St. Helena City Council
September 22, 2026

City of St. Helena
City Council Regular Meeting
Tuesday, September 22, 2026 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena CA
PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the "Public Forum" portion of the agenda may do so, but please observe the time limit of four minutes.

The City Council meeting will be live-streamed on Comcast Channel 28 and on the City’s website.

Public comment for City Council meetings will be accepted via email via to [email protected]. All public comments must be received three hours prior to the meeting. All other public comments received after the deadline will be attached to the item the next business day or soon thereafter. Public comments will not be read out loud but will be publicly available and attached to the online City Council agenda.

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

The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at cityofsthelena.gov.

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

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

El horario de las reuniones publicadas y próximas puede ser localizado en el sitio de web de la Ciudad en cityofsthelena.gov

1. CALL TO ORDER

2. ROLL CALL
Mayor: Paul Dohring, City Council Members: Aaron Barak, Michelle Deasy, Kate Spadarotto, Scott Diaz

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF THE AGENDA

5. APPROVAL OF THE MINUTES

5.1. Regular City Council Meeting Minutes of September 8, 2026

6. PUBLIC FORUM
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Forum. Each person’s comments shall be limited to 4 minutes. Each person is entitled to speak on any non-agendized item only once at any meeting. Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make requests that items be placed on future agendas, but in accordance with state law, no substantive discussion or action may take place unless and until the matter properly appears on the agenda.

Estimated start time: 6:05 p.m.

6.1. Public Comment

7. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, AND AB 1234 REPORTS
Reports by staff and/or Council Members on items of general interest. Brief questions for clarification may be posed and answered, and Council Members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.

Estimated start time: 6:15 p.m.

8. PRESENTATIONS AND PUBLIC RECOGNITIONS

9. STAFF BRIEFING AND PRESENTATIONS

9.1. Winter Weather and El Niño Preparedness Presentation by Fire, Police, and Public Works Departments

9.2. PG&E Vegetation Management

9.3. Water System Update

10. CONSENT ITEMS
Members of the Council or the public (present at the meeting) may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote) Estimated start time: 6:45 p.m.

10.1. Consideration and Approval of a Resolution (1) Awarding the S26-05 Sewer Rehabilitation Project to The Trenchless Company; (2) Authorizing the City Manager to execute a construction contract with The Trenchless Company; (3) Authorizing the Director of Public Works to approve construction change orders not to exceed 10% of the contract price (4) Declaring the project exempt from CEQA.

CEQA Determination: Categorical Exemption
Prepared By: Mario Traverso, Project Manager
Recommendation: Approve the Resolution

10.2. Consideration and Approval of a Resolution Accepting the Work and Directing the Filing of the Notice of Completion for the Wastewater Treatment and Reclamation Plant Improvement Project (CIP S-52).

CEQA Determination: Not a project
Prepared By: Eric Janzen, Asst. PW Director
Recommendation: Approve the Resolution Accepting the Work and Directing the Filing of the Notice of Completion for the Wastewater Treatment and Reclamation Plant Improvement Project (CIP S-52).

10.3. Adoption of a Resolution authorizing Amendment #1 to Professional Services Agreement 2025-028 with Sherwood Engineers for the Highway 29 and Mills Lane Improvements Project for a Time and Materials, Not to Exceed amount of $69,600 to be funded from Transportation Mitigation Impact Fees, and authorizing associated transfers and budget amendments.

CEQA Determination: Statutory Exemption
Prepared By: Mario Traverso, Project Manager
Recommendation: Approve the Resolution

10.4. Consideration and proposed adoption of a resolution authorizing (1) a temporary street closure of Hunt Avenue from November 23, 2026–January 5, 2027, with additional street closures on November 25, 2026; and (2) possession of open alcoholic beverages on public streets on November 25, 2026 for the Holiday Wine Barrel Tree installation and lighting ceremony.

CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: Ashley Sylvester, Director of Community Services Department Recommendation: Staff recommends City Council review and adoption of the attached resolution.

10.5. Resolution awarding the construction contract for the R24-04 Oak Avenue Surface Improvement Project to Argonaut Constructors, Authorizing the Public Works Director to approve change orders not-to-exceed 15% of the contract rice; Authorizing related actions and approving budget amendments.

CEQA Determination: Categorical Exemption, Class 1, Existing Facilities Prepared By: Mario Traverso, Project Manager
Recommendation: Approve the Resolution

10.6. Waiver of Second Reading and Adoption of Ordinance Amending Sections

2.52.010 to 2.52.070 of Chapter 2.52 of Title 2 of the St. Helena Municipal Code Regarding the Library Board of Trustees.

CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: Ashley Sylvester, Director of Community Services Department Recommendation: The Board of the St. Helena Public Library and City staff recommend that the City Council waive the second reading, and adopt the ordinances by title only the changes to Chapter 2.52 of the City's Municipal Code which govern the Board. By doing so, the Municipal Code would more accurately reflect the current duties and responsibilities of the Library Board, and ensure compliance with Education Code 18900.

10.7. A Resolution of the City Council of the City of St. Helena Identifying the Terms and Conditions for Fire Department Response Away from Their Official Duty Station and Assigned to an Emergency Incident
CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: Alec Vidler, Fire Inspector
Recommendation: Approve Resolution No. 2026-XX, to allow for reimbursement of “portal-to-portal” travel time, for Department of Interior incident responses.

11. PUBLIC HEARINGS
Estimated start time: 7:00 p.m.

11.1. Consideration of a Resolution Approving a Reimbursement Agreement with Nicca Holding for the Sulphur Springs Sewer Extension.

CEQA Determination: Statutory Exemption; Installation of a new pipeline, less than 1 mile in length in public right-of-way.

Prepared By: Mario Traverso, Project Manager
Recommendation: Approve the Resolution

12. OLD BUSINESS
Estimated start time: 7:15 p.m.

12.1. Consideration of an Ongoing Discolored Water Incident Credit Policy CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: James McCann, Interim City Manager
Recommendation: Adopt Resolution approving:

1. The establishment of an ongoing reporting-based Water Credit Policy for active customers who log verified discolored water incidents on the "St. Helena Grapevine" online portal or via direct phone call to City Staff.

2. Authorization for the City Manager and Director of Finance to establish administrative guidelines to implement, calculate, and process ongoing usage credits and damage claims.

13. NEW BUSINESS

14. CITY COUNCIL REPORTS

15. ADJOURNMENT
The next Regular City Council meeting is scheduled for October 13, 2026.

This agenda was posted at City Hall, 1088 College Avenue, and at Vintage Hall, 465 Main Street, St. Helena, California on September 17, 2026.

Andrew Bradley, City Clerk

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

CHALLENGING DECISIONS OF CITY ENTITIES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of St. Helena is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing.

If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of St. Helena, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1088 College Avenue, St. Helena, California, during normal business hours and by appointment. In addition, such writings or documents will be made available on the City’s website at cityofsthelena.gov and will be available for public review at the respective meeting.

MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, September 8, 2026 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena CA
A complete video recording of this meeting, except for closed session, can be found at https://sthelenaca.portal.civicclerk.com/ or by calling the City Clerk at (707) 968-2742.

The City Council video is the official record of the Council meeting.

Present: Mayor Paul Dohring, Vice Mayor Michelle Deasy, City Council Member Kate Spadarotto, City Council Member Scott Diaz

Absent: City Council Member Aaron Barak

1. CALL TO ORDER
Mayor Dohring called the meeting to order at 6:05 p.m.

2. ROLL CALL
Mayor: Paul Dohring, City Council Members: Aaron Barak, Michelle Deasy, Kate Spadarotto, Scott Diaz

3. PLEDGE OF ALLEGIANCE
Mayor Dohring led the Pledge of Allegiance.

4. ADOPTION OF THE AGENDA
City Council Member Kate Spadarotto moved to adopt the agenda. The motion was seconded by City Council Member Scott Diaz and on voice vote carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Michelle Deasy, City Council Member Kate Spadarotto, City Council Member Scott Diaz
NOES: None
ABSENT: City Council Member Aaron Barak
ABSTAIN: None
RECUSE: None

5. APPROVAL OF THE MINUTES

5.1. Regular City Council Minutes of August 25, 2026
City Council Member Scott Diaz moved to approve the Regular City Council minutes of August 25, 2026. The motion was seconded by City Council Member

Kate Spadarotto and on voice vote carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Michelle Deasy, City Council Member Kate Spadarotto, City Council Member Scott Diaz
NOES: None
ABSENT: City Council Member Aaron Barak
ABSTAIN: None
RECUSE: None

6. PUBLIC FORUM
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Forum. Each person’s comments shall be limited to 4 minutes.

Each person is entitled to speak on any non-agendized item only once at any meeting.

Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make requests that items be placed on future agendas, but in accordance with state law, no substantive discussion or action may take place unless and until the matter properly appears on the agenda.

Estimated start time: 6:05 p.m.

6.1. Public Comment
No public comment was received.

7. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, AND AB 1234 REPORTS
Reports by staff and/or Council Members on items of general interest. Brief questions for clarification may be posed and answered, and Council Members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.

Interim City Manager Jim McCann expressed appreciation to City staff and committee members for their efforts in making the City's 150th Anniversary celebration a successful event. He also informed the City Council that the City's new Interim Administrative Services Director, Sue Casey, will be formally introduced at the next City Council meeting.

Mayor Dohring recognized the 25th anniversary of the September 11, 2001, attacks with a moment of silence. He also acknowledged the recent passing of Tom Rinaldi, a longtime St. Helena resident.

8. PRESENTATIONS AND PUBLIC RECOGNITIONS

8.1. Proclamation Recognizing National Hispanic Heritage Month

Mayor Dohring presented the proclamation recognizing National Hispanic Heritage Month to Oscar De Haro who made brief comments. Mr. De Haro also introduced Luis Hurtado and Clara Ibarra who shared additional comments.

9. STAFF BRIEFING AND PRESENTATIONS

9.1. Discussion/Presentation on Traffic Calming Measures and Spring Street Public Works Project Manager Mario Traverso reported on the item. Following the report, the Council directed staff to further evaluate the traffic-calming measures proposed.

9.2. Oak Avenue Status Update
Project Manager Traverso reported on the item.

9.3. Main Street Sidewalks - Phase 1B Status Update
Project Manager Traverso reported on the item.

9.4. City Manager Recruitment Update
Interim City Manager McCann gave the Council an update on the recruitment for a permanent City Manager.

10. CONSENT ITEMS
Members of the Council or the public (present at the meeting) may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)

10.1. Downtown St. Helena Pedestrian Improvements Project Budget Amendment
CEQA Determination: Reliance on Prior Environmental Document (EIR/MND) Prepared By: Eric Janzen, Asst. PW Director
Recommendation: Approve the resolution.

This item was pulled for further discussion at the request of Vice Mayor Deasy.

Interim City Manager McCann provided a brief overview of the item.

Mayor Dohring opened the public comment period. Public comment was received from Michelle Liu Covell and Tamara Sorensen.

The City Council continued its discussion of the item, during which additional questions and comments were raised.

Vice Mayor Michelle Deasy moved to approve the resolution. The motion was seconded by City Council Member Scott Diaz and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Michelle Deasy, City Council Member Kate Spadarotto, City Council Member Scott Diaz
NOES: None
ABSENT: City Council Member Aaron Barak
ABSTAIN: None
RECUSE: None
Adopted Resolution 2026-095

10.2. Second Reading and Adoption of Three Ordinances Amending Sections 17.22.030, 13.04.075, and 13.20.075 of the St. Helena Municipal Code to Update Regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units and Related Water and Sewer Utility Requirements.

CEQA Determination: The proposed ADU ordinance is statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.17, while the related Title 13 utility amendments are not projects under CEQA pursuant to Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378.

Prepared By: Jackie Oneal, Senior Planner, Mario Traverso, Project Manager Recommendation: Staff recommends that the City Council:

1. Find that the ordinance amending Section 17.22.030 of the St. Helena Municipal Code is statutorily exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 21080.17; and conduct the second reading, waive full reading, and adopt the ordinance updating regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units.

2. Find that the ordinance amending Section 13.04.075 of the St. Helena Municipal Code is not subject to the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3); and conduct the second reading, waive full reading, and adopt the ordinance updating requirements applicable to private water service laterals.

3. Find that the ordinance amending Section 13.20.075 of the St. Helena Municipal Code is not subject to the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3); and conduct the second reading, waive full reading, and adopt the ordinance updating requirements applicable to private sewer laterals.

Vice Mayor Michelle Deasy moved to adopt the three ordinances. The motion was seconded by City Council Member Scott Diaz and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Michelle Deasy, City Council Member Kate Spadarotto, City Council Member Scott Diaz
NOES: None
ABSENT: City Council Member Aaron Barak
ABSTAIN: None
RECUSE: None
Adopted Ordinances 2026-08, 2026-09 and 2026-10

11. PUBLIC HEARINGS

11.1. Introduction and Waiver of First Reading Amending Sections

2.52.010 to 2.52.070 of Chapter 2.52 of Title 2 of the St. Helena Municipal Code Regarding the Library Board of Trustees.

CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: Ashley Sylvester, Director of Community Services Department Recommendation: The Board of the St. Helena Public Library and City staff recommend that the City Council conduct the first reading and introduce by title only the changes to Chapter 2.52 of the City's Municipal Code which govern the Board. By doing so, the Municipal Code would more accurately reflect the current duties and responsibilities of the Library Board and ensure compliance with Education Code 18900.

Director of Community Services Ashley Sylvester presented the item.

Mayor Dohring opened the public comment period. No public comment was received.

City Council Member Kate Spadarotto moved to approve staff's recommendation.

The motion was seconded by City Council Member Scott Diaz and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Michelle Deasy, City Council Member Kate Spadarotto, City Council Member Scott Diaz
NOES: None
ABSENT: City Council Member Aaron Barak
ABSTAIN: None
RECUSE: None

12. OLD BUSINESS
None

13. NEW BUSINESS

13.1. Consideration of a Resolution to Appoint a Planning Commissioner to fill a vacancy with a term expiring on June 30, 2028.

CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: Andrew Bradley, Program Manager (City Clerk) Recommendation: Appoint new Planning Commissioner to fill vacancy left by a resignation with a term expiring June 30, 2028.

City Clerk Andrew Bradley reported on the item.

Mayor Dohring opened the public comment period. No public comment was received.

Vice Mayor Michelle Deasy moved to appoint Elaine Honig to the Planning Commission vacancy. The motion was seconded by City Council Member Scott Diaz and, on roll call, carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Michelle Deasy, City Council Member Kate Spadarotto, City Council Member Scott Diaz
NOES: None
ABSENT: City Council Member Aaron Barak
ABSTAIN: None
RECUSE: None
Adopted Resolution 2026-096

13.2. Public Works Update on Efforts to Reduce Discolored Water Events and Proposed Mitigation Program
CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: Joseph Leach, Director of Public Works
Recommendation: Receive a presentation regarding the City's investigation of recurring discolored-water events; review the proposed Discolored Water Mitigation Program framework; and provide direction regarding the proposed approach and next steps. No budget authorization is requested as part of this item.

Assistant City Manager/Director of Public Works Joe Leach presented the item and also introduced Bruce Zaeni, Project Manager and Dr. Najim who has been assisting with water-related issues.

Following the presentation, Council Members asked clarifying questions.

Mayor Dohring opened up the public comment period. Public comment was received from Garry Rose, Joshua Parke, Michelle Liu Covell, Ely McElroy, and Tamara Sorensen.

The City Council continued its discussion of the item and provided direction to the staff to continue moving forward with the mitigation program, as expeditiously as possible, maintain records documenting work completed, develop an asset management plan, and provide regular updates to the Water/Wastewater Advisory Committee, the City Council and the public.

Mayor Dohring called for a 10-minute recess at 8:30 p.m. Council resumed at 8:40 p.m.

13.3. Establishment of a One-Time Water Bill Credit Program and Ongoing Discolored Water Incident Credit Policy in Response to Ongoing Water Discoloration Impacts
CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: James McCann, Interim City Manager
Recommendation: Adopt Resolution approving:

1. The creation of a one-time $500,000 Water Bill Credit Fund allocated from the Water Enterprise Fund for active utility customers who were on account on or before July 31, 2026, anticipating an approximate $200 credit per eligible customer account (excluding non-potable/standby account types).

2. The establishment of an ongoing reporting-based Water Bill Credit Policy for active customers who log verified discolored water incidents on the "St. Helena Grapevine" online portal or via direct phone call to City Staff.

3. Authorization for the City Manager, or their designee, to establish administrative guidelines to implement, calculate, and process one-time credits, ongoing usage credits, and damage claims.

Interim City Manager McCann reported on the item.

City Council members asked clarifying questions.

Mayor Dohring opened the public comment period. Public comments were received from Garry Rose and Chris Warner.

The City Council continued its discussion of the item, asking additional questions and providing comments. Following the discussion, the Council indicated that it did not wish to pursue providing utility customers with a $200 credit and directed staff to

further develop the Water Bill Credit policy and return with a report for Council consideration.

13.4. Receive report for FY 2025/2026 City of St. Helena Water Supply Update and Projected Water Demand.

CEQA Determination: Not a CEQA Project (CEQA Guidelines §15378) Prepared By: Ian Dale, Environmental Serv Tech
Recommendation: Receive and File.

Assistant City Manager/Director of Public Works Joe Leach reported on the item.

Mayor Dohring opened up the public comment period. No public comment was received
Council Members asked further questions. Following discussion, the City Council received and filed the report.

14. CITY COUNCIL REPORTS
Mayor Dohring reported that the NVTA will be having a strategic retreat on

15. ADJOURNMENT
Mayor Dohring adjourned the meeting at 9:23 p.m.

The next Regular City Council meeting is scheduled for September 22, 2026.

APPROVED: ATTEST:
____________________________
Paul Jamison Dohring, Mayor
____________________________
Andrew Bradley, City Clerk

Outlook
The Water Revenue Cycle - public comment for public forum.

From Michelle Covell <[email protected]>
Date Fri 9/11/2026 5:24 PM
To Andrew Bradley <[email protected]>; Public Comment <[email protected]> The Water Revenue Cycle

Rates go up → residents use less water → revenue goes down → rates go up again → even less water is used, and now the answer is supposedly we need more users to generate more revenue.

But the water is undrinkable for some. And the deferred maintenance has left so much to do, now all at once.

There are intelligent people here in this town. Please realize that, and work with them, so we can move forward.

The one track mind is not working.

The opinions expressed herein are mine individually and are not intended to represent the official position of the City of St. Helena or the St. Helena Planning Commission.

Michelle Liu Covell
Resident, Architect

Outlook
Re: Hazard mitigation - public comment next public forum From Michelle Covell <[email protected]>
Date Sat 9/12/2026 6:43 AM
To Andrew Bradley <[email protected]>
Andrew i added a few words in orange as I noticed a typo.   Sorry.  Thank you __________________________
As I think about our water, and the purpose hazard mitigation, I referred back to our St. Helena Chapter in the DRAFT multijurisdictional hazard mitigation plan.

I hope people read these sections and understand that the purpose of an objective status of our town is for public health and safety, and to prepare and strategize against hazards.

This takes planning, and understanding the existing objective status, then understanding what mitigation measures are in place, IN DEPTH, and then analysis whether it is truly doing the job to protect our town.

The words that are written are not what I am noticing objectively as currently happening, and therefore I am highlighting this in hopes that leaders understand that they are putting us and this town at risk because the words paint a different picture.

This false protection is the trickle of how systems will break, and decades later, we will ask, how did we get here.

Because no one is taking the words seriously.

The opinions expressed herein are mine individually and are not intended to represent the official position of the City of St. Helena or the St. Helena Planning Commission.

Michelle Liu Covell
Resident, Architect
Michelle Liu Covell
Architect, Partner, Director of Operations, LEED AP
707.968.9280

1407 Main St. Suite 102 Saint Helena, CA 94574
www.covellarchitects.com

Outlook
General Public Comment for next City Council Meeting
From Kelly Wheaton <[email protected]>
Date Sun 9/13/2026 3:50 PM
To Public Comment <[email protected]>
Hi Andrew,
Hope you had a great weekend can you attach this as a general comment to the next City Council Meeting. Thank you.

K
Dear Mayor Dohring, City Council members, Jim McCann and the Water Customers of St. Helena.

I attended the most recent St. Helena Water and Wastewater Meeting. I feel an obligation to share where we are with the Water Quality / Discoloration issues in St Helena, not because I understand it all but because I hope I can translate it into something more informative and understandable. As was established in the Blackberg's City of St.

Helena Efficiency and Business Transformation Study we have many structural and managerial issues. These are the high level problems that eventually translate into poor performance at the level of water quality. To put succinctly:
“We have NO Strategic Plan.”
According to the Blackberg Study:
“Public Works lacks a mature business engineering approach.” It is re-active, not proactive. Water has not been properly prioritized, (remember we had PW pouring pads for unapproved Art rather than working on the Water Quality Issues.) It seems that during the previous City Manger's tenure sidewalks and streets and public art were a higher priority than water quality and there is a direct correlation between what you spend your time and resources on, and what gets fixed. This is both a failure of management, but a failure of our elected officials to exercise proper oversight. “Public Works lacks a Long Term Strategy.” Although thanks to the Water Wastewater Committee we do have an organized, categorized CIP list. And some progress has been made in identifying the challenges and possible solutions for the Water Quality issue. And from the Finance Committee we know that we have the funds available to implement CIP and the first steps toward the new SCADA upgrades have been implemented.

Having a Prioritized CIP list and the approval in November 2025, of urgent funding for repairs and modernization fixes to its water treatment plant's SCADA system are good, but not enough. We are subsequently in process for comprehensive system assessment and preliminary design for further improvements. However this does not immediately translate into improved water quality.

Our water consists of many interrelated systems, SCADA is just one of them. We lack a comprehensive STRATEGIC PLAN for our Water. The members of the Water and Wastewater Committee repeat this refrain frequently at their meetings. This plan should involve Water Quality and Water Security. In the absence of that framework the Committee has been exploring different strategies and collecting and analyzing data that leads to identifying what is contributing to poor water quality. The last meeting the Committee received the first few NEW data points they had asked for in the monthly reporting. (Thank you Carlos Uribe.) There were suggestions in terms of water monitoring and who should collect and receive the data. None of this is by way of an excuse---but it is to underscore how important the structure of our governance is, when it translates to one of the most important things that the city is supposed to provide: clear, safe drinking water.

I have searched for an appropriate analogy to make this easier to grasp. This is imperfect but here goes. Imagine we have an unspecified number of jigsaw puzzles. They range from 500-1000 pieces. They encompass a variety of subject matters, piece sizes and patterns. Some colors are distinct and some colors overlap. The pieces were all thrown into a large bathtub and your job is to sort them out and put them together without knowing how many finished puzzles there are, or what they look like. That is the conundrum facing the City of St Helena and its water quality problem.

We have issues with the accumulation of high amounts of concretions (solids) in some sections of our water distribution system (pipes). These are like cholesterol buildup in arteries but in this case are made up of minerals in the water that solidify and accumulate in the pipes. When we started it was not clear if the pipes themselves were degrading or as we found out there is an accumulation within the pipes. High levels of minerals in the water itself can lead to greater accumulations in the pipe. The current hypothesis suggested by Jay Kouba and expanded upon by Joshua Parke is that the main trunk from Bell Canyon is where the worst accumulation is. This can only be verified by gaining access for a camera to view the accumulation and there are no convenient ports for such access. Not an excuse, just the reality of the challenge. And or we could do what we did with the Crinella area, Water Flushing or a pilot project to pig or scrub the lines. Chicken or egg? Cost vs benefit? And do we really know that this is a major source of the discolored water?
Beyond that is a perhaps more critical issue. That is high levels of manganese and to a lesser extent iron in our raw water as it is found in Bell Canyon. A recent citizen's water analysis showed above Federal guidelines for Aluminum as well. Those levels must be lowered by adding other agents into our water treatment but each of those processes can have other adverse effects. Like the same individual water sample, mentioned above exceeded Federal guidelines for Bromodichloromethane, a by-product of chlorination. Very little is straightforward, as in do this, and voila problem solved.

This is unsatisfying and perhaps unacceptable, but it is the truth. The problem has not been solved by throwing money at things and hoping that would do the trick. It will be solved by a vigorous commitment to it being our highest priority. It should be the most important task facing Public Works every single day and it should remain front and center of every council person's work. That isn't making powerpoints and word salads, that is not premature solutions, or reassurances. It is not spending $90,000 for meetings with West Yost that will not solve it. The council caves to staff incompetence consistently. And it must stop. The council just voted to spend money for more meetings with West Yost to finish, in the words of one Water and Wastewater committee member, what we already know will be obsolete upon delivery. The City Council needs to listen to its own Advisory Boards and stop deferring to Public Works staff. That $90,000 could have been spent on relief for the water customers providing bottled water, credits for excessive filter replacement etc.

So here's the bad news. Some of the water issues will be slowly identified and various puzzles pieced back together.

Others will take more time and investigation followed by the time necessary to implement the fixes. It demands leadership from both the Council, the City staff and patience from the community. I believe we are working in that direction to bring all the necessary expertise to get a clear picture of the puzzles needing to be solved. It isn't just that we have aging pipes. And it does not appear to be that the pipes themselves are corroding at an unacceptable level. It took awhile to learn even that. The city and particularly the Public Works Director did not have his eyes and resources focused on water issues for far too long. I appreciate that this appears to have changed.

There is no ONE answer because we have multiple puzzles to solve. Anyone that says otherwise does not understand the complexity of the problem.

Here is my incomplete layperson's understanding of the Manganese and Iron that are responsible for the current discoloration (as well as the solid deposits in our pipes). The suspended Manganese is coming in high concentrations from Bell Canyon. In order to bring it into acceptable levels it is treated with chlorine (and/or other agents) but it is a balancing act to get that just right. It is a tricky issue because you get one thing right and it may cause other byproducts that could be more detrimental than the problem with manganese or iron. In addition please note that this is at the top end of the water system (at the source---high levels of manganese and iron). This is before the treated water hits the main water trunk. So the gunk and deposits filtered out at the bottom end are more a symptom of the problem, and create more challenges but the high levels of, particularly manganese in the Bell Canyon water, is still a major problem.

Why the change in the level of discoloration that is no longer only seasonal? In looking at what may have changed I did some research. This is “speculative.” But if right, some of this may eventually be self correcting. There are at least three “potential” and plausible sources of an increase in manganese iron or other metals like aluminum at Bell Canyon. These are : A fire in the watershed, fire-retardant chemicals used in fighting a fire in the watershed and/or agricultural chemicals used in a watershed. All 3 are legitimate and potential sources of the problem. The Glass Fire impacted the watershed near Bell Canyon September 27–28, 2020. And even The Crystal Springs Fire in July of 2024 may have contributed to wildfire ash and burnt materials which increase levels in watersheds beginning immediately following the first major rainfall and typically persist for under 5 years, though in severe cases they can impact water supplies for up to 15 years or more. These metals leach into the soil and eventually into Bell Creek. This may be a red herring or it may be something important to our understanding.

I am noting this to highlight how many lines of inquiry are necessary to get at the root of the problem. This is not only out of the area of the expertise of local officials but also most of the consultants on whom they regularly depend. We need a more systematic and comprehensive approach. We don't need just consultants, but we need the right consultants. And we need to prioritize what Public Works expenditures are most important and most likely to increase the safety and security of our water supply. What is important is that we have made progress in our understanding.

What has been lacking is a strategic plan led by Public Works leadership. The Water/Wastewater Committee has provided direction but they are in an advisory position not a leadership one.

The citizens are rightfully fed up, as are the city council members caught in the crosshairs. And the challenge is you get a few pieces in the wrong puzzle it makes the work even harder. So I urge affected citizens to stay engaged and keep the pressure up, but at the same time realize that this is more complicated than it looks and that our interim City Manager is taking this very seriously as is the Water/Wastewater Committee.

Sincerely,
Kelly Wheaton
Inglewood Ave.

Public Comment, Agenda Item 12.1 (City Council Meeting, September 22, 2026) While attention remains focused on the water distribution system, I want to draw the Council's attention to a long-standing issue posing a significant risk for the system.

A critical priority for the Water Enterprise must be replacement of the 14" welded steel pipeline hung on the downstream side of the Pratt Avenue Bridge. It is a vulnerability should be addressed -- and addressed soon.

Back in 2010-11, the Public Works Director strongly recommended replacement of this stretch of pipeline. The Pratt Avenue Bridge is an old bridge, and is subject to both earthquake and flood events, either of which could knock the pipeline out of service. The Public Works brochure (January 2011) supporting the proposed 2011 rate increase stated:
"Critical facility with no redundancy." It urged replacement in 2015.

The Public Works Director recommended that a replacement pipeline be trenched into the Napa River riverbed or micro- tunneled under the Napa River. It did not get done due to other even more immediate capital needs. To my understanding, a replacement pipeline has yet to be scheduled.

To state the matter bluntly, the city has been living on borrowed time, but, with no alternative way of delivering Bell Canyon water to the main city, it is not prudent to defer continually replacement of the Pratt Avenue Bridge section of pipeline.

Now, it may be that the pipeline should in any event be replaced in response to the discolored water problem, but my point here is that the flood and earthquake risks in any event make replacement of this pipeline a high current priority.

Respectfully,
Alan Galbraith
St. Helena Mayor, 2014-18

Winter
Storm
Preparation
Fire Dept.

What is El Niño?
• El Niño is a weather pattern caused by unusually
warm Pacific Ocean water that often brings wetter,
stormier winters to California.
• It does not guarantee that St. Helena will flood or
rain heavier than usual.
• NWS El Niño Update - September 21, 2026

youtube.com/
@NWSBayArea

St. Helena Flood History
• 1986 Flood – Neutral Year
• 1995 Flood – El Niño Year
• 2006 Flood – Neutral Year
• St. Helena’s most recent floods occurred without El Niño conditions
Source: National Oceanic and Atmospheric Administration

Protocol – During a Winter Storm
• The City follows a tiered flood-response protocol that increases monitoring, staffing, public notifications, and emergency operations as Napa River levels rise.
• Staffing may be increased according to weather patterns such as wind and rainfall regardless of river levels.

Protocol – During a Winter Storm
River level – 14 Feet River level – 16 Feet River level – 18 Feet River level – 20 Feet PHASE 1 PHASE 2
• Police Department
(PD) will monitor and
patrol for hazards
every hour.
• PD will document any
sewer/manhole
overflow
• PD will monitor and
report notifications to
Chief of Police.
• Fire Department (FD)
will staff 2nd engine with
2 personnel.
• Public Works will staff 2
additional personnel to
monitor the flood
project (phase I)
• PD – no change in
staffing
• PD continues to
monitor & report via
Nixle/Everbridge.
• City Public Information
Officer (PIO) involved
• PD has no change in
staffing.
• FD maintains 2nd engine
staffing
• Public Works all
available personnel.

Flood project gates
closed and pumps
activated
River at Flood Stage
• City activates
Emergency Operations
Center (EOC)
• FD will staff a 3rd engine
with 3 personnel and
will up staff additional
engines accordingly
• PD will activate all
available staff
• Public Works will
maintain all available
staff. Phase II remains
in effect.

Monitoring

Sulphur Creek Bridge – November 2024 – 14 to 16 Feet River Level

Main & Adams – November 2024

Oak Avenue – November 2024

Palmer Drive – Winter Storm October 2021 (13 inches of rain in 36 hours)

Winter
Storm
Preparation
Police Dept.

Preparation – “What Can I Do Now?”
Each household can prepare for a major winter storm in the following ways:
• Go Bag – Ready and Up-to-date
• Stay Connected – sign up for Alert Napa County (Everbridge, formerly Nixle) for up-to-date emergency notifications
• Follow Direction – When public agencies (Police, Fire, Public Works) make recommendations, follow them to the best of your ability.

Winter Storm Safety
Follow these guidelines to better protect yourself
and your family from harm during a winter storm:
• Turn Around, Don’t Drown - If you observe
standing or moving water, do not attempt to drive
through it.
• Slow Down - Reduce your speed and increase
following distance, wet roads can become
extremely slippery.
• Watch for Flooding - Heavy rain can quickly
overwhelm drainage systems, creeks, and low- lying roadways.

Winter Storm Safety
• Be Alert for Fallen Trees & Debris - Strong
winds and saturated ground can bring down
trees, branches, and power lines.
• Avoid Unnecessary Travel - If conditions are
severe, stay home when possible and allow
emergency crews to respond safely.
• Stay away from Downed Power Lines - Never
touch, approach, or drive over a downed power
line. Assume every downed line is energized
and report it to 911 and the utility company.

Winter
Storm
Preparation
Public Works

Public Works Storm Preparation
October 2026 through April 2027
• City stormwater
• Sewers
• Flood project
• Generator
• Emergency equipment readiness.

Keep the Storm Water Moving
Remove sediment, leaves, branches, and debris before they block stormwater flow.

Bridge / culverts Hillside drainage Inlets / streets Routine checks Valley View Bridge
sediment removal;
Pratt Ave culvert
clearing.

V-ditch clearing at
White Sulphur Springs
and Howell Mountain.

Storm drain inlet
cleanup plus increased
fall street sweeping.

Money Way storm drain
check, clearing, and
jetting.

Approx.150
storm drain inlet locations will
be inspected / cleaned

Keep the Storm Water Moving
Sulphur Creek Bridge – Valley View

Sewer and Flood Project Readiness
Before the first major storm
Verify the system is clear, pumps are ready, and bypass options are staged.
1 Inspect & flush
Vineyard Valley sewer flushing / camera
work and outfall checks to Sulphur
Creek and the Napa River.
2 Stage pumping
Stage the 8-inch pump at Chaix Lane
and prepare VVMH bypass
equipment, hoses, cones, and trailer.
3 Test flood project pumps
Check and cycle the flood project
pumps, with ongoing flood project
inspections through the season.

Facilities, Power and Equipment
Facilities and preparedness equipment ensure City services continue functioning during severe storm conditions.

Winterize buildings
• Check gutters
• Roof areas
• Floor drains
• Sump pumps.

Fuel generators
• Fuel up all generators
• Install fuel stabilizer at all
tanks.

Emergency sites
• Flood project
• RPS
• Holmes Tank
• Crinella Lift Station
• Corp Yard
• Library emergency location
• MKS
• Bucket truck
• Chainsaws
• Advanced warning signage
prepared for response.

Equipment

Public Support and Seasonal Timeline
Sand stations and routine inspections help residents and staff stay ahead of winter conditions.

Sand stations
Crane Park parking lot and City Hall; deployed by October 1.

September
Drainage clearing, inlet
cleanup, sewer prep
October 1
Sand stations deployed
First storm
Chaix pump staging and
VVMH bypass readiness
Ongoing
Flood project
inspections and
seasonal response
In Summary: The City is clearing known trouble spots, staging pumps and bypass equipment, and keeping resident sand resources available before the heavy weather season.

Sandbag Filling Stations
City Hall Crane Park

Pacific Gas and Electric Company
City of St. Helena
September 2026

Vegetation Management

3 Keeping Trees Away from Powerlines
When trees are too close to electric
equipment, they can cause a power
outage or a wildfire. ~100,000
miles of powerlines
and perform additional inspections in
areas with increased wildfire risk.

Inspect
~1.5 million
dead, dying or hazardous trees
to prevent wildfires and help ensure
reliable power.

Trim or remove
That’s why each year we:

4 Vegetation Management Work in the City of St. Helena
2026 Work Planned
City of St. Helena
Data as of 6/29/2026. Locations are approximate and may overlap. Local work plans are subject to change due to weather, access or other schedule constraints. *Includes miles in areas with increased wildfire risk that will be inspected multiple times. 2026
Planned
miles
to inspect*
~30
2026
Completed
miles
inspected*
~15
Customers can visit pge.com/trees to learn more.

Trees trimmed
or removed
~30

5 What Customers Can Expect During This Work
Attempt to contact customers if their
property will be impacted
Inspect powerlines for potential
vegetation safety concerns
Trim or remove trees as needed
for safety or reliability
Chip and haul away small debris where
possible, and place larger wood in a safe
location on site
Conduct safety and quality checks
through follow-up inspections
PG&E will:

6 Customers can learn more
about our efforts to keep trees
away from powerlines by:

Visiting pge.com/trees
Calling 1-800-564-5080
Emailing [email protected]
Vegetation Management Community Resources
Encourage community members to report non-emergency safety concerns via the “PG&E Report It” program. Submit online or through the mobile app: pge.com/reportit

09.03 - Water System Update
By: Joe Leach, PE
September 22, 2026 1

Water System Update
2 • Sampling Water Quality: Launching systemwide baseline testing across all three water sources (Bell Canyon, Stonebridge Wells, and Napa water) to track chemical changes throughout treatment, storage, and distribution.

Developing w/ WQ Expert Dr. Issam Najm. Commence by mid-October. • Inspecting Pipe Interiors: Deploying CCTV cameras in the coming weeks to inspect 2,900 feet of priority distribution pipes, directly mapping physical pipe conditions and sediment buildup. This information will serve as a baseline and will be used to extrapolate conditions elsewhere in our distribution system. May incorporate into Systemwide Flushing; Issued PO for “select” CCTV of Bell Canyon Transmission Main inspection; expect mobilization NEXT WEEK, 9/29-10/2.
• Accessing Transmission Mains: Coordinating with specialized vendors to engineer access points for CCTV inspection inside the main Bell Canyon transmission pipeline. Staff to develop bid docs for additional hot tap/access port locations; issue by end of October.
• Testing Structural Integrity: Assessing leak detection and structural integrity technologies for evaluation of major transmission mains (Bell Canyon and Napa Intertie) to prioritize pipeline replacements. Negotiating contract w/ vendors (Echologics/Mueller & Kenwave) to perform condition assessment (e.g. pipe wall integrity and leak locations).

Water System Update
3 • Cleaning and Flushing Systems: Designing the next complete (~45 pipe miles) active system-flushing phase, establishing strict pre- and post-cleaning metrics to verify long-term effectiveness. Expect authorization of distribution system flushing at 10/13 Council meeting.
• Upgrading Storage Tanks: Executing an interior rehabilitation of Tank 2 during the upcoming off-peak season and completing a debris inspection of Tank 1A this Fall. Seeking vendor to perform dive/drone inspection of debris disposition in T1A by end of Oct.
• Modernizing Operations: Upgrading SCADA control systems, updating asset management protocols, and finalizing long-term pipe replacement schedules. Expect award of systemwide 100% SCADA upgrades design at 10/13 Council meeting; commence GIS data collection in-field operations mid-October. • Expert Services Support: Engage additional expert(s) to review mitigation strategy. Staff to assemble “Strategy Package” to provide industry expert firms for proposal solicitation for issuance by midOctober. • Website Dashboard: Develop dashboard for public engagement on “Plan” status. Staff to deploy portal in advance of 10/13 Council meeting.

Questions

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works Department
DATE: September 22, 2026
FROM: Mario Traverso, Project Manager
SUBJECT: Consideration and Approval of a Resolution Awarding the S26-05 Sewer Rehabilitation Project to The Trenchless Company

RECOMMENDED
ACTION:

Approve the Resolution

PREVIOUS COUNCIL
ACTION:
11/18/2025 - Resolution 2025-134 Approving a Settlement Agreement with the State Water Resources Control Board and creating/funding CIP Project No. S26-05.

STATEMENT OF THE
PURPOSE:

The purpose of this action is to approve the construction contract with The Trenchless Company to execute CIP S26-05.

FINANCIAL IMPACT: The project and budget was approved by Resolution 2025-134.

The adopted budget for Construction ($165,625) and
Construction Contingency ($16,000) is $181,625. This contract will be utilizing $147,555 for the construction contract and $14,755 for contingency for a total financial impact of $162,310. Since the Settlement Agreement noted below obligates the City to expend a total of $189,125 for Construction, Contigency and Construction Management (i.e. staff time), staff will seek additional scope opportunities to enhance this project.

CEQA DETERMINATION: Categorical Exemption
BACKGROUND:

In November 2025, the City negotiated a "Settlement Agreement" with the California Regional Water Quality Control Board to address accumulated fines related to treated water discharge at the City's wastewater treatment plant. The Settlement Agreement resulted in reduced penalty fines which are to be offset by a City-initiated "Supplemental Environmental Project." It was agreed that the Supplemental Environmental Project would focus on rehabilitation of aged sewer pipelines within 300 feet of Sulphur Creek.

DISCUSSION:

Following the finalization of the Settlement Agreement, City staff assembled an applicable

project scope and developed plans and specifications. The project includes performing sewer pipeline lining around the intersection of Spring Street and North Crane Avenue. In this area, the sewer infrastructure travels along and crosses Sulphur Creek. The project will include lining of approximately 800 feet of sewer mainline. Pipe lining is an effective and low-cost method to rehabilitate sewer pipe in place, and has been performed in multiple parts of the City. The City solicited bids to perform the work with the expectation that the project would be below the $200,000 threshold to comply with informal bidding procedures. The Trenchless Company from Sacramento provided the lowest bid at $147,554.41. If approved, the project is expected to be delivered in the Fall of 2026 and the impacts due to construction will be minimal. The project is exempt from CEQA under Class 1 Existing Facilities.

ENVIRONMENTAL REVIEW:

None
GOAL:

Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 8: Implement Capital Improvement Plans (CIP) Projects Miscellaneous/Other ATTACHMENTS:

1. Attachment 1 - Resolution

2. Attachment 2 - CIP Page

3. Attachment 3 - Contract

4. Attachment 4 - Proposal

CITY OF ST. HELENA
RESOLUTION NO. 2026-__

RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR
S26-05 2

ND TIER HIGH PRIORITY PIPELINE REPLACEMENT

PROJECT TO THE TRENCHLESS COMPANY IN THE AMOUNT OF
$147,555, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
APPROVE CHANGE ORDERS NOT TO EXCEED 10% OF THE
TOTAL CONTRACT AMOUNT; AUTHORIZING RELATED ACTIONS.

RECITALS
A. On November 18, 2025 the City Council adopted Resolution 2025-134, approving the S26-05 Project budget; and
B. Staff received two proposals for the project; and
C. The proposal submitted by The Trenchless Company is the low bid, and satisfies the City’s solicitation; and
D. The Trenchless Company possess the necessary licenses and certifications required to perform the work and their proposal has been determined to be responsive and complete; and
E. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1 exemptions.

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

1. Awards the construction contract for the S26-05 Project to The Trenchless Company in an amount not-to-exceed $147,555; and

2. Authorizes the City Manager to execute the construction contract with The Trenchless Company; and

3. Authorizes the Director of Public Works to approve construction change orders not to exceed $14,755; and

4. Funding is as follows:

Description Fund GL
Account
Amount
S26-05
Construction Contract 421-Go Bonds 773-50-59-31-60 $147,555 S26-05
Contingency 421-Go Bonds 773-50-59-31-70 $14,755
Approved at a Regular Meeting of the St. Helena City Council on September 22, 2026, by the following vote:

Mayor Dohring:

Vice Mayor Deasy:

Council Member Barak:

Council Member Spadarotto:

Council Member Diaz:

APPROVED: ATTEST:
_______________________ _______________________
Paul Jamison Dohring, Mayor Andrew Bradley, City Clerk

2nd Tier High Priority Pipeline Replacement
Category
Project Citywide
Wastewater
Project No: S26-05
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 7,500 7,500
3150 - Construction Management 7,500 7,500
3160 - Construction Contract 165,625 165,625
3170 - Contingency 16,000 16,000
EXPENDITURE TOTALS 7,500 189,125 196,625
FUNDING SOURCES
421-Go Bonds 7,500 189,125 196,625
FUNDING TOTALS 7,500 189,125 196,625
EXPENDITURE ACCOUNTS:   773-5059-
STATUS:   Design
PRIORITY:   Medium
PROJECT PURPOSE & DESCRIPTION:

The Project will replace/rehabilitate sanitary sewer pipeline, made from vitrified clay pipe, within 300 feet of Sulphur Creek.  The scope of the improvements are NOT included in CIP No. S24-02 High Priority Pipeline replacement since the pipes have been rated with defects between 1-3.

PROJECT NOTES:
•FY26 - project authorized by Council on 11/18/25 in conjunction with settlement agreement with Water Board for violations at WWTP; initial project consists of sewer pipeline rehab on Crane Ave (from Spring St, 350' south) and Spring Street (from Crane Ave, 255' north)
93 Agenda Item #12.1.

S26-05 2nd Tier High-Priority Pipeline Replacement Project 1 CITY OF ST. HELENA

CONSTRUCTION CONTRACT
S26-05 2

ND TIER HIGH PRIORITY PIPELINE REPLACEMENT PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this ______ day of __________, 2026 by and between the City of St. Helena, a public agency of the State of California (“City”) and The Trenchless Company, a Corporation with its principal place of business at 6201 Elvas Ave, Sacramento, CA, 95819 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing installation of a prefabricated home that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: Class A, CLSB# 775703.

2.3 Project. City desires to engage Contractor to render such services for the S26-05 2 nd Tier High Priority Pipeline Replacement Project (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment Bond (Exhibit “F”)
• Fleet Compliance Certification. (Exhibit “G”)
• Addenda
• Change Orders executed by the City

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services,

S26-05 2nd Tier High-Priority Pipeline Replacement Project 2 and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

S26-05 2nd Tier High-Priority Pipeline Replacement Project 3 Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within 60 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.2 Force Majeure. Neither City nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the nonperforming 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 Contract. Contractor’s exclusive remedy in the event of delay covered under this section shall be a non-compensable extension of the Contract Time.

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Five Hundred ($500) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required 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, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

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3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of $147,554,41 (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which

S26-05 2nd Tier High-Priority Pipeline Replacement Project 5 Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s

S26-05 2nd Tier High-Priority Pipeline Replacement Project 6 principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

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.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. 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

S26-05 2nd Tier High-Priority Pipeline Replacement Project 7 project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor 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 Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

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3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Contract.

Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor 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, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance

S26-05 2nd Tier High-Priority Pipeline Replacement Project 9 with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality.

Contractor shall fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions

S26-05 2nd Tier High-Priority Pipeline Replacement Project 10 limits and permitting requirements imposed by the Bay Area Air Quality Management District (Air District) and/or California Air Resources Board (CARB). Although the Air District and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by Air District and CARB to include any item of equipment with a fuel-powered engine.

Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and any subcontractors’ fleet including, without limitation, all Certificates of Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

Contractor shall indemnify District against any fines or penalties imposed by Air District, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or

S26-05 2nd Tier High-Priority Pipeline Replacement Project 11 otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and

S26-05 2nd Tier High-Priority Pipeline Replacement Project 12 what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

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3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

S26-05 2nd Tier High-Priority Pipeline Replacement Project 14

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses.

Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the

S26-05 2nd Tier High-Priority Pipeline Replacement Project 15 subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.

Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.13.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage.

Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive

S26-05 2nd Tier High-Priority Pipeline Replacement Project 16 or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages

S26-05 2nd Tier High-Priority Pipeline Replacement Project 17 for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so

S26-05 2nd Tier High-Priority Pipeline Replacement Project 18 corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor 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.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor 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 subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the Public Works Director or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on

S26-05 2nd Tier High-Priority Pipeline Replacement Project 19 behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Work including, without limitation, any overhead and profit on the portion of the Work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of Work.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

The Trenchless Company
6201 Elvas Ave
Sacramento CA 95819

S26-05 2nd Tier High-Priority Pipeline Replacement Project 20 Phone (916) 455 - 4433
Attn: Vicente Salas
CITY:

City of St. Helena
1088 College Ave
St. Helena CA 94574
Attn: Joe Leach P.E. Director of Public Works
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws and Venue. This Contract 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 Contract, the action shall be brought in the Superior Court of California for the County of Napa.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working

S26-05 2nd Tier High-Priority Pipeline Replacement Project 21 solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON NEXT PAGE]

S26-05 2nd Tier High-Priority Pipeline Replacement Project 22

SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF ST. HELENA

AND THE TRENCHLESS COMPANY
IN WITNESS WHEREOF, the Parties have entered into this Contract as of the _______ day of __________, 2026.

City of St. Helena THE TRENCHLESS COMPANY
6201 ELVAS AVENUE
SACRAMENTO CA 95819

By: By:

Jim McCann
City Manager Its:

Printed Name:

S26-05 2nd Tier High-Priority Pipeline Replacement Project 23 EXHIBIT “A”

SERVICES / SCHEDULE
[INSERT SCOPE OF SERVICES]

- 24 -
EXHIBIT “B”

PLANS AND SPECIFICATIONS
[INSERT ALL PLANS AND SPECS]

- 25 -
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of Payment Bond on the form supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

ARTICLE 2. Reverse Liquidated Damages Due to Unreasonable City Delay.

In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the Work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties and such delay is not the result of Additional Work. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of $400 per Day of delay in excess of the time specified for the completion of the Work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection.

- 26 -
EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
[Contractor Name]
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)

- 27 -
EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

- 28 -
EXHIBIT “F”

PAYMENT BOND

- 29 -

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of St. Helena (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to [Contractor Name] hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by

- 30 -
any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

- 31 -
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER
Individual

DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

- 32 -

- 33 -
Exhibit G
Fleet Compliance Certification.

Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).

The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:_________________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________

6201 Elvas Ave
Sacramento, CA 95819
Office : 916.455.4433
Fax: 916.454.4859
www.dontdig.com
CA Lic. # 775703
Estimate 225050992
Job 471837
Estimate Date 7/30/2026
Technician Vince Salas
Customer PO
Billing Address
Mario Traverso
1088 College Avenue
St. Helena, CA 94574 USA
Job Address
Mario Traverso
1088 College Avenue
St. Helena, CA 94574 USA
Estimate Details
OPTION 2 - TRENCHLESS PIPE LINING (578 LF OF 8 INCH) AND (250 OF 6 INCH) (Option D):

Pipe lining is a process of creating a new seamless plastic pipe within the old pipe without digging. The process can be applied to completely replace the line or for spot repairs of problem sections - all without the expense and damage of conventional trenching methods. Because the new pipe is seamless high grade epoxy, weak joints are eliminated leading to a permanent solution.

BENEFITS OF PIPE LINING:
- Prevents Root Intrusion and Stops Leaks
- No Digging or Destruction
- Offers Strength of New Pipes
- Cost Effective Alternative
ADDITIONAL TECHNICIAN NOTES:

PROJECT DESCRIPTION:
*** After onsite visit and walkthrough with City of St. Helena representative Mario Traverso, The Trenchless Co. (TTC) recommends the following work to be performed to install a total of 828 LF of 6 and 8 inch CIPP liner for sewer mains on Spring Street and Crane Ave.
- TTC will mobilize CIPP liner crew to site address.
- TTC will set up traffic control as discussed in site visit. - TTC will use hydro jetter to clean section of pipe being lined prior to performing pre installation CCTV. - TTC to perform pre CCTV as needed to ensure that pipe is thoroughly cleaned and prepared for CIPP installation. - TTC to build and install approx. 250 LF of 6 inch CIPP liner from 6 inch flusher cleanout located on Spring Street, to the manhole located at the intersection of Spring and Crane. - TTC to use bluelight technology to cure CIPP liner. Must allow approx. 2 -3 hours for liner to fully cure. - Once liner has cured, TTC will run post installation CCTV as needed for documentation purposes. - TTC will use internal reinstatement cutter to open (3) identified laterals along this stretch. - TTC will then set up bypass pump at the manhole located at the intersection of Spring and Allyn, and will pump contents to downstream manhole located at the intersection of Spring and Crane. - TTC will use hydro jetter to clean section of pipe being lined prior to performing pre installation CCTV. - TTC to perform pre CCTV as needed to ensure that pipe is thoroughly cleaned and prepared for CIPP installation. - TTC to build and install approx. 165 LF of 8 inch CIPP liner from manhole located at the intersection of Spring and Allyn, to the manhole located at the intersection of Spring and Crane. - TTC to use bluelight technology to cure CIPP liner. Must allow approx. 2 -3 hours for liner to fully cure. - Once liner has cured, TTC will run post installation CCTV as needed for documentation purposes. - TTC to then set up additional traffic control on Crane Ave and will begin work on this section. - TTC will set up bypass pump at the manhole located at the intersection of Spring and Crane, and will pump contents to the next downstream manhole located on Crane.
- - TTC will use hydro jetter to clean this section of pipe being lined prior to performing pre installation CCTV. - TTC to perform pre CCTV as needed to ensure that pipe is thoroughly cleaned and prepared for CIPP installation.

- TTC to build and install approx. 113 LF of 8 inch CIPP liner from 8 inch manhole located at the intersection of Spring and Crane, to the downstream manhole located on Crane.
- TTC to use bluelight technology to cure CIPP liner. Must allow approx. 2 -3 hours for liner to fully cure. - Once liner has cured, TTC will run post installation CCTV as needed for documentation purposes. - TTC will repeat the bypass process on the next downstream manhole and will install an additional 300 LF of 8 inch CIPP liner to the next downstream manhole.
- TTC to use bluelight technology to cure CIPP liner. Must allow approx. 2 -3 hours for liner to fully cure. - Once liner has cured, TTC will run post installation CCTV as needed for documentation purposes. - TTC will use internal reinstatement cutter to open (1) identified lateral along this stretch. - TTC will perform final CCTV of all lined pipe upon completion.

NOTE: This project includes up to (4) identified reinstatements. If additional reinstatements are identified and needed, an additional cost of $1100 will apply (per lateral).
- Contact USA prior to excavation
- All necessary excavation
- CIPP liner & materials:
- Method: Inversion
- Pipe Size: 6 and 8 inch
Linear Feet: 828
1 Year warranty on CIPP liner.
(Note: Price does not include cost to correct undetectable tie-ins, bellies, or other underground issues discovered during the course of the project. If your local jurisdiction requires permit fees, The Trenchless Co will bill you for those fees without markup. )
Service # Description Quantity Your Price Your Total
P.10.20: 3.

Prevailing Wage
(C.10.20)

3. Prevailing Wage (C.10.20) 1.00 $147,554.41 $147,554.41 Sub-Total $147,554.41
Tax $0.00
Total $147,554.41
Please remit payment to:
6201 Elvas Ave.

Sacramento, CA 95819
YOU WOULDN'T GO TO YOUR GENERAL DOCTOR FOR OPEN HEART SURGERY ... SO WHY WOULD YOU GO TO A PLUMBING/HEATING&AIR OR ROOTER COMPANY FOR A TRENCHLESS REPAIR? The impact of the technological age on the plumbing industry has provided increase options and more cost effective solutions with trenchless repairs or replacements. As a 3rd generation plumber, our company owner Max Greenberg discovered trenchless technology shortly after it’s invention in 1998.

Since opening The Trenchless Co in 2000, Max has brought together what are now the most experienced trenchless experts in Northern California. Our dedicated trenchless installation crews perform thousands of repairs every year for residential, commercial, industrial, and municipal clients. Because trenchless repair is our specialty, we provide a range of trenchless options that other companies can’t offer.

Expert Advice
We are specialists in trenchless technology. Unlike minor repairs, it’s important to invest wisely with a company that isn’t learning the art and science of underground pipe repair on your dime.

Multiple Trenchless Options
Since this is our specialty, we bring together multiple technologies to find the right solution that meets your needs and budget. 100% Customer Satisfaction
Customer service isn’t a department in our company or just a marketing slogan, it is the standard we measure ourselves upon every day - and our customer reviews reflect that fact.

Financing Options
Multiple financing options, including no interest for 18 months! Ask your technician about for complete details, so you can get back to the things that matter most without the financial headaches.

No Clog & No Leak Guarantee™
We stand by our work and back all of our repairs with a No Clog Guarantee™ or No Leak Guarantee™. Rest easy knowing that, if you should ever have any issue in the future, it’s our problem and not yours.

WORK AUTHORIZATION: I, the undersigned, am owner/authorized representative of the premises at which the work above is being done. I hereby authorize you to perform the above recommendation, and to use such labor and materials as you deem as advisable. For residential customers, a deposit of 10% or $1000 dollars - whichever is less - required to start work. Deposit not refundable after 3-day right to cancel period. Unless prior-authorization for billing, payment for all work is due upon completion (C.O.D.) as $10.00 BILLING CHARGE is due thereafter. An office billing charge and/or finance charge of 1. 75% per month (21% per annum) will be added after 10 days past due. I agree to pay reasonable attorney's fees, court cost and collection fees in the event of legal action. I have read this contract, including the terms and conditions found at https://www.dontdig.com/terms-conditions/ and agree to be bound by all the terms contained therein, all old parts will be removed from premises and discarded, unless otherwise specified. Prices quoted do not include any permit fees if needed, the cost of which will be passed along to the customer with no additional charge.

CUSTOMER SIGNATURE & DATE BELOW THIS LINE:

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works Department
DATE: September 22, 2026
FROM: Eric Janzen, Asst. PW Director
SUBJECT: WWTP Improvement Project Acceptance and authorization to file Notice of Completion.

RECOMMENDED
ACTION:

Approve the Resolution Accepting the Work and Directing the Filing of the Notice of Completion for the Wastewater Treatment and Reclamation Plant Improvement Project (CIP S-52).

PREVIOUS COUNCIL
ACTION:

On December 14, 2021, City Council approved Resolution 2021- 162 which awarded the Project, in the amount of $14,888,590, to Thompson Builders.

STATEMENT OF THE
PURPOSE:

Accept the Work and Direct the Filing of the Notice of Completion for the Wastewater Treatment and Reclamation Plant
Improvement Project (CIP S-52).

FINANCIAL IMPACT: Approval will authorize release of retained payment funds and retention by the City except $200,000 as negotiated compensation for project delays.

CEQA DETERMINATION: Not a project
BACKGROUND:

On February 23, 2021, City Council approved the plans and authorized an advertisement for bids for the Wastewater Treatment and Reclamation Plant Improvement Project (CIP S-52).

On September 16, 2021, a notice inviting bids was posted for the Wastewater Treatment and Reclamation Plant Improvement Project (CIP S-52). On November 4, 2021, the City Clerk received five (5) sealed bids which were read aloud publicly in accordance with applicable law.

On December 14, 2021, City Council approved Resolution 2021-162 which awarded the Project, in the amount of $14,888,590, to Thompson Builders and authorized a final construction contract budget of $16,377,449.

DISCUSSION:

Thompson Builders has completed construction of the Wastewater Treatment and Reclamation Plant Improvement Project (CIP S-52). City Staff and HydroScience (Engineer of Record) inspected the Project on June 3, 2026. Staff find that Thompson Builders has

completed the work required of the contract documents for the Project. The City Attorney and Thompson Builders have reached a negotiated settlement with Thompson Builders resulting in a savings, to the City, of $200,000 as compensation for project delays.

ENVIRONMENTAL REVIEW:

Council approved the CEQA Mitigated Negative Declaration (MND) for the Project on February 23, 2021. The action before Council is not a project under CEQA.

GOAL:

Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 8: Implement Capital Improvement Plans (CIP) Projects Miscellaneous/Other ATTACHMENTS:

1. RESOLUTION - Accepting work and Filing Notice of Completion v1

CITY OF ST. HELENA
RESOLUTION NO. 2026-0xx

RESOLUTION ACCEPTING THE WORK AND DIRECTING THE

FILING OF THE NOTICE OF COMPLETION FOR THE

WASTEWATER TREATMENT AND RECLAMATION PLANT
IMPROVEMENT PROJECT (CIP S-52)

RECITALS
A. Pursuant to St. Helena Municipal Code Section 3.04.220 a notice inviting bids was posted on September 16, 2021 for the Wastewater Treatment and Reclamation Plant Improvement Project (CIP S-52); and
B. On Thursday, November 4, 2021, the City Clerk received five (5) sealed bids which were read aloud publicly in accordance with applicable law; and C. The lowest responsive and responsible bidder for the Project was Thompson Builders of Novato, California, who submitted the lowest bid of $14,888,590.00; and
D. On December 14, 2021, City Council approved Resolution 2021-162 which awarded the Project, in the amount of $14,888,590.00, to Thompson Builders, authorized the City Manager to execute a construction contract in the amount of $14,888,590.00, and authorized the Director of Public Works to approve change orders not-to-exceed 10% of the contract amount, and a final construction contract budget of $16,377,449; and
E. On June 3, 2026, the project was inspected by City Staff and HydroScience (Engineer of Record). Staff find that Thompson Builders has completed the work required of the contract documents for the Project; and F. On August 19, 2026 the City Attorney and Thompson Builders reached a negotiated settlement with Thompson Builders related to project delays resulting in a savings to the City of $200,000; and
G. If no liens or claims have been filled within 35 days of filing the Notice of Completion, undisputed retained payment funds will be released to Thompson Builders.

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

1. The contract entitled the Wastewater Treatment and Reclamation Plant Improvement Project (CIP S-52) is accepted as complete; and

2. The Public Works Director/City Engineer is authorized to prepare a Notice of Completion, the City Clerk is directed to file a Notice of Completion with the Napa County Recorder, and, if no liens or claims have been filled within 35 days of filing the Notice of Completion, the Public Works Director shall release undisputed retained payment funds.

Approved at a Regular Meeting of the St. Helena City Council on September 22, 2026, by the following vote:

Mayor Paul Dohring:

Vice Mayor Deasy:

Council Member Barak:

Council Member Spadarotto:

Council Member Diaz:

APPROVED:
_________________________
Paul Jamison Dohring, Mayor
ATTEST:

Andrew Bradley, City Clerk

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works Department
DATE: September 22, 2026
FROM: Mario Traverso, Project Manager
SUBJECT: Adoption of a Resolution authorizing Amendment #1 to Professional Services Agreement 2025-028 with Sherwood
Engineers for the Highway 29 and Mills Lane Improvements Project for a Time and Materials, Not to Exceed amount of $69,600 to be funded from Transportation Mitigation Impact Fees, and authorizing associated transfers and budget amendments.

RECOMMENDED
ACTION:

Approve the Resolution

PREVIOUS COUNCIL
ACTION:

Resolution 2025-140, November 25, 2025, Approving PSA with Sherwood Design Engineers for Mills Lane Realignment Project for $91,000.

Ordinance 2022-8, October 25, 2022, Approving the first amendment to the development agreement between the City and LMR Destinations LLC related to the Farmstead Lodging Project located at 1000 Mills Lane.

STATEMENT OF THE
PURPOSE:

The purpose of this action is to consider and approve a Resolution authorizing Amendment #1 to the Professional Services
Agreement with Sherwood Engineers for the Highway 29 and Mills Lane Storm Drain Improvements for a Time and Materials, Not to Exceed amount of $69,600 to be funded from Traffic Mitigation Impact Fees.

FINANCIAL IMPACT: $69,600
CEQA DETERMINATION: Statutory Exemption
BACKGROUND:

In the last five years, the City has engaged in discussions with various developers regarding needed improvements in the area of the Mills Lane and Highway 29 intersection to accommodate and incorporate various development proposals in the area. This first began with efforts to expand use and to develop a hotel at the Farmstead property located on the north side of Mills Lane. The development required two elements: first, a realignment/rehabilitation of the Mills Lane and Highway 29 intersection, and second, a storm

water management and drainage solution for the area. The City engaged in negotiations with the developer regarding the improvements and developed an agreement to address the needs in conjunction with the developer's project. In the years following, the Farmstead project's progress has slowed, while the project led by Burbank Housing, located on the vacant lot at Fountain Court (i.e. across from the High School) has progressed, gaining approval from the Planning Commission for entitlements. Staff understands that Burbank Housing is now finalizing funding for the housing project.

The City realized that it was paramount to proceed with the Mills Lane intersection improvements to accommodate and integrate into the housing project, as well as pursue a comprehensive stormwater management and drainage strategy which will be made available and integrated with the housing project and eventually, any subsequent development in the area.

DISCUSSION:

Regarding the Mills Lane and Highway 29 intersection improvements, the City re-engaged with Sherwood Engineers, the design firm which had developed the intersection improvement project plans. The existing improvement plans reached 90% completion before the Farmstead project stalled. The City is currently under contract with Sherwood Engineers to complete the intersection improvement plans in coordination with and preparation for the Burbank Housing Project located at Fountain Court, across from the High School. The City is proposing to advance the intersection improvement project concurrent with Burbank Housing's advancement of the housing project. The current Mills Lane project proposes to reconstruct Mills Lane to realign and terminate at the existing Grayson Avenue intersection. The proposed, realigned roadway will effectively bisect a portion of the Burbank Housing property/project, which has been incorporated into the applicant's development plan/strategy.

As the City has progressed with the intersection improvement plans in coordination with the Burbank Housing project, it became clear that the stormwater management and drainage facilities needed to be addressed as well. There are no significant City drainage facilities in the immediate area, with the solutions proposed initially as either the need to install a new large diameter pipe in Mills Lane from Highway 29 to the Napa River, or the installation of an underground stormwater storage facility, both extremely expensive and complicated endeavors. After investigation into the existing stormwater management facilities on Vintage Avenue, the City has proposed a plan to install stormwater infrastructure in La Fata Street to connect Mills Lane with the existing stormwater mainline pipeline in Vintage Avenue. This proposed solution is both technically and financially feasible when compared to earlier proposals. This new stormwater infrastructure will be sufficient to adequately serve the Mills Lane realignment and intersection improvements, as well as the Burbank Housing development and a future Farmstead development. The City requested a proposal from Sherwood Engineers to include the design for the pipeline in addition to the existing design work to complete the intersection improvement plans. The proposal, cost of $69,600, will provide for plans and specifications to install a large diameter stormwater pipe from the intersection of Mills Lane and Highway 29 to the existing stormwater facilities in Vintage Avenue. A portion of the costs associated with the design and construction of the pipeline will be recoverable from the Farmstead developers per the terms of the existing development

agreement. The project will be funded by Traffic Mitigation Impact Fees.

ENVIRONMENTAL REVIEW:

None
GOAL:

Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 8: Implement Capital Improvement Plans (CIP) Projects Miscellaneous/Other ATTACHMENTS:

1. Attachment 1 - Resolution

2. Attachment 2 - Contract

CITY OF ST. HELENA
RESOLUTION NO. 2026-____
RESOLUTION AUTHORIZING AMENDMENT NO.1 TO ST. HELENA
CONTRACT FY2025-026 WITH SHERWOOD DESIGN ENGINEERS
FOR THE R26-06 MILLS LANE REALIGNMENT AND

INTERSECTION IMPROVEMENTS PROJECT, INCREASING THE
CONTRACT AMOUNT BY $69,600 FOR A TOTAL CONTRACT
AMOUNT NOT-TO-EXCEED $160,600 AND INCREASING THE R26-
06 MILLS LANE REALIGNMENT AND INTERSECTION
IMPROVEMENTS PROJECT BUDGET IN THE AMOUNT $69,600
FOR A TOTAL PROJECT BUDGET OF $160,600.

RECITALS
A. On November 25, 2025 the City Council adopted Resolution 2025-140, approving the R26-06 Project and budget; and
B. Authorized the City Manager to execute a professional services agreement with Sherwood Design Engineers for the R26-06 Mills Lane Realignment and Intersection Improvement Project; and
C. In the course of design, the City requested Sherwood Design Engineers include the design of stormwater management infrastructure which is necessary for the project; and
D. Sherwood Design Engineers provided a proposal for the additional cost of $69,600 to complete the work; and
E. Funding for this work is available from Traffic Mitigations Impact Fees (Fund 740); and
F. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1 exemptions.

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

1. Authorizes Amendment #1 to Agreement FY2025-026 in an amount of $69,600 for a total not-to-exceed $160,600; and

2. Authorizes associated transfers and budget amendments as follows:

3. Budget Amendments are as follows:

Description Fund GL Account Amount
Budget Increase
Transfer to Other Funds
740 – Traffic
Mitigation
Impact Fees
740-40-00-29-99 $69,600
Budget Increase
Operating Transfers In
741 – Streets
Capital
Improvement
741-39-98-00-00 $69,600

4. Funding is as follows:

Description Fund GL Account Amount
R26-06 Design
740 – Traffic
Mitigation Impact
Fees
741-5014-3110 $69,600
Approved at a Regular Meeting of the St. Helena City Council on September 22, 2026, by the following vote:

Mayor Dohring:

Vice Mayor Deasy:

Council Member Barak:

Council Member Spadarotto:

Council Member Diaz:

APPROVED: ATTEST:
_______________________ _______________________
Paul Jamison Dohring, Mayor Andrew Bradley, City Clerk

First Amendment to Professional Services Agreement STH Contract: FY 2026-028 Consultant: Sherwood Design Engineers
AMENDMENT #1
TO PROFESSIONAL SERVICES AGREEMENT WITH SHERWOOD DESIGN ENGINEERS; STH CONTRACT NO: FY 2026-028 FOR THE MILLS LANE AND HIGHWAY 29

INTERSECTIONS IMPROVEMENTS PROJECT DESIGN SERVICES FOR AN ADDITIONAL $69,600 FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $160,600.

This First Amendment to Professional Services Agreement STH Contract: FY 2026-0028 dated November 25, 2025 ("Agreement") is made as of this ____ day of _______, 2026 by and between the City of St. Helena, a municipal corporation ("City"), and Sherwood Design Engineers ("Consultant").

RECITALS
A. On November 25, 2025 the City Council adopted Resolution 2025-140, approving the R26-06 Project and budget; and
B. Authorized the City Manager to execute a professional services agreement with Sherwood Design Engineers for the R26-06 Mills Lane Realignment and Intersection Improvement Project; and
C. In the course of design, the City requested Sherwood Design Engineers include the design of stormwater management infrastructure which is necessary for the project; and D. Sherwood Design Engineers provided a proposal for the additional cost of $69,600 to complete the work; and
E. City and Consultant now desire to amend the Agreement with Consultant for the purpose of including the additional scope of work.

AGREEMENT
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:

1. Section 4.A. Compensation and Method of Payment, is amended to read as follows:
“Total compensation shall not exceed $160,600…”
All other terms of the Agreement shall remain in full force and effect.

Entered as of the day and year first above stated.

First Amendment to Professional Services Agreement STH Contract: FY 2026-028 Consultant: Sherwood Design Engineers
CONSULTANT:

Signatures of Authorized Persons:

By: _____________________________

Print Name:_______________________
Title: ____________________________
CITY OF ST. HELENA
a Municipal Corporation
By:_________________________________
Print Name: Jim McCann
Title: Interim City Manager
APPROVED AS TO FORM:
____________________________
Ethan Walsh, City Attorney
ATTEST:
____________________________
City Clerk

Hwy 29 & Mills Lane Improvements
St. Helena, CA
Additional Services
Proposal #1
Permitting Documents
Sherwood Design Engineers
July 27, 2026

1665 2nd STREET, NAPA, CA 94559
+1 (415) 677-7300 | WWW.SHERWOODENGINEERS.COM
260727_Mills & Hwy29 ASP 1.docx SCOPE & FEE PROPOSAL | 2 / 8 Scope and Fee Proposal
July 27, 2026
City of St. Helena
Attn: Mario Traverso
City of St. Helena | Public Works
1088 College Avenue | St. Helena, CA 94574
(707) 204-9084 | [email protected]
RE: Scope and Fee Proposal for Civil Engineering Services Mills Lane & Hwy 29 Improvements
Additional Services Proposal #1

Dear Mario,

In response to your request, Sherwood Design Engineers (“Sherwood” hereinafter) is pleased to submit this proposal to the City of St. Helena (the “Client” hereinafter) for engineering services for storm drain improvements in the City of St. Helena, CA. This proposal describes professional civil engineering services to be performed by Sherwood in collaboration, as appropriate, with the Client’s other design team members and their consultants (the “Design Team” hereinafter).

We will initiate proposed services upon the approval of this proposal.

1.0 PROJECT UNDERSTANDING
This phase of work includes the design of storm drainage improvements to support the Mills Lane realignment project as well as the adjacent housing project proposed by Burbank Housing. The storm drain (SD) is proposed to connect to the existing 36” SD at the Vintage Ave/La Fata St intersection and extend up La Fata St to Mills Lane and west down Mills Lane to Highway 29, as shown on Exhibit A.

Sherwood Design Engineers will work collaboratively with the City and other governing agencies to complete the contracted civil engineering services in accordance with appropriate requirements of the governing agencies. The understood scope of work consists of civil engineering services as described below.

This proposal is valid for 60 days from date submitted to Client. Any proposed project or portion thereof not accepted during this timeframe, will become void and will require a new proposal if requested in the future.

Every project is subject to specific requirements and conditions that cannot be fully anticipated and may require additional documentation and support not covered in the original scope. If additional scope items are identified, outside those listed within this proposal Sherwood will work with the Client to develop an Additional Services agreement for approval prior to advancing the work.

1.1 Limits of Work
The Limits of Work for this project encompasses the area bounded in Exhibit A. Any additional work not included herein may be scoped in a separate contract.

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2.0 PROJECT PHASING AND DELIVERABLES
Sherwood proposes the following design phases relative to the anticipated permit approvals process, planning documents, and construction documents production. Each phase is intended to enhance the design upon successive approvals to help the project realize the intended design upon completion.

The proposed design phases for this project are:

1. Hydrology & Hydraulics Study

2. Topographic Survey & Base Mapping

3. Design Development

4. Construction Plans
It is understood that Sherwood will provide electronic files to the Client for submittal to the appropriate stakeholders and design review committee. Refer to phase(s) below for specific deliverables.

2.1 Hydrology and Hydraulics Study
A. Data Collection & Review
● Compile available data for the existing storm drain system, including:
○ GIS mapping, as-builts, record drawings, and prior studies ○ Pipe sizes, inverts, materials, and connectivity
○ Known capacity constraints or documented flooding issues ● Obtain topographic data (survey and/or LiDAR) for:
○ Existing contributing drainage area to new pipe (i.e., Grayson Avenue and Highway drainage)
○ Proposed development/connection area
● Review applicable design criteria:
○ Local stormwater design standards
○ Required design storms (e.g., minor/major events)
○ Allowable HGL, surcharge, and freeboard criteria
B. Hydrology Development
● Develop Hydrology for contributing area to new pipe.
● Develop hydrologic parameters based on land use, soils, and imperviousness ● Generate design storm runoff hydrographs using TR-55. ● Establish boundary conditions (downstream tailwater, outfall conditions, or receiving system constraints)
C. Proposed Condition Model
● Delineate drainage areas for proposed connection
● Develop hydrologic model for new area including:
○ Land use assumptions and imperviousness
○ Time of concentration and routing assumptions
● Generate runoff hydrographs for required design events ● Develop conceptual alignment(s) for the new connection pipe:
○ Horizontal and vertical layout
○ Proposed pipe sizes and materials
● Incorporate new system into hydraulic model
D. Documentation & Deliverables
● Prepare a technical memorandum summarizing:
○ Available information and assumptions
○ Hydrologic and hydraulic modeling methodology
○ Proposed connection performance
○ Recommended design approach

1665 2nd STREET, NAPA, CA 94559
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260727_Mills & Hwy29 ASP 1.docx SCOPE & FEE PROPOSAL | 4 / 8 ● Provide:
○ Model files (as appropriate)
○ Exhibits showing drainage areas, system layout, and HGL profiles ○ Summary tables of flows, capacities, and key results

2.2 Topographic Survey & Base Mapping
Using a surveyor sub-consultant, Sherwood will prepare a topographic survey of the project area where mapping is missing from Vintage Ave. up to Mills Lane. Topo survey will include all necessary work to produce a topographic map, including features such as, but not limited to, curb lines, striping, sewer cleanouts, valves, manholes (including rim, invert and pipe info), utility markings, poles, driveways, sidewalks, signage and other pertinent info that could apply to project design. Survey will relate to the horizontal and vertical datum of the existing surveys. Prior to start of survey work, Sherwood will submit a tag and order USA markings over the project area within Vintage Ave and La Fata St.

There will be one (1) milestone during this phase of the project. This scope includes the following services and deliverables:

Deliverables include:

1. Signed and stamped Topographic Survey Map

2.3 Design Development
Upon completion of the survey work, Sherwood will initiate Design Development plans for the project.

Sherwood anticipates that the plans delivered in this phase will be used for coordination and City approval of concept.

There will be one (1) milestone during this phase of the project. This phase will include the following services and deliverables:

1. General Initiation/Coordination/Meeting(s)

2. Site Visit(s)

3. Existing Conditions

4. Storm Drain Plan
Deliverables include:

1. Attend one (1) coordination design meeting (local or on-line).

2. Attend one (1) site visit

3. Issue one (1) submittal of the 100% Design Development Plans

2.4 Construction Documents
Upon authorization, Sherwood will prepare construction drawings for the proposed storm drain. The storm drain sheets will be added to the Mills Lane realignment plan set. There will be one (1) milestone during this phase of the project. This scope includes the following services and deliverables:

1. Erosion Control Plan

2. Storm Drain plan & profile
Deliverables include:

1. One (1) Submittal to Client of 100% Civil Engineering Construction Document package

3.0 ASSUMPTIONS
The following items, if applicable, are to be provided by the Client prior to commencement of work:

1. Available site utility information, record documents, existing engineering and utility analysis

2. Land use assumptions for the watershed area

3. Assumption for starting tailwater evaluation at the tie-in location on Vintage Ave

1665 2nd STREET, NAPA, CA 94559
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1. Phase durations will generally correspond to those shown in section 4.0. Extensions to the project schedule and associated engineering efforts will be addressed by contract addendum.

2. Should value engineering or incorporation of addenda and other modifications be required after completion of the 100% CDs/ Bid Documents/Permit Set, Sherwood Design Engineers will complete necessary changes (on a Time and Material (T&M) Basis, with a stipulated cap), agreed upon by the Client, prior to commencing our work.

2. Structural design, including site elements associated with special drainage structures, earthwork retention and sign/lighting footing design, is not included in this scope of work unless specifically identified in Section 2.0.

3. It is assumed that Sherwood and the Design Team will deliver plans and supporting documents consistent with Sherwood Design Engineers standard styles in keeping with accepted standards of care. Changes to presentation formats, including additional plan sheets, use of specific fonts, note and keynotes usage, CAD layers, sheets size, or other styles introduced during the design process and resulting in additional unanticipated efforts will be addressed by contract addendum.

4. If this contract were to be placed on hold for more than thirty (30) days, Sherwood reserves the right to redistribute staff to other projects and would require a two-week remobilization effort and a renegotiation of our terms of service to restart the effort.

5. The client may not copy, republish or use any imagery provided by Sherwood as part of any submissions as this imagery may be subject to copyright infringement. Sherwood relinquishes all responsibility for use of any copy-righted image that is furnished to the client as part of any submission.

4.0 BASIC AND ADDITIONAL FEES FOR SERVICES
Fees below will be billed on a Time & Materials not to exceed basis in accordance with Attachment I.

Fee estimates are based on the schedule below and are subject to revision based on changes to this schedule. Additional services can be provided upon written request and will be billed on a Time and Materials basis or by contract addendum.

A. BASIC SERVICES Schedule Fee Estimate
Estimated
Reimbursable
Expenses

2.0 Project Scope and Fees

2.1 Hydrology & Hydraulic Study 4 weeks $24,600

2.2 Topo Survey & Base Mapping 4 weeks $20,000

2.3 Design Development 2 weeks $10,000

2.4 Construction Documents 6 weeks $15,000
Total Fee Estimate $69,600 $200
*Duration is defined as elapsed time from initiation of phase or scope of work upon our receipt of your written authorization to proceed.

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5.0 EXCLUSIONS
Sherwood shall not be required to provide the following services:

1. Agency Fees

2. Geotechnical Report

3. Legal Descriptions

4. Foundation/ Structural Design

5. Construction Staking Site Cleanup

6. Mitigation of contaminants resulting from
unidentified leaking above ground or
underground storage tanks

7. Soils testing, remediation, removal, or
cathodic protection design

8. Percolation tests

9. MEP Design Service

10. Hazardous Waste Remediation

11. Materials Testing and Inspection reports.

12. O&M plans for Mechanical systems

13. Building Waterproofing – other than items
in scope

14. Utility demand engineering for electrical
service, gas services, telecommunication
service, streetlights and sidewalk lights

15. Connection location for buildings by
others; electric meter and gas meter
layout by MEP consultant

16. Traffic Engineering and Traffic Studies

17. Verification or inspection of construction
activities in the field.

18. Flow/pressure or hydrant flow test

19. Potholing of existing utiltiies

6.0 REIMBURSABLE EXPENSES
Reimbursable costs as defined in the schedule will be billed in accordance with Sherwood Design Engineers' Fee Schedule – see Attachment I. Ordinary expenses of approximately 10 percent of the labor budget should be anticipated.

7.0 INITIATION
For your reference, our current fee schedule is included with this proposal and will be part of this agreement. Should you find the terms of this proposal acceptable, please issue a purchase order and send Ryan Gregory at [email protected].

Sherwood Design Engineers thanks you for this opportunity to submit this proposal and look forward to beginning work with you on this exciting project!
Sincerely,
Ryan Gregory
Ryan Gregory, PE
Associate Principal

1665 2nd STREET, NAPA, CA 94559
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ATTACHMENT I

PROFESSIONAL PERSONNEL SERVICE FEES
JANUARY 1, 2025 – DECEMBER 31, 2025
Personnel Rate
Associate Principal $ 260
Senior Engineer $ 250
Senior Project Manager $ 250
Director of Technology $ 240
Project Manager $ 240
Senior Project Engineer / Strategist $ 240
Project Engineer / Strategist $ 220
Design Engineer III $ 205
Designer III $ 200
CAD Manager $ 195
Design Engineer II / Designer II $ 195
Senior CAD Technician $ 195
Design Engineer I / Designer I $ 185
CAD Technician $ 165
Graphic Designer $ 165
Project Assistant $ 145
Principals’, Managing Principals’ and Design Principals’ time on projects is chargeable at $ 285 to $ 350 per hour.

Charges for outside services, equipment, and facilities not furnished directly by Sherwood Design Engineers will be billed at cost plus 10%. Such charges may include, but shall not be limited to, printing reproduction services; shipping, delivery, and courier charges; sub-consultant fees and expenses; special fees, permits and insurance; transportation on public carriers, and consumable materials. Mileage will be charged at the prevailing IRS rate per mile.

These rates apply to the current period and are subject to increase by SDE each January 1 and July 1 or when foreign exchange rates cause the hourly rates to decrease in relation to the USD by more than 5% from the rate at the date of this Proposal.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Community Services Department - Parks and Recreation Division DATE: September 22, 2026
FROM: Ashley Sylvester, Director of Community Services Department SUBJECT: Consideration and proposed adoption of a resolution authorizing (1) a temporary street closure of Hunt Avenue from November 23, 2026–January 5, 2027, with additional street closures on November 25, 2026; and (2) possession of open alcoholic beverages on public streets on November 25, 2026 for the Holiday Wine Barrel Tree installation and lighting ceremony.

RECOMMENDED
ACTION:

Staff recommends City Council review and adoption of the attached resolution.

PREVIOUS COUNCIL
ACTION:

City Council has approved similar resolutions for the installation of the Holiday Wine Barrel Tree since 2021. The most recent action took place at the August 26, 2025 City Council Meeting, Resolution No. 2025-104.

STATEMENT OF THE
PURPOSE:

City Staff, in partnership with the St. Helena Chamber of Commerce, is seeking City Council's approval to temporarily close a portion of Hunt Avenue and allow the possession of open alcoholic beverages on Hunt Avenue and Railroad Ave for the Holiday Wine Barrel Tree installation and lighting ceremony.

FINANCIAL IMPACT: The City will incur costs associated with installation of traffic safety measures and community event implementation. All staffing and associated installation costs will be funded from approved FY 26- 27 departmental budgets. The cost of the barrel tree materials and professional installation will be covered by the Chamber of Commerce, with the support of local sponsorship.

CEQA DETERMINATION: Not a CEQA Project (CEQA Guidelines §15378) BACKGROUND:

Over the past several years, the St. Helena Chamber of Commerce (Chamber) has worked in partnership with City staff to enhance community holiday festivities for the period of time between the Thanksgiving and the New Year’s Day holidays. In 2021, the Chamber introduced a lighted Holiday Wine Barrel Tree installation on Hunt Ave. The installation consists of 145 professionally installed wine barrels stacked with a custom steel structure, baseplate and

plywood decks, measuring over 30 feet tall. Additionally, the installation will once again include holiday-themed décor throughout Hunt Ave and artistic traffic barrier coverings to enhance the overall aesthetics of the closure. After successful installations the past five years, the Chamber, in partnership with the City, are proposing a similar display for the holiday season in 2026.

DISCUSSION:
(1) Street Closure
In order to accommodate the wine barrel tree installation, safely allow pedestrians to gather in the surrounding area, and provide space for holiday festivities and entertainment, staff is proposing the following closures.
• Hunt Avenue (between Main Street and Railroad Avenue) to vehicle traffic throughout the duration of the wine barrel tree display, from November 23, 2026 -January 5, 2027. • Hunt Ave (between Main Street and Church Street) for the lighting ceremony and festivities, on November 25, 2026 from 9:00am- 10:00pm. • Railroad Ave (between Adams Street and Hunt Avenue) for the lighting ceremony and festivities on November 25, 2026 from 9:00am- 10:00pm.

City staff will assist with installation of safety barriers, public notifications of parking modifications, and installation of temporary parking spaces along the eastern closure of Hunt Avenue near Railroad Avenue. If approved, the road closure would be in place from November 23, 2026 – January 5, 2027 on Hunt Avenue and November 25, 2026 from 9:00am- 10:00pm on Hunt Avenue and Railroad Avenue.

If the proposed road closure is approved by Council, the Chamber of Commerce will obtain a Temporary Use and Encroachment Permit for the installation. The Chamber will notify all businesses in the immediate vicinity of the proposed closure prior to the September 22 City Council meeting.
(2) Open Alcohol Possession
As part of the barrel tree lighting festivities on November 25, staff is requesting the possession of alcohol beverages be allowed within the footprint of the street closure on Hunt Ave and Railroad Ave. If approved, the Chamber would be responsible for securing a permit from the Department of Alcoholic Beverage Control (ABC) and will meet all insurance and security requirements as stipulated by City staff, St. Helena Police Department, and ABC.

ENVIRONMENTAL REVIEW:

Staff will coordinate with the City's Environmental Service technician and ensure event activities and associated amenities are implemented in accordance with all applicable environmental management practices.

GOAL:

Goal 5: Enhance Quality of Life
ATTACHMENTS:

1. Resolution for Barrel Tree 2026

CITY OF ST. HELENA
RESOLUTION NO. 2026 -
RESOLUTION AUTHORIZING (1) A TEMPORARY STREET
CLOSURE OF HUNT AVENUE FROM NOVEMBER 23, 2026–
JANUARY 5, 2027, WITH ADDITIONAL STREET CLOSURES
ON NOVEMBER 25, 2026; AND (2) POSSESSION OF OPEN

ALCOHOLIC BEVERAGES ON PUBLIC STREETS ON
NOVEMBER 25, 2026 FOR THE HOLIDAY WINE BARREL
TREE INSTALLATION AND LIGHTING CEREMONY.

WHEREAS, the St. Helena Chamber of Commerce (Chamber) is working in partnership with the City to support the economic vitality of downtown St.

Helena and create a festive holiday atmosphere for community members and visitors alike; and
WHEREAS, the Chamber successfully installed a lighted Holiday Wine Barrel Tree installation on Hunt Avenue the past five years; and WHEREAS, the Chamber, in partnership with City staff, is proposing the return of the Holiday Wine Barrel Tree installation with accompanying décor and entertainment for the 2026 holiday season; and
WHEREAS, a temporary street closure of Hunt Avenue from Main Street to Railroad Avenue is being requested to support the Holiday Wine Barrel installation and provide a safe environment for the community to gather; and WHEREAS, The St. Helena Municipal Code Section 9.04.010 authorizes the City Council to allow possession of open alcoholic beverages on public streets or any private or public off-street parking lot; and
WHEREAS; City staff, in partnership with the Chamber, are requesting City Council authorize the possession of open alcoholic containers within the confines of the event space for the Holiday Wine Barrel Tree Lighting ceremony on November 22, 2023.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of St. Helena hereby approves the following:

1. The temporary street closure of Hunt Avenue, between Main Street to Railroad Avenue, from November 23, 2026 - January 5, 2027.

2. The temporary street closure of Railroad Avenue, between Adams Street and Hunt Avenue; Hunt Avenue to Church Street from 9:00am10:00pm for the barrel tree lighting festivities on November 25, 2026.

3. Possession of open alcoholic beverages on Hunt Ave during the duration of the barrel tree lighting festivities on November 25, 2026.

Approved at a Regular Meeting of the St. Helena City Council on September 22 2026, by the following vote:

Mayor Dohring: ___
Vice Mayor Deasy: ___
Councilmember Barak: ___
Councilmember Diaz: ___
Councilmember Spadarotto: ___
APPROVED: ATTEST:

Paul Jamison Dohring, Mayor Andrew Bradley, City Clerk

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works Department
DATE: September 22, 2026
FROM: Mario Traverso, Project Manager
SUBJECT: Oak Avenue Surface Improvement Project Award

RECOMMENDED
ACTION:

Approve the Resolution

PREVIOUS COUNCIL
ACTION:
2026-073 – R24-02 Oak Avenue Surface Restoration Project Approval to Solicit Bids

STATEMENT OF THE
PURPOSE:

The purpose of this action is to award the construction contract to the qualified, low bidder for the Oak Avenue Surface Improvement Project.

FINANCIAL IMPACT: The financial impact from this action is $1,761,599 to be funded with Measure U and Gas Tax.

CEQA DETERMINATION: Categorical Exemption, Class 1, Existing Facilities BACKGROUND:

The restoration of Oak Avenue is a longstanding City and community priority. Much of the surface infrastructure in the corridor, including the curb, gutter, sidewalk, curb ramps and roadway dates to the original installation. The existence of significant portions of aged and undersized utilities in the roadway has precluded the City from pursuing significant surface improvements. Over the last 25 years, sections of the utilities have been replaced, with the recent Oak Avenue Utilities Project replacing the remaining utilities which included the sewer mainline, sewer laterals, sewer manholes, water mainline, water services and storm drain pipeline. The plans for the Oak Avenue Surface Restoration Project were completed by Summit Engineering of Santa Rosa in collaboration with City staff. Generally, the project includes the installation of new curb and gutter, new sidewalk, new curb ramps and new pavement.

Some important project components include the following:
• Trees: The project is proposing to remove four trees. The four trees to be removed are located at 1447 Oak Avenue. The property owner is in agreement with the removal.

The project will be replanting in this location, and additional locations where trees have already been removed, including in front of the Elementary School. We will be installing

tree grates in locations where they can be accommodated, for example in front of Roma Gelato. For all other locations, the sidewalk will be formed to accommodate the existing tree footprint, which may result with an expanded tree well. The City will be performing a Tree Hearing concerning the tree removals in the coming month. • Intersection of Tainter and Oak: The most significant design feature in the plan is an extended curb line and sidewalk on the east side of Oak Avenue at the intersection of Tainter Street. This area is already a no-parking zone, and staff needed to facilitate better pedestrian alignment within the intersection. The extended curb and sidewalk allow for better crossing alignment while accounting for the existing trees and utility facilities.
• Sidewalk: The project will replace close to 90% of the sidewalk. In areas where there is an existing planter strip (i.e. on the west side from Adams to Madrona and the east side from Adams to Spring), the project includes expanding the width of the new sidewalk to six feet. This will allow for much better ease of use for pedestrians traveling in both directions and conforms better to the other portions where the sidewalk is wider. • Vine Trail: The forthcoming Napa Valley Vine Trail section from Yountville to St. Helena includes Oak Avenue as the through-town route from Mitchell Drive to Adams Street.

The design for this is still in the preliminary phase. The City anticipates future updates to Oak Avenue in coordination with the Vine Trail design proposals, which may include an alternative roadway striping plan or enhanced traffic-calming measures. Generally, the City does not anticipate the Vine Trail design configuration of Oak Avenue to differ significantly from its current layout as most of the design parameters are fixed (e.g. roadway width and parking availability).

DISCUSSION:

A notice inviting bids was posted to the City of St. Helena's website and distributed to area construction plan rooms and exchanges on August 17, 2026. Bids were received, and opened publicly at City Hall on September 10, 2026.

The bid results are as follows:

Argonaut Constructors $1,633,349
Mission Constructors $1,724,413
Team Ghilotti $1,730,000
Zara Engineering and Construction $1,779,188
Pat Nelson Construction $1,842,276
Ghilotti Construction $1,870,074
Ghilotti Brothers $1,882,609
Engineers Estimate: $2,199,685
As part of the solicitation, the City included a request for costs to perform a full overlay of Adams Street, from Oak Avenue to Main Street as Bid Alternate 1. The City replaced water and sewer in this section of Adams Street, and is close to completing work associated with the Downtown Sidewalk Rehabilitation Project. Argonaut provided a cost proposal for Bid

Alternate 1 of $128,250, which the City finds acceptable and requests to include in the project award.

City Staff reviewed all bids and finds Argonaut Constructors to be the lowest responsible and responsive bidder. Argonaut Constructors holds a valid Class A Contractor's License, No. 171432, with no enforcement actions listed. Their license expires 12/31/2027. Argonaut Constructors has performed numerous construction projects for the City. City Staff has determined that Argonaut Constructors satisfies the bidding requirements for the project and their licensing qualifies them to complete the project.

The project funded by Measure U, the 1/2 cent, Napa County sales tax which is dedicated to funding transportation improvement throughout the County, and Gas Tax revenue. City staff will be self-performing construction management and construction inspection which will result in an overall cost savings of up to $150,000 which would otherwise be expended on consultant services.

The project Approximate Schedule:
• Plan Approval and Bid Solicitation: July 28, 2026
• Project Advertisement: August 17, 2026
• Bids Due: September 10, 2026
• Contract Award: September 22, 2026
• Construction Commencement: September 28, 2026
• Complet Construction: February 1, 2027
This project will occur during the fall and winter and the schedule will be highly dependent on the weather conditions. Depending on the weather, some construction activities may extend into the spring of 2027.

The project is exempt from CEQA according to Class 1 Categorical Exemption.

ENVIRONMENTAL REVIEW:

None
GOAL:

Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 5: Enhance Quality of Life
Goal 8: Implement Capital Improvement Plans (CIP) Projects Miscellaneous/Other ATTACHMENTS:

1. Resolution - R24-02 Award

2. CIP Project Sheet

3. Detailed Bid Tabulation

CITY OF ST. HELENA
RESOLUTION NO. 2026-__

RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR

THE OAK AVENUE SURFACE IMPROVEMENTS PROJECT TO

ARGONAUT CONSTRUCTORS, AUTHORIZING THE PUBLIC

WORKS DIRECTOR TO APROVE CHANGE ORDERS NOT TO
EXCEED 15% OF THE CONTRACT COST; AUTHORIZING RELATED

ACTIONS, AND APPROVING BUDGET AMENDMENTS

RECITALS
A. On July 28, 2026 the City Council adopted Resolution 2026-073, approving the plans and specifications and authorizing the solicitation of bids for the Oak Avenue Surface Improvements Project; and
B. On August 17, 2026, a Notice Inviting Bids for the Oak Avenue Surface Rehabilitation Project was posted and, on September 10, 2026, seven (7) bids were received and publicly opened; and
C. Argonaut Constructors of Santa Rosa submitted the lowest responsive and responsible bid in the amount of $1,633,349; and
D. The City requested bid alternate 1 with the project solicitation, Argonaut Constructors submitted a bid for bid alternate 1 in the amount of $128,250; E. The City intends to award the project base bid and bid alternate 1 for a total project cost and award of $1,761,599 to Argonaut Constructors;
F. A budget modification is necessary to reduce the budget for construction management and increase the funding for contingency; and G. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1 Existing Facilities.

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

1. Awards the construction contract for the Oak Avenue Utility Replacement Project to Argonaut Constructors in an amount not-to-exceed $1,761,599; and

2. Authorizes the City Manager to execute the construction contract with Argonaut Constructors; and

3. Authorizes the Director of Public Works to approve construction change orders not to exceed 15%; and

4. Budget Amendments are as follows:

Description Fund GL Account Amount
Budget Transfer from
R24-02 3150 –
Construction Management
225-229 – Gas
Tax 741-5014-3150 (164,240)
Budget Increase
R24-02 3170 -
Contingency
225-229 – Gas
Tax 741-5014-3170 164,240

5. Funding is as follows:

Description Fund GL Account Amount
R24-02
Construction Contract 240 – Measure U 741-5014-3160 $1,375,000 R24-02
Construction Contract
225-229 – Gas
Tax 741-5014-3160 $386,599
R24-02
Construction Management
225-229 – Gas
Tax 741-5014-3150 $75,000
R24-02
Contingency
225-229 – Gas
Tax 741-5014-3170 $264,240
Approved at a Regular Meeting of the St. Helena City Council on September 22, 2026, by the following vote:

Mayor Dohring:

Vice Mayor Deasy:

Council Member Barak:

Council Member Diaz:

Council Member Spadarotto:

APPROVED: ATTEST:
_______________________ _______________________
Paul Jamison Dohring, Mayor Andrew Bradley, City Clerk

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 Page 129 of 242
Mario Traverso
DESCRIPTION UNIT QUANTITY UNIT COST, $ ITEM TOTAL, $ UNIT COST, $ ITEM TOTAL, $ UNIT COST, $ ITEM TOTAL, $ UNIT COST, $ ITEM TOTAL, $ UNIT COST, $ ITEM TOTAL, $ UNIT COST, $ ITEM TOTAL, $ UNIT COST, $ ITEM TOTAL, $ UNIT COST, $ ITEM TOTAL, $

BASE BID SCHEDULE
1 Mobilization LS 1 $150,000 $150,000 $88,000 $88,000 $82,114.90 $82,114.90 $111,332 $111,332 $50,000.00 $50,000.00 $125,000.00 $125,000.00 $171,000 $171,000 $170,000 $170,0002 Traffic, Ped Traffic Control System, Temporary Business Access, Signs LS 1 $100,000 $100,000 $52,000 $52,000 $70,000.00 $70,000.00 $41,000 $41,000 $70,000.00 $70,000.00 $55,000.00 $55,000.00 $114,000 $114,000 $100,000 $100,000 3 New B16 Water Meter Box & Nicor Lid, Install to Grade EA 11 $250 $2,750 $735 $8,085 $900.00 $9,900.00 $385 $4,235 $1,400.00 $15,400.00 $500.00 $5,500.00 $750 $8,250 $695 $7,645 4 New Double Meter Box, Install to Grade Concrete EA 1 $300 $300 $3,150 $3,150 $7,500.00 $7,500.00 $955 $955 $1,500.00 $1,500.00 $1,000.00 $1,000.00 $1,250 $1,250 $2,105 $2,1055 New Double Meter Box Traffic Rated, Install to Grade in Concrete EA 1 $250 $250 $3,150 $3,150 $7,500.00 $7,500.00 $2,065 $2,065 $1,500.00 $1,500.00 $2,500.00 $2,500.00 $2,500 $2,500 $3,325 $3,3256 New Sanitary Sewer G5 Box, Install to Grade EA 3 $175 $525 $1,335 $4,005 $650.00 $1,950.00 $300 $900 $1,200.00 $3,600.00 $500.00 $1,500.00 $900 $2,700 $970 $2,9107 Install Existing G5 Box to Grade in Concrete EA 24 $100 $2,400 $1,190 $28,560 $500.00 $12,000.00 $300 $7,200 $900.00 $21,600.00 $500.00 $12,000.00 $1,000 $24,000 $620 $14,8808 Adjust Existing B16 Water Meter Box to Grade in Concrete EA 22 $100 $2,200 $619 $13,618 $500.00 $11,000.00 $245 $5,390 $900.00 $19,800.00 $500.00 $11,000.00 $750 $16,500 $645 $14,1909 New Tree Grate Installed in Concrete EA 6 $4,000 $24,000 $3,400 $20,400 $2,800.00 $16,800.00 $2,277 $13,662 $2,600.00 $15,600.00 $10,000.00 $60,000.00 $2,600 $15,600 $2,900 $17,400 10 New Tree - 48" Box City Sprite Zelcova EA 4 $5,000 $20,000 $4,715 $18,860 $4,500.00 $18,000.00 $7,400 $29,600 $3,000.00 $12,000.00 $7,500.00 $30,000.00 $7,400 $29,600 $4,500 $18,00011 New Tree - 48" Box Chinese Pistache EA 4 $5,000 $20,000 $4,715 $18,860 $4,500.00 $18,000.00 $7,400 $29,600 $3,000.00 $12,000.00 $7,500.00 $30,000.00 $7,400 $29,600 $4,500 $18,00012 Remove Tree: 18" Trunk Diameter EA 2 $2,500 $5,000 $1,950 $3,900 $1,900.00 $3,800.00 $2,000 $4,000 $2,500.00 $5,000.00 $3,000.00 $6,000.00 $2,900 $5,800 $1,700 $3,40013 Remove Tree: 30" Trunk Diameter EA 4 $4,500 $18,000 $2,750 $11,000 $3,300.00 $13,200.00 $2,950 $11,800 $3,500.00 $14,000.00 $4,000.00 $16,000.00 $3,500 $14,000 $2,800 $11,20014 Remove Tree: 60" Trunk Diameter EA 1 $5,000 $5,000 $7,900 $7,900 $8,500.00 $8,500.00 $7,950 $7,950 $4,500.00 $4,500.00 $10,000.00 $10,000.00 $6,000 $6,000 $8,500 $8,50015 Stump Grind EA 7 $750 $5,250 $2,300 $16,100 $400.00 $2,800.00 $1,000 $7,000 $2,500.00 $17,500.00 $200.00 $1,400.00 $500 $3,500 $1,200 $8,40016 Concrete Driveway SF 2052 $55 $112,860 $27 $55,404 $28.00 $57,456.00 $36 $73,872 $35.00 $71,820.00 $40.00 $82,080.00 $45 $92,340 $32 $64,638 17 Concrete Sidewalk SF 16000 $50 $800,000 $25 $400,000 $19.00 $304,000.00 $25 $400,000 $22.00 $352,000.00 $25.00 $400,000.00 $25 $400,000 $26 $408,00018 Curb and Gutter LF 3400 $85 $289,000 $98 $333,200 $110.00 $374,000.00 $130 $442,000 $90.00 $306,000.00 $152.00 $516,800.00 $130 $442,000 $130 $442,00019 ADA Curb Ramps EA 10 $15,000 $150,000 $7,400 $74,000 $6,000.00 $60,000.00 $8,265 $82,650 $7,800.00 $78,000.00 $6,000.00 $60,000.00 $6,500 $65,000 $10,000 $100,00020 Oak Avenue 2" Grind SF 67,200 $2 $134,400 $1 $36,288 $0.70 $47,040.00 $0 $24,864 $2.00 $134,400.00 $0.45 $30,240.00 $1 $40,320 $0 $30,24021 Oak Avenue Leveling Course 1" HMA TON 420 $200 $84,000 $210 $88,200 $227.00 $95,340.00 $215 $90,300 $350.00 $147,000.00 $214.00 $89,880.00 $200 $84,000 $226 $94,92022 Oak Avenue 2" HMA TON 840 $200 $168,000 $205 $172,200 $180.00 $151,200.00 $183 $153,720 $280.00 $235,200.00 $168.00 $141,120.00 $155 $130,200 $215 $180,60023 Adjust G5 Box to Grade in AC EA 28 $750 $21,000 $1,600 $44,800 $700.00 $19,600.00 $1,682 $47,096 $1,400.00 $39,200.00 $1,000.00 $28,000.00 $1,500 $42,000 $1,100 $30,80024 Adjust Manhole Cover to Grade in AC EA 15 $1,000 $15,000 $2,950 $44,250 $1,900.00 $28,500.00 $2,800 $42,000 $1,500.00 $22,500.00 $2,000.00 $30,000.00 $2,500 $37,500 $1,280 $19,20025 White Thermoplastic SF 2000 $5 $10,000 $8 $16,000 $9.60 $19,200.00 $11 $22,000 $11.00 $22,000.00 $9.00 $18,000.00 $8 $16,000 $9 $18,00026 Yellow Thermoplastic SF 1,100 $5 $5,500 $8 $8,800 $9.60 $10,560.00 $11 $12,100 $11.00 $12,100.00 $9.00 $9,900.00 $8 $8,800 $9 $9,90027 Centerline Striping Detail 21 LF 1,796 $5 $8,980 $5 $8,980 $3.00 $5,388.00 $4 $7,184 $5.00 $8,980.00 $6.00 $10,776.00 $5 $8,980 $3 $4,49028 New Sign Pole EA 15 $250 $3,750 $500 $7,500 $860.00 $12,900.00 $600 $9,000 $750.00 $11,250.00 $550.00 $8,250.00 $500 $7,500 $660 $9,90029 Cast in Place Truncated Domes 3'X4' EA 2 $1,000 $2,000 $915 $1,830 $2,500.00 $5,000.00 $960 $1,920 $1,500.00 $3,000.00 $700.00 $1,400.00 $2,500 $5,000 $850 $1,70030 New Curb Inlet Top 4'X3' EA 1 $2,500 $2,500 $2,500 $2,500 $5,000.00 $5,000.00 $2,625 $2,625 $4,000.00 $4,000.00 $4,500.00 $4,500.00 $2,250 $2,250 $3,900 $3,90031 Accessible Parallel Parking Marking and Signage LS 1 $10,000 $10,000 $2,000 $2,000 $1,800.00 $1,800.00 $2,500 $2,500 $4,000.00 $4,000.00 $2,500.00 $2,500.00 $2,000 $2,000 $1,600 $1,60032 New Traffic Rated Meter Box 24"X24" EA 1 $750 $750 $3,150 $3,150 $2,800.00 $2,800.00 $535 $535 $1,800.00 $1,800.00 $2,500.00 $2,500.00 $1,750 $1,750 $4,600 $4,60033 Adjust Existing Curb Inlet Top EA 2 $250 $500 $4,530 $9,060 $2,500.00 $5,000.00 $872 $1,744 $1,900.00 $3,800.00 $1,250.00 $2,500.00 $850 $1,700 $3,500 $7,00034 Sidewalk / Curb Drain LF 27 $20 $540 $50 $1,350 $40.00 $1,080.00 $83 $2,241 $420.00 $420.00 $100.00 $2,700.00 $60 $1,620 $65 $1,75535 New G0 Type Curb Inlet, Abandon Existing, Connect to Piping LS 1 $4,000 $4,000 $14,000 $14,000 $6,800.00 $6,800.00 $13,650 $13,650 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,500 $8,500 $6,560 $6,560 36 Remove and Reinstall Bench EA 2 $250 $500 $1,375 $2,750 $600.00 $1,200.00 $1,950 $3,900 $6,000.00 $12,000.00 $500.00 $1,000.00 $1,700 $3,400 $530 $1,06037 Pavement Fabric SY 450 $10 $4,500 $5 $2,115 $10.00 $4,500.00 $15 $6,930 $35.00 $15,750.00 $20.00 $9,000.00 $15 $6,930 $15 $6,93038 Red Curb Painting LF 246 $5 $1,230 $4 $984 $4.00 $984.00 $5 $1,230 $8.00 $1,968.00 $5.00 $1,230.00 $4 $984 $4 $86139 Conform, Restoration and Transitions to Existing Conditions LS 1 $15,000 $15,000 $6,400 $6,400 $222,000.00 $222,000.00 $9,250 $9,250 $20,000.00 $20,000.00 $15,000.00 $15,000.00 $17,000 $17,000 $34,000 $34,000 $2,199,685 $1,633,349 $1,724,413 $1,730,000 $1,779,188 $1,842,276 $1,870,074 $1,882,609 1 Adams Street 2" HMA TON 115 $200 $23,000 $650 $74,750 $430.00 $49,450.00 $692 $79,580 $600.00 $69,000.00 $175.00 $20,125.00 $550 $63,250 320 $36,800 2 Adams Street 2" Grind SF 9000 $2 $18,000 $3 $27,000 $1.90 $17,100.00 $4 $38,250 $15.50 $139,500.00 $0.75 $6,750.00 $2 $18,000 $2 $15,7503 Adams Street Adjust G5 to Grade in AC EA 1 $500 $500 $8,000 $8,000 $700.00 $700.00 $2,750 $2,750 $2,500.00 $2,500.00 $1,000.00 $1,000.00 $2,500 $2,500 $2,100 $2,1004 Adams Street Adjust Manhole to Grade in AC EA 1 $1,500 $1,500 $8,000 $8,000 $2,000.00 $2,000.00 $4,250 $4,250 $2,500.00 $2,500.00 $2,000.00 $2,000.00 $3,500 $3,500 $1,800 $1,8005 Adams Street Loops Reinstall LS 1 $15,000 $15,000 $7,000 $7,000 $7,600.00 $7,600.00 $9,500 $9,500 $10,000.00 $10,000.00 $7,500.00 $7,500.00 $7,000 $7,000 $7,000 $7,0006 Adams Street Striping LS 1 $4,000 $4,000 $3,500 $3,500 $1,500.00 $1,500.00 $2,500 $2,500 $1,900.00 $1,900.00 $4,000.00 $4,000.00 $3,500 $3,500 $1,100 $1,100 $62,000 $128,250 $78,350 $136,830 $225,400 $41,375 $97,750 $64,550 $2,261,685 $1,761,599 $1,802,763 $1,866,830 $2,004,588 $1,883,651 $1,967,824 $1,947,159

BID ALTERNATE TOTAL

PROJECT TOTAL
R24-02 OAK AVENUE SURFACE IMPROVEMENTS PROJECT BID RESULTS Bid Opening: September 10, 2026
Zara Engineering & Contruction
Inc. Engineer's Estimate Argonaut Constructors Mission Constructors, Inc. Team Ghilotti Pat Nelson Construction Inc. Ghilotti Bros., Inc. Ghilotti Construction BID ALTERNATE 1

BASE BID TOTAL

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Community Services Department Community Services Department - Parks and Recreation Division St. Helena Public Library
DATE: September 22, 2026
FROM: Ashley Sylvester, Director of Community Services Department SUBJECT: Waiver of Second Reading and Adoption of Ordinance Amending Sections 2.52.010 to 2.52.070 of Chapter 2.52 of Title 2 of the St.

Helena Municipal Code Regarding the Library Board of Trustees.

RECOMMENDED
ACTION:

The Board of the St. Helena Public Library and City staff recommend that the City Council waive the second reading, and adopt the ordinances by title only the changes to Chapter 2.52 of the City's Municipal Code which govern the Board. By doing so, the Municipal Code would more accurately reflect the current duties and responsibilities of the Library Board, and ensure compliance with Education Code 18900.

PREVIOUS COUNCIL
ACTION:

On September 9, 2026 the City Council conducted a public hearing and introduced and waived the first reading Sections

2.52.010 to 2.52.070 of Chapter 2.52 of Title 2 of the St. Helena Municipal Code Regarding the Library Board of Trustees.

STATEMENT OF THE
PURPOSE:

Update the City's Municipal Code regarding the Library Board of Trustees to stay consistent with practices and procedures of the library; establish clearer, more inclusive language and standards; continued compliancy with Education Code 18900.

FINANCIAL IMPACT: There is no fiscal impact associated with updating Chapter 2.52 of the City's Municipal Code.

CEQA DETERMINATION: Not a CEQA Project (CEQA Guidelines §15378) BACKGROUND:

On September 9, 2026 the City Council conducted a public hearing and introduced and waived the first readings of the proposed Chapter 2.52.10-2.52.70 municipal code changes relating to the Library Board of Trustees, with amendments.

DISCUSSION:

No changes have been made to the ordinance following its introduction on September 9, 2026. Adoption of the Municipal Code would complete the Municipal Code Amendment Process.

ENVIRONMENTAL REVIEW:

Not a CEQA Project (CEQA Guidelines §15378)
GOAL:

Goal 4: Provide Effective Community Information & Opportunities for EngagementGoal 7:

Enhance Organizational Effectiveness
ATTACHMENTS:

1. City Council Library Municpal Code Sections 2.52.010-070

83578.00000\45044989.1
ORDINANCE NO. _____________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. HELENA AMENDING SECTIONS 2.52.010 TO 2.52.070 OF CHAPTER 2.52 OF TITLE 2 OF THE ST. HELENA MUNICIPAL CODE REGARDING THE LIBRARY BOARD OF TRUSTEES.

WHEREAS, the Municipal Libraries Act (Education Code, section 18900 et seq.) requires a library established by any city in the State of California to be managed by a Library Board of Trustees; and
WHEREAS, the Library Board of Trustees of any Municipal Library performs certain oversight functions as set forth in the Municipal Libraries Act; and WHEREAS, the City of St. Helena (“City”) operates a public library for the benefit of its residents which is subject to the Municipal Libraries Act; and WHEREAS, a Code update is necessary to ensure the St. Helena Municipal Code reflects the current responsibilities of the Library Board of Trustees, Library leadership and other City staff, respectively; and
WHEREAS, the Library Board of Trustees recommends renaming the Library to be “St. Helena Public Library,” to better communicate the Library’s mission of serving the community of St. Helena.

NOW, THEREFORE, the City Council of the City of St. Helena does ordain as follows:

Section 1: The Recitals set forth above are true and correct and are incorporated by reference into this Ordinance.

Section 2: Amendments to Chapter 2.52.

Chapter 2.52 of Title 2 of the St. Helena Municipal Code is hereby amended to read as follows:
“Municipal Code 2.52 Title
St. Helena Library Board or St. Helena Library Commission Section 2.52.010. Library established—Composition, and appointment of members—Term of board of library trustees
The free public library heretofore established and now maintained by the city shall be known as the “Dr. George J. Wood and Elsie M. Wood Library,” and shall be managed by city staff and supported by an advisory board named the St. Helena Public Library Board, consisting of five members, to be appointed by the mayor with the consent of the city council. Trustees shall hold office for three years, with the term of

83578.00000\45044989.1
office to expire at the end of the fiscal year. The city council may establish one-year terms for the purpose of staggering term expirations. Trustees shall be residents of the city; provided, that the mayor reserves the authority to appoint nonresidents as trustees on a case-by-case basis, with the consent of the city council. Vacancies shall be filled by appointment of the unexpired term in the same manner as the original appointments are made.

2.52.020. Meetings of board—Quorum—Officers—Records.

The board of library trustees shall meet at least once a month at such time and place as they may fix by resolution. Special meetings may be called at any time by three trustees, by written notice served upon each member at least twenty-four (24) hours before the time specified for the proposed meeting. A majority of the board shall constitute a quorum for the transaction of business. The board shall appoint one of their number chairperson, who shall serve for one year and until their successor is appointed, and in their absence, shall select a chairperson pro tem or vice-chairperson. The board shall cause a proper record of their proceedings to be kept.

2.52.030. Powers of board.

The board of library trustees shall have the power:

A. Subject to approval and confirmation thereof by the city council, to advise library leadership and the city council on all rules, regulations and bylaws necessary for the administration, government and protection of the public library, and all property belonging thereto;
B. To ensure the appropriate use of any trust declared or created for such library, and to receive by gift, devise or bequest and hold in trust or otherwise, property situated in the state or elsewhere, and where not otherwise provided, dispose of the same for the benefit of such library;
C. To advise the city council on the strategic direction and priorities of the library; D. To review and endorse the library’s annual budget and to make recommendations to the city council, which may adopt, reject or modify the recommendation when it makes the final budget decision.

2.52.040. Annual report of board.

The St. Helena Public Library Board shall make an annual report to the city council on or before August 31st, in each year, providing a summary of their proceedings and notable work plan items for the current and upcoming terms.

2.52.060. Free use of library.

The public library shall be forever free to the inhabitants of the City and nonresidents, subject always to such rules, regulations and bylaws as may be established

83578.00000\45044989.1
by the board of library trustees, with the approval and confirmation thereof by the city council.

Section 3: This action is not subject to the requirements of the California Environmental Quality Act (“CEQA”). The approval of this Ordinance is not a “project” within the meaning of 14 CCR Section 15378 (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical changes in the environment. The approval of this Ordinance is exempt from CEQA review because it will not have a significant effect on the environment under Section 15061(b)(3) of the State CEQA Guidelines.

Section 4: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, of the application thereof to any person or place, if for any reason held to be unconstitutional or invalid by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or places.

Section 5: The Mayor shall sign this Ordinance, and the City Clerk shall cause the same to be published in accordance with Government Code section 36933. This Ordinance shall become effective thirty (30) days later.

THE FOREGOING ORDINANCE was introduced at a regular meeting of the St.

Helena City Council on 8th day of September 2026, and was adopted at a regular meeting of the St. Helena City Council on the 22nd day of September 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED ATTEST
________________________________ ________________________________ Paul Jamison Dohring, Mayor Andrew Bradley, City Clerk

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Fire Department
DATE: September 22, 2026
FROM: Alec Vidler, Fire Inspector
SUBJECT: A Resolution of the City Council of the City of St. Helena Identifying the Terms and Conditions for Fire Department Response Away from Their Official Duty Station and Assigned to an Emergency Incident

RECOMMENDED
ACTION:

Approve Resolution No. 2026-XX, to allow for reimbursement of “portal-to-portal” travel time, for Department of Interior incident responses.

PREVIOUS COUNCIL
ACTION:

Resolution No. 2015-95, adopted August 11, 2015, is currently in effect establishing the terms and conditions for fire department response away from their official duty station and assigned to an incident.

STATEMENT OF THE
PURPOSE:

To adopt a new resolution superseding the City’s existing Resolution No. 2015-95 and updating the City’s authorization for personnel compensation and reimbursement under the current California Fire Assistance Agreement (CFAA).

FINANCIAL IMPACT: The City of St. Helena has historically been reimbursed portal-toportal; there is no further fiscal impact should the resolution be approved. Should the resolution not be approved, the City of St.

Helena will not be reimbursed for “portal-to-portal” firefighter pay, and will be responsible for those costs.

CEQA DETERMINATION: Not a CEQA Project (CEQA Guidelines §15378) BACKGROUND:

The California Fire Assistance Agreement (CFAA) is the negotiated reimbursement mechanism for local fire agency responses through the California Fire Service and Rescue Emergency Mutual Aid System. The terms and conditions of reimbursement were amended on January 1, 2015, and now require an agreement to be on file in order for local agencies to be reimbursed for responses to state and federal incidents from the time of dispatch to the time of return, or “portal-to-portal” reimbursement.

DISCUSSION:

On May 1, 2020, the current California Fire Assistance Agreement (CFAA) commenced, superseding the prior CFAA effective January 1, 2015. The Agreement is between the California Governor’s Office of Emergency Services (Cal OES), California Department of Forestry and Fire Protection (CAL FIRE), USDA Forest Service, Pacific Southwest Region, U.S. Department of the Interior Bureau of Land Management, National Park Service, Fish and Wildlife Service, and Bureau of Indian Affairs. The Agreement was subsequently amended through the 2023 First Addendum and has been extended through December 31, 2027. The CFAA establishes the terms and conditions under which local government fire agencies provide personnel and equipment to assist the State of California and federal fire agencies, including provisions governing reimbursement for those resources.

In order for the City of St. Helena to be reimbursed for firefighter travel time to and from state and federal incidents, an agreement must be on file with the California Office of Emergency Services (Cal OES), Fire and Rescue Division, indicating how personnel will be compensated.

The attached resolution, submitted for Council approval, shall serve as such agreement.

ENVIRONMENTAL REVIEW:

N/A
GOAL:

Goal 1: Strengthen Financial Sustainability
ATTACHMENTS:

1. FINAL-CFAA-with-2023-First-Addendum-Revisions (1)

2. Fourth-Addendum-CFAA-Signed-for-3rd-Extension-October-30-2026-to-December-31- 2027

3. Resolution 2026-XX CAL OES - Portal to Portal Compensation and Reimbursement

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
THIS AGREEMENT made and entered into on last date signed by and between the State of California, Governor’s Office of Emergency Services, hereinafter referred to as Cal OES; the State of California, Department of Forestry and Fire Protection, hereinafter referred to as CAL FIRE; the USDA Forest Service (USFS), Pacific Southwest Region; the USDI Bureau of Land Management (BLM), California State Office, Interior Regions 8 and 10; the USDI National Park Service (NPS), Interior Regions 8, 9, 10, and 12; USDI Fish and Wildlife Service (FWS), Pacific Southwest Region, and USDI Bureau of Indian Affairs (BIA), Pacific Region, hereinafter referred to as the Federal Fire Agencies; all parties hereinafter referred to as Cal OES, CAL FIRE, and the Federal Fire Agencies, under the provisions of the Reciprocal Fire Protection Act, 42 USC 1856 and 1856a, the Disaster Relief Act of 1974, PL 93-288, as amended, and The Federal Land Policy and Management Act of 1996, (PL 94-579, Sec, 307(b)).

NAME
This Agreement shall be entitled “Agreement for Local Government Fire and Emergency Assistance to the State of California and Federal Fire Agencies”, hereinafter referred to as the California Fire Assistance Agreement, CFAA, or the Agreement.

RECITALS

1. The Federal Fire Agencies are responsible for providing a level of wildland fire protection for federal lands, as designated by Congressional action and Federal policy; and

2. CAL FIRE is responsible for providing a level of wildland fire protection for State Responsibility Area lands, as designated by the State Board of Forestry and Fire Protection; and

AGREEMENT FOR LOCAL GOVERNMENT FIRE AND EMERGENCY

ASSISTANCE TO THE STATE OF CALIFORNIA AND FEDERAL FIRE AGENCIES Between
STATE OF CALIFORNIA, GOVERNOR’S OFFICE OF EMERGENCY SERVICES; STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION; USDA FOREST SERVICE, PACIFIC SOUTHWEST REGION;

USDI BUREAU OF LAND MANAGEMENT, CALIFORNIA STATE OFFICE, INTERIOR REGIONS 8 and 10;
USDI NATIONAL PARK SERVICE, INTERIOR REGIONS 8, 9, 10, and 12; USDI FISH AND WILDLIFE SERVICE, PACIFIC SOUTHWEST REGION; and USDI BUREAU OF INDIAN AFFAIRS, PACIFIC REGION

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions

3. For efficiency and effectiveness, CAL FIRE and the Federal Fire Agencies may exchange wildland fire protection area responsibilities with the understanding that Local Responsibility Area lands are not part of this Agreement or included in the exchange; and

4. Cal OES is responsible to provide for systematic mobilization, organization, and operation of necessary fire and rescue resources through the California Fire and Rescue Mutual Aid System in mitigating the effects of disasters and to ensure that the responding agencies understand and comply with the terms and conditions of the Agreement applicable to their response; and

5. Cal OES, CAL FIRE, the Federal Fire Agencies, and local agencies, at times of severe wildfire conditions and other emergencies, often have a need for emergency apparatus and/or personnel to provide fire protection or perform other tasks during control actions; and

6. Cal OES, through the California Fire and Rescue Mutual Aid System, has such emergency apparatus and personnel, which may be available in the spirit of cooperation for dispatch and use; and

7. It is desirable that Cal OES, CAL FIRE, and the Federal Fire Agencies establish and enterinto an Agreement for the prudent use of such emergency apparatus and personnel; and

8. Cal OES, CAL FIRE, and the Federal Fire Agencies will generally use the Agreement for engines, water tenders, bulldozers, hand crews, and overhead to address incidents once local agreement resources are exhausted, or where a local agreement is not in place; and

9. Cal OES may use the Agreement to mobilize all-hazard resources when warranted by its authority; and

10. Cal OES and the Federal Fire Agencies will use the Agreement to order the appropriate aviation resources when a mobilization cannot be executed through a local agreement; and

11. The Agreement may be used to reimburse rostered California Interagency Incident Management Team members (CIIMT); and

12. Cal OES, CAL FIRE, and the Federal Fire Agencies shall use this Agreement for reimbursing local government agencies for the use of their resources. Annual operating plans may be utilized at the local level to facilitate administrative and operational issues; and

13. When this Agreement is exercised to obtain Cal OES resources and/or resources through the California Fire and Rescue Mutual Aid System, those resources will be reimbursed pursuantto this Agreement; and

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CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions

14. When ordering local agency apparatus and personnel in Recital 5 of this Agreement from other local agencies through the California Fire and Rescue Mutual Aid System, a local agency may utilize this Agreement as the fiscal authority for reimbursing other local agencies; and

15. Responsibility for determining the basis for requesting assistance through this Agreement rests with the Incident Commander or through the Emergency Command Center. The Incident Commander is responsible for all assignments and tactical decisions for resources obtained through this Agreement.

16. Agreement Committee

16.1 California Fire Assistance Agreement Committee. A California Fire Assistance Agreement Committee (the ‘Committee’) shall be formed by Cal OES for the purpose of negotiating the terms of the CFAA, and for maintenance of the Agreement. For the purposes of coordination, Cal OES Fire and Rescue Division’s State Fire and Rescue Chief, or the Chief's designee, shall serve as the Chairperson.

16.2 Composition of the Committee. The Committee shall consist of representatives from Cal OES, CAL FIRE, the Federal Fire Agencies, and three advisory representatives from local government agencies in California: one from Northern California, one from Southern California, and one representing volunteer fire departments. The local government agency representatives shall be appointed by the Chairperson of the State of California Fire and Rescue Advisory Committee/FIRESCOPE, Board of Directors.

16.3 Committee Meetings. The Committee will meet quarterly via conference call, video conferencing, or in person.

16.4 Rate Letter. The Committee will meet at a minimum once a year (January) to establish the Base Administrative Rate, Personnel Base Rates, and Equipment Rates to become effective upon publication of the “Agreement for Local Government Fire and Emergency Assistance to the State of California and Federal Fire Agencies Rate Letter” (Rate Letter) each year. These rates will be published annually by the Cal OES Fire and Rescue Division in the Rate Letter.

The Committee will review the Salary Rates and Administrative Rates on file with Cal OES Fire and Rescue Division, as well as negotiate procedural changes. The Salary Rates and Administrative Rates are subject to change throughout the year due to labor negotiations, cost of living increases, etc.

After the annual or emergency exhibit review by the Committee, Cal OES will publish rates, formulas, and methodologies in the Rate Letter. Rates will become effective on the date(s) provided in the Rate Letter. In addition, Cal OES will provide a copy of the Rate Letter directly to each signatory agency’s point of contact.

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CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions

16.5 Changes to Equipment Rates. Cal OES will monitor and track the Federal Emergency Management Agency (FEMA) Schedule of Equipment Rates. If a change in schedule occurs after the publication of the most recent Rate Letter, the Committee will conduct a meeting to formally discuss the new rates and determine if they are valid for a revised Rate Letter publication.

Cal OES will forward the revised rates to the signatory agencies for a two-week review. Once the review process is complete, and the rates are approved by the Committee, Cal OES will publish a revised Rate Letter to the California Fire and Rescue Mutual Aid System Agencies.

16.6 Meetings to Renegotiate the Agreement. It is recommended the Committee schedule meetings to begin no later than fifteen (15) months before the expiration date of the CFAA for the purpose of renegotiation, as well as produce the final document for signatures no later than six (6) months before the expiration date of the Agreement.

The Committee will meet as necessary to make adjustments or changes to the Agreement.

THEREFORE, it is agreed as follows:

TERMS AND CONDITIONS
CFAA Exhibits and Amendments to Exhibits

17. The parties agree the Committee will, by no later than March 30th of each year, recommend amendments to the incorporated exhibits. The parties agree to cooperate in good faith to consider and agree to any amendments by April 15th of each year.

A party requesting to amend the exhibit(s) to the CFAA after March 30th will notify Cal OES. The Committee will meet as soon as practicable to discuss the request and make any recommendation to the parties regarding the requested amendment. The Committee will notify the parties of any recommended amendments, and if agreeable to the parties, the parties will amend the exhibit(s) to reflect the changes no later than fifteen (15) days after the Committee’s recommendation.

Subject to the requirements in Recital 18, the parties acknowledge that amendments may be required under emergency circumstances, and that the parties may make any required amendments using any reasonable means of negotiating and agreeing to amendments under emergency circumstances.

The Committee will provide recommended amendments in two formats:

1. A copy of the proposed amended exhibit(s) reflecting additions, and proposed deletions in track changes or similar format so that additions are displayed in underline and deletions are displayed with strikethrough.

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CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
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BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions

2. A copy of the proposed amended exhibit(s) without track changes or similar format, which will represent the final version of the amended exhibit(s) if the parties agree to the changes.

Incorporation of Exhibits and Amended Exhibits

18. All exhibits to the CFAA are incorporated into the CFAA. Amendments to exhibit(s) will be made by addendum to the CFAA. The addendum will be signed by each party and will include a list of exhibit(s) and revision date of the exhibit(s), a statement that the parties agree to adopt the changes reflected in the proposed amended exhibit(s) attached to the addendum, and an effective date. The addendum will also include, as attachments to the addendum, the proposed amended exhibit(s) in track changes or similar format.

Amendments to exhibit(s) will be adopted upon all parties signing the addendum and immediately incorporated into the CFAA. The exhibit(s) to the CFAA will thereafter be updated to reflect any changes effectuated by the approved addendum.

Requests for and Release of Emergency Apparatus and Personnel

19. Under this Agreement, Cal OES, CAL FIRE, the Federal Fire Agencies, and local agencies may request emergency apparatus and personnel from the California Fire and Rescue Mutual Aid System. Resources ordered pursuant to this Agreement will be processed through the California Fire and Rescue Mutual Aid System. Cal OES will fill these orders by following the procedures set forth in the California Fire Service and Rescue Emergency Mutual Aid Plan.

20. Cal OES, CAL FIRE, and the Federal Fire Agencies will use the current resource order form of record for all requests. Cal OES, CAL FIRE, and the Federal Fire Agencies shall not be responsible for any emergency apparatus and personnel not confirmed by their respective order and request number(s). Cal OES, CAL FIRE, and the Federal Fire Agencies are responsible for documenting within the request that the resources are being ordered under this Agreement.

21. Cal OES, CAL FIRE, the Federal Fire Agencies, and local agencies’ release or reassignment of emergency apparatus used pursuant to this Agreement will be coordinated through the on-scene Cal OES Fire and Rescue Chief Officer, the local jurisdiction agency representative, or their authorized representative. The Cal OES Chief Officer, or representative, will ensure the inspection and inventory of such emergency apparatus prior to the release to its home base in accordance with incident-established inspection and demobilization procedures.

Protective Clothing and Equipment

22. It shall be the responsibility of the jurisdiction sending emergency personnel to ensure that such personnel are provided protective clothing and equipment as required by the most current version of the rules found in California Code of Regulations, Title 8, Section 3410, Article 10.1, Section 3401, et seq.

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CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Emergency Apparatus

23. Emergency apparatus shall meet minimum FIRESCOPE ICS type standards, when applicable.

Communications Capabilities

24. Operational Equipment and Operational Personnel. It shall be the responsibility of the jurisdiction sending resourcesto ensure adequate communications capability. Adequate communications capability is identified and defined in the Statewide FIRESCOPE Frequency Plan.

Reimbursement Procedures

25. Provisions and procedures for reimbursement by Cal OES, CAL FIRE, and the Federal Fire Agencies for fire and emergency assistance are defined in Exhibit “A”, Reimbursement Policy and Procedures. CAL FIRE and the Federal Fire Agencies will provide Cal OES Fire and Rescue Division with current billing addresses. Reimbursement for personnel on Cal OES-owned emergency apparatus shall be to local jurisdictions that provide such personnel by the apparatus assignee agreement with Cal OES.

26. It is the intent of Cal OES, CAL FIRE, and the Federal Fire Agencies to establish, enhance or replace a system that supports emerging technology related to the processing of salary surveys, invoices, and other pertinent documents.

Reimbursement for Emergency Apparatus Loss or Damage

27. Cal OES, CAL FIRE, and the Federal Fire Agencies will reimburse California Fire and Rescue Mutual Aid System Agencies providing resources through the California Fire and Rescue Mutual Aid System for the cost of emergency apparatus or equipment loss or damage where the loss or damage is determined to be directly attributable to the incident, and where the local agency, its employees, and/or operational failures in the emergency apparatus or support equipment are not a contributing factor to such damage or loss. Loss or damage to local agency emergency apparatus or support equipment while traveling from the home unit to the incident or from the incident to the home unit and repairs due to normal wear and tear or due to negligent or unlawful operation by the operator, shall be the responsibility of the local agency providing the emergency apparatus or support equipment.

Loss or damage to local agency emergency apparatus or support equipment occurring on an incident is to be reported to the incident finance section to ensure proper documentation and investigation.

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Limitation of Liability

28. Each party waives claims against every other party pursuant to the requirements of United States Code, title 42, section 1856a, subdivision (a), which provides: “Each agency head charged with the duty of providing fire protection for any property of the United States is authorized to enter into a reciprocal agreement, with any fire organization maintaining fire protection facilities in the vicinity of such property, for mutual aid in furnishing fire protection for such property and for other property for which such organization normally provides fire protection. Each such agreement shall include a waiver by each party of all claims against every other party for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of such agreement. Any such agreement may provide for the reimbursement of any party for all, or any part of the cost incurred by such party in furnishing fire protection for or on behalf of any other party.”
The parties agree the waivers provided in this provision do not apply to any reimbursement provisions pursuant to the terms and conditions of the CFAA, including invoice reimbursement disputes and reimbursement for emergency apparatus loss or damage pursuant to Recital 27 of the CFAA.

Third Party Tort Claims

29. Nothing in this Agreement shall be deemed to create an employee/employer relationship between the parties. All third-party claims against the parties shall be adjudicated pursuant to the applicable tort claims acts and should be referred to the agency or agencies whose employees were involved in the incident. Agency points of contact for third-party claims are as follows:

State of California claims: Victim Compensation and Government Claims Board 630 “K” Street
Sacramento, CA 95814
U.S. Forest Service claims: U.S. Forest Service
Albuquerque Service Center Claims Management
101B Sun Ave. NE
Albuquerque, NM 87109
National Park Service claims: National Park Service
Fire Management Office
333 Bush St., Suite 500
San Francisco, CA 94104

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Bureau of Land Management claims: Bureau of Land Management Fire and Aviation Office
2800 Cottage Way, Room W-1623
Sacramento, CA 95825
Fish and Wildlife Service claims: Fish and Wildlife Service Pacific Southwest Region
2800 Cottage Way, Room W-1834
Sacramento, CA 95825
Bureau of Indian Affairs claims: Bureau of Indian Affairs Branch of Fire and Aviation Management
2800 Cottage Way, Room W-2820
Sacramento, CA 95825
Reimbursement Dispute Resolution

30. Paying entities shall provide written notice of reimbursement denials to the CFAA Chairperson, or their designee, within thirty (30) business days of receipt of the invoice. The CFAA Chairperson, or their designee, shall notify the local agency of the denial within ten (10) business days. All parties shall work with the CFAA Chairperson, or their designee, to attempt to informally resolve reimbursement disputes in good faith. If the dispute cannot be resolved, the local agency shall have thirty (30) business days from the date of the notice of denial to provide a written appeal to the CFAA Chairperson, or their designee. The CFAA chairperson, or their designee, will evaluate the appeal and make a determination regarding whether to present the appeal to the Committee within thirty (30) business days.

The written appeal shall include all facts and documentation supporting the disputing party’s position and dollar amount claimed, the reason for denial by the signatory agency, and the provision(s) of the Agreement the local agency believes supports their position in the dispute. The Committee shall review the appeal and make a recommendation to the paying entity within thirty (30) business days of receiving the appeal. The CFAA Chairperson, or their designee, shall provide written notice of the paying entities determination to all parties.

Other Disputes

31. The parties acknowledge that disputes may arise in the interpretation or application of the provisions of the CFAA.

The parties agree to cooperate in good faith to resolve disputes informally. If a dispute is not resolved informally, a party may submit a written notice of dispute to the CFAA Chairperson, or their designee, and the responding party’s designated contact. The written notice must include:

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions

1. An explanation of the reasons for the dispute, including relevant facts; and

2. Citation to the relevant provision(s) of the Agreement; and

3. Copies of supporting documents, if any; and

4. The desired outcome or remedy sought from the responding party.

The Committee will meet with the parties within thirty (30) business days of the date the responding party receives the dispute from the CFAA Chairperson, or their designee, at which time the responding party will have the opportunity to present counter arguments. The Committee will provide a written response to both parties within thirty (30) business days of the date upon which the meeting is held. The written response will either grant the requested remedy or outcome or deny part or all of the requested outcome.

Performance under this Agreement shall continue during each phase of this dispute resolution process.

Examination and Audit

32. California Fire and Rescue Mutual Aid System Agencies and Cal OES shall be subject to examination and audit for five (5) years after the final payment under the terms of this Agreement.

Examination and audit shall be confined to those matters connected with the performance of this Agreement including, but not limited to, the cost of administration.

All source documentation related to rates and methodologies must be kept for five (5) years after the final payment and will be made available upon request of an examination or audit.

Appropriated Fund Limitation

33. Nothing herein shall be interpreted as obligating any parties herein to expend funds, or as involving the United States or the State of California in any contract or other obligation for the future payment of money in excess of appropriations authorized by law and administratively allocated for the work contemplated in this Agreement.

Officials Not To Benefit

34. No member of, or Delegate to, Congress or Resident Commission shall be admitted to any share or part of this Agreement or to any benefit to arise therefore, unless it is made with a corporation for its general benefit.

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Civil Rights and Nondiscrimination

35. All activities pursuant to this Agreement shall be in compliance with all Federal laws and regulations relating to nondiscrimination. These include, but are not limited to: Executive Order 11246, as amended; Title VI of the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C. §§2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et seq.).

Previous Agreements Cancelled

36. This Agreement supersedes the Agreement entered into on January 1, 2015, and as extended January 1, 2020 through April 30, 2020 (Cal OES# 6051-4, CAL FIRE# 7CA0264, USFS# 15-FI11052012-107, NPS# P14AC01610, BLM# BAA151002, FWS# FFF300008-15-002, BIA# A15ACPRO01 between the State of California, Governor’s Office of Emergency Services; State of California, Department of Forestry and Fire Protection; USDA Forest Service, Pacific Southwest Region; USDI Bureau of Land Management, California State Office; USDI National Park Service, Interior Regions 8, 9, 10, and 12; USDI Fish and Wildlife Service, PacificSouthwest Region; and USDI Bureau of Indian Affairs, Pacific Region.

Amendments

37. The Agreement may only be amended by written mutual consent of the parties hereto.

Effective Date and Termination

38. The parties herein agree to honor the terms and conditions commencing on the date of the last signature and is effective through December 31, 2024. The expiration date is the final date for completion of all work activities under this Agreement. Any party may withdraw from the Agreement upon thirty (30) day written notice to all other parties.

Delegations of Authority

39. Each party may provide Cal OES a delegation of authority, signed by the party, that designates each person authorized to act on the party’s behalf. The designation will include the effective date, name, title, contact information, and scope of delegated authority to act on behalf of the party.

Unless otherwise stated in the delegation of authority, a person designated by a party has the same authority as a principal of a party, including the power to enter into contracts on behalf of the party and to bind the party.

The parties authorize Cal OES to make any necessary updates to the contact information in the CFAA to reflect current delegations of authority, and that such nonmaterial changes to the CFAA are authorized without amendment.

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Multiple Signature Pages

40. The parties agree to accept multiple signature pages.

Electronic Signatures and Counterparts

41. Parties may submit executed documents electronically, and electronically delivered signatures of the parties are deemed to constitute duplicate originals. The CFAA and any amendments may be executed in two or more counterparts, each of which will be an original and all of which will constitute a part of the CFAA.

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
IN WITNESS WHEREOF, the parties hereto have executed this Agreement:

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
REVIEW:

The authority and format of this instrument has been reviewed and approved for signature by the following individuals:

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions

GENERAL
A-1 It is the intent of the signatories to the CFAA to reimburse California Fire and Rescue Mutual Aid System Agencies, including accrued financial liability for the cost of assisting the State of California and the Federal Fire Agencies. The rates, methodologies, and formulas in the Agreement are intended to provide for such costs. The reimbursement shall be consistent with the California Fire and Rescue Mutual Aid System Agency’s normal internal business practices and any existing Memorandum of Understanding (MOU)/Memorandum of Agreement (MOA), Governing Body Resolution (GBR), or equivalent, which supports those business practices.

A-2 The California Fire and Rescue Mutual Aid System Agencies shall use the following procedures to secure reimbursement for the provision of personnel and local government-owned emergency apparatus. Terms established in this section shall be made binding upon California Fire and Rescue Mutual Aid System Agencies by Cal OES and shall not be subject to interpretation or rejection by the jurisdiction providing assistance. See Clause A-39 for procedures for Federal Fire Departments, Department of Defense (DOD) Fire Departments, and Tribal Fire Departments.

A-3 California Fire and Rescue Mutual Aid System Agencies that provide their personnel and equipment to the State of California or the Federal Fire Agencies through the California Fire and Rescue Mutual Aid System and this Agreement, do so on a voluntary basis, and accept the following provisions for reimbursement.

A-4 It is understood and agreed that a California Fire and Rescue Mutual Aid System Agency providing personnel or California Fire and Rescue Mutual Aid System Agency-owned emergency apparatus shall obtain reimbursement for such response by billing the ordering entity (either the State of California or Federal Fire Agency) through the Cal OES invoicing process in accordance with this Exhibit.

A-5 Reimbursement for personnel and emergency apparatus will begin after the 12th hour. There shall be no reimbursement for responses of 12 hours duration or less for personnel and emergency apparatus with the exception of the Department of Interior (DOI) fire agencies (BLM, NPS, FWS, and BIA). DOI reimbursement for personnel and emergency apparatus will begin after the 4th hour. If the duration of the response exceeds 12 hours (4 hours for DOI) and local agencies have an existing MOU/MOA, GBR, or equivalent that indicates compensation for all hours worked, reimbursement for personnel and emergency apparatus shall cover the entire time of commitment, beginning at the time of initial dispatch from home base to the time of return to home base (portal-to-portal). If local agencies do not have an existing MOU/MOA, GBR, or equivalent that EXHIBIT “A”

REIMBURSEMENT POLICY AND PROCEDURES

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
indicates compensation for all hours worked, local agencies will be reimbursed for actual hours worked. Should personnel or emergency apparatus be requested for assignment to a Mobilization Center for standby duty, the reimbursement period shall begin with the time of initial dispatch of said personnel or emergency apparatus from its home base. Additionally, as the 12-hour period (4 hours for DOI) stated above is cumulative, responding personnel and/or emergency apparatus shall only be subject to one 12-hour period (4 hours for DOI) from the original time of dispatch, regardless of the number of re-assignments that may occur prior to returning to their home base.

A-6 In some cases, on a single incident, the State of California and the Federal Fire Agencies may need to convert resources that were ordered under statewide Master Mutual Aid (MMA) to reimburse resources under the California Fire Assistance Agreement. In these cases, MMA resources will be released by the responsible agency and reordered by the State of California and/or the Federal Fire Agencies through the CFAA. For resources that have been on the same incident for more than 12 hours (4 hours for DOI), reimbursement will begin at the time the order, under the California Fire Assistance Agreement, was initiated. Resources that have been on the same incident under MMA for 12 hours (4 hours for DOI) or less will have their time applied to the California Fire Assistance Agreement 12-hour (4 hours for DOI) minimum. After the 12 hours (4 hours for DOI) are completed, reimbursement will begin at the time the order, under the California Fire Assistance Agreement, was initiated. The 12-hour (4 hours for DOI) period shall be subject to annual review and monitoring by the California Fire Assistance Agreement Committee.

Local government agency bulldozers and local government agency hand crews will be reimbursed after 2 hours, these resources will be reimbursed from the time of dispatch after the 2nd hour.

Hand crew makeup will consist of a minimum of 10 and a maximum of 25 crew members including one qualified crew boss. Vehicle module composition will not exceed 5.

Cal OES and the Federal Fire Agencies will reimburse aviation resources from the time of dispatch.

A-7 Invoices will include an Administrative Rate as negotiated by the Committee. The Administrative Rate will be added to the total of the personnel, fire apparatus, support equipment, aircraft, and other approved reimbursements for local government. The de minimis Administrative Rate is set annually by the Committee per the Rate Letter published at the time of dispatch, unless the California Fire and Rescue Mutual Aid System Agency submits an agency-specific Administrative Rate in accordance with the Instructions for Completing Administrative Rate Calculations. Cal OES will issue these instructions annually along with the salary survey instructions. California Fire and Rescue Mutual Aid System Agencies that develop an Administrative Rate must review and update their rate by July 1st of each year.

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions

REIMBURSEMENT - PERSONNEL
A-8 The Committee will establish a standard reimbursement formula for local agency personnel with Base Rates applicable to all jurisdictions. The default reimbursement will be at the Base Rate for actual hours worked on the incident. Agencies can be reimbursed at a rate that is higher than the Base Rate, and/or for more than actual hours worked (up to 24 hours per day), asfollows:

A-8.1 Any agency seeking reimbursement for its personnel should utilize the Mutual Aid Reimbursement System (MARS) to complete and sign the required annual salary survey and must file it with the Cal OES Fire and Rescue Division. The Authorized Representative will provide certification through signature under penalty of perjury that the personnel wages are accurate and correct for each requested position.

A-8.2 Any agency seeking reimbursement for its personnel for more than actual hours worked on the incident (portal-to-portal) must file an MOU/MOA, GBR, or equivalent with Cal OES Fire and Rescue Division. The MOU/MOA, GBR, or equivalent shall indicate how personnel will be compensated. Personnel must be physically present on the incident in order to receive portal-toportal compensation, unless documented and approved by the paying agency.

A-9 The above required documentation for rates and hours shall be based on actual costs to the responding agency, and not contingent upon reimbursement from the State of California or Federal Fire Agencies at a rate that exceeds what the agency will pay its personnel.

Reimbursements will be based on the salary survey and any applicable MOU/MOA, GBR, or equivalent that is on file at the time of the initial dispatch.

Any MOU/MOA, GBR, or equivalent is reviewed by Cal OES and the Committee upon request.

Local government will be formally notified of the determination.

A-10 These formulas and rates of payment shall constitute full reimbursement for direct costs, including backfill to local jurisdictions relative to personnel provided. Liability for workers’ compensation claims and/or payment of unemployment benefits shall remain the responsibility of the responding local, state, federal, and tribal agencies that directly employ the personnel. All calculations shall be subject to audit by the State of California or the Federal Fire Agencies in accordance with Recital 32, Examination and Audit.

A-10.1 California Fire and Rescue Mutual Aid System Agencies will be required, upon request, to provide Cal OES supporting documentation used to establish rates and method of pay. Cal OES will request yearly samples from selected agencies for review by Cal OES and the Committee.

Upon request, the California Fire and Rescue Mutual Aid System Agencies will have thirty (30) calendar days to provide Cal OES with required information. This process does not supersede the Examination and Audit process as outlined in this Agreement.

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01
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A-11 Reimbursement for the total hours worked shall be calculated up to the next quarter hour when total hours are fractional.

A-12 Reimbursement shall be made only for such personnel that have been specifically requested or approved by the State of California or the Federal Fire Agencies. Any personnel not given an order and request number shall be considered a voluntary contribution from the responding agency and not subject to reimbursement.

Formula for Personnel Reimbursement Using Base Rates
A-13 California Fire and Rescue Mutual Aid System Agencies will submit a salary survey to be reimbursed at the established Engine Company Base Rate for personnel responding on emergency apparatus or as overhead personnel at or below the Strike Team/Task Force Leader Trainee level.

Strike Team/Task Force/Unit Leader level or above personnel will be reimbursed at the established Overhead Base Rate.

A-14 California Fire and Rescue Mutual Aid System Agencies that have not submitted a salary survey for rates above the established Base Rates will submit a salary survey to be reimbursed using one of the following formulas:

The formula for the total personnel amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is:
(B x H1x 1.5) = Total Personnel Reimbursement
The formula for the total personnel amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is:
(B x H
2 x 1.5) = Total Personnel Reimbursement
B = Base Rate
H
1 = All Hours (portal-to-portal)
H
2 = Actual Hours Worked
Cal OES will apply the 1.5 multiplier in the formula at invoicing which represents an hourly rate, and is intended to cover all costs associated with straight time and overtime hours.

The Established Base Rate (B) is based on the average of the CAL FIRE Fire Captain or Fire Apparatus Engineer base rates and the USDA Forest Service emergency hire rates for these positions applied to a 168-hour week, with 40 hours at straight time and 128 hours at overtime.

The total amount is then divided by 168 hours resulting in a blended rate.

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Formula for Establishing the Base Rates
The following base rate formulas include an overtime component.

Base Rate formula for Engine Company Personnel and Overhead at or below Strike Team/Task Force Leader Trainee
(AD-F + CAL FIRE Fire Apparatus Engineer base rate) / 2 = Combined Rate, ((Combined Rate x 40 Hours Straight Time) + (Combined Rate x 128 Hours Overtime)) / 168 = Overtime Base Rate x .6667 = Straight Time Base Rate
Base Rate formula for Overhead at or above Strike Team Leader/Task Force Leader (AD-H + CAL FIRE Fire Captain base rate) / 2 = Combined Rate, ((Combined Rate x 40 Hours Straight Time) + (Combined Rate x 128 Hours Overtime)) / 168 = Overtime Base Rate x .6667 = Straight Time Base Rate
Definitions for abbreviations used in Base Rate Formula AD - Administratively Determined Pay Plan for Emergency Workers. Pay rates for emergency (casual) employees of the Federal Fire Agencies.

AD F - The classification for Engine Boss.

AD H - The classification for Strike Team Leader.

CAL FIRE base Fire Captain and Fire Apparatus Engineer salary rates are converted to hourly rates.

Formula for Suppression Personnel Reimbursement Using Salary Rates A-15 The California Fire and Rescue Mutual Aid System Agencies may submit a salary survey with the agency’s established Salary Rates to Cal OES Fire and Rescue Division for any personnel dispatched to an incident. The personnel who are dispatched to an incident will be classified and reimbursed as described in Clauses A-15.1 through A-15.3. The submission of Salary Rates shall be on file with Cal OES Fire and Rescue Division prior to the time of personnel dispatch.

A-15.1 California Fire and Rescue Mutual Aid System Agencies that have submitted Salary Rates to Cal OES Fire and Rescue Division at or below the Battalion Chief level shall be reimbursed using one of the following formulas:

The formula for the total personnel amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is:
(S x H1x 1.5) = Total Personnel Reimbursement

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
The formula for the total personnel amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is:
(S x H2x 1.5) = Total Personnel Reimbursement
S = Salary Rate
H
1 = All Hours (portal-to-portal)
H
2 = Actual Hours Worked
The Salary Rate (S) is the average hourly rate of all personnel in the specific rank (e.g., Captain, Engineer, Firefighter) within each individual jurisdiction.

Cal OES will apply the 1.5 multiplier in the formula at invoicing which represents an hourly rate, and is intended to cover all costs associated with straight time and overtime hours.

A-15.2 California Fire and Rescue Mutual Aid System Agencies that have submitted Salary Rates to Cal OES Fire and Rescue Division above the Battalion Chief level shall be reimbursed using one of the following formulas:

The formula for the total personnel amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is:

S x H1 = Total Personnel Reimbursement
The formula for the total personnel amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is:

S x H2 = Total Personnel Reimbursement
S = Salary Rate
H
1 = All Hours (portal-to-portal)
H
2 = Actual Hours Worked
A-15.3 If personnel above the Battalion Chief level have an MOU/MOA, GBR, or equivalent that indicates they are to be paid above straight time, the reimbursement will be calculated using one of the following formulas. The MOU/MOA, GBR, or equivalent is subject to the provisions in Clause A-9 and must not be contingent on this Agreement or executed on the sole basis that there is reimbursement from Cal OES, CAL FIRE, or the Federal Fire Agencies.

The formula for the total personnel amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) and MOU/MOA, GBR, or equivalent for above straight time is:
(S x H1x 1.5) = Total Personnel Reimbursement

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
The formula for the total personnel amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) and with an MOU/MOA, GBR, or equivalent for above straight time is:
(S x H2x 1.5) = Total Personnel Reimbursement
S = Salary Rate
H
1 = All Hours (portal-to-portal)
H
2 = Actual Hours Worked
Cal OES will apply the 1.5 multiplier in the formula at invoicing which represents an hourly rate and is intended to cover all costs associated with straight time and overtime hours.

Formula for Non-Suppression Personnel Reimbursement Using Salary Rates A-16 California Fire and Rescue Mutual Aid System Agencies that have submitted Salary Rates to Cal OES Fire and Rescue Division for Non-Suppression Personnel shall be reimbursed using one of the following formulas:

The formula for the total personnel amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is:
(S x H1x 1.5) = Total Personnel Reimbursement
The formula for the total personnel amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is:
(S x H2x 1.5) = Total Personnel Reimbursement
S = Salary Rate
H
1 = All Hours (portal-to-portal)
H2 = Actual Hours Worked
The Salary Rate (S) is the average hourly rate of all personnel in the specific rank (e.g., Dispatcher, Heavy Equipment Mechanic, and Inspector) within each individual jurisdiction.

Cal OES will apply the 1.5 multiplier in the formula at invoicing which represents an hourly rate, and is intended to cover all costs associated with straight time and overtime hours.

California Interagency Incident Management Team (CIIMT) Participation A-17 Personnel responding under this Agreement, including those who apply for participation on a Federal California Interagency Incident Management Team (CIIMT), must be employed with a federal, state, or local agency in a full time, seasonal, part-time, or retired-annuitant position for a purpose other than participation on a CIIMT. The California Wildland Fire Coordinating Group

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
(CWCG) coordinates the application and selection process for IMT rosters and may request proof of employment documentation as part of that process. Applicants who do not meet the criteria can apply under the casual hiring authority as outlined in the Standards for Interagency Incident Business Management.

Engine Company and Tactical Water Tender Staffing
A-18 Engine company staffing shall not be less than three (3) or a reimbursable maximum of four (4).

The State of California or the Federal Fire Agencies will reimburse based on the actual classifications responding, not to exceed one (1) Company Officer, one (1) Apparatus Operator, and one (1) or two (2) Firefighters. Tactical water tender staffing shall be reimbursed based upon the actual classifications responding, not to exceed two (2) Apparatus Operators or one (1) Company Officer and one (1) Firefighter. Personnel filling engine company or tactical water tender positions shall be certified at the appropriate level per Wildland Fire Qualification NWCG 310-1 Sub System Guide, or the California Incident Command Certification System (CICCS).

Due to the short-term staffing crisis caused by multiple factors including COVID, exceptions to staffing will be on a case-by-case basis and approved by the ordering incident, documented in the resource ordering system of record, or documented on a General Message Form ICS-213 by the Incident Commander (IC), Finance Section Chief (FSC), Incident Business Advisor (IBA), or Agency Administrator (AA).

Strike Team/Task Force Leader Trainee
A-19 The State of California or the Federal Fire Agencies shall provide reimbursement for personnel requested by the State of California or the Federal Fire Agencies to coordinate (Strike Team/Task Force Leaders) or otherwise support the California Fire and Rescue Mutual Aid System resources, or Cal OES-owned emergency apparatus used on incidents. A strike team/task force may, at the discretion of the local jurisdiction, include a Strike Team/Task Force Leader Trainee as a reimbursable member of the unit. The trainee will be covered under a strike team/task force order and request number and will be identified on a separate Emergency Activity Record (OES F-42), unless the trainee is from the same California Fire and Rescue Mutual Aid System Agency as the Strike Team/Task Force Leader. The Strike Team/Task Force Leader Trainee shall travel with the strike team/task force in a vehicle from the existing strike team/task force and will not be reimbursed for the use of a second vehicle. The trainee may provide the vehicle for the assignment, but no more than one vehicle will be reimbursed. Personnel filling Strike Team/Task Force Leader Trainee positions shall be certified at the Strike Team/Task Force Leader Trainee level per Wildland Fire Qualification NWCG 310-1 Sub System Guide, or CICCS.

A-20 All trainees are required to check in with the Training Specialist at the incident when one is present. Trainees will follow the qualification process in place at the incident.

Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
FWS# FF0803000-D-J001
BIA# A20ACPRO01
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 with 2023 First Addendum revisions
Overhead Personnel
A-21 Personnel responding to a State of California or Federal Fire Agency’s request for overhead positions shall meet the training and experience requirements established for the ICS position to be filled (Reference: NWCG 310-1 Sub System Guide or CICCS).

Transfer/Reassignment to Other Operational Area/Incident A-22 California Fire and Rescue Mutual Aid System emergency apparatus and personnel requested through this Agreement may not be reassigned without the responding agency’s approval. The host State of California or Federal Fire Agency shall secure approval for such reassignment through the California Fire and Rescue Mutual Aid System.

Cal OES Support
A-23 Cal OES Fire Agency Representatives assigned to major incidents may need to have a Cal OES Support/Communications Unit to facilitate coordinating the mutual aid resources assigned to the incident. Local government agency personnel assigned to this resource shall be limited to and reimbursed at a maximum of two (2) persons.

A-24 The State of California or the Federal Fire Agencies shall reimburse the local government agency for the use of one agency support equipment. Reimbursement shall be calculated on a daily basis for such equipment at the rate established by the Committee for the approved type or category of vehicle used.

REIMBURSEMENT – EMERGENCY APPARATUS
A-25 The formulas and rates of payment for emergency apparatus shall be considered as covering all reimbursement related to the use of such vehicles except as provided in the Reimbursement for Emergency Apparatus Loss or Damage section in the recitals of this Agreement, Recital 27.

A-26 Reimbursement for emergency apparatus refurbishment and rehab may be approved by the Incident Command, up to a maximum of 2 hours, as appropriate.

California Fire and Rescue Mutual Aid System Agency Emergency Apparatus A-27 Engines and tactical water tenders shall be reimbursed in accordance with the current FEMA Schedule of Equipment Rates established in the annual Rate Letter. Engine and tactical water tender rates are based on a 16-hour maximum allowable charge, per 24-hour period.

Reimbursement of other emergency response equipment shall be in accordance with 44 CFR 206.228 allowable costs.