Attachment D
CITY OF ALAMDA INTEGRATED PEST MAAGEMENT POLICY
(Adopted by City Council Resolution: 6/15/10)
D. Support the City of Alameda Municipal Code, Storm Water Management and Discharge Control ordinance, Ordinance No. 2605, by describing procedures by which the City may implement its policy regardig urban ruoff.
This City Policy shall not be constred as requiring a deparent, purchaser or contractor to procure products that do not perform adequately for their intended use, exclude adequate competition, risk the health or safety of workers and citizens, or are not available at a reasonable price in a reasonable period of time.
This City Policy shall not be constred as requiring the City of Alameda, a deparent, purchaser or contractor to tae any action that conflicts with local, state or federal requirements. v. DEFINTIONS
5.1 Biological control - The use of biological technologies to manage unwanted pests. Examples of this tye of control include, but are not limited to, the use of pheromone traps or beneficial insect release for control of certin types of weeds or invasive insects in landscapes.
5.2 Cultural control- The use oflPM control methods such as grazing, re-vegetation, disking, mulching, proper irgation, seeding, and landscaping with competitive or tolerant species to manage unwanted weeds, rodents or plant diseases, plus good housekeeping.
5.3 DP R - Deparent of Pesticide Regulations for the State of California's Environmental Protection Agency. DPR, in parership with the Federal Environmenta Protection Agency (EP A) and the County Deparent of Agricultue, oversees all issues regardig the registation, licensing and enforcement of laws and regulations perting to pesticides.
5.4 Integrated Pest Management (IPM) - IPM is the strategic approach that focuses on long-term prevention of pests and their damage from reachig unacceptable levels by selecting and applying the most appropriate combination of available pest control methods. These include cultual, mechanical, biological and chemical technologies that are implemented for a given site and pest situation in ways that minimize economic, heahh and environmenta risks.
5.5 Mechanical controls - The use of IPM control methods utilzing hand labor or equipment such as mowers, graders, weed-eaters, and chainsaws. Crack and crevice sealants and closing small entrays (i.e., around pipes and conduits) into buildings for insect and rodent management are also mechancal controls.
5.6 PCA - Pest Control Advisor is one licensed by the California Deparent of Pesticide Regulations according to Title 3, Aricle 5 ofthe California Code of Regulations. A licensed PCA, who is registered with the County Agricultual Commissioner, provides wrtten pest control recommendations for agricultual pest management, including parks, cemeteries, and rights-of- way.
5.7 Pesticides - Defined in Section 12753 of the California Food and Agricultual Code as any spray adjuvant, or any substce, or mixture of substaces intended to be used for defoliating plants, regulating plant growth, or for preventing, destoying, repelling, or mitigatig any pest, as dermed in Section 12754.5 (ofthe Food and Agricultual Code), which may infest or be detrenta to vegetation, man, animals or households, or be present in any agricultual or nonagricultual environment whatsoever. The term pesticide applies to herbicides, insecticides,
CITY OF ALAMDA INTEGRATED PEST MAAGEMENT POLICY
(Adopted by City Council Resolution: 6/15/10)
fugicides, rodenticides and other substaces used to control pests. Antimicrobial agents are not included in this dermition of pesticides
5.8 QAL - Qualified Applicator License is a licensed applicator according to Title 3, Aricle 3 of the California Code of Regulations. This license allows supervision of applications that may include residential, industrial, institutional, landscape, or rights-of-way sites.
5.9 QAC - Qualified Applicator Certificate is a certified applicator of pesticides according to Title 3, Aricle 3 of the California Code of Regulations. This certificate allows supervision of applications that may include residential, industral, landscape, or rights-of-way sites.
5.10 Structural Pest Control Operator (SPCO- Branch 1, II or III) - A licensed applicator for controlling pests that invade buildings and homes according to the requirements of the Strctual Pest Control Board of the California Deparent of Consumer Affais.
VI. RESPONSffILITY
6.1 Coordination
6.1.1 This Policy applies to the City Deparents with operations subject to this Administrtive Regulation. Deparent Directors, or their designees, shall coordinate implementaion of this Administrtive Regulation.
6.2 Training
6.2.1 All City employees who within the scope of their duties apply or use pesticides that theaten water quality shall be trained in IPM practices, the City's IPM policy, deparent IPM stadard operating procedures, and as required by State of California Deparent of Pesticide Regulations rules, the County Agricultual Commissioner, and/or the Strctual Pest Control Board and the City's NPDES permit. Training opportities may also include the Bay-Friendly Landscape Maintenance Training and Qualifications Program and Eco Wise Certified. Each Deparent wil maintain records of all training activities (e.g., attendees, course outline, date).
6.2.2 City Staff responsible for pest management on City propert wil ensure anual training is provided to all employees who within the scope oftheir duties apply pesticides on:
i. Pesticide Safety,
2. This City Policy on IPM and
3. City deparent IPM stadard operating procedures, appropriate Best Management Practices and Integrated Pest Management Technologies.
6.2.3 Pest Control Advisors and Applicators, pest management contractors, and other "contract for service providers" serving City properties wil be licensed by the State of California Deparent of Pesticide Regulations (DPR) as a Pest Control Advisor or licensed Qualified Applicator and either IPM-certified or under contract to implement IPM. Contract specifications shall require contractors to implement IPM no later than July 1,2010.
6.3 Public Education and Outreach
6.3.1 The City's Clean Water Program, in paricipation with the Alameda Countyide Clean Water Program, wil continue with its existing program to encourage people who live, work, and/or attend school in Alameda to:
1. Obtain information on IPM techniques to control pests and minimize pesticide use
2. Use IPM technologies for dealing with pest problems
CITY OF ALAMDA INTEGRATED PEST MAAGEMENT POLICY
(Adopted by City Council Resolution: 6/15/10)
3. Perform pesticide applications according to the manufactuer's instrctions as detailed on the product label, and in accordance with all applicable state and local laws and regulations set forth to protect the environment, the public, and the applicator; and properly dispose of unused pesticides and their containers.
6.3.2 City of Alameda Deparents with propert leaseholders shall inorm propert leaseholders of the need to comply with the City Policy on IPM and encourage the use of the most curent IPM technologies and Best Management Practices.
6.4 Program Evaluation
6.4.1 Each Deparent with operations subject to this City Policy shall monitor and evaluate its success implementing this City Policy. This evaluation can include progress in meeting the objectives of this City Policy, and note bariers encountered, recommendations for resolution, cost analysis, and a description of assistace needed to continuously improve stafs abilty to meet the City Policy objectives.
6.5 Reporting Requirements
The inormation outlined below is required for inclusion in the City's NPDES Stormwater Perit Anual Report compiled by the City's Clean Water Program for submitt to the Regional Water Quality Control Board. Each City deparent, pest management contrctor, and/or other appropriately licensed contractors employed by the City to provide city services that involve pesticide application on City properties shall submit by July 15th anually to the Public Works Clean Water Program staff:
A. Annual Pesticide Use Summary Report
1. Product name and manufactuer
2. Active ingredient
3. The total quantity of each pesticide used durg the prior fiscal year (from July 1 to June 30) in order to provide an accounting of pesticide use at City-owned or operated properties.
4. Target pest(s) for pesticide application(s).
5. Reasons for increases in use of pesticides that theaten water quality, specifically organophosphorous pesticides, pyrethoids, carbarl, fipronil, and copper-based pesticides.
Anual Pesticide Use Summar Report Forms may be obtained by contacting the Public Works Clean Water Program staff.
B. Annual Training Summary (City departents only)
1. The number of deparental employees who apply pesticides.
2. The number of deparental employees who apply pesticides who have received training in IPM policy and IPM stadard operating procedures during the reporting year.
Vl. PROCEDUR
7.1 Pesticide Prevention
7.1.1 The City of Alameda shall institute practices that reduce the use of pesticides and result in the purchase of fewer pesticides whenever practicable and cost-effective, but without reducing safety or workplace quality.
7.1.2 The City of Alameda shall direct all employees to implement Good Housekeeping Practices in their workstations, vehicles, break rooms, outdoor work areas, etc., to prevent the conditions that provide a food source and habitat which attact unwanted pests
CITY OF ALAMDA INTEGRATED PEST MAAGEMENT POLICY
(Adopted by City Council Resolution: 6/15/10)
7.2 Pest Control and Management
7.2.1 The City of Alameda, including all deparents and staff herein, and contractors or individuals (QAL, QAC, SPCO) providing pest control services on City propert (Applicators) shall follow the City's Integrated Pest Management City Policy and utilze generally accepted IPM Best Management Practices (BMPs) to the maximum extent practicable for the control or management of pests in and around City buildings and facilties, parks and golf courses, urban landscape areas, rights-of-way, and other City properties.
7.2.2 Applicators wil use the most current IPM technologies available to ensure the long-term prevention or suppression of pest problems and to minimize negative impacts on 1he environment, non-taget organisms, and human health.
7.2.3 Applicators wil consider the options or alternatives listed below in the following order, before recommendig the use of or applying any pesticide on City propert:
1. No controls (e.g., tolerating the pest infestation, use of resistat plant vareties or allowing normal life cycle of weeds)
2. Physical or mechancal controls (e.g., hand labor, mowing, exclusion)
3. Cultual controls (e.g., mulching, disking, alternative vegetation), good housekeeping (e.g. cleaning desk area)
4. Biological controls (e.g., natual enemies or predators)
5. Reduced-risk chemical controls (e.g., soaps or oils)
6. Other chemical controls
7.3 Pesticide Application
7.3.1 Only City of Alameda employees or appropriate licensed contractors employed by the City who are authorized and trained in pesticide application (i.e., hold PCA, QAL, QAC, or Strctural Branch Operator I, II, or il certifications/licenses or individuals working under the supervision of one of the aforementioned certificate/license holders) and who shall implement 1he City deparent's IPM standard operating procedures may apply pesticides to or withi City propert.
7.3.2 City of Alameda employees are not to apply pesticides durg municipal operations or on City propert that have been purchased at City employee expense. Each City deparent shall assign a responsible supervisor to identify less-toxic products to be used. If there are no less- toxic products on hand, deparent employees shall contact the assigned supervisor to be given approved less-toxic pesticides (i.e. Orange Guard, insecticidal soap).
7.3.3 Applicators wil select and apply IPM methods that wil minimize reliance on pesticides that threaten water quality, human health and the environment.
7.3.4 Existing contracts and New contracts that are entered into with pest management contractors and other appropriately licensed contractors employed to provide services that involve pesticide application at City properties after June 30, 2010 wil include requirements that the contractors follow the requirements of this City Policy on IPM and implement the most curent IPM technologies and Best Management Practices.
7.4 Restricted Chemicals
7.4.1 City of Alameda employees and/or contractors employed by the City who are trained to recommend or apply pesticides wil not use or promote the use of:
1. Acute Toxicity Category I chemicals as identified by the Environmenta Protection Agency (EPA),
CITY OF ALAMEDA INTEGRATED PEST MAAGEMENT POLICY
(Adopted by City Council Resolution: 6/15/10)
2. Organophosphate pesticides (e.g., those containing Diazinon, chlorpyrios or malathion)
3. Pyrethroids (bifenth, cyfluth, beta-cyfluthrin, cypermethrin, deltaeth, esfenvalerate, lambda-cyhalothrin, permethrin, and tralomethin ), carbamates (e.g., carbarl), fipronil
4. Copper-based pesticides unless:
a. Their use is judicious,
b. Other approaches and techniques have been considered, and; c. Theat of impact to water-quality is prevented.
7.4.2 Applicators wil always avoid applications of pesticides that directly contact water, unless the pesticide is registered under Federal and California law for aquatic use.
7.4.3 Pesticides that are not approved for aquatic use wil not be applied to areas imediately adjacent to water bodies where through drif, drainage, or erosion, there is a reasonable possibilty of a pesticide being transported into surace water.
7.4.4 Discharges of pollutats from the use of aquatic pesticides to the waters of the United States require coverage under a NPDES permit. Those City employees or appropriately licensed contractors employed by the City who apply pesticides directly to waters of the United States wil obtain a NPDES permit from the California State Water Quality Resources Control Board Region 2, prior to making any pesticide applications.
7.5 Best Management Practices (BMPs)
7.5.1 This section includes additional BMPs and control measures not discussed above to protect water quality. These BMPs were previously incorporated into the City of Alameda's Best Management Practices for Pesticides, Herbicides and Fertilizers Usage, utilzed by Public Works, Recreation & Parks, Housing Authority and the Golf Complex. An IPM process assists in the determination of whether or not a pesticide application is necessar.
1. Follow all federal, state, and local laws and regulations governing the use, storage, and disposal of pesticides and training of pest control advisors and applicators.
2. Use the most effective, least toxic pesticides that wil do the job, provided there is a choice.
The agency wil tae into consideration the LDso, overall risk to the applicator, and impact to the environment (chronic and acute effects).
3. Apply pesticides at the appropriate time to maximize thei effectiveness and minimize the likelihood of discharging pesticides in storm water runoff. Avoid application of pesticides if rain is expected (this does not apply to the use of pre- emergent herbicide applications when required by the label for optimal results.)
4. Employ techniques to minimize off-taget application (i.e. spray drif) of pesticides, including consideration of alternative application techniques. For example, when spraying is required, increase drop size, lower application pressure, use suractats and adjuvants, use wick application, etc.
5. Apply pesticides only when wind speeds are low.
6. Mix and apply only as much material as is necessar for treatment. Calibrate application equipment prior to and durg use to ensure desired application rate.
7. Do not mix or load pesticides in application equipment adjacent to a storm drai inlet, culvert, or watercourse.
8. Properly inspect applicator equipment to prevent accidental pesticide leaks, spils and hazards to applicators and the environment.
CITY OF ALAMDA INTEGRATED PEST MAAGEMENT POLICY
(Adopted by City Council Resolution: 6/15/10)
9. Meet local fire deparent and Alameda County Agricultual Commissioner storage requirements for pesticide products. Provide secondar containent for liquids if required.
10. Prepare spil kits, store the kits near pesticides, and train employees to use them.
11. Store pesticides and other chemicals indoors in a locked and posted storage unit, as per California Code of Regulations.
12. Store pesticides in labeled containers, as per California Code of Regulations.
13. Rise empty pesticide/herbicide containers, and empty in the spray, as per California Code of Regulations.
14. Dispose of triple-rinsed empty pesticide containers according to recommendations ofthe Alameda County Agricuhual Commissioner and the manufactuer.
15. Try to fid a qualified user for any unwanted pesticides, or retu to the manufactuer if unopened. If disposal is required, contact Alameda County's Household Hazard Waste Collection Program at (510) 670-6460 between 8:30 AM and 5:00 PM., Monday through Friday, to make appropriate disposal arangements, or to recycle the materiaL.
16. If changing pesticides or cleaning spray tas, use ta rinse water as the product, over a tageted area within the application site.
17. Irigate slowly to prevent ruoff, and do not over-water.
G:\pubworks\clean water\POCs\Pesticides\IM Policy\COA IPM 6-15-1 a.doc
San Francisco Bay Conservation and Development Commission 375 Beale Street, Suite 510, San Francisco, California 94105 tel 415 352 3600 fax 888 348 5190 State of California | Gavin Newsom – Governor | [email protected] | www.bcdc.ca.gov
Transmitted Via Electronic Mail
TO: BCDC Permit Holder
FROM: Lawrence J. Goldzband, Executive Director (415/352-3653; [email protected]) SUBJECT: Instructions for Completing BCDC Regionwide Permit No. RWP-2
Dear BCDC Permit Holder:
Enclosed please find Regionwide Permit No. RWP-2. I am issuing this regionwide permit to you as requested by your Notice of Intent to Proceed under a regionwide permit, including its accompanying exhibits, any subsequent additions or changes, and as modified by the conditions of this regionwide permit.
You must (1) complete1 the acknowledgment section of the regionwide permit, which indicates that you have read and that you agree to all of the terms and conditions of the regionwide permit, and (2) return that entire regionwide permit to the Commission within 14 days.
Please understand that this permit authorizes you to perform only the work described in your Notice of Intent to Proceed under a regionwide permit, and no more. In addition, no work may commence on the project until the regionwide permit is executed and returned to the Commission. Until the Commission receives the executed regionwide permit, you do not have the necessary authorization for the work authorized under the permit. The commencement of any work within the Commission's jurisdiction without the necessary authorization from the Commission is a violation of the McAteer-Petris Act and could subject you to substantial fines.
If you have any questions concerning the regionwide permit or the procedure outlined above, please contact us at 415-352-3600 or [email protected].
1 For your convenience, you will receive an email copy of the regionwide permit via DocuSign for your acknowledgement and e-signature.
Docusign Envelope ID: 5C699B16-4DB5-4A8B-A2CB-F7E69347DFA1 Docusign Envelope ID: C952350C-551A-4ADF-A3EB-7B0EAC582F1B San Francisco Bay Conservation and Development Commission 375 Beale Street, Suite 510, San Francisco, California 94105 tel 415 352 3600 fax 888 348 5190 State of California | Gavin Newsom – Governor | [email protected] | www.bcdc.ca.gov
REGIONWIDE PERMIT NO. RWP-2
NOTICE OF INTENT TO PROCEED NO. NOI2025.019.00
(As Amended Through January 7, 2010)
(Reconstruction, replacement, incidental additions,
and maintenance of service lines, utilities, utility cables, pipelines, and outfalls; installation of new pipelines
where the majority of work would occur below the ground surface and Bay bottom; and backfilling of geotechnical or monitoring wells in the Bay, certain waterways, managed wetlands, and shoreline band)
August 7, 2025
City of Alameda
950 W Mall Sq, Suite 110
Alameda CA 94501
On March 19, 1992, the San Francisco Bay Conservation and Development Commission, by a vote of 17 affirmative, 0 negative, and 0 abstentions, approved the issuance of the original of this Regionwide Permit. On April 18, 1996, the Commission, by a vote of 17 affirmative, 0 negative, and 0 abstentions, approved Amendment No. One of this Regionwide Permit. On December 18, 2008, the Commission by a vote of 18 affirmative, 0 negative, and 0 abstentions, approved Amendment No. Two of this Regionwide Permit. On January 7, 2010, the Commission by a vote of 19 affirmative, 0 negative, and 0 abstentions, approved Amendment No. Three of this Regionwide Permit upon which your authorization is based:
I. Authorization
A. Subject to the conditions stated below, the permittee(s) is hereby authorized to do the following:
Location: In the Shoreline Band, along Shoreline Boulevard at Shell Gate and Willow Streets (at 1001, 2031, and 2101 Shoreline Blvd), Alameda, in Alameda County.
Description: Install four 4-foot-long by 5 -foot-wide concrete overflow inlets and tide valves, at four existing storm drain outfalls located in the beach area along Shoreline Blvd at Shell Gate and Willow Streets, above mean sea level.
Docusign Envelope ID: 5C699B16-4DB5-4A8B-A2CB-F7E69347DFA1 Docusign Envelope ID: C952350C-551A-4ADF-A3EB-7B0EAC582F1B REGIONWIDE PERMIT NO. RWP-2 Page 2
NOTICE OF INTENT TO PROCEED NO. NOI2025.019.00 August 7, 2025 City of Alameda
B. This authority is limited to activities undertaken at a site where activities are not already authorized by another BCDC permit and to projects that would not adversely impact:
(1) the Bay; (2) Bay resources such as those that are scarce, easily disturbed or have an abundance and diversity of fish, other aquatic organisms or wildlife (such as tidal marshes or eelgrass beds); and (3) existing or possible future visual or physical public access to and along the Bay from public access areas, public roads and pathways. This authority is generally pursuant to and limited by your notice of intent to proceed under a Regionwide Permit dated May 20, 2025, including its accompanying exhibits, any subsequent additions or modifications, and all conditions of this Regionwide Permit.
C. Work authorized herein must commence within two years of the date of the transmittal of this Regionwide Permit by the Executive Director to you or the authorization of your work will lapse and become null and void. Such work must also be diligently pursued to completion and must be completed within two years of commencement, or within three years of the date of transmittal of this Regionwide Permit to you, whichever is earlier, unless an extension of time is granted by the Executive Director.
II. Special Conditions
The authorization made herein shall be subject to the following special conditions, in addition to the standard conditions in Part IV:
A. Limit of Work
Authorized work shall be built in general conformance with the plans entitled “Shell Gate Road & Willow Street Project Site Plan”, prepared by CBG civil engineers and dated May 2025, submitted as part of the application.
B. Construction Operations and Debris Removal
All construction operations shall be performed so as to minimize turbidity and the roiling of waters, to prevent construction materials from falling, washing, or blowing into any tidal areas of the Bay or drifting and presenting a navigation or pollution hazard. In the event that any such material is placed or escapes into any area subject to tidal action of the Bay, the permittee(s), its assigns or successors in interest, or the owner of the improvements shall immediately retrieve and remove such material at its expense. All construction debris shall be removed to an authorized location outside the Commission's jurisdiction and the site left in the same condition and grade as existed prior to project implementation. Any material used to backfill excavated holes and trenches shall be free of contaminants and approved for such use by the Regional Water Quality Control Board.
Docusign Envelope ID: 5C699B16-4DB5-4A8B-A2CB-F7E69347DFA1 Docusign Envelope ID: C952350C-551A-4ADF-A3EB-7B0EAC582F1B REGIONWIDE PERMIT NO. RWP-2 Page 3
NOTICE OF INTENT TO PROCEED NO. NOI2025.019.00 August 7, 2025 City of Alameda
C. Habitat Protection
The work authorized by this Regionwide Permit shall be performed so as to prevent any significant adverse impact on any tidal marsh, tidal flat, eelgrass habitat or other sensitive Bay resources. If any unforeseen adverse impacts occur to any such area as a result of the activities authorized herein, the permittee(s) shall restore the area to or improve the area above its previous condition, which may include returning the disturbed area to its original elevation and soil composition and, if the area does not revegetate to its former condition within one year, seeding all disturbed areas with appropriate vegetation.
D. Creosote Treated Wood
No pilings or other wood structures that have been pressure treated with creosote shall be used in any area subject to tidal action in the Bay or any certain waterway, in any salt pond, or in any managed wetland within the Commission's jurisdiction as part of the project authorized herein.
E. Maintenance and Replacement of Authorized Facilities Any in-kind repairs and maintenance of an authorized structure or improvement shall only use construction material that is approved by the Commission in consultation with the Regional Water Quality Control Board and the California Department of Fish and Game for use in San Francisco Bay. Construction shall only occur during those months of the year, as approved by the Commission in consultation with resource agencies such as U.S. Fish and Wildlife Service, Department of Fish and Game and National Marine Fisheries Service, that avoid or minimize potential impacts to fish and wildlife. BCDC staff should be contacted to confirm current restrictions.
F. Water Quality
Prior to undertaking any work authorized herein on any outfall pipe or similar facility, the permittee(s) shall receive all necessary approvals from the California Regional Water Quality Control Board, San Francisco Bay Region, for any discharge or emission from such structure.
G. Diked Wetlands Protection
No work authorized herein on culverts, outfalls, tide gates, or similar facilities shall significantly alter water management, circulation or drainage patterns or otherwise adversely affect any salt pond or other sensitive diked wetland resources.
Docusign Envelope ID: 5C699B16-4DB5-4A8B-A2CB-F7E69347DFA1 Docusign Envelope ID: C952350C-551A-4ADF-A3EB-7B0EAC582F1B REGIONWIDE PERMIT NO. RWP-2 Page 4
NOTICE OF INTENT TO PROCEED NO. NOI2025.019.00 August 7, 2025 City of Alameda
H. Abandonment
If, at any time, the Commission determines that the improvements authorized herein have been abandoned for a period of two years or more, or have deteriorated to the point that public health, safety or welfare is adversely affected, the Commission may require that the improvements be removed by the permittee(s), its assigns or successors in interest, or by the owner of the improvements within 60 days or such other reasonable time as the Commission may direct.
I. Notice to Contractor
The permittee(s) shall provide a copy of this Regionwide Permit to any contractor or person working in concert with the permittee(s) to carry out the activities authorized herein and shall point out the special conditions contained herein.
III. Findings
The Commission hereby finds, declares, and certifies that:
A. Consistency with Commission Regulations
The projects authorized by this Regionwide Permit include installation, reconstruction, replacement and maintenance of, and incidental additions to, existing currently-used outfall pipes, service lines, utility cables, pipelines, and similar facilities that do not involve any substantial enlargement or any substantial extension into the Bay, into certain waterways, managed wetlands or the 100-foot shoreline band and the installation of new pipelines where the majority of work would occur below the ground surface or Bay bottom. Such projects have been authorized by the Commission as qualifying for a Regionwide Permit because they involve repairs to outfall pipes approved by the California Regional Water Quality Control Board, San Francisco Bay Region, utility cables on or under the bottom of the Bay, and similar facilities, as defined in Regulation Sections 10601(a)(4), 10601(a)(5), 10601(a)(6), 10601(b)(1) and 10601(b)(5), or activities similar to those described above, as defined in Regulation Section 10601(e)(3), and thus are equivalent to a “minor repair and improvement” and qualify for authorization under a Regionwide Permit that may be issued by the Commission and approved by the Executive Director, pursuant to Government Code Section 66632(f) and Regulation Sections 11700 and 11713.
B. Consistency with McAteer-Petris Act and San Francisco Bay Plan The project authorized by this permit is consistent with the McAteer-Petris Act and with the San Francisco Bay Plan in that it will not adversely affect the Bay nor public access to and enjoyment of the Bay. Special conditions have been included to assure that project construction, materials and the improvements themselves will not adversely affect the Bay’s natural resources, water quality or navigation and that any deteriorated Docusign Envelope ID: 5C699B16-4DB5-4A8B-A2CB-F7E69347DFA1 Docusign Envelope ID: C952350C-551A-4ADF-A3EB-7B0EAC582F1B REGIONWIDE PERMIT NO. RWP-2 Page 5
NOTICE OF INTENT TO PROCEED NO. NOI2025.019.00 August 7, 2025 City of Alameda
improvements will be removed if they adversely impact the Bay’s natural resources, water quality, or pose a navigation hazard, as required by the San Francisco Bay Plan policies on fish, other aquatic organisms, and wildlife, tidal marshes and tidal flats, water quality, and navigational safety.
C. Consistency with Coastal Zone Management Act
The activities authorized herein are consistent with the Commission's Amended Management Program for San Francisco Bay, as approved by the Department of Commerce under the Federal Coastal Zone Management Act of 1972, as amended.
D. Consistency with California Environmental Quality Act California Public Resources Code Section 21084 provides that the California Environmental Quality Act (CEQA) guidelines shall include a list of classes of projects that have been determined not to have a substantial adverse impact on the environment and are therefore exempt from the requirements of CEQA. This list of “categorical exemptions” is located at 14 Cal. Admin. Code Sections 15300 through 15329. Section 15301 (Class 1) exempts the operation, repair, maintenance or minor alteration of existing public or private structures or facilities that involve negligible or no expansion of previous use. Section 15302 (Class 2) exempts the replacement or reconstruction of existing structures or facilities where the new structure will be located on the same site as the structure being replaced and will have substantially the same purpose and capacity as the replaced structure. Section 15303 (Class 3) exempts the construction of limited numbers of new, small facilities or structures, and subsection (e) specifically exempts accessory structures. The Commission's own regulations provide that the Commission need not prepare an environmental assessment before it issues a permit for a project that falls within the list of categorically exempt activities (14 Cal.
Admin. Code Section 10910). This Regionwide Permit is therefore categorically exempt because it authorizes only reconstruction and replacement of, and incidental additions to, existing, currently used outfall pipes, service lines, utility cables, pipelines, and similar facilities that do not involve any substantial enlargement or any substantial extension into the Bay.
E. Listing with the Commission
The Commission staff will prepare a description and indicate the location of any project authorized under this Regionwide Permit, along with the name and address of the permittee(s), and attach such information to the listing of administrative permits, marsh development permits, and federal consistency actions that is sent to the Commission, following the Executive Director's approval of the project under this Regionwide Permit.
Docusign Envelope ID: 5C699B16-4DB5-4A8B-A2CB-F7E69347DFA1 Docusign Envelope ID: C952350C-551A-4ADF-A3EB-7B0EAC582F1B REGIONWIDE PERMIT NO. RWP-2 Page 6
NOTICE OF INTENT TO PROCEED NO. NOI2025.019.00 August 7, 2025 City of Alameda
F. Enforcement Program and Civil Penalties
The Commission has an enforcement program that reviews its permits for compliance.
The Commission may issue cease and desist and civil penalty orders if violations are discovered. The McAteer-Petris Act provides for the imposition of administrative civil penalties ranging from $10 to $2,000 per day up to a maximum of $30,000 per violation.
The Act also provides for the imposition of court-imposed civil penalties of up to $30,000 in addition to any other penalties, penalties for negligent violations of between $50 and $5,000 per day, knowing and intentional penalties of between $100 and $10,000 per day, and exemplary penalties, which are supplemental penalties, in an amount necessary to deter future violations. In addition, anyone who places fill, extracts materials, or makes any substantial change in use of any water, land or structure within the area of the Commission’s jurisdiction without securing a permit from the Commission is guilty of a misdemeanor.
IV. Standard Conditions
A. Permit Execution
This Regionwide Permit shall not take effect unless the permittee(s) executes the original of this Regionwide Permit and returns it to the Commission within 14 days after the date of the issuance of the Regionwide Permit. No work shall be done until the acknowledgment is duly executed and returned to the Commission..
B. Permit Assignment
The rights, duties, and obligations contained in this Regionwide Permit are assignable.
When the permittee(s) transfers any interest in any property either on which the activity is authorized to occur or which is necessary to achieve full compliance of one or more conditions to this Regionwide Permit, the permittee(s)/ transferor and the transferee shall execute and submit to the Commission a permit assignment form acceptable to the Executive Director. An assignment shall not be effective until the assignee executes and the Executive Director receives an acknowledgment that the assignee has read and understands the Regionwide Permit and agrees to be bound by the terms and conditions of the Regionwide Permit, and the assignee is accepted by the Executive Director as being reasonably capable of complying with the terms and conditions of the Regionwide Permit.
C. Permit Runs With the Land
Unless otherwise provided in this Regionwide Permit, the terms and conditions of this Regionwide Permit shall bind all future owners and future possessors of any legal interest in the land and shall run with the land.
Docusign Envelope ID: 5C699B16-4DB5-4A8B-A2CB-F7E69347DFA1 Docusign Envelope ID: C952350C-551A-4ADF-A3EB-7B0EAC582F1B REGIONWIDE PERMIT NO. RWP-2 Page 7
NOTICE OF INTENT TO PROCEED NO. NOI2025.019.00 August 7, 2025 City of Alameda
D. Other Government Approvals
All required permissions from governmental bodies must be obtained before the commencement of work; these bodies include, but are not limited to, the U. S. Army Corps of Engineers, the State Lands Commission, the Regional Water Quality Control Board, and the city or county in which the work is to be performed, whenever any of these may be required. This Regionwide Permit does not relieve the permittee(s) of any obligations imposed by State or Federal law, either statutory or otherwise.
E. Built Project must be Consistent with Application
Work must be performed in the precise manner and at the precise locations indicated in your application, as such may have been modified by the terms of the Regionwide Permit and any plans approved in writing by or on behalf of the Commission.
F. Life of Authorization
Unless otherwise provided in this Regionwide Permit, all the terms and conditions of this Regionwide Permit shall remain effective for so long as the Regionwide Permit remains in effect or for so long as any use or construction authorized by this Regionwide Permit exists, whichever is longer.
G. Commission Jurisdiction
Any area subject to the jurisdiction of the San Francisco Bay Conservation and Development Commission under either the McAteer-Petris Act or the Suisun Marsh Preservation Act at the time the Regionwide Permit is granted or thereafter shall remain subject to that jurisdiction notwithstanding the placement of any fill or the implementation of any substantial change in use authorized by this Regionwide Permit.
Any area not subject to the jurisdiction of the San Francisco Bay Conservation and Development Commission that becomes, as a result of any work or project authorized in this Regionwide Permit, subject to tidal action shall become subject to the Commission’s “bay” jurisdiction.
H. Changes to the Commission’s Jurisdiction as a Result of Natural Processes This Regionwide Permit reflects the location of the shoreline of San Francisco Bay when the Regionwide Permit was issued. Over time, erosion, avulsion, accretion, subsidence, relative sea level change, and other factors may change the location of the shoreline, which may, in turn, change the extent of the Commission’s regulatory jurisdiction.
Therefore, the issuance of this Regionwide Permit does not guarantee that the Commission’s jurisdiction will not change in the future.
Docusign Envelope ID: 5C699B16-4DB5-4A8B-A2CB-F7E69347DFA1 Docusign Envelope ID: C952350C-551A-4ADF-A3EB-7B0EAC582F1B REGIONWIDE PERMIT NO. RWP-2 Page 8
NOTICE OF INTENT TO PROCEED NO. NOI2025.019.00 August 7, 2025 City of Alameda
I. Violation of Permit May Lead to Permit Revocation
Except as otherwise noted, violation of any of the terms of this Regionwide Permit shall be grounds for revocation. The Commission may revoke any permit for such violation after a public hearing held on reasonable notice to the permittee(s) or its assignee if the permit has been effectively assigned. If the Regionwide Permit is revoked, the Commission may determine, if it deems appropriate, that all or part of any fill or structure placed pursuant to this Regionwide Permit shall be removed by the permittee(s) or its assignee if the Regionwide Permit has been assigned.
J. Should Permit Conditions Be Found to be Illegal or Unenforceable Unless the Commission directs otherwise, this Regionwide Permit shall become null and void if any term, standard condition, or special condition of this Regionwide Permit shall be found illegal or unenforceable through the application of statute, administrative ruling, or court determination. If this Regionwide Permit becomes null and void, any fill or structures placed in reliance on this Regionwide Permit shall be subject to removal by the permittee(s) or its assignee if the Regionwide Permit has been assigned to the extent that the Commission determines that such removal is appropriate. Any uses authorized shall be terminated to the extent that the Commission determines that such uses should be terminated.
K. Permission to Conduct Site Visit
The permittee(s) shall grant permission to any member of the Commission’s staff to conduct a site visit at the subject property during and after construction to verify that the project is being and has been constructed in compliance with the authorization and conditions contained herein. Site visits may occur during business hours without prior notice and after business hours with 24-hour notice.
Executed at San Francisco, California, on behalf of the San Francisco Bay Conservation and Development Commission on the date first above written.
_______________________________
LAWRENCE J. GOLDZBAND
Executive Director
San Francisco Bay Conservation and
Development Commission
LJG/SF/mm
cc: U. S. Army Corps of Engineers, Attn: Regulatory Functions Branch Docusign Envelope ID: 5C699B16-4DB5-4A8B-A2CB-F7E69347DFA1 Docusign Envelope ID: C952350C-551A-4ADF-A3EB-7B0EAC582F1B REGIONWIDE PERMIT NO. RWP-2 Page 9
NOTICE OF INTENT TO PROCEED NO. NOI2025.019.00 August 7, 2025 City of Alameda
San Francisco Bay Regional Water Quality Control Board, Attn: Certification Section
Environmental Protection Agency
City of Alameda Planning Department
* * * * * * * * * * * * * * * * * * * * * * * * Receipt acknowledged, contents understood and agreed to:
Executed at City of Alameda
Permittee
On By:
Print Name
Title
Docusign Envelope ID: 5C699B16-4DB5-4A8B-A2CB-F7E69347DFA1 Docusign Envelope ID: C952350C-551A-4ADF-A3EB-7B0EAC582F1B 8/7/2025
Erin Smith
11:46 AM
Public Works Director
Temporary Park Access Permit
Major
PERMIT NUMBER:
025T-25
START DATE 04-16-2026 END DATE 09-01-2026 APP FEE $100.00
LOCATION Crown Beach
PERMITTEE
(COMPANY) City of Alameda
ADDRESS 950 W Mall Square
Alameda, CA 94501
CONTACT
PERSON Erin Smith
CONTACT
PHONE (510) 747-7938 CONTACT
EMAIL [email protected]
PARK SUPERVISOR Dave Mecchi PHONE (510) 544-3171
ITEMIZED PERMIT FEES & DEPOSIT
Fee Type Quantity Amount
Review Fee - Major 1 $975.00
Temporary Park Use Fee (Days) 122 $12,200.00
Inspection Fee (Weeks) 18 $3,600.00
TOTAL PERMIT FEES
(does not include Application Fee) WAIVED
REQUIRED DEPOSIT WAIVED
GRAND TOTAL (FEES + DEPOSIT)
(does not include Application Fee) WAIVED
CONDITIONS:
1. No project work shall commence until all necessary permits and environmental clearances have been obtained. It shall be the sole responsibility of the Permittee to obtain all necessary permits and authorizations for the proposed activities.
2. At least one week prior to the commencement of work, the Permittee shall contact the Park Supervisor listed above to coordinate access. Work during wet, storm or elevated fire hazard conditions shall be at the discretion of the Park Supervisor.
3. The District has discretionary authority to suspend, modify, or revoke authorization of this Permit in the event of non-compliance and violation(s) of Permit Conditions.
4. Permittee shall provide the District all pertinent regulatory permits and authorizations from the appropriate federal and state agencies.
Temporary Park Access Permit
Major
PERMIT NUMBER:
025T-25
5. In the event of conflict or inconsistency between the Permittee’s contract documents, regulatory and environmental permit conditions, and Conditions of this Permit, the most stringent conditions shall prevail.
6. All work performed shall be consistent with Temporary Park Access Permit Application, all documents submitted to the Park District, and Supplementary Condition(s).
7. Prior to the commencement of work the Permittee , Permittee’s Contractor, and any Subcontractor(s) shall provide and maintain Liability and Workers Compensation Insurance. See page 4 “Insurance Requirements”.
8. Permittee and agree to indemnify, hold harmless, defend and protect Park District, its officers, directors, agents, employees, invitees (each of which is an indemnitee) from and against any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (i ncluding attorneys ’ fees), penalties, judgments, or obligations whatsoever for or in connection with injury (including death) or damage to any person or the loss or damage of property to whomsoever belonging or pecuniary or monetary loss resulting from, ar ising out of, or in any way related to activity conducted by or the omission of Permittee or Permittee’s Contractor, including but not limited to Permittee’s or Permittee’s Contractor’s development, construction, occupation, use, operation, maintenance and/or removal of the property, premises, or any facilities or operations thereon, including events occurring on or off the property, premises, or facilities, regardless of how the injury or damage was caused or suffered, unless the injury or damage resulted from the sole negligence or the intentional and willful misconduct of the Park District, its officers, directors, agents or employees.
9. All work performed within the parkland shall conform to recognized standards of construction.
10. Permittee agrees to restore any park facility disturbed to its pre -construction/project condition. The Park District may elect to make repairs and charge the Permittee the cost thereof. At the Permittee’s sole expense, the Permittee shall provide a pre-construction photo and/or video record to document the site conditions before the start of the work.
11. Prior to any grading, trenching, digging, ditching, drilling, augering, tunneling, scraping or any other type of excavation, the Permittee shall provide the Park District with an initial inquiry identification number from Underground Service Alert.
12. Survey monuments shall be protected. Any survey monuments or property corners removed or disturbed shall be replaced at the Permittee’s sole expense using survey practices acceptable to the Park District.
13. Permittee, Permittee’s Contractor, and any Subcontractor(s) shall implement standard erosion control practices at every site.
14. Permittee shall implement the following invasive weed BMP’s:
• Permittee shall use only weed-free straw mulch. No monofilament plastic mesh or line will be used for erosion control.
• Permittee shall wash all project equipment, prior to entering the work area. All vehicles shall be cleaned of dirt and debris.
• Permittee shall incorporate topsoil salvage into the excavation efforts. The top 2 -3 inches of soil will be scraped/excavated and placed in a separate location from all other excavated material.
Upon the completion of Construction, the salvaged topsoil will be placed back over the excavated area.
15. If hazardous waste is transported, Permittee shall provide the appropriate copy of the Uniform Hazardous Waste Manifest to the Park District.
16. Upon completion of the work all debris, scraps, material, etc., shall be removed from the parkland.
17. No construction material shall be stored, nor equipment parked on Park District land.
18. After both entering and exiting East Bay Regional Park District property, all gates must be closed and locked immediately.
19. All vehicles traveling on Park District land shall be limited to speeds not to exceed 15 MPH. All vehicles shall yield right of way to park and trail users.
20. The Permittee shall cease work in the vicinity of any archaeological resources that are revealed and notify the Park District immediately. A qualified archaeologist, retained by the Permittee, will evaluate the situation, and make recommendations to the Park District concerning the continuation of the work.
Temporary Park Access Permit
Major
PERMIT NUMBER:
025T-25
All resulting recommendations shall be incorporated in the work at no additional cost to the Park District.
21. The Permittee is responsible for meeting all requirements of the California Public Resources Code, Sections 4427 and 4431. See page 5 “California Public Resources Code, Sections 4427 and 4431.”
22. Fire Season Restrictions typically apply to projects in p arklands from April Through November. See attached “East Bay Regional Park District Fire Season Restrictions.”
23. Permittee shall review Conditions of this Permit with all employees and subcontractors prior to any work.
24. This Permit allows temporary trail or road closure only where allowed by Park Supervisor.
25. The worksite shall be enclosed by suitable barricades, fencing, signs, and lights, as approved by Park District Representative, to warn and protect public and traffic effectively.
26. Excavations made within the limits of the parklands shall be backfilled or securely covered before leaving work for the night.
27. Permittee shall provide the Park District with copies of any reports or findings made as a result of this access.
28. Permittee shall provide the Park District with GIS data for any underground or above ground utilities installed or repaired under this Permit. The data shall be provided in the ESRI Shapefile format (.shp).
29. Smoking and/or vaping is prohibited on Park District property.
30. This Permit does not authorize tree trimming or tree removal , unless specified in the attached “Supplementary Conditions.”
31. Inspections, Project Close Out & Final Inspection
• A Park District Representative, Contract & Access Permit Supervisor or assigned Inspector (“Park District Representative”) shall inspect the site for compliance of Permit Conditions. • At the end of the project, The Park District Representative and Permittee’s Representative shall schedule an onsite inspection to establish a Contractor’s punch list for returning the land to conditions acceptable to the Park District. The Park District Representative shall have final authority in making a determination that land has been returned to an acceptable condition. • Final inspection can be scheduled by contacting the Park Supervisor.
32. Deposit. A deposit of two (2) times the total fees may be collected prior to commencement of work.
All or some of the required deposit may be retained for violation of any of the Conditions of this Permit, and/or for payment of assessed penalties. Within 30 days of a satisfactory inspection by the Park District Representative, the deposit will be refunded.
33. Penalties. Following Permit issuance, any violation of Permit Conditions shall be subject to a penalty of $1,500 plus two (2) times the Permit Fees plus staff cost per day.
34. A copy of this fully executed Temporary Park Access Permit must be on site at all times and presented to East Bay Regional Park District personnel upon request.
Subject to the above Conditions and Supplementary Conditions, Temporary Park Access P ermit 025T- 25 is hereby issued to provide access to Crown Beach for the purpose of:
To install four overflow inlets on four storm outfalls between Shell Gate Road and Willow Street and rehabilitate the four outfalls from Shoreline Drive to the newly installed inlets, using a trenchless methodology.
Fire Restrictions apply. See EBRPD Fire Season Restrictions below.
Supplementary Conditions: S01 – S02 (Page 9)
Temporary Park Access Permit
Major
PERMIT NUMBER:
025T-25
INSURANCE REQUIREMENTS
Prior to the commencement of work , the Permittee, Permittee’s Contractor, and any Subcontractor(s) shall provide and maintain:
1. Commercial General Liability Insurance, occurrence form, with a limit of not less than $2,000,000 for each occurrence . If such insurance contains a general aggregate limit, either it shall apply separately to this Temporary Park Access Permit or be no less than two (2) times the occurrence limit.
2. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000 for each occurrence. Such occurrence shall include coverage for owned, hired and non -owned automobiles.
3. Builder’s Risk, Special Hazards, or other coverage may be required, as provided in the Supplementary Conditions or other written communication from the East Bay Regional Park District (“Park District”).
4. General Provisions for all insurance:
a. All insurance shall include the Park District, its elected and appointed officers, employees, and volunteers as additional insureds with respect to this Temporary Park Access Permit and the performance of the Description of Project/Activity on the Temporary Park Access Permit and Permit Application. The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds. b. General liability insurance shall b e primary and non- contributory with respect to any insurance or self- insurance programs of the Park District , its boards, commissions, officers, agents, employees, and volunteers.
c. All insurance shall be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance. d. In addition to requiring that the Permittee, Permittee’s Contractor, and any Subcontractor(s) provide an insurance certificate showing the levels and types of coverage required for the project or contract, the Park District also requires the Permittee, Permittee’s Contractor, and any Subcontractor(s) to provide the Park District with a copy of the actual endorsements (a document that modifies the terms of the underlying policy and is issued by the insurance company itself, rather than a broker) to the commercial, general, automobile, and excess liability insurance policies that show the Park District, its boards, commissions, officers, agents, and employees have been named as additional insureds by the insurers.
e. If the Permittee, Permittee’s Contractor , and any Subcontractor(s) maintain broader coverage and/or higher limits than the minimums shown above, the District requires and will be entitled to the broader coverage and/or higher limits maintained by the Permittee, Permittee’s Contractor, and any Subcontractor(s).
5. Workers Compensation Insurance: Statutory coverage for Workers' Compensation Employer's Liability ($500,000 per accident). Workers' Compensation shall comply with California Labor Code Section 3700 and contain a waiver of subrogation in favor of the Park District.
6. No changes in insurance may be made without the approval of the Park District.
7. Notice of Cancellation. The Park District requires thirty (30) days written notice of cancellation of any insurance required by this Permit. Additionally, the notice statement on the certificate should not include the wording “endeavor to” or “but failur e to mail such notice shall impose no obligation or liability upon the company, its agents or representatives” (or similar wording).
California Public Resources Code, Sections 4427 and 4431.
SECTION 4427. During any time of the year when burning permits are required in an area pursuant to this article, no person shall use or operate any motor, engine, boiler, stationary equipment,
Temporary Park Access Permit
Major
PERMIT NUMBER:
025T-25
welding equipment, cutting torches, tarpots, or grinding devices from which a spark, fire, or flame may originate, which is located on or near any forest -covered land, brush-covered land, or grass- covered land, without doing both of the following:
(a) First clearing away all flammable material, including snags, from the area around such operation for a distance of 10 feet.
(b) Maintain one serviceable round point shovel with an overall length of not less than forty- six (46) inches and one backpack pump water -type fire extinguisher fully equipped and ready for use at the immediate area during the operation.
This section does not apply to portable power saws and other portable tools powered by a gasoline-fueled internal combustion engine.
SECTION 4431. During any time of the year when burning permits are required in an area pursuant to this article, no person shall use or operate or cause to be operated in the area any portable saw, auger, drill, tamper, or other portable tool powered by a gasoline -fueled internal combustion engine on or near any forest -covered land, brush-covered land, or grass -covered land, within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the saw or tool, for firefighting purposes one serviceable round point shovel, with an overall length of not less than 46 inches, or one serviceable fire extinguisher. The Director of Forestry and Fire Protection shall by administrative regulation specify the ty pe and size of fire extinguisher necessary to provide at least minimum assurance of controlling fire caused by use of portable power tools under various climatic and fuel conditions.
The required fire tools shall at no time be farther from the point of operation of the power saw or tool than 25 feet with unrestricted access for the operator from the point of operation.
Temporary Park Access Permit
Major
PERMIT NUMBER:
025T-25
EAST BAY REGIONAL PARK DISTRICT FIRE SEASON RESTRICTIONS Sections 01.16-01.19
The East Bay Regional Park District (EBRPD) restricts activities that can be performed in the parks during the fire season based on the level of fire danger. EBRPD typically announces the start of the Fire Season in May of each year and usually doesn’t end the season until November, depending on weather and fuel conditions. This section applies to work occurring during the declared Fire Season and during any Level I, Level II, or Red Flag conditions. It is the responsibility of the Contractor to follow these requirements and to contact the District Representative for clarification.
01.16 General Fire Season Requirements
.1 No smoking or vaping: on the East Bay Regional Park District property. .2 Emergency Notification: Contractors shall maintain at least one working cell phone, radio, or satellite phone capable of communicating in case of an emergency, such as medical or fire incident. In an emergency, call 911 then notify the EBRPD Communications Center by calling 510-881-1833. .3 Vehicle use: Contractor must remain on improved roads when driving between work sites. No cross country or off-road driving is permitted. All vehicles must be parked on paved or dirt improved areas near the work site to minimize igniting grass.
.4 Spark Arresters: Spark arresters affixed to the exhaust system of engines or vehicles shall not be mounted in a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
.5 Fueling Equipment: When fueling equipment, allow it to cool in an area where there is no flammable vegetation that can be ignited by the hot exhaust, preferably in a dirt or paved area.
.6 Equipment Requirements mobile/on -site: Provide at least one serviceable round-point shovel with an overall length of not less than 46 inches and one five-gallon water fire extinguisher or backpack pump. Unless otherwise noted, The Contractor shall provide and maintain a fire pump with a minimum of 350 gallons of water and a 1-inch hose line in the immediate work area. The hose line must be a minimum of 50 feet in length with an adjustable combination nozzle that can provide a fog pattern and straight stream capability of 50 gallons per minute.
.7 Fire Department monitoring: An EBRPD Fire Department representative may be on-site for initial start of work and may make periodic inspections. .8 Applicable laws and Regulations: California Public Resource Code Sections 4442 & 4443 Spark arrester & muffler requirements; 4427 Clearance & equipment requirements. California Health and Safety Code Sections 13001 Causing Fire; 13005 Use of Hydrocarbon Engine without Exhaust Spark Arrester; 13007 & 13009 liability.
01.17 The Park District will determine when weather and wildland fuel conditions increase fire danger to Very High (Level 1) or Extreme (Level 2) in certain Fire Danger
Temporary Park Access Permit
Major
PERMIT NUMBER:
025T-25
Rating Areas (FDRA’s) on a daily basis. The District’s Fire Danger Rating Areas Map and park locations can be found on the District’s website at:
https://www.ebparks.org/public-safety/fire/fire-danger-levels-restrictions
The Contractor shall check the Park District’s website or call the recorded phone message at 510-544-3059 to check if there are any Level 1, Level 2 Restrictions or park closures resulting from a Red Flag Warning issued by the National Weather Service (Section 01.18).
Information is updated by 6:00 pm for the following day.
.1 EBRPD Fire Season Level 1 Restrictions, Very High Fire Danger
1. Vehicles are restricted to driving only on designated roadways; no cross-country or off-road driving is permitted.
2. No use of combustion powered equipment ( e.g., mowers in rough areas, weed eaters, chain saws, welders and generators) outside of irrigated areas, designated campgrounds or developed recreational areas is allowed unless the Extra Protection Fire Safety Measures listed below (Section 01.19) are implemented.
3. Maintenance of irrigated areas and road grading are permitted.
4. Prepare and check all fire equipment for readiness.
.2 EBRPD Fire Season Level 2 Restrictions, Extreme Fire Danger
1. Vehicles are restricted to driving only on designated roadways; no cross-country or off-road driving is permitted.
2. No use of combustion powered equipment ( e.g., mowers in rough areas, weed eaters, chain saws, welders, and generators) outside of irrigated areas, designated campgrounds or developed recreational areas is allowed unless the Extra Protection Fire Safety Measures listed below (Section 01.19) are implemented.
3. Prepare and check all fire equipment daily for readiness.
01.18 National Weather Service Red Flag Warning: NO work within or adjacent to grass, bush or forest covered areas shall occur within 24 hours of a predicted red flag event as determined by the National Weather Service: https://www.weather.gov
.1 Red Flag Warning and Reduced Suppression Resources
1. The park will be closed, and no Contractor access will be allowed, during Red Flag conditions when EBRPD Fire Department has determined that adequate fire suppression resources are not available.
2. Park closures will be noted on the Park District website and recorded message as listed above (Section 01.17).
.2 A representative of the EBRPD Fire Department or other fire jurisdiction having authority may direct work to stop at any time.
01.19 Extra Protection Fire Safety Measures : The Contractor shall submit an Extra Protection Fire Safety Measures Plan clearly describing how the measures below will be
Temporary Park Access Permit
Major
PERMIT NUMBER:
025T-25
implemented. No welding, cutting, grading, grinding, and mowing (WCGGM) , or other activity potentially creating a fire hazard, is allowed until this plan has been approved by the Park District. The following is intended as a guideline for the operational procedures to be used by Contractors when performing WCGGM, within or adjacent to grass, bush or forest covered areas at any time during the fire season in the Park District:
.1 Weather sampling: Prior to commencement of WCGGM, a weather sampling shall be conducted at the work site utilizing a weather device such as “Kestrel,” capable of monitoring temperature, wind, and relative humidity (RH). .2 Additional weather samplings: will be conducted every two (2) hours thereafter until completion of the operation.
1. Temperature: If the ambient temperature reaches 80 degrees Fahrenheit at any time during the operation, weather sampling must be taken hourly.
2. In the event that the following readings are noted, WCGGM OPERATIONS WILL CEASE IMMEDIATELY when the ambient air temperature reaches 80 degrees Fahrenheit or above,
AND either:
1. The relative humidity is at or below 30 percent,
OR
2. Sustained wind speeds reach 10 mph or higher
3. Note that adjusting to an earlier scheduled work time may be necessary to avoid the worsening afternoon fire conditions.
4. The Contractor shall record the Relative Humidity (RH), ambient temperature and wind speed into a daily log.
.3 Active fire monitoring during welding, cutting, or grinding operations:
Contractor is required to provide active fire monitoring, which minimally consists of a non-divertible fire pump with a minimum of 350 gallons of water and a 1 -inch hose line in the immediate work area. The hose line must be a minimum of 50 feet in length with an adjustable combination nozzle that can provide a fog pattern and straight stream capability of 50 gallons per minute. .4 Wetting area during cutting, grinding, or welding: Contractor must adequately wet the work area with water utilizing a water truck or equivalent portable water source to eliminate potential fire ignition. Contractors must also monitor the area for drying conditions, apply additional water as necessary and monitor work area for any signs of fire ignition following WCGGM operations. .5 Fire clearance during cutting, grinding, or welding: Contractor must provide a minimum of 20 feet of fire clearance around each welding area with a fireproof barrier and/or clearing down to bare soil.
.6 Active fire watch during mowing or grading operations: Contractor shall provide active fire patrol following behind the mower or ground engaging equipment (grader, dozer, etc.), which minimally consists of a non -divertible pickup truck equipped with a fire pump with a minimum of 350 gallons of water with a 1 -inch hose line, staffed with at least one person in the pickup truck. The hose line must be a minimum of 100 feet in length with an adjustable combination nozzle that can provide a fog pattern and straight stream capability of 50 gallons per minute.
Temporary Park Access Permit
Major
PERMIT NUMBER:
025T-25
All Supplementary
Conditions
The purpose of the Supplementary Conditions is to amend the Temporary Park Access (TPA) Permit Conditions to establish certain conditions to the control and execution of this TPA Permit. By signing the TPA Permit, Permittee acknowledges that it has read, and agrees to be bound by all permit conditions, including but not limited to the Supplementary Conditions contained herein.
S01 ACCESS
Permittee, Permittee’s Contractors, and any Subcontractor(s) construction window is between April 16 – September 1, 2026 due to Snowy Plovers in the project areas.
S02
PROFESSIONAL
AND POLLUTION
LIABILITY
The District will waive the Permittee’s requirement to carry Professional Liability and/or Pollution Legal Liability Insurance if neither are procured and maintained.
However, the Permittee must ensure that the Contractor and any subcontractors performing professional services (such as engineering, surveying, or design) carry Professional Liability Insurance. Permittee must also ensure that the Contractor and any subcontractors conducting field activities that involve digging, transporting hazardous materials, or similar operations carry Pollution Liability Insurance. All applicable Contractors and subcontractors must name both the East Bay Regional Park District (as site owner) and the Permittee as Additional Insured on their respective policies. These requirements will be included as conditions in the final permit.
PERFORMANCE BOND
Contract No.: _________
Bond No.: ___________
K
NOW ALL PERSONS BY THESE PRESENTS,
T
HA T WHEREA S, the City of Alameda, (“City” as the primary Obligee) has awarded to ______________________________ (“Principal”), _________________________ (as amended from time to time, the “Contract”), which Contract is specifically incorporated by reference in this bond, for _______________________________________ ________________________________Project (the “Project”); A
ND WHEREA S, it is one of the conditions of the Contract that these presents shall be executed;
NO
W THEREFORE, we the undersigned Principal and _______________________ _________________ (the “Surety”), an admitted surety insurer in the State of California, are held and firmly bound unto the City, in the sum of _______________________
_______________ Dollars ($______________), we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally firmly by these presents.
[
REMOVE THE ADDITIONAL OBLIGEE PORTION IF IT IS NOT NEEDED FOR YOUR PROJECT] THE CONDITION OF THIS OBLIGA TION IS SUCH THA T:
1. T
he Contract is incorporated by reference in this Bond. Unless the context otherwise requires, capitalized terms used but not separately defined in this Bond have the meaning given to them in the Contract.
2. I
f the Principal, or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform all covenants, conditions, agreements, obligations and work under the Contract, including any and all amendments, supplements, and alterations made to the Contract as therein provided, on Principal’s part to be kept and performed at the time and in the manner therein specified, and shall indemnify, defend and save harmless the City and all other Indemnified Parties, as therein stipulated, then this obligation shall become and be null and void; otherwise, it shall be and remain in full force and effect.
3. T
his Bond shall cover the cost to perform all the obligations of the Principal pursuant to the Contract.
Attachment B
4. The obligations covered by this Bond specifically include the performance of each and every obligation of Principal under the Contract including its liability for Liquidated Damages and warranties as specified in the Contract, but not to exceed the Bonded Sum.
5. The Surety agrees that no change, extension of time, alterations, additions, omissions or other modifications of the terms of any of the Contract, or in the work to be performed with respect to the Project, or in the specifications or plans, or any change or modification of any terms of payment or extension of time for any payment pertaining or relating to any of the Contract, or any rescission or attempted rescission of this Bond, solely due to acts of Principal, or any fraud practiced by any other person other than the City seeking to recover from this Bond, shall in any way affect its obligations on this Bond, and it hereby waives notice of such changes, extension of time, alterations, additions, omissions or other modifications.
6. The Surety agrees that payments made to contractors and suppliers to satisfy claims on the payment bond do not reduce the Surety’s legal obligations under this Bond. Payments made to contractors or suppliers under any agreement where the Surety has arranged for completion of the work to satisfy this Bond will not be considered payment bond claims.
7. Whenever Principal is in default under the Contract, provided that the City is not then in material default under the Contract, the Surety shall promptly:
(a) remedy such default, or
(b) complete the work and perform the obligations covered by this Bond in accordance with the terms and conditions of the Contract then in effect, or
(c) select a contractor or contractors to complete all work and perform all obligations covered by this Bond for which a notice to proceed has been issued in accordance with the terms and conditions of the Contract, using a contractor or contractors approved by the City (provided, however, that the Surety may not select Principal or any affiliate of Principal to complete the work and perform the obligations for and on behalf of the Surety without the City’s express written consent, in its sole discretion), arrange for a contract that contains substantially the same terms and conditions of the Contract between such contractor or contractors and the City, and make available as work progresses (even though there should be a default or a succession of defaults under such contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the unpaid balance of the Contract Price; but not exceeding, incl uding other costs and damages for which the Surety is liable hereunder, the Bonded Sum.
8. If Surety does not proceed as provided in Paragraph 7 of this Bond with reasonable promptness, Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the City to Surety demanding that Surety perform its obligations under this Bond, and the City shall be entitled to enforce any remedy available to the City.
9. The guarantees contained herein shall survive Final Acceptance of the Work called for in the Contract with respect to those obligations of Principal which survive such Final Acceptance.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ____ day of
, 20 .
NOTE: Signatures of those executing for the Surety must be properly acknowledged, and a Power of Attorney attached.
Correspondence or claims relating to this Bond
should be sent to the Surety (or Sureties at the
following address:
(Principal’s name, title, and signature)
Surety
By:
Attorney-in-Fact
CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On before me, , a 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 (Seal)
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.
.
PAYMENT BOND
Contract No.: __________
Bond No.
KNOW ALL PERSONS BY THESE PRESENTS,
THA T WHEREA S, the City of Alameda (“the City” as the primary obligee) has awarded to ___________________________________ (“Principal”), a __________________ Contract (as amended from time to time, the “Contract”) for the __________________________________________________ (the “Project”);
A ND WHEREA S, it is one of the conditions of the Contract that these presents shall be executed;
NOW THEREFORE, we the undersigned Principal and __________________________ _______________(the “Surety”), an admitted surety insurer in the State of California, are held and firmly bound unto the City, in the sum of __________________________ Dollars ($_______________), we bind ourselves, our heirs, successors, executors, administrators, and assigns, jointly and severally firmly by these presents.
[{REMOVE THE ADDITIONAL OBLIGEE PORTION IF IT IS NOT NEEDED FOR YOUR PROJECT] THE CONDITION OF THIS OBLIGA TION IS SUCH THA T:
1. The Contract is incorporated by reference in this Bond. Unless the context otherwise requires, capitalized terms used but not separately defined in t his Bond have the meaning given to them in the Contract. If said Principal, or its subcontractors, or their respective heirs, executors, administrators, successors or assigns, shall fail to pay:
(a) any of the persons named in California Civil Code section 9100 involved in prosecution of the Work, including the design and engineering services or construction services, as provided for in the Contract, or
(b) any amounts due under the Unemployment Insuranc e Code, with respect to work or labor performed by such claimant under the Contract or subcontracts, or
(c) any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Principal and its subcontractors pursuant
.
to Revenue and Taxation Code Section 18662 et seq. with respect to such work and labor, or
(d) anyone required to be paid by law,
then the Surety herein shall pay for the same, in an aggregate amount not exceeding the sum specified in this Bond, otherwise the above obligation shall be null and void. In case suit is brought upon this Bond, the Surety will pay reasonable attorney’s fee to be fixed by the court.
2. This Bond shall inure to the benefit of any of the persons named in Civil Code section 9100 or anyone required to be paid by law under the Contract so as to give a right of action to such persons or their assigns in any suit brought upon this Bond.
3. The Surety agrees that no change, extension of time, alterations, additions, omissions or other modifications of the terms of the Contract, or in the work to be performed with respect to the Project, or in the specifications or plans, or any change or modification of any terms of payment or extension of time for any payment pertaining or relating to the Contract, or any rescission or attempted rescission of this Bond, solely due to acts of Principal, or any fraud practiced by any other person other than the claimant seeking to recover from this Bond, shall in any way affect its obligations on this Bond, and it hereby waives notice of such changes, extension of time, alterations, additions, omissions or other modifications.
4. This Bond shall cover all payment obligations under the Contract.
.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of
, 20___.
NOTE: Signatures of those executing for the Surety must be properly acknowledged, and a Power of Attorney attached.
Correspondence or c laims relating to this Bond
should be sent to the Surety (or Sureties at the
following address:
(Principal’s name, title, and signature)
Surety
By:
Attorney-in-Fact
.
CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On before me, , a 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 (Seal)
A notary public or other officer com pleting this certificate verifies only the identity of the individual who si gned the docum ent to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.