Agreement, which changed recommenda�ons are not consented to in wri�ng by Consultant, then Client acknowledges that the unauthorized changes and their effects are not the responsibility of Consultant, and Client agrees to release Consultant from all liability arising from the use of such changes and further agrees, to the extent permited by law, to defend, indemnify, and hold harmless Consultant, its officers, directors, employees, and subconsultants from and against all claims, demands, damages, or costs, including atorneys’ fees, arising from the unauthorized changes. 122

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4.23 Government or Agency Permits or Approvals: If the scope of services includes Consultant’s assistance in applying for governmental or agency permits or approvals, Consultant’s assistance shall not cons�tute a representa�on, warranty, or guarantee that such permits or approvals will be acted upon favorably by any government or agency. If Consultant, pursuant to this Agreement, produces drawings, specifica�ons, or other documents and/or performs field services and such drawings, specifica�ons, or other documents and/or field services are required by any government or agency and such government or agency changes its ordinances, codes, policies, procedures, or requirements a�er the date of this Agreement, any addi�onal office or field services thereby required shall be paid for by Client as extra services in accordance with Sec�on 2.06.

Consultant shall not be liable for damages resul�ng from the ac�ons or inac�ons of government or agencies, including but not limited to permit processing, environmental impact reports, dedica�ons, general plans and amendments thereto, zoning maters, annexa�ons or consolida�ons, use or condi�onal use permits, project or drawing approvals, funding agency agreements, and building permits. Client agrees that it is the responsibility of Client or Owner to maintain in good standing all governmental or agency permits or approvals and to �mely apply for any necessary extensions thereof.

4.24 Asbestos and Hazardous/Toxic Materials: Client acknowledges that Consultant’s scope of services for this project does not include any services related in any way to asbestos and/or hazardous or toxic materials. Should Consultant or any other party encounter such materials on the job site, or should it in any other way become known that such materials are present or may be present on the job site or any adjacent or nearby areas which may affect Consultant’s services, Consultant may, at its op�on, suspend or terminate work on the project un�l such �me as Client or Owner retains a qualified contractor to abate and/or remove the asbestos and/or hazardous or toxic materials and warrant that the job site is free from any hazard which may result from the existence of such materials.

Client hereby agrees to bring no cause of ac�on on any basis whatsoever against Consultant, its officers and directors, principals, employees, and subconsultants if such claim or cause of ac�on in any way would involve Consultant’s services for the inves�ga�on, detec�on, abatement, replacement, use or specifica�on, or removal of products, materials, or processes containing asbestos, asbestos cement pipe, and/or any hazardous or toxic materials. Client further agrees, to the extent permited by law, to defend, indemnify, and hold harmless Consultant, its officers, directors, principals, employees, and subconsultants from any asbestos and/or hazardous or toxic material-related claims that may be brought by third par�es as a result of the services provided by Consultant pursuant to this Agreement, except claims caused by the sole negligence or willful misconduct of Consultant.

Client agrees, to the extent permited by law, to defend, indemnify, and hold harmless Consultant, its officers, directors, principals, employees, and subconsultants from and against all claims, losses, damages, and cost caused by, arising out of, or rela�ng to, the presence of any fungus, mildew, mold, or resul�ng allergens, provided that such claim, loss, damage, or cost is not due to the sole negligence or willful misconduct of Consultant.

4.25 Field Condi�ons Acknowledgement: Client acknowledges that the design services performed pursuant to this Agreement are based upon field and other condi�ons exis�ng at the �me these services were performed. Client further acknowledges that field and other condi�ons may change by the �me project construc�on occurs and clarifica�on, adjustments, modifica�ons, and other changes 123

STANDARD PROVISIONS OF AGREEMENT BETWEEN CLIENT AND CONSULTANT 2/2024 V1 Page 14 of 17
may be necessary to reflect changed or discovered field and other condi�ons. Such clarifica�ons, adjustments, modifica�ons, and other changes shall be paid for by Client as extra services in accordance with Sec�on 2.06.

4.26 Site Condi�ons and Subsurface Inves�ga�ons: Consultant makes no representa�ons concerning soils or geological condi�ons unless specifically included in wri�ng in this Agreement, or by amendments to this Agreement, and shall not be responsible for any liability that may arise out of the making of or failure to make soils or geological surveys, subsurface soils or geological tests, or general soils or geological tes�ng.

In soils, founda�on, groundwater, and other subsurface inves�ga�ons, the actual characteris�cs may vary significantly between successive test points and sample intervals and at loca�ons other than where observa�ons, explora�on, and inves�ga�ons have been made. Because of the inherent uncertain�es in subsurface evalua�ons, changed underground condi�ons may occur that could affect total project cost and/or execu�on. These condi�ons and cost/execu�on effects are not the responsibility of Consultant or Consultant’s subconsultants. Client agrees to pay Consultant for any and all addi�onal costs and expenses incurred by Consultant and further agrees, to the extent permited by law, to defend, indemnify, and hold harmless Consultant, its officers, directors, employees, and subconsultants from all damages, liabili�es, or costs, including reasonable atorneys' fees and costs, arising from or related to the subsurface condi�ons.

4.27 Grading Plans and Construc�on Staking: If the scope of services to be provided by Consultant pursuant to the terms of this Agreement includes the prepara�on of grading plans but excludes construc�on staking services, Client acknowledges that such staking services normally include coordina�ng civil engineering services and the prepara�on of record drawings based upon informa�on provided by others, and Client or Owner will be required to retain such services from another consultant or pay Consultant pursuant to this Agreement for such services as extra services in accordance with Sec�on 2.06.

4.28 Prevailing Wages: Unless the scope of services to be provided by Consultant expressly includes Consultant’s assistance in determina�ons regarding the applica�on of prevailing wages, Client and Consultant acknowledge that it is Client’s or Owner’s exclusive responsibility to determine whether the project, which is the subject of this Agreement, is a “public work” as defined in California Labor Code Sec�on 1720, and whether prevailing wage rates are to be paid to certain workers in connec�on with the project, and determine the rate of prevailing wages to be paid to certain workers.

Consultant will develop its schedule of labor rates in reliance on the determina�ons of Client. In the event of a dispute regarding whether the project is a “public work,” whether prevailing wages are to be paid, or the amount of prevailing wages to be paid to individual workers, Client agrees to pay Consultant for any and all addi�onal costs and expenses (including addi�onal wages, penal�es, and interest) incurred by Consultant and further agrees, to the extent permited by law, to defend, indemnify, and hold harmless Consultant, its officers, directors, employees, and subconsultants from all damages, liabili�es, or costs, including reasonable atorneys' fees and costs, arising from or related to Client’s or Owner’s determina�ons regarding the applica�on of or payment of prevailing wages.

4.29 Common Interest Developments: If the scope of services of Consultant includes the rendi�on of professional services for a project which is a common interest development subject to the provisions of Civil Code Sec�on 1375, Client agrees to reimburse Consultant for all costs associated with 124

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Consultant's par�cipa�on in the pre-li�ga�on process described in Civil Code Sec�on 1375. Further, Client agrees to pay Consultant’s fees for �me incurred par�cipa�ng in the pre-li�ga�on process.

These fees and costs shall be paid as extra services in accordance with Sec�on 2.06. Such extra services shall be paid at Consultant’s normal hourly rates in effect at the �me Consultant par�cipates in the pre-li�ga�on process. For purposes of this sec�on, a “common interest development” shall be a common interest development as defined in Civil Code Sec�on 1375.

Client agrees, to the extent permited by law, to defend, indemnify, and hold harmless Consultant, its officers, directors, employees, and subconsultants from all damages, liabili�es, or costs, including reasonable atorneys' fees and costs, arising from or related to Consultant’s par�cipa�on in the pre-li�ga�on process pursuant to Civil Code Sec�on 1375.

Client agrees that if Client or Owner receives No�ce of Commencement of Legal Proceedings pursuant to Civil Code Sec�on 1375, Client will no�fy Consultant in wri�ng within ten (10) days of Client’s receipt of the No�ce of Commencement of Legal Proceedings, provided the No�ce of Commencement of Legal Proceedings either iden�fies Consultant as a poten�ally responsible party or the face of the No�ce contains informa�on which iden�fies Consultant’s poten�al responsibility. If Client does not �mely no�fy Consultant, then Client agrees, to the extent permited by law, to defend, indemnify, and hold harmless Consultant, its officers, directors, employees, and subconsultants from all damages, liabili�es, or costs, including reasonable atorneys' fees and costs, arising from or related to Client’s failure to �mely no�fy Consultant.

ARTICLE 5 – POST-DESIGN-RELATED PROVISIONS

5.01 Construc�on Phase Services: If the scope of services contained in this Agreement does not include construc�on-phase services for this project, Client acknowledges such construc�on-phase services will be provided by Client or by others and Client assumes all responsibility for interpreta�on of the Contract Documents, construc�on observa�on, and supervision and waives any claim against Consultant that may in any way be connected thereto. In addi�on, Client agrees, to the extent permited by law, to indemnify and hold Consultant harmless from any loss, claim, or cost, including reasonable atorneys' fees and costs of defense, arising or resul�ng from the performance of such services by other persons or en��es and from any and all claims arising from the modifica�on, clarifica�on, interpreta�on, adjustments, or changes made to the Contract Documents to reflect changed field or other condi�ons, except for claims arising from the sole negligence or willful misconduct of Consultant.

5.02 Construc�on Contractor’s Obliga�ons: Client agrees that in accordance with generally accepted construc�on prac�ces, the construc�on contractor and construc�on subcontractors will be required to assume sole and complete responsibility for job site condi�ons during the course of construc�on of the project, including safety of all persons and property and that this requirement shall apply con�nuously and not be limited to normal working hours. The presence or du�es of Consultant’s personnel at a construc�on site, whether as on-site representa�ves or otherwise, do not make Consultant or Consultant’s personnel in any way responsible for those du�es that belong to Client, Owner, and/or the construc�on contractor(s) or other en��es and do not relieve the construc�on contractor(s) or any other en�ty of their obliga�ons, du�es, and responsibili�es, including but not limited to all construc�on methods, means, techniques, sequences, or procedures necessary for performing, superintending, or coordina�ng and comple�ng all por�ons of the construc�on work in 125

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accordance with the construc�on Contract Documents and any health or safety requirements of any regulatory agency or state law. Consultant and Consultant’s personnel have no authority to exercise any control over any construc�on contractor or other en�ty or their employees in connec�on with their work or any health or safety precau�ons and have no duty for inspec�ng, no�ng, observing, correc�ng, or repor�ng on health or safety deficiencies of the construc�on contractor(s) or other en�ty or any other persons at the site except Consultant’s own personnel.

The presence of Consultant’s personnel at a construc�on site is for the purpose of providing Client and Owner a greater degree of confidence that the completed work will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the construc�on contractor. Consultant neither guarantees the performance of construc�on contractor nor assumes responsibility for construc�on contractor’s failure to perform their work in accordance with Contract Documents.

5.03 Submitals and Shop Drawings: Consultant shall review and take no excep�ons or take other appropriate ac�on upon construc�on contractor’s submitals, such as shop drawings, product data, and samples but only for the limited purpose of checking for conformance with informa�on given and the design concept expressed in the Contract Documents. Review of such submitals is not for the purpose of determining the accuracy and completeness of other informa�on such as dimensions, quan��es, and installa�on or performance of equipment or systems, which are the construc�on contractor's responsibility. Consultant’s review shall not cons�tute approval of safety precau�ons or construc�on means, techniques, sequences, or procedures. Consultant’s review of a specific item shall not indicate review of an assembly of which the item is a component.

5.04 Rejec�on of Work: Consultant has the authority to reject work that does not conform to the Contract Documents. Whenever Consultant considers it necessary or advisable, Consultant shall have the authority to require inspec�on or tes�ng of the work in accordance with the provisions of the Contract Documents, whether or not the work is fabricated, installed, or completed. However, neither this authority of Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of Consultant to the construc�on contractor, subcontractors, suppliers, their agents or employees, or other persons or en��es performing por�ons of the work.

5.05 Re-Staking or Record Monumenta�on: In the event that any staking or record monuments are destroyed, damaged, or disturbed by an act of God or par�es other than Consultant, the cost of restaking shall be paid for by Client as extra services in accordance with Sec�on 2.06.

5.06 Changed Condi�ons: If during the construc�on phase of the project Client discovers or becomes aware of changed field or other condi�ons which necessitate clarifica�ons, modifica�ons, or other changes to the drawings, specifica�ons, es�mates, or other documents prepared by Consultant, Client agrees to no�fy Consultant and retain Consultant to prepare the necessary changes or modifica�ons before construc�on ac�vi�es proceed. Further, Client agrees to require a provision in its construc�on contracts for the project which requires the construc�on contractor to promptly no�fy Client of any changed field or other condi�ons so that Client may in turn no�fy Consultant pursuant to the provisions of this sec�on. Any extra work performed by Consultant pursuant to this sec�on shall be paid for as extra services pursuant to Sec�on 2.06. 126

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5.07 Record Drawings: The construc�on contractor is responsible for keeping an updated set of documents including but not limited to drawings, specifica�ons, addenda, change orders, work change direc�ves, field orders, and writen interpreta�ons and clarifica�ons as a record of the work as constructed under the Contract for Construc�on. If Consultant is tasked to provide record drawings, they shall be defined as drawings depic�ng the completed project, or a specific por�on of the completed project, prepared by Consultant as an addi�onal service and based on construc�on contractor’s record of the work as delivered to Consultant and annotated by construc�on contractor to show changes made during construc�on. Record drawings are based on the construc�on contractor’s record of the work, and Consultant is not responsible for the accuracy or completeness of the record drawings. \\penfs02\VOL1\Jobs\00.04\2024\01_ENGINEERING AGREEMENTS\1080.05 EA Susanville Fire Station - HVAC Replacement.docx 127
5155 VENTURE PARKWAY
REDDING, CA 96002
(530) 244-0202

SCOPE OF SERVICES
We propose to provide the following Scope of Services for the fees shown below:

Mechanical and Plumbing
Construction Documents:

1. One combined site visit for mechanical and plumbing to review existing conditions affiliated with new equipment and ducted systems.

2. Mechanical specifications shall be included in CSI format.

3. Calculate ventilation air and exhaust requirements to meet Client, code, and industry standards.

4. Trace 3D calculations to determine heating and cooling loads.

5. Size plumbing piping to drain water from cooling coil condensate pans.

6. Construction drawings:
a. General notes, equipment/fixture schedules, and legends. 128

Page 2 ends

7. Title 24 compliance documents:
a. HVAC (NRCC-MCH-E).

8. Details as required to accurately depict the improvements shown on the drawings.

Construction Cost Estimate:

1. Prepare budget construction cost estimate for the mechanical and plumbing work.

Bidding:

1. Answer Contractor questions relevant to mechanical design during bidding of the project.

2. Prepare addendum as necessary for mechanical and plumbing design-related work.

3. Attend one bid walk.

Construction Administration:

1. Review submittals and respond to requests for information (RFIs) pertaining to the original Scope of Services.

2. Answer questions regarding mechanical and plumbing design during construction.

3. One combined site visit for mechanical and plumbing to verify final construction and close out project.

4. Prepare punch list once construction has occurred.

Electrical
Construction Documents:

1. One site visit for electrical to review existing conditions.

2. Coordination with electric utility, including service application, load calculations, and drawings as required for a complete application.

3. Load, voltage drop, and short circuit calculations in accordance with California Electrical Code requirements and as required by the Authority Having Jurisdiction (AHJ).

Page 3 ends

5. Plan review:
a. Address plan review comments as required.

6. Drawings shall be suitable for constructing the electrical systems and obtaining approval from the AHJ.

Construction Cost Estimate:

1. Prepare budget construction cost estimate for the electrical work.

Bidding:

1. Answer Contractor questions relevant to electrical design during bidding of the project.

2. Prepare addendum as necessary for electrical design-related work.

3. Attend one bid walk.

Construction Administration:

1. Review submittals and respond to RFIs pertaining to the original Scope of Services.

2. Answer questions regarding electrical design during construction.

3. Prepare punch list once construction has occurred.

Structural
Construction Documents:

1. One site visit for structural to review existing conditions.

2. Review existing structural drawings for information relevant to our design as required.

3. Review equipment technical data sheets for new roof-, ceiling-, and ground-mounted equipment.

4. Provide structural calculations for new rooftop-, ceiling-, and ground-mounted mechanical and electrical equipment.

Repair or retrofit design will be limited to rafters and ceiling joists supporting new equipment and excludes the existing glulam beams.
130

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PROPOSAL Susanville Fire Station – HVAC Replacement
d. Equipment anchorage and attachment details.
e. Address plan review comments by the AHJ.

Construction Cost Estimate:

1. Prepare budget construction cost estimate for the structural work.

Bidding:

1. Answer Contractor questions relevant to structural design during bidding of the project.

2. Prepare addendums for structural items related to our original Scope of Work as necessary.

Construction Administration:

1. Review submittals and respond to RFIs pertaining to the original Scope of Services.

EXCLUSIONS
The following assumptions have been made and are not included in the above Scope of Services:

1. Preparation of As-Built Drawings or Record Drawings.

3. Revisions to design or coordination caused by presence of asbestos or other hazardous and toxic materials.

5. Creation of as-built documents, except where needed for this project.

6. Fire alarm system design.

7. Technology system design.

8. Generator system design other than what is required to reconnect existing generator to new service.

9. Photovoltaic system design. This service may be added for an additional fee if desired.

10. Interior or exterior lighting system designs.
131

Page 5 ends

PROPOSAL Susanville Fire Station – HVAC Replacement
FEE
Our lump-sum fee for completing the Scope of Services as described above is:

Mechanical
Construction Documents:

Construction Cost Estimate:

Bidding:

Construction Administration:

Mechanical Subtotal:
$20,300
$1,600
$2.350
$11,000
$35,250
Electrical
Construction Documents:

Construction Cost Estimate:

Bidding:

Construction Administration:

Electrical Subtotal:
$11,750
$1,400
$2,100
$3,500
$18,750
Structural
Construction Documents:

Construction Cost Estimate:

Bidding:

Construction Administration:

Please give me a call if you have any questions regarding our Scope of Services.

Sincerely,
Alex Harp
Senior Mechanical Engineer
Enclosures
c: Dan Newton, City of Susanville, [email protected] Calvin Abshier, PACE Engineering, Inc., [email protected] Steve Wilson, PACE Engineering, Inc., [email protected] M:\Jobs\00.04\2022\Electrical & Mechanical\City of Susanville Fire Station\Boiler Replacement\Ltr Prop_ Susanville Fire Station HVAC Replacement.docx 132
5155 VENTURE PARKWAY • REDDING, CA 96002 • (530) 244-0202 • WWW.PACEENGINEERING.US

DATE: July 14, 2022
JOB NO.: 1080.04
SUBJECT: Susanville Fire Station HVAC – Basis for Project Funding

Page 2 ends

50%, where new boilers for this type of facility operate closer to 95% efficiency. Upgrading would result in large savings on the monthly propane bills.

The new HVAC equipment will add approximately 80 amps of load to the existing service.

BASIS OF COST ESTIMATES
Following are descriptions of work for system replacements. These descriptions are the basis we used for preparing the equipment and materials portion of the cost estimates.

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Susanville Fire Department June 14, 2022

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Figure 1 – Existing Heating Water Boiler

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Susanville Fire Department June 14, 2022

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Figure 2 – VRV Heat Pump
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Susanville Fire Department June 14, 2022

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Figure 2 cont. – VRV Heat Pump
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Susanville Fire Department June 14, 2022

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Figure 3 – Equipment Locations
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Susanville Fire Department June 14, 2022

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Figure 4 – Revised One-Line Diagram
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Susanville Fire Department June 14, 2022

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Figure 5 – Electrical Distribution
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AGENDA ITEM NO. 12.C
Action Item
Submitted By: Dan Newton, Administrative Services
Action Date: November 20, 2024
SUBJECT: Discussion regarding 830 Main Street - St. Francis PRESENTED BY: Dan Newton, City Manager
SUMMARY: On November 1, 2024, a fire destroyed the building located at 830 Main Street, commonly known as the St. Francis Hotel. City staff took immediate action necessary to safeguard the public. The California Government Code requires the City Council to review the emergency action taken and if said action is still on-going, the City Council must determine if it is necessary to continue without going out to bid or issuing contracts. A 4/5 vote of the council is required to continue the action.

Staff has authorized the following actions on an emergency basis:

1. Rental and installation of construction fencing.

2. Placement of K-rail barrier.

3. Rental equipment for partial demolition.

4. Contractor assistance with search and investigation.

5. Engineer services for structural assessment.

FISCAL IMPACT: To be determined.

ACTION REQUESTED: Review emergency actions taken to safeguard the public and determine if it is necessary to continue the emergency action.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
143
AGENDA ITEM NO. 13.A
Discussion Item
Submitted By: Heidi Whitlock, City Clerk
Action Date: November 20, 2024
SUBJECT: Department Reports
PRESENTED BY: Dan Newton, City Manager
SUMMARY: The City Manager's Report is designed for Department Heads to address the Council on a variety of topics, is needed. Also, for the Council to address any questions or comments regarding that Department Head.

FISCAL IMPACT: None.

ACTION REQUESTED: Information only.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
144
AGENDA ITEM NO. 14.A
Discussion Item
Submitted By: Heidi Whitlock, City Clerk
Action Date: November 20, 2024
SUBJECT: Future Council Items
PRESENTED BY: Dan Newton, City Manager
SUMMARY: Council may provide direction to staff to bring back items for discussion or action at a future meeting.

FISCAL IMPACT: None.

ACTION REQUESTED: Possible direction to staff.

SUSANVILLE CITY COUNCIL AGENDA ITEM
ATTACHMENTS:
241120.FutureItemsList.pdf
145
11/6/2024 Consider program and faciliites for the homeless youth of the community 11/6/2024 Consider purchasing the old Uppal building for a homeless facility 9/18/2024 Request to bring back an ARPA discussion item due to the Elk's Lodge no longer accepting the funds - IN

PROGRESS
9/18/2024 Request to have the council review and possibly update the priorities 9/18/2024 Request to bring back scope of work for the Wingfield Clubhouse improvements 9/18/2024 Request to discuss a Master Plan for the Barry Reservoir area 8/21/2024 Request to bring back a resolution related to natural gas purchases at 80% 8/21/2024 Request to bring back discussion to disolve the planning commission 9/4/2024 Request to discuss Barry Reservoir Project
9/4/2024 Request to discuss old clubhouse updates
9/4/2024 Request to discuss dissolving of Planning Commission 9/18/2024 Planning Commission discussion item to be brought back on October 16, 2024 LAST THREE MONTHS (8/20/2024 to current)

BUSINESS FROM THE FLOOR
Council requested - FUTURE COUNCIL ITEMS
Completed List Items
146

Susanville City CouncilNovember 20, 2024

Susanville City Council
November 20, 2024