6 equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the Agenda Item #10.4.
7 business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Agenda Item #10.4.
8 Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 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.
14. Safety.
Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance Agenda Item #10.4.
9 with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
15. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
16. INTENTIONALLY DELETED
17. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a the Superior Court of California for the County of Napa.
18. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
19. Ownership of Documents and Confidential Information. a. All deliverables and other documents generated by Consultant in the performance of the Services, including all work papers, work-in-progress, designs, drawings, Agenda Item #10.4.
10 documents, data, computations, specifications, studies and reports prepared by Consultant as a part of the Services or authorized Additional Services (“Consultant Work Product”) shall belong to and be subject to the sole ownership and use of City. b. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, drawings and specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. c. During the course of the performance of this Agreement, Consultant may receive written or verbal information from City, its representatives or agents, not in the public domain. Such information may include City’s know how, trade secrets, and other proprietary and confidential information and Consultant agrees to treat such information as confidential information belonging to City. Consultant agrees that neither it, nor its officers, employees, representatives, agents, successors, or assigns, will disclose such information to any third party or use the same in any manner without the prior written consent of City. Moreover, Consultant agrees to safeguard such proprietary and confidential information from unauthorized disclosure and/or use using the same degree of care it uses to protect its own proprietary and confidential information, but not less than a reasonable standard of care. In the event that disclosure of such information is sought pursuant to any law or regulation, Consultant shall promptly notify City of such fact to allow City to assert whatever exclusions or exemptions may be available to it under applicable law or regulation.
20. Organization
Consultant shall assign David Hollinger, PE as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
21. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
22. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of St. Helena
1088 College Avenue
St. Helena, CA 94574
Attn: Joseph Leach P.E.
CONSULTANT:
West Yost
2020 Research Park Drive
Suite 100
Davis, CA 95618
and shall be effective upon receipt thereof.
23. Third Party Rights
Agenda Item #10.4.
11 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
24. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
25. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
26. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
27. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
28. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
29. Time of Essence
Time is of the essence for each and every provision of this Agreement.
30. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
31. Prohibited Interests
Agenda Item #10.4.
12 Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
Agenda Item #10.4.
13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF ST. HELENA
AND WEST YOST
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF ST. HELENA West Yost
By: By:
Anil Comelo
City Manager Its:
Printed Name:
ATTEST:
By:
Ethan Walsh, City Attorney
Agenda Item #10.4.
14 EXHIBIT A
Scope of Services
Agenda Item #10.4.
2020 Research Park Drive
Suite 100
Davis CA 95618
530.756.5905 phone
530.756.5991 fax
westyost.com
June 26, 2025 SENT VIA: EMAIL
Eric Janzen
Assistant Director of Public Works
City of St. Helena
1088 College Avenue
St. Helena, CA 94574
SUBJECT: Proposal for Engineering Services for the City of St. Helena to Design Upgrades to the WWTRP Effluent Pump Station
Dear Eric:
The purpose of this letter proposal is for West Yost to provide the City of St. Helena (City) with a scope of services, budget and schedule for the design of upgrades to the Effluent Pump Station (EPS) at the City’s Wastewater Treatment and Reclamation Plant (WWTRP).
BACKGROUND
The City desires to enhance the capabilities of the EPS to enable re-chlorination of Pond 5 water through the existing chlorine contact basin (CCB) prior to discharge into the Napa River. At the same time, the EPS needs equipment replacement design for the entire electrical system including motor control center (MCC) and VFDs, service entrance and associated power and lighting equipment, new irrigation spray field discharge pumps and piping, instrumentation, a new roof that includes an access hatch, and miscellaneous mechanical and piping revisions to allow greater operational flexibility for the final effluent pump discharge location.
A preliminary site visit was conducted on April 3, 2025. During the visit, an outdated process flow diagram (PFD) for the WWTRP pond system and EPS was reviewed and discussed. An additional request was made for West Yost to develop a control philosophy to allow future automation of the EPS by remote Supervisory Control and Data Acquisition (SCADA) control.
A previous design plan set titled “WWTRP Effluent Pump Station Improvement Project” was developed by HydroScience and is dated June 2022. The plans are in PDF format, and have been provided to West Yost.
The design intent of that plan set will be incorporated into this project, with added functionality.
SCOPE OF SERVICES
The following is a list of the key tasks necessary to perform this proposed scope of services, each further described below:
Task 1. Site Visit and Inspection
Task 2. 60% Design
Task 3. 90% Design
Task 4. Final Sealed Construction Documents
Agenda Item #10.4.
Eric Janzen
June 26, 2025
M-C-ST HELENA-LP-2025 WWTRP EFFLUENT PS
Project Management activities and meetings that are pertinent to each task are included in that task budget instead of being separate.
Post-design services including Bid-phase, Engineering Services During Construction (ESDCs), and Construction Administration and Observation services are not included in this scope. Any or all of these can be added by contract amendment or subsequent additional scope and fee.
Task 1. Site Visit and Inspection
In order to verify parameters, one site visit of approximately 6 hours is required. A mechanical engineer will be accompanied by both an electrical engineer and a controls engineer to examine and document the electrical system, pumps, valves and piping systems, operational setpoints, and determine future automation requirements. At that time, the PFD will be verified and finalized, as it will become part of the design plan set. The building roof system will also be inspected and photographed to document conditions necessary for installation of the new access hatch. Demolition requirements will be reviewed as well as available space for new equipment.
Owner preferences related to material selection will be discussed, as well as the approach to implementing the electrical, instrumentation and controls portion of the detailed design. In particular, the existing control panel does not appear to be able to support the additional inputs and outputs (I/O) related to the improvements of this project. While onsite, we will discuss the options and determine the approach for how to address this issue, and any other issues that we observe.
The future needs for SCADA control will be discussed with the City and WWTRP operators to determine what types of instrumentation and automated water quality testing equipment will best serve the City’s needs and permit requirements.
Task 1 Assumptions
City operations staff will accompany West Yost to answer questions about the existing systems and verify parameters for future operation.
Pump station flow rates and pressures will not change from existing.
Task 1 Deliverables
Site visit report – includes notes, discussions, vendor preferences, operational setpoints (pressure of irrigation pumps, etc.). Findings will be incorporated into Task 2.
Task 2. 60% Design
The previously developed PDF plan set for the EPS will be decompiled and incorporated into a new plan set. Use of those plans will enable West Yost to bypass the 30% design phase.
Updates will be made to the previously developed design for equipment replacement and to incorporate the requested operational requirements. Piping system revisions include the ability to selectively route irrigation pump discharge into a slide gate chamber upstream of the CCB mixing chamber, and the ability to selectively route final effluent pump discharge to the head of the Parshall flume chamber.
Evaluation of the pumps and piping will be made to determine the suitability of the EPS to be used for future recycled water distribution in addition to discharge to the Napa River and to spray fields.
The PFD will be finalized and a Piping and Instrumentation Diagram (P&ID) will be developed for the EPS.
Agenda Item #10.4.
Eric Janzen
June 26, 2025
M-C-ST HELENA-LP-2025 WWTRP EFFLUENT PS
The proposed sheet count is as follows:
General – 7 sheets
Civil – 7 sheets
Mechanical – 7 sheets
Electrical – 9 sheets
Instrumentation and Control – 6 sheets
The 60% submittal will include the above plans, a specification table of contents, and a preliminary AACE Class 3 cost estimate (PS&E). A draft control philosophy in the form of a narrative will be provided with this submittal.
Task 2 Assumptions
City will review the 60% PS&E and provide comments within a 2-week period. The City’s existing control system integrator will be responsible for implementation of any recommendations made by the control philosophy.
Task 2 Exclusions
The PFD will not include any details regarding the membrane treatment process at the head of the WWTRP. No design will be provided to replace the inoperative slide gate that routes flow from the end of the CCB into the Parshall flume chamber.
If the EPS is deemed unsuitable for use as a recycled water distribution pump station, a 1-page Technical Memorandum specific to recycled use will be substituted in lieu of additional design upgrades to the piping system.
A network communication diagram will not be included. The existing PLC cabinet will not be upgraded. An external input/output (I/O) cabinet will be included as necessary.
Security and access, fire alarm, and solar photovoltaic systems are not required with this design.
Task 2 Deliverables
60% PS&E and a draft control philosophy.
Task 3. 90% Design
Following review of City’s 60% comments, the plans and estimate will be revised to 90% completion and resubmitted for review. Detailed technical specifications will be developed and submitted to support procurement of products and materials for the project. Division 00 and 01 contract front-end specifications will be provided by the City.
The control philosophy will be finalized based on City feedback and revised to become a detailed Control Description Specification that documents manual and automatic control, setpoints, alarms and priorities, and both trending as well as historical data requirements.
Task 3 Assumptions
City will review the 90% PS&E and provide comments within 2 weeks if the review period does not extend through the end-of-year holidays. Four weeks are currently included in the schedule.
Agenda Item #10.4.
Eric Janzen
June 26, 2025
M-C-ST HELENA-LP-2025 WWTRP EFFLUENT PS
Task 3 Exclusions
No workshop will be held to review and discuss 60% comments to the plans and specifications.
Task 3 Deliverables
90% PS&E, updated control philosophy narrative and final control description specification.
Task 4. Final Sealed Construction Documents
Following review of City’s 90% comments, the plans, technical specifications, and estimate will be revised into sealed construction documents and submitted. At this point, only minor revisions are expected.
Task 4 Deliverables
Final sealed PS&E.
AutoCAD files of the plans.
PROJECT BUDGET
West Yost’s proposed level of effort and budget for each of the tasks described above is shown in Table 1.
West Yost will perform the scope of services described above on a time-and-expenses basis, at the billing rates set forth in West Yost’s attached 2025 Billing Rate Schedule, with a not-to-exceed budget of $326,332. Any additional services not included in this scope of services will be performed only after receiving written authorization and a corresponding budget augmentation.
Table 1. Estimated Project Hours and Budget
Task
Level of Effort,
hours
Estimated Budget,
dollars
Task 1. Site Visit and Inspection 73 $25,513
Task 2. 60% Design 531 $156,118
Task 3. 90% Design 373 $111,716
Task 4. Final Sealed Construction Documents 110 $32,985 Total Project Hours and Budget 1,087 $326,332
SCHEDULE
West Yost anticipates providing deliverables under the estimated schedule shown in Table 2. The Notice To Proceed is assumed based on City Council approval of the contract on July 22, 2025 (4th Tuesday of that month). Any change to that assumed approval date will merely push the below schedule to later dates, pending minor adjustments necessary to accommodate holiday periods.
Agenda Item #10.4.
Eric Janzen
June 26, 2025
M-C-ST HELENA-LP-2025 WWTRP EFFLUENT PS
Table 2. Estimated Schedule
Event or Task Begin Date Completion
Notice To Proceed July 23, 2025 Aug 6, 2025
Site Visit and Inspection Aug 20, 2025 Aug 20, 2025
Basis of Design Submittal Aug 21, 2025 Sept 5, 2025
60% Design Submittal Sept 8, 2025 Oct 24, 2025
City Review Period Oct 27, 2025 Nov 7, 2025
90% Design Submittal Nov 10, 2025 Dec 19, 2025
City Review Period Dec 22, 2025 Jan 16, 2026
Sealed Construction Document Submittal Jan 12, 2026 Feb 13, 2026 Thank you for providing West Yost the opportunity to be of continued service to the City of St. Helena.
We look forward to working with you on this important project. Please call if you have any questions or require additional information.
Sincerely,
WEST YOST
David Hollinger, PE Corie Moolenkamp, PE
Project Manager Sector Lead, Infrastructure
Attachment: Attachment A. West Yost’s 2025 Billing Rates Agenda Item #10.4.
West Yost’s 2025 Billing Rate Schedule
Attachment A
Agenda Item #10.4.
(Effective January 1, 2025, through December 31, 2025)*
POSITIONS
ENGINEERING
Principal/Vice President $373
Engineer/Scientist/Geologist Manager I / II $352 / $369 Principal Engineer/Scientist/Geologist I / II $317 / $338 Senior Engineer/Scientist/Geologist I / II $286 / $300
Associate Engineer/Scientist/Geologist I / II $237 / $255 Engineer/Scientist/Geologist I / II / III $185 / $215 / $224 Engineering Aide $111
Field Monitoring Services $138
Administrative I / II / III / IV $102 / $127 / $152 / $168
ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $366 / $369
Principal Tech Specialist I / II $336 / $348
Senior Tech Specialist I / II $308 / $321
Senior GIS Analyst $278
GIS Analyst $264
Technical Specialist I / II / III / IV $196 / $224 / $251 / $280 Technical Analyst I / II $141 / $168
Technical Analyst Intern $113
Cross-Connection Control Specialist I / II / III / IV $147 / $159 / $179 / $198 CAD Manager $222
CAD Designer I / II $172 / $194
CONSTRUCTION MANAGEMENT
Senior Construction Manager $355
Construction Manager I / II / III / IV $211 / $226 / $239 / $303 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $190 / $211 / $235 / $244 Apprentice Inspector $172
CM Administrative I / II $91 / $124
Field Services $244
2025 Billing Rate Schedule
LABOR CHARGES (DOLLARS PER HOUR)
■ Hourly rates include charges for technology and communication, such as general and CAD computer software, telephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside services, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well as engineering supplies, etc., will be billed at the actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness services, research, technical review, analysis, preparation, and meetings will be billed at 150% of standard hourly rates. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. ■ A finance charge of 1.5% per month (an annual rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This schedule is updated annually Page 1 of 2
Agenda Item #10.4.
(Effective January 1, 2025, through December 31, 2025)* Equipment Charges
EQUIPMENT
2" Purge Pump & Control Box $300 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Emergency SCADA System $35 / day
Field Vehicles (Groundwater) $1.02 / mile
Gas Detector $80 / day
Generator $60 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Back Pack $135 / day
Low Flow Pump Controller $200 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter 300ft $30 / day
Precision Water Level Meter 500ft $40 / day
Precision Water Level Meter 700ft $45 / day
QED Sample Pro Bladder Pump $65 / day
Skydio 2+ Drone (2 hour minimum) $100 / hour
Storage Tank $20 / day
Sump Pump $24 / day
Transducer Communications Cable $10 / day
Transducer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $30 / day
Turbidity Meter (2100Q Portable) $35 / day
Vehicle (Construction Management) $10 / hour
Water Flow Probe Meter $20 / day
Water Quality Meter $50 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day
BILLING RATES
2025 Billing Rate Schedule
* This schedule is updated annually Page 2 of 2
Agenda Item #10.4.
WWTP Effluent Pump Station
Category
Project 1 Chaix Ln. St. Helena CA 94574
Wastewater
Project No: S26-04
Public Works
Location:
Responsible
Department:
2025-26 2026-27 2027-28 2029-30
PROJECT
TOTAL
EXPENDITURES
(Thousands of Dollars)
2028-29
Continued
Approp.
Exp/Enc as
of
2/28/2025
3110 - Design 375,282 375,282
EXPENDITURE TOTALS 375,282 375,282
FUNDING SOURCES
763-Water Capital Improvement - Bond 375,282 375,282
FUNDING TOTALS 375,282 375,282
EXPENDITURE ACCOUNTS: 773-5030-
STATUS: New
PRIORITY: High
PROJECT PURPOSE & DESCRIPTION:
The City’s Effluent Pump Station at the WWTRP requires critical improvements to maintain regulatory compliance and operational reliability. The upgrades will:
-Enable re-chlorination of Pond 5 water through the chlorine contact basin prior to discharge into the Napa River.
-Replace outdated electrical systems including the motor control center (MCC), variable frequency drives (VFDs), service entrance, and associated equipment.
-Provide new irrigation spray field discharge pumps and piping, instrumentation, and a new roof with access hatch.
-Improve operational flexibility for effluent discharge locations. -Incorporate a control philosophy to allow future Supervisory Control and Data Acquisition (SCADA) automation.
PROJECT NOTES:
FY26: Design PSA in Process
90 Agenda Item #10.4.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: October 14, 2025
FROM: Stephanie Killingsworth, Public Works Financial Analyst SUBJECT: Consideration and Proposed Approval of a Resolution Authorizing the City Manager to Execute a Professional
Services Agreement with Land Revision for Pond Levee
Weed Control and Upkeep in an amount not-to-exceed
$30,632.
RECOMMENDED
ACTION:
Staff recommends approval of the attached Resolution.
PREVIOUS COUNCIL
ACTION:
Resolution 2024-047 adopted by the Council on April 23, 2024 to execute an agreement with Land Revision to
perform Fire Fuel Abatement services for two years.
STATEMENT OF THE
PURPOSE:
The purpose of this report is to request City Council
approval of a Professional Services Agreement with Land Revision for pond levee weed control and upkeep at the
Wastewater Treatment Plant (WWTP), in compliance with
State directives.
FINANCIAL IMPACT: The total financial impact is an amount not-to-exceed $30,632. Sufficient budget is currently available within the Wastewater Enterprise Fund to cover this project.
BACKGROUND:
The City's Wastewater Treatment Plant (WWTP) consists of a Membrane Bioreactor (MBR) facility supported by a system of five ponds that treat wastewater through sequential stages until discharge to spray fields or, under limited conditions, the Napa River.
During a recent inspection, the State regulatory agency directed the City to maintain the levees surrounding the ponds free of weeds and debris. Compliance is both to avoid potential fines and to preserve the structural integrity of the levees.
The levees total approximately 10,300 linear feet, broken down as follows:
Pond 1a - 1,3569 ft
Pond 1b - 1,328 ft
Pond 2 - 2,066 ft
Pond 3 - 1,770 ft
Pond 4 - 1,458 ft
Pond 5 - 2,330 ft
Agenda Item #10.5.
Due to limited staff resources, Public Works is unable to perform this work in-house.
DISCUSSION:
The State regulatory directive requiring the removal of weeds and debris along the WWTP pond levees is intended to ensure that the City’s facilities remain in compliance with discharge permit requirements and that the levee system is adequately protected against erosion, burrowing animals, and structural degradation. Vegetation growth, if not controlled, can weaken levee walls, obstruct inspection access, and create conditions that compromise the ponds’ function in wastewater treatment.
The total maintenance area includes approximately 10,300 linear feet of levees surrounding five separate ponds. Performing this work in-house is not feasible due to both the scale of the project and current staffing limitations within the Public Works Department. Seasonal workloads are already heavily impacted by operations and maintenance needs at the new MBR treatment facility, water distribution system, and collection system, leaving no staff availability for this specialized and labor-intensive project.
In addition to compliance concerns, the work will provide operational benefits by preserving safe access around the ponds for inspections, maintenance, and emergency response. Routine vegetation management is also a best practice in wastewater facility operations, as it reduces the potential for animal intrusion, minimizes fire hazards during the summer season, and ensures that the City can demonstrate proactive management of its infrastructure during future regulatory inspections.
To complete the work, staff solicited an estimate from Land Revision, a contractor experienced in pond and levee maintenance and familiar with City operations, to provide a proposal, for which they have estimated an amount of $30,632. The scope of work includes vegetation removal, disposal, and cleanup along all levee areas, with the goal of restoring compliance with State directives and establishing a maintainable condition that will allow staff to keep vegetation under control through routine future efforts.
Approval of this contract will enable the City to proceed with the levee cleanup work in a timely manner, ensuring that the WWTP remains compliant with all regulatory requirements and that the City avoids potential fines, penalties, or corrective enforcement actions.
ENVIRONMENTAL REVIEW: This action is exempt from CEQA under Section 15301 (Existing Facilities), as it involves routine maintenance of existing public facilities with no expansion of use.
GOAL:
Agenda Item #10.5.
Goal 3: Pursue Water Security & Sustainable Management of Water Resources DOCUMENTS ATTACHMENTS:
WWTP Weed Abatement Resolution
Land Revision WWTP Weed Abatement PSA
Agenda Item #10.5.
CITY OF ST. HELENA
RESOLUTION NO. 2025-__
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT WITH LAND
REVISION FOR POND LEVEE WEED CONTROL AND UPKEEP IN
AN AMOUNT NOT-TO-EXCEED $30,632.
RECITALS
A. The City of St. Helena owns and operates a wastewater treatment plant (WWTP) consisting of a membrane bioreactor (MBR) facility and five supporting treatment ponds; and
B. During a recent inspection, the State regulatory agency directed the City to maintain the pond levees free of weeds and debris as part of its compliance with discharge permit requirements; and
C. The pond levees total approximately 10,300 linear feet, and unchecked vegetation growth poses risks including erosion, burrowing animal intrusion, fire hazards, and restricted emergency access; and
D. The Public Works Department does not have adequate staff resources to perform this specialized and labor-intensive work in-house due to ongoing operational demands; and
E. Land Revision, a contractor with demonstrated experience in pond and levee maintenance, provided an estimate in the amount of $30,632 for vegetation removal, debris disposal, and levee clean up; and
F. Sufficient funds are available in the FY2025/26 Wastewater Enterprise Fund (Other Contract Services) to fund this work.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. Authorizes the City Manager to execute a Professional Services Agreement with Land Revision for pond levee weed control and upkeep at the WWTP in an amount not-to-exceed $30,632.
Agenda Item #10.5.
2. Funding is as follows:
Description Fund GL Account Amount
FY2025/26 Budgeted
Funds
Other Contract Services
571 – Wastewater
Enterprises 571-50-29-21-45 $30,632
Approved at a Regular Meeting of the St. Helena City Council on October 14, 2025, by the following vote:
Mayor Dohring:
Vice Mayor Deasy:
Council Member Barak:
Council Member Spadarotto:
Council Member Summers:
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Andrew Bradley, City Clerk
Agenda Item #10.5.
1 CITY OF ST. HELENA
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of September 23, 2025 by and between the City of St. Helena, a public agency organized and operating under the laws of the State of California (“City”), and Land Revision with its principal place of business at 3702 Petaluma Blvd.
Petaluma, CA 94952 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Wastewater Treatment Plant (WWTP) Pond Levee Weed Control and Up Keep (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $30,632. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall Agenda Item #10.5.
2 be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Time of Performance.
The term of this Agreement shall be from October 14, 2025 to June 30, 2026 unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care; Performance of Employees
Agenda Item #10.5.
3 a. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. b. Consultant’s employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
9. Assignment and Subcontracting
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subcontractors as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
Agenda Item #10.5.
4 (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
Agenda Item #10.5.
5 (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
Agenda Item #10.5.
6 f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
Agenda Item #10.5.
7 (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify Agenda Item #10.5.
8 shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 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.
Agenda Item #10.5.
9 14. Safety.
Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
15. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
16. INTENTIONALLY DELETED
17. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a the Superior Court of California for the County of Napa.
18. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
Agenda Item #10.5.
10 19. Ownership of Documents and Confidential Information. a. All deliverables and other documents generated by Consultant in the performance of the Services, including all work papers, work-in-progress, designs, drawings, documents, data, computations, specifications, studies and reports prepared by Consultant as a part of the Services or authorized Additional Services (“Consultant Work Product”) shall belong to and be subject to the sole ownership and use of City. b. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, drawings and specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. c. During the course of the performance of this Agreement, Consultant may receive written or verbal information from City, its representatives or agents, not in the public domain. Such information may include City’s know how, trade secrets, and other proprietary and confidential information and Consultant agrees to treat such information as confidential information belonging to City. Consultant agrees that neither it, nor its officers, employees, representatives, agents, successors, or assigns, will disclose such information to any third party or use the same in any manner without the prior written consent of City. Moreover, Consultant agrees to safeguard such proprietary and confidential information from unauthorized disclosure and/or use using the same degree of care it uses to protect its own proprietary and confidential information, but not less than a reasonable standard of care. In the event that disclosure of such information is sought pursuant to any law or regulation, Consultant shall promptly notify City of such fact to allow City to assert whatever exclusions or exemptions may be available to it under applicable law or regulation.
20. Organization
Consultant shall assign John O’Sullivan as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
21. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
22. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of St. Helena
1088 College Avenue. St. Helena, CA 94574
Attn: Public Works
CONSULTANT:
Land Revision
3702 Petaluma Boulevard North
Petaluma, CA 94952
and shall be effective upon receipt thereof.
Agenda Item #10.5.
11 23. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
24. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
25. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
26. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
27. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
28. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
29. Time of Essence
Time is of the essence for each and every provision of this Agreement.
30. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
Agenda Item #10.5.
12 31. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
Agenda Item #10.5.
13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF ST. HELENA
AND LAND REVISION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF ST. HELENA Land Revision
By: By:
Anil Comelo
City Manager Its:
Printed Name:
ATTEST:
By:
Ethan Walsh
City Attorney
Agenda Item #10.5.
14 EXHIBIT A
Scope of Services
Agenda Item #10.5.
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Agenda Item #10.5.
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Agenda Item #10.5.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: October 14, 2025
FROM: Ian Dale, Environmental Services Tech
SUBJECT: Authorize the City Manager to execute a professional services agreement with Kleinfelder Associates for
preparation and submittal of the Annual Instrumentation Reports for the St. Helena Lower Reservoir Dam for 2025, 2026, and 2027, in an amount not to exceed $65,229.
RECOMMENDED
ACTION:
Authorize the City Manager to execute a professional
services agreement with Kleinfelder Associates for
preparation and submittal of the Annual Instrumentation Reports for the St. Helena Lower Reservoir Dam for 2025, 2026, and 2027, in an amount not to exceed $65,229.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
The purpose of this item is to ensure the City of St. Helena remains in compliance with California Division of Safety of Dams (DSOD) requirements by contracting with a qualified engineering consultant to prepare and submit the annual instrumentation reports for the Lower Reservoir Dam.
These reports are a critical component of the City’s
ongoing dam safety monitoring program, providing DSOD
with documentation of instrumentation data and confirming the continued safe operation of the dam. Engaging
Kleinfelder Associates for this work ensures regulatory compliance, continuity of technical knowledge, and reliable reporting for the 2025, 2026, and 2027 reporting periods.
FINANCIAL IMPACT: Kleinfelder, Inc. has proposed a three-year agreement covering annual reporting requirements for 2025, 2026,
and 2027, including this year’s submittal. The total not-toexceed amount for the three-year period is $65,229.
Funding for this is available in the Water Enterprise Fund under the professional contracts budget.
BACKGROUND:
The City of St. Helena owns and operates the Lower Reservoir Dam, which is under the jurisdiction of the California Division of Safety of Dams (DSOD). As part of the regulatory oversight, the City is required to submit an Annual Instrumentation Report documenting dam safety monitoring data, including piezometer readings, survey monuments, seepage measurements, and other related instrumentation results.
Agenda Item #10.6.
Kleinfelder Associates has historically provided engineering support to the City regarding the Lower Reservoir Dam and is currently performing related dam safety work for the City. Their long-term involvement provides them with institutional knowledge of the dam’s design, past performance, and current conditions. This continuity is critical to ensure regulatory compliance, consistency of reporting, and effective communication with DSOD.
DISCUSSION:
Kleinfelder Associates submitted a proposal that includes preparation, review, and submittal of the required annual reports in accordance with DSOD standards.
The proposal covers:
Compilation and review of instrumentation monitoring data. Preparation of the annual report in DSOD format.
Coordination with City staff regarding monitoring requirements. Submittal of reports to DSOD by the required deadlines.
Given Kleinfelder’s familiarity with the dam, current ongoing projects, and proven track record in working with DSOD, staff recommends their selection.
ENVIRONMENTAL REVIEW: None.
GOAL:
Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 3: Pursue Water Security & Sustainable Management of Water Resources DOCUMENTS ATTACHMENTS:
Resolution Authorizing Kleinfelder, Inc. to prepare St Helena Lower Res Dam Annual Instrumentation Reports 2025-2027
Kleinfelder Professional Services Agreement
Agenda Item #10.6.
CITY OF ST. HELENA
RESOLUTION NO. 2025-
APPROVAL OF A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH KLEINFELDER, INC. FOR
PREPARATION AND SUBMITTAL OF THE ANNUAL
INSTRUMENTATION REPORTS FOR THE ST. HELENA
LOWER RESERVOIR DAM FOR 2025, 2026, AND 2027, IN
AN AMOUNT NOT TO EXCEED $65,229.00.
RECITALS
A. The City desires to have Kleinfelder, Inc. assist with the geotechnical consultation services for the St. Helena Lower Dam as they have experience and expertise with the St. Helena Lower Dam; and
B. The Professional Services Agreement will be that Kleinfelder, Inc. prepare the calendar year 2024 instrumentation report immediately and then prepare the calendar year 2025 and 2026 instrumentation reports, which are due to Division of Safety of Dams by April 1 of 2026 and 2027; and
C. The City of St. Helena and Kleinfelder, Inc. now desire to enter into an Agreement for $65,229 for geotechnical consultation services.
RESOLUTION
NOW, THEREFORE, he City Council of the City of St. Helena hereby resolves as follows:
1. The above recitals are true and correct and are incorporated herein by this reference; and
2. Authorizing the City Manager to execute a Professional Services Agreement with Kleinfelder, Inc. for preparation and submittal of the Annual Instrumentation Reports for the St. Helena Lower Reservoir Dam for 2025, 2026, and 2027, in an amount not to exceed $65,229.00.
3. Fee is provided as follows:
Funding Details Fund GL Account Amount
Professional Contract
Services Water Fund 561-5000-2130 $65,229.00
TOTAL $65,229.00
Agenda Item #10.6.
Approved at a Regular Meeting of the St. Helena City Council on October 14, 2025 by the following vote:
Mayor Dohring: __________
Vice Mayor Deasy: __________
Councilmember Barak: __________
Councilmember Spadarotto: __________
Councilmember Summers: __________
APPROVED: ATTEST:
_______________________ _______________________
Paul Jamison Dohring, Mayor City Clerk
Agenda Item #10.6.
1 CITY OF ST. HELENA
PROFESSIONAL SERVICES AGREEMENT
ANNUAL INSTRUMENTATION REPORT FOR ST. HELENA LOWER RESERVOIR DAM This Agreement is made and entered into as of October 14, 2025 by and between the City of St. Helena, a public agency organized and operating under the laws of the State of California (“City”), and Kleinfelder, Inc. with its principal place of business at 2240 Northpoint Parkway, Santa Rosa CA 95407-5009 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Geotechnical Consultation Services Calendar Year 2024 through 2026 Instrumentation Data Review and Evaluation St. Helena Lower Dam, DSOD Dam Number 16-2 (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $65,229.00 This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
Agenda Item #10.6.
2 3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Term.
The term of this Agreement shall be from October 14, 2025 to June 30, 2026, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
Agenda Item #10.6.
3 c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care; Performance of Employees
a. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. b. Consultant’s employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
9. Assignment and Subcontracting
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subcontractors as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
Agenda Item #10.6.
4 (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status.
Agenda Item #10.6.
5 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits.
Agenda Item #10.6.
6 (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in Agenda Item #10.6.
7 excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, Agenda Item #10.6.
8 liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 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 Agenda Item #10.6.
9 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.
14. Safety.
Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
15. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
16. INTENTIONALLY DELETED
17. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a the Superior Court of California for the County of Napa.
18. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be Agenda Item #10.6.
10 entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
19. Ownership of Documents and Confidential Information. a. All deliverables and other documents generated by Consultant in the performance of the Services, including all work papers, work-in-progress, designs, drawings, documents, data, computations, specifications, studies and reports prepared by Consultant as a part of the Services or authorized Additional Services (“Consultant Work Product”) shall belong to and be subject to the sole ownership and use of City. b. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, drawings and specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. c. During the course of the performance of this Agreement, Consultant may receive written or verbal information from City, its representatives or agents, not in the public domain. Such information may include City’s know how, trade secrets, and other proprietary and confidential information and Consultant agrees to treat such information as confidential information belonging to City. Consultant agrees that neither it, nor its officers, employees, representatives, agents, successors, or assigns, will disclose such information to any third party or use the same in any manner without the prior written consent of City. Moreover, Consultant agrees to safeguard such proprietary and confidential information from unauthorized disclosure and/or use using the same degree of care it uses to protect its own proprietary and confidential information, but not less than a reasonable standard of care. In the event that disclosure of such information is sought pursuant to any law or regulation, Consultant shall promptly notify City of such fact to allow City to assert whatever exclusions or exemptions may be available to it under applicable law or regulation.
20. Organization
Consultant shall assign Brandon Lanthier as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
21. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
22. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
Agenda Item #10.6.
11 CITY:
City of St. Helena
1088 College Avenue
St. Helena, CA 94574
Attn: Joseph Leach P.E., Public Works
Director
CONSULTANT:
Kleinfelder, Inc.
2240 Northpoint Parkway
Santa Rosa, CA 95407-5009
and shall be effective upon receipt thereof.
23. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
24. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
25. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
26. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
27. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
Agenda Item #10.6.
12 28. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
29. Time of Essence
Time is of the essence for each and every provision of this Agreement.
30. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
31. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
Agenda Item #10.6.
13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF ST. HELENA
AND KLEINFELDER, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF ST. HELENA KLEINFELDER, INC.
By: By:
Anil Comelo Its:
City Manager
Printed Name:
ATTEST:
By:
Ethan Walsh, City Attorney
Agenda Item #10.6.
14 EXHIBIT A
Scope of Services
Agenda Item #10.6.
M2601887.001P/LH25P186953 Page 1 of 6 September 19, 2025 © 2025 Kleinfelder www.kleinfelder.com
2240 Northpoint Parkway, Santa Rosa, CA 95407-5009 p | 707.571.1883 f | 707.571.7813 September 19, 2025
Kleinfelder Proposal No.: M2601887.001A
Mr. Ian Dale
Environmental Services Technician II
City of St. Helena
1088 College Avenue
St. Helena, CA 94574
[email protected]
SUBJECT: Proposal for Geotechnical Consultation Services Calendar Year 2024 through 2026 Instrumentation Data Review and Evaluation St. Helena Lower Dam, DSOD Dam Number 16-2
Spring Mountain Road
St. Helena, California
Dear Mr. Dale:
In accordance with your request, Kleinfelder is pleased to present this proposal for geotechnical consultation services for the St. Helena Lower Dam, located on Spring Mountain Road in St. Helena, California. Based on conversations with you, it is our understanding that the California Division of Safety of Dams (DSOD) is requesting an instrumentation report for the four open well piezometers at St. Helena Lower Dam, as documented in DSOD’s 2025 inspection report, dated August 7, 2025 (attached for reference). The City has requested that Kleinfelder prepare the calendar year 2024 instrumentation report immediately and then prepare the calendar year 2025 and 2026 inspection reports, which are due to DSOD by April 1 of 2026 and 2027, respectively.
Kleinfelder is committed to providing quality service to its clients, commensurate with their requirements and desired level of risk. If a portion of this proposal does not meet the needs of the City of St. Helena or if those needs change, Kleinfelder will consider appropriate modifications, subject to the standards of care to which Kleinfelder adheres as professionals. Modifications such as changes in scope, methodology, scheduling, and contract terms may result in changes to the risks assumed by the City of St. Helena, as well as adjustments to the fees and schedule.
PROJECT UNDERSTANDING
Kleinfelder has provided past services to the City regarding the St. Helena Lower dam. In 2024, Kleinfelder prepared a memorandum on behalf of the City to send to DSOD a response to DSOD’s request for a plan and schedule to remediate the embankment and outlet tower stability at the dam. That memorandum is currently under review by DSOD. Our understanding of the facility is based on those previous services and is briefly summarized below.
Agenda Item #10.6.
M2601887.001P/LH25P186953 Page 2 of 6 September 19, 2025 © 2025 Kleinfelder www.kleinfelder.com
KLEINFELDER 2240 Northpoint Parkway, Santa Rosa, CA 95407-5009 p | 707.571.1883 f | 707.571.7813 The St. Helena Lower dam is a 44-foot-high earthen embankment dam located approximately one mile west of the City of St, Helena, in Napa County, California. The dam is used to supply water for irrigation to nearby vineyards. The dam is located across a small, northwest-trending ephemeral drainage extending off the main York Creek drainage shed. The embankment is approximately 865 feet in length with a crest width of approximately 15 feet. The upstream and downstream slopes are 2.5H:1V steepening to 2H:1V in the uppermost 10 feet of the embankment. The upstream slope is lined with rip rap. A clay blanket stretches upstream of the dam to reduce seepage.
From our review of the Taber 1989 and Kleinfelder 2017 geotechnical investigation reports, it is our understanding that there may be up to five different piezometers located at the facility; 4 in the crest and 1 at the toe. Taber installed one-inch PVC pipe in Borings 1 and 2 to facilitate future groundwater measurements. The installation included placement of a 10-ft section of 0.020-inch-wide machined slotted PVC at the base of the borings, followed by a gravel pack to 1 foot above the slotted portion, then a 3-foot bentonite clay seal, then backfill with native cuttings to within 3 feet of the surface, then a concrete plug to the surface, and lastly covered by a 4-inch PVC cap. Kleinfelder converted Borings KB-1, KB-2, and KB-3 to wells as part of their investigation. In general, the wells include a 1-inch diameter PVC pipe with a 0.020-inch-wide machined slotted section just above the contact with bedrock, overlain by a 2- to 6-foot-thick bentonite seal, then neat cement grout to the surface, and covered by a traffic-rated well cover. Figure 1 below highlights the locations of the piezometers. It is our understanding from discussions with the City that only 4 of the 5 piezometers are actively read and all of them consistently read as dry.
Figure 1 – Piezometer Locations
Agenda Item #10.6.
M2601887.001P/LH25P186953 Page 3 of 6 September 19, 2025 © 2025 Kleinfelder www.kleinfelder.com
KLEINFELDER 2240 Northpoint Parkway, Santa Rosa, CA 95407-5009 p | 707.571.1883 f | 707.571.7813
SCOPE OF WORK
Our proposed geotechnical services described below are based on discussion with the City of St. Helena and our experience with previous instrument data review and evaluations for other clients. We propose to perform the following tasks:
• Task 1 - Review and evaluate the annual instrumentation data for 2024. • Task 2 - Review and evaluate the annual instrumentation data for 2025. • Task 3 - Review and evaluate the annual instrumentation data for 2026.
Task 1 – Calendar Year 2024 Instrumentation Report
The 2024 instrumentation task will include the following:
1. Kickoff Meeting – We will meet with the City to discuss the project approach, exchange data records, and to discuss any unusual or significant events that may have occurred in 2024. The purposes for this meeting will be to:
• Establish lines of communication, personnel and communication protocols. • Identify and schedule coordination activities for the project team, including progress meetings. • Discuss the project schedule.
• Provide a common basis of understanding the nature of the dam facilities and operation that may influence the instrument readings.
2. Site Visit – Two Kleinfelder geologists or engineers will plan a visit to the dam to observe data collection points and processes and evaluate equipment condition. In addition, Kleinfelder will conduct a verbal interview with the City’s staff to understand the City’s dam safety monitoring program, any key events that occurred in 2024, and identify any other pertinent instrumentation, such as water level and precipitation monitoring devices.
3. Instrumentation Data Review and Evaluation –We will organize and review the obtained instrumentation data for the four open well piezometers at the St. Helena Lower Dam and prepare exhibits for presentation of the data in the planned report. This task will include a progress meeting with the City to discuss the general findings of the data evaluation and the planned data presentation prior to preparation of the draft report. We assume that the City is responsible for collecting the piezometer instrumentation data and providing that data to Kleinfelder in an electronic format.
4. Annual Instrumentation Report (2024) – We will prepare an Annual Instrumentation Report that presents the obtained instrumentation data in a clear and concise document with exhibits and appendices. The report will identify instrument performance that is consistent with expected dam performance, data issues and potential errors, data trends and those trends that indicate potentially adverse results, and potential need for instrument repair or replacement.
The results will be summarized in a written report prepared under the supervision of a Registered Geotechnical Engineer. An electronic copy (PDF file) of the draft will be provided for review and comment by the City. Upon receipt, comments will be reviewed and incorporated into the draft report, as Agenda Item #10.6.
M2601887.001P/LH25P186953 Page 4 of 6 September 19, 2025 © 2025 Kleinfelder www.kleinfelder.com
KLEINFELDER 2240 Northpoint Parkway, Santa Rosa, CA 95407-5009 p | 707.571.1883 f | 707.571.7813 appropriate. An electronic copy of the final report will be provided. Hard copies can be provided upon request.
5. Technical Meetings and Consultations – Kleinfelder has budgeted time for one technical consultation meeting under this task. It is anticipated this will involve a web-hosted meeting with the team members and the City and may also include participants from the California Department of Water Resources Divion of Safety of Dams (DSOD). The purpose of this meeting will be to discuss the general findings of data evaluation, data trends, and our conclusions and/or recommendations.
Task 2 – Calendar Year 2025 Instrumentation Report
The 2025 instrumentation report task will include the same activities as identified in Task 1, but will occur between January 1 and April 1 of 2026 and will be focused on the instrumentation data obtained by the City in 2025.
Task 3 – Calendar Year 2026 Instrumentation Report
The 2026 instrumentation report task will include the same activities as identified in Task 1, but will occur between January 1 and April 1 of 2027 and will be focused on the instrumentation data obtained by the City in 2026.
ASSUMPTIONS
The scope of work described above, and the associated fee assumes the following:
• The City will provide electronic files of the instrumentation data, preferably in an excel table.
Instrumentation data will include data from the four piezometers, reservoir level monitoring, and precipitation monitoring.
• Review of other instrumentation data beyond the four piezometers, reservoir level monitoring device, and precipitation monitoring device is not included in the scope of work. • Regular progress meetings will be held by web-hosted platforms and may include electronic document sharing.
• Kleinfelder will prepare the final annual report based on one round of review and comment by the City and DSOD. Additional rounds of review and revision are not included in our budget. • Anything not specifically stated is excluded from our scope of services.
SCHEDULE
Kleinfelder will schedule the kickoff and coordinate the site visit within two weeks of receiving authorization to proceed. The data review and evaluation are anticipated to take approximately two weeks to complete after the receipt of the instrumentation data. Our draft report should be completed within approximately two weeks following the progress meeting with the City to discuss the general findings. The final annual report will be prepared within one week of receiving written comments.
This schedule applies for each task and will occur each year for the next three years.
Agenda Item #10.6.
M2601887.001P/LH25P186953 Page 5 of 6 September 19, 2025 © 2025 Kleinfelder www.kleinfelder.com
KLEINFELDER 2240 Northpoint Parkway, Santa Rosa, CA 95407-5009 p | 707.571.1883 f | 707.571.7813
FEE ESTIMATE
The total contract value for the geotechnical consultation services described herein have been developed on a time and materials basis. The fees will be invoiced monthly on a time and materials basis in accordance with our 2025 fee schedule (attached). Any additional work that is required and not included in this proposed Scope of Work shall require a fully executed Change Order and shall be priced in accordance with the time and expense rates specified on our service contract. For the scope of services outlined above, our proposed fee is $65,229.00. Estimated hours and a cost breakdown for allowable direct costs may be provided upon request.
LIMITATIONS
Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder’s profession practicing in the same locality, under similar conditions, and at the date the services are provided. Our conclusions, opinions, and recommendations will be based on a limited number of explorations, observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, expressed or implied, regarding these services, communication (oral or written), report, opinion or instrument of service provided.
AUTHORIZATION
Please forward your standard Client Professional Services Agreement or equivalent, for review by our legal team. Once the review is complete and approved, a fully executed copy will be returned to you for your files and we will commence our services.
All information gathered by Kleinfelder is considered confidential and will be released only to those specified by the construction documents, or to others upon written authorization by the Client, or as required by law.
This proposal is valid for a period of 45 days from the date of this proposal, unless a longer period is specifically required by the request for proposal, in which case that time frame will apply. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder’s express permission.
Agenda Item #10.6.
M2601887.001P/LH25P186953 Page 6 of 6 September 19, 2025 © 2025 Kleinfelder www.kleinfelder.com
KLEINFELDER 2240 Northpoint Parkway, Santa Rosa, CA 95407-5009 p | 707.571.1883 f | 707.571.7813
CLOSING
We trust this proposal is satisfactory and meets with your approval. Please call us at 714.906.7528 if there are questions or if our scope or fee estimate needs clarification.
Respectfully submitted,
KLEINFELDER, INC.
Brandon Lanthier, PE, GE, PMP Tim Williams, PE, GE
Geotechnical Project Manager Principal Geotechnical Engineer Attachments: California Department of Water Resources DSOD Inspection Report(August 7, 2025) Kleinfelder 2025 Fee Schedule
Agenda Item #10.6.
M2601887.001P/LH25P186953 September 19, 2025
© 2025 Kleinfelder www.kleinfelder.com
CALIFORNIA DEPARTMENT OF WATER RESOURCES DSOD INSPECTION REPORT Agenda Item #10.6.
Agenda Item #10.6.
Agenda Item #10.6.
Agenda Item #10.6.
Agenda Item #10.6.
Agenda Item #10.6.
Agenda Item #10.6.
Agenda Item #10.6.
Agenda Item #10.6.
M2601887.001P/LH25P186953 September 19, 2025
© 2025 Kleinfelder www.kleinfelder.com
KLEINFELDER 2025 FEE SCHEDULE
Agenda Item #10.6.
KLEINFELDER, INC – NorCal Pacific Area, Geotech Services 2025 RATE SCHEDULE
Developed for: Geotechnical Engineering Services
Kleinfelder Fee Schedule 2025_Geo_NCP Revised 9/2025
Page | 1 of 2
PROFESSIONAL STAFF RATES
Professional* ................................................................................................................................ $ 152/ hour Staff Professional I*...................................................................................................................... $ 173/ hour Staff Professional II*..................................................................................................................... $ 184/ hour Project Professional...................................................................................................................... $ 210/ hour Senior Professional ....................................................................................................................... $ 218/ hour Principal Professional ................................................................................................................... $ 257/ hour Senior Principal Professional ........................................................................................................ $ 314/ hour Project Manager I / Materials Manager I* ................................................................................... $ 199/ hour Project Manager II ........................................................................................................................ $ 210/ hour Senior Project Manager ............................................................................................................... $ 263/ hour Program Manager ........................................................................................................................ $ 268/ hour Senior Program Manager ............................................................................................................. $ 299/ hour GIS/Designer/Drafter*.................................................................................................................. $ 122/ hour Senior GIS/Designer/Drafter ........................................................................................................ $ 166/ hour Project Controls Professional* ..................................................................................................... $ 137/ hour Senior Project Controls Professional ............................................................................................ $ 210/ hour Administrator* ............................................................................................................................. $ 116/ hour
TECHNICIAN NON-PREVAILING WAGE (OFF-SITE) RATES
Technician * - ACI/Soils/Asphalt Testing & Observation.............................................................. $ 116/ hour Special Inspector* - ICC Certified Structural Inspector (Masonry, Shotcrete and PT Slab Services, Reinforced Concrete, High Strength Bolting, and Floor Flatness) .......................................... $ 126/ hour
Special Inspector* - CWI/NDT/NACE (Welding, NDT, NACE) ....................................................... $ 152/ hour
TECHNICIAN PREVAILING WAGE (ON-SITE AND TRAVEL) RATES
Technician/Inspector Group 1^ (Lead Insp - NC 63-3-9-2023-1)................................................. $ 237/ hour Technician/Inspector Group 2^ (Welding - NC 63-3-9-2023-1) .................................................. $ 231/ hour Technician/Inspector Group 3^ (Soils - NC 63-3-9-2023-1)......................................................... $ 210/ hour Technician/Inspector Group 4^ (Concrete - NC 63-3-9-2023-1) ................................................. $ 194/ hour Public works projects or projects receiving public funds may be subject to Prevailing Wage laws. The above rates marked ^ do apply to NC 63-3-9-2023-1 prevailing wages. Group 3 Soils rate may be used for any professional staff handling soil during pre-construction, construction, or demolition activities in accordance with California AB1768. Second shift rates (not shown) apply to any work starting after 2pm and before 4am and will incur a separate rate in accordance with California DIR. Travel time will be charged at the prevailing wage rate, as required per the determination and the Public Works Manual Section 4.1.5.
PW rates will be charged, including retroactively, for the covered scope items if the DIR directs that this is covered work at any time during the life of this agreement, or thereafter. Hourly rates assume that other direct costs will be billed and reimbursed by the client. Kleinfelder reserves the right to adjust the rate schedule on projects where other direct costs are not reimbursed.
Agenda Item #10.6.
KLEINFELDER, INC – NorCal Pacific Area, Geotech Services 2024 RATE SCHEDULE
Developed for: Geotechnical Engineering Services
Kleinfelder Fee Schedule 2025_Geo_NCP Revised 9/2025
Page | 2 of 2
Geotechnical and Materials Laboratory Testing Rates are in accordance with Fee Schedule, to be provided upon request.
Subcontractor Fees and Other Direct Costs to be reimbursed at cost plus 10%.
Travel related expenses to be reimbursed at cost.
Mileage to be billed at current IRS rate.
*Time worked in excess of 8 hours per day and weekend/holiday work will be charged at 1.5X the hourly rate shown above. Overtime applies to (*) rates only.
Hourly rates shall be escalated annually on January 1 of each calendar year, starting 1/1/2026. Labor Escalation Rate to be 5%.
Agenda Item #10.6.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: October 14, 2025
FROM: Mario Traverso, Project Manager
SUBJECT: Consideration and proposed adoption of a Resolution approving the project plans for Capital Improvement
Project W-101 Tank 2 Rehabilitation and authorizing the advertisement for bids.
RECOMMENDED
ACTION:
Approve the Resolution
PREVIOUS COUNCIL
ACTION:
The W-101 Tank 2 Rehabilitation Project is included in the City’s FY 2024-2028 CIP which was approved by City
Council on June 13, 2023 and again in the FY 2025-2029
CIP adopted by Council on September 24, 2024.
STATEMENT OF THE
PURPOSE:
The purpose of this action is to approve the scope and
design of CIP project W-101 Tank 2 Rehabilitation, in
accordance with the municipal code in preparation for
advertisement for bidding.
FINANCIAL IMPACT: None. Project budget will be updated with the authorization to award a construction contract.
BACKGROUND:
A significant component of the City's drinking water distribution system are two large tanks which store treated water from the water treatment plant. Tank 1 can store 1 million gallons of water and is located at the water treatment plant property. Tank 2 can store 2.7 million gallons of water and is located near the lower reservoir on Spring Mountain Road. Together these tanks provide both storage and pressure for the City's water distribution system.
DISCUSSION:
Tank 2 has been in service since 1992. In 2019 a Capital Improvement Project was developed to refurbish the tank. The refurbishment consists of draining the tank, cleaning and recoating the interior lining, replacing screens, replacing the corrosion protection system and upgrading the ventilation system. The project was resurrected by staff in 2024, and plans were recently completed by Oscar Larsen & Associates Consulting Engineers from Eureka, CA. Upon approval of the plans and authorization to bid, staff will finalize the bid package in anticipation for construction during the winter months which allows the tank to be taken offline while the water demand is low. The work is expected to be completed by March 1, 2026.
ENVIRONMENTAL REVIEW: None
Agenda Item #10.7.
GOAL:
Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 3: Pursue Water Security & Sustainable Management of Water Resources Goal 5: Enhance Quality of Life
Goal 8: Implement Capital Improvement Plans (CIP) Projects Miscellaneous/Other DOCUMENTS ATTACHMENTS:
Attachment 1 - Resolution - PSE Approval
Attachment 2 - CIP Page
Attachment 3 - Plans
Agenda Item #10.7.
CITY OF ST. HELENA
RESOLUTION NO. 2025 -
FINDING THE W-101 TANK 2 REHABILITATION
PROJECT EXEMPT FROM CEQA; APPROVING AND
ADOPTING THE PROJECT PLANS; AND AUTHORIZING
THE BID REQUEST FOR THE TANK 2 REHABILITATION
PROJECT.
RECITALS
A. The City of St. Helena is responsible for maintenance of City owned utility infrastructure; and
B. On June 13, 2023, City Council approved the FY 2024-2028 CIP which includes the W-101; and
C. The W-101 Tank 2 Rehabilitation Project scope was developed in accordance with the adopted Capital Improvement Program; and
D. The Project Plans for the W-101 Tank 2 Rehabilitation Project have been prepared by Oscar Larsen Consulting Engineers, reviewed by the City Engineer, and presented for approval and authorization to bid.
RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:
1. The project is categorically exempt from the California Environmental Quality Act, pursuant to CEQA Guidelines section 15301, Existing Facilities Class 1 which exempts the operation, repair, maintenance, and permitting of existing facilities involving negligible or no expansion of use including publicly owned utilities; and
2. The Project Plans will be available on the City of St. Helena’s website and for viewing at St. Helena Public Works, 1088 College Avenue, are hereby approved; and
3. The Public Works Director/City Engineer is authorized to solicit bids for the subject project.
Approved at a Regular Meeting of the St. Helena City Council on October 14, 2025, by the following vote:
Mayor Dohring: __________
Vice Mayor Deasy: __________
Agenda Item #10.7.
Council Member Barak: __________
Council Member Spadarotto: __________
Council Member Summers: __________
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Andrew Bradley, City Clerk
Agenda Item #10.7.
Tank 2 Rehabilitation
Project No: W-101
Category Water
Project APN 022-420-019
Location:
Responsible Public Works
Department:
EXPENDITURE ACCOUNTS: 763-5030-
STATUS: Design
PRIORITY: High
PROJECT PURPOSE & DESCRIPTION:
The Tank 2 Rehabilitation Project involves critical maintenance of Tank 2 located at the Lower Reservoir to ensure its structural integrity, water quality performance, and regulatory compliance. This project includes: - Interior sandblasting and coating to restore corrosion protection. -Sanitization and disinfection of the tank to meet public health and drinking water standards. -Improvements that extend the operational lifespan of the tank and protect stored water from contamination.
This rehabilitation was identified as a high-priority need in the Water Rate Study and Integrated Utility Master Plan.
PROJECT NOTES:
•FY24 - Project included in the proposed Water Rate Study, with a scheduled delivery timeline for design and construction.
-Budget reflects updated cost estimates due to escalation. •FY25 - City issue a Professional Services Agreement (PSA) in FY25 Q1 for design and preparation of construction bid documents.
-Construction tentatively scheduled for FY25 Q2-Q3, pending completion of design and environmental review. -Exp/Enc expenditures reflect design work completed under the original project between FY16-FY22. •FY26 - Construction is currently scheduled for FY26 Q2-Q3, based on adjusted delivery timelines and bond funding allocations.
Exp/Enc as
of Continued PROJECT
EXPENDITURES 2/28/2025 Approp. 2025-26 2026-27 2027-28 2028-29 2029-30 TOTAL 3110 - Design 115,684 61,125 176,809
3150 - Construction Management 118,000 118,000
3160 - Construction Contract 686,000 686,000
3170 - Contingency 65,000 65,000
EXPENDITURE TOTALS 115,684 930,125 1,045,809
FUNDING SOURCES
763-Water Capital Improvement - Bond 115,684 930,125 1,045,809 FUNDING TOTALS 115,684 930,125 1,045,809
41 Agenda Item #10.7.
©
PROJECT
LOCATION
Agenda Item #10.7.
© Agenda Item #10.7.
© Agenda Item #10.7.
© Agenda Item #10.7.
© Agenda Item #10.7.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Planning
DATE: October 14, 2025
FROM: Maya DeRosa, Community Development Director
SUBJECT: Waiver of second reading and adoption of an Ordinance approving Zoning Ordinance Amendment (ZOA 25-003) to
amend Chapters 17.24.050 B(1) and 17.32, Definition of
Terms, Visibility Triangle of Title 17 of the St. Helena Municipal Code regarding vision triangle standards.
RECOMMENDED
ACTION:
Waive the second reading of and adopt the proposed
Ordinance to:
1. Find that the proposed changes to Chapter 17.30 of the Zoning Code are exempt from CEQA Guideline 15061
(b)(3); and
2. Approve and adopt Zoning Ordinance Amendment
(ZOA 25-003) to amend Chapters 17.24,050 B (1) and
17.32, Definition of Terms, Visibility Triangles of Title 17 of the St. Helena Municipal Code regarding vision triangle standards.
PREVIOUS COUNCIL
ACTION:
1. On September 23, 2025, the City Council
introduced and waived the first reading of the
ordinance.
STATEMENT OF THE
PURPOSE:
Amend the St. Helena Municipal Code in an effort to
eliminate conflicting compliance standards regarding the visibility triangle.
FINANCIAL IMPACT: None
BACKGROUND:
The St Helena Municipal Code (SHMC) 17.24.050.B (1) states the height requirements for any fences, walls and hedges within the “visibility triangle” shall not exceed 2 feet.
Additionally, SHMC Chapter 17.32 defines “visibility triangle” as the following:
“Visibility triangle” means, on a corner lot, the triangle formed by lines extended from the face of the curb to their intersection and a line connecting the face of the curb extensions measured thirty-five (35) feet from their point of intersection. If no curb exists, the edge of the roadway or vehicular travel area shall be used as the point of measurement.
This code requirement has been in effect for decades and was reaffirmed in the recent planning code revision in 2023.
Agenda Item #10.8.
Public Works has a City Standard (since 1993) that conflicts with the current Municipal Code in relation to the visibility triangle. “City of St. Helena Visibility and Fencing Requirements Standard No. 324” sets the visibility triangle at 25 feet from the corner and has been referenced and used in the approval of several building projects as recently as November 2023.
The differing standard and Ordinance has led to confusion amongst city staff and members of community.
In January 2024 the Fire Chief and Fire Inspector, at the request of the City Manager, examined all 299 corners in the City of St. Helena. According to the SHMC visibility triangle requirements of 35 feet and 2 ft. fence height, 66 corners were found to be out of compliance. Later in 2024, a marketing campaign was launched to inform the public about the enforcement of the SHMC Visibility Triangle requirements.
As of April 2025, the number of corners out of compliance has reduced to 26.
When applying the Public Works Standard No. 324 requirement of 25 feet, the number of corners out of compliance reduces to 9.
On May 20, 2025, the Planning Commission discussed the code compliance issues above, current visibility triangle standards and options for amending the zoning code to make the code more effective. The Planning Commission provided direction that they were open to increasing the allowable height within the visibility triangle, as long as the standard was not over 42 inches as the allowable height for fences, walls and hedges within the triangle. The Planning Commission also directed staff that the proposal to reduce the codified standard for the length of the vision triangle from 35 to 25 feet was acceptable.
Subsequently on September 2, 2025, the Planning Commission recommended (3-0) the City Council adopt an ordinance amending the vision triangle standards and definition as noted in the attached ordinance (Attachment 1).
DISCUSSION:
While the Fire Chief and Fire Inspector were investigating all 299 corners in the city, only 2 corner fences met the 2 ft. height requirement listed in the SHMC. The remaining corners with fences and walls were all at or below 42 inches except for the tennis court chain link fence at the southwest corner of Spring Mtn. Rd and Hillview Pl which has a city approved variance. Some of the corners had vegetation more than 42 inches in height which will need to be addressed by the property owners.
In considering the safety factors related to changing the vision triangle standards as noted in this report, the Police Department was consulted and they did not have concerns with the increased allowable height of 42 inches within the vision triangle nor Agenda Item #10.8.
did they have concern with the 25 foot allowable length. Additionally, there is data from Caltrans that the line of sight for a driver is at 42 inches high, therefore this should be the maximum height within a visibility triangle.
As part of the research for this ZOA, Planning staff conducted research of vision triangle zoning standards in other surrounding cities. There was a fair amount of variation in standards for both the length of the vision triangle and allowable height within the vision triangle.
Adjusting the SHMC visibility triangle definition in SHMC Chapter 17.32 to match that of 25-foot length noted in Public Work Standard No. 324 and also increasing the allowable height within the vision triangle in SHMC 17.24.050 B (1) from 2 feet to 42 inches would allow the majority of existing fences on corners to remain in compliance. The ordinance (Attachment 1) as part of this staff report memorializes these proposed changes to the zoning ordinance.
ENVIRONMENTAL REVIEW:
Pursuant to CEQA Guidelines Section 15061(b) (3), the project will not have a significant impact on the environment and is exempt from CEQA.
GOAL:
Miscellaneous/Other
DOCUMENTS ATTACHMENTS:
Ordinance - Vision Triangle Standards CC 10-14-2023 Clean Attachment 1-Ordinance - Vision Triangle Standards CC 10-14-2023 Agenda Item #10.8.
83578.00012\42255084.1
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. HELENA AMENDING SECTION 17.24.050 B(1) AND CHAPTER 17.32 (DEFINITIONS) OF TITLE 17 OF THE ST. HELENA MUNICIPAL CODE (ZOA 25-003) REGARDING
STANDARDS FOR VISIBILITY TRIANGLES
WHEREAS, Title 17 of the St. Helena Municipal Code (SHMC) includes standards for visibility triangles and also define how they are measured; and WHEREAS, SHMC Section 17.24.050 B(1) establishes specific standards for the maximum height of fences and hedges within visibility triangles; and WHEREAS, SHMC Chapter 17.32 includes a definition of a visibility triangle and how they are measured which includes Figure 17.32 E ; and WHEREAS, in January 2024 the City completed a visual survey of all corner properties and determined that the maximum height allowance of 2 feet and the long 35 foot length of the vision triangle measurement created challenges for properties to comply with the zoning ordinance ; and
WHEREAS, the City desires to amend SHMC section 17.24.050 B(1) and Chapter 17.32, to have visibility triangle standards which provide more flexibility for property owners, yet still ensure safety requirements at intersections are met; and WHEREAS, the Planning Commission held a duly noticed public hearing at a Regular Meeting on September 2, 2025, on the proposed Ordinance during which public hearing the Planning Commission received comments from City staff and members and recommended approval to the City Council through Resolution No. _____; and WHEREAS, the City Council held a duly noticed public hearing on September 23, 2025 , on the proposed Ordinance, during which public hearing the City Council received comments from City staff and members of the general public; and WHEREAS, the City Council desires to approve the requested amendments to Section 17.24.050 B(1) and 17.32, Definition of Terms, Visibility Triangle, of the St.
Helena Municipal Code through approval of this Ordinance.
NOW, THEREFORE, the City Council of the City of St. Helena does hereby ordain as follows:
Section 1. Recitals. The above recitals are incorporated as though set forth in this section.
Agenda Item #10.8.
83578.00012\42255084.1
Section 2. Amendment. Please see below:
Subsection B (1) of Section 17.24.050 f the St. Helena Municipal Code is hereby amended to read as follows
1. Fences, hedges, or dense planting in the form of a hedge shall not exceed forty-two inches in height when located in the visibility triangle as defined in Part V, Definitions and Rules of Measurement.
Chapter 17.32, Definition of Terms, Visibility Triangle Visibility triangle. On a corner lot, the triangle formed by lines extended from the face of the curb to their intersection and a line connecting the face of the curb extensions measured twenty five (25) feet from their point of intersection. If no curb exists, the edge of the roadway or vehicular travel area shall be used as the point of measurement.
Figure 17.32(E). Visibility Triangle
Agenda Item #10.8.
83578.00012\42255084.1
Section 3. Severability. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 4. CEQA. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the Guidelines), and the environmental regulations of the City. The City Council hereby finds that this ordinance is exempt from review under CEQA under Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.
Section 5. Effective Date. This Ordinance shall take effect and be enforced within thirty (30) days from and after the date of its adoption by the City Council at a second reading and shall be posted and published in accordance with the California Government Code.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the St.
Helena City Council on the 23rd day of September, 2025, and was adopted at a regular meeting of the St. Helena City Council on the day of , 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:__________________________ APPROVED:_____________________ Andrew Bradley, City Clerk Paul Jamison Dohring, Mayor
Agenda Item #10.8.
83578.00012\42255084.1
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. HELENA AMENDING SECTION 17.24.050 B(1) AND CHAPTER 17.32 (DEFINITIONS) OF TITLE 17 OF THE ST. HELENA MUNICIPAL CODE (ZOA 25-003) REGARDING
STANDARDS FOR VISIBILITY TRIANGLES
WHEREAS, Title 17 of the St. Helena Municipal Code (SHMC) includes standards for visibility triangles and also define how they are measured; and WHEREAS, SHMC Section 17.24.050 B(1) establishes specific standards for the maximum height of fences and hedges within visibility triangles; and WHEREAS, SHMC Chapter 17.32 includes a definition of a visibility triangle and how they are measured which includes Figure 17.32 E ; and WHEREAS, in January 2024 the City completed a visual survey of all corner properties and determined that the maximum height allowance of 2 feet and the long 35 foot length of the vision triangle measurement created challenges for properties to comply with the zoning ordinance ; and
WHEREAS, the City desires to amend SHMC section 17.24.050 B(1) and Chapter 17.32, to have visibility triangle standards which provide more flexibility for property owners, yet still ensure safety requirements at intersections are met; and WHEREAS, the Planning Commission held a duly noticed public hearing at a Regular Meeting on September 2, 2025, on the proposed Ordinance during which public hearing the Planning Commission received comments from City staff and members and recommended approval to the City Council through Resolution No. _____; and WHEREAS, the City Council held a duly noticed public hearing on September 23, 2025 , on the proposed Ordinance, during which public hearing the City Council received comments from City staff and members of the general public; and WHEREAS, the City Council desires to approve the requested amendments to Section 17.24.050 B(1) and 17.32, Definition of Terms, Visibility Triangle, of the St.
Helena Municipal Code through approval of this Ordinance.
NOW, THEREFORE, the City Council of the City of St. Helena does hereby ordain as follows:
Section 1. Recitals. The above recitals are incorporated as though set forth in this section.
Agenda Item #10.8.
83578.00012\42255084.1
Section 2. Amendment. Please see below (new language is underlined, deletions are in strikeout):
Subsection B (1) of Section 17.24.050 f the St. Helena Municipal Code is hereby amended to read as follows
1. Fences, hedges, or dense planting in the form of a hedge shall not exceed two feet forty-two inches in height when located in the visibility triangle as defined in Part V, Definitions and Rules of Measurement.
Chapter 17.32, Definition of Terms, Visibility Triangle Visibility triangle. On a corner lot, the triangle formed by lines extended from the face of the curb to their intersection and a line connecting the face of the curb extensions measured twenty five (25) 35 feet from their point of intersection. If no curb exists, the edge of the roadway or vehicular travel area shall be used as the point of measurement.
Figure 17.32(E). Visibility Triangle
Section 3. Severability. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not 25’
25’
Agenda Item #10.8.
83578.00012\42255084.1
declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 4. CEQA. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the Guidelines), and the environmental regulations of the City. The City Council hereby finds that this ordinance is exempt from review under CEQA under Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.
Section 5. Effective Date. This Ordinance shall take effect and be enforced within thirty (30) days from and after the date of its adoption by the City Council at a second reading and shall be posted and published in accordance with the California Government Code.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the St.
Helena City Council on the 23rd day of September, 2025, and was adopted at a regular meeting of the St. Helena City Council on the day of , 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:__________________________ APPROVED:_____________________ Andrew Bradley, City Clerk Paul Jamison Dohring, Mayor
Agenda Item #10.8.
Agenda Report to the City Council
Agenda Section: NEW BUSINESS
Department: Human Resources
DATE: October 14, 2025
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Approval of Resolution Authorizing Recruitment for an Assistant Public Works Director (Operations), Chief of
Police, and Community Services Director.
RECOMMENDED
ACTION:
Staff recommends approval of the attached resolution.
PREVIOUS COUNCIL
ACTION:
March 11, 2025 - Hiring Freeze on all Vacant Positions.
STATEMENT OF THE
PURPOSE:
The purpose is to receive authorization to recruit for vacant positions that provide necessary services to the City's operations.
FINANCIAL IMPACT: Funding for the vacant positions was previously approved in the FY 2025-26 and FY 2026-27 Biennial Budget,
therefore there is no additional financial impact.
BACKGROUND:
On January 28, 2025, Council Member Barak requested an item be placed on a future agenda to discuss and consider issuing a temporary freeze on all new hires, salary increases not contractually obligated, reclassifications and discretionary spending until the City's financial situation is clarified, and sustainable funding solutions are in place to address the deficits.
Additionally, proposing that the City Council would retain authority to approve exceptions on a case-by case basis when such actions are deemed critical for public safety, legal compliance or liability or other urgent needs at the council's discretion where delaying action would result in significant harm to the City or its residents.
On March 11, 2025, staff prepared a staff report and presentation addressing Council Member Barak's request and made recommendations based on existing vacancies at the time of the report. City Council adopted recommendations outlined in the Staff Report 12.3, subject to a meet and confer with represented employee bargaining groups, while incorporating the core provisions of the original motion, instituting a temporary hiring freeze as follows:
1. A temporary freeze on all new hires, except for positions recommended for immediate hiring in the staff report.
2. All other vacant positions will remain frozen unless the Council approves an exception based on clear justification.
Agenda Item #13.1.
DISCUSSION:
Since March 11, 2025, several positions have become vacant or will be vacant in the near future. Therefore, staff is requesting authorization to recruit for the following positions:
Public Works Administration
The Deputy City Manager position, which oversaw Public Works Operations including the Water and Wastewater Treatment Plants, became vacant following the previous incumbent's departure in September 2025. This position plays a vital role in the organization by providing management-level oversight of critical infrastructure operations, ensuring regulatory compliance, and supporting long-term capital planning.
With the recent vacancy in the Deputy City Manager position, staff has reviewed the organizational structure and identified an opportunity to realign responsibilities to better reflect current operational needs. Rather than refilling the Deputy City Manager role, staff recommends transitioning oversight of Public Works Operations to an Assistant Public Works Director (Operations) position. This reclassification will maintain strong departmental leadership while creating a more focused management structure dedicated to supporting the City’s Public Works Department's maintenance and operations divisions, with significant focus on water and wastewater operations.
Recruiting for an Assistant Public Works Director (Operations) will allow the City to attract candidates with specialized technical and operational expertise, ensuring continuity in critical public works services while aligning staffing resources with the City’s long-term organizational goals.
Police Department
The City has received notice of the Chief of Police’s intent to retire, which may create the need to initiate a recruitment process to fill this key executive position. The Chief of Police plays a vital role in maintaining public safety, overseeing departmental operations, and ensuring alignment with the City’s organizational goals and community priorities.
At this time, staff is evaluating internal and external options to determine the most effective approach for succession planning and leadership continuity within the Police Department. Should it be determined that an external recruitment is necessary, obtaining authorization to recruit at this time will allow the City to move forward promptly.
Community Services Department
The Community Services Director position, which oversees the City’s Library and Recreation Divisions, became vacant following the previous director’s departure in August 2025. This leadership role is essential to maintaining high-quality community programs, supporting staff development, and ensuring that services continue to meet the needs of residents.
Agenda Item #13.1.
Staff is currently evaluating internal and external options to determine the most effective path forward for filling the position. Should an external recruitment be deemed necessary, obtaining authorization to recruit at this time will allow the City to move forward promptly.
ENVIRONMENTAL REVIEW:
None.
GOAL:
Goal 7: Enhance Organizational Effectiveness
DOCUMENTS ATTACHMENTS:
Resolution Recruitment Authorization
Agenda Item #13.1.
CITY OF ST. HELENA
RESOLUTION NO. 2025 -
Resolution authorizing recruitment for an Assistant Public Works Director, Chief of Police, and Community Services Director.
RECITALS
A. On January 28, 2025, Council Member Barak requested an item be placed on a future agenda to discuss and consider issuing a temporary freeze on all new hires; and
B. Additionally, proposing that the City Council would retain authority to approve exceptions on a case-by-case basis when such actions are deemed critical for public safety, legal compliance or liability or other urgent needs at the council's discretion where delaying action would result in significant harm to the City or its residents; and C. On March 11, 2025 City Council adopted the hiring freeze pleacing a temporary hiring freeze on all new hires and all other vacant positions will remain frozen unless Council approves an exception based on clear justification; and D. Since March 11, 2025, several positions have become vacant or will be vacant in the near future; and
E. The Deputy City Manager position, which oversaw Public Works Operations including the Water and Wastewater Treatment Plants, became vacant following the previous incumbent's departure in September 2025; and
F. The City has received notice of the Chief of Police’s intent to retire, which may create the need to initiate a recruitment process to fill this key executive position; and
G. The Community Services Director position, which oversees the City’s Library and Recreation Divisions, became vacant following the previous director’s departure in August 2025; and
H. In order to meet day-to-day operational needs, staff requested authorization to recruit for these positions if it is deemed to be necessary.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. Authorizes the City Manager to direct staff to recruit for for an Assistant Public Works Director, Chief of Police, and Community Services Director.
Agenda Item #13.1.
Approved at a Regular Meeting of the St. Helena City Council on October 14, 2025, by the following vote:
Mayor Dohring: __________
Vice Mayor Deasy: __________
Councilmember Barak: __________
Councilmember Spadarotto: __________
Councilmember Summers: __________
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Erika Opp, Acting City Clerk Agenda Item #13.1.
Agenda Report to the City Council
Agenda Section: NEW BUSINESS
Department: Finance
DATE: October 14, 2025
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Resolution Authorizing the City Manager to Execute up to three Professional Services Agreement with up to two
Professional Recruiting Firms for up to $25,000 each and a total not-to-exceed amount of $75,000 funded through
existing salary savings.
RECOMMENDED
ACTION:
Staff recommends approval of the attached resolution.
PREVIOUS COUNCIL
ACTION:
March 11, 2025 - Discretionary spending freeze for any
discretionary expenditures exceeding $10,000.
STATEMENT OF THE
PURPOSE:
The purpose of this action is to authorize the City Manager to execute uprofessional services agreements with up to two firms for executive recruiting services to assist in filling vacated positions.
FINANCIAL IMPACT: The total financial impact of executing up to three professional services agreements is not to exceed
$75,000. The cost will be funded through existing salary savings; therefore, no budget increase is required at this time.
BACKGROUND:
On January 28, 2025, Council Member Barak requested an item be placed on a future agenda to discuss and consider issuing a temporary freeze on all new hires, salary increases not contractually obligated, reclassifications and discretionary spending until the City's financial situation is clarified, and sustainable funding solutions are in place to address the deficits.
Additionally, proposing that the City Council would retain authority to approve exceptions on a case-by-case basis when such actions are deemed critical for public safety, legal compliance or liability or other urgent needs at the council's discretion where delaying action would result in significant harm to the City or its residents.
On March 11, 2025, staff prepared a staff report and presentation addressing Council Member Barak's request implementing a discretionary spending freeze as follows:
1. All discretionary expenditures are frozen unless explicitly aligned with an adopted strategic initiative or deemed critical to city operations.
Agenda Item #13.2.
2. Any discretionary expenditure exceeding $10,000 must be reviewed and approved by the City Council.
3. Staff will provide a quarterly reporting on discretionary spending requests and any exceptions granted.
DISCUSSION:
Since March 11, 2025, several executive positions have become vacant or are anticipated to become vacant in the near future. Accordingly, staff is requesting authorization for the City Manager to execute up to three professional services agreements for executive recruiting services, as needed, to support the completion of these recruitments.
Should the City determine that it is necessary to recruit for the positions the use of an executive recruiting firm is necessary due to the specialized nature and high-level responsibilities of the vacant positions. Executive recruitments require extensive outreach, targeted advertising, and professional screening to attract and evaluate qualified candidates with the leadership experience and technical expertise necessary for success in municipal management.
Given current staffing constraints and competing workload demands, utilizing an experienced recruitment firm will ensure a thorough, timely, and competitive process that reflects the City’s commitment to hiring highly capable and well-qualified individuals. Additionally, professional recruiters bring valuable networks, industry insight, and neutrality that enhance candidate selection and strengthen the City’s ability to identify the best possible fit for each role.
Staff recommends retaining the following firms based on their extensive experience and proven success in conducting executive-level recruitments across a variety of disciplines within the public sector:
Peckham & McKenney
CPS HR Consulting
Both firms are well regarded for their comprehensive recruitment strategies, strong candidate networks, and commitment to promoting diversity in hiring. Their expertise will ensure a professional and competitive process that aligns with the City's organizational needs and values. Execution of the agreements will occur only if staff determines that the use of a recruiting firm is necessary to complete a specific recruitment.
ENVIRONMENTAL REVIEW:
None.
GOAL:
Goal 6: Improve Employee Recruitment, Retention, & Morale Agenda Item #13.2.
DOCUMENTS ATTACHMENTS:
Resolution Recruiting Firm PSA Authorization
Agenda Item #13.2.
CITY OF ST. HELENA
RESOLUTION NO. 2025 -
Resolution the City Manager to Execute up to three
Professional Services Agreement with up to two Professional Recruiting Firms for up to $25,000 each and a total not-toexceed amount of $75,000 funded through existing salary savings.
RECITALS
A. On January 28, 2025, Council Member Barak requested an item be placed on a future agenda to discuss and consider issuing a temporary freeze for any discretionary expenditures exceeding $10,000; and
B. Additionally, proposing that the City Council would retain authority to approve exceptions on a case-by-case basis when such actions are deemed critical for public safety, legal compliance or liability or other urgent needs at the council's discretion where delaying action would result in significant harm to the City or its residents; and C. On March 11, 2025 City Council adopted the temporary freeze for any discretionary expenditures exceeding $10,000 unless Council approves an exception based on clear justification; and
D. Since March 11, 2025, several executive positions have become vacant or are anticipated to become vacant in the near future; and
E. Accordingly, staff is requesting authorization for the City Manager to execute up to three professional services agreements for executive recruiting services, as needed, to support the completion of these recruitments for a total not-to-exceed amount of $75,000.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. Authorizes the City Manager to Execute up to three Professional Services Agreement with up to two Professional Recruiting Firms for up to $25,000 each and a total not-to-exceed amount of $75,000.
2. Funding will be through existing salary savings; therefore, no budget increase is required at this time.
Agenda Item #13.2.
Approved at a Regular Meeting of the St. Helena City Council on October 14, 2025, by the following vote:
Mayor Dohring: __________
Vice Mayor Deasy: __________
Councilmember Barak: __________
Councilmember Spadarotto: __________
Councilmember Summers: __________
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Andrew Bradley, City Clerk
Agenda Item #13.2.