St. Helena City Council
December 7, 2022

The December 7, 2022
special joint City Council
and Planning
Commission meeting will
begin at 5:00 pm.

The December 7, 2022
special City Council
meeting will begin at the
adjournment of the joint
meeting.

City of St. Helena
Special City Council Meeting
Wednesday, December 7, 2022 @ 5:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena

PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the "Oral Communication" portion of the agenda may do so, but please observe the time limit of four minutes.

Simultaneous Spanish interpretation services during meetings can be scheduled upon request.

To ensure interpreters are available, requests must be made at least 72 hours in advance by calling the Office of the City Clerk at (707) 968-2640 or emailing [email protected].

The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at https://sthelena.civicweb.net/portal/.

Servicios de interpretación en español durante la reunión pueden ser solicitados por el público.

Para asegurar que los intérpretes estén disponibles, los servicios tienen que ser solicitados al menos 72 horas antes de la reunión llamando a la oficina de la Secretaria de la Ciudad al (707) 968-2640 o por correo electrónico a [email protected] .

El horario de las reuniones publicadas y próximas puede ser localizado en el sitio de web de la Ciudad en https://sthelena.civicweb.net/portal/ .

Page

1. CALL TO ORDER

2. ROLL CALL
Mayor: Geoff Ellsworth, Vice Mayor: Paul Dohring, City Council Members: Anna Chouteau, Eric Hall and Lester Hardy.

3. ADOPTION OF THE AGENDA

4. PUBLIC COMMENT:

Under California law, public comments at special meetings are limited to subjects on the agenda only. Therefore public comment will take place during consideration of the item. Each person’s comments shall be limited to 4 minutes.

5. PRESENTATIONS AND PUBLIC RECOGNITIONS

5.1. Health Update by Dr. Karen Relucio, Public Health Officer/Deputy Director of Health and Human Services Agency Napa County

5.2. Proclamation in honor of Arbor Day December 15, 2022 presented to Public Works
Arbor Day Proclamation
5 6. CONSENT CALENDAR:

6.1. Consideration and Proposed Approval of a Contract to Godbe Research for a Community Survey in an amount not-to-exceed $32,375 CEQA Determination: Not a CEQA project
Prepared By: Preya Nixon, Asst. to the City Manager
Recommendation:

Adopt the proposed resolution.

Staff Report - Pdf
7 - 29

6.2. Consideration and Proposed Approval of (1) a Contract Change Order (CCO 25.1) Totaling $150,000 with Murray Building, Inc. for The Napa Valley College Tenant Improvement Project (C22-0001) for a Total NotTo-Exceed Amount of $1,317,379.00; (2) a Budget Increase of $150,000 to 101-4000-2145; and (3) Use of General Fund Fund Balance of $150,000.

CEQA Determination: Class I Categorical Exemption under Section 15301 of CEQA
Prepared By: Preya Nixon, Asst. to the City Manager
Recommendation:

Adopt the attached Resolution.

Staff Report - Pdf
31 - 40

6.3. Consideration and Proposed Approval of a Resolution Approving a Construction Contract to Midstate Barrier, Inc. in and amont not-toexceed $57,088 for R19-07 Silverado Guardrail Replacement Project.

CEQA Determination: Class I Categorical Exemption under Section 15301 of CEQA
Prepared By: Mario Traverso, Public Works Assistant Engineer 41 - 46

Recommendation:

Adopt the attached resolution.

Staff Report - Pdf

7. NEW BUSINESS:

7.1. Confirmation of City Council Water Ad Hoc Appointment CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:

Appointment of a Councilmember to the Water Ad Hoc Committee to replace outgoing Mayor Ellsworth.

Staff Report - Pdf
47 - 48

8. ADJOURNMENT
The next Regular City Council meeting is scheduled for December 13, 2022, at 6:00 p.m.

This agenda was posted at City Hall, 1572 Railroad Avenue, and at Vintage Hall, 465 Main Street, St. Helena, California on December 2, 2022.

Cindy Tzafopoulos, City Clerk
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call the City Clerk’s Office (707) 967-2792. Notification 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1572 Railroad Avenue, St. Helena, California, during normal business hours and by appointment. In addition, such writings or documents will be made available on the City’s web site at https://sthelena.civicweb.net and will be available for public review at the respective meeting.

City of St. Helena

PROCLAMATION

ARBOR DAY
WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and
WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and
WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal, and
WHEREAS, the City of St. Helena has been recognized as a Tree City USA by The National Arbor Day Foundation for 25 years and desires to continue its tree-planting practices
NOW, THEREFORE, let it be known that the City of St.

Helena has declared the 15th day of December 2022, as Arbor Day and will be holding tree plantings in recognition of Arbor Day for the purpose of expressing our support for efforts to protect our trees and woodlands.

Dated: December 13, 2022
__________________________________
Geoff Ellsworth, Mayor
City of St. Helena
Agenda Item #5.2.

Report to the City Council
Special City Council - 07 Dec 2022
Agenda Section: CONSENT CALENDAR:

Subject: Consideration and Proposed Approval of a Contract to Godbe Research for a Community Survey in an amount notto-exceed $32,375 CEQA
Determination:

Not a CEQA project
Prepared By: Preya Nixon, Asst. to the City Manager
Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
Recognizing the importance of the community feedback and the value that it has on identifying priorities for the City Council, the City Manager sees the opportunity in conducting a statistically valid Community Survey delivered by telephone and email as a means to achieve these desired results.

DISCUSSION
Staff engaged with Godbe Research, Polco, and OnPointe Insights and received proposals from each. Upon reviewing the the quotes and the scope of work, staff is recommending the contract be awarded to Godbe. Godbe has been employed by public and private sectors the United States and internationally, and is providing research in neighboring jurisdictions including Calistoga and has also completed work for the City of Napa. Most importantly, Godbe is able to accommodate the City's timeline as it relates to project completion.

Godbe will be able to incorporate some quality of life, taxpayer/budgeting, and high level satisfaction questions and topics for 2022 which would allow the City to establish a baseline for a future biennial survey. The cost to use Godbe is $32,375 for a proposed 25 minutes phone survey which includes conducting the phone survey in Spanish and would be adjusted to a lower price if the survey length is shorter.

Agenda Item #6.1.

The survey process will be conducted via a hybrid internet and telephone survey methodology with email and text for the online survey as well as calls to cell phones and landlines. The survey will also be conducted in Spanish as appropriate. Residents will only be able to complete the survey once even though they can choose their method of participation based on the contact information made available.

FISCAL IMPACT
This item has been included in the FY 2023 Adopted Budget.

RECOMMENDED ACTION
Adopt the proposed resolution.

ATTACHMENTS
PSA Godbe Research
Resolution - Godbe Agreement
Agenda Item #6.1.

[GODBE RESEARCH PSA 2022]

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on December 7, 2022 by and between the City of St. Helena, located in the County of Napa, State of California (City), and Godbe Research (Consultant).

RECITALS:

A. City desires to employ Consultant to furnish professional services in connection with the project described as scope of work and project costs for a community survey.

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

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

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

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

SECTION 3 – TIME FOR COMPLETION
The time for completion of Services shall be as identified in Exhibit A, “Scope of Services”. The parties expressly agree that time is of the essence in the performance of this Agreement.

SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit B, “Compensation” attached hereto and made a part hereof. Total compensation shall not exceed $32,375.00 unless additional compensation is approved in accordance with Section 2.

B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, Agenda Item #6.1.

[GODBE RESEARCH PSA 2022]
and the amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice. If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses.

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

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

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

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

SECTION 6 – INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.

Agenda Item #6.1.

[GODBE RESEARCH PSA 2022]
SECTION 7 – INSURANCE REQUIRED
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees, as indicated:

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

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

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

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

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

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

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

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

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

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

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

Agenda Item #6.1.

[GODBE RESEARCH PSA 2022]
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions of $25,000 or greater must be declared to and approved by the City.

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

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

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

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

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

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

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

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

SECTION 8 – INDEMNIFICATION
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including legal fees and expert witness costs) Agenda Item #6.1.

[GODBE RESEARCH PSA 2022]
(collectively, “Liabilities”), incurred by reason of any negligent or otherwise wrongful act or omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, arising out of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.

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

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

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

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

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

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

B. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any Agenda Item #6.1.

[GODBE RESEARCH PSA 2022]
elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City.

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

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

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

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

SECTION 11 – OWNERSHIP OF DOCUMENTS
A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project Agenda Item #6.1.

[GODBE RESEARCH PSA 2022]
completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

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

SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF

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

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

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

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

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

Agenda Item #6.1.

[GODBE RESEARCH PSA 2022]
SECTION 13 – SUSPENSION OF WORK
City may, at any time, by ten (10) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.

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

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

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

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

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

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

SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE

REQUIREMENTS
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and Agenda Item #6.1.

[GODBE RESEARCH PSA 2022]
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

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

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

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

C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years Agenda Item #6.1.

[GODBE RESEARCH PSA 2022]
after City makes the final or last payment or within three (3) years after any pending issues between City and Consultant with respect to this Agreement are closed, whichever is later.

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

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

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

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

To City: City Manager
1572 Railroad Avenue
St. Helena, California 94574
To Consultant: Bryan Godbe
Godbe Resarch
1220 Howard Avenue, Suite 250
Burlingame, CA 94010
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.

SECTION 21 – TERMINATION
Agenda Item #6.1.

[GODBE RESEARCH PSA 2022]
A. City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.

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

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

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

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

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

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

SECTION 26 – DEFAULT
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed Agenda Item #6.1.

[GODBE RESEARCH PSA 2022]
after the date of default and may terminate this Agreement immediately by written notice to Consultant.

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

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

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

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

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

SECTION 32 – SPECIAL PROVISIONS
Agenda Item #6.1.

[GODBE RESEARCH PSA 2022]
This Agreement is subject to the following special provisions: none.

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

Consultant: City:

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

By: _________________________________
Name: Ethan Walsh
Title: City Attorney
Agenda Item #6.1.

SCOPE OF WORK AND PROJECT

COSTS TO CONDUCT A

COMMUNITY SURVEY
Presented to the City of St. Helena
November 21, 2022
Agenda Item #6.1.

City of St. Helena
Proposal to Conduct a Community Assessment Survey
Godbe Research Page 1

COMMUNITY SURVEY WORK PLAN
Godbe Research is a recognized leader in public opinion research, market research, and voter polling for California local government agencies. Our firm believes that the success of any research study depends on recognizing the individual and unique needs of each of our clients, and then crafting a project work plan to meet those specific needs. To this end, Godbe Research has developed the following project work plan for the City of St.

Helena (St. Helena or City) to illustrate the types of considerations that go into each of our community survey research projects.

Research Objectives
Before beginning any research project, Godbe Research spends significant time reviewing each client’s research objectives to choose the most appropriate research design. Based on our understanding of the project from information provided by the City as well as our experience with hundreds of community survey projects, Godbe Research understands that City has several research objectives to be addressed by this current community survey study, the most important of which is to evaluate resident satisfaction, importance, and needs of City-provided services, programs, and facilities. The formal research objectives for the community survey will be refined between Godbe Research and the City of St. Helena at the project kick-off meeting and as the project unfolds.

Scope of Work
To accomplish the research objectives of the City of St. Helena for this specific community survey process, we recommend a hybrid Internet and telephone survey with text and email recruitment for the Internet version of the survey and calls to cell phone numbers and landline telephone numbers for the telephone version of the survey.

Accordingly, Godbe Research has provided our proposed scope of work below and specific tasks for the community survey are thus envisioned to include:
 Conducting a project kick-off meeting with the St. Helena project team, as well as additional meetings to discuss the research objectives, questionnaire design, sampling design, and other facets of the overall project in detail.  Designing and refining a survey instrument of approximately 18 to 25-minutes in length so that it addresses the research objectives of the City of St. Helena for the community survey process. The survey instrument is developed in an iterative process with the City with multiple points for input, review, and approval prior to considering the survey “final” and ready for pre-testing and fielding.

 The survey will be designed to be formatted for both Internet and telephone survey modalities as a ‘hybrid survey’ and both versions of the survey will be identical save for instructions specific to each modality.  Programming, refining, and testing the Internet version of the survey instrument using our Internet survey software package. This will be done by our partner team of IT and programming experts.
 CATI programming the telephone version of the survey instrument for efficient and accurate data collection, and training telephone interviewing personnel on the questionnaire and interviewing protocol.
 For our telephone interviewing projects, Godbe Research uses only live interviewers, who have been intensively trained on the survey questionnaire, and who are located in the western United States.

Agenda Item #6.1.

City of St. Helena
Proposal to Conduct a Community Assessment Survey
Godbe Research Page 2
 Pre-testing the survey instrument in both modalities to ensure that the questions and response codes are understandable to respondents, and to ensure that the survey length coincides with the budgeted survey length for the project.  Developing a recruitment email and recruitment text for the Internet version of the survey and working with St. Helena so that Godbe Research can send recruitment emails and texts to City residents with known self-reported email addresses and cell phone numbers, respectively, in the voter file or that we can obtain through City-provided lists or third-party matching.  The text and email should be signed by the St. Helena City Manager to convey both the importance of the survey to the City and to assure residents that this is a City-sponsored survey event. Finally, the email will come from the City’s recognizable @cityofsthelena.org email domain to further convey that this is a City-sponsored survey.
 Development of a stratified and clustered listed sample of City of St. Helena registered voters as the starting point for our sampling design, given that it is the best source of known and self-reported contact information (e.g., cell phone numbers, email addresses, and landlines) for St. Helena residents. For reference, we have identified that there are a total of approximately 4,650 adult residents (ages 18+) and approximately 3,250 registered voters in the City, which means that 70% of the City’s residents are registered to vote. For all registered voters, we have email addresses for 1,608 voters or 50% of the voting electorate in the City. We also have cell phones for approximately 1,109 voters or about 34% of the voting electorate in St. Helena. Finally, we also have landline telephone numbers for 1,590 City voters or 49% of the voting electorate in St.

Helena. The usage of a listed voter sample as our sampling source also allows us to analyze data by the registered voter population as well as the ability to weight the data to see results by the larger adult resident (18+) population in the City.
 Godbe Research also plans to match City-provided lists (e.g., parks and recreation registration database) to the voter file to increase the contact information for voters in our sampling frame AND to include adult residents who are not registered to vote, so long as we have first name, last name, contact information, and physical address for matching purposes and to ensure that only St. Helena residents are included in our sample.
 Finally, contact information provided by the City will remain strictly confidential and will not be used in our analysis and reporting after the survey has been completed. This is similar to the voter file information where contact information is redacted from the analysis to preserve respondent anonymity and confidentiality.
 Optionally translating the telephone version of the survey instrument into Spanish and providing Spanish language interviewing based on respondent preference.  Conducting approximate 18, 20, 22, or 25-minute Internet and telephone interviews with between up to 300 (n=300) total St. Helena residents according to a strict interviewing protocol and our recommended sampling design of registered voters matched against City-provided lists. A sample size of 300 interviews would provide for a margin of error of no greater than +/-5.6% at the Agenda Item #6.1.

City of St. Helena
Proposal to Conduct a Community Assessment Survey
Godbe Research Page 3
95% confidence level, when looking at all adult residents (including registered voters) in the City of St. Helena.
 Merging the Internet and telephone data files, as well as processing and weighting the data to adjust for population distribution and strategic oversampling, as needed.
 This includes weighting the data to the larger adult resident population in the City based on the U.S. Census, ACS Projections, or other data source as needed by the City.
 Developing a topline report of initial findings as the first reporting deliverable in the community survey process and conducting a conference call meeting with the City to review the topline report.
 Analyzing the data from the community survey and preparing a report of results, findings, and conclusions for St. Helena which directly addresses the research objectives outlined for this specific community survey process, as well as comparing applicable questions and topics to other cities and regions as requested by the City.
 The report, in PowerPoint format, will include an overview and discussion of the research objectives, methodology discussion, key findings section, overview of satisfaction/importance of City-provided departments and services, comparisons to other cities/regions for applicable questions/topics, a demographics section, and a complete set of crosstabulations for questions asked in the survey.
 Presenting the results and recommendations from the community survey to the City of St. Helena for up to five (5) online presentations as necessary (AB 361 authorized; to prevent the transmission of COVID-19 variants, and; of course, reduce unnecessary carbon emissions).
 Post-project consulting with St. Helena regarding the results and recommendations from the community survey process, as needed (no additional charge to the City).

Agenda Item #6.1.

City of St. Helena
Proposal to Conduct a Community Assessment Survey
Godbe Research Page 4

COMMUNITY SURVEY COST OPTIONS
Godbe Research takes considerable pride in delivering reliable and practical research projects ‘on time and on budget.’ In doing so, we prefer to provide a firm, fixed fee format for our cost proposals. This is because we do not believe in assigning arbitrary hours and rarely do projects (even highly similar in terms of work scope) take the same amount of time or resources. Thus, we feel that firm and fixed-fee pricing represents the best value to our clients based on the three most important factors in any survey: sample size/number of interviews, the length of the survey in number of minutes, and the languages in which the survey is administered.

Based on our understanding of City of St. Helena’s research objectives and goals for this community survey process, Godbe Research has provided costs to conduct an 18, 20, 22, or 25-minute survey comprised of up to 300 (n=300) St. Helena adult residents using the methodology and sampling design outlined in this scope of work document. The survey process will be conducted via a hybrid Internet and telephone survey methodology with email and text to Internet recruitment as well as calls to cell phones and landlines, and a given resident will only be able to complete the survey once even though they can choose their method of participation based on the contact information we have available.

Finally, we have also provided optional costs to translate the telephone version of the survey into Spanish and to provide Spanish language interviewing based on respondent preference.

The prices below reflect the all-inclusive costs to complete the project for the City of St.

Helena-- the overall cost will not exceed those shown below, provided that parameters of the project (survey length, sample size, hybrid methodology, etc.) conform to those outlined in this proposal. Should project parameters or City or St. Helena needs change, we will be happy to provide amended costs prior to proceeding. Finally, please note that the City will only be charged the total amount from the cost options listed below that reflects the final time-tested survey length for the community survey process.

Project Task 18-min. 20-min. 22-min. 25-min.

Listed Voter Telephone Sample $800.00 $800.00 $800.00 $800.00 Email Sample Purchase $600.00 $600.00 $600.00 $600.00
Additional Cell and Email Matching $800.00 $800.00 $800.00 $800.00 Internet Version Programming/Testing $4,750.00 $5,000.00 $5,250.00 $5,500.00 CATI Programming of Telephone Version $1,350.00 $1,500.00 $1,650.00 $1,875.00 Internet Version Recruitment/Hosting $750.00 $750.00 $750.00 $750.00 Telephone Interviewing $6,200.00 $7,400.00 $8,600.00 $9,800.00 Data Processing $750.00 $750.00 $750.00 $750.00
Research Fee $7,500.00 $7,500.00 $7,500.00 $7,500.00
Project Management $2,250.00 $2,250.00 $2,250.00 $2,250.00 Miscellaneous Expenses $250.00 $250.00 $250.00 $250.00
English Only Survey Costs $26,000.00 $27,600.00 $29,200.00 $30,875.00 Spanish Translation and Programming $575.00 $650.00 $725.00 $800.00 Spanish Interviewing Fee - Phone $400.00 $500.00 $600.00 $700.00 English and Spanish Survey Total $26,975.00 $28,750.00 $30,525.00 $32,375.00 Hybrid Survey of up to 300 (n=300) St. Helena Residents Agenda Item #6.1.

GODBE RESEARCH
www.godberesearch.com
California/Corporate Offices
1220 Howard Avenue
Suite 250
Burlingame, CA 94010
Southwest/Reno Office
59 Damonte Ranch Parkway
Suite B-309
Reno, NV 89521
Seattle Office/Northwest
601 108th Avenue NE
Suite 1900
Bellevue, WA 98004
Agenda Item #6.1.

CITY OF ST. HELENA
RESOLUTION NO. 2022-
APPROVING: AN AGREEMENT WITH GODBE
RESEARCH IN AN AMOUNT NOT-TO-EXCEED $32,375

FOR A COMMUNITY SURVEY

RECITALS
A. Recognizing the importance of the community feedback and the value that it has on identifying priorities for the City Council, the City Manager sees the opportunity in conducting a statistically valid Community Survey delivered by telephone and email as a means to achieve these desired results; and
B. Staff solicited proposals from three companies; and
C. Godbe will be able to incorporate some quality of life, taxpayer/budgeting, and high level satisfaction questions and topics for 2022 which would allow the city to establish a baseline for a future biennial survey; and
D. The cost to use Godbe is $32,375 for a proposed 25 minutes and includes conducting the phone survey in Spanish and would be adjusted to a lower price if the survey length is shorter; and
E. Godbe has been employed by public and private sectors the United States and internationally, and is providing research in neighboring jurisdictions including Calistoga and has also completed work for the City of Napa. Godbe is able to accommodate the City's timeline as it relates to project completion.

F. Godbe Research has represented that they have the necessary expertise, experience, and qualification to perform the required duties; and G. The City desires to enter into a professional services agreement with Godbe Research to provide a Community Survey.

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

1. The City Council approves the Agreement with Godbe Research for a total not to exceed amount of $32,375; and

2. The City Council authorizes the City Manager to execute the agreement on behalf of the City.

Agenda Item #6.1.

Approved at a Regular Meeting of the St. Helena City Council on December 7, 2022 by the following vote:

Mayor Ellsworth: _________
Vice Mayor Dohring: _________
Councilmember Chouteau: _________
Councilmember Hall: _________
Councilmember Hardy: _________
APPROVED: ATTEST:
________________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #6.1.

Report to the City Council
Special City Council - 07 Dec 2022
Agenda Section: CONSENT CALENDAR:

Subject: Consideration and Proposed Approval of (1) a Contract Change Order (CCO 25.1) Totaling $150,000 with Murray
Building, Inc. for The Napa Valley College Tenant
Improvement Project (C22-0001) for a Total Not-To-Exceed Amount of $1,317,379.00; (2) a Budget Increase of $150,000 to 101-4000-2145; and (3) Use of General Fund Fund Balance of $150,000.

CEQA
Determination:

Class I Categorical Exemption under Section 15301 of CEQA Prepared By: Preya Nixon, Asst. to the City Manager
Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
On June 28, 2022, the City Council approved a construction contract with Murray Building Inc, (MBI) to be the General Contractor for the Napa Valley College Tenant Improvement Project for an amount not-to-exceed $1,167,379. The City Council also approved a contract with MarinIT for upgraded cabling and relocation services for IT infrastructure.

Noll and Tam Architects have served as the Architect of Record for this project, and have provided all the design work.

The buildings at the Napa Valley College site were previously used primarily for administrative staff and for academic classes. To expedite occupancy, the City's contractors, architect, and staff have chosen to limit any major changes-particularly structural changes or exterior changes.

On October 25, 2022, the City Council adopted a resolution authorizing the design of additional office spaces. The purpose of the changes was to use the space more efficiently, allow departments and staff who interact frequently to be in close promimity to Agenda Item #6.2.

each other, and minimize cost by performing anticipted construction work now as opposed to after the space is occupied.

The City’s employees are anxious to move out of the temporary spaces and into a more permanent facility that is functional. To that end, staff and contractors are working to ensure that the new design is in compliance with all applicable laws, provides the appropriate levels of security, has sufficient capacity for future growth, and appropriate to provide the community with various services. These design changes have been necessitated to provide for a more efficient use of the space and to address various issues including security, information technology, internal communication, and service optimization.

DISCUSSION
The existing construction contract with MBI contains a 10% change order contingency by the approval of the Public Works Director. Since construction has begun, several change orders within the contingency has been executed; however, the additional construction work associated with the design changes approved by City Council in October 2022 is $150,000, which exceeds the previously appropriated change order contingency in the original construction contract scope. Due to the amount associated with this Construction Change Order (CCO #25.1), staff is bringing this change order to Council for approval.

The scope of work, generally, includes the following:
- Office improvements, including demolition
- Electrical and mechanical requirements
- Extension of working days
- Contingencies
It should be noted that Table 1 reflects various delays encountered, impacts to project completion (i.e. move-in), and alternative course of action/impacts. Additional information for each item contained in Table 1 is provided after the table.

Table 1:

Item Issue Time Solution
Generator
Waiting on Hazard Mitigation
Grant Program (HMPG)
notice of award. No work for
the generator portion of this
project can begin until the City
receives notification of award.

Process includes BAAQM
Permit and ordering of
generator. Current lead time
of generator is 12 months.

Est. 18 months
Dispatch will not
move in until
redundant power
is in place.

Doors Delay of delivery for doors Est. arrival March
2023
Install temporary
doors in select
Agenda Item #6.2.

locations and
obtain temporary
locksets.

Transformer Delay due to supply chain
issues
Est. arrival April
2023
Since the
transformer
provides power to
the modular
"locker room", the
Police Department
will not be able to
move in at the
same time as
Administration.

See additional
discussion below.

Comcast
Internet
Currently, there is no separate
internet which is required for
the City to have its own
network. Delays are due to
Comcast scheduling
Est. completion
and go-live for City
internet/network is
end of year.
provided as FYI.

Generator
In April of 2022, City staff applied for a grant through CalOES Hazard Mitigation Grant Program (HMGP) for a permanent emergency generator in order to provide certainty of power to the Police Department Dispatch Center. Staff has yet to receive a Notice of Award. As such, the Dispatch personnel and operational equipment will not be moved to the new facility until the generator has been funded and installed. MBI recently noted that procurement of an emergency generator could have as much as an 18-month lead time, compounded by significant lead time associated with the PG&E application process.

Doors/Hardware
The original bid documents did not account for security systems, including but not limited to access control, within the lease area. Staff is now able to proceed with the development of specifications for both doors and hardware that provide appropriate access control. It is anticipated that the doors/hardware will be installed in late March/early April. The temporary solution will be to provide temporary doors and keyed locksets at selected locations.

Transformer
MBI recently communicated a delivery date of “late March or early April”. In addition, the associated electrical panel would not be delivered until “mid-April.” As such, the City Agenda Item #6.2.

should anticipate the installation of the associated improvements by late April. As noted above, the lack of transformer installation directly impacts the use of the Police Department Locker Room (i.e. portable building) and certain outlets within both the PD Administration as well as the General Administration (e.g. Director of Public Works and adjacent) offices. Upon review of the electrical circuit plans for both areas, it appears all new offices will have at least one energized electrical outlet served through the existing electrical panel with the balance of outlets being energized once the transformer/panel improvements have been installed.

Schedule
Staff is very excited to move in. However, with this project, some issues have caused delays. Staff has consulted with the construction manager and general contractor and believes that “substantial completion” of the previously authorized contract work can be achieved by December 31, 2022. However, as noted above, this excludes the installation of the temporary doors or the completion of the scope of improvements recommended under this agenda item. MBI believes they can complete all contract work by January 31, 2023.

Therefore, staff's recommendation is to have all the work completed in the proposed change order and purchase temporary doors for an anticipated move-in date in February.

This will allow the contractor to complete the proposed upgrades when the building is not occupied. The contractor would then demobilize and return in early April to install the permanent doors and hardware. This still may exclude the Police Department moving in based on the timing of the transformer and thus will likely requires occupation in two stages.

FISCAL IMPACT
The Change Order for the additional construction work is currently not budgeted and staff recommends a budget increase of $150,000 to 101-4000-2145.

General Fund balance will be utilized to cover the increased cost to the General Fund.

Below is a summary of the impact on the Net position:

General Fund Estimated Unassigned Net Position
Revised Estimated Unassigned Net Position (6/30/23) $8,764,580 Percent of Expenses Based on Total Net Position 46%
WWTP Contingency (Interfund Loan, if needed) ($2,000,000) Revised Estimated Unassigned Net Position (6/30/22) $6,764,580 Percent of Expenses Based on Total Net Position 36%

RECOMMENDED ACTION
Adopt the attached Resolution.

Agenda Item #6.2.

ATTACHMENTS
City Contract Change Order No. 25.1
Resolution - Murray Building Inc. Change Order
Agenda Item #6.2.

City of St. Helena
“We will conduct city affairs on behalf of our citizens using an open and creative process.”

Napa Valley College Tenant Improvement Project C22-0001 CCO #001 1572 Railroad Avenue
St. Helena, CA 94574
Phone: (707) 967-2792
Fax: (707) 963-7748
www.cityofsthelena.org
www.cityofsthelena.org

OF F I C E O F T H E DI R E C T O R O F PU B L I C WO R K S Contract Change Order #25.1
To: Scott Murray, Murray Building, Inc.

P.O. Box 2201
Sonoma, CA 94576
From: Joseph Leach, P.E.

Director of Public Works
Date: 12/7/2022
Re: Napa Valley College TI-Project No. C22-0001 Change Order Murray Building is directed to make the following changes to the Contract documents. You are directed as follows:

Additional Work:

Additional work per CCD.4 as approved by the Division of State Architect.

Number Description Amount
Contract Amount: Murray Building, Inc. Award of Contract 1,167,379.00 Contract Change
Order #25.1:

Additional Equipment, Material, and Labor: for CCD.4 as approved by the Division of State Architect $150,000
Adjustment in Compensation:

The compensation of Contract Change Order #25.1 is for an additional $150,000 for a new total not-to-exceed amount of $1,317,379.00.

City of St. Helena
We, the undersigned contractor, have given careful consideration to the change proposed and agree, if this proposal is approved, to provide all labor and equipment, furnish all materials, and to perform all services necessary for the work above specified, and will accept as full payment, therefore, the prices shown above.

Agenda Item #6.2.

Napa Valley College Tenant Improvement Project C22-0001 CCO #001 2 CONTRACTOR ACCEPTANCE BY:

SIGNATURE (PRINT NAME AND TITLE) DATE

PREPARED BY

SIGNATURE (PRINT NAME AND TITLE)
Joseph Leach, PE
Director of Public Works
City of St. Helena
DATE

APPROVAL BY

SIGNATURE (PRINT NAME AND TITLE)
Anil Comelo
City Manager
City of St. Helena
DATE
Agenda Item #6.2.

CITY OF ST. HELENA
RESOLUTION NO. 2022-_____
APPROVING: (1) A CONTRACT CHANGE ORDER (CCO #25.1)
TOTALING $150,000 WITH MURRAY BUILDING, INC FOR THE NAPA VALLEY COLLEGE TENANT IMPROVEMENT PROJECT (C22-0001)
FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $1,317,379.00 AND (2) A BUDGET INCREASE OF $150,000 TO 101-4000-2145 AND (3) USE OF FUND BALANCE OF $150,000.

RECITALS
A. It has been determined that current City Hall and Police Department facilities have exceeded their functional life, and;
B. On May 25, 2021, the City Council approved a Resolution 2021-73 authorizing the City Manager, or designee, to execute a lease for a portion of the Napa Valley Community College District Upper Valley Campus for space to serve as a City Hall and Police facility, and;
C. On April 13, 2021, the City entered into a contract with Noll and Tam Architects to assist with the design of Phase I of the Napa Valley College Tenant Improvements.

D. On August 6, 2021, a formal lease agreement between the City and the Napa Valley Community College Upper Valley Campus was executed, and; E. On January 24, 2022, the Division of State Architect (DSA) officially approved the proposed plans and specifications for the tenant improvements, and; F. On January 26, 2022, the City entered into a Professional Services Agreement with Greystone West Company to perform construction management in the planning and bidding stage of the project, and;
G. On May 10, 2022 City Council approved the plans and specifications for the Napa Valley College Tenant Improvement Project, Project No. C22-0001 (“Project”), found the Project categorically exempt from the California Environmental Quality Act (“CEQA”), and authorized advertisement for bids; and H. On May 25, 2022, a Notice to Contractors inviting construction bids was posted and was also published online (i.e. City website and Blueprints Express), in the newspaper, and sent to the construction exchanges; and
Agenda Item #6.2.

I. On June 15, 2022, at 2:00 PM the City Clerk received four (4) sealed bids which were read aloud publicly and Murray Building, Inc. of Sonoma, California, submitted the lowest bid of $1,167,379.00; and
J. Murray Building, Inc. is the lowest responsible, responsive bid, and holds a valid Class A General Engineering and Class B General Building Contractor’s License No. 646709 in the State of California, with no enforcement actions listed. Their license expires on 10/3122; and
K. That the City Council approvesd and awarded the Contract by and between the City of St. Helena and Murray Building, Inc. for Project No C22-0001 – Napa Valley
College Tenant Improvements in the amount of One Million One Hundred Sixty- Seven Thousand Three Hundred Seventy-Nine Dollars and 00/100 ($1,167,379.00), on June 28, 2022; and
K. Additonal work has been identified to build a new office and revise a staff kitchen into an office which will require additional design and engineering work. This design work titled CCD.4 has been approved by the Division of State Architect and;
L. The current contract with Murray Building, Inc does not include the funds or additional work needed to construct the new office spaces to meet the operational needs of the City; and
M. Staff is recommending approval of Contract Change Order #25.1 totaling $150,000 to the Construction Contract with Murray Building Inc., for a total not-toexceed amount of $1,317,379.00.

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

1. On May 10, 2022, the City Council adopted a resolution “[a]pproving the plans and specifications for the Napa Valley College Tenant Improvement Project, Project No. C22- 0001 and authorizing advertisement for bids.” In addition to approving the Project, the City Council determined at its May 10, 2022 meeting that the Project is categorically exempt from CEQA under the Class 1 exemption set forth in State CEQA Guidelines section 15301, which applies to projects involving the minor alteration of structures and facilities. Here, the Proejct involves the minor alteration of a portion of the Napa Valley Community College District Upper Valley Campus. Specifically, the Project consists of nonstructural tenant improvements to create office space and Police Department facilities on the existing campus. Improvements will include accessibility in accordance with the Americans with Agenda Item #6.2.

Disabilities Act (“ADA”); telecommunications upgrades; enhanced security including bulletproofing panels; a separate portable building of less than 2,500 feet that will serve as a locker/shower room for police officers, and a generator. These non-structural tenant improvements fall squarely within the Class 1 exemption. For all these reasons, the Project is categorically exempt from CEQA.

2. That the City Council authorizes Contract Change Order #25.1 totaling $150,000 to the Construction Contract with Murray Building Inc., for a total not-to-exceed amount of $1,317,379.00
Approved at a Special Meeting of the St. Helena City Council on December 7, 2022, by the following vote:

Mayor Ellsworth: __________
Vice Mayor Dohring: __________
Councilmember Anna Chouteau: __________
Councilmember Lester Hardy: __________
Councilmember Eric Hall: __________
APPROVED: ATTEST:
________________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #6.2.

Report to the City Council
Special City Council - 07 Dec 2022
Agenda Section: CONSENT CALENDAR:

Subject: Consideration and Proposed Approval of a Resolution Approving a Construction Contract to Midstate Barrier, Inc. in and amont not-to-exceed $57,088 for R19-07 Silverado
Guardrail Replacement Project.

CEQA
Determination:

Class I Categorical Exemption under Section 15301 of CEQA Prepared By: Mario Traverso, Public Works Assistant Engineer Reviewed By: Joseph Leach, Public Works Director and City Engineer Approved By: April Mitts, Assistant City Manager

BACKGROUND
The Silverado Trail Guardrail Replacement project is a FY22/23 CIP project which scope includes the replacement of damaged guardrail along north bound Silverado Trail within the City limits. In 2019 the City was awarded a federal grant from the Federal Highway Administration's (FHWA) Highway Safety Improvement Program (HSIP) which included full funding for design and construction of the replacement guardrail. Project plans and specifications have been recently completed by staff, and authorization from FHWA has been provided to proceed with construction.

DISCUSSION
The original scope of this project (2018) included replacement of roughly 1500 linear feet of guardrail along Silverado Trail south of Pope Street. A significant portion of this guardrail was replaced by Napa County in response to damage incurred from the Glass Fire in 2020. As a result, the scope of this project has been significantly reduced compared to the original scope. Currently, the project includes the replacement of 135 linear feet of guardrail north of Pope Street as well as traffic striping updates in the intersection. Plans and specifications were prepared by Coastland Engineering. City staff prepared the bid package and the project was advertised on October 25, 2022, and Agenda Item #6.3.

bids were publicly opened and read on November 18, 2022. Three bids were received as follows:

Midstate Barrier Inc. Stockton CA $57,088.00
Pisor Fence Division Citrus Heights CA $86,032.00
Leesville Enterprises Inc. Williams CA $348,888.00
The lowest responsive bidder is Midstate Barrier from Stockton CA. They possess a valid Class A contractor's license and have performed similar work in the area including many guardrail installations for Napa County.

FISCAL IMPACT
Funding for this project is provided through the Highway Safety Improvement Program (HSIP) federal grant. All expenses, including construction costs, staff time for construction management and administration are approved for 100% reimbursement up to $70,000.

RECOMMENDED ACTION
Adopt the attached resolution.

ATTACHMENTS
Attachment 1 - R19-07 Resolution
Attachment 2 - R19-07 Detailed Bid Tabulation
Agenda Item #6.3.

CITY OF ST. HELENA
RESOLUTION NO. 2022-
Awarding the Silverado Trail
Guardrail Replacement Project,
Capital Improvement Project
R19-07 to Midstate Barrier Inc.
in the amount of $57,088.00, (2)
Authorizing the City Manager
to execute the Construction
Contract with Midstate Barrier
Inc., (3) Authorizing the
Director of Public Works to
approve Change Orders not to
exceed 10% of the contract
amount; and (4) Determining
the project to be exempt from
the requirements of the
California Environmental
Quality Act (CEQA).

RECITALS
A. The project plans for the work were approved by the
Director of Public Works pursuant to authority by St.

Helena City Council on October 11, 2022; and
B. Pursuant to St. Helena Municipal Code Chapter 3.04;
Article 3 Public Works Projects; Section 3.04.220 on
October 25, 2022, a notice inviting bids was posted and mailed to contractors inviting bids for the R19-07
Silverado Trail Guardrail Replacement Project; and
C. On November 18, 2022, three (3) bids were received and opened in accordance with applicable law; and
D. The lowest responsive and responsible bidder for the Project was Midstate Barrier Inc. of Stockton, CA in the amount of $57,088.00; and
E. City staff has determined that Midstate Barrier Inc.’s bid satisfies the bidding requirements for the project; and F. City staff has verified that Midstate Barrier Inc. possesses a valid Contractor’s License, Class A, number 529261
Agenda Item #6.3.

that qualifies Midstate Barrier Inc.’s to complete the
project; and
G. The R19-07 Silverado Trail Guardrail Replacement
Project has been found to be exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of Title 14 of the
California Code of Regulations as it consists of minor
alterations of existing facilities, as the project involves no expansion of an existing use.

RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:

1. Awarding the R19-07 Silverado Trail Guardrail
Replacement Project to Midstate Barrier Inc. in the
amount of $57,088.00; and

2. Authorizing the City Manager to execute a
construction contract in the amount of $57,088.00
with Midstate Barrier Inc. for R19-07 Silverado Trail
Guardrail Replacement Project; and

3. Authorizing the Director of Public Works to approve
change orders not to exceed 10% of the contract
account; and

4. The R19-07 Silverado Trail Guardrail Replacement
Project is found to be exempt from the requirements
of the California Environmental Quality Act (CEQA)
pursuant to Section 15301(c) of Title 14 of the
California Code of Regulations as it consists of minor
alterations of existing facilities, as the project involves no expansion of an existing use.

Approved at a Regular Meeting of the St. Helena City
Council on December 7, 2022 by the following vote:

Mayor Ellsworth: __________
Vice Mayor Dohring: __________
Councilmember Chouteau:__________
Councilmember Hardy: __________
Councilmember Hall: __________
Agenda Item #6.3.

APPROVED: ATTEST:
________________ _____________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulous, City Clerk
Agenda Item #6.3.

R19-07 Silverado Trail Guardrail Replacement Project - City of St Helena Bid Opening: November 18th 2022Mario Traverso
DESCRIPTION UNIT QUANTITY UNIT COST, $ ITEM TOTAL, $ UNIT COST, $ ITEM TOTAL, $ UNIT COST, $ ITEM TOTAL, $ UNIT COST, $ ITEM TOTAL, $ 1 Mobilization LS 1 $5,000.00 $5,000.00 $28,300.00 $28,300.00 $14,000.00 $14,000.00 $17,444.00 $17,444.002 Remove and Dispose of Existing Guardrail LS 1 $3,500.00 $3,500.00 $3,700.00 $3,700.00 $18,000.00 $18,000.00 $69,778.00 $69,778.003 Install MGA AA77L2 LF 136 $250.00 $34,000.00 $58.00 $7,888.00 $212.00 $28,832.00 $1,108.27 $150,724.724 Terminal System EA 1 $10,000.00 $10,000.00 $4,000.00 $4,000.00 $10,000.00 $10,000.00 $62,800.00 $62,800.005 End Anchor System EA 1 $10,000.00 $10,000.00 $1,300.00 $1,300.00 $2,950.00 $2,950.00 $41,866.00 $41,866.006 Thermoplastic Stripe - Detail 22 LF 50 $10.00 $500.00 $20.00 $1,000.00 $20.00 $1,000.00 $4.65 $232.507 Thermoplastic Stripe - Detail 39A LF 250 $10.00 $2,500.00 $16.00 $4,000.00 $15.00 $3,750.00 $4.65 $1,162.508 Thermoplastic Stripe - Detail 4" White Line LF 375 $10.00 $3,750.00 $13.00 $4,875.00 $10.00 $3,750.00 $4.65 $1,743.759 Thermoplastic Markings SF 75 $10.00 $750.00 $27.00 $2,025.00 $50.00 $3,750.00 $41.84 $3,138.00 $70,000.00 $57,088.00 $86,032.00 $348,889.47

BID RESULTS
Williams CA
Bid Schedule

BASE BID
Engineers Estimate
Midstate Barrier Inc.

Stockton CA
Pisor Fence Division
Citrus Heights CA
Leesville Enterprises
Agenda Item #6.3.

Report to the City Council
Special City Council - 07 Dec 2022
Agenda Section: NEW BUSINESS:

Subject: Confirmation of City Council Water Ad Hoc Appointment CEQA
Determination:

Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
St. Helena Municipal Code (SHMC) Section 13.04.215 gives the City Council the authority and discretion to take those actions it deems necessary and appropriate to determine the amount of water used by the City's water users, and to verify compliance with water agreements. This section of the municipal code further allows for the designation of a City Council subcommittee to review customer water use data and documents. It is then the responsibility of City Council subcommittee members to report their findings to the full City Council, while maintaining the confidentiality of the water customers' usage data and information.

Currently Mayor Ellsworth and Councilmember Hardy serve on the City Council subcommittee as established by SHMC 13.04.215. Due to the confidential nature of utility customer information, both subcommittee members also serve as the City Council Ad Hoc committee members for various water related items including, but not limited to the Water Emergency, the selection/recommendation for the utility rate study consultant, safe yield recommendations, etc.

DISCUSSION
On October 11, 2022, a report on the Phase II Water Emergency was presented to City Council.

Agenda Item #7.1.

As noted throughout the report, there are many nuances to the Phase II Water Emergency and there is a need for proactive, subsequent, more in-depth Council discussion and policy revision. This includes, but is not limited to: current penalty structure and water restriction allocations in Phase II and Phase III as directed by the Municipal Code. The City is currently in a Phase I Water Emergency and, while a Phase II emergency is not necessarily eminent, due to the current drought conditions it is important to be proactive and plan ahead for moving forward into Phase II based on lessons learned.

Staff's recommendation, as confirmed by Council, at the October 11, 2022 was to proacvtively engage the two Council Water Ad Hoc committee members - Mayor Ellsworth and Councilmember Hardy, and work with staff on:

1. Policy recommendations for consideration by the full Council (e.g. safe yield, water allocations, etc.); and

2. Develop a refined list of what is needed if the City enters into a Phase II emergency - e.g.:
a. Customer outreach
b. Use of consultants
c. Hiring of a dedicated Project Manager for the emergency d. Notification of allocations
e. Implementation of penalties
f. Additional support staff to assist with the increased workload Due to the certificaton of the election, the departure of Mayor Ellsworth, and the timesensitive nature of the Water Ad Hoc Committee, staff recommends City Council discuss and appointment a member of the City Council to replace Mayor Ellsworth.

FISCAL IMPACT
No fiscal impact.

RECOMMENDED ACTION
Appointment of a Councilmember to the Water Ad Hoc Committee to replace outgoing Mayor Ellsworth.

Agenda Item #7.1.