March 15, 2022 Dublin City Council Regular Meeting Agenda 1
COUNCILMEMBERS City Council Chamber
Melissa Hernandez, Mayor Dublin Civic Center
Jean Josey, Vice Mayor 100 Civic Plaza
Shawn Kumagai, Councilmember Dublin, CA 94568
Dr. Sherry Hu, Councilmember www.dublin.ca.gov
Michael McCorriston, Councilmember
Regular Meeting of the
DUBLIN CITY COUNCIL
Tuesday, March 15, 2022 Location: City Council Chamber
100 Civic Plaza
Dublin, CA 94568
REGULAR MEETING 7:00 PM
Pursuant to Government Code §54953(b), this meeting will include a remote location at the Rose Garden Boardroom, Marriott Marquis, 901 Massachusetts Ave NW, Washington, DC 20001. Vice Mayor Josey will be attending the Regular Meeting remotely. The public shall have the opportunity to address the City Council at this remote location pursuant to Government Code Section §54954.3. All votes during the remote session will be conducted by roll call vote. The remote location is accessible to the public and the agenda will be posted at the teleconference location 72 hours before the meeting.
Additional Meeting Procedures Available During the COVID-19 Pandemic
This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings
Members of the public who wish to participate in the meeting electronically have the option of giving public comment via Zoom, subject to the following procedures:
Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, March 15, 2022. Upon submission, you will receive Zoom link information from the City Clerk. Speakers slips will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non-agenda items is closed.
Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform.
When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom.
1 March 15, 2022 Dublin City Council Regular Meeting Agenda 2
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ORAL COMMUNICATIONS
3.1 Remarks from Doireann O’Brien, Vice Consul of Ireland-Western United States The City Council will receive remarks from Doireann O’Brien, Vice Consul of Ireland- Western United States.
STAFF RECOMMENDATION:
Welcome the Vice Consul of Ireland-Western United States.
Staff Report
3.2 2021 Volunteer Recognition Winners
The City Council will recognize the City of Dublin 2021 Citizen, Young Citizen, and Organization of the Year, and the 2022 Mayor's Award and Mayor's Legacy Award recipients.
STAFF RECOMMENDATION:
Present the Certificates of Recognition.
Staff Report
3.3 Arts Education Month (March 2022) & Arts, Culture, and Creativity Month (April 2022) Proclamation and Recognition of Janet Lockhart and Claudia McCormick The City Council will present the following proclamation in the City of Dublin: Arts Education Month (March 2022) & Arts, Culture, and Creativity Month (April 2022). The City Council will also recognize Janet Lockhart and Claudia McCormick for their contributions to the arts in the City of Dublin.
STAFF RECOMMENDATION:
Present the proclamation and certificates of recognition.
Staff Report
Attachment 1 - Art is Education Month (March 2022) & Arts, Culture, and Creativity Month (April 2022) Proclamation
Attachment 2 - Certificate of Recognition - Janet Lockhart Attachment 3 - Certificate of Recognition - Claudia McCormick
3.4 Employee Introduction
New City of Dublin Staff member, Jeff Gallegos, Code Enforcement Officer with Community Development, will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff member.
Staff Report
3.5 Public Comment
At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The 2 March 15, 2022 Dublin City Council Regular Meeting Agenda 3
exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2 (b)(1)(2)(3).
4. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item.
4.1 Approval of the March 1, 2022 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the March 1, 2022 Regular City Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the March 1, 2022 Regular City Council Meeting.
Staff Report
Attachment 1 - March 1, 2022 Regular City Council Meeting Minutes
4.2 Artwork Selection – 40th Anniversary Temporary Public Art Lawn Display The City Council will consider approving the selections for the 40th Anniversary Temporary Public Art Lawn Display.
STAFF RECOMMENDATION:
Approve the 40th Anniversary Temporary Public Art Lawn Display proposals as recommended by the Heritage and Cultural Arts Commission.
Staff Report
Attachment 1 - Design Proposals
4.3 City Proclamations for the Month of April
The City Council will consider the following proclamations for the month of April in the City of Dublin: Arbor Day, Child Abuse Prevention Month, Donate Life Month, Fair Housing Month, Financial Capability Month, Second Chance Month, Sexual Assault Awareness and Prevention Month, and Library Week.
STAFF RECOMMENDATION:
Approve the proclamations.
Staff Report
Attachment 1 - Arbor Day Proclamation
Attachment 2 - Child Abuse Prevention Month Proclamation Attachment 3 - Donate Life Month Proclamation
Attachment 4 - National Fair Housing Month Proclamation Attachment 5 - Financial Capability Month Proclamation
Attachment 6 - Second Chance Month Proclamation
Attachment 7 - Sexual Assault Awareness and Prevention Month Proclamation Attachment 8 - Library Week Proclamation
4.4 Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from February 1, 2022 - February 28, 2022 totaling $9,030,040.83.
STAFF RECOMMENDATION:
Receive the report.
Staff Report
Attachment 1 - Payment Issuance Report for February 2022 3 March 15, 2022 Dublin City Council Regular Meeting Agenda 4
4.5 Memorandum of Agreement with Fort Hunter Liggett on the Relocation of the Historic Camp Parks Sign and Approval of Agreement with Page and Turnbull for Design Services
The City Council will consider approving a Memorandum of Agreement with Fort Hunter Liggett memorializing a collaboration on the restoration/rehabilitation and relocation of the historic Camp Parks entrance sign and guard shack and approving an agreement with Page and Turnbull for design services for the project.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Memorandum of Agreement with Fort Hunter Liggett for Historic Camp Parks Sign Relocation and adopt the Resolution Approving a Consulting Services Agreement with Page and Turnbull for Design Services for the Restoration/Rehabilitation and Relocation of the Historic Camp Parks Entrance Sign and Guard Shack.
Staff Report
Attachment 1 - Resolution Approving a Memorandum of Agreement with Fort Hunter Liggett for Historic Camp Parks Sign Relocation
Attachment 2 - Exhibit A to the Resolution - Memorandum of Agreement Between the City of Dublin and Fort Hunter Liggett for Historic Camp Parks Sign Relocation Attachment 3 - Resolution Approving a Consulting Services Agreement with Page and Turnbull for Design Services for the Restoration/Rehabilitation and Relocation of the Historic Camp Parks Entrance Sign and Guard Shack
Attachment 4 - Exhibit A to the Resolution - Consulting Services Agreement Between the City of Dublin and Page and Turnbull for Design Services for the Restoration/Rehabilitation and Relocation of the Historic Camp Parks Entrance Sign and Guard Shack
4.6 Approval of the Cities of Dublin and Pleasanton Disaster Debris Management Plan The City Council will consider approving the Cities of Dublin and Pleasanton Disaster Debris Management Plan.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Cities of Dublin and Pleasanton Disaster Debris Management Plan.
Staff Report
Attachment 1 - Resolution Approving the Cities of Dublin and Pleasanton Disaster Debris Management Plan
Attachment 2 - Exhibit A to the Resolution - Cities of Dublin and Pleasanton Disaster Debris Management Plan
4.7 Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related State 2 Development Plan and CEQA Findings for the East Ranch Project
The City Council will consider adopting an Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project. The first reading of the Ordinance was held on March 1, 2022 Regular City Council Meeting.
The City Council is now being asked to waive the second reading and adopt the Ordinance.
4 March 15, 2022 Dublin City Council Regular Meeting Agenda 5
STAFF RECOMMENDATION:
Waive the reading and adopt the Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related Statge 2 Development Plan and CEQA Findings for the East Ranch Project PLPA 2020- 00028 (APNs 905-0002-001-01 and 905-0002-002-00).
Staff Report
Attachment 1 - Ordinance Repealing Ordinance No. 11 -21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project
4.8 Annual Progress Report on the Status of the General Plan and Housing Element for Calendar Year 2021
State planning law (Government Code Section 65400) requires local jurisdictions to provide an Annual Progress Report (APR) on the implementation of the General Plan Housing Element as well as General Plan activities each year to the Governor’s Office of Planning and Research and California Department of Housing and Community Development. This Staff Report, including Attachment 1 (Housing Element APR Tables), serves as the City of Dublin’s APR for calendar year 2021.
STAFF RECOMMENDATION:
Receive the Annual Progress Report and direct Staff to forward it to the Governor’s Office of Planning and Research and California Department of Housing and Community Development.
Staff Report
Attachment 1 - Housing Element Annual Progress Report Tables
4.9 Fiscal Year 2021-22 2nd Quarter Financial Review
The City Council will receive a financial report through the second quarter for Fiscal Year 2021-22 and consider amendments to the Fiscal Year 2021-22 Budget via a budget change.
STAFF RECOMMENDATION:
Receive the report and approve the budget change.
Staff Report
Attachment 1 - General Fund Summary Q2 FY 2021-22
Attachment 2 - General Fund Reserves Q2 FY 2021-22
Attachment 3 - General Fund Transfers Out Q2 FY 2021-22 Attachment 4 - Budget Change Q2 FY 2021-22
4.10 Waterslide Repairs at The Wave
The City Council will consider approving an agreement with Safe Slide Restoration for waterslide repairs at The Wave without conducting a formal public bid process.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with Safe Slide Restoration for Waterslide Repairs at The Wave Without Conducting a Formal Public Bid Process.
Staff Report
Attachment 1 - Resolution Approving an Agreement with Safe Slide Restoration For Waterslide Repairs at the Wave without Conducting a Formal Bid Process Attachment 2 - Exhibit A to the Resolution - Contractor Services Agreement with Safe Slide Restoration
5 March 15, 2022 Dublin City Council Regular Meeting Agenda 6
4.11 Parks and Recreation Master Plan Update - Public Hearing Continuation The City Council is being asked to continue the Public Hearing for the Parks and Recreation Master Plan to a future date uncertain.
STAFF RECOMMENDATION:
Continue the Public Hearing for the Parks and Recreation Master Plan to a future date uncertain.
Staff Report
5. WRITTEN COMMUNICATION – None.
6. PUBLIC HEARING
6.1 Senate Bill 9 Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) (PLPA-2021-00050)
The City Council will consider amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) to implement Senate Bill 9 (SB 9), the California Housing Opportunity and More Efficiency (HOME) Act, which allows homeowners to split their single-family lot and/or build additional units. The proposed amendments would regulate the number and type of residential units, establish affordability requirements, and establish objective design and development standards for projects allowed by SB 9. The City Council will also consider amending the City’s Master Fee Schedule pertaining to Zoning Clearances for SB 9 Unit Developments. Staff recommends finding the amendments to the DMC statutorily exempt from the California Environmental Quality Act.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and take the following actions: 1) waive the reading and INTRODUCE the Ordinance Approving Amendments to Dublin Municipal Code Title 8 (Zoning) and 9 (Subdivisions) to Implement Senate Bill 9 Effective Citywide; and 2) adopt the Resolution Amending the Master Fee Schedule by Establishing One New Application Fee, Based on Time and Materials, for Zoning Clearances for SB 9 Unit Developments.
Staff Report
Attachment 1 - Ordinance Approving Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) to Implement Senate Bill 9 Effective Citywide Attachment 2 - Redlines of Proposed Dublin Municipal Code Amendments Attachment 3 - Resolution Amending the Master Fee Schedule by Establishing One New Application Fee, Based on Time and Materials, for Zoning Clearances for SB 9 Unit Developments
Attachment 4 - Planning Commission Resolution No. 22-03 Item 6.1 - PowerPoint Presentation
7. UNFINISHED BUSINESS
7.1 Housing Element Update Check-In
The City Council will receive a status report on the Housing Element Update for the 2023- 2031 planning period, including a presentation on the updated Preliminary Sites Analysis, policy framework, and project schedule. Staff is seeking feedback from the City Council on policy direction about the Preliminary Sites Inventory. Following the meeting, Staff will finalize the sites inventory and incorporate it into the draft Housing Element. 6 March 15, 2022 Dublin City Council Regular Meeting Agenda 7
STAFF RECOMMENDATION:
Receive presentation and provide feedback on: 1) the distribution of Regional Housing Needs Allocation (RHNA) units on the additional sites; 2) the selection of sites identified in Downtown Dublin; and 3) holding Downtown RHNA units outside of the Downtown Dublin Specific Plan Development Pool.
Staff Report
Attachment 1 - City Council Staff Report, dated November 2, 2021, without attachments Attachment 2 - Sites Inventory Map
Attachment 3 - Survey Results
Item 7.1 - PowerPoint Presentation
8. NEW BUSINESS
9. OTHER BUSINESS
Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).
10. ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a)
If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability- related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting.
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, fosters new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion.
7 STAFF REPORT
CITY COUNCIL
Agenda Item 3.1
DATE: March 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Remarks from Doireann O’Brien, Vice Consul of Ireland-Western United States
Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY:
The City Council will receive remarks from Doireann O’Brien, Vice Consul of Ireland-Western United States.
STAFF RECOMMENDATION:
Welcome the Vice Consul of Ireland-Western United States.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will receive remarks from Doireann O’Brien, Vice Consul of Ireland-Western United States.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
8 STAFF REPORT
CITY COUNCIL
Agenda Item 3.2
DATE: March 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: 2021 Volunteer Recognition Winners
Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:
The City Council will recognize the City of Dublin 2021 Citizen, Young Citizen, and Organization of the Year, and the 2022 Mayor’s Award and the Mayor’s Legacy Award recipients.
STAFF RECOMMENDATION:
Present the certificates.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Annually, the City Council recognizes a Citizen, Young Citizen, and Organization who made a significant contribution toward enhancing the quality of life for the residents of Dublin during the past year. Additionally, the Mayor presents two special awards, the Mayor’s Award and the Mayor’s Legacy Award, to those she wishes to recognize for their extraordinary dedication to the community. The winners in each category, along with the Mayor’s special awards recipients, were recognized at the City’s Volunteer Recognition Event on March 3, 2022.
The City Council will formally recognize the following award recipients:
Summer Shi, 2021 Young Citizen of the Year
Steve Wright, 2021 Citizen of the Year
Breaking BEARriers, 2021 Organization of the Year
John Samples, 2022 Mayor’s Award
Eddie Jo Mack, 2022 Mayor’s Legacy Award
9
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
10 STAFF REPORT
CITY COUNCIL
Agenda Item 3.3
DATE: March 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Art is Education Month (March 2022) & Arts, Culture and Creativity Month (April 2022) Proclamation and Recognition of Janet Lockhart and Claudia McCormick
Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:
The City Council will present the following proclamation in the City of Dublin: Art is Education Month (March 2022) & Arts, Culture and Creativity Month (April 2022). The City Council will also recognize Janet Lockhart and Claudia McCormick for their contributions to the arts in the City of Dublin.
STAFF RECOMMENDATION:
Present the proclamation and certificates.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will present the following proclamation and certificates of recognition in the City of Dublin:
1. Art is Education Month (March 2022) & Arts, Culture and Creativity Month (April 2022) Proclamation
2. Certificate of Recognition – Janet Lockhart
3. Certificate of Recognition – Claudia McCormick
11
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Art is Education Month (March 2022) & Arts, Culture and Creativity Month (April 2022) Proclamation
2) Certificate of Recognition – Janet Lockhart
3) Certificate of Recognition – Claudia McCormick
12 Attachment 1
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Art is Education Month (March 2022) & Arts, Culture, and Creativity Month (April 2022)” WHEREAS, the City of Dublin celebrates the role that the arts and creativity play in helping us navigate the pandemic, amplifying the need for racial equity, and changing our lives for the better; and WHEREAS, the Dublin Arts Collective works in partnership with City Staff to support the arts and creativity in the City of Dublin as an essential part of our thriving community through services including art shows, art installations, meetings, and workshops; and
WHEREAS, the Dublin Arts Collective partners locally with the Alameda County Arts Commission, the community-building network Alameda County and City-Level Arts Partnership, and the arts education initiative CREATE Alameda County to advance the arts and creativity in our County; and
WHEREAS, Art is Education Month of March is the 22 nd annual event highlighting the important role of arts education as a core element of a high-quality and equitable education; and
WHEREAS, Arts, Culture and Creativity Month of April is the 4th annual statewide awareness and advocacy event that recognizes the crucial role of arts, culture, and creativity in the lives of everyone in California; and WHEREAS, the City of Dublin values partnering with the Dublin Arts Collective, Alameda County Arts Commission, and state- level organizations to promote unified support for the arts.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim March 2022 as Art is Education Month and April 2022 as Arts, Culture, and Creativity Month in the City of Dublin and encourages everyone to celebrate the power of the arts in our community.
DATED: March 15, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 13 Attachment 2
CERTIFICATE OF RECOGNITION
given to
JANET LOCKHART
In recognition of your years of service to the community, including your remarkable contributions in establishing the City’s Public Art Program, your continued advocacy of the arts, and your work with the School of Imagination to establish and create a permanent facility.
Presented by the
City Council of the City of Dublin
Dated: March 15, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 14 Attachment 3
CERTIFICATE OF RECOGNITION
given to
CLAUDIA MCCORMICK
In recognition of your contributions to the arts in the City of Dublin and your work preserving and celebrating the community’s history. Your work with the Dublin Arts Collective has been integral to the arts community in the City of Dublin.
Presented by the
City Council of the City of Dublin
Dated: March 15, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 15 STAFF REPORT
CITY COUNCIL
Agenda Item 3.4
DATE: March 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Employee Introduction
Prepared by: Sarah Monnastes, Human Resources Director
EXECUTIVE SUMMARY:
New City of Dublin Staff member, Jeff Gallegos, Code Enforcement Officer with Community Development, will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff member.
FINANCIAL IMPACT:
None.
DESCRIPTION:
New City of Dublin Staff member, Jeff Gallegos, Code Enforcement Officer with Community Development, will be introduced to the City Council.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
16 STAFF REPORT
CITY COUNCIL
Agenda Item 4.1
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the March 1, 2022 Regular City Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the March 1, 2022 Regular City Council Meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approval of the minutes of the March 1, 2022 Regular City Council Meeting.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) March 1, 2022 Regular City Council Meeting Minutes
DATE: March 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of the March 1, 2022 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk
17 MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
Regular Meeting: March 1, 2022
DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 1, 2022
Attachment 1
A regular meeting of the Dublin City Council was held on Tuesday, March 1, 2022 , in the City Council Chamber. The meeting was called to order at 7:00 PM., by Mayor Pro Tempore Josey.
CLOSED SESSION 6:30 PM
I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Certain property above and along the Iron Horse Trail from northern city limits to southern city limits (APNs 941-2768-6-1, 941-205-6-6, and 986-1-3-1) Agency negotiator: Linda Smith, City Manager
Negotiating parties: County of Alameda
Under negotiation: Price and terms of payment
REGULAR MEETING
1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Attendee Name Status
Melissa Hernandez, Mayor Absent
Jean Josey, Vice Mayor Present
Shawn Kumagai, Councilmember Present
Michael McCorriston, Councilmember Present
Dr. Sherry Hu, Councilmember Present
2) REPORT ON CLOSED SESSION
Mayor Pro Tempore Josey reported there was no reportable action out of Closed Session.
City Manager Linda Smith acknowledged the absence of Mayor Hernandez and noted the Mayor had expected to attend the meeting remotely and because of a miscommunication her remote attendance was not included properly on the agenda. Ms. Smith read a statement from Mayor Hernandez about the events taking place in Ukraine.
Councilmember Kumagai also made comments about the events taking place in Ukraine. 18 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 1, 2022
3) ORAL COMMUNICATIONS
3.1) Public Comment
No public comment provided.
4) CONSENT CALENDAR
Agenda Items 4.2, 4.3, and 4.4 were pulled from the Consent Calendar.
4.1) Approved the February 9, 2022 Special City Council Meeting Minutes and February 15, 2022 Regular City Council Meeting Minutes.
4.5) Waived the reading and adopted Ordinance No. 01-22 titled, "Approving the Citywide Multi-Family Objective Design Standards and Amendments to Dublin Municipal Code Chapter 8.36 (Development Regulations), Chapter 8.104 (Site Development Review), and Chapter 8.116 (Zoning Clearance)."
On motion by Councilmember Kumagai, seconded by Councilmember McCorriston, and by unanimous vote the City Council adopted Consent Calendar items 4.1 and 4.5.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Shawn Kumagai, Councilmember
SECOND: Michael McCorriston, Councilmember
AYES: Kumagai, Josey, McCorriston, Hu
ABSENT: Hernandez
4.2) Agreement for Vehicle Maintenance and Repair On-Call Services Item No. 4.2 was pulled from the Consent Calendar by Staff and will be brought back to a future meeting.
4.3) Adopted Resolution No. 18-22 titled, “Approving the Plans and Specifications, Waiving a Minor Bid Irregularity, and Awarding a Contract to Goodfellow Sequoia Joint Venture for the Iron Horse Trail Bridge at Dublin Boulevard Project (CIP No. ST0118),” and approved a budget change.
Item 4.3 was pulled from the Consent Calendar by Councilmember McCorriston to ask clarifying questions.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Michael McCorriston, Councilmember
19 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 1, 2022
SECOND: Shawn Kumagai, Councilmember
AYES: Kumagai, Josey, McCorriston, Hu
ABSENT: Hernandez
4.4) Approved the following proclamations for the month of March in the City of Dublin:
American Red Cross Month, Developmental Disabilities Awareness Month, Irish American Heritage Month, March for Meals, Colorectal Cancer Awareness Month, and Women’s History Month.
Carrie Oldes, Program Manager of Spectrum Community Services’ Meals on Wheels program accepted the March for Meals Proclamation.
RESULT: APPROVED [UNANIMOUS]
MOVED BY: Shawn Kumagai, Councilmember
SECOND: Dr. Sherry Hu, Councilmember
AYES: Kumagai, Josey, McCorriston, Hu
ABSENT: Hernandez
5) WRITTEN COMMUNICATION - None.
6) PUBLIC HEARING - None.
7) UNFINISHED BUSINESS
7.1) Status of Community Default to East Bay Community Energy Renewable 100 Power
The City Council received a presentation on the status of the default of residential accounts to Renewable 100 electricity through the City’s electricity provider, East Bay Community Energy.
By consensus the City Council directed Staff to proceed with defaulting to Renewable 100 for non-residential accounts.
8) NEW BUSINESS
8.1) Acceptance of Certification of Petition: Referendum Against Ordinance No. 11-21 Regarding the East Ranch Project and Required Elections Code Actions Received presentation regarding the City Clerk’s Certificate of Petition certifying the sufficiency of the referendum petition against Ordinance No. 11-21 regarding the East Ranch Project and either repealing Ordinance No. 11-21 or submitting Ordinance No. 11-21 to the qualified voters of the City of Dublin.
20 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 1, 2022
On motion by Councilmember Kumagai, seconded by Councilmember McCorriston, and by unanimous vote the City Council accepted the City Clerk’s Certificate of Petition and introduced by title and waived the first reading of the Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Shawn Kumagai, Councilmember
SECOND: Michael McCorriston, Councilmember
AYES: Kumagai, Josey, McCorriston, Hu
ABSENT: Hernandez
8.2) Discussion Regarding City Council Salaries
By consensus, the City Council directed Staff to bring back an ordinance for introduction that provides the allowable increase of 5% for each calendar year and increasing the Mayor's additional salary to $150 per month.
8.3) Designation of Agency Labor Negotiators, Unrepresented Employee: City Manager and Unrepresented Employee: City Attorney
On motion by Mayor Pro Tempore Josey, seconded by Councilmember Kumagai, and by unanimous vote, Mayor Hernandez and Councilmember Hu were designated as agency labor negotiators for the City Attorney, and Councilmember McCorriston and Vice Mayor Josey were designated as agency labor negotiators for the City Manager.
RESULT: APPROVED [UNANIMOUS]
MOVED BY: Jean Josey, Mayor Pro Tempore
SECOND: Shawn Kumagai, Councilmember
AYES: Kumagai, Josey, McCorriston, Hu
ABSENT: Hernandez
9) OTHER BUSINESS
The City Council and Staff provided brief information-only reports, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 10) ADJOURNMENT
Mayor Pro Tempore Josey called for a moment of silence and adjourned the meeting at 9:08 p.m. in memory of those that have lost their lives in the Ukraine war. 21 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 1, 2022
Mayor Pro Tempore
ATTEST:
City Clerk
22 STAFF REPORT
CITY COUNCIL
Agenda Item 4.2
DATE: March 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Artwork Selection – 40th Anniversary Temporary Public Art Lawn Display Prepared by: Tyler Phillips, Heritage and Cultural Arts Supervisor EXECUTIVE SUMMARY:
The City Council will consider approving the selections for the 40th Anniversary Temporary Public Art Lawn Display.
STAFF RECOMMENDATION:
Approve the 40th Anniversary Temporary Public Art Lawn Display proposals as recommended by the Heritage and Cultural Arts Commission.
FINANCIAL IMPACT:
The temporary art program is funded by the Public Art Fund. The budget for this temporary art project is $20,000.
DESCRIPTION:
In October 2019, the City Council approved an annual temporary art display program. Each year, Staff works with the Heritage and Cultural Arts Commission (HCAC) to identify the program elements to be incorporated. Per the Public Art Master Plan, all public artworks require approval by the City Council and must be produced by a professional artist or by a student artist under the direction of a professional artist.
At is November 10, 2021 meeting, the HCAC provided feedback and comments to finalize this year’s temporary public art program. The identified lawn display project theme will be “Dublin’s 40th Anniversary,” with artwork being placed in locations that are highly visible. If approved, there would be a max artist stipend of $5,000, community involvement in the creation of the artworks would be highly encouraged, and displays will allow for interaction and engagement. 23
On December 16, 2021, Staff issued a Call for Artists seeking design proposals. The open call was publicized through normal City channels (website, social media, etc.) as well as via email to a list of past artists, previous known artists, registrants in the Cultural Arts Database, nearby cities with public art programs, and the California Cultural Arts Council website. The deadline to apply was January 31, 2022.
The City received responses from 14 qualified artists during the open submission period. At its February 11, 2022 meeting, the HCAC reviewed the proposals and recommended four designs to the City Council for approval.
The recommended proposals are from Thomasin Dewhurst titled “Light Works Shadow Play,” Kelsey Hubbard titled “Celebration,”Trent Thompson titled “Rotating Shapes,” and Sawsan Wolski/Vanessa Thomas titled “We are Dublin.” These proposals are included as Attachment 2.
The HCAC also identified the Dublin Civic Center, Library, Shannon Community Center, and The Wave as the preferred display locations. Staff will work with the individual artists to determine which location is best suited for each display. It is anticipated that artworks will be unveiled in Summer 2022 and then on display through early Fall.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted, and a copy of the Staff Report was provided to the artists.
ATTACHMENTS:
1) Design Proposals
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P oposal 13
Attachment 1
32 Addendum for Light Work/Shadow Play
Proposal by Thomasin Dewhurst
1. Regarding the securing of the screen to the lawn area, we will be using stakes or similar devices to hold the screen steady. Quest Science, and their engineers, of Livermore have offered their help in the construction of the screen and stage.
2. We will be using James Morehead’ poem “At the Crossroads”, which he wrote for Dublin's 40th anniversary of its incorporation on the image of the theater curtains in addition to the first poem, “Shadow's Play”, mentioned in the proposal.
Attachment 1
33 Attachment 1
34 35
Attachment 1
36 Attachment 1
37 Attachment 1
38 Attachment 1
39 Attachment 1
40 Attachment 1
41 Attachment 1
42 Attachment 1
43 Attachment 1
44 Attachment 1
45 Attachment 1
46 Attachment 1
47 Attachment 1
48 Attachment 1
49 Attachment 1
50 Attachment 1
51 Temporary Art Project, Lawn Display Installation
Proposal “We Are Dublin”
Lead Artist: Sawsan Wolski
Co-Artist: Vanessa Thomas
January 31, 2022
b. Artist Qualifications:
Lead Artist: Sawsan Wolski – Resume Addendum 1
Co-Artist: Vanessa Thomas – Resume Addendum 2
Temporary Public Art Installation Experience:
Sawsan:
• December 2020 “Festive Dublin” Dublin California Santa Drive-Thru Signage. Theme “Belly Babe” letter B.
• November 2020 “BLM” and “No Justice No Peace” Dublin California Sign Card for Justice, Tri-Valley for Black Lives
• January 2020 “See the Tree” Dublin California, art in the neighborhood
• March 1999 Banner project Livermore, California
Vanessa:
• December 2020 “Festive Dublin” Dublin California Santa Drive-Thru Signage. Theme “Festive Wild Turkey” letter L.
• November 2020 “See My Humanity” Dublin California Sign Card for Justice, Tri-Valley for Black Lives
• October 2020 “Where to from here” Public Art Signage, Art Walk Livermore, California.
Theme “Enlightenment”
• March 2020 “A Chair to Remember” Adirondack Chair, Dublin, California Theme” Of Poppies and Pollinators”
• September 2018 “"Selfie Station - Chairing is Caring", Splatter Festival Dublin, California.
Themed chairs were available as interactive art pieces so children could touch and engage with the art. The chairs included "Flora and Flyers" representing flora and pollinators, "The Last Straw", dealing with plastic contamination of the oceans, "The Moot Point" addressing the topic of meat consumption and air pollution and "Molecular Me" highlighting the importance of understanding how our bodies work at a microscopic level including our chromosomes.
Attachment 1
52 c. Design:
Design Mock-Up: See physical model provided of “We Are Dublin”
Design Dimensions:
Proposed Materials:
1. Wood
2. Metal sheeting
3. Metal letters
4. Metal rods
5. Canvas banner prints (for photographs)
6. Wheels (removed following comments at Heritage & Cultural Arts Commission Meeting)*
1 d. Artist Statement:
The proposed “We Are Dublin” art installation is meant to reflect the fabric of Dublin as we mark the milestone of the 40
th anniversary of the City’s incorporation. Dublin’s citizens, scenery and infrastructure make up the fabric and our diversity, multi-cultural make-up, natural beauty and creative energy stitches that fabric together to produce the unique community of Dublin.
Attachment 1
53 The photographs are a sampling of the fabric of Dublin and the stitching represents our connectivity and interconnection.
The winged panels embrace the City’s past and present and will include information from 1982 and 2022 including details such as demographics, Mayor and size. The slanted angle of the panels represent a welcoming, giving and inclusive community.
This installation will create a wonderful gathering spot for the community and the rotating display that people can physically interact with also allows a space where they see themselves reflected in the work in the metal panels.
The artwork gives people a new way to relate to familiar spaces, creates a sense of place, and fosters a sense of attachment and belonging to the community.
e. Cost Estimate:
Estimated budget:
1. Wood $1200
2. Metal $750
3. Photographic printing $1750 (225 per panel)
4. Miscellaneous construction items (wheels, paint, primers, sanding paper, nuts, bolts, rivets, glue etc.) $1,020
5. Transportation by truck $250
Total estimated budget $4970*
Attachment 1
54 f. Process:
• Photographing residents: A varied selection of Dublin residents was used for the proposal. For the final project a sampling of Dublin residents will be selected and invited to attend the photoshoot. This is to ensure that we have inclusive representation of the entire Dublin community rather than being constrained by who would arrive for an open call.
• City demographic data for the side panels of the artwork would be obtained through consultation with the City Historian and City Staff from 1982 and today.
*
1 Following attendance of the Heritage & Cultural Arts Commission meeting and comments made by the Commissioners it was decided to exclude wheels from the design. The discussion indicated that the installations would no longer be moved around the City but rather be allocated one specific space hence the need for the wheels to facilitate transportation was no longer necessary. In addition, in terms of safety of the art installation it would not be necessary for City staff to find a way to lock the wheels to secure the artwork and to prevent it from being moved.
Attachment 1
55 STAFF REPORT
CITY COUNCIL
Agenda Item 4.3
DATE: March 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: City Proclamations for the Month of April
Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:
The City Council will consider the following proclamations for the month of April in the City of Dublin: Arbor Day, Child Abuse Prevention Month, Donate Life Month, Fair Housing Month, Financial Capability Month, Second Chance Month, Sexual Assault Awareness and Prevention Month, and Library Week.
STAFF RECOMMENDATION:
Approve the proclamations.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider the following proclamation for the month of February:
1. Arbor Day
2. Child Abuse Prevention Month
3. Donate Life Month
4. Fair Housing Month
5. Financial Capability Month
6. Second Chance Month
7. Sexual Assault Awareness and Prevention Month
8. Library Week
56
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Arbor Day Proclamation
2) Child Abuse Prevention Month Proclamation
3) Donate Life Month Proclamation
4) Fair Housing Month Proclamation
5) Financial Capability Month Proclamation
6) Second Chance Month Proclamation
7) Sexual Assault Awareness and Prevention Month Proclamation 8) Library Week Proclamation
57 Attachment 1
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Arbor Day – April 30, 2022”
WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, the holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products; and
WHEREAS, trees in the City of Dublin increase property values, enhance the economic vitality of business areas, and beautify the community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 30, 2022 as Arbor Day in the City of Dublin and encourages all citizens to plant and care for trees to gladden the hearts and promote the well-being of this and future generations.
DATED: March 15, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 58 Attachment 2
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Child Abuse Prevention Month”
WHEREAS, National Child Abuse Prevention Month recognizes the importance of communities working together to help families thrive and prevent child maltreatment; and
WHEREAS, during the month of April and throughout the year, communities are encouraged to increase awareness about child and family well-being, and work together to implement effective strategies that support families and prevent child abuse and neglect; and WHEREAS, this year, the Children’s Bureau’s theme for National Child Abuse Prevention Month is “Thriving Children and Families:
Prevention With Purpose”; and
WHEREAS, child abuse can have long-term psychological, emotional, and physical effects that have lasting consequences for victims of abuse; and
WHEREAS, effective child abuse prevention activities succeed because of the partnerships created between child welfare professionals, education, health, community and faith-based organizations, businesses, law enforcement agencies, and families; and WHEREAS, prevention remains the best defense for our children and families.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 2022 as National Child Abuse Prevention Month in the City of Dublin and urge all citizens to recognize this month by dedicating ourselves to the task of improving the quality of life for all children and families.
DATED: March 15, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 59 Attachment 3
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Donate Life Month”
WHEREAS, April is Nationally recognized as Donate Life Month as established in 2003 by Donate Life America; and WHEREAS, Donate Life Month helps to encourage Americans to register as organ, eye, and tissue donors and to honor those that have saved lives through the gift of donation; and
WHEREAS, the 2o22 theme for Donate Life Month is the “Bee A Donor!”; and WHEREAS, the “Bee A Donor!” theme was inspired by the vital role that bees play in sustaining life. Bees are a small but powerful life force, and work together with dedication, collaboration, and a strong sense of community; and WHEREAS, April 22, 2022 is National Donate Life Blue and Green Day, and National Donate Life America is encouraging citizens to wear blue and green to increase awareness around organ, eye, and tissue donation.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 2022 as Donate Life Month in the City of Dublin and encourages all citizens to become educated about living donations and consider registering as a donor.
DATED: March 15, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 60 Attachment 4
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Fair Housing Month”
WHEREAS, Fair Housing Month celebrates the passage of the federal Fair Housing Act in April 1968, a national law that prohibits discrimination in the sale, rental and financing of housing based on race, color, national origin, religion, gender, familial status, and disability; and
WHEREAS, each April, the U.S. Department of Housing and Urban Development (HUD) observes Fair Housing Month; and WHEREAS, economic stability, community health, and human relations in all communities are improved by diversity and integration; and
WHEREAS, Fair Housing is integral to the ethical commitment of members of the National Association of REALTORS® and the City of Dublin and is critical to the ability of all real estate professionals to serve their clients, customers, and communities; and WHEREAS, April is designated Fair Housing Month to encourage residents of the City of Dublin to attend fair housing education seminars, and to support city and state efforts to end discrimination in housing.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 2022 as Fair Housing Month in the City of Dublin to establish an inclusive community committed to fair housing and to promote appropriate activities by private and public entities intended to provide or advocate for equal housing opportunities for all residents and prospective residents in the City of Dublin.
DATED: March 15, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 61 Attachment 5
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Financial Capability Month”
WHEREAS, on March 9, 2004, Senate Resolution 316 was passed designating April 2004 as “Financial Literacy Month”. The Resolution resolved to raise public awareness about the importance of financial education in the United States and the serious consequences associated with the lack of understanding about personal finances; and WHEREAS, each April, federal and state agencies, credit unions, schools, nonprofit organizations, businesses and other entities take part in this initiative to raise awareness about the importance of financial literacy education in the United States and the consequences that may be associated with a lack of understanding personal finances; and WHEREAS, the Financial Literacy and Education Commission (FLEC) encourages people to take action to improve their financial futures; and
WHEREAS, many people have experienced the challenges of rebuilding their lives after a disaster. The best way to prepare for a natural disaster is knowing the risks of where you live and saving for the unexpected; and WHEREAS, Money Smart Week will be held virtually April 9-16, 2022.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 2022 as Financial Capability Month in the City of Dublin and encourages all citizens to start developing short and long-term financial habits through financial literacy.
DATED: March 15, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 62 Attachment 6
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Second Chance Month”
WHEREAS, in April 2022, the National Association of Criminal Defense Lawyers will celebrate Second Chance Month; and WHEREAS, since 2017, NACDL, Prison Fellowship, and other national partners have recognized Second Chance Month as a time to raise awareness about the obstacles faced by over 70 million Americans with a criminal record and unlock opportunities for them to succeed; and
WHEREAS, every person has dignity and potential, but one in three American adults has a criminal record, which limits their access to education, jobs, housing, and other things they need to reach their potential; and WHEREAS, now, more than ever, it is crucial to raise awareness about the challenges men and women face upon reentry as they seek healthcare, housing, and employment.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 2022 as Second Chance Month in the City of Dublin to educate citizens of the challenges faced by those affected by crime and incarceration.
DATED: March 15, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 63 Attachment 7
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Sexual Assault Awareness and Prevention Month”
WHEREAS, April is National Sexual Assault Awareness Month – a time to draw attention to the prevalence of sexual assault and educate individuals and communities about how to prevent it; and WHEREAS, we know that, in the United States alone, nearly one in five women and one in 67 men have been raped at some time in their lives and that one in six boys and one in four girls are sexually abused before the age of 18; and WHEREAS, Sexual harassment, assault, and abuse happen in all communities – and that includes online spaces. We are spending more and more of our lives online – whether that’s for work, school, or entertainment. Unfortunately, with this increase in virtual connection comes an increase in online abuse and harassment. Consent and boundaries can be violated online in a number of ways, and the trauma of online abuse is all too real for many survivors; and WHEREAS, 2022 marks the twenty-first anniversary of SAAM; and WHEREAS, the National Sexual Violence Resource Center campaign for April 2022 is “Building Safe Online Spaces Together”; and WHEREAS, the campaign calls on us to practice digital consent, intervene when we see harmful content and behaviors, and promote online communities that value respect, inclusion, and safety.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 2022 as Sexual Assault Awareness and Prevention Month in the City of Dublin and encourages all citizens to learn how to create safe and respectful online communities.
DATED: March 15, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 64 Attachment 8
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Library Week April 3-9, 2022”
WHEREAS, libraries are accessible and inclusive places that foster a sense of connection and build community; and WHEREAS, libraries connect people to technology, providing access to broadband internet, computers, and training that are critical for accessing education and employment opportunities; and WHEREAS, libraries offer opportunities for everyone to connect with new ideas and become their best selves through access to multimedia content, programs, and classes – in addition to books; and WHEREAS, today’s libraries and their services extend far beyond the four walls of a building and everyone is welcome to use their resources; and
WHEREAS, in times of crises, libraries and library professionals play an invaluable role in supporting their communities both in person and virtually;
WHEREAS, to adapt to our changing world, libraries are expanding their resources and continuing to meet the needs of their patrons;
WHEREAS, libraries have long served as trusted and treasured institutions for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity, or socio-economic status.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 3-9, 2022 as Library Week in the City of Dublin. During this week, we encourage citizens to connect with their library by visiting online or in person to access resources and services.
DATED: March 15, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 65 STAFF REPORT
CITY COUNCIL
Agenda Item 4.4
DATE: March 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Payment Issuance Report and Electronic Funds Transfers Prepared by: Veronica Briggs, Senior Finance Technician EXECUTIVE SUMMARY:
The City Council will receive a listing of payments issued from February 1, 2022 – February 28, 2022 totaling $9,030,040.83.
STAFF RECOMMENDATION:
Receive the report.
FINANCIAL IMPACT:
SUMMARY OF PAYMENTS ISSUED
February 1, 2022 – February 28, 2022
Total Number of Payments: 320
Total Amount of Payments: $9,030,040.83
DESCRIPTION:
The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period beginning February 1, 2022 through February 28, 2022. This report is provided in accordance with the policy adopted November 15, 2011, in Resolution No.189-11. The listing of payments has been reviewed in accordance with the policies for processing payments and expenditures.
The City’s practice of reporting payments to the City Council after the payments have been made is in compliance with California Government Code Sections 37208 (b) and (c), which allow for an agency to make payments without first being audited by the legislative body, as long as such payments are: 1) conforming to a budget approved by ordinance or resolution of the legislative body; and 2) presented to the legislative body for ratification and approval in the form of an 66
audited comprehensive annual financial report.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Payment Issuance Report for February 2022
67 Print Date: 03/01/20
22 City of Dublin
Payments Dated 2/1/2022 through 2/28/2022
Date Issued Payee Amount Description
02/04/2022 CAL PERS 82,552.73 PERS RETIREMENT PLAN: PE 1/28/22 02/04/2022 EMPLOYMENT DEVELOPMENT DEPT 18,580.75 CA STATE WITHHOLDING: PE 1/28/22 02/04/2
022 HEALTHEQUITY, INC. 3, 787.37 HEALTHEQUIT Y: PE 1/28/22 02/04/2022 I C M A 401 PLAN 1,129.78 DEFERRED C OMP 401A: PE 1/28/22 02/04/2022 I C M A 457 PLAN 30,684.49 DEFERRED C OMP 457: PE 1/28/22 02/04/2022 INTERNAL REVENUE SERVICE 62, 194.78 FE DERAL WITHHOLDING: PE 1/28/22 02/04/2022 US BANK - PARS 2,294.60 PARS: PE 1/28/22
Payments Issued 2/4/2022 Total: 201,224.50
02/07/2022 4LEAF INC. 56,822.00 BLDG INSP/PLAN CHECK SVCS DEC 2021 02/07/2022 ALAMEDA COUNTY LIBRARY 114,174. 75 DUBLIN LIBR ARY SERVICES JUL-SEP 2021 152,233.00 DUBLIN LIBRARY SERVICES OCT-DEC 2021
Check Total: 266,407.75
02/07/2022 ALL CITY MANAGEMENT SVC S INC 13,539.36 CROSSING GUARD SERVICES- 12/21/21 TO 12/25/21 02/07/2022 AMP PRINTING, INC. 151.27 BUSINESS CARDS
103.44 BUSINESS CARDS
65.71 BUSINESS CARDS
62.71 BUSINESS CARDS
Check Total: 383.13
02/07/2022 ARORA, AKSHAY 11, 698.60 REC CLASS IN STRUCTOR 666.00 REC CLASS ISNTRUCTOR
Check Total: 12,364.60
02/07/2022 AT&T - CALNET 3 306.29 SERVICE TO 01/26/2022 132.24 SERVICE TO 01/27/2022
Check Total: 438.53
02/07/2022 BIG O'TIRES #7 3,298.43 POLICE VEHICLE MAINT & TIRES 02/07/2022 BKF ENGINEERS 197.00 SAN RA MON RD TRAIL LIGHTI NG DESIGN 02/07/2022 BOUND TREE MEDICAL, LLC. 1,457.08 POLICE EVIDENCE SUPPLIES 02/07/2
022 BSK ASSOCIATES INC. 1,445.75 TESTING/INSP DO N BIDDLE COMMUNITY PARK 02/07/2
022 CARBONIC SERVICE 183.55 THE WAVE POOL CHEMICALS
02/07/2022 CHANDLER ASSET MANAGEMENT 13, 051.92 INVESTMENT CONSULTING SERVICES 02/07/2
022 DAHLIN GROUP INC 149.50 CONS TR SUPPORT FOR THE WAVE SLIDE ANCHORS 7,960.00
SENIOR CENTER WALL REPAIR ASSESSMENT
Check Total: 8,109.50
02/07/2022 DUBLIN CHEVROLET 219.02 POLICE VEHICLE MAINT & REPAIRS 02/07/202
2 DUBLIN UNIFIED SCHOOL DI STRICT 512.42 STAGER GYM DSRSD WATER USE 10/1/21–11/30/21 983.14 STAGER GYM ELECTRIC USE 11/12/21-12/12/21
253.46 STAGER GYM SP URR USE 11/02/21-12/02
/21
84.80 STAGER GYM SP URR USE 10/02/21–11/0 1/21
Check Total: 1,833.82
02/07/2022 EAST BAY POOL SERVICE, INC. 624.00 THE WAVE P OOL CHEMICALS 1,323.32 THE WAVE POOL FILTER VALVE REPLACEMENT
17,240.00 THE WAVE POOL MAINTENANCE
Check Total: 19,187.32
02/07/2022 ELITE AUTO GLASS INC 532.83 POLICE VEHICLE REPAIR 02/07/2
022 ENTERPRISE RENT A CAR 3,696.56 VEHICLE RENTAL-SPECIAL INVESTIGATIONS UNIT 02/07/2022 EUROPEAN MOBILE WERKS 792.28 POLICE VEHICLE MAINTENANCE & REPAIR 02/07/202
2 FARAHMAND, AMIR 707.73 MILEAGE REIMBURSEMENT DEC 2021 Attachment 1
68 Print Date: 03/01/2022 City of Dublin
Payments Dated 2/1/2022 through 2/28/2022
Date Issued Payee Amount Description
02/07/2022 GOLDEN STATE FLEET SVCS INC 225.00 POLICE VEHICLE TOW 02/07/2022 GROUP 4 ARCHITECTURE, 3,918.87 DESIGN OF CULTURAL ARTS CENTER 02/07/2022 HARRIS & ASSOCIATES 360.00 DESIGN/CONSTR SUPPORT-2021 SLURRY SEAL PROJ 02/07/2022 HDL COREN & CONE 1,764.96 PROPERTY TAX CONSULTING SERVICES 02/07/2022 JAVORSKY, KYLE 98.00 MILEAGE REIMBURSEMENT DEC 2021 02/07/2022 KIDZ LOVE SOCCER 10,023.00 REC CLASS INSTRUCTOR 02/07/2022 LIVERMORE AUTO GROUP 7,437.64 POLICE VEHICLE MAINT & REPAIRS 02/07/2022 MARK THOMAS & COMPANY, INC. 82,240.40 IRON HOR SE TRAIL CROSSING DESIGN SVCS 02/07/2022 MNS ENGINEERS, INC. 5,115.00 DON BIDDLE COMMUNITY PARK INSPECTIONS
2,945.00 INSPECTIONS/CONSTR MGMT SR RD TRAIL LIGHTING
20,601.00 IRON HORSE TRAIL BRIDGE AT DUBLIN BLVD
Check Total: 28,661.00
02/07/2022 MOORE, MARSHA 166.99 REIMB CI TY CLERK'S NEW LAW/ELECTIONS CONF EXP 02/07/2022 PAKPOUR CONSULTING GROU P, INC. 5,320.00 CONSTRUCTION MGMT-DON BIDDLE COMM PARK 02/07/2022 PETIT, CHRISTINE 643.20 REC CLASS INSTRUCTOR 02/07/2022 PG&E 4,065.23 SERVICE TO 01/05/2022
84.44 SERVICE TO 01/07/2022
5,416.69 SERVICE TO 01/10/2022
421.61 SERVICE TO 01/11/2022
10,180.24 SERVICE TO 01/12/2022
67.63 SERVICE TO 01/13/2022
195.98 SERVICE TO 12/15/2021
Check Total: 20,431.82
02/07/2022 PHOENIX GROUP INFO SYS. 418.70 PARKING CITATION PROCESSING - DEC 2021 02/07/2022 PLEASANTON, CITY OF 20,587.34 FR EEWAY INTERCHANGE DEBT PYMT OCT-DEC 2021 02/07/2022 PRUDENTIAL OVERALL SUPPLY 46.40 MAT SERVICE - PUBLIC SAFETY COMPLEX 02/07/2022 QUADIENT, INC. 174. 41 POSTAGE MACHINE SUPPLIES 02/07/2022 QUENCH USA, INC. 549.05 WATER FILTER SYSTEMS FEB - MAR 2022 02/07/2022 QUETEL CORPORATION 1,946.00 EVIDENCE PRINTER & SUPPLIES 02/07/2022 REDWOOD TOXICOLOGY LAB. INC. 991.00 FORE NSIC DRUG AND ALCOHOL EXAMS 02/07/2022 SABOO INC. 134,068. 75 CONSTRUCTION-HERITAGE PARK CEMETARY IMPROV 02/07/2022 SIMPLER SYSTEMS, INC 1,500.00 FEB 2022 SIMPLER SOFTWARE LICENSING 02/07/2022 SNG & ASSOCIATES INC. 3,480.00 ON-CALL PLAN REVIEW SERVICES-CIP/PARKS 02/07/2022 STONE, ROBERT 19.49 MILEAGE REIMBURSEMENT DEC 2021 02/07/2022 SUAREZ & MUNOZ CONS TRUCTION 192,142.39 FALLON SPORT S PARK-PH 3 CONSTRUCTION 02/07/2022 TREASURER ALAMEDA COUNTY 1,609.50 PARKING CITATIONS COLLECTED - DEC 2021 02/07/2022 TREASURER ALAMEDA COUNT Y 19,188.15 FUEL - NOV 2021 02/07/2022 TRI-VALLEY TRANSPORT. CO UNCIL 1,632,035.86 TRI-VALLEY TRANSPORTATION FEES OCT-DEC 2021 02/07/2022 TYLER TECHNOLOGIES, IN C. 6,300.00 TYLER MUNIS ER P SOFTWARE IMPLEMENTATION 02/07/2022 UNIVERSAL BUILDING SER VICES & 270.00 CARPET CLEANING SVCS-CORP YARD OCT 2021
99.00 CARPET CLEANING SVCS-HERITAGE CENTER OCT 2021
1,810.00 CARPET CLEANING SVCS-PUBLIC SAFETY OCT 2021
1,298.00 CARPET CLEANING SVCS-SHANNON CENTER OCT 20212
828.00 CARPET CLEANING SVCS-THE WAVE OCT 2021
3,600.00 WINDOW CLEANING SVCS-CIVIC CENTER OCT 2021
1,000.00 WINDOW CLEANING SVCS-LIBRARY OCT 2021
700.00 WINDOW CLEANING SVCS-SENIOR CENTER OCT 2021
69 Print Date: 03/01/2022 City of Dublin
Payments Dated 2/1/2022 through 2/28/2022
Date Issued Payee Amount Description
500.00 WINDOW CLEANING SVCS-SHANNON CENTER OCT 2021
900.00 WINDOW CLEANING SVCS-THE WAVE OCT 2021
Check Total: 11,005.00
02/07/2022 UPADHYAY, NIYANT 28.28 MILEAGE REIMBURSEMENT DEC 2021 02/07/2022 YASH'S PIZZA CORP 214.80 PI ZZAS FOR BIRTHDAY PARTIES AT THE WAVE Payments Issued 2/7/2022 Total: 2,592,264.16
02/08/2022 U.S. BANK CORPORATE PM T SYSTEM 542.19 BLDG PLANS EXAM INER TRNG & OFFICE SUPPLIES
24.00 BREAKFAST WITH SANTA SUPPLIES
1,365.00 BUILDING CODE COMPLETE DIGITAL CODES
610.00 CAFR AWARD SUBMISSION FEE
340.98 CAMERA EQUIPMENT & ADOBE STOCK IMAGES
476.44 CHRISTMAS TREE LIGHTING SUPPLIES
1,378.64 COMPUTER EQUIPMENT
54.99 COMPUTER SOFTWARE
2,910.40 DOLAN PARK EXERCISE STATION SIGNS
923.31 EMPLOYEE APPRECIATION LUNCH AWARDS
117.98 FACEBOOK ADS
1,527.21 FACILITIES LINEN CLEANING & OFFICE SUPPLIES
275.02 HERITAGE PARK SUPPLIES
552.00 JOB ADVERTISEMENTS
223.44 MASKS & EMPLOYEE RECOGNITION SUPPLIES
12.00 MONTHLY DIGITAL NEWS SUBSCRIPTION
830.42 OFFICE SUPPLIES
1,557.65 OFFICE SUPPLIES, U.S. MAYORS CONF REG-HERNANDEZ 588.00 ONLINE SOCIAL MEDIA PUBLISHER SUBSCRIPTION
517.77 P&CS STAFF TRAINING LUNCH
475.00 PARKS & REC ASSN HOLIDAY LUNCH -19 ATTENDEES
4,439.64 POLICE SU PPLIES & EQUIPMENT
635.65 PRESCHOOL & STUDENT UNION SUPPLIES
184.00 RED CROSS CERTIFICATIONS FOR WAVE STAFF
489.11 SENIOR CENTER SUPPLIES
300.00 SOCIETY OF CIVIL ENGINEERS DUES-BOITNOTT
372.00 SURVEY MONKEY SUBSCRIPTION RENEWAL
457.22 SURVEYS FOR PCS PRGMS, RETREAT SUPPLIES
195.32 TABLE FOR SHANNON CENTER
1,627.90 TEAM DUBLIN & INSIDE DUBLIN SUPPLIES
730.35 THE WAVE EQUIPMENT
3,338.46 TREE LIGHTING SUPPLIES
2,640.64 WEBCAMS & COMPUTER SUPPLIES
Check Total: 30,712.73
Payments Issued 2/8/2022 Total: 30,712.73
02/09/2022 CAL PERS HEALTH PREMIUM 143,642.96 HEALTH INSURANCE PREMIUM - FEB 2022 Payments Issued 2/9/2022 Total: 143,642.96
70 Print Date: 03/01/2022 City of Dublin
Payments Dated 2/1/2022 through 2/28/2022
Date Issued Payee Amount Description
02/14/2022 4LEAF INC. 630.00 ENGINEERING SERVICES - JAN 2022 02/14/2022 ADVANCED INTEGRATED PEST 5, 060.00 PEST CONTROL SERVICES JAN 2022 02/14/2022 ADVANCED MOBILITY GROUP 1, 050.00 TRAFFIC SIGNAL SYSTEMS SUPPORT 02/14/2022 ALLEN'S AUTOMOTIVE & TOWING IN 260.00 POLICE EVIDENCE TOW 02/14/2022 AMP PRINTING, INC. 62.71 BUSINESS CARDS- W. COWENS (PD) 02/14/2022 AMY'S ENGRAVED SIGNS & AWARDS 88.20 COUNCIL CHAMBER NAMEPLATES
148.84 EMPLOYEE NAMEPLATE
1,283.53 EMPLOYEE NAMEPLATE & ADA SIGNS
Check Total: 1,520.57
02/14/2022 AT&T - CALNET 3 151.52 SERVICE TO 02/01/2022 02/14/2022 BAJAJ, PRIYA 1,202.00 RECREATION REFUND
02/14/2022 BAY AREA NEWS GROUP 81.76 PLANNING LEGAL NOTICES JAN 2022 02/14/2022 BIG O'TIRES #7 85.88 POLICE VEHICLE MAINT & TIRE 02/14/2022 BRINKS, INC. 230.75 ARMORED CAR SERVICE-FEB 2022 02/14/2022 BROOKFIELD RESIDENTIA L 85,897.20 REFUND OF PERFORM ANCE SECURITY CASH DEPOSIT 02/14/2022 BSK ASSOCIATES INC. 6,214.70 PRE-CONSTRUCTION SOIL SAMPLING & TESTING
2,447.50 TESTING/INSP DON BIDDLE COMMUNITY PARK
Check Total: 8,662.20
02/14/2022 CAL ENGINEERING & GEOLOGY INC 5,698.75 ENGINEERING SERVICES - DEC 2021 02/14/2022 CALED 100.00 CALED MEMBERSHIP FY22-23 FRANKLIN 02/14/2022 CASCADIA CONSULTING GROUP, INC 5,135.00 SB 1383 IMPLEMENTATION ASSISTANCE 02/14/2022 CODE PUBLISHING, LLC 699.00 MUNICIPAL CODE UPDATE
550.00 STANDARD WEB HOSTING
Check Total: 1,249.00
02/14/2022 DRAW 4 ME FIRE ETC. 1,328.00 REFUND FIRE PERMIT FEE 02/14/2022 DSRSD 11,188.46 SERVICE TO 1/14/2022
02/14/2022 DUBLIN CHEVROLET 870.66 POLICE VEHICLE MAINT & REPAIRS 02/14/2022 DUBLIN STATION INVEST ORS 10,000.00 COMMERCIAL RE NT RELIEF GRANT PROGRAM 02/14/2022 DUTCHOVER & ASSOCI ATES 115.00 ENGINEERING SERVICES - OCT 2021
1,037.50 LANDSCAPE PLAN CHECK & INSPECTIONS
Check Total: 1,152.50
02/14/2022 ECS IMAGING INC. 499. 15 DOCUMENT SCANNING SERVICES 02/14/2022 EVERYTHING GROWS INTERIOR 204.51 PLANT SERVICE FEB 2022 02/14/2022 GHD, INC. 623.50 SPEED LIMIT ENGINEERING/TRAFFIC SURVEYS 02/14/2022 GRANICUS, LLC. 2,000.00 AGENDA MGMT SOFTWARE MEDIA MANAGER FEES 02/14/2022 GUIDA SURVEYING INC. 200. 00 ENGINEERING SERVICES - DEC 2021
400.00 ENGINEERING SERVICES - JAN 2022
700.00 ENGINEERING SERVICES - NOV 2021
Check Total: 1,300.00
02/14/2022 HF&H CONSULTANTS, LLC 13,113.75 SOLID WASTE FR ANCHISE AGREEMENT AMENDMENT 02/14/2022 KIMLEY-HORN AND ASSOC. INC. 2,999.41 HOUSING ELEMENT UPDATE CONSULTING SERVICES
2,850.50 PREPARE CEQA DOCS FOR EAST RANCH PROJECT
Check Total: 5,849.91
02/14/2022 KITTELSON & ASSOCIATES, INC. 22,691.25 CITYWIDE BIKE/PED MASTER PLAN UPDATE 02/14/2022 KR FARMS 500.00 REFUND TEMPORARY USE PERMIT 02/14/2022 LIVERMORE VALLEY WINEGROWERS 7, 500.00 MARKETING SPONSORSHIP FY 21-22 02/14/2022 MCE CORPORATION 9,497.42 LANDSCAPE MAINTENANCE DSRSD JAN 2021 02/14/2022 MEYERS NAVE 57,193.74 LEGAL SERVICES DEC 2021
36,927.94 LEGAL SERVICES NOV 2021
71 Print Date: 03/01/2022 City of Dublin
Payments Dated 2/1/2022 through 2/28/2022
Date Issued Payee Amount Description
Check Total: 94,121.68
02/14/2022 MORAN, RYAN 12. 88 MILEAGE REIMBURSEMENT
02/14/2022 NAWEED, DIBA 1,004.95 RETURN OF ASSET SEIZURE FUNDS 02/14/2022 PAKPOUR CONSULTING GROU P, INC. 9,310.00 CONSTRUCTION MGMT-DON BIDDLE COMM PARK 02/14/2022 PG&E 58.53 SERVICE TO 01/10/2022
10.51 SERVICE TO 01/24/2022
546.98 SERVICE TO 01/28/2022
Check Total: 616.02
02/14/2022 PRUDENTIAL OVERALL SUPPLY 66.88 MAT SERVICE - SENIOR CENTER 02/14/2022 QUENCH USA, INC. 854.37 WATER FILTER SYSTEMS FEB - MAR 2022 02/14/2022 RAYNE OF SAN JOSE 177.90 WA TER SOFTENER SERVICE-FIRE STATION 16
202.00 WATER SOFTENER SERVICE-FIRE STATION 17
149.35 WATER SOFTENER SERVICE-FIRE STATION 18
Check Total: 529.25
02/14/2022 REDWOOD TOXICOLOGY LAB. INC. 540.00 FORE NSIC DRUG AND ALCOHOL EXAMS 02/14/2022 RRM DESIGN GROUP, A CA CORP 131.25 LANDSCAPE PLAN CHECK & INSPECTIONS 02/14/2022 SAN FRANCISCO ELEVATOR SVC INC 394. 70 ELEVATOR MAINTENANCE/INSPECTION FEB 2022 02/14/2022 SDI PRESENCE, LLC. 7,700.00 ENTE RPRISE RSRCE PLNG SELECTION ASSISTANCE 02/14/2022 SELECT IMAGING 125.23 EMPLOYEE NAMEPLATES & BADGES 02/14/2022 SHAMROCK OFFICE SOLUTION S, LLC 2,107.23 COPIER CHARGES 02/14/2022 SNG & ASSOCIATES INC. 25,475.00 ENGINEERING SERVICES - AUG 2021 02/14/2022 THE ECOHERO SHOW, LLC. 275.00 DUBLIN SCHOOLS RECYCLING EDUC ASSESSMENT 02/14/2022 TIREHUB, LLC. 652.92 POLICE VEHICLE MAINTENANCE
704.66 POLICE VEHICLE TIRES
Check Total: 1,357.58
02/14/2022 TPX COMMUNICATIONS 2,833.43 INTERNET & PHONE SERVICES TO 01/09/22 02/14/2022 TRI-SIGNAL INTEGRATION INC 323.75 FIRE ALARM SVCS LIBRARY FEB-APR 2022
126.00 QUARTERLY FIRE ALARM SERVICE ALL FIRE STATIONS
Check Total: 449.75
02/14/2022 TRI-VALLEY COMMUNITY TV 1,062.63 RECORD/TELEVISE CITY COUNCIL/PLNG COMM MTGS 02/14/2022 TRI-VALLEY JANITORIAL INC. 1,542.63 EXTRA JANITORIAL SERVICES JAN 2022
22,002.75 JANITORIAL SERVICES JAN 2022
30,228.39 JANITORIAL SERVICES-CAMP PARKS JAN 2022
3,075.18 JANITORIAL SUPPLIES JAN 2022
Check Total: 56,848.95
02/14/2022 U.S. POSTAL SERVICE 3,074.80 POSTAGE FOR 202 2 CITY REPORT NEWSLETTER 02/14/2022 UNITED SITE SERVICES OF CA INC 725.87 BLDG INSP TRAILER SEPTIC TANK SERVICES 02/14/2022 WELLS, CATHY 31.45 MILEAGE REIMBURSEMENT FEB 2022 Payments Issued 2/14/2022 Total: 415,045.35
02/17/2022 MEYERS NAVE 35,000.00 RE TENTION DEPOSIT FOR LEGAL EXPERT Payments Issued 2/17/2022 Total: 35,000.00
02/18/2022 CAL PERS 84,576.29 PERS RETIREMENT PLAN: PE 2/11/22 02/18/2022 EMPLOYMENT DEVELOPMENT DEPT 20,062.49 CA STATE WITHHOLDING: PE 2/11/22 02/18/2022 HEALTHEQUITY, INC. 4, 287.37 HEALTHEQUITY: PE 2/11/22 02/18/2022 I C M A 401 PLAN 1,129.78 DEFERRED COMP 401A: PE 2/11/22 02/18/2022 I C M A 457 PLAN 31,600.26 DEFERRED COMP 457: PE 2/11/22 02/18/2022 INTERNAL REVENUE SERVICE 64, 860.41 FEDERAL WITHHOLDING: PE 2/11/22 72 Print Date: 03/01/2022 City of Dublin
Payments Dated 2/1/2022 through 2/28/2022
Date Issued Payee Amount Description
02/18/2022 US BANK - PARS 2,442.44 PARS: PE 2/11/22
Payments Issued 2/18/2022 Total: 208,959.04
02/22/2022 ADVANCED MOBILITY GROUP 8,215. 00 TASSAJARA RD ARTERIAL MGMT PROJECT 10,930.00 TRAFFIC SIGNAL SYSTEMS SUPPORT
Check Total: 19,145.00
02/22/2022 ALAMEDA COUNTY FIRE DEPARTMEN T 1,157,024.88 FIRE SERVICES DEC 2021 02/22/2022 ALAMEDA COUNTY FLOOD CONTROL 340,159.05 ZONE 7 FEES COLLECTED OCT-DEC 2021 02/22/2022 ALL CITY MANAGEMENT SVCS INC 13,387.80 CROSSING GUARD SERVI CES 01/09/22 - 01/22/22 02/22/2022 AMADOR VALLEY INDUSTRIES LLC 28,314.33 CAMPS PARKS SOLID WASTE SERVICES JAN 2022 02/22/2022 ARORA, AKSHAY 20, 779.80 REC CLASS INSTRUCTOR 02/22/2022 AT&T 1,763.13 PUBLIC SAFETY COMPLEX DATA SERVICES 02/22/2022 AT&T - CALNET 3 48.13 SERVICE TO 02/06/2022 02/22/2022 BAY ALARM COMPANY 259.56 ALARM SERVICE SHANNON CENTER 02/22/2022 BAY ISLAND OFFICIAL ASSOC 732. 00 SPORTS OFFICIATING - MEN'S BASKETBALL
4,890.00 SPORTS OFFICI ATING - YOUTH BASKETBALL
Check Total: 5,622.00
02/22/2022 CAL ENGINEERING & GEOLOGY INC 1,645.00 ENGINEERING SERVICES - JAN 2022 02/22/2022 CALICO CENTER 4,500.00 FORENSIC INTERVIEWING ANNUAL SUPPORT 02/22/2022 CALIFORNIA BUILDING OFFICIALS 295.00 CA BLDG OFFICIALS CITY DUES FY22-23 02/22/2022 CDW GOVERNMENT INC 3,251.90 COMPUTER EQUIPMENT
10,441.91 MICROSOFT & ADOBE ANNUAL SUBSCRIPTIONS
Check Total: 13,693.81
02/22/2022 CINTAS CORP 139.08 FIRST AID KIT SUPPLIES
02/22/2022 CITIES GROUP, THE 814.00 WORKERS' COMP/SAFETY COMPLIANCE 02/22/2022 COGENT COMMUNICATIONS, INC 4,438. 00 CIVIC CENTER INTERNET SERVICE FEB 2022 02/22/2022 COMCAST 114.02 CIVIC CENTER CABLE SERVICE FEB 2022 02/22/2022 COMMUNICATION ACADEM Y 150.50 REC CLASS INSTRUCTOR 02/22/2022 COULSON & ASSOCI ATES 18,145.00 ENGINEERING SERVICES - SEP 2021 02/22/2022 DEPARTMENT OF JUSTICE 160.00 FINGERPRINTING SERVICES - JAN 2022 02/22/2022 DU-ALL SAFETY, LLC 1,076.81 SAFETY CONSULTI NG & INSPECTION SERVICES 02/22/2022 ECS IMAGING INC. 13,027.20 PROFESSIONAL SVCS & LASERFICHE LICENSES 02/22/2022 HALO BRANDED SOLUTIONS 190.18 CRIME PREVENTION SUPPLIES 02/22/2022 HIVELY 29,905.00 HUMAN SERVICES GRANT JUL-DEC 2021 02/22/2022 IRON MOUNTAIN 350.49 PO LICE RECORDS STORAGE - FEB 2022 02/22/2022 KIDZ LOVE SOCCER 7,726.80 REC CLASS INSTRUCTOR 02/22/2022 KIER & WRIGHT CIVIL ENGINEERS 657.00 ENGINEERING SERVICES - NOV 2021 02/22/2022 KIMLEY-HORN AND ASSO C. INC. 13,245.00 ENGINEERING SERVICES - DEC 2021
6,690.00 ENGINEERING SERVICES - NOV 2021
Check Total: 19,935.00
02/22/2022 LANGUAGE LINE SERVICES 39.00 LANGUAGE LINE SERVICES DEC 2021 02/22/2022 LEGAL ASSISTANCE FOR SENIORS 858.14 HUMAN SERVICES GRANT JUL-SEP 2021 02/22/2022 LLOYD F. MCKINNEY ASSOCIATES 1, 684.74 AUDIO/VISIUAL/FIRMWARE UPDATE 02/22/2022 MCE CORPORATION 503,416.77 MAINTENANCE SERVICES DEC 2021 02/22/2022 MINUTEMAN PRESS 62.61 VOL UNTEER RECOGNITION EVENT INVITATIONS 02/22/2022 MNS ENGINEERS, INC. 12,903.75 ENGINEERING SERVICES - DEC 2021
12,787.50 ENGINEERING SERVICES - JAN 2022
15,306.25 ENGINEERING SERVICES - NOV 2021
Check Total: 40,997.50
73 Print Date: 03/01/2022 City of Dublin
Payments Dated 2/1/2022 through 2/28/2022
Date Issued Payee Amount Description
02/22/2022 NARIKA 2,718.00 HUMAN SERVICES GRANT OCT-DEC 2021 02/22/2022 OFFICE TEAM 1,121.67 TE MPORARY STAFF FOR RECORDS PROJECT 02/22/2022 ORION SAFETY PRODUCTS 1,131.54 POLICE SUPPLIES - FLARES 02/22/2022 PAKPOUR CONSULTING GR OUP, INC. 6,320.00 ENGINEERING SERVICES - DEC 2021
9,955.00 ENGINEERING SERVICES - JAN 2022
14,106.25 ENGINEERING SERVICES - NOV 2021
Check Total: 30,381.25
02/22/2022 PETIT, CHRISTINE 254.40 REC CLASS INSTRUCTOR 02/22/2022 PG&E 2,388.80 SERVICE TO 01/10/2022
10,045.79 SERVICE TO 01/12/2022
27,294.26 SERVICE TO 01/13/2022
643.77 SERVICE TO 01/24/2022
111.33 SERVICE TO 01/25/2022
163.22 SERVICE TO 01/26/2022
3,634.82 SERVICE TO 01/27/2022
2,413.81 SERVICE TO 01/30/2022
1,449.04 SERVICE TO 01/31/2022
175.87 SERVICE TO 02/01/2022
Check Total: 48,320.71
02/22/2022 PLEASANTON EVENT RENTALS INC 231.52 40TH ANNIVERSARY EVENT RENTAL 02/22/2022 PLEASANTON, CITY OF 2,131.70 HUD SECTION 108 LOAN PMT-AXIS COMM HEALTH 02/22/2022 PRO CYCLES 395.28 PO LICE MOTORCYCLE MAINTENANCE 02/22/2022 SENIOR SUPPORT PROGRAM 3,496.44 HUMAN SERVICES GRANT OCT-DEC 2021 02/22/2022 SERVICE CHAMPIONS 60.00 REFUND BUILDING PERMIT FEE 02/22/2022 SHAMROCK OFFICE SOLUTION S, LLC 4,039.74 COPIER CHARGES 02/22/2022 SPECTRUM COMMUNITY SVCS INC. 2,409.62 HUMAN SERVICES GRANT DEC 2021 02/22/2022 THE THEATER FACTORY 3,693.00 REC CLASS INSTRUCTOR 02/22/2022 THREE VALLEYS COMMUNITY 16, 667.00 COMMUNITY FOUNDATION GRANT 02/22/2022 T-MOBILE USA, INC. 862.71 CELL PHONE SERVICES THROUGH 01/20/22
7,099.82 IPADS & IPHONES
Check Total: 7,962.53
02/22/2022 UNIVERSAL BUILDING SERVI CES & 250.00 ADD'L CLEANING SVCS-CIVIC CENTER JAN 2022
566.00 CARPET CLEANING SVCS-CIVIC CENTER JAN 2022
2,435.00 CARPET CLEANING SVCS-LIBRARY JAN 2022
660.00 CARPET CLEANING SVCS-SENIOR CENTER JAN 2022
1,142.00 CARPET CLEANING SVC S-SHANNON CENTER JAN 2022
558.00 CARPET CLEANING SVCS-THE WAVE JAN 2022
800.00 WINDOW CLEANING SVCS-CIVIC CENTER JAN 2022
Check Total: 6,411.00
02/22/2022 VERIZON WIRELESS 1,748.46 PO LICE SITCAM SIM CARDS TO 02/03/22
639.08 POLICE VEHICLE MODEMS & CITY CELLPHONES
Check Total: 2,387.54
02/22/2022 WC3-WEST COAST CODE CONSULTANT 8,446.25 BLDG PLAN CHECK SVCS JAN 2022
20,000.00 EPROCESS BLDG PERMIT MODULE SET-UP
Check Total: 28,446.25
02/22/2022 WESCO GRAPHICS INC 6,561.68 CITY REPORT & ACTIVITY GUIDE PRINTING 02/22/2022 WORLD CUP SOCCER CAMPS&CLI NICS 2,897.40 REC CLASS INSTRUCTOR 74 Print Date: 03/01/2022 City of Dublin
Payments Dated 2/1/2022 through 2/28/2022
Date Issued Payee Amount Description
Payments Issued 2/22/2022 Total: 2,422,243.60
02/23/2022 ALEX, ROSEMARY 7.02 MILEAGE REIMBURSEMENT JAN 2022 02/23/2022 FARAHMAND, AMIR 743.48 MILEAGE REIMBURSEMENT JAN 2022 02/23/2022 JAVORSKY, KYLE 175.50 MILEAGE REIMBURSEMENT JAN 2022 02/23/2022 STONE, ROBERT 12.29 MILEAGE REIMBURSEMENT JAN 2022 02/23/2022 UPADHYAY, NIYANT 164.38 MILEAGE REIMBURSEMENT JAN 2022 Payments Issued 2/23/2022 Total: 1,102.67
02/24/2022 PLEASANTON, CITY OF 74,460.58 TVBID FEES COLLECTED FOR OCT-DEC 2021 Payments Issued 2/24/2022 Total: 74,460.58
02/25/2022 DELTA DENTAL OF CALIFORNIA 12,343.12 DELTA DENTAL PREMIUM - FEB 2022 Payments Issued 2/25/2022 Total: 12,343.12
02/28/2022 AHERN PHOTOGRAPHY, KATHLEEN
02/28/2022 ALAMEDA COUNTY ENVIRONMENTAL
02/28/2022 ALAMEDA COUNTY FIRE DEPARTMEN T
3,564.00 ALAMEDA COUNTY POOL PERMITS
1,239,753.25 FIRE SERVICES - FEB 2022
02/28/2022 AMP PRINTING, INC. 62.71 BUSINESS CARDS
02/28/2022 ARORA, AKSHAY 3, 276.00 REC CLASS INSTRUCTOR 02/28/2022 AT&T 1,802.67 CI VIC CENTER FIBER SERVICES
483.84 CIVIC CENTER FIBER SERVICES
Check Total: 2,286.51
02/28/2022 AT&T - CALNET 3 1,207.54 SERVICE TO 02/12/2022 650.51 SERVICE TO 02/14/2022
Check Total: 1,858.05
02/28/2022 BFS LANDSCAPE ARCHITE CTURE 11,050.00 FALLON SPORTS PARK DESIGN SVCS - PHASE 3 02/28/2022 BKF ENGINEERS 69,356.50 A NNUAL STREET RESURFACING PROJECT 37,652.75 TASSAJARA RD GAP CLOSURE PROJECT
Check Total: 107,009.25
02/28/2022 BSK ASSOCIATES INC. 379.50 TESTING/INSP FALLON SPORTS PARK PH3 2,407.50 TESTING/INSP HERITAGE PARK CEMETARY IMPROV
Check Total: 2,787.00
02/28/2022 CA SURVEYING & DRAFTING SUPPLY 181. 68 LARGE FORMAT COLOR PLOTTER SUPPLIES 02/28/2022 CALLANDER ASSOCIATES INC. 76,707.71 WALLIS RANCH PARK DESIGN SERVICES 02/28/2022 CARBONIC SERVICE 1,772.90 POOL CHEMICALS
02/28/2022 CASTRO VALLEY PERFORMING AR TS 2,006.40 REC CLASS INSTRUCTOR 02/28/2022 CDW GOVERNMENT INC 71,448.58 MICROSOFT & ADOBE ANNUAL SUBSCRIPTIONS 02/28/2022 COMCAST 2,300. 00 CIVIC CENTER & FIRE STATION INTERNET 02/28/2022 COMCAST 1,862.80 INTERNET/CABLE SVC VARIOUS CITY DEPARTMENT 02/28/2022 CONTRA COSTA CO.-PUBL IC WORKS 14,119.22 DESIGN/ ENVIRO SVCS-TASSAJARA RD REALIGN 02/28/2022 DAHLIN GROUP INC 8,955.00 SENIOR CENTER WALL REPAIR ASSESSMENT 02/28/2022 DELL MARKETING L.P. 6, 897.24 COMPUTERS AND MONITORS 02/28/2022 DSRSD 28,592.79 SERVICE TO 1/31/2022
02/28/2022 DUBLIN HIGH SCHOOL 1,500.00 DISCRETIONARY GRANT PROGRAM 02/28/2022 DUBLIN UNIFIED SCHOOL DI STRICT 1,224.53 STAGER GYM ELECTRIC USE 07/14/21- 08/12/21 1,230.27 STAGER GYM ELECTRIC USE FROM 06/14/21-07/13/21
19.40 STAGER GYM SPURR USE 06/3/21 - 07/01/21
Check Total: 2,474.20
436.89 CHECK REISSUANCE
75 Print Date: 03/01/2022 City of Dublin
Payments Dated 2/1/2022 through 2/28/2022
Date Issued Payee Amount Description
02/28/2022 EAST BAY POOL SERVICE, I NC. 1,104.00 POOL CHEMICALS
8,620.00 WATERPARK MONTHLY POOL MAINTENANCE
Check Total: 9,724.00
02/28/2022 ELS ARCHITECTURE & URBAN DESGN 33,410.00 SCS PROPERTY COMMUNITY OUTREACH 02/28/2022 ENGEO INC 1,734.00 FALLO N CROSSING GHAD PROFESSIONAL SVCS
3,292.79 FALLON VILLAGE GHAD PROFESSIONAL SVCS
6,039.25 SCHAEFER RANCH GHAD PROFESSIONAL SVCS
Check Total: 11,066.04
02/28/2022 FRANCISCO & ASSOCIATES, INC. 15,365.00 ACQUISITION AUDIT CFD SERVICES 02/28/2022 GATES & ASSOCIATES, INC., DAVID L. 1,120.00 ALAMO CREEK FENCE DESIGN SERVICES 02/28/2022 GRAY-BOWEN-SCOTT 212.50 ON-CALL ENGINEERING SVCS-CIP 02/28/2022 INDEPENDENT UTILITY SUPPLY 6,237.95 SUPPLIES FOR SAN RAMON RD TRAIL IMPROVEMENTS 02/28/2022 KIMLEY-HORN AND ASSOC. INC. 7,557.35 HOUSING ELEMENT UPDATE CONSULTING SERVICES 02/28/2022 KITTELSON & ASSOCIATES, INC. 8,306.00 CITYWIDE BIKE/PED MASTER PLAN UPDATE
7,620.00 DOWNTOWN PREF ERRED VISION MODELING
1,583.00 ENGINEERING SVCS-LOCAL RD SAFETY PLAN
3,470.00 SB 743 VMT IMPLEMENTATION & MODEL
Check Total: 20,979.00
02/28/2022 LANLOGIC INC. 7,759.00 IN FORMATION SYSTEMS CONSULTING SVCS
1,050.00 MALWARE PROTECTION SERVICES
425.00 NETWORK MONITORING SERVICES
Check Total: 9,234.00
02/28/2022 LOCAL GOVERNMENT COMMISSION 2,636.36 CIVIC SPARK PRGM TO SUPPORT CLIMATE ACTION PLAN 02/28/2022 LOGOBOSS 1,032.93 CITY APPAREL FOR CITY COUNCIL 02/28/2022 LSA ASSOCIATES INC. 1,846.25 CEQA DOC PREP-BRANAUGH PROP STAGE 2 DEV
41.25 CEQA DOC PREP-RIGHETTI PROPERTY STAGE 2
Check Total: 1,887.50
02/28/2022 LYNX TECHNOLOGIES, INC. 6,200.00 GIS CONSULTING SERVICES FY21-22 02/28/2022 MEYERS NAVE 65,776. 15 LEGAL SERVICES JAN 2022 02/28/2022 M-GROUP 7,786.25 PLANNING SVCS-BLVD PH1-5 & TASSAJARA HILLS 02/28/2022 MGT OF AMERICA CONSULTING, LLC 1,312.50 SB90 CLAIMS PROCESSING 02/28/2022 MICHAEL BAKER INT'L, INC. 2,895.00 CONSULTING SVCS-AFFORDABLE RENTAL HOUSING 02/28/2022 MNS ENGINEERS, INC. 310.00 CONSTR MGMT/INSP-EV CHARGING STATIONS
5,696.25 DON BIDDLE CO MMUNITY PARK INSPECTIONS
9,067.50 FALLON SPORTS PARK PH3 PW INSPECTIONS
620.00 INSPECTIONS/CONSTR MG MT SR RD TRAIL LIGHTING
Check Total: 15,693.75
02/28/2022 ON THE VINE CATE RING 8,434.95 CATERING FOR VOLUNTEER RECOGNITION 02/28/2022 PAKPOUR CONSULTING GROUP, INC. 18,195.00 CONSTRUCTION MGMT-FALLON SPORTS PARK PH3 02/28/2022 PETIT, CHRISTINE 561.60 REC CLASS INSTRUCTOR 02/28/2022 PG&E 1,032.94 SERVICE TO 01/27/2022
3,535.65 SERVICE TO 01/30/2022
49,124.85 SERVICE TO 02/03/2022
1,600.22 SERVICE TO 02/04/2022
8,618.61 SERVICE TO 02/07/2022
98.85 SERVICE TO 02/08/2022
2,326.70 SERVICE TO 02/09/2022
76 Print Date: 03/01/2022 City of Dublin
Payments Dated 2/1/2022 through 2/28/2022
Date Issued Payee Amount Description
250.67 SERVICE TO 02/10/2022
Check Total: 66,588.49
02/28/2022 PGADESIGN INC. 2,170.54 HERI TAGE PARK IMPROVEMENTS DESIGN SVCS 02/28/2022 PLAN JPA 17,135.00 GENE RAL LIABILITY CLAIMS - JAN 2022 02/28/2022 RETIREES 197,796.47 REIMB URSE RETIREE MEDICAL APR-JUN 2022 02/28/2022 SAN RAMON, CITY OF 700,965. 75 DRFA RETIREE BENEFITS JUL-SEP 2021 02/28/2022 SELECT IMAGING 746.17 VO LUNTEER RECOGNITION EVENT POSTERS 02/28/2022 SNG & ASSOCIATES INC. 92.50 ON -CALL PLAN REVIEW SERVICES-CIP/PARKS 02/28/2022 SQUAD ESTATES 3, 430.80 REC CLASS INSTRUCTOR 02/28/2022 TPX COMMUNICATIONS 2,826.88 INTERNET & PHONE SERVICES TO 02/09/22 02/28/2022 TRB AND ASSOCIAT ES, INC. 48,176.25 BL DG INSP/PLAN CHECK & CODE ENFORCEMENT SVCS 02/28/2022 TYLER TECHNOLOGIES, IN C. 11,900.00 TYLER MUNIS ERP SOFTWARE IMPLEMENTATION 02/28/2022 VISION SERVICE PLAN - (CA) 1, 820.26 VISION INSURANCE PREMIUM - FEB 2022 02/28/2022 WEE HOOP, INC. 1,173.00 REC CLASS INSTRUCTOR Payments Issued 2/28/2022 Total: 2,893,042.12
Grand Total for Payments Dated 2/1/2022 through 2/28/2022: 9,030,040.83 Total Number of Payments Issued: 320
77 STAFF REPORT
CITY COUNCIL
Agenda Item 4.5
DATE: March 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Memorandum of Agreement with Fort Hunter Liggett on the Relocation of the Historic Camp Parks Sign and Approval of Agreement with Page and Turnbull for Design Services
Prepared by: Shaun Chilkotowsky, Heritage and Cultural Arts Manager EXECUTIVE SUMMARY:
The City Council will consider approving a Memorandum of Agreement with Fort Hunter Liggett memorializing a collaboration on the restoration/rehabilitation and relocation of the historic Camp Parks entrance sign and guard shack and approving an agreement with Page and Turnbull for design services for the project.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Memorandum of Agreement with Fort Hunter Liggett for Historic Camp Parks Sign Relocation and adopt the Resolution Approving a Consulting Services Agreement with Page and Turnbull for Design Services for the Restoration/Rehabilitation and Relocation of the Historic Camp Parks Entrance Sign and Guard Shack.
FINANCIAL IMPACT:
This project is included in the Fiscal Year 2020-2025 Capital Improvement Program (CIP No.
PK0121) and is funded by the Public Art Fund. There is no impact to the General Fund.
The Consulting Services Agreement between the City of Dublin and Page and Turnbull has a compensation amount not to exceed $178,408, of which $158,408 is for base services and $20,000 is a contingency for additional potential services. The agreement covers design, development of plans and specifications, construction administration, and various other soft costs associated with the project.
The current total project budget is $500,450. It is likely that the project budget increase will be needed to address hazardous materials used in the original construction, the historical significance of the project, and the current condition of the sign. Should additional Public Art 78
funding be necessary, an appropriation request would be made to the City Council during the bid phase of the project. Sufficient funds are available in the Public Art Fund to cover future increases.
DESCRIPTION:
Background
Camp Parks was first established as a military base in World War II. The area was unofficially known as “Fleet City” and included Camp Parks (1942-46), a training and deployment center for the United States’ Navy’s Construction Battalions (“Seabees”); Camp Shoemaker (1943-46), a Navy personnel distribution and separation center; and Shoemaker Naval Hospital (1943-46), one of several Navy installations around the country where women were accepted as enlisted and officer personnel.
The Camp Parks area later housed Alameda County’s Santa Rita Jail (1946 – present); Parks Air Force Base (1951-57); Civil Defense testing facilities (1959-1985); Federal Job Corps (1960s- 1970s); and the U.S. Army’s Parks Reserve Forces Training Area (PRFTA, 1980-present).
In 1944, as a U.S. Navy Seabee was ordered to Camp Parks during World War II, Bruce Goff designed the Camp Parks entrance sign and attached guard shack.
In 1998, the U.S. Army evaluated the Camp Parks entrance sign and determined it to be eligible for listing on the National Register of Historic Places. In 1999 the State Historic Preservation Officer, Office of Historic Preservation, concurred with this assessment. Also, in the late 1990’s, PRFTA and Fort Hunter Liggett (FHL) began investigating restoring the sign and guard shack. That work included environmental reviews, hazardous material sampling, and evaluation of historical and cultural resource impacts.
The current physical location of the sign and guard shack is at the original entrance which is now closed. The sign can be seen when traveling along Dougherty Road just north of Scarlett Court.
The proposed location is adjacent to the new PRFTA entrance at Dougherty Road and Camp Parks Boulevard, just outside the Dublin Camp Parks Military History Center.
Memorandum of Agreement
To formalize the roles and responsibilities for the project, the City and FHL have developed a Memorandum of Agreement (MOA) that provides for the City to fund the design and construction, and FHL to continue to own and maintain the sign as it sits on federal land. The MOA also includes language to ensure public access to the sign for a period of 10 years. The MOA is included as Attachment 2.
Design Services
In October 2021, a Request for Proposals for professional services was issued for a design team that consists of a professional artist with experience in historic building preservation, a historic architect, licensed engineers, or any combination thereof that could provide the necessary professional work to complete the scope of work. Two responses were received, and in December 2021, consultant interviews were conducted. Participants included Staff from the Parks and Community Services Department, Public Works Department, and PRFTA/FHL. 79
The design firm of Page and Turnbull was identified as the top choice due to their vast experience and focus on historic architecture and preservation. The total agreement is proposed to not exceed $178,408, comprising $158,408 for base services and $20,000 for potential changes. The agreement is included with this report as Attachment 4.
Next Steps
Following execution of proposed agreements, the project will follow the traditional design-bid- build process. It is anticipated that the development and approval of plans and specifications will take approximately four months, with bidding and construction to follow. Construction, which includes the restoration and relocation of the sign and guard shack, is estimated to take three to six months.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving a Memorandum of Agreement with Fort Hunter Liggett for Historic Camp Parks Sign Relocation
2) Exhibit A to the Resolution – Memorandum of Agreement Between the City of Dublin and Fort Hunter Liggett for Historic Camp Parks Sign Relocation
3) Resolution Approving a Consulting Services Agreement with Page and Turnbull for Design Services for the Restoration/Rehabilitation and Relocation of the Historic Camp Parks Sign and Guard Shack 4) Exhibit A to the Resolution – Consulting Services Agreement Between the City of Dublin and Page and Turnbull for Design Services for the Restoration and Relocation of the Historic Camp Parks Sign and Guard Shack
80 Attachment 1
Reso. No. XX-22, Item X.X, Adopted 3/15/2022 Page 1 of 2 RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A MEMORANDUM OF AGREEMENT WITH FORT HUNTER LIGGETT FOR
HISTORIC CAMP PARKS SIGN RELOCATION
WHEREAS, the 2020-2025 Capital Improvement Program includes a project (CIP No.
PK0121, funded by the Public Art Fund) to provide the restoration/rehabilitation and relocation of the historic Camp Parks entrance sign; and
WHEREAS, the Camp Parks entrance sign and attached guard shack was designed by renowned artist and architect Bruce Goff, while an active US Navy Seabee, around 1944; and WHEREAS, the Camp Parks entrance sign has become iconic in Dublin and was determined to be eligible for the National Registry of Historic Places; and WHEREAS, parties have a mutual interest in preserving the Camp Parks entrance sign to further preserve and promote local history, and the City of Dublin 2020 Public Art Master Plan that states that art in the public domain adds value to the community, identifies unique history and helps create a sense of place, reflects the diversity of the community, and inspires civic pride; and
WHEREAS, the City and Fort Hunter Liggett have prepared a Memorandum of Agreement that provides for the City to fund the design and construction of the project and Fort Hunter Liggett to continue to own and maintain the restored, rehabilitated, and relocated sign and attached guard shack and provide public access to the sign for a period of 10 years.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the execution of a Memorandum of Agreement with Fort Hunter Liggett, attached hereto as Exhibit A, that memorializes the collaboration on the restoration/rehabilitation and relocation of the historic Camp Parks entrance sign.
BE IT FURTHER RESOLVED that the City Manager is authorized to make any necessary, non-substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of March 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
81 Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2 ATTEST:
_________________________________
City Clerk
82 MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF DUBLIN
AND
FORT HUNTER LIGGETT
FOR
HISTORIC CAMP PARKS SIGN RELOCATION
W81WYN-20-406
1. This is a Memorandum of Agreement (MOA) between The City of Dublin (Dublin) and Fort Hunter Liggett (FHL). When referred to collectively, Dublin and FHL are referred to as the “Parties”.
W
HEREAS, Parks Reserve Forces Training Area (PRFTA) has been a prominent institution in the Dublin area for most of the past century. Countless service members were trained and performed missions in wartime and peace from within Camp Parks boundaries; and
W
HEREAS, In the course of that history, an entrance sign was crafted for Camp Parks in the 1940s and has become iconic to the area; and
W
HEREAS, PRFTA is a sub-installation of Fort Hunter Liggett; and W
HEREAS, With FHL real property exchange and the shifting of roads and buildings, the historic entrance sign is now in a place where it needs to be moved; and W
HEREAS, FHL and Dublin have a mutual interest in partnering on a project that includes relocation of the sign from its original location and restoring the sign to joint standards; and
W
HEREAS, Obtaining funding has been the largest challenge for FHL in initiating this project; and
WHEREAS, Dublin has an interest in providing funding for this project to preserve an iconic piece of community history; and
W
HEREAS, The Camp Parks Entrance Sign has been evaluated for historic significance and has been determined to be eligible for listing on the National Register of Historic Places; and
W
HEREAS, The original creator of the sign, Bruce Goff, has been recognized as a renowned figure of his time and is recognized internationally for his work; and W
HEREAS, Bruce Goff’s artwork and architecture has been on display and in archives at the Art Institute of Chicago; and
Attachment 2
83 2
WHEREAS, Dublin has adopted a Public Art Master Plan that states art in the public domain adds value to the community, identifies unique history and helps create a sense of place, reflects the diversity of the community, and inspires civic pride; and
WHEREAS, Dublin is a valued partner of the Army at PRFTA and its parent organization FHL; and
WHEREAS, Dublin and FHL have entered into many mutually supportive partnerships in the past, and due to proximity to one another, it is of mutual interest to partner in common interests.
2. A UTHORITIES: Title 10 United States Code (U.S.C.) 2679 Installation-support services: intergovernmental support agreements.
3. R EFERENCES: Provisions in this agreement are in accordance with the following:
3.1. Department of Defense Instruction (DoDI) 4000.19, Support Agreements, December 16, 2020.
3.2. DoD Financial Management Regulation (FMR) Volume 11A, Reimbursable Operations Policy, NOV 2014.
3.3. Army Regulation (AR) 5-9, Installation Agreements, APR 2018.
3.4. DoDI 4165.70, Real Property Management, APR 2005.
3.5 The National Historic Preservation Act (54 U.S.C. 300101 et.seq.), OCT 1966.
3.6 Environmental Analysis of Army Actions (32 CFR 651), MAR 2002.
4. P URPOSE AND SCOPE: The purpose of the project is to restore and relocate the historic Camp Parks sign to the current entrance at PRFTA and make it available for public viewing.
5. R ESPONSIBILITIES OF THE PARTIES:
5.1. FHL will -
5.1.1. Provide federal preservation expertise to oversee the removal, renovation, and relocation of the sign in order to ensure the project is conducted following applicable historic preservation procedures and regulatory requirements in compliance with the National Historic Preservation Act (36 CFR 800).
5.1.2. Provide all internal federal communication and logistics required for Dublin to implement the removal, renovation, and relocation of the sign.
Attachment 2
84 3
5.1.3. Conduct National Environmental Policy Act review for the action in accordance with 32 CFR 651.
5.1.4. Provide conceptual design and specifications prepared by U.S. Army Corps of Engineers, Sacramento Districted titled “Relocation of Historic Entrance Sign, PRFTA California, FY-15 Final Design” dated June 23, 2015, and “Relocation of Historic Entrance Sign Camp Parks, California Specification No. 2048” dated July 2015 (Attachment 1) for Dublin’s use in developing a scope of work, request for design proposal, and final design preparation.
5.1.5. Review for approval the sign location prior to Dublin finalizing project location.
5.1.6. Provide quality assurance oversight to ensure the project meets federal standards for engineering, master planning, and environmental compliance.
5.1.7. Ensure public accessibility to the location of the final renovated Camp Parks sign.
5.1.8. Provide Dublin access to the final renovated Camp Parks sign to include the attached guard shack for placing and maintaining displays, for a period of 10 years.
5.1.9. Provide government criteria to be met for construction design: Unified Facilities Criteria found at https://www.wbdg.org/ffc/dod/unified-facilities-criteria-ufc, as well as International Building Codes and California Building Codes.
5. 1.10. Review and approve designs and specifications for the project to ensure compliance with federal, state, and local environmental, building, safety and construction laws and regulations.
5.2. Dublin will -
5.2.1. Solicit request for qualifications from Artist who specialize in Art restoration and have experience with projects of this size and historical value. Ensure scope of work includes the conceptual Designs and Specifications provided by FHL for the restoration and relocation of the Camp Parks Entrance Sign (Attachment 1), and requirements to comply with federal, State and local environmental, safety and construction laws, regulations and policies. A Structural PE licensed in CA is needed to develop the design and construction documentation, act as Engineer of Record, and oversee construction.
5.2.2. Fund the contract to move the sign.
5.2.3. Coordinate meetings to select a vendor that would receive recommendation and final approval from City Council.
Attachment 2
85 4
5.2.4. Allow FHL to review the solicitation process so that applicable criteria are met to the extent possible not withholding any changes to existing City purchasing policies, public contract code, and City Council approvals.
5.2.5. Within fiscal confines, comply with decisions made by FHL General Engineer and FHL Environmental Division Chief when exercising authority to ensure compliance with applicable laws, regulations, and policies, such as building standards, National Historic Preservation Act, Clean Air Act for proper containment and disposal of asbestos, and the Toxic Substances Control Act for proper containment and disposal of lead based paint, if present.
5.2.6. Restore and relocate the sign following the Designs and Specifications , or where deviation is recommended, obtain all necessary approvals from the designer of record and FHL prior to implementation.
6. R
EAL PROPERTY: FHL will provide Dublin and the general public access to the Camp Parks Sign, and provide security and administrative oversight
7. S PECIFIC PROVISIONS:
7.1. In case of mobilization or other emergency, this agreement will remain in force only within supplier’s capabilities.
7.2. Each Party is responsible for all costs of its personnel including pay and benefits, support, and travel. Each party is responsible for supervision and management of its personnel. Dublin and FHL will work in coordination to ensure compliance with regulatory guidance.
8. G ENERAL PROVISIONS:
8.1. P OINTS OF CONTACT: The following points of contact (POC) will be used by the Parties to communicate in the implementation of this MOA. Each Party may change its point of contact upon reasonable notice to the other Party.
8.1.1. For FHL -
8.1.1.1. Cultural Resources Program Manager, 831.386.2520
8.1.1.2. Environmental Division, 831.484.4174
8.1.1.3. Engineering Division, 831.386.2414
8.1.2. For Dublin -
8.1.2.1. City Manager, 925.833.6600
8.1.2.2. Parks and Community Services Dir., 925.556.4500
8.1.2.3. Heritage and Cultural Arts Manager, 925.556.4565
Attachment 2
86 5
9. S UPPORT PROVIDED BY OTHER ORGANIZATIONS OR AGENCIES: The following support is provided by organization or agencies which are not under the mission command of FHL. The Receiver will direct all requests for this support to the appropriate organization or agency. The following support category provisions are provided for information purposes only.
SUPPLIER SUPPORT CATEGORY Action
U.S. Army Corps of
Engineers Historical Architect Services Contact FHL for services
9.1 C ORRESPONDENCE: All correspondence to be sent and notices to be given pursuant to this agreement will be addressed, if to FHL, to –
9.1.1. DPW, Environmental, Cultural Resources, Bldg. 232, California Avenue, Fort Hunter Liggett, CA 93928 or as may from time to time otherwise be directed by the Parties.
9.1.2. Heritage and Cultural Arts Manager, 100 Civic Plaza, Dublin, CA 94568 or as may from time to time otherwise be directed by the Parties.
9.1.3. REVIEW OF AGREEMENT: This agreement will be reviewed on or around the anniversary of its effective date annually for financial impacts; if there are substantial changes in resource requirements, the agreement will be reviewed in its entirety.
Amendments may be made to this agreement by mutual written consent of both parties.
9.1.4 MODIFICATION OF AGREEMENT: This agreement may only be modified by the written agreement of the Parties, duly signed by their authorized representatives.
9.1.5 DISPUTES: Any disputes relating to this agreement will, subject to any applicable law, Executive Order, Directive, or Instruction, be resolved by consultation between the Parties or in accordance with reference 3.1 and 3.3.
9.1.6 TERMINATION OF AGREEMENT: This agreement may be terminated by either Party by giving at least 2 years written notice on a memorandum to the other.
The agreement may also be terminated at any time upon the mutual written consent of the Parties. Dublin shall be responsible for payment of unavoidable termination costs associated with significant modification, early termination, closing, or continuing any on- going contractual actions issued during the term of this agreement.
9.1.7. T
RANSFERABILITY: This Agreement is not transferable except with the written consent of the Parties.
Attachment 2
87 6
9.1.8. ENTIRE AGREEMENT: It is expressly understood and agreed that this agreement embodies the entire agreement between the Parties regarding the agreement’s subject matter. Nothing in this agreement is intended or should be interpreted to require any obligation or expenditure of funds in violation of the Anti- Deficiency Act, 31 U.S.C. § 1341.
9.1.9 E
FFECTIVE DATE: This agreement takes effect beginning on the day after the last party signs and a change of incumbents does not void this agreement.
This agreement will remain in effect until the expiration date unless it is superseded or terminated.
9.1.10. E XPIRATION DATE: This Agreement expires ten years after it is signed.
9.1.11. C ANCELLATION OR MODIFICATION OF PREVIOUS AGREEMENT: None.
10. F INANCIAL DETAILS:
10.1. FHL will -
10.1.1. Provide funding for federal historic preservation expertise.
10.1.2 Provide funding for any applicable fees associated with FHL review, permitting, and approval of the documents prepared by the designer of record.
10.1.3 Provide funding for any construction oversight, inspections, and final approval of construction/installation of the sign in its new location.
10.2. Dublin will -
10.2.1. Contract the vendor who can move the sign according to standards mutually agreed upon by FHL and Dublin.
10.2.2. Provide funds associated with the vendor and materials required to renovate the sign and attached guard shack.
10.2.3 Utilize funding as budgeted in the City’s Capital Improvement Program, project PK0121, which is not to exceed $500,000.
SIGNATURES ON FOLLOWING PAGE
Attachment 2
88 7
10.3. OSJA REVIEW:
The U.S. Army Garrison Command, Fort Hunter Liggett Office of the Staff Judge Advocate reviewed this agreement and found it to be legally sufficient.
(Jason S. Frankenfield, LTC, Attorney) (Date)
AGREED:
For Dublin –
For The Army –
Linda Smith Lisa Lamb City Manager COL, LG
(Date) (Date)
Marsha Moore John Bakker
City Clerk City Attorney
(Date) (Date) Attachment 2
89 Attachment 3
Reso. No. XX-22, Item X.X, Adopted 3/15/2022 Page 1 of 2 RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A CONSULTING SERVICES AGREEMENT WITH PAGE AND TURNBULL FOR
DESIGN SERVICES FOR THE RESTORATION/REHABILITATION AND RELOCATION OF
THE HISTORIC CAMP PARKS ENTRANCE SIGN AND GUARD SHACK
WHEREAS, the 2020-2025 Capital Improvement Program includes a project to fund the restoration/rehabilitation and relocation of the historic Camp Parks sign; and WHEREAS, the historic Camp Parks sign and attached guard shack was designed by renowned artist and architect Bruce Goff, while an active US Navy Seabee, around 1944; and WHEREAS, the historic Camp Parks sign is an iconic piece in Dublin and was determined to be eligible for the National Registry of Historic Places; and WHEREAS, a Request for Proposals was solicited seeking design firms with expertise in historic building preservation to lead the development of design plans and specifications for the project; and
WHEREAS, the historic architecture firm Page and Turnbull was selected to complete the design phase of the project and has demonstrated the ability to perform said services; and WHEREAS, the agreement with Page and Turnbull is for a not-to-exceed amount of $158,408 for the base scope of services, and Staff recommends a $20,000 in contingency for unforeseen needs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the execution of a Consultant Services Agreement with Page and Turnbull for the development of design plans and specifications for the restoration/rehabilitation and relocation of the historic Camp Parks sign and guard shack, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute amendments to the Agreement up to $20,000, and make any necessary, non-substantive changes to the agreement to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of March 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
90 Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2 ______________________________
Mayor
ATTEST:
_________________________________
City Clerk
91 Consulting Services Agreement between City of Dublin and March 15, 2022 Page and Turnbull Page 1 of 15
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
PAGE AND TURNBULL
FOR
DESIGN SERVICES FOR THE RESTORATION/REHABILATION AND RELOCATION OF THE HISTORIC
CAMP PARKS ENTRANCE SIGN AND GUARD SHACK
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and Page and Turnbull (“Consultant”) (together sometimes referred to as the “Parties”) as of March 15, 2022 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works Attachment 4
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within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the California Labor Code applicable to public works, to the extent set forth in Exhibit D.
1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section 1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Section 2. COMPENSATI ON. City hereby agrees to pay Consultant as per the compensation schedule in Exhibit B, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement.
Notwithstanding the foregoing, an additional $20,000 is available for additional scope, if needed, not listed in Exhibit B, but only with the City Managers prior approval. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
Attachment 4
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Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
Attachment 4
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In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall not exceed $8,000. Expenses not listed in Exhibit B are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITI ES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this Attachment 4
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Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Au tomobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under Attachment 4
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this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, offi cials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waiv e subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
Attachment 4
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4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not r enewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 3 years after completion of work under this Agreement.
d. A copy of the claim reporting require ments must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Attachment 4
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Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City’s business; and is Attachment 4
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customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, Attachment 4
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creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINAT ION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
Attachment 4
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8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, dr awings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to comp lete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference betwe en the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to Attachment 4
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the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant Attachment 4
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understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Page and Turnbull
170 Maiden Lane, 5th Floor
San Francisco, CA 94108
Any written notice to City shall be sent to:
City of Dublin
Attn: Parks and Community Services Director
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C and D represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Sc hedule & Reimbursable Expenses Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information
10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute Attachment 4
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one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in inv estment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
Attachment 4
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN Page and Turnbull
Linda Smith, City Manager Lada Kocherovsky, Principal
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070368.1
C38046
Attachment 4
106
Consulting Services Agreement between City of Dublin and Last revised March 15, 2022 Page and Turnbull Exhibit A – Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
Attachment 4
Attachment 4
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LOS ANGELES SACRAMENTO SAN FRANCISCO
EXHIBIT A – SCOPE OF SERVICES
Scope of Basic Services
GENERAL
Page & Turnbull’s Basic Services are broken down into the following phases: Project Initiation and Start up; Conditions Assessment & Historic Documentation; Pre-Design and Consultation, Construction Documents, Limited Permit and Bid Coordination; and Construction Administration.
Preparation for and attendance at hearings are identified as an optional phase. Tasks associated with these phases are described below.
PHASE 1: PROJECT INITIATION & STARTUP
Page & Turnbull will clarify project schedule and deliverables, and define the roles and responsibilities of each member of the project and client team. The project manager will produce a Project Team directory and schedule which will be updated on a regular basis. We will establish communication protocols, an online filesharing site, and review client’s expectations and proposed work plan for the project. We will conduct a thorough review of background documents and resources which will properly frame the context for the planning and relocation effort. Upon reviewing available background information, including base maps, topographic surveys, and utility information, we will identify any information gaps and submit to client.
Phase 1 Deliverables
Project Startup deliverables include:
▪ Work Plan and communication protocols memorandum
▪ Information gaps submittal, if applicable
▪ Project Schedule
▪ Team Directory
PHASE 2: CONDITIONS ASSESSMENT & HISTORIC DOCUMENTATION Page & Turnbull will conduct a one-day (1) site visit to assess and document the physical conditions of the Camp Park sign and document. We will review and document findings in a draft conditions assessment and due diligence report which will summarize historic status, sign/structure condition, initial stabilization recommendations, code deficiencies, and other infrastructure findings of the sign Attachment 4
Attachment 4
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Camp Parks Sign Relocation – Revision 3 [P20270]
PAGE & TURNBULL LOS ANGELES SACRAMENTO SAN FRANCISCO as-found. We will submit a draft copy of this report to the Client for review and prepare a final report upon receipt of one (1) set of consolidated comments.
Phase 2 Deliverables
▪ Draft Existing Conditions Assessment Due Diligence Report ▪ Final Existing Conditions Assessment Due Diligence Report
PHASE 3: PRE-DESIGN AND CONSULTATION
Page & Turnbull will host a Project Team kick-off meeting to discuss programming, relocation options and interpretive exhibit approach for the Camp Park Sign. It is assumed that the Client has chosen the Receiver site and will provide background drawings as required. Th e Project Team will prepare the receiver site layout, and two (2) relocation approach options (Full Disassembly/Rebuild, Partial Disassembly/Rebuild or Full Move/Relocation) for review with Client. We will prepare for and attend one (1) OAC meeting to discuss options noted above. We will coordinate with the Cost Estimator to provide a thorough review and a ROM (Rough Order of Magnitude) cost assessment of the report.
Phase 3 Deliverables
▪ Project Team Kickoff Meeting Minutes
▪ Diagrammatic Site Layout depicting Move/Relocation approach ▪ ROM cost estimate.
PHASE 4: CONSTRUCTION DOCUMENTS
Upon Client’s confirmation of the proposed approach for the project, we will prepare Construction Document (CD) Drawings and specifications for the Camp Park sign relocation. CD drawings will include fully annotated architectural and structural plans, sections, elevations, and or details related to the disassembly/reassembly as well as grading, drainage and utility plans for the receiver site. CD drawings and specifications will be issued at 75% and 100%. The 75% CD set will issued for plan check. The 100% CD set will be issued for bidding. Cost estimate will be provided at the 75% CD milestone. It is anticipated that the Client will retain an industrial hygienist directly to provide specifications for the abatement of hazardous materials. P&T will review the specifications and provide Historic Treatment Procedures guidelines for coordination. We will integrate the abatement specifications, as well as Client-generated Division 1 specifications into the P&T-prepared technical sections.
Attachment 4
Attachment 4
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Camp Parks Sign Relocation – Revision 3 [P20270]
PAGE & TURNBULL LOS ANGELES SACRAMENTO SAN FRANCISCO Phase 4 Deliverables
Construction Documents deliverables include:
▪ Project schedule, updated.
▪ 75% CD Documents and cost estimate. Note that all drawings submittals will be on 30- inch by 40-inch sheets.
▪ Materials and finish board(s)
▪ 75% CD Documents to be used for first Plan Check submittal with the Building Department.
▪ Written plan check comment response and revised drawings, as required , to obtain final building permit.
▪ 100% CD drawings and Project Specifications for bid procurement.
PHASE 5: BIDDING (TIME & MATERIALS, NTE)
Page & Turnbull will assist the Client and Client-selected Construction Manager (CM) with Bidding, and Negotiation. This service will be provided on a Time & Materials Basis with a Not-To-Exceed (NTE) amount of $24,000. We will coordinate with the Structural Engineer, Electrical Engineer, and Client, and will attend in a pre-bid walk-through with prospective bidders. We will assist the Client and/or CM with bid review, however it is anticipated that the CM will lead this effort. We will respond to bidder questions related to the project provided to us by the CM in written form and assist with preparation of the addenda to clarify the technical aspects of the project.
Phase 5 Deliverables
Bidding & Negotiation deliverables include, in digital form:
▪ Bid RFI responses as required.
▪ Bid Addenda, as required.
PHASE 6: CONSTRUCTION ADMINISTRATION (TIME & MATERIALS, NTE) Page & Turnbull will provide Phase 6: Construction Administration services on a Time & Materials Basis with a Not-To-Exceed (NTE) mount of $31,000. During Construction Administration, the Page & Turnbull Team’s site visits will be limited to one (1) kick-off visit, one (1) visit midway through construction to review samples / mock-ups, or answer contractor questions, and one (1) final punch list walk-through with the Contractor and Client. Items to be completed will be documented in written and photographic format and distributed digitally. We will respond to Requests for Information (RFIs) and review project submittals, including product data, shop drawings, calculations, and samples (2 reviews maximum per submittal). .
Attachment 4
Attachment 4
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Camp Parks Sign Relocation – Revision 3 [P20270]
PAGE & TURNBULL LOS ANGELES SACRAMENTO SAN FRANCISCO
Phase 6 Deliverables
Construction Administration deliverables include:
▪ Response to submittals
▪ Response to RFIs
▪ Punchlist mark up
ADDITIONAL OPTIONAL SERVICES - NOT INCLUDED IN PROPOSAL The following design services are not included in Basic Services but may be required for the Project.
The consultants performing these services would contract directly with the Client.
AS.1. Hazardous materials abatement (see Phase 4)
Assumptions & Exclusions
1. All deliverables will be provided in digital format unless noted otherwise. The Client will pay for printing of Client requested and/or required documents.
2. All meetings to be conducted in a virtual format unless indicated otherwise above.
3. Additional site visits are excluded but can be arranged as part of additional service.
4. It is assumed that the Client will have a dedicated project manager to serve as Client’s representative and primary contact.
5. It is assumed that the Client will have a dedicated Construction Manager to lead Bidding, Permitting, and Construction Administration phases.
6. Client to provide typical bid forms and Division 1 specifications to the design team to integrate into the project documents.
7. Consultant disciplines other than those included in this proposal are excluded.
8. The following are not included in Page & Turnbull’s and our subconsultant’s proposed services:
▪ Identification of hazardous materials or design of hazardous material remediation. ▪ Geologic/soils testing or soils engineering.
▪ Surveying and utility mapping.
▪ Hydrology/drainage calculations.
▪ Contractor assistance for inspection openings, sample removal, difficult access, temporary lighting, etc.
▪ Services pertaining to utility infrastructure
Attachment 4
Attachment 4
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Camp Parks Sign Relocation – Revision 3 [P20270]
PAGE & TURNBULL LOS ANGELES SACRAMENTO SAN FRANCISCO ▪ Preparation of financial incentive applications.
▪ Attendance or presentation at public meetings (other than as already identified above). ▪ Permit fees.
▪ Construction administration services beyond those identified in this scope of work.
Attachment 4
Attachment 4
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Consulting Services Agreement between City of Dublin and Last revised March 15, 2022 Page and Turnbull Exhibit B – Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Attachment 4
Attachment 4
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3/2/2022
Camp Parks Sign Relocation
Fee Summary - Revision Feb 2022
Project Initiation & Startup
Contracting and project start up
Gather and review background materials
Internal project kickoff mtg
2,340$ 14
Conditions Assessment & Historic Documentation
Site visit - Conditions Assessment (1 day)
Document Existing Conditions
Due Diligence research and documentation
Draft conditions assessment & due diligence report
Historic Status and Evaluation Confirmation
Structural Stabilization or Treatment Recommendations
Code and ADA Conformance
MEP and Infrastructure Requirements
Final Draft Due Diligence Document
9,650$
74 Pre-Design and Consultation
Project Team Kickoff Mtg
Programming for Relocation
Prepare Receiver Site Layout
Prepare Preliminary Move / Relocation Options (2)
ROM cost estimate
Client Review and Comment
23,855$
155
Construction Documents
Develop 75% CD (permit set) and 100% CD (bid set) of drawings and specs Move/Relocation of sign & booth
Materials and Finish Board
Cost Estimate at 75% CD
Client Review / Comments
100% CDs and Specifications for Bid Procurement
Cost estimate at 100% CD
59,500$ 429
Permit & Bid Coordination (hourly NTE)
Permit coordination & submittal assistance
Permit comments / revisions
Assist with preparation of Bid Documents
Pre-bid meeting (on-site)
Bid RFI and responses
24,010$ 162
Construction Administration (hourly NTE)
Construction Kick-off mtg
RFI and Submittal responses
Progress meetings (attend remotely as needed, up to 24 hours total) Construction Aministration site visit (assume midway, 1 total) Punch list and final walk through (assume 1 site visit) 31,045$ 200
Subtotal Fee and Hours 150,400$ 1062
Allowance: Specifications writer 5,000$
Expenses @ apprx. 2% 3,008$
Transportation; Printing and Materials; Incidental Services Total Fee & Expenses and Hours 158,408$ 1062
3 6
4 5
1 Fee Per Task
2 Phase Description Total Hours
E
Attachment 4
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Consulting Services Agreement between City of Dublin and Last revised March 15, 2022 Page and Turnbull Exhibit C – Page 1 of 1
EXHIBIT C
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and after completion of Consultant’s work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold harmless the City (including its elected officials, officers, employees, and volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant’s services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault.
Attachment 4
Attachment 4
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Consulting Services Agreement between City of Dublin and Last revised March 15, 2022 Page and Turnbull Exhibit D – Page 1 of 3
EXHIBIT D
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Sect ion 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.
B. In accordance with California Labor Code Sect ion 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of Attachment 4
Attachment 4
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Consulting Services Agreement between City of Dublin and Last revised March 15, 2022 Page and Turnbull Exhibit D – Page 2 of 3
prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:
1. The contract executed betw een the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of t he specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.
3. Upon becoming aware of a subcontractor’s failu re to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.
4. Prior to making final payment to the subcon tractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, 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 in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the require ments of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Attachment 4
Attachment 4
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Consulting Services Agreement between City of Dublin and Last revised March 15, 2022 Page and Turnbull Exhibit D – Page 3 of 3
Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Se ction 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Cons ultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
3070368.1
Attachment 4
Attachment 4
118
STAFF REPORT
CITY COUNCIL
Agenda Item 4.6
DATE: March 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of the Cities of Dublin and Pleasanton Disaster Debris Management Plan
Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY:
The City Council will consider approving the Cities of Dublin and Pleasanton Disaster Debris Management Plan.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Cities of Dublin and Pleasanton Disaster Debris Management Plan.
FINANCIAL IMPACT:
There are no immediate financial impacts associated with the Disaster Debris Management Plan.
However, the Plan provides the required processes and procedures that the City will follow to ensure the costs of disaster debris operations are eligible for reimbursement by the State and Federal Government.
DESCRIPTION:
Background
The Tri-Valley Local Hazard Mitigation Plan (LHMP) was adopted in 2018 by the Cities of Dublin, Pleasanton, and Livermore, together with the Livermore-Pleasanton Fire Department, Dublin San Ramon Services District, and the Lawrence Livermore National Laboratory, to provide a uniform hazard mitigation strategy for the Tri-Valley area. One of the objectives identified in the LHMP is “Develop a Regional Catastrophic Debris Management Plan to minimize recovery time post- disaster.” To achieve this, Dublin partnered with the City of Pleasanton to develop the Disaster Debris Management Plan (DDMP).
The Cities of Dublin and Pleasanton (Cities) initiated the disaster debris planning project by 119
forming the Hazard Mitigation Plan Steering Committee, which included representatives from each City and project staff from consulting firm, Integrated Solutions Consulting. Other stakeholders, including staff from the City of Livermore, Pleasanton Garbage Service, and Amador Valley Industries, were consulted throughout the project.
Plan Overview
Disasters will result in large expenditures of labor, equipment, materials, and supplies at substantial cost. The Cities must be able to provide an early, safe, and quick response to restoring public safety and providing environmentally safe and economically viable conditions to the disaster-affected areas.
The DDMP addresses how the response to a debris-generating incident will be coordinated with local, state, and federal partners. The DDMP does not address routine debris incidents that the Cities can manage as a part of normal business, rather, it focuses on potential large-scale disasters that can generate significant volumes of debris requiring an extraordinary response.
Specifically, the DDMP intends to:
Establish coordinated debris management operations, including debris removal, reduction, recycling, haul-out, final disposal, and documentation. Provide a debris management organization for each City. Identify the roles and responsibilities of departments and agencies with a role in response. Describe the resource management strategy for debris operations.
The adoption of the DDMP furthers the City’s disaster preparedness efforts and will guide the City’s response during any future disaster debris operations.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving the Cities of Dublin and Pleasanton Disaster Debris Management Plan 2) Exhibit A to the Resolution – Cities of Dublin and Pleasanton Disaster Debris Management Plan 120
Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 2 RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE CITIES OF DUBLIN AND PLEASANTON
DISASTER DEBRIS MANAGEMENT PLAN
WHEREAS, the City of Dublin recognizes that debris removal is a major component of every disaster recovery operation; and
WHEREAS, manmade and natural disasters can generate a substantial volume of debris causing considerable disposal challenges for local communities; and WHEREAS, having a coordinated plan in advance of a disaster event that can be immediately implemented will expedite the clearing of debris from public rights of way and allow the City to return to normalcy; and
WHEREAS, the 2018 Tri-Valley Local Hazard Mitigation Plan identifies “Develop[ing] a Regional Catastrophic Debris Management Plan to minimize recovery time post-disaster” as a task under the “Hazard Mitigation Action Plan;” and
WHEREAS, the City of Dublin partnered with the City of Pleasanton to develop a Disaster Debris Management Plan, which is attached as Exhibit A to this Resolution; and WHEREAS, the Cities of Dublin and Pleasanton Disaster Debris Management Plan (DDMP) provides a comprehensive framework for the management of debris following a disaster, and addresses the roles and responsibilities of City departments, other government organizations, as well as private firms and nongovernmental organizations, that might have a role in debris operations; and
WHEREAS, the DDMP ensures consistency with current policy guidance such as the current Stafford Act Public Assistance Program policies contained in the June 2020 Federal Emergency Management Agency (FEMA) Public Assistance Program and Policy Guide; and the July 2007 Public Assistance Debris Management Guide (FEMA-325) ; and describes the interrelationship with other levels of government.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Cities of Dublin and Pleasanton Disaster Debris Management Plan.
PASSED, APPROVED AND ADOPTED this 15th day of March 2022, by the following vote:
AYES:
NOES:
ABSENT:
121
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2 ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
122
i
Attachment 2
Exhibit A to the Resolution
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 ii
Letter of Promulgation
City of Dublin Disaster Debris Management Plan
PROMULGATION
The City of Dublin Disaster Debris Management Plan (DDMP) provides a comprehensive framework for the management of debris following a disaster. It addresses the roles and responsibilities of City departments, other government organizations, as well as private firms and nongovernmental organizations that might have a role in debris operations.
The City of Dublin DDMP ensures consistency with current policy guidance and describes the interrelationship with other levels of government. The plan will continue to evolve, responding to lessons learned from actual disaster and emergency experiences, ongoing planning efforts, training and exercise activities, and federal guidance.
Therefore, in recognition of the role of the City in managing debris following a disaster and with the authority vested in me as the City Manager/Director of Emergency Services, I hereby promulgate the City of Dublin DDMP.
____________________________________ ____________
Linda Smith, City Manager Date
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 iii
Record of Changes
The following table documents the revisions made to this plan. This plan should be reviewed and updated annually.
Date Summary of Changes Revised Sections Revised by
(Organization/Title)
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 iv
Distribution
The following table documents when and to whom copies of the plan have been distributed.
Date Plan Version or
Date of Plan
Method of
Distribution
(Email, Post on
Server, Provide
Hard Copy, etc.)
Distributed To (Name and
Department/Organization)
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 v
Table of Contents
Letter of Promulgation................................................................................................................................... ii Record of Changes .......................................................................................................................................iii Distribution ................................................................................................................................................... iv Table of Contents.......................................................................................................................................... v
1. Introduction ...............................................................................................................................................1
1.1 Debris Management Overview............................................................................................................1
1.2 Purpose...............................................................................................................................................1
1.3 Background .........................................................................................................................................1
1.3.1 Debris Planning Process..............................................................................................................2
1.3.2 Plan Scope...................................................................................................................................2
1.4 Incidents and Assumptions .................................................................................................................4
1.4.1 Debris Scenarios..........................................................................................................................4
1.4.2 Debris Estimates ..........................................................................................................................6
1.4.3 Debris Planning Assumptions ....................................................................................................11
1.5 Plan Goal and Objectives..................................................................................................................12
2. Organization and Responsibilities...........................................................................................................13
2.1 Debris Operations Staffing and Organization ...................................................................................13
2.1.1 Debris Management Group Supervisor .....................................................................................13
2.1.2 Street Clearing Task Force Leader............................................................................................14
2.1.3 Debris Collection and Disposal Task Force Leader...................................................................14
2.1.4 Environmental Health Task Force Leader .................................................................................15
2.1.5 Debris Removal Task Force Teams ..........................................................................................15
2.2 Roles and Responsibilities................................................................................................................15
2.2.1 City of Dublin Departmental Roles and Responsibilities............................................................15
2.2.2 City of Pleasanton Departmental Roles and Responsibilities....................................................17
2.2.3 Other Local Agency Roles and Responsibilities ........................................................................19
2.2.4 Alameda County.........................................................................................................................19
2.2.5 State Agencies ...........................................................................................................................20
2.2.6 Federal Agencies .......................................................................................................................21
2.2.7 Private Sector Business Enterprise, Commercial Sector...........................................................21
2.2.8 Nonprofit Sector .........................................................................................................................23
2.2.9 Residents ...................................................................................................................................23 127
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3. Debris Operations ...................................................................................................................................24
3.1 Priorities ............................................................................................................................................24
3.2 Debris Operations .............................................................................................................................24
3.2.1 Response ...................................................................................................................................25
3.2.2 Recovery ....................................................................................................................................30
3.3 Collection and Removal Strategy......................................................................................................31
3.3.1 Emergency Roadway Clearance ...............................................................................................31
3.3.2 Right-of-Way Collection .............................................................................................................32
3.3.3 Use and Procurement of Contracted Services...........................................................................34
3.3.4 Monitoring of Debris Operations ................................................................................................34
3.3.5 Use of Force Account Resources...............................................................................................35
3.3.6 Environmental Considerations and Other Regulatory Requirements........................................36
3.3.7 Populations with Disabilities and Other Access and Functional Needs.....................................42
3.4 Debris Disposal Locations and Debris Management Sites ...............................................................43
3.4.1 Temporary Debris Management Site Criteria ............................................................................44
3.4.2 Landfill and End Use Options Assessment................................................................................44
3.5 Special Debris Programs ..................................................................................................................45
3.5.1 Private Property Debris Removal...............................................................................................45
3.5.2 Hazardous Trees........................................................................................................................46
3.5.3 Human Remains ........................................................................................................................49
3.5.4 Crime Scene Debris ...................................................................................................................49
3.5.5 Wildland Fires and Drought .......................................................................................................51
3.5.6 Abatement and Demolition.........................................................................................................52
3.5.7 Mobile Home Park Procedures ..................................................................................................52
4. Contracted Services................................................................................................................................53
4.1 Emergency Contracting/Procurement Procedures ...........................................................................53
4.2 General Contract Provisions .............................................................................................................54
4.3 Contract Terms and Conditions ........................................................................................................54
5. Finance, Administration and Logistics ....................................................................................................57
5.1 Funding .............................................................................................................................................57
5.1.1 State Funding Sources for Disaster Debris Operations.............................................................57
5.1.2 FEMA Public Assistance Program .............................................................................................58
5.1.3 Public Assistance Program Alternative Procedures ..................................................................63
5.1.4 Other Funding Options...............................................................................................................64
5.2 Documentation ..................................................................................................................................64 128
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6. Public Information Plan ...........................................................................................................................66
6.1 Messaging:........................................................................................................................................66
6.2 Distribution Strategy..........................................................................................................................67
6.3 Health and Safety Public Information................................................................................................68
7. Plan Maintenance ...................................................................................................................................70
7.1 Review and Revised Plan Approval..................................................................................................70
7.2 FEMA Debris Plan Approval .............................................................................................................70
7.3 Training .............................................................................................................................................70
7.4 Exercises...........................................................................................................................................72 Appendices .................................................................................................................................................73 Appendix A: Acronyms and Glossary .....................................................................................................74 Appendix B: List of Pre-Qualified Contractors ........................................................................................77 Appendix C: Load Tickets .......................................................................................................................78 Attachments ................................................................................................................................................81 Attachment A: City Debris Management Equipment ..............................................................................82 Attachment B: Debris Management Position Job Aids ...........................................................................86 Attachment C: Debris Contracting Guidance ..........................................................................................91 Attachment D: Disaster Debris Contract Checklist .................................................................................97 Attachment E: Sample Debris Hauler Request for Proposals ..............................................................115 Attachment F: Health and Safety Strategy............................................................................................154 Attachment G: Sample Debris Management Site Memorandum of Agreement ...................................160 Attachment H: Field Documentation .....................................................................................................165 Attachment I: Contractor, Disposal and Recycling Contacts ................................................................174 Attachment J: Sample Press Release ..................................................................................................178 Attachment K: Hazardous Stump Extraction and Removal ..................................................................181 Attachment L: Temporary Debris Management Site Guidance ............................................................185 Attachment M: Sample Right of Entry Permit .......................................................................................190 Attachment N: Priority Road List...........................................................................................................193 Attachment O: Critical Facilities List .....................................................................................................197 129
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 1 1. Introduction
The City of Dublin and the City of Pleasanton (Cities) recognize the responsibility to be prepared for a debris-generating incident. It is vital to plan for the protection of the public health, safety, and welfare of residents and visitors if such an event occurs. Disasters can produce substantial volumes of debris, creating hazardous conditions that endanger the public and disrupt the essential daily lives and economy of the community.
1.1 Debris Management Overview
Disasters will result in large expenditures of labor, equipment, materials, and supplies at substantial cost. The Cities must be able to provide an early, safe, and quick response to restoring public safety and providing environmentally safe and economically viable conditions to the disaster-affected areas. To this end, the Cities have developed this Disaster Debris Management Plan (DDMP).
This DDMP addresses how the response to a debris-generating incident will be coordinated with local, state, and federal partners. The DDMP does not address routine debris incidents that the Cities can manage; the operational concepts reflected in this plan focus on potential large-scale disasters that can generate significant volumes of debris requiring an unusual or extraordinary response.
1.2 Purpose
The purpose of this plan is to provide a framework for how disaster debris operations will be managed by the Cities. This plan intends to:
Establish coordinated debris management operations, including debris removal, reduction, recycling, haul-out, final disposal, and documentation. Provide a debris management organization for each City. Identify the roles and responsibilities of departments and agencies with a role in response. Describe the resource management strategy for debris operations.
1.3 Background
This debris management plan establishes procedures and guidelines for managing disaster debris in a coordinated, environmentally responsible, and cost-effective manner. The plan:
Facilitates response and recovery activities
Enables the quick return of a community to normalcy
Reduces impacts to humans and the environment
Ensures effective use of resources
Helps to control and minimize costs
Aids in complying with applicable local, state/tribal/territorial, and Federal regulations 130
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 2 The human, financial, environmental, and political costs associated with insufficient debris management planning can be devastating.
Disaster debris can complicate and delay disaster response activities such as medical care, transportation of victims or relief teams, firefighting, and provision of shelter, food, and water to disaster survivors.
Disaster debris can complicate and delay the short- and long-term recovery of the community and its return to normalcy.
1.3.1 Debris Planning Process
The DDMP was developed using guidance outlined in the Federal Emergency Management Agency (FEMA) Public Assistance Debris Management Guide FEMA-325, July 2007, and Public Assistance Debris Management Plan Workshop Student Handbook Supplement to FEMA P604, September 2009.
The Cities initiated the disaster debris planning project by forming the Disaster Debris Planning Team (DDPT) which included a representative from each City and project staff from consulting firm, Integrated Solutions Consulting. Additional City staff and stakeholders such as the City of Livermore, Pleasanton Garbage Service, and Amador Valley Industries were consulted throughout project.
The DDPT conducted the following planning meetings to engage stakeholders and gain feedback for the development of the plan:
Project Kickoff Meeting
Stakeholders attended an initial meeting to gain an understanding of the project, including disaster debris management processes. The group identified key project objectives, discussed the planning process, and reviewed resources available to support plan development. The meeting introduced key concepts and processes in disaster debris management.
Working Group Meetings
Working group meetings were held with staff members from City departments and other stakeholders that have a role in debris operations. Attendees provided the information needed for plan development. During these meetings, planners discussed roles and responsibilities, available resources, and desired outcomes to enhance plan development. Environmental and regulatory issues related to disaster debris management operations were reviewed.
Plan Draft Review Working Group Meeting
The Plan Draft Review Working Group Meeting was conducted to review the draft plan with the DDPT. Input from the DDPT was used to revise and finalize the DDMP.
1.3.2 Plan Scope
This plan's scope pertains to disaster debris operations for an incident that causes widespread damage in the Cities of Dublin and Pleasanton. This plan complies with the principles and requirements found in federal and state laws, regulations, and guidelines. This plan also complies with the National Incident Management System (NIMS), National Response Framework, National Disaster Recovery Framework, and the Standardized Emergency Management System (SEMS). 131
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 3 1.3.2.1 Population, Demographics and Physical Characteristics The following information was retrieved from the U.S. Census Bureau and the 2018 Tri-Valley Local Hazard Mitigation Plan. The hazard mitigation plan provides a complete community profile including population, demographics, and physical characteristics. An abridged version is provided here for the context of the DDMP.
City of Dublin
The City of Dublin occupies 14.91 square miles. The U.S. Census Bureau 2020 population estimate for the City was approximately 72,589 people. According to the 2019 American Community Survey
45.2% of the population of the City speak a language other than English at home with 11% of that percentage indicating they speak English less than very well. This means that public information regarding set-out procedures and the safe handling of debris will need to be accessible in multiple formats.
During disasters, populations with functional and access needs and socio-economic barriers often have less access to resources and support. According to the U.S. Census Bureau, approximately
9.1% of the population of the City, or about 6,606 people, are at or over the age of 65, and 4.0% of the population is living below the poverty level.
Debris managers must be cognizant of how disaster debris can further impact individuals with disabilities and access and functional needs. Section 3.3.7 of this plan provides a more detailed description of best practices during debris operations to support this population.
City of Pleasanton
The City of Pleasanton occupies 24.11 square miles. The U.S. Census Bureau 2020 population estimate for the City was approximately 79,871 people. According to the 2019 American Community Survey 36.9% of the population of the City speak a language other than English at home. This means that public information regarding set-out procedures and the safe handling of debris will need to be accessible in multiple formats.
During disasters, populations with functional and access needs and socio-economic barriers often have less access to resources and support. According to the U.S. Census Bureau, approximately
14.7% of the population of the City, or about 11,742 people, are at or over the age of 65, and 4.3% of the population is living below the poverty level.
Debris managers must be cognizant of how disaster debris can further impact individuals with disabilities and access and functional needs. Section 3.3.7 of this plan provides a more detailed description of best practices during debris operations to support this population.
1.3.2.2 Debris Management Constraints
There are a number of challenges the Cities could encounter during debris management. This plan aims to provide the best management practices to address these challenges which include:
• Lack of local jurisdictional resources
• Multiple municipalities in the region using limited resources for:
Debris hauler services
Disposal facilities
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 4 Staging areas
• State regulatory requirements
Environmental regulations
Organic waste disposal reduction targets
Zero waste initiative
• Resident expectations
• Populations with disabilities and access and functional needs
1.4 Incidents and Assumptions
This plan intends to provide guidance for a large-scale disaster that generates significant volumes of debris that will overwhelm the Cities and require contractor coordination and support. The Cities are vulnerable to many disasters that have the potential to generate large volumes of debris, including natural and human-caused disasters.
1.4.1 Debris Scenarios
Since 1977, Alameda County has experienced 19 presidentially declared disasters. Knowledge of the past can provide the Cities some understanding of possibilities for future events and a basis for planning. Table 1 below lists the types of disasters that have occurred, as well as the FEMA disaster number assigned and dates for those incidents
Table 1 Presidentially Declared Disasters in Alameda County Type of Event FEMA Disaster
Number
Declaration Date
SCU Lightning Complex Fire FM-5338 August 21, 2020
COVID-19 Pandemic DR-4418 March 22, 2020
COVID-19 Public Health Emergency EM-3428 March 13, 2020 Severe Winter Storms, Flooding, Mudslides DR-4308 April 1, 2017 Severe Winter Storms, Flooding, Mudslides DR-4305 March 16, 2017 Severe Winter Storms, Flooding, Mudslides DR-4301 February 14, 2017 Severe Winter Storms, Flooding, Landslides, Mud Flows DR-1646 June 5, 2006 Severe Winter Storms, Flooding, Landslides, Mud Flows DR-1628 February 3, 2006 Severe Winter Storms, Flooding DR-1203 February 9, 1998 Severe Winter Storms, Flooding DR-1155 January 4, 1997
Severe Winter Storms, Flooding, Landslides, Mud Flows DR-1046 March 12, 1995 Severe Winter Storms, Flooding, Landslides, Mud Flows DR-1044 January 10, 1995 Oakland Hills Fire DR-919 October 22, 1991
Severe Freeze DR-894 February 11, 1991
Loma Prieta Earthquake DR-845 October 17, 1989
Severe Storms, Flooding DR-758 February 12, 1986
Coastal Storms, Floods, Slides, Tornadoes DR-677 January 21, 1983 Severe Storms, Flood, Mudslides, High Tide DR-651 January 7, 1982 Drought EM-3023 January 20, 1977
Except for the drought that occurred in 1977 and the pandemic in 2020, each of these types of incidents listed has the capacity to generate a large amount of debris. To assist the Cities in 133
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 5 expeditiously recovering from a debris-generating event, the DDMP will outline pre-event preparations during times of normalcy, operations immediately prior to a known disaster threat, operations following the disaster event, and demobilization and close-out following completion of debris removal efforts.
Table 2 describes potential debris-generating disaster incidents that may affect the Cities. The table also estimates the probability of the disaster event, the nature of debris generated, debris generation potential, and the widespread impact throughout the Cities. Probability, Severity, and Risk Ratings are derived from the 2018 Tri-Valley Local Hazard Mitigation Plan.
Table 2: Potential Disaster Incidents and Debris Types
Type of Event
Probability
of Event
0.0 to 1.0
Severity of
Event
1 to 10
Risk Rating
(Probability x
Severity) Nature of Debris
Debris
Generation
Potential
Widespread
Impact
Earthquake .5 10 5
Construction and
Demolition (C&D,)
Household
Hazardous Waste
(HHW),
White Goods such
as major household
appliances, Soil,
Mud, Sand,
Household Items,
Electronic Waste
High High
Flood 1.0 5 5
C&D, Hazardous
Waste,
HHW,
White Goods, Soil,
Mud, Sand,
Vehicles, Household
Items
Moderate Moderate
Wildfires 1.0 5 5
Vegetative, HHW,
White Goods,
Vehicles,
Soil, Mud, Rock from
Mud Flows,
Household Items,
Electronic Waste
Moderate Moderate
Landslides .5 5 2.5
Soil, Mud, Rock from
Mud Flows Low Low
134
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 6 Severe
Weather .5 1 .5
Vegetative, C&D,
Hazardous Waste,
HHW,
White Goods, Soil,
Mud, Sand,
Vehicles, Household
Items,
Soil, Mud, and Rock
from Mud Flows,
Electronic Waste
Low Low
During an actual disaster, many factors impact the actual amount of debris generated. The information in this section is intended for planning and will likely be different from a real incident.
1.4.2 Debris Estimates
Estimating the quantities of debris that may be generated by various natural or man-made disasters is a complex process. There are endless variables (type of incident, severity, etc.) that can dramatically impact the quantities of debris that may be generated by a disaster. Virtually no model that can estimate debris volumes and types with a high degree of certainty. However, debris volume estimates can be used as a resource when planning for a debris-generating incident.
Debris volume estimates are based on a series of assumptions and should not be considered as the actual volumes following a disaster event. The debris volume estimate models use factors such as household population and parcel data to forecast the volume and type of potential debris in each disaster management area.
The following sections examine the three types of events with the highest risk rating for the Cities and the potential debris generation from those events. They are earthquake, flood, and wildfire. The assumptions used in each debris volume estimation model are provided below, along with the estimated debris volumes and resource requirements.
Earthquake
Earthquakes result in structural damage to built-out infrastructure, including building stock and critical infrastructure lifelines. Earthquakes may create secondary impacts, including mudslides, fires, and hazardous materials incidents.
The Cities are in close proximity to a number of major earthquake faults, including the Calaveras, Greenville, Hayward, Mount Diablo, and San Andreas faults. Since 1986, there have been thirteen
5.0M, or greater earthquakes near the Tri-Valley Area. The U.S. Geological Survey (USGS) estimated in 2016 that there is a 72 percent probability of at least one 6.7M or greater earthquake occurring in the San Francisco Bay Area before 2043 (USGS, 2016).
HAZUS modeling was used to estimate debris amounts for each City based on a scenario similar to the 1868 Hayward Earthquake. Details of the scenario are listed below. Figure 1 provides a shake map of similar event.
Scenario Name:1868 Haywood 7M
Earthquake Magnitude: 7.0M
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 7 Type: Strike/slip
Depth (km): 10.0
Latitude of Epicenter: 37.70
Longitude of Epicenter: -122.10
Rupture Length (km); 42.66
Probabilistic Return Period: Approximately 150 years
The model breaks the debris into two general categories: a) brick/wood and b) reinforced concrete/steel. This distinction is made because of the distinct material handling equipment required for the different types.
Figure 1: Hayward Earthquake Shake Map
136
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 8 Dublin: The model below predicts that a total of 28,000 tons of debris will be generated. Of this amount, brick/wood comprises 37.00% of the total, with most of the remainder being reinforced concrete/steel. A small percentage is HHW, white goods and vegetation. Using a calculation of 25 tons of debris per truckload, this incident results in 1,120 truckloads of debris.
1868 Hayward 7.0M
137
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 9 Pleasanton: The model above estimates that a total of 43,000 tons of debris will be generated. Of the total amount, Brick/Wood comprises 38.00% of the total, with most of the remainder being Reinforced Concrete/Steel. A small percentage is HHW, white goods and vegetation. If the debris tonnage is converted to an estimated number of truckloads, it will require 1,720 truckloads (@25 tons/truck) to remove the debris generated by the earthquake. 1868 Hayward 7.0M
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 10 Flooding
Flooding may also be a debris-generating incident. For debris estimation, HAZUS was used to model a 100-year flood event. HAZUS estimates the amount of debris that will be generated by the flood. The model breaks debris into three general categories: 1) finishes (drywall, insulation, etc.), 2) structural (wood, brick, etc.), and 3) foundations (concrete slab, concrete block, rebar, etc.). Other debris, such as HHW, whitegoods and vegetation are not included due to small volumes. This distinction is made because of the different types of material handling equipment required to handle the debris. The results are below.
Dublin
The model estimates that a total of 4,031 tons of debris will be generated. Of the total amount, Finishes comprise 100% of the total, Structural comprises 0% of the total, and Foundation comprises 0%. Using a calculation of 25 tons of debris per truckload, this incident results in 162 truckloads of debris.
100 Year Flood
139
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 11 Pleasanton: The model estimates that a total of 40,390 tons of debris will be generated. Of the total amount, Finishes comprises 94% of the total, Structure comprises 3% of the total, and Foundation comprises 3%. If the debris tonnage is converted into an estimated number of truckloads, it will require 1,616 truckloads (@25 tons/truck) to remove the debris generated by the flood. 100 Year Flood
1.4.3 Debris Planning Assumptions
This plan assumes the following facts as accurate for the execution of this plan:
• Debris operations will be managed at the most local level. • The Cities have or will develop existing procedures to use local resources to the maximum extent possible to manage debris.
• The Cities have a diverse population that will have unique needs during debris operations. • In a catastrophic disaster, communication networks may be inoperable, transportation infrastructure might be severely debilitated, and resources will be limited. • The Cities may use private-sector resources to support debris operations following a catastrophic disaster.
• The Cities will request additional resources as necessary through established channels contained in the SEMS.
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 12 • Catastrophic disasters will require prolonged, sustained debris operations and support activities.
• The California Disaster Assistance Act (CDAA) governs the eligibility rules for disaster debris removal within the state. Jurisdictions must first seek funding through the CDAA prior to requesting funding from FEMA.
1.5 Plan Goal and Objectives
The goal of this plan is to provide a concept of operations to conduct debris operations in the Cities with the following priorities:
• Saving lives
• Preserving the health and safety of responders and the public • Protecting property and the environment
The plan objectives describe the end result for successful debris operations within each City. These are the broad concepts that must be achieved in order to meet the purpose of this plan. The objectives for each City are as follows:
• Conduct pre-disaster preparedness.
• Facilitate debris removal operations to ensure public health and safety. • Consider those with disabilities and access and functional needs throughout debris operations.
• Maximize diversion to the greatest extent possible to preserve remaining landfill capacity. • Establish mechanisms to coordinate with stakeholders to manage debris operations. • Coordinate public information regarding debris with other affected jurisdictions and the State. • Utilize internal and private sector networks to manage debris operations. • Request additional resources, if necessary, through established channels. • Comply with applicable local, state, and federal requirements throughout debris operations. • Forecast debris and resource requirements.
The specific activities required to achieve these objectives are included in Section 3: Debris Operations Plan.
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 13 2. Organization and Responsibilities
To mount an effective response to a debris-generating incident, roles and responsibilities must be clearly delineated between the City departments, contractors, state, and federal agencies, and non- governmental organizations with a role in response. All responsible organizations must respond in a coordinated manner to conduct disaster debris operations efficiently and safely.
2.1 Debris Operations Staffing and Organization
Achieving an effective debris management approach can be accomplished using the Incident Command System (ICS). ICS provides a standardized approach to incident management and aligns response agencies under a modular organization that is flexible and scalable. ICS uses a well- defined process for setting response objectives and communicating those objectives throughout the response organization.
The Cities of Dublin and Pleasanton will coordinate disaster debris operations within the Cities’ existing Emergency Operations Center (EOC) and/or Department Operation Center (DOC) structure, as described in their EOP.
Positions that could be needed for debris management operations are described below. The level of staffing for response to a debris-generating incident will depend on the magnitude of the incident and the size of the jurisdiction. Job action sheets for debris management operations are provided in Attachment B.
2.1.1 Debris Management Group Supervisor
The Debris Management Group Supervisor is responsible for the following:
Establishes the ICS organization for debris management operations. Coordinates with Logistics Section Procurement/Purchasing Unit to activate contractors for debris clearing and debris monitoring services.
Establishes priorities for debris management operations. Provides debris management input to the City EOC or Public Works & Engineering Unit Incident Action Plan.
Collaborates with federal, state, operational area and other organization representatives. Provides updates to the EOC or Public Works & Engineering Unit regarding debris management operations.
Reviews and approves public information messages regarding debris operations. Coordinates with the EOC Finance Section to track debris management costs. Coordinates with the Demobilization Unit for the demobilization of debris management operations.
142
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 14 2.1.2 Street Clearing Task Force Leader
The Street Clearing Task Force Leader has the following responsibilities:
If possible, stages and readies resources immediately before to an expected incident to ensure they are ready in the event debris clearance of City streets is required. Oversees street clearing immediately following a debris-generating incident. Coordinates local and contract resources to clear streets of debris in accordance with established objectives and priorities.
Tracks progress of street clearing operations.
o Provides regular updates to the Debris Management Group Supervisor regarding the status of operations.
Ensures street clearing operations are conducted in a safe manner. Ensures all hours, expenses, and equipment use are accurately documented.
2.1.3 Debris Collection and Disposal Task Force Leader
The Debris Collection and Disposal Task Force Leader has the following responsibilities:
Coordinates with local and contract resources to stage and ready resources immediately prior to an expected incident to ensure they are ready in the event that debris clearance operations are required.
Coordinates with the Debris Monitoring Contractor to conduct truck certifications. Coordinates local and contract resources to conduct debris collection operations in accordance with established objectives and priorities.
Activates Debris Management Sites (DMS) as needed in coordination with relevant departments and agencies.
Coordinates with the Debris Monitoring Contractor/s to conduct collection, DMS, and disposal site monitoring.
Coordinates with Alameda County Environmental Health Department to conduct soil sampling at DMS locations prior to and after closure of DMS. Coordinates with local labor and contractors to ensure debris is recycled or disposed of in accordance with regulatory guidelines.
Coordinates local and contract resources to conduct special debris operations including removals of dangerous trees, privately-owned vehicles and vessels, waterway debris, parks debris, and private property debris in accordance with FEMA authorization and guidelines.
Tracks progress of debris collection, recycling, and disposal in coordination with the Debris Monitoring contractor.
Provides regular updates to the Debris Management Group Supervisor regarding the status of operations.
Ensures debris collection and disposal operations are conducted in a safe manner. Ensures all hours, expenses, and equipment use are accurately documented. 143
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 15 2.1.4 Environmental Health Task Force Leader
The Environmental Health Task Force Leader has the following responsibilities:
Liaises with regional, state, and federal environmental agencies and contractors to monitor environmental impacts of debris management operations, including ground/surface water, air, soil, and asbestos monitoring.
Coordinates with the Debris Collection and Disposal Task Force Leader, or designee, to conduct soil sampling at DMS locations prior to and after closure of DMS. Tracks progress of environmental monitoring and testing operations, and documents results. Provides regular updates to the Debris Management Group Supervisor regarding the status of environmental monitoring operations.
Ensures environmental monitoring operations are conducted in a safe manner. Ensures all hours, expenses, and equipment use are accurately documented.
2.1.5 Debris Removal Task Force Teams
Coordinates through the Debris Collection and Disposal Task Force Leader to divide into teams consisting of debris removal and debris monitors to collect debris and deliver it to the appropriate location for reduction, recycling, or disposal. Reports any hazardous conditions such as downed power lines, hazardous material (HAZMAT) spills, and natural gas leaks to the proper authorities, as well as the Debris Collection and Disposal Task Force Leader.
Tracks progress of the Task Force Team in debris removal, reduction, recycling, and disposal operations.
Provides updates as required to the Debris Collection and Disposal Task Force Leader regarding the Task Force Team's status and progress.
Obeys Health and Safety Policy and follows health and safety guidance in conducting debris removal, reduction, and disposal operations.
Ensures all hours, expenses, and equipment use are accurately documented.
2.2 Roles and Responsibilities
In addition to staff assigned to field debris management operations, other departments and offices within the Cities provide critical support. Their roles and responsibilities are listed below.
2.2.1 City of Dublin Departmental Roles and Responsibilities City of Dublin departments support debris management operations by performing the following functions:
2.2.1.1 Public Works
• Activate and manage the Public Works DOC.
• Assign a staff member to serve as the liaison with the EOC. • Assign a staff member to serve as the Debris Management Group Supervisor for the incident.
o Assists the City with emergency roadway clearing activities o Assess damages and estimate debris in City parks
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 16 o Oversee debris collection operations in City parks • Support damage assessments and estimate debris totals. • Coordinate department personnel and coordinate with personnel from supporting departments and agencies regarding debris management operations
2.2.1.2 City Manager’s Office
Activate the EOC in response to an incident in the City Make policy-level decisions related to debris operations Provide signature authority for legal documents, including mutual aid agreements with neighboring jurisdictions, inter-local agreements, and notices to proceed with contracted service providers
Coordinate with the Operational Area (OA) for support of debris operations Public Information
• Coordinate with the Debris Management Group Supervisor, Public Works DOC, and the EOC to develop public information messages related to debris operations. • Provide press releases and social media posts (e.g., NextDoor, Twitter, Facebook) related to debris removal operations, set out procedures and citizen debris drop-off locations. • Update the City’s website with instructions and updates regarding debris operations. In event of a prolonged power outage, see Section 6. Public Information for print media distribution options, such as flyers and door hangers.
• Coordinate with the EOC to broadcast debris management instructions to the public through Nixle and AC Alert.
• Provide timely information to the public regarding debris operations in accessible formats to the whole community.
Information Technology Division
• Provide Geographic Information System (GIS) support to identify areas of debris concentration, provide maps to debris management staff and contractors, and track the progress of debris operations
Human Resources Division
• Receive and coordinate volunteers
• Issue guidance to the public regarding donations
• Manage donations received in response to the incident
2.2.1.3 Administrative Services
Finance Division
• Understand current state and/or federal disaster assistance program guidance and regulations related to debris operations.
• Manage documentation for state and/or federal reimbursement for debris operations. • Ensure disaster debris services are procured following local, state, and federal procurement regulations.
145
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 17 • Coordinate with Public Works to obtain force account labor, equipment, and overtime documentation related to debris removal operations for potential state and/or federal reimbursement.
• Audit purchase orders and documents, general ledger entries, cash receipts, and payroll documents related to debris removal operations.
• Manage and audit contractor invoices for payment.
2.2.1.4 Community Development
• Conduct damage assessments.
• Enforce nuisance and abatement codes.
• Document nuisance and abatement cases to support private property debris removal • Emergency permit support for debris removal in creeks
2.2.1.5 City Attorney’s Office
• Review debris operations procedures for compliance with applicable local, state, and federal regulations.
• Draft and approve as to form legal documents related to debris operations. • Manage liability and insurance claims related to the incident.
2.2.1.6 Dublin Police Services
• Manage evacuation and reentry operations.
• Provides security for debris management sites and other debris removal operations when necessary.
• Lead debris operations resulting from a crime scene or terrorism incident. • Manage animal control issues arising from the incident. • Coordinate the collection and disposal of dead animals.
2.2.1.7 Alameda County Fire Department
• Provides field reports to the EOC concerning damages and debris • Establishes road closures if utility wires are down
• Reports downed power lines dispatch so they can notify utility companies • Responds to fires and HAZMAT spills
2.2.2 City of Pleasanton Departmental Roles and Responsibilities City of Pleasanton departments support debris management operations by performing the following functions:
2.2.2.1 Operation Services Department
• Activate and manage the Operation Services DOC
• Assign a staff member to serve as the liaison with the EOC • Assign a staff member to serve as the Debris Management Group Supervisor for the incident • Support damage assessments and estimate debris totals • Coordinate department personnel and coordinate with personnel from supporting departments and agencies regarding debris management operations 146
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 18 2.2.2.2 City Manager’s Office
Activate the EOC in response to an incident in the City Make policy-level decisions related to debris operations Provide signature authority for legal documents, including mutual aid agreements with neighboring jurisdictions, inter-local agreements, and notices to proceed with contracted service providers
Coordinate with the Operational Area (OA) for support of debris operations
2.2.2.3 Finance Department
• Understand current state and/or federal disaster assistance program guidance and regulations related to debris operations
• Manage documentation for state and/or federal reimbursement for debris operations. • Ensure disaster debris services are procured following local, state, and federal procurement regulations
• Coordinate with Public Works to obtain force account labor, equipment, and overtime documentation related to debris removal operations for potential state and/or federal reimbursement
• Audit purchase orders and documents, general ledger entries, cash receipts, and payroll documents related to debris removal operations
• Manage and audit contractor invoices for payment
2.2.2.4 Information Technology Department
• Provide GIS support to identify areas of debris concentration, provide maps to debris management staff and contractors, and track the progress of debris operations
2.2.2.5 Human Resources Department
• Receive and coordinate volunteers
• Issue guidance to the public regarding donations
• Manage donations received in response to the incident
2.2.2.6 Community Development
• Conduct damage assessments
• Enforce nuisance and abatement codes
• Document nuisance and abatement cases to support private property debris removal • Emergency permit support for debris removal in creeks
2.2.2.7 City Attorney’s Office
• Review debris operations procedures for compliance with applicable local, state, and federal regulations
• Draft and form approve legal documents related to debris operations • Manage liability and insurance claims related to the incident
2.2.2.8 Public Information
• Coordinate with the Debris Management Group Supervisor, Public Works DOC, and the EOC to develop public information messages related to debris operations 147
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 19 • Provide press releases and social media posts (e.g., NextDoor, Twitter, Facebook) related to debris removal operations, set out procedures and citizen debris drop-off locations • Update the City’s website with instructions and updates regarding debris operations • Coordinate with the EOC to broadcast debris management instructions to the public through Nixle and AC Alert
• Provide timely information to the public regarding debris operations in accessible formats to the whole community
2.2.2.9 Police Department
• Manage evacuation and reentry operations
• Provides security for debris management sites and other debris removal operations when necessary
• Lead debris operations resulting from a crime scene or terrorism incident • Manage animal control issues arising from the incident • Coordinate the collection and disposal of dead animals
2.2.3 Other Local Agency Roles and Responsibilities
Other City agencies play a supporting role as described below:
2.2.3.1 City Parks and Recreation
• Assists the City with emergency roadway clearing activities • Assess damages and estimate debris in City parks
• Oversee debris collection operations in City parks
2.2.3.2 City Fire Departments
• Provides field reports to the EOC concerning damages and debris • Establishes road closures if utility wires are down
• Reports downed power lines dispatch so they can notify utility companies • Responds to fires and HAZMAT spills
2.2.4 Alameda County
Alameda County, as the Operational Area, coordinates debris management operations within the County, supports mutual aid, prioritizes route opening and forwards requests for resources when unable to provide them from County resources or through mutual aid. The County provides the following:
Environmental Health Department
• Determine debris that poses an imminent threat to public health and safety • Provide documentation regarding health and safety issues to support debris operations • Inspect and approve DMS locations
• Provide environmental services support to debris operations Office of Emergency Services
• Implement OA Emergency Response Plan.
• Establish and maintain the Operational Area Emergency Operations Center (OAEOC) to serve the OA.
148
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 20 • Coordinate the utilization of County, other local government, state, and federal resources within the OA.
• Support operations conducted by local governments within the County in accordance with SEMS and approved mutual aid and operations plans.
Alameda County Resource Conservation Service
• Provides permitting support during the emergency/response and recovery phase for debris removal in creeks
Alameda County Sheriff/Coroner’s Office
• Conduct death investigations
2.2.5 State Agencies
State agencies provide regulatory guidance and technical assistance for debris operations. The following section provides an overview of the roles and responsibilities of State agencies involved in debris operations.
CalOES
• Implement the California Emergency Services Act.
• Perform executive functions assigned by the Governor to support and enhance all phases of emergency management.
• Coordinate debris clearance and removal operations by other State agencies. • Approve all mission task orders and manage the requests until the needs have been met. • Request the deployment of the National Guard to support response activities including damage assessment and debris clearance operations.
• Coordinate with local and state entities in the compilation and dissemination of public information messages.
• Request debris removal resources from other States through the Emergency Management Assistance Compact (EMAC).
• Coordinate requests for assistance and participate with the federal government in operating a Joint Field Office (JFO) when federal assistance is needed. • Task other state agencies as needed to aid local jurisdictions in debris management operations.
• Oversee the delivery of state and/or federal grant programs.
Cal EPA
• Provide guidance on environmental regulations regarding debris operations. • Provide technical assistance for debris removal of HAZMAT (Department of Toxic Substances Control).
• Provide support and guidance for debris removal operations (CalRecycle) including potential provision of resources.
• Provide approvals for temporary debris management sites (TDMSs) and emergency waivers of standards such as permitted capacity, throughput, and acreage for permitted solid waste facilities (CalRecycle).
• Assist the City in properly certifying TDMSs.
149
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 21 2.2.6 Federal Agencies
Federal agencies support debris operations by providing disaster assistance funding, regulatory oversight, and technical assistance. The following section provides an overview of the roles and responsibilities of federal agencies involved in debris operations.
FEMA
• Provide technical assistance for debris operations
o Environmental and historical preservation review process o Public Assistance grant program reimbursement process o Procurement assistance
• Assign federal mission assignments as requested
o ESF-3, Public Works and Engineering
o ESF-10, Oil and Hazardous Material Response
• Administer the FEMA Public Assistance Program for Category A Debris Removal o Ensure safety, eligibility, and compliance are maintained U.S. Army Corps of Engineers
• Primary federal entity for Emergency Support Function (ESF)-3, Public Works and Engineering
• Provide debris operations for mission assignments
• Provide strong technical assistance and training support to State and local agencies • Enable State and local operations to the greatest extent possible Us Department of Agriculture Natural Resources Conservation Service • Provide technical assistance for debris removal from natural streams and creeks • Provide funding for debris operations through the Emergency Watershed and Protection program
• Partner with Alameda County in waterway conservation initiatives Federal Highway Administration
• Supports repair and reconstruction of federal aid highways and roads on federal lands • Provide funding for debris operations through the Federal Highway Administration Emergency Relief Program
2.2.7 Private Sector Business Enterprise, Commercial Sector Private businesses will have a very large role in managing mass debris operations. Jurisdictions do not have enough internal resources to conduct debris operations during a widespread event without the use of contracted service providers. The following provides the roles and responsibilities of private-sector businesses and the commercial sector for debris operations.
Waste Collection Contractors: Dublin - Amador Valley Industries; Pleasanton - Pleasanton Garbage Services
Collect, transport, process, and divert franchised organic materials within the City service areas
Collect, transport, and dispose of franchised solid waste generated within the City service areas
150
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 22 Coordinate with contract debris haulers in the collection and transport of solid waste and debris following a debris-generating disaster in the City service areas Debris Hauling Firm
In the event the scope of debris collection operations is beyond the capabilities of local force account resources, state, and mutual aid resources, it may be necessary to contract for labor and equipment.
The Cities will use their purchasing policies in coordination with federal contracting guidance, found in Attachment C of this plan, to establish a contract with one or more debris hauling firms to assist with debris collection and disposal. A contracting checklist has been compiled and can be found in Attachment D of this plan. Responsibilities of a debris hauling firm include the following:
Clear and remove debris from jurisdiction roadways and waterways to make them passable immediately following a declared disaster
Conduct debris removal from the right-of-way
Decommission, demolish, and dispose of eligible non-regulated asbestos-containing material (non-RACM) structures on private property
Manage and operate DMS locations
Conduct debris reduction (Vegetative and other debris can be reduced in bulk to save truckloads and landfill space.)
Haul-Out reduced materials to a final disposal site
Remove hazardous leaning trees and hanging limbs
Removal of hazardous stumps
Remove white goods debris from the right-of-way and transport it to coolant removal/recycling sites
Coordinate the removal of household hazardous waste from theright-of-way and transport it to hazardous material transfer/disposal sites
Remove animal carcasses from areas designated by the jurisdiction and transport it to identified sites
Build relationships with community emergency managers and other officials to have an active voice in the debris operations
Educate and train employees to implement debris operations plans Communicate status of operations and supply chains as well as challenges and timelines to local officials
Research available funding sources and types of funding for debris operations Know, understand, and comply with federal regulations for disaster assistance programs A sample Request for Proposals is included as Attachment E to aid the City in acquiring the services of a contract debris hauler.
Monitoring Firm
A relatively small amount of debris could be monitored by force account labor. However, in an incident resulting in widespread and considerable debris amounts, the City may decide to employ the services of a debris monitoring firm. Debris monitoring responsibilities are described below. Perform truck certifications
Perform on-site, street-level debris monitoring at all collection sites to verify debris eligibility 151
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 23 based on contract requirements, and initiate debris removal documentation using load tickets
Conduct disposal monitoring to document the disposal of disaster debris at approved TDMSs and at final disposal or end-use locations
2.2.8 Nonprofit Sector
The Cities will partner with nonprofit and volunteer organizations to provide assistance to individuals with disabilities and/or access and functional needs. The Cities will ask that nonprofit sector entities coordinate with the Cities to ensure their efforts are conducted in coordination with the Cities objectives.
In addition, each City will coordinate with nonprofit sector entities to ensure response efforts are conducted in a safe manner to minimize the risk of injuries in keeping with the Health and Safety Policy (see Attachment F). These entities will not be asked to conduct tasks that are beyond their member’s training or capabilities. The roles and responsibilities for nonprofit organizations in debris operations are listed below.
Coordinate with the City to identify vulnerable populations. Preferably, this would be conducted prior to a disaster as part of the City’s preparedness initiatives. Coordinate with jurisdictions and volunteer organizations post-disaster to assist individuals with disabilities and access and functional needs with bringing debris to the public right-of-way (ROW)
Coordinate with jurisdictions to provide public information regarding debris operations to populations with communication barriers
Provide other services to underserved groups, individuals, and communitiesas necessary
2.2.9 Residents
To coordinate effective debris operations, residents play an important role in maximizing the potential for recycling and reuse of disaster-generated debris. The following provides the roles and responsibilities for residents in debris operations.
Follow instructions from local officials on set out procedures for disaster-related debris. Segregate disaster debris from regular household waste Safely bring debris to the public ROW
Bring household hazardous waste (HHW) to citizen drop-off locations Use caution when operating equipment and dangerous machinery Help others who may need assistance with debris removal 152
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 24 3. Debris Operations
The National Response Framework establishes a set of core capabilities that must be achieved during disasters to save lives, protect property and the environment, and preserve the social, economic, cultural, and political structure. Debris management operations support several core capabilities, including:
Critical Transportation
Environmental Response/Health and Safety
Infrastructure Systems
Public and Private Services and Resources
Depending on the size, scope, and magnitude of the disaster, public entities may be required to conduct debris operations. In cases where the magnitude of the disaster exceeds local capabilities to respond, the Cities may need to contract support.
3.1 Priorities
The Cities’ EOPs list the following priorities for disaster response operations:
Life/safety
Incident stabilization
Protection of property and the environment
Community economic recovery
Priorities for debris operations are:
Restoration of critical transportation routes
Restoring access to critical facilities
Disposal of hazardous materials
3.2 Debris Operations
The concept of operations describes the processes of how to achieve the objectives of the plan.
This section is organized chronologically to demonstrate the activities that will take place during each phase of debris operations. Figure 3 below depicts how debris operations fit into the response/recovery continuum after an incident that results in a large amount of debris. 153
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 25 Figure 3: Recovery Operations
• Develop/update DDMPs
• Develop/update hazard
mitigation plans
• Conduct debris trainings
and exercises
• Coordinate with debris
contractors to ensure
documentation is in
place
• Inventory in-house
resource to support
debris operations
• Conduct preliminary
damage assessments
• Activate debris services
contractors
• Conduct street clearing
• Begin truck certifications
• Attend Applicant Briefing
with FEMA Public
Assistance Coordinator
• Identify and assess debris
management sites
• Establish and open
debris management
sites
• Attend FEMA Public
Assistance Kickoff
Meeting
• Conduct right of way
collection
• Develop FEMA project
worksheets
• Conduct special debris
programs
• Remove dangerous
trees and stumps
• Reopen parks
• Remove private
property debris
removal
• Compile and reconcile
documentation
• Prepare audits as necessary
• Closeout debris projects
3.2.1 Response
Response operations include the following initial and follow-on activities:
Emergency Roadway Clearance Priorities
Emergency roadway clearance is conducted to clear priority roadways of scattered debris, leaning trees, and other obstructions in order to allow emergency access and transportation. Road clearance priorities are pre-established to allow access to critical public facilities such as fire stations, police stations, hospitals, shelters, and emergency supply centers. The Cities' priority roads for emergency clearance are listed in Attachment N of this plan.
Debris Damage Assessment
Damage assessments are necessary to determine the extent and the location of the debris. An initial windshield survey of the impacted area will be conducted to identify critically damaged areas and to 154
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 26 assist in prioritizing emergency roadway clearance. If possible, aerial surveys should be conducted to obtain an overview of damaged areas.
Individuals designated by the Cities EOPs will support an overall effort of damage assessment, including determining the amount and types of debris. Members of the damage assessment team should be trained prior to the incident and should be coordinated with utility crews to ensure safety.
Damage assessments should be conducted with consistency throughout the Cities to the greatest extent possible. Following the completion of the damage assessments, the Cities will compile the damage assessments for submittal to the OA. The OA will compile this information to submit to the State. A thorough and accurate damage assessment process is necessary to maximize the potential for state and federal disaster assistance.
Temporary Debris Management Site (TDMS) Identification and Preparation Concurrent to emergency roadway clearance and damage assessments, the Cities will identify and prepare TDMS locations. See Attachments L for TDMS guidance.
The purpose of the TDMS is to temporarily store debris and conduct some form of debris reduction method before the debris is transported to a final disposal facility. Parks and jurisdiction-owned properties have been identified as possible TDMS locations. In addition, land within transfer stations or solid waste facilities can be utilized as TDMSs. This can be desirable because of their ability to immediately accept debris. The following sites have been identified for possible TDMS locations. Dublin: The City of Dublin will identify TDMS(s), as needed, based on the incident and areas of impact.
Pleasanton: The City of Pleasanton will identify TDMS(s), as needed, based on the incident and areas of impact. The following represent potential sites.
City of Pleasanton TDMSs
OWNER LOCATION USEABLE APN JURISDICTION
1 City of Pleasanton Bernal Property – 4950
Bernal Avenue,
Pleasanton
0.7 acres 947-8-30 City
Site Amenities
Condition of ground surface: permeable ground surface
Current Use: sewer pump station
Access to Site: Bernal Avenue near Pleasanton Avenue
2 City of Pleasanton Bernal Property – 3200
W. Lagoon Road
25 acres 946-4590-6 City
Site Amenities
Condition of ground surface: permeable ground surface
Current Use: open space
Access to Site: Bernal Avenue near Meadowlark Dr
3 City of Pleasanton Bernal Property –
Valley Avenue
145 acres 947-8-21,947-8-25 and 947-
8-29
City
Site Amenities
Condition of ground surface: permeable ground surface
Current Use: open space and Bernal Park
155
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 27 City of Pleasanton TDMSs
OWNER LOCATION USEABLE APN JURISDICTION
Access to Site: Bernal Avenue and Valley Avenue
4 City of Pleasanton Patheland Park –
Stoneridge Dr. and
Stoneridge Creek Way
4.8 acres 946-4623-4 City
Site Amenities
Condition of ground surface: permeable ground surface
Current Use: Detention Pond
Access to Site: Stoneridge Creek Way Near Stoneridge Dr 5 Private Property
owned by Rosewood
Commons Property
Owner LLC
Rosewood Commons
– 4400 Rosewood
Drive
11.8 acres 941-2780-36 City
Site Amenities
Condition of ground surface: paved parking lots
Current Use: Business Offices/Conference Center
Access to Site: Santa Rita Road
6 Private Property – USL
Pleasanton Lakes L P
Busch Rd becomes El
Charro Rd – 3030
Mohr Ave
92 acres 946-1250-6-4 Unincorporated
Site Amenities
Condition of ground surface: permeable ground surface
Current Use: not developed
Access to Site: Valley Ave. to Busch Rd.
7 Private Property
owned by multiple
owners
Stoneridge Mall –
Stoneridge Mall Rd.-
1701 Springdale Ave.
14.6 acres 941-1201-26-2 City
Site Amenities
Condition of ground surface: paved ground surface
Current Use: Proposed office building
Access to Site: Stoneridge Road
156
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 28 A sample memorandum of agreement has been included in Attachment G in the event a City chooses to establish an agreement with a private property owner for use of privately-owned property as a TDMS.
Debris brought to a TDMS is sorted to remove recyclable materials and materials not suitable for reuse. The materials not suitable for reuse are taken to a landfill. Ideally, all concrete rubble would be processed at the TDMS into reusable aggregate. This option may be considered if space, site characteristics, and available resources allow.
The size of the site is dependent on the quantity of debris that needs to be stored and processed.
The site should be large enough to safely accommodate the processing of various debris materials, storing heavy equipment, and maneuvering trucks and large processing equipment.
The TDMS should be established in an area that does not impede the flow of normal traffic along major transportation corridors, disrupt local business operations, or cause dangerous conditions in residential neighborhoods or schools. Whenever possible, avoid locating a TDMS near residential areas, schools, churches, hospitals, and other such sensitive areas.
The Cities must also consider community acceptability when selecting a potential TDMS. The community’s acceptance of the TDMS location usually depends on the reduction methods that will be conducted at the site. Around-the-clock light and noise from equipment operation, dust, and traffic are generally tolerated early in a disaster recovery operation but may have to be curtailed later in the recovery phase. The following factors should be taken into consideration when identifying a debris management site:
Current availability
Duration of availability
Site ingress/egress and access to transportation routes Geographic location within the jurisdiction
A minimum of 10 acres of usable land
Well-drained site with soils suitable for supporting heavy vehicles and equipment Strategic placement to minimize debris transportation requirements and travel time to and from loading points; the TDMS should be located as close as possible to the concentrations of disaster debris
Access to electrical and water utilities for site operations Minimum potential for disruption of critical services Potential locations for a TDMS may include the following:
Recycling facility
Landfill
Transfer station
Vacant lot
Corporation yard
157
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 29 Parks
Large parking lot
ROW
Jurisdiction owned property
Private property
Environmental permits and land-use variances may be required during removal operations for TDMS(s). Several agencies may be involved in issuing permits and granting land-use approvals.
Permits may include:
Waste processing and recycling operations permit
Temporary land-use permits
Land-use variances
Traffic circulation strategies
Air quality permits
Water quality permits
HHW permits
Fire department permits
After a review of the availability and suitability of a TDMS, site preparation can begin. As part of the preparation, baseline data should be gathered from the site to document the state of the land before debris is deposited. The following actions support compiling the baseline:
Photograph the site – Digital photos should be taken to capture the state of the site before debris reduction activities begin. Photos should be updated periodically throughout the project to document the progression of the site.
Record physical features – Records should be kept detailing the physical layout and features of the site. Items such as existing structures, fences, landscaping, etc., should be documented in detail.
Historical evaluation – The past use of the site area should be researched and documented.
Issues relating to historical or archeological significance of the site should be cleared with the State Office of Historic Preservation.
Sample soil and water – If possible and deemed necessary, soil and groundwater samples will be taken before debris reduction activities commence. Samples will help ensure the site is returned to its original state. Typically, soil and groundwater samples should be analyzed for total Resource Conservation and Recovery Act (RCRA) metals, volatile organic compounds, and semi-volatile organic compounds using approved State and U.S.
Environmental Protection Agency (EPA) methods.
Site approval – TDMSs will require approval from the Alameda County Environmental Health Department serving as the Local Enforcement Agency (LEA) for the County.
Once debris is collected from the public ROW, it is transported to a TDMS where it is segregated and reduced. Reduction methods include:
Chipping and Grinding – Using this method, vegetative debris is chipped or ground and typically results in a reduction ratio of up to 4:1. Factors such as debris composition, weather, site conditions, 158
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 30 and other factors may impact the reduction ratio. The leftover mulch is either recycled or hauled to a final disposal facility.
Incineration – Although incineration is rarely authorized, there are circumstances where a public entity can request to reduce debris through burning. The burning of vegetative debris typically results in a reduction ratio of up to 20:1. Factors such as debris composition, weather, site conditions and other factors may impact the reduction ratio. The leftover ash may be hauled to a final disposal facility or be incorporated in a land application.
Crushing – Crushing is an appropriate reduction method for construction and demolition (C&D) debris that cannot be recycled. However, if crushing is used to reduce C&D debris, the residual debris must show a reduction in volume.
Truck Certification
Truck certification is a critical component of debris management operations. Truck certification is the process to document the capacity of debris removal trucks. All debris removal trucks hauling debris on a volumetric basis must have their capacity and dimensions measured, sketched, photographed, and documented on a truck certification form. Each debris removal truck must be assigned a unique number for debris tracking and invoice reconciliation purposes. Debris monitors will validate that each truck certifications should contain:
Unique truck number
Driver name
Driver phone number
License number, state issued, and expiration date
Tag number, state issued, and expiration date
Vehicle measurements
Electronic photograph of the vehicle, including logo of the hauling entity.
A sample truck certification and instructions in measuring trucks can be found in Attachment H of this document.
3.2.2 Recovery
The recovery phase begins with debris removal from the public ROW and ends when debris operations are complete and all documentation is closed out. During this phase, the Cities will determine their capacity to conduct debris removal operations internally using force account equipment and labor, using mutual aid or by using contracted services. The Cities will also assess their capacity to conduct special debris programs as necessary.
Short-Term Recovery
Once the emergency roadway clearance has been completed, the Cities will begin debris removal operations. This includes the following tasks.
Open TDMSs
Prioritize roads/areas
Issue press release regarding segregation of debris
159
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 31 Begin ROW debris removal
Begin environmental monitoring program of TDMS
Continue to coordinate with external agencies
Initiate discussions with the state and/or FEMA
Obtain FEMA guidance for procurement and special debris programs Intermediate Recovery
Intermediate recovery includes activities that take place after immediate debris needs have been addressed. Intermediate recovery typically occurs two weeks to several months post-disaster. These activities include:
Maintain and evaluate ROW cleanup
Begin ROW stump removal as necessary
Open additional TDMSs as necessary
Conduct meetings with the CalOES and/or FEMA
Begin special debris programs
Communicate ROW debris removal program close-out to residents via press release Long-Term Recovery
Long-term recovery includes activities to close-out debris programs and reconcile documentation.
Long-term recovery may take several years depending on the severity of the disaster and the audit processes from regulatory agencies. Long-term activities include:
Complete all debris recovery activities
Identify ineligible debris on ROW
Complete the disposal of reduced debris
Close-out and remediate TDMSs
Conduct project close-out meetings with the State and/or FEMA and external agencies.
3.3 Collection and Removal Strategy
The collection and removal strategy provides details on how the Cities will conduct debris operations to clear, collect, and remove debris.
3.3.1 Emergency Roadway Clearance
The Cities will coordinate resources to conduct emergency roadway clearance through internal sources, mutual aid, or contracted services. If necessary, the Cities may use contractors or request additional resources for emergency road clearance from the OA.
Emergency roadway clearance will be coordinated with utility crews to ensure safety while conducting debris operations near damaged infrastructure.
Major thoroughfares and critical facilities in the Cities will be considered priority during emergency roadway clearance activities. These major thoroughfares and facilities are critical to government response activities, including emergency medical services, fire suppression, and law enforcement 160
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 32 activities. Following a disaster, routes to these critical facilities will need to be cleared to allow emergency response vehicles to pass. A list of these facilities and their locations is included in Attachment O. The purpose of this is to expedite the clearing of debris from critical pathways to ensure public health and safety. During this time period, it is critical that all types of equipment and the amount of time the equipment is used are documented with detail and accuracy.
3.3.2 Right-of-Way Collection
ROW collection entails residents piling their disaster-related debris along the curbside. It is critical that residents segregate their debris in categories such as vegetative, construction and demolition, household hazardous waste, and white goods. This will help prevent the contamination of debris loads and expedite the cleanup process. An effective public information campaign is essential to informing residents regarding the importance of segregating their debris. Sample public information message templates for informing the public regarding disaster debris clean up procedures can be found in Attachment J of this plan.
Vegetative Debris
Vegetative debris consists of whole trees, tree stumps, tree branches, tree trunks, and other leafy material. Depending on the size of the debris, the collection of vegetative debris may require the use of flatbed trucks, dump trucks, and grapple loaders.
Most vegetative debris consist of large piles of tree limbs and branches that are placed on the public ROW by the residents. The City will determine the number of times vegetative debris is collected before normal collection activities are resumed.
Alameda County landfills cannot bury green waste or use it as alternative daily cover per Ordinance 2008-01. Therefore, vegetative debris must be reduced, and alternatives identified for disposal.
Vegetative debris may be reduced by as much as 75 percent of its volume by mulching or grinding.
A hazardous tree or stump may be collected individually, while downed or fallen debris is collected from rights-of-way or at a designated collection center. FEMA only pays for stumps torn up by wind and does not fund removal of cut or burned stumps. Tree and stump collection prices are typically based on the size of the tree or stump and charged by unit. Other fallen or downed material is usually billed by weight (tons) or volume (CYs). Guidance for stump removal can be found in Attachment K.
Household Hazardous Waste (HHW) Debris Removal
HHW includes gasoline cans, aerosol spray cans, paint, lawn chemicals, batteries, fire extinguishers, fluorescent lamps, household electronics, etc.
HHW should be collected separately and disposed of or recycled at a properly permitted facility such as the Livermore HHW Facility operated by Alameda County. Collection of HHW can be conducted internally or contracted using a unit rate basis. The Cities will conduct the following activities to support HHW removal:
Communicate to residents the procedures for HHW following a debris-generating incident.
It is important that residents separate debris streams to ensure that HHW does not enter the 161
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 33 debris stream at TDMSs.
Decide whether to contract with an established HHW collection firm to augment or replace HHW drop-off sites to ensure HHW is properly disposed of. Measures should be taken to identify, segregate, and dispose of intermingled HHW at TDMSs. Interface with the California Department of Toxic Substances Control (DTSC) and CalEPA.
Describe the HHW collection program and permitted facilities to be used for disposal or recycling.
Electronic Waste
Electronic waste, or e-waste, refers to electronics that contain HAZMAT such as cathode ray tubes.
Examples include computer monitors and televisions. Electronic waste is considered HHW and must be managed following the CalEPA guidelines for disposal listed in Section 3.3.6.
White Goods Debris Removal
White goods include refrigerators, freezers, air conditioners, heat pumps, ovens, ranges, washing machines, clothes dryers, etc.
White goods debris that contains ozone-depleting refrigerants, mercury, or compressor oils need to have such materials removed by a certified technician before recycling. All state and federal laws should be followed regarding the final disposal of removed refrigerants, mercury, or compressor oils. Collection of white goods can be conducted internally or using contracted services on a unit rate basis. The Cities will conduct the following activities to support white goods removal:
Communicate the procedures for white goods removal to residents in affected areas.
Residents must separate white goods from other debris to ensure white goods are not mixed with other debris streams during collection.
Interface with the Alameda County Environmental Health Department and CalEPA.
Describe the white goods collection program and permitted facilities to be used for disposal of recovered refrigerants, mercury, or compressor oils.
Construction and Demolition (C&D) Debris
C&D debris is damaged components of buildings and structures such as lumber and wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and floor coverings, window coverings, pipe, concrete, fully cured asphalt, equipment, furnishings, and fixtures. Certain types of C&D debris are reusable or recyclable. To conserve landfill space, C&D debris should be separated by material type for reuse or recycling.
Some C&D debris may be hazardous, such as asbestos roofing and floor tile, and lead pipes.
Section 3.3.6 of this plan provides information from CalEPA on how to manage hazardous debris, including asbestos-containing materials. Documentation of the debris origin, any processing (reduction or recycling), and the final disposition is required for receiving state and/or federalfunding.
Typically, removal of construction by-products generated by repairs or rebuilding is covered by insurance policies or included in the overall cost for reconstruction projects; therefore, construction by-products are not considered disaster-related debris. 162
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 34 3.3.3 Use and Procurement of Contracted Services
If contracted services are to be used for debris management, including removal and monitoring, these contracts must meet state and/or federal procurement requirements to be eligible for potential state and/or federal disaster assistance. Guidance for using contracted services can be found in Attachment C of this plan. A contracting checklist can be found in Attachment D. For additional information see FEMA Publication FP 104-009-2 – Public Assistance Program and Policy Guide 2018.
In recent years, millions of dollars in disaster assistance have been de-obligated to grant applicants following audits because their procurement procedures did not meet federal contracting requirements. De-obligation of disaster assistance funding has caused economic hardships for many jurisdictions. To remedy this situation, FEMA has established a Procurement Disaster Assistance Team (PDAT) to assist applicants before they award contracts. PDAT is currently comprised of nine attorneys tasked with deploying to active disasters and with proactively developing and providing training and guidance materials. This is an effort to reduce procurement violations and help ensure applicants spend federal funds efficiently, effectively and in compliance with applicable federal procurement standards.
The Cities will coordinate with the Procurement Disaster Assistance Team in awarding contracts.
Cal OES will serve as a liaison with the FEMA Disaster Procurement Assistance Team to ensure the Cities and other jurisdictions in the County receive the most accurate information from state and/or federal representatives. The Cities can contact local FEMA staff or the FEMA IX Region Office at (510) 627-7785 to arrange training from the PDAT.
3.3.4 Monitoring of Debris Operations
Monitoring debris removal operations entails observing and documenting debris removal work performed from the point of debris collection to final disposal. It involves constant observationof crews to ensure that workers are performing eligible work in accordance with state and/or federal guidelines and all applicable federal, state, and local regulations. Failure to properly monitor debris removal operations may jeopardize federal disaster assistance.
Accurate documentation of debris removal and disposal operations and eligible associated costs are the outcome of a good debris monitoring program. This documentation serves as the basis for FEMA Public Assistance Project Worksheets (PW)—the documents that authorize grant reimbursements from FEMA. Debris monitoring documentation is critical to verify that debris operations are eligible for reimbursement, costs are reasonable, contract and procurement processes are appropriate, quantification of the debris is accurate, and the tracking of the debris to its final disposition is recorded and in compliance with all regulatory requirements.
Load Site Monitoring
The loading site monitors will perform on-site, street-level debris monitoring at all loading sites to verify debris eligibility based on contract requirements, and initiate debris removal documentation using load tickets. Loading site debris monitors’ primary job is to maintain documentation of work performed at the point of debris collection.
163
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 35 Disposal Monitoring
The primary function of disposal monitoring is to document the disposal of disaster debris at approved TDMSs and final disposal or end-use locations. Monitors perform quality assurance/quality control checks on all load documentation and haul-out documentation to ensure that information captured by loading site monitors is complete. This process includes the following tasks:
Inspection of truck placards for authenticity and signs of tampering Verification that placard information is documented properly Verification that all required fields on the load ticket have been completed Disposal monitors will document the quantity of debris collected by making a judgment call on vehicle fullness (typically on a percentage basis). The percentage documented for each debris removal vehicle is later applied to the vehicle's calculated capacity to determine the amount of debris collected. Disposal monitors’ responsibilities include the following:
Completing and physically controlling load tickets
Ensuring debris removal trucks are accurately credited for their loads Ensuring trucks are not artificially loaded
Ensuring hazardous waste is not mixed in with loads
Ensuring all debris is removed from the debris removal trucks before exiting the TDMS or final disposal site
Ensuring only debris specified within the scope of work is collected In addition to the responsibilities listed above, final disposal site monitors are also tasked with the following:
Ensuring all debris is disposed at a properly permitted landfill. Matching landfill receipts and/or scale house records to haul-out documentation.
3.3.5 Use of Force Account Resources
Force account resources must be accurately documented during disaster response and recovery operations. If documented properly, force account labor and equipment can apply to the Cities’ cost share for disaster-related reimbursement.
The pre-existing condition of equipment used for debris operations must be documented prior to use.
In addition, all resources including staff, should be categorized using the NIMS typing Criteria, where possible. The NIMS Resource Typing Library identifies the following positions and job descriptions for debris operations:
Debris Removal Team NIMS ID 7-508-1235
Manages debris collection
Transports debris
Separates debris
Reduces volume of debris
Disposes of debris
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 36 Debris Operations Officer NIMS ID 7-509-1347
Oversees debris operations
Debris Planning Officer NIMS ID 7-509-1348
Establishes the debris management plan for debris removal Debris Estimation Technical Specialist 7-509-1344
Evaluates and estimates types and quantities of disaster-generated debris Debris Training and Safety Officer NIMS ID 7-509-1349 Ensures that debris staff complete all required training and ensures on-site safety of debris staff
In the event the Cities do not have force account labor and equipment available for debris operations, they should procure external support from mutual aid, contracted resources or by requesting assistance from the OA.
3.3.6 Environmental Considerations and Other Regulatory Requirements CalEPA provides guidance for local and state agencies to conduct disaster debris, waste and HAZMAT removal activities. The following sections describe best practices from CalEPA to address removal of HAZMAT, HHW and asbestos-containing materials (ACM), as well as air monitoring and sampling processes to be conducted at the disaster or incident, and debris management sites.
Health and Safety
Ash may contain elevated levels of heavy metals and/or asbestos. During debris removal operations, an exclusion zone will be established around each site containing ash. All personnel entering this area will be required to wear level C protective attire. All on-site cleanup personnel entering the exclusion zone must be 40-hour HAZWOPER trained Under 29 CFR 1910.120, and California Code of Regulations (CCR) Title 8, Section 5192.
A full-time health and safety officer will be assigned to debris projects. The health and safety officer should be a certified industrial hygienist (CIH). This responsibility may be provided by a contractor.
Depending on the task and activity, all cleanup contractors’ working on-site must have the following certifications and licenses:
State Contractor’s License – Must include an asbestos certification component (if conducting ACM removal), and general engineering, demolition and hazardous substance certifications depending on the task performed
Department of Occupational Safety & Health Asbestos Registration Number (If conducting ACM removal)
Hazardous Waste Transporter Registration Number – Issued by California Department of Toxic Substances Control RCRA EPA ID Number – Issued by U.S. Environmental Protection Agency, Region 9
U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration – Hazardous Material Certificate of Registration
California Highway Patrol – Hazardous Materials Transportation License U.S. Department of Transportation, Federal Motor Carrier Safety Administration – License 165
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 37 U.S. Department of Transportation Identification Number California Department of Motor Vehicles – Motor carrier permit See the Health and Safety Plan in Attachment F of this plan for additional health and safety guidelines for debris management operations.
HAZMAT and HHW
Prior to commencing debris removal activities, all areas must be cleared of HAZMAT, including the removal of easily identifiable (visible) gross asbestos, and radioactive and explosive materials.
Explosive material includes firearms and ammunition, black powder, blasting caps, some fireworks, and military ordinance. If explosive materials are identified on-site, they should be handled by trained personnel and removed immediately to ensure the safety of the public. If the Cities are unable to address explosive materials through their cleanup contract resources, they should use local law enforcement mutual aid to provide assistance.
Prior to the removal of HAZMAT and HHW, a California Division of Occupational Safety and Health (DOSH) Certified Asbestos Consultant (CAC) should assess and sample all residential and other affected sites to identify and remove gross asbestos. This is to ensure that any areas identified as containing gross asbestos material will not be disturbed by HAZMAT cleanup personnel. Any ACM that is not found on the ground due to natural forces may be subject to National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements.
Once the removal of easily identifiable, gross asbestos has been completed, HAZMAT and HHW may be identified, segregated, classified, and properly removed from the site.
Initial hazmat assessment activities must include screening for radioactivity and ensuring that a flammable atmosphere does not exist. Typical HAZMAT includes HHW such as:
Automotive/marine batteries
Automotive oils and fuel
Compressed gas cylinders
Propane tanks
Herbicides and pesticides
Solvents
Paint thinners and strippers
Oil and latex-based paints
Pool chemicals
Polychlorinated biphenyls (typical in caulking, adhesives and other building materials in homes constructed/remodeled between 1950-1980)
Debris and Asbestos-Containing Material
If burn ash or building material on the ground is from structures completely destroyed by natural forces (as opposed to structures demolished in whole or in part by human activity), this material is not subject to the Asbestos NESHAP as it relates to the demolition and renovation, transport and disposal requirements.
166
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 38 If the building material and debris are not completely destroyed and require further demolition, it may be subject to the Asbestos NESHAP.
At a minimum, the following best management practices should be used for undertaking debris removal activities:
California DOSH CAC will be utilized to assess the area or each residential or commercial property for easily identifiable and removable pieces of ACM. After assessing each property or area, the CAC will consult with a licensed asbestos removal contractor to identify the location and area of ACM to be removed.
A Cal/OSHA registered Asbestos Removal Contractor will be responsible for overseeing the safe removal of ACM identified on-site by the CAC.
All on-site personnel working to remove ACM must have received the necessary health and safety training for conducting asbestos removal activities pursuant to OSHA 1910.100, and CCR Title 8, Section 5192, and will be required to wear Level C PPE when working in the exclusion zone.
As noted in Sub-Section a. Health and Safety (above), all on-site cleanup personnel must be 40-hour HAZWOPER trained Under 29 CFR 1910.120, and CCR Title 8, Section 5192. The affected disaster or incident area (commercial, residential, or rural properties) will be screened by a CAC to identify all gross ACM that can be easily removed from the ground or structure prior to debris removal activities.
Request an asbestos consultation from the Bay Area Air Quality Management District (BAAQMD) for any structure that is not completely destroyed or for any structure with vermiculite insulation, for large― facility components or material that will be broken up upon movement, or for other asbestos issues as identified by the CAC. Note: Current field definition of “destroyed” means the structure does not have a roof or any load-bearing walls. During asbestos screening process, it is recommended that bulk samples be collected from 10 to 20 percent of the representative structures that have not been destroyed to determine the presence of ACM above NESHAP regulations, and to ensure residual building materials do not contain asbestos that may change the overall waste classification. All gross ACM that can be safely and easily removed from the site will be adequately wetted prior to being bagged or burrito wrapped to meet the NESHAP leak-tight requirement for removal. The easily identifiable gross ACM can be double-bagged and appropriately labeled as ACM. (At a minimum the plastic bags must be of at least 6-mil thickness, and the contents must remain wet.)
If bulk loading of ACM is utilized, the bin or container used for transport (e.g., end-dump trailer or roll-off box) shall be double-lined with 10-mil ploy in such a way that once loaded both layers can be sealed up independently.
Conduct on-site and off-site air monitoring and sampling for asbestos and heavy metals during all ACM and debris removal operations to demonstrate the effectiveness of engineering controls to protect cleanup personnel and the surrounding community. Engineering controls must be utilized to maintain dust and fiber control during removal activities. A water fog must be used during debris handling, bulking/bagging, and waste loading operations. It is recommended that cleanup contractors will use fire grade firefighting nozzles with shut off valves for dust control. The fire nozzle shall have sufficient water 167
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 39 pressure to generate a high mist fog stream. The fire nozzle should have an adjustable flow rate, preferably 20 to 60 gallons per minute, and constructed of hard-coated aluminum with brass and stainless-steel internal components. Plastic nozzles should not be used. While the costs of metal firefighting nozzles are significantly more than plastic nozzles, metal nozzles are only able to generate a sufficient fog to control dust. All burn ash and debris must be sufficiently wetted 48 to 72 hours in advance of initiating removal of the material. The water shall be applied in a manner so not to generate significant runoff. Engineering controls for stormwater discharges must be in place prior to dust control operations.
All waste material that is not loaded out at the end of each workday should be stockpiled, sufficiently wetted, and/or covered to prevent the off-site migration of contaminants. All waste haulers who observe loading operations outside of the vehicle cab, and/or covering (e.g., tarping) the trailer or container must wear Level C PPE. All approved landfill operators that may come in contact with the waste during off-loading operations should follow their facilities protocols for wearing PPE and respiratory protection. All ACM and debris removed from the property, site or area must be manifested and transported for disposal to a permitted treatment, storage, and disposal facility in good standing with local, state, and federal agencies.
Cal/OSHA may require procedures for the receiving landfill facility to establish an appropriate site safety plan for the protection of the facility employees to potential ACM in the waste stream.
Disposal facility emergency waivers, and suspension of regulations for disposing of wastes generated from a disaster or large-scale event, must be coordinated with the Local Enforcement Agency (LEA) and the Regional Water Quality Control Board.
Air Monitoring and Sampling
Air monitoring and sampling activities should be conducted in the exclusion zone (on-site) and along the perimeter of sites during debris removal activities, as well as during non-work hours to establish relevant background air pollution levels. Air quality management practices and engineering controls used during emergency debris removal should be in compliance with the Bay Area Air Quality Management District (BAAQMD) guidance which can be found at https://www.baaqmd.gov/.
On-site Air Monitoring
An on-site (industrial hygiene) air monitoring program must be in place at the immediate debris removal area to protect respiratory health. The following are required dust abatement and mitigation practices:
Document on-site air monitoring activities in a site-specific Health and Safety Plan (HASP) All personnel entering the immediate removal area should be required to wear Level C PPE, as defined in CCR Title 8 Section 5192; this level of PPE may be downgraded based on results of industrial hygiene air sampling
Sample/monitor for dust, heavy metals, and asbestos. Particulate matter monitoring shall be done by direct reading instruments for real-time analysis. Heavy metal sampling can be conducted via cartridge or filter analysis using National Institute for Occupational Safety and Health (NIOSH) Method 7300 (metal scan). Asbestos samples should be collected with 168
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 40 a 50mm antistatic towel on a 25mm Mixed Cellulose Ester Filters (MCEF) cassette and analyzed by transmission electron microscopy (TEM) NIOSH Method 7402 (high volume) Collect at least one upwind and two downwind dust samples from the immediate debris removal area in a triangular configuration
Personal air sampling collected in the breathing zone of site cleanup workers should be conducted for dust, heavy metals, and asbestos. Sampling can be representative rather than comprehensive so long as monitored personnel are representative of various on-site operators, laborers, and supervisors
The on-site air monitoring program shall include steps to modifydebris removal operations to reduce the potential for exposures above the NIOSH Recommended Exposure Limits.
The Threshold Limit Values are published by the American Conference of Governmental Industrial Hygienists (ACGIH), or found in other protective occupational health guidance used in the site-specific HASP
Assign a full-time safety officer to the removal operations, preferably a CIH. At the conclusion of the debris removal project, a summary of air monitoring activities and any resulting health and safety issues should be provided to the Project Manager or Operations Chief
Off-site Air Monitoring
No off-site migration and/or emission of dust or airborne contaminants are required during debris removal operations when appropriate dust mitigation controls are in place. However, a community- based air monitoring program may be established to monitor off-site migration of airborne contaminants, especially if adjacent neighborhoods are reoccupied.
Sampling or monitoring can also target sensitive population centers or locations such as schools and hospitals. While community monitoring is not required during disaster recovery efforts, increased community sensitivity following a disaster may justify a monitoring program. The following activities support off-site air monitoring:
Coordinate any monitoring and sampling efforts with the Alameda County Environmental Health Departments and the BAAQMD. Additional state and federal resources are available if local resources are unavailable or exhausted. The favored approach is an interagency effort with either the BAAQMD or local health department as the lead agency. Develop a Sampling Plan and document community monitoring activities in a Community HASP.
Monitoring may be for particulate matter alone or in combination with asbestos or other suspected contaminants. Particulate matter can serve as a proxy for the migration of other particulate-type airborne contaminants, but not gases and aerosols, which need separate monitoring.
Direct read or near real-time dust measurement instrumentation such as a data ram is preferred and allows immediate feedback to removal operations and to impacted communities.
If instituted, community monitoring should be conducted in both upwind and downwind locations relative to debris removal operations and/or the immediate impacted area. Occupational health recommendations cannot be used in determining risk to public health.
Only public health guidance values can be used to interpret community monitoring data. 169
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 41 Twenty-four-hour average particulate matter concentrations (PM2.5 or PM10) should be equal to or less than 35 µg/m3; 8-hr. averages should be equal to or less than 50 µg/m3; and, 3 hr. averages should be equal to or less than 88 µg/m. Additional information on community air quality monitoring is available at:
https://www.epa.gov/sites/production/files/2015-
09/documents/community_air_screening_how_to_manual.pdf
Storm Water Controls
Discharge of ash and other burn-related debris into storm drains or natural receiving waters represents a water quality risk. Sites, where debris and ash have been removed, are often graded and have soils prepared similar to those of construction projects. This increases the exposure of soils to wind, rain, and concentrated flows, which may cause erosion and adversely impact stormwater quality. The result can be high levels of suspended solids and other pollutants in runoff, which impacts surface waters.
Controls that stabilize disturbed soil and reduce sediment transport caused by erosion should be in place to prevent stormwater from entering a drain system, surface waters, or aquafers. Best management practices for stormwater controls may include the use of fiber rolls, silt fences, erosion control blankets, hydroseeding, soil binders, and other devices to reduce sediments.
Where possible existing vegetation should be preserved. Once debris removal has been completed, normal operation and maintenance of stormwater control measures are returned to the property owner or the local government.
Reduction of Disaster Debris by Burning
The California Health & Safety Code (HSC) 41800 prohibits individual persons from using fire to dispose of waste. This applies to individual property owners and tenants. HSC 41800 has rarely been waived by a Governor’s Proclamation of Emergency. However, the code does establish specific authority for any public officer, including the Governor, to set or permit fires for the following purposes:
The prevention of a fire hazard which cannot be abated by any other means The instruction of public employees in the methods of fighting fire The instruction of employees in methods of fighting fire, when such fire is set, pursuant to permit, on property used for industrial purposes
The setting of backfires necessary to save life or valuable property pursuant to Section 4426 of the Public Resources Code
The abatement of fire hazards pursuant to Section 13055 Disease or pest prevention, where there is an immediate need for and no reasonable alternative to burning
The remediation of an oil spill pursuant to Section 8670.7 of the Government Code Burning debris should be coordinated with the BAAQMD. Guidance for burning disaster debris can be found on the CalOES Debris Management.
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 42 Historical Considerations
There are a number of historical properties in the Cities. These include the Green Store, the Original Murray School House, and Old St. Raymond’s Church in Dublin and the Alviso Adobe, English-Mohr House, Fallon House, Heathcote–Makenzie House, and the Kottinger Adobe Barn in Pleasanton.
The Cities will ensure that California Environmental Quality Act (CEQA) guidelines are met regarding all historical properties. To view the current State Registry, go to www.ohp.parks.ca.gov/ListedResources.
FEMA is required to conduct a National Historic Preservation Act (NHPA) Section 106 review for any FEMA funded project that has the potential to affect historical properties. A Section 106 consultation consists of a 4-step consultation process:
1. FEMA initiates the Section 106 consultation process
2. Historic properties are identified and evaluated. FEMA will assess the significance of the properties and consult with the State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO)
3. Adverse effects are assessed. FEMA will consult with the SHPO and THPO to determine if there will be any adverse effects to the properties. If there will be no adverse effects, the project may proceed.
4. Adverse effects are resolved. If there would be adverse effects, FEMA will consult with affected parties to determine ways to minimize the adverse effects on the properties
3.3.7 Populations with Disabilities and Other Access and Functional Needs California Government Code, Section 8593.3 requires each county and city to integrate access and functional needs into emergency response plans. Government Code Section 8596.3 defines populations with access and functional needs to include individuals who may have additional needs before, during, and after an incident. Individuals who may need additional response assistance may include individuals with:
Developmental or intellectual disabilities
Physical disabilities
Injuries
Chronic conditions
Limited or no English proficiency
Individuals needing additional response assistance may also include older adults, children, people living in institutionalized settings, low-income individuals, homeless individuals, and transportation disadvantaged individuals.
Debris management strategies will include actions to support access and functional needs individuals. This might include linking them with organizations to assist them in getting debris to the ROW, ensuring public information messages can be received and understood in various languages, and making sure they can access sidewalks and public transportation resources. 171
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 43 Debris Planning Considerations
Disasters create new physical barriers and eliminate and/or reduce services available to everyone.
For people with access and functional needs, this may remove or reduce their ability to perform certain functions that were previously possible, limit their capacity to live independently, and/or navigate the available disaster response and recovery processes effectively. To the greatest extent possible, populations with disabilities and functional and access must be identified and prioritized during debris operations.
Public Information
Accurate, accessible information before, during, and after an emergency allows individuals with disabilities and access and functional needs better respond to disasters. The Cities will provide disaster preparedness, response and recovery information that is tailored to the individual City Communities. It will be delivered in multiple formats.
Emergency Roadway Clearance
During the emergency roadway clearance, debris is pushed out of the road onto the ROW. This allows emergency response vehicles to pass but it obstructs sidewalks. Public entities can coordinate with volunteer organizations to identify vulnerable populations and prioritize those areas for initial ROW debris removal. This will expedite removal from sidewalks and other critical pathways for individuals with mobility challenges.
ROW Collection
ROW collection can create challenges for individuals with disabilities and access and functional needs. Bringing debris to the ROW may adversely impact individuals with mobility challenges.
Jurisdictions can coordinate with volunteer organizations active in disasters to identify potential vulnerable populations and coordinate services to assist with debris removal services.
3.4 Debris Disposal Locations and Debris Management Sites Following a debris-generating incident, the Cities will need to identify land that can be used as TDMSs. Attachment L provides a form to use in assessing TDMSs.
The City of Pleasanton has a Transfer Station owned and operated by Pleasanton Garbage Service located at 3110 Busch Road. The City has a sole franchise agreement with Pleasanton Garbage.
Per the franchise agreement, the approved solid waste disposal site is the Altamont Landfill owned and operated by Waste Management at 10840 Altamont Pass Road in Livermore. The approved facility for Construction and Demolition Debris Processing is the Transfer Station. The processing of this material is completed by a subsidiary of Pleasanton Garbage called Recycling and Resource Recovery Systems, LLC. The Franchise Agreement also stipulates the following Provision of Emergency Services in Section 6.15, Provision of Emergency Services:
Contractor shall provide emergency services at the City’s request in the event of major accidents, disruptions, or natural calamities in a manner consistent with the services and procedures identified in its contingency plan required in accordance with Section 5.9. Emergency services may include, but are not limited to assistance handling salvaged materials, processing, composting, or recycling materials, or disposing of solid waste following a major accident, disruption, or natural calamity. 172
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 44 Contractor shall be capable of providing emergency services within 24-hours of notification by the City or as soon thereafter as is reasonably practical in light of the circumstances. Emergency services, which exceed the Contractor’s obligations, shall be compensated in accordance with Section 8.4. If the Contractor cannot provide the requested emergency services, the City shall have the right to take possession of the Contractor’s equipment for the purposes of providing emergency services in accordance with Article 10.
Amador Valley Industries also utilizes the Busch Road Transfer Station for the City of Dublin. Per the City of Dublin’s franchise agreement, the approved solid waste disposal site is the Altamont Landfill owned and operated by Waste Management at 10840 Altamont Pass Road in Livermore.
The approved facility for Construction and Demolition Debris Processing is the Transfer Station.
The processing of this material is completed by Recycling and Resource Recovery Systems, LLC.
The Franchise Agreement also stipulates the following Provision of Emergency Services in Article 17, Emergency Service Provisions:
The clean-up from some events may require that Contractor hire additional equipment, employee additional personnel, or work existing personnel on overtime hours to clean debris resulting from the event. The Contractor shall receive additional compensation, above the normal compensation contained in this Agreement to cover the costs of rental equipment, additional personnel, overtime hours and other documented expenses based on the rates set forth in Exhibit 1 to this agreement provided the contractor has secured written authorization and approval from the City though the City representative.
3.4.1 Temporary Debris Management Site Criteria
An Emergency Waiver of Standards grants a landfill operator temporary relief from specific standards such as permitted capacity, throughput, and acreage. Existing operations may pursue such a waiver with the local enforcement agency for CalRecycle in accordance with the California Code of Regulations Title 14, Section 17210. The use of closed landfills and planned solid waste facilities will require permission from HCSA and appropriate local land use and other jurisdictional agencies.
3.4.2 Landfill and End Use Options Assessment
Disaster debris should be diverted from landfills to the greatest extent possible through reduction, recycling and reuse. Common recyclable materials that are a result of a debris-generating event include wood waste, metals, and concrete. The following are potential uses for each of these materials:
Wood Waste – Vegetative debris that is reduced through chipping or grinding results in leftover mulch. The remaining mulch can be used for agricultural purposes or fuel for industrial heating. For the mulch to be viable in agricultural purposes, the end user typically has a size requirement and quality requirements that the mulch be as clean as possible of plastics and dirt. 173
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 45 Metals – Metal debris such as white goods, aluminum screened porches, etc., that may result from a debris-generating event can be recycled. Certain metals, such as aluminum and copper, are highly valuable to scrap metal dealers.
Concrete – Concrete, asphalt, and other masonry products that may become debris as a result of a debris-generating event can be crushed and potentially used for road construction projects or as trench backfill.
In Alameda County, there are solid waste facilities that conduct composting operations, transfer/processing operations, waste tire, and disposal operations that can serve as landfill and end- use options for managing disaster debris. Attachment I provides a list of landfills and end-use facilities in the County.
The Cities will assess end-use options based on the disposal requirements for the debris scenario estimates listed in Section 1.4.2.
3.5 Special Debris Programs
When large-scale disaster events cause mass destruction and generate large quantities of debris over vast areas, debris on private property may sometimes pose health and safety threats to the public-at-large. If private property owners are not available because they have evacuated, the City may need to enter private property to remove debris considered to be an immediate threat to the lives, health, and safety of its residents. In such situations, Cal OES and FEMA are authorized to approve the provision of Public Assistance for the removal of debris from private property when it is considered to be in the public interest.
3.5.1 Private Property Debris Removal
Generally, private property debris removal is not eligible for funding under the Public Assistance Program because it does not typically present an immediate health and safety threat to the general public, and it is normally considered to be the responsibility of the individual property owner.
However, when large-scale or catastrophic disaster events cause mass destruction and generate large quantities of debris over vast areas, debris on private property may pose health and safety threats to the public at large. In such situations, FEMA may provide funding for debris removal from private property on a case-by-case basis. An applicant should submit a written request to FEMA through the State before beginning removal of debris from private property, if it intends to request reimbursement through the FEMA Public Assistance Program. See FEMA 325, Chapter 4, for additional information on private property debris removal.
The Cities should work with Public Assistance staff before beginning any debris removal from private property to ensure that all legal, environmental, historic, and scope-of-work considerations are addressed.
Debris removal from commercial property is generally not eligible for FEMA Public Assistance funding, because it is assumed and expected that these commercial enterprises retain insurance that covers debris removal. However, in some cases, as determined by FEMA, the removal of debris 174
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 46 from private commercial property by a State or local government may be eligible for reimbursement only when such removal is in the public interest.
To receive Public Assistance reimbursement for private property debris removal, an applicant at a minimum must provide FEMA with a right-of-entry agreement including a hold-harmless agreement and indemnification applicable to the project scope of work, photos documenting the condition of the property, a private property debris removal assessment establishing the scope of work, and documentation of an environmental and historic review, if appropriate.
State and local governments must take reasonable steps to prevent a duplication of benefits and to verify that insurance coverage or any other source of funding does not exist for private property debris removal. When the debris removal is covered by insurance, insurance proceeds must be used as the first source of funding. Cal OES requires that local governments check homeowner insurance policies to determine coverage and to collect insurance proceeds to return to FEMA and the state. Cal OES also strongly suggests that right-of-entry documents include an explicit requirement that the property owner forward insurance proceeds to the applicant agency.
If private property debris removal is authorized and considered for the Cities, the following documentation will be required by the state and FEMA:
Right-of-Entry (ROE) and Hold Harmless Agreements (HHA) – The City executes signed ROE and HHA documents with private property owners holding the federal government harmless from any damages caused to private property. A sample ROE/HHA agreement is in Attachment M
The jurisdiction may execute ROE and HHA forms prior to a disaster under the condition that the ROE and HHA forms do not reference a particular incident or disaster number. The sample ROE/HHA includes a stipulation that the property owner will report any insurance settlements paid to the property owner for debris removal to the jurisdiction, if the property had debris removed at government expense. This will aid the Cities in recouping costs of debris removal from private property
Photos – Photograph conditions of private property before debris removal and after completion of debris removal should be made to protect the interest of the Cities. The photos will support verification of the address of and scope of work on the property. Private property debris removal assessment – The assessment will be a property-specific form to establish the scope of eligible work on the property. The assessment can be in the form of a map or work order, provided the scope of work can be clearly identified. Documentation of environmental and historical review – Debris removal efforts on private property must comply with all review requirements under the California Environmental Quality Act (CEQA), and 44 CFR (specifically parts 9, Floodplain Management and Protection of Wetlands, and 10, EnvironmentalConsiderations).
3.5.2 Hazardous Trees
Determining removal of hazardous trees and stumps is challenging. FEMA has established criteria to assist in making these determinations, using objective information that can be collected in the field. The following procedures align with the FEMA Public Assistance Program eligibility 175
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 47 requirements for potential state and/or federal reimbursement. More detail on stumps is provided in Attachment K, Hazardous Stump Removal Procedures.
Trees
Removing hazardous trees may be eligible for FEMA Public Assistance grant funding. A tree is considered hazardous if its condition was caused by the disaster; it is an immediate threat to lives, public health and safety, or improved property, it has a diameter breast height of six inches or greater and one or more of the following criteria are met:
Has a split trunk
Has a broken canopy
Is leaning at an angle greater than 30 degrees
Trees determined to be hazardous and that have less than 50 percent of the root-ball exposed should be cut flush at the ground level. Grinding of the resulting stump after the tree has been cut flush at the ground level is not eligible work. The cut portion of the tree is included with regular vegetative debris. The Cities should make an effort to cut the tree trunk as close to the ground as possible.
The eligible scope of work for a hazardous tree may include removing the leaning portion and cutting the stump at ground level. An example of an ineligible costing method for such work would be removing the tree and stump for two separate unit costs.
The FEMA Public Assistance Program may reimburse straightening and bracing if they are less costly than removal and disposal. Straightening and bracing are emergency protective measures if they eliminate an immediate threat to lives, public health and safety, or improved property. If the Cities choose to straighten and brace a tree in lieu of removal, the tree would not be eligible for removal if it dies.
Hazardous Limb Removal
Removing hanging limbs may be eligible for Public Assistance grant assistance. Limbs must be:
The limbs or branches extend over the public ROW
The limbs or branches pose an immediate threat
Greater than two inches in diameter at the point of breakage The Applicant removes the hazard from the public ROW (without entering private property) Only the minimum amount of work necessary to remove the hazard is eligible. Pruning, maintenance trimming, and landscaping are not eligible. Work should be executed in an efficient manner. For example, all hazardous limbs in a tree should be cut at the same time, not in passes for particular sizes. Work to remove hanging limbs from a tree that has been determined to be a hazard and is scheduled for removal is not eligible. If this work is contracted out, it is typically done on a per tree basis.
An eligible scope of work may be to cut the branch at the closest main branch junction. Removing the entire branch back to the trunk may not be eligible. 176
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 48 If the canopy of a tree located on private property extends over a public ROW such as a sidewalk, removal of hazardous limbs on the tree that extend over the public ROW and meet the above criteria may be eligible. Limbs on the tree that do not extend over the public ROW are not eligible. Documentation required for Public Assistance grant consideration:
Describe the immediate threat, e.g., photos of hanging limbs or leaning trees; Clearly define the scope of work to remove the immediate threat; Specify the improved public property location by recording the nearest building address and/or GPS location; and
Denote date, labor (force account or contract), and equipment used to perform the work.
Hazardous Tree Stumps
A stump may be determined to be hazardous and eligible for Public Assistance grant funding as a per-unit cost for stump removal if it meets all of the following criteria:
It has 50 percent or more of the root-ball exposed (less than 50 percent of the root-ball exposed should be flush cut)
It is greater than 2 feet in diameter, as measured 2 feet above the ground It is on improved public property or a public ROW
It poses an immediate threat to life, and public health and safety If an uprooted stump must be removed prior to state and/or federal approval, the public entity must submit the following information for Public Assistance grant consideration:
Photographs and GPS coordinates that establish the location on public property Specifics of the threat
Diameter of the stump 24 inches from the ground
Quantity of material needed to fill the resultant hole The state and/or FEMA may reimburse the reasonable cost to remove, transport, dispose of, and fill the hole from a stump of more than 2 feet in diameter if:
The City and State agree the tree or stump is hazardous according to the above definition Generally, if the removal was approved in advance A Hazardous Stump Worksheet is completed and submitted for FEMA approval. A copy of the Hazardous Stump Worksheet may be found in Attachment K of this plan.
In some instances, grinding of an uprooted stump and filling the resulting cavity may cost less than a complete extraction. In these cases, the City should present the cost comparison documentation to the State and/or FEMA for consideration; however, the stump must have already been determined eligible for removal according to the above criteria.
Stumps measuring 2 feet in diameter or less do not require special equipment for removal; therefore, reimbursement will be based on the reasonable unit cost per cubic yard (CY), using the Stump Conversion Table found in Attachment K. The unit price for stump removal includes the extraction, transport, and disposal of the stump as well as filling the cavity that remains. 177
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 49 FEMA will reimburse the City at the unit cost rate (usually CYs) for normal debris removal for all stumps, regardless of size, placed on the public rights-of-way by others, i.e., contractors did not extract them from public property or property of eligible private nonprofit organizations. In such instances, public entities do not incur additional costs to remove these stumps; the same equipment used to pick up vegetative debris can be used to pick up these stumps.
See the FEMA Public Assistance Debris Management Guide for more information on hazardous stumps.
3.5.3 Human Remains
The California Office of Emergency Services DDMP provides a detailed approach regarding the management of human remains. The following section mirrors the guidance provided in the State’s plan and provides the responsibility of jurisdictions regarding recovery and disposition of human remains.
During catastrophic disasters, many individuals are unaccounted for and may be trapped in rubble.
Human remains should be recovered at the incident site to the maximum extent possible. However, remains are sometimes discovered during debris management operations at the collection, reduction, or final disposal sites.
There is no direct risk of contagion or infectious disease from being near human remains for people who are not directly involved in recovery or other efforts that require the handling of dead bodies. If human remains are discovered during debris operations, the field supervisor should contact law enforcement officials by calling 9-1-1 to report the situation. Law enforcement will conduct an investigation and coordinate removal with the Alameda County Sheriffs/Coroner’s Office.
Human remains do present health hazards if directly contacted. Do not handle or move the body.
Obstruct the view of the body from the public and employees, if possible and wait for emergency services to arrive.
3.5.4 Crime Scene Debris
The California Office of Emergency Services DDMP provides a detailed approach to debris removal from a crime scene. The following section mirrors the guidance provided in the State’s plan and highlights the responsibility of jurisdictions regarding the recovery and disposition of human remains.
Public and Responder Safety
Public safety and responder safety are prioritized before securing or collecting evidence. If debris poses an immediate threat to public or responder safety, mitigate the threat and then implement measures to manage evidence.
Weapons of Mass Destruction/Acts of Terrorism
Following a weapons-of-mass destruction (WMD) or terrorism incident, the lead law enforcement agency will likely assume the role of incident command. Typically, debris operations will run concurrently with rescue and recovery operations. Investigation of the debris and evidence collection will need to happen as quickly as possible. This type of incident will have many complex and 178
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 50 competing priorities beyond debris operations. The Incident Commander is responsible for managing these priorities and determining the response and recovery objectives. Debris management will be conducted as directed by the Incident Commander.
Debris operations for a WMD/terrorism incident will be much different than disaster debris management for a natural disaster. Law enforcement agencies will have a much larger role in debris operations from a WMD/terrorism incident. Debris is considered evidence until the lead law enforcement agency has declared it clear of evidentiary possibilities. As such, debris must be securely handled, monitored, transported, and processed.
Securing Debris as Evidence
Typically, local law enforcement agency responsibilities will include establishing and securing a perimeter, controlling access to the site, escorting transported debris and assisting in the collection, preservation, and documentation of evidence. The Federal Bureau of Investigation (FBI) may engage the services of internal response assets to assist in evidence collection and management including laboratory analysis of evidence collected from the debris.
Managing the Integrity of the Crime Scene
Initial site security is initiated by the local response. A perimeter is established in the course of protecting the public and giving adequate space for response workers, equipment, and vehicles.
This original perimeter will be maintained or possibly expanded by local law enforcement with regard to protecting the outer limits of the crime scene. Planning must begin early to strengthen this perimeter with physically durable materials such as chain link or other fencing.
Perimeter Establishment and Enforcement
For a crime scene of this magnitude, an inner and outer perimeter must be established and secured by local law enforcement agencies. Some initial sites may have adequate space to allow for evidence (debris) processing sites within the inner perimeter. In most cases, this is not possible, and arrangements must be made to transport evidence (debris) to an off-site location for processing.
In this event, both inner and outer perimeters must also be established for any remote work sites associated with evidence processing and recovery.
Inner Perimeter Security Requirements:
Identify a Site Safety Officer on-scene
Develop a site-specific HASP
Ensure all responders, including debris management personnel, are wearing appropriate PPE at all times
Establish a control point for logging name, date, time of entry, and vehicle Establish an accountability system for inner perimeter responder safety Site Access and Credentialing:
Establish appropriate resources to provide for on-scene credentialing for all personnel Establish a credentialing point outside of the outer perimeter Ensure debris personnel have appropriate badging and credentials prior to arrival at the 179
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 51 incident site
Establish secure points of ingress and egress for debris haulers and other vehicles.
Evidence Collection and Preservation:
Establish a process for chain of command of debris including:
Removal from site
Transport
Arrival at site for processing
Transport to disposal
Arrival at disposal site
Documentation of debris chain of command must include:
Name of equipment
Name of equipment operator
Date, time, and work zone
Debris that is transported should be accompanied by or monitored by a law enforcement officer until it has arrived to a remote secure site
Establish a receiving point to secure large quantities and varying sizes of debris such as an off-site warehouse or storage containers that can be secure by law enforcement continuously
3.5.5 Wildland Fires and Drought
The Cities are susceptible to the impacts of severe drought and wildland fires. Prolonged periods of drought can affect water availability and quality and increase fire potential for natural fuels. These affects combined with high winds increase the risk of wildland fire. While fires leave less debris than other types of disasters, they still generate waste including:
Destroyed homes
Burned cars and other metal objects
Ash and charred wood waste
Hazardous trees
There are strategies contained in the Cities’ LHMPs and General Plan Safety Element to mitigate the impact of drought and wildland fires including:
Implement xeriscape and public education programs to conserve water Conduct wildfire training for response and recovery staff. Develop a wildland urban interface plan
Educate homeowners on the importance of water conservation and the effects of wildfires Create defensible space around structures through the removal of flammable vegetation Use non-combustible building envelope assemblies, ignition resistant materials, and proper retrofit techniques of new and existing structures.
Reduce hazardous fuels by vegetation management, vegetation thinning, or reduction of flammable materials to protect life and property beyond defensible space parameters but proximate to at-risk structures
180
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 52 A specific Health and Safety Plan (HASP) should be developed, and daily health and safety briefings should be conducted when conducting debris operations following a fire.
3.5.6 Abatement and Demolition
Demolition of disaster-damaged structures, both public and private, meeting the general eligibility criteria for debris removal may be eligible as emergency work; however, insurance may cover some or all of the cost. FEMA reviews an applicant’s insurance policies before approving funding. The below criteria apply:
To ensure Public Assistance funding approval for demolition, an applicant should include Cal OES and FEMA in the decision-making process.
Eligible activities include, but are not limited to, demolition of the superstructure, filling in of open below-grade structures (basements, swimming pools), capping wells, and pumping and capping septic tanks.
Ineligible work associated with demolition includes the removal of slabs, foundations, and driveways.
Structures condemned as safety hazards before the event are not eligible for demolition. When demolition is covered by insurance, insurance proceeds must be used as the first source of funding.
Emergency protective measures to stabilize the facility or to restrict access (fencing) may be sufficient to relieve an immediate threat and may be more cost-effective than demolition and reconstruction. FEMA generally funds the most cost-effective option to eliminate the threat. An applicant may be reimbursed under the Public Assistance Program for demolition of privately owned structures only if the same conditions as discussed above are met with respect to demonstrating legal responsibility. Further, a legally authorized official must order demolition of the unsafe structure. Documentation similar to that described above will be required by FEMA before approval of funding. See FEMA 325 Chapter 4 for details of private property debris removal at https://www.fema.gov/pdf/government/grant/pa/demagde.pdf.
Demolition of commercial structures is generally not eligible under the Public Assistance Program, unless necessary to expedite the restoration of the economic viability of the affected community.
Abatement of Abandoned Structures
Chapter 7.52 of the Dublin General Code and Chapter 20.32 of the Pleasanton General Code provide authority for the abatement of hazardous structures. This includes hazardous, abandoned structures that may be demolished by the Cities. Cost of demolition shall be passed to the structure owner for recoupment. If insurance and other funding for recoupment is insufficient to cover demolition costs, the Cities may request funding from FEMA through the Public Assistance program.
3.5.7 Mobile Home Park Procedures
To remove debris from mobile home parks, the Cities will need to obtain permission from the park property owner to enter the mobile home park itself and from each mobile homeowner. Upon receiving permission, City general code applies for determining the need for abatement. FEMA Public Assistance programs apply for eligibility under the Public Assistance Program. 181
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 53 4. Contracted Services
City staff may find it necessary to contract for debris removal services if the magnitude of the disaster is beyond the capabilities of its force account resources, state resources, mutual aid agreements, and volunteer labor. Possible contracted services include:
Collection, including clearance during the response phase Reduction or recycling
Hazardous waste handling, processing, and disposal
Hauling to final disposition
DMS activities
Demolition
Monitoring
Environmental studies
Project management
The Cities may enter into any contractual arrangements they wish. However, it should be noted that FEMA is not bound to applicant contractual obligations because it is not a party to those contracts.
The Cities should coordinate with Cal OES staff and FEMA to ensure compliance with the provisions of the Public Assistance Program, as well as other applicable statutes and regulations The Cities responsible for payment of all contracted services regardless of whether such services are eligible for Public Assistance grant funding. Additional information on developing contracts that comply with Public Assistance Program requirements is provided in, FEMA RP9580.201, Fact Sheet: Debris Removal
4.1 Emergency Contracting/Procurement Procedures
Applicants have been denied or lost Public Assistance Program funding when procurement procedures were overlooked in the interest of time. There are methods by which the Cities can expedite the procurement process without jeopardizing potential funding. The Cities may use one or more of the following methods.
Pre-qualified contractors – FEMA strongly encourages applicants to pre-qualify debris removal contractors prior to an event and solicit bid prices from this list of contractors once an event has occurred to ensure competitive bidding and obtain reasonable market prices at the time of work performed. The solicitation for pre-qualifying contractors should adequately define in the proposed scope of work all potential debris types, anticipated haul distances, and size of events for which a contract may be activated.
Typically, contractors must meet minimum requirements, such as insurance, bonding, and licensing, prior to being awarded a contract by an applicant. Applicants may advertise a Request for Qualifications (RFQ) for contractors to establish their company as a credible 182
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 54 candidate for a contract award. The pre-qualified contractors on the list are invited to bid on a contract. The pre-qualified contractors can then focus on developing costs rather than assembling documentation in order to qualify for bidding. Pre-event contracts – The applicant may choose to solicit bids and award contracts in non-disaster times. This allows time for a deliberate procurement process and gives applicants flexibility in mobilizing the appropriate resources in anticipation of an event.
The Cities may expedite procurement procedures for purpose of public exigency; this does not mean that competitive proposals are not required.
4.2 General Contract Provisions
The following important points should be considered during the acquisition and oversight of debris removal and disposal contracts:
All contracts should have a well-defined scope of work, specified costs, basis of payment, and performance schedule
Contracts must be competitively bid
Long-term contracts should be written on a unit price basis Complete and accurate records of contractor activities should be kept by the applicant and are essential for receipt of federal fund
Contractor activities must be monitored by trained and knowledgeable applicant representatives
Time and materials (T&M) contracts are typically only allowed for the first 70 hours of response. After that point, the contracts must be competitively re-bid on a unit price basis. Unit price contracts are based on weights or volume of debris hauled and should be used when the scope of work is not well defined
Lump-sum contracts are allowed but should be used only when the scope of work is clearly defined. An example of clearly defined work would be removal and disposal of an existing wood chip pile at a processing site
Cost plus percentage of cost contracts are not allowed FEMA does not certify or approve contracts or contractors
4.3 Contract Terms and Conditions
The Cities should work closely with the Cal OES and FEMA when awarding such contracts to ensure eligibility requirements are met. Typical terms and conditions that apply are:
Payment will be made only for debris that FEMA determines eligible. (This is an optional provision to protect the applicant.)
Contractors must submit invoices regularly and for no more than 30-day periods A “Termination for Convenience” clause allowing contract termination at any time for any reason
A time limit on the period of performance for the work to be done 183
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 55 A subcontract plan including a clear description of the percentage of the work the contractor may subcontract out and a list of subcontractors the contractor plans to use A requirement that the contractor use mechanical equipment to load and reasonably compact debris into the trucks and trailers
A requirement that the contractor provide a safe working environment A requirement that all contract amendments and modifications will be in writing A requirement that contractors must obtain adequate payment and performance bonds and insurance coverage.
Cost Analysis
Pursuant to 44 CFR § 13.36, Procurement, Public Assistance applicants must complete a cost analysis for any contract or contract modification where price competition is lacking. Failure to complete a cost analysis may jeopardize Public Assistance grant funding. Upon request, FEMA will provide guidance as necessary in the cost analysis process. Such a review does not constitute approval when determining the eligibility of reimbursement costs under FEMA’s Public Assistance Program.
Debris Monitoring Contracts
The Cities must monitor all debris removal operations and document all eligible debris removal expenses as a condition of receiving Public Assistance funding. The Cities may use contractors to monitor their debris removal operations. The Cities should consider the following when procuring debris monitoring contracts:
Debris monitoring contracts must be competitively procured as required by 44 CFR § 13.36, Procurement
Debris monitors should not be employed by or affiliated with the debris removal contractor Debris monitoring contracts are typically time and materials contracts and must contain a not-to-exceed clause
The contract should include a requirement that the contractor provide a safe working environment, including properly constructed monitoring towers Use of a load ticket system to record with specificity (e.g., street address, GPS coordinates) where debris is collected and the amount picked up, hauled, reduced, and disposed of Debris monitors should be trained and possess skills adequate to fulfill the duties of the job. Labor rates should be commensurate with the skill level required by the job function. Professional engineers and qualifications are not required to perform monitoring duties The contractor should demonstrate that its staff is familiar with FEMA debris removal eligibility criteria
Contracting Avoidance Checklist:
DO NOT: Award a debris removal or debris monitoring contract on a sole-source basis DO NOT: Sign a contract (including one provided by a contractor) until your legal representative has thoroughly reviewed it
DO NOT: Allow any contractor to make eligibility determinations; only FEMA has authority to make final eligibility determinations
184
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 56 DO NOT: Accept any contractor’s claim that it is “FEMA certified.” FEMA does not certify, credential, or recommend debris contractors
DO NOT: Award a contract to develop and manage debris management sites, unless the debris sites are part of your approved debris management plan or you contact Cal OES or FEMA for technical assistance concerning the need for such an operation. Temporary Debris Management Sites are not always necessary
DO NOT: Allow separate line-item payment for stumps 24 inches and smaller in diameter; you should treat these stumps as normal debris
DO NOT: “Piggyback” or utilize a contract awarded by another entity. “Piggybacking” may be legal under applicable state law; however, the use of such a contract may jeopardize FEMA funding because these contracts do not meet requirements for competition established in 44 CFR § 13.36. If an applicant requests reimbursement for costs it incurred from a piggyback contract, FEMA will determine the reasonable cost for the performance of eligible work
DO NOT: Award pre-disaster/standby contracts with mobilization costs or unit costs that are significantly higher than what they would be if the contract were awarded post-disaster.
Such contracts should have variable mobilization costs depending upon the size of the debris work that may be encountered
DO NOT: Allow for markups due to errors in volume calculations DO NOT: Allow for miscellaneous items, or for contract contingencies of any kind, including “unknowns.”
185
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 57 5. Finance, Administration and Logistics
Successful debris management operations include supporting cost recovery processes. All City departments and agencies will maintain records of personnel, equipment, and material resources used to comply with this plan. Such documentation will then be used to support reimbursement from state or federal assistance programs. Attachment H of this plan contains the forms needed to track use of equipment and employee time during debris operations.
5.1 Funding
The federal government provides several assistance programs through various agencies to support debris operations. However, these programs have extensive documentation requirements that must be adhered to. Additionally, the policy guidance for these assistance programs changes and adapts with lessons learned from each disaster across the United States. It will be important for the Cities to maintain awareness of current federal assistance program guidance and regulations related to disaster debris federal funding programs.
5.1.1 State Funding Sources for Disaster Debris Operations The State provides funding for debris operations that may be available when federal funds are not due to the lack of a Stafford Act Disaster Declaration. These include:
California Disaster Assistance Act: (CDAA)
The State can provide assistance through the CDAA. The CDAA was created to assist the State manage regularity and administrative issues related to disasters. The CDAA governs the eligibility rules for disaster debris removal within the State. The CDAA provides regulatory guidance for three components of disaster finance and administration, emergency work, emergency protective measures, and debris removal.
California Disaster Assistance Act Eligibility Rules
CDAA, Section 2920 – Emergency Work. Emergency work to saves lives, protect public health and safety and to protect property in an area proclaimed to be in a state of emergency.
CDAA, Section 2930 – Emergency Protective Measures. Actions taken to remove and/or reduce immediate threats to public property, or to private property when in the public interest.
CDAA, Section 2925 – Debris Removal. General eligibility:
o Debris removal from publicly and privately-owned lands and waters, undertaken in response to a state of emergency proclamation by the Governor is eligible for State financial assistance; and;
o For purposes of this program, the removal of debris from private property shall be reimbursed only when there is an immediate threat to public health and safety. In a case where reimbursement for debris removal from private property is authorized by the director, the following requirements shall apply, unless waived in part or full by the director:
The property owner must remove all disaster-related debris from the property to the 186
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 58 curb or public ROW, giving the local agency the ROE and absolving the local agency and the State of any liability relative to removal
The local agency must obtain a signed statement from the property owner to the effect that the property owner does not have insurance covering the removal of the disaster-related debris (a sample Right of Entry form can be found in Attachment M)
The local agency must have signed a statement from the property owner o Criteria: Debris removal shall be considered necessary when removal will:
Eliminate immediate threats to life, public health, and safety Eliminate immediate threats of considerable damage to improved public or private property
Be necessary for the permanent repair, restoration, or reconstruction of damaged public facilities
o Examples of Eligible Work
Removing debris such as pieces of destroyed buildings, structures, signs, or broken utility poles
Removing loose or broken sidewalks and driveways
Removing fallen trees
5.1.2 FEMA Public Assistance Program
The FEMA Public Assistance (PA) Grant Program provides assistance to State and local governments and certain private nonprofit (PNP) organizations with resources to quickly respond to and recover from disasters or emergencies declared by the President. FEMA provides supplemental federal disaster grant assistance for debris removal, emergency protective measures and repair, replacement, or restoration of disaster-damaged facilities through the FEMA PA Program. The FEMA PA Program also encourages the protection of these damaged facilities from future events by providing assistance for hazard mitigation measures during the recovery process.
The FEMA PA Program is a cost-sharing program. Cost share refers to the portion of disaster- related costs the federal government is responsible for funding. Per the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), the federal cost share of assistance is not less than 75% of the eligible cost for emergency measures and permanent restoration. The remaining 25% is the responsibility of the State and local governments. The State serves as the grant administrator or the grantee. The grantee determines how the non-federal share is funded.
The Stafford Act constitutes the statutory authority for most federal disaster response activities, especially as they pertain to FEMA and FEMA programs. The Stafford Act was amended by the Sandy Recovery and Improvement Act (SRIA) of 2013. The President signed the SRIA into law in January 2013 to improve and streamline disaster assistance for Hurricane Sandy and for future disasters. As a result of this Act, the Stafford Act was amended, including alternative procedures for the FEMA PA Program. The purpose of the SRIA is to:
Reduce the cost of federal government assistance
Increase the administrative flexibility of the FEMA PA Program Expedite the process of providing and using the assistance 187
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 59 Create incentives for applicants to complete projects in a timely and cost-effective manner The law authorizes several significant changes to the way FEMA may deliver disaster assistance under a variety of programs. This includes the following procedures:
FEMA PA Program alternative procedures
Permanent work alternative procedures
Debris removal work alternative procedures
Hazard mitigation
Dispute resolution
Federal assistance to individuals and households
Unified federal review
Small project threshold review
Essential assistance
Individual assistance factors
Recommendations for reducing costs of future disasters Applicants are responsible for understanding the eligibility requirements and provisions of the Stafford Act and the SRIA. FEMA will make every effort to provide reliable information through field personnel following a disaster. However, it is ultimately the Cities who will be accountable for the accuracy of documentation. Local officials and local managers implementing federal programs must fully understand all applicable local, state, and federal laws and regulations related to disaster assistance programs. The consequence of non-compliance with these provisions is fraud and can result in the following:
Temporarily withhold payment or take more severe enforcement action Disallowance of all or part of the cost of the activity or action not in compliance Wholly or partly suspending or terminating the applicant’s current award Withholding future awards
Taking other remedies that may be legally available
The following provides an overview of the FEMA PA Program process with a flow chart at the end of the section.
Program Process Overview:
Preliminary Damage Assessment
The preliminary damage assessment (PDA) is a joint assessment used to determine the magnitude and impact of an event's damage. A team of representatives from FEMA, the State and the local jurisdiction will visit local sites and view the damage first-hand to assess the scope of damage and estimate repair costs. The State uses the results of the PDA to determine if the situation is beyond the combined capabilities of the State and local resources and to verify the need for supplemental federal assistance. The PDA also identifies any unmet needs that may require immediate attention.
The City will develop a list of projects and set up files for each location of damage, separating Category A (Debris Removal) from Category E (Buildings and Equipment) projects. 188
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 60 Governor’s Request
The Stafford Act requires that: "All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State." The Governor's request is made through the regional FEMA office. State and federal officials conduct a PDA to estimate the extent of the disaster and its impact on individuals and public facilities. This information is included in the Governor's request to show that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the local governments and that federal assistance is necessary. Normally, the PDA is completed prior to the submission of the Governor's request. However, when an obviously severe or catastrophic event occurs, the Governor's request may be submitted prior to the PDA. Nonetheless, the Governor must still make the request.
As part of the request, the Governor must take appropriate action under State law and direct execution of the State's emergency plan. The Governor will provide the following information:
Information on the nature and amount of State and local resources that have been or will be committed to alleviating the results of the disaster.
An estimate of the amount and severity of damage and the impact on the private and public sector.
An estimate of the type and amount of assistance needed under the Stafford Act.
In addition, the Governor will need to certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements.
Disaster Declaration and Initiation of Federal Programs Based on the Governor's request, the President may declare that a major disaster or emergency exists, thus activating an array of federal programs to assist in the response and recovery effort.
Not all programs, however, are activated for every disaster. The determination of which programs are activated is based on the needs found during damage assessment and any subsequent information that may be discovered.
Some declarations will provide only FEMA Individual Assistance or only FEMA PA Program hazard mitigation opportunities are assessed in most situations.
Applicants’ Briefing
The Applicants' Briefing is a meeting conducted by the State to inform prospective applicants of available assistance and eligibility requirements for obtaining federal assistance under the declared event. The meeting is held as soon as practicable following the President's declaration. Attendance is required to receive FEMA PA Program funding.
During the briefing, the State will present the incident period and a description of the declared event. Application procedures, work, and cost eligibility will be reviewed, and the project formulation process will be introduced. The State will also discuss funding options, record keeping and documentation requirements, and special consideration issues. 189
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 61 Typically, applicants will prepare and submit their Requests for FEMA PA form during the briefing.
Request for FEMA PA
The Request for FEMA PA is FEMA's official application form that public and PNP organizations useto apply for disaster assistance. It is a simple, short form with self-contained instructions. "The Request" (FEMA Form 90-49) asks for general information which identifies the applicant, starts the grant process, and opens the Case Management File, which contains general claim information as well as records of meetings, conversations, phone messages and any special issues or concerns that may affect funding. The application includes the City Manager’s signature agreeing to project assurances, a list of projects with estimates, and a resolution granting the City Manager the authority to sign the application.
The request must be submitted to the regional administrator within 30 days after designation of the area where the damage occurred. The form may be delivered in person at the Applicants' Briefing, sent by mail, or faxed.
Kickoff Meeting
The first meeting between the applicant, the State Public Assistance Coordinator (PAC) andState Applicant Liaison is called the kickoff meeting. A kickoff meeting is held with each applicant to assess the applicant's individual needs, discuss disaster-related damage, and set forth a plan of action for repair of the applicant's facilities. The liaison will provide the State specific details on documentation and reporting requirements. Both the PAC and Liaison help in identifying special considerations.
Project Formulation and Cost Estimating
Project formulation is the process of documenting the damage to a facility, identifying the eligible scope of work, and estimating the costs associated with that scope of work for each of the applicant's projects.
Project formulation allows applicants to administratively consolidate multiple work items into single projects in order to expedite approval and funding, and to facilitate project management. A project is a logical method of performing work required as a result of the declared event. More than one damage site may be included in a project.
Project information is collected in a form called a Project Worksheet (PW), which is used to document the disaster damage and develop the scope of work for repair.
Project Review and Validation
The purpose of validation is to confirm the eligibility, compliance, accuracy, and reasonableness of small projects formulated by an applicant, and to ensure that the applicant receives the maximum amount of assistance available under the law.
The validation process reviews approximately 20% of the small projects formulated by the applicant. This 20% sampling applies to all small projects, including emergency work, permanent work, and small projects with special considerations. All aspects of the projects are reviewed including the sites, estimating methods, and documentation related to the project. 190
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 62 The process of approval, as outlined above, begins with the PAC's review of PWs for completeness. Once the PWs are reviewed and processed through validation and special considerations review as appropriate, the PWs are ready for approval and funding.
The PAC has the authority to approve projects up to $100,000. Therefore, any project below this threshold will be approved by the PAC and forwarded for funding. Projects over this threshold will be forwarded by the PAC to the FEMA Public Assistance Officer (PAO) with a recommendation for approval. Once the PAO has approved the PW, it will then be forwarded for funding.
Obligation of Federal Funds and Disbursement to Subgrantees FEMA and the grantee share responsibility for making FEMA PA Program funds available to the subgrantees. FEMA is responsible for approving projects and making the federal share of the approved amount available to the grantee through a process called obligation.
Through obligation, FEMA notifies the grantee that the federal funds are available but reside in a federal account until the grantee is ready to award grants to the appropriate subgrantees. The grantee is responsible for providing the grantee portion of the non-federal share of the grant amount and for notifying the subgrantee that funds are available.
Payment for small projects is made on the basis of the estimate prepared at the time of project approval. The grantee is required to make payment of the federal share to the subgrantee as soon as practicable after FEMA has obligated the funds.
Large projects are funded on documented actual costs. Because of the nature of most large projects, work typically is not complete at the time of project approval; therefore, FEMA will obligate grants based on an estimated cost. Such monies may not be immediately drawn down by the grantee.
Instead, progress payments are made to the applicant as actual costs are documented.
Upon completion of a large project, an applicant must submit documentation to account for all incurred costs to the grantee. The grantee is responsible for ensuring that all incurred costs are associated with the approved scope of work and for certifying that work has been completed in accordance with FEMA standards and policies. The grantee then submits documentation of project costs to FEMA for review. FEMA may conduct a final inspection as part of this review. Once the review is complete, FEMA determines whether funds should be obligated or de-obligated for the project.
Appeals and Close-out
The appeals process is the opportunity for applicants to request the reconsideration of decisions regarding the provision of assistance. There are two levels of appeal. The first level appeal is to the FEMA Regional Director. The second level appeal is to the Assistant Director at FEMA Headquarters. The applicant must file an appeal with the grantee within 60 days of receipt of a notice of the action that is being appealed. The applicant must provide documentation to support the appeal. This documentation should explain why the applicant believes the original determination is wrong and the amount of adjustment being requested.
The purpose of close-out is to certify that all recovery work has been completed, appeals have been 191
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 63 resolved, and all eligible costs have been reimbursed. Close-out is an important last step in the FEMA PA Program process. This step can take months or years to complete. It is important to keep well- organized records and documentation throughout the close-out process.
Retention of Public Records
Documents must be maintained 3 years after closeout of each project worksheet in accordance with the FEMA Public Assistance Program and Policy Guide.
FEMA PA Program Implementation Process
The following flow diagram provides a graphical representation of the FEMA PA Grant Program.
Figure 5: FEMA PA Program Implementation Process
5.1.3 Public Assistance Program Alternative Procedures
The Stafford Act constitutes the statutory authority for most federal disaster response activities, especially as they pertain to FEMA and FEMA programs.
SRIA authorizes several significant changes to the way FEMA may deliver disaster assistance under a variety of programs. This includes the following procedures:
FEMA PA alternative procedures
Permanent work alternative procedures
Debris removal work alternative procedures
Hazard mitigation
Dispute resolution
Federal assistance to individuals and households
Unified federal review
192
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 64 Small project threshold review
Essential assistance
Individual assistance factors
Recommendations for reducing costs of future disasters
5.1.4 Other Funding Options
Public entities may be eligible for other federal assistance programs for disaster debris management including:
Federal Highway Administration Emergency Relief Program Natural Resources Conservation Commission Emergency Watershed Protection Program U.S. Department of Agriculture Farm Services Agency Emergency Programs Each disaster assistance program has different documentation requirements.
5.2 Documentation
Accurate and complete cost tracking is critical to obtain assistance for disaster-related costs.
Emergency protective measures can be eligible for reimbursement. If the incident allows for warning, public entities should begin tracking costs once the threat has been identified. If there is no warning, public entities should begin tracking costs as soon as possible. Accounting best practices for tracking costs includes the following:
Identify a person that will be responsible for compiling disaster-related costs for the jurisdiction.
Establish a cost code for disaster-related costs ahead of time. Establish a file structure for each site where recovery work has been or will be performed. Maintain accurate disbursement and accounting records to document the work performed and the cost incurred.
Obtain and review applicable local, state, and federal policies and regulations. Document administrative costs.
Begin compiling recovery project documentation, including:
Executed contracts, bids, periods of performance, and locations worked Property insurance
Donated resources (labor, equipment, and materials)
Mutual aid – Mutual aid agreements must be in place before the disaster Force account labor
Force account equipment
Equipment rental agreements
Fuel logs
Materials including meals and gas purchases
Description of damage
Scope of work to be completed
Photos of damage
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 65 Copies of estimates
Maintenance records
Site inspection records
Coordinate with State and federal agencies to obtain disaster-specific cost tracking spreadsheets and templates.
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 66 6. Public Information Plan
After a disaster, residents and businesses need information regarding recovery operations. The Cities must establish an effective public information strategy to provide accurate and timely messaging so community members can plan their own debris related activities. Communications should be rapidly implemented to avoid misinformation and rumors that may erode confidence in the Cities’ management of the recovery operations.
Public information following a disaster will be a coordinated effort in accordance with the principles of the NIMS. Public information messages will be coordinated by the designated Public Information Officer (PIO), who will serve as the primary point of contact between the Public Works DOC, EOC, the media and the public. The PIO will coordinate public information messages within the City departments as well as with other affected jurisdictions to ensure an accurate, consistent, and timely message is communicated to target populations. This collaborative effort could involve the establishment of a Joint Information System (JIS) as required.
The PIO will lead efforts to verify information, monitor media reports as well as social media regarding debris management operations. The PIO will also coordinate the development and dissemination of messages with the designated Incident Commander for debris management operations. This section describes the type of information that needs to be communicated to the public related to debris operations. A template providing sample messages for each phase of debris management operations can be found in Attachment J of this plan.
6.1 Messaging:
To the extent possible, the pre-scripted public service announcements, press releases, and handbills/door hangers found in Attachment J will be modified and used to convey key information to the public about debris collection efforts. This will eliminate (or greatly reduce) the need to develop materials from scratch when time pressures are at their greatest.
Early and frequent release of information regarding collection methods, hours of operation, locations of facilities, allowable debris, debris separation requirements, etc. will help ensure greater public cooperation in debris management activities. The public information materials will be disseminated in accordance with the methods identified in the incident-specific public information plan for the debris management operation. The City PIOs will work with Debris Management Group Supervisor to deliver a plan for the development and dissemination of all public information materials.
Information to be Included:
The information should include the clear directions for collection of debris streams, including schedules, sorting requirements, and environmental and health concerns. Staff responsible for developing and writing the information must present the information in a clear, direct, and organized manner. Language should be simple and easy for residents to understand. Information 195
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 67 must be distributed in all community languages for non-English-speaking populations and neighborhoods.
Debris Collection Process:
How will the debris be collected?
If ROW/curbside collection is used, residents need to fully understand debris stream separation and removal requirements. They will want to remove debris quickly and will use their normal municipal solid waste procedures for debris handling unless directed otherwise. Communication with the public early and often on proper set out procedures is critical. These procedures might be different for types of debris depending on the locations type of equipment used for ROW collection.
Make sure residents understand the procedures in their area to avoid having to duplicate segregation and removal efforts.
Will applicant employees or a contractor collect the debris? What are the schedules and the routes for collection? What is the final collection date for streets, sectors, or subdivisions? What type of debris will be collected?
If collection centers or debris management sites (DMS) are used, resident require the following information:
Where are the collection centers/DMS? Where can a resident find a site map for public debris drop off of HHW?
What are the daily collection center/DMS hours?
Is debris to be segregated at the collection centers/DMS? What types of debris will be accepted at the centers/DMS? How long will the collection centers/DMS accept disaster-related debris? Will residents be charged a fee for use?
Will residents be restricted as to how much disaster-related debris can be dropped off? How long will residents be able to bring their disaster-related debris to the DMS?
6.2 Distribution Strategy
The public information strategy should include its methods to disseminate the prepared information to the general public. This can be accomplished in a number of ways. The following are suggested vehicles for distributing the information:
Media – Local television, radio, newspapers
Print Media – Community newsletters, debris information flyers in public buildings such as community centers and City Hall, door hangers
Internet – City and waste collection vendor web sites Social Media – Facebook, Twitter, Instagram accounts
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 68 Public Forums – Interactive meetings at town halls, Community Emergency Response Teams (CERT)
Direct Mail Products – Direct mail, fact sheets
Public information staff must take advantage of all messaging methods available, particularly if power, utilities, and other infrastructure have been damaged. First responders in the field are often the easiest source of information. The general public recognizes their role and frequently asks questions regarding the recovery operations. Stocking law enforcement and fire vehicles with debris operations information flyers, pamphlets, and other print media allow responders to easily meet the public’s need for information without disrupting response operations.
Debris Information Center:
The Cities may establish a temporary debris information center to address concerns and complaints, and answer questions that may not be included in the public information. The platform for a debris information center may be a table or booth at City Hall, a telephone hotline, or an interactive internet site. Feedback from the information center provided management staff an indication of how effective and efficient the operations are progressing and to adjust operations appropriately.
The debris information center may also be utilized to report fraud. Disaster victims have little tolerance of being taken advantage of during an already trying time. Unfortunately, fraud often increases after a disaster. The ability to report fraud and crime supports the communities’ feelings of safety and well-being when public safety agency resources are heavily committed.
6.3 Health and Safety Public Information
Disaster-related accidents and deaths are frequently attributed to mishandling of debris and debris equipment by residents. It is critical that PIOs provide consistent messaging on health and safety when handling debris. Sample health and safety public information messages are provided in Attachment J.
Lead in Damaged Materials or Debris
Homes built before 1978 are likely to contain lead-based paint, which may flake after being soaked by floodwater. Lead is a toxic metal that causes many negative health effects, especially in children. Disturbing materials containing lead-based paint may release lead dust into the air.
The public will be encouraged to seek help from public health authorities or specially trained contractors if they suspect that debris in their home is contaminated with such paint.
Contaminant Sediment
The sediment left behind by receding floodwater often contains a wide variety of pollutants. They can include fuel oils, gasoline, human and animal waste, metals, and other material. Individuals will be encouraged to avoid contact with sediment. The public will be advised to wash any exposed skin with soap and water and change into clean clothing if they do encounter contaminated sediment.
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 69 Asbestos in Debris
Pipes, insulation, ceiling tiles, exterior siding, roof shingles, and sprayed-on soundproofing in older structures may contain asbestos. The public will be advised to contact health authorities if they suspect their home contains asbestos or ACM will be disturbed during cleanup.
HHW
The public will be encouraged to be alert for leaking containers and household chemicals, such as caustic drain cleaners and chlorine bleach when returning to flood-damaged homes and buildings. The public will also be warned to keep children and pets away from leaking or spilled chemicals; not to combine chemicals to avoid dangerous or violent reactions; not to dump chemicals down storm sewers, drains, or toilets; and to mark and set aside unbroken containers until they can be properly disposed of.
Use of Chainsaw to Clear Debris
Over 35,000 people are injured by chainsaws yearly in the United States. The public should be cautioned to understand how to use the equipment and follow the instructions while using these tools for debris operations.
Read your owner’s manual.
Wear proper safety gear, including eye and hearing protection, heavy work gloves, and work boots.
Check controls, chain tension, and all bolts and handles to ensure they are functioning properly.
Fuel your saw at least 10 feet from sources of ignition. Clear debris that may interfere with cutting.
Keep hands on the handles, and secure footing.
Do not cut directly overhead or overreach with the saw. Be prepared for kickback.
The public will be encouraged to make sure someone is nearby to help in case of an emergency and to understand that emergency responders are addressing issues related to the disaster, so response times might be delayed.
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 70 7. Plan Maintenance
For this plan to maintain viability, the document should be updated routinely and personnel should be trained on the content prior to a disaster. This section provides guidance on maintaining this plan so it is current and relevant. FEMA updates debris operations program guidance throughout the year based on lessons learned from recent disasters. It is important for this plan to include the most current program guidance.
7.1 Review and Revised Plan Approval
The City Manager’s Office will facilitate a review of the Debris Plan on an annual basis. The plan will be updated based on organizational changes, new policies and guidance, and lessons learned from actual debris events. Changes made to the plan will be noted on the Record of Changes as needed. Major changes will be presented to the Disaster Council for review and approval.
7.2 FEMA Debris Plan Approval
FEMA currently provides incentives to public entities for having an approved disaster debris management plan. The Debris Plan describes how the Cities will conduct debris operations within their jurisdictions and follows the guidance in FEMA Public Assistance Alternative Procedures Debris Management Plan Job Aid. This plan will be submitted to the State for review. The State will submit the Debris Plan to FEMA for review and approval.
7.3 Training
City staff must be trained on debris policies and procedures to maintain a viable plan. The Cities are responsible for maintaining a multi-year training and exercise program. This program should include debris operations training and exercises. The following list provides recommendations for debris operations training.
General
Public entities should train new personnel in their specific job duties related to debris operations
Personnel with response responsibilities must maintain competence in SEMS as prescribed in Government Code §8607(c).
Personnel operating equipment must be trained to operate any equipment they are responsible for competently and safely.
Personnel performing debris monitoring tasks will be trained by the public entity or a qualified designee.
Personnel with responsibility for preparing documentation for reimbursement will receive training on the FEMA Public Assistance Program.
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 71 All personnel involved in response to a debris-generating incident will participate in a briefing on safety policies and procedures.
Debris Managers
Debris managers should be trained in the regulatory requirements for debris operations, including:
Health and safety
Environmental and historical preservation
Procurement
Federal disaster grant programs
Considerations for individuals with disabilities and access and functional needs Damage assessment for debris
FEMA provides additional training related to debris operations that can be found at the following links:
Classroom Training
E202 Debris Management Planning for State, Tribal and Local Officials http://training.fema.gov/emicourses/crsdetail.aspx?cid=E202&ctype=R Independent Study Courses
IS-623.A: An Introduction to Debris Operations
https://training.fema.gov/is/courseoverview.aspx?code=IS-632.a IS-1005: Public Assistance Alternatives Procedures
https://training.fema.gov/IS/courseOverview.aspx?code=IS-1005 IS-556: Damage Assessment for Public Works
https://training.fema.gov/is/courseoverview.aspx?code=IS-556 IS 559: Local Damage Assessments
https://training.fema.gov/is/courseoverview.aspx?code=IS-559 IS-558: Public Works & Disaster Recovery
https://training.fema.gov/is/courseoverview.aspx?code=IS-558 IS-5.a: An Introduction to Hazardous Materials
https://training.fema.gov/is/courseoverview.aspx?code=IS-5.a Finance and Administration
Finance and administrative staff should be trained in regulatory requirements for debris operations, including:
Procurement
Federal disaster grant programs
Documentation
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 72 7.4 Exercises
Exercises are essential to maintaining readiness and in determining the effectiveness of plans, personnel, and resources in responding to a debris-generating event. Workshops and exercises will be conducted periodically to test the ability of the Cities to coordinate resources for debris operations.
Following exercises, an after-action report will be developed to document strengths and areas needing improvement. An improvement plan will be developed to list corrective actions, identify individuals or agencies responsible for completing the corrective actions, and indicate a timeline for completion.
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 73 Appendices
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 74 Appendix A: Acronyms and Glossary
Acronyms
ACGIH American Conference of Governmental Industrial Hygienists ACM Asbestos-Containing Materials
BAAQMD Bay Area Air Quality Management District
C&D Construction and Demolition
CAC Certified Asbestos Consultant
Cal OES California Governor’s Office of Emergency Services Cal/OSHA California Division of Occupational Safety and Health CCR California Code of Regulations
CDAA California Disaster Assistance Act
CEQA California Environmental Quality Act
CERT Community Emergency Response Team
CIH Certified Industrial Hygienist
CY Cubic Yard
DDMP Disaster Debris Management Plan
DDPT Disaster Debris Planning Team
DMS Debris Management Site
DOC Department Operations Center
DOSH (California) Division of Occupational Safety and Health DTSC (California) Department of Toxic Substances
EMAC Emergency Management Assistance Compact
EOC Emergency Operations Center
EPA US Environmental Protection Agency
ESF Emergency Support Function
FBI Federal Bureau of Investigation
FEMA Federal Emergency Management Agency
GIS Geographic Information System
GPS Global Positioning System
HASP Health and Safety Plan
HAZMAT Hazardous material
HHA Hold Harmless Agreements
HHW Household Hazardous Waste
HSC California Health & Safety Code
ICS Incident Command System
JFO Joint Field Office
JIS Joint Information System
km Kilometer
LEA Local Enforcement Agency
MCEF Mixed Cellulose Ester Filters
NESHAP National Emission Standards for Hazardous Air Pollutants NHPA National Historic Preservation Act
NIMS National Incident Management System
NIOSH National Institute for Occupational Safety and Health Non-RACM Non-Regulated Asbestos-Containing Material
OA Operational Area
OAEOC Operational Area Emergency Operations Center
PA Public Assistance
PAC Public Assistance Coordinator
PAO Public Assistance Officer
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 75 PDA Preliminary Damage Assessment
PDAT Procurement Disaster Assistance Team
PIO Public Information Officer
PNP Private Nonprofit
PPE Personal Protective Equipment
PW Project Worksheet
RCRA Resource Conservation and Recovery Act
RFQ Request for Qualifications
ROE Right-of-Entry
ROW Right-of-Way
SEMS Standardized Emergency Management System
SHPO State Historic Preservation Officer
SRIA Sandy Recovery and Improvement Act
T&M Time and Materials
TDMS Temporary Debris Management Site
TEM Transmission Electron Microscopy
THPO Tribal Historic Preservation Officer
USGS U.S. Geographical Survey
WMD Weapons of Mass Destruction
Glossary
Chipping or Mulching The process of reducing woody material, such as lumber and vegetative debris, by mechanical means into small pieces to be used as mulch or fuel. Woody debris can be reduced in volume by approximately 75 percent, based on data obtained during reduction operations. The terms “chipping” and “mulching” are often used interchangeably.
Construction & Demolition
Debris (C&D)
The definition of construction and demolition debris may vary between States. Construction and demolition debris can be defined as damaged components of buildings and structures such as lumber and wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and floor coverings, window coverings, pipe, concrete, fully cured asphalt, equipment, furnishings, and fixtures.
Debris Items and materials broken, destroyed, or displaced by a natural or man-made Federally declared disaster. Examples of debris include, but are not limited to, trees, construction and demolition material, and personal property.
Debris Clearance Clearing roads by pushing debris to the roadside to accommodate emergency traffic.
Debris Management Site (DMS) A location where debris is sorted, processed, reduced in volume, and/or disposed of (if debris management activities take place at a permanent disposal site).
Debris Monitoring Actions taken by applicants in order to document eligible quantities and reasonable expenses during debris activities to ensure that the work complies with the contract scope-of-work and/or is eligible for Public Assistance grant reimbursement.
Debris Removal Picking up debris and taking it to a debris management site, composting facility, recycling facility, permanent landfill, or other reuse or end-use facility.
Demolition The act or process of reducing a structure, as defined by State or local code, to a collapsed state. It contrasts with deconstruction, which is the taking down of a building while carefully preserving valuable elements for reuse.
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 76 Garbage Waste that is regularly picked up by an applicant. Common examples of garbage are food, packaging, plastics, and papers.
Hazardous Waste Waste with properties that make it potentially harmful to human health or the environment. Hazardous waste is regulated under the Resource Conservation and Recovery Act (RCRA). In regulatory terms, a RCRA hazardous waste is a waste that appears on one of the four hazardous wastes lists or exhibits at least one of the following four characteristics: ignitability, corrosivity, reactivity, or toxicity.
Hold Harmless Generally, a contractual arrangement whereby one party agrees to hold the other party without responsibility for damage or other liability incurred as a result of a particular action or transaction.
Household Hazardous Waste
(HHW)
Used or leftover contents of consumer products that contain chemicals defined in regulatory terms under the Resource Conservation and Recovery Act as appearing on one of the four hazardous waste lists or exhibiting one of the following characteristics: ignitability, corrosivity, reactivity, or toxicity. Examples of household hazardous waste include small quantities of normal household cleaning and maintenance products, latex and oil-based paint, cleaning solvents, gasoline, oils, swimming pool chemicals, pesticides, and propane gas cylinders.
Legal Responsibility In the context of debris management, a statute, formally adopted legal code, or ordinance that gives local government officials responsibility to perform work on public and/or private property.
Mutual Aid Agreement A written understanding between communities and States obligating assistance during a disaster. See FEMA RP9523.6, Mutual Aid Agreements for Public Assistance and Fire Management Assistance.
National Response Plan (NRP) A plan developed to facilitate the delivery of all types of Federal assistance to States following a disaster. It outlines the planning assumptions, policies, concept of operations, organizational structures, and specific assignments and agencies involved in Federal assistance to supplement State, tribal, and local efforts.
Piggyback Contract Term used to describe a type of goods or services procurement. A piggyback contract is a contract let by a government entity which is adopted and extended for use by another government entity.
Recycling Activities by which discarded materials are collected, sorted, processed, and converted into raw materials and are then used in the production of new products.
Right of Entry As used by FEMA, the document by which a property owner confers to an eligible applicant or its contractor or the United States Army Corps of Engineers the right to enter onto private property for a specific purpose without committing trespass.
Right-of-Way The portions of land over which facilities such as highways, railroads, or power lines are built. It includes land on both sides of the facility up to the private property line.
United States Army Corps of
Engineers (USACE)
A component of the United States Army responsible for constructing and maintaining military installations and other government owned and controlled facilities. The USACE may be used by FEMA when direct Federal assistance, issued through a mission assignment, is needed.
White Goods White goods are defined as discarded household appliances such as refrigerators, freezers, air conditioners, heat pumps, ovens, ranges, washing machines, clothes dryers, and water heaters.
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 77 Appendix B: List of Pre-Qualified Contractors
The City of Dublin and Pleasanton will identify and maintain a list of potential debris monitoring and debris removal contractors.
Table B-1: Debris Monitoring Firms
Company Contact Information
Table B-2: Pre-Qualified Debris Removal Contractors
Company Contact Information
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 78 Appendix C: Load Tickets
Monitors will be responsible for initiating Debris Load Tickets at Contractor debris loading sites and estimating and recording the type and quantity of debris, in cubic yards, of Contractor vehicles entering the temporary TDMS sites on Debris Load Tickets. The debris loading site monitors will complete Section 1 of the load ticket. The monitor will keep one copy and give the remaining copies to the truck driver. The monitor’s copy will be turned into the Debris Manager or designated representative on a daily basis.
The TDMS site monitors will record the estimated quantity, in cubic yards, on Section 2 of the load ticket. The monitor will keep one copy and give the remaining copies to the truck driver. The monitor’s copy will be turned into the Debris Manager or designated representative on a daily basis. Monitors will be located at the entrance to the TDMS site where the inspection tower is located. They will be responsible for estimating and recording the cubic yards of debris in Section 2 of the Load Ticket for all incoming Contractor’s debris hauling vehicles. A copy of the Debris Load Ticket is shown on the following page.
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 79 CITY OF ____________ LOAD TICKET No. 000001 Section 1
Prime Contractor: _____________________ Date:_______________ Subcontractor (Hauler):______________ Departure Time:______ Driver: ____________________ Truck:______________ Plate No.:__________________
Measured Bed Capacity (cu. yds.):____________
Debris Pickup Site Location: (must be a street address) Debris Type: □ Vegetation □ Construction & Demolition □ Mixed □ Other:
Loading Site Monitor: Print Name:__________________
Signature:
Remarks:
Section 2
Debris Disposal Site Location:
Estimate Debris Quantity: cu. yds._____________ Arrival Time:_________ Disposal Site Monitor: Print Name:___________________
Signature:
Remarks:
Copies: White – Load Site Monitor Green – Disposal Site Monitor Canary, Pink, Gold – Onsite Contractor’s Representative or Driver 208
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 80 Completing the Load Tickets
The disposal site monitor will be stationed in the inspection tower and make an estimate of the quantity of debris contained in the truck or trailer in cubic yards. Each truck or trailer will have the measured hauling capacity in cubic yards recorded on the side of the truck or trailer. That number should be validated with the quantity stated in Section 1. The disposal site monitor will indicate the name and the arrival time of the truck and indicate the type of debris in the truck.
The disposal site monitor will record the estimated volume, in cubic yards, on the load ticket in the Estimated Debris Quantity block of material contained within the bed of the truck or trailer.
The monitor will print and sign his/her name in the designated block. The disposal site monitor will retain one copy of the load ticket and give the remaining copies to the truck driver. The disposal site monitor’s copy will be turned into the City Debris Manager or his representative at the end of each day. These are controlled forms and cannot be lost since they will be used to verify the amount of money paid to the Debris reduction site Contractor and to the debris hauling Contractor. 209
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 81 Attachments
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 82 Attachment A: City Debris Management Equipment
The Cities own or have access to the following equipment which may be used for debris management operations:
Dublin:
City Owned
Type of Equipment Quantity
Forklift 1
Scissor Lift 1
Tractor Trailer 1
NG Fired Pressure Washer 1
Fire Pump Test & Training Unit 1
Gators 3
Tractor 1
Baseball Field Groomer 1
Backhoe 1
MCE (Corp Yard) Owned
Type of Equipment Quantity
Trucks 16
Flatbeds 4 yds 4
Cargo Vans 2
Skip Loader 1
Message Boards 2
Arrow Boards 2
Water Buffalo 1
Enclosed Trailer 16' 2
Open Trailer 12' 8
Mower 8
Generator 2
Pressure Washer 2
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 83 MCE (Construction Branch) Owned
Equipment
Description
Equipment
Type Make Model Year
AC612 Airman Air Compressor Air
Compressor
Airman PDS85S 2005
AC613 Airman Air Compressor Air
Compressor
Airman PDS185S 2005
AC614 Airman Air Compressor Air
Compressor
Airman PDS185S 2005
AC615 Ingersoll Rand Air Compressor Air
Compressor
Ingrsl Rnd Prt Air Co 2006
AC616 Ingersoll Rand Air Compressor Air
Compressor
Ingrsl Rnd Prt Air Co 2006
BH419 2007 Caterpillar 420-E
Backhoe
Backhoe Caterpillar 420-E CAT 2007
BH420 2005 Caterpillar 420D
Backhoe
Backhoe Caterpillar 420D 2005
BH421 2015 Caterpillar 420F2 Backhoe Caterpillar 420F2 2015 BH422 2015 Caterpillar 420F2 Backhoe Caterpillar 420F2 2015 CM803 Peterbilt '02 357 Cement Mixer Cement Mixer Peterbilt 357 Cem Mx 2002 CM804 Peterbilt '02 357 Cement Mixer Cement Mixer Peterbilt 357 Cem Mx 2002 CM805 2014 Kenworth W900Cement
Mixer
Cement Mixer Kenworth W900 2014
DU855 2014 Kenworth 3Axle Dump
Truck
Dump Truck Kenworth T800 2014
DU856 2014 Kenworth 3Axle Dump
Truck
Dump Truck Kenworth T800 2014
DU857 2001 Sterling 9500 Dump
Truck
Dump Truck Sterling 9500 2001
DU858 2016 Int'l Durastar 4300 Dump Truck Int'l Durs 4300 2016 DU859 2016 Int'l Durastar 4300 Dump Truck Int'd Durs 4300 2016 DU860 2016 Int'l Durastar 4300 Dump Truck Int'l Durs 4300 2016 DU861 2016 Int'l Durastar 4300 Dump Truck International 4300 2016 DU862 2017 Kenworth T-800 Dump Truck Kenworth T-800 2017 FB294 2001 Ford F350 Flatbed Dump Flatbed Truck Ford F350 2001 FB393 Ford 2007 F-450 4x2 Flatbed Truck FORD F-450 4X2 2007 LS405 BOBCAT S130 Loader Scraper BOBCAT S130 2007
LS406 Bobcat Loader S130 2010 Loader Scraper Bobcat S130 2010 LS407 Bobcat Loader S160 2010 Loader Scraper Bobcat S160 2010 LS408 Bobcat Loader S175 2010 Loader Scraper Bobcat S175 2010 LS409 Bobcat Loader S185 2010 Loader Scraper Bobcat S185 2010 212
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 84 RO516 Bomag BW135 AD Roller
2004
Roller Bomag BW135AD 2004
RO517 Bomag BW120 AD-4 Roller Roller Bomag AD-4 Rollr 2006 RO519 Bomag BW120AD-4 Roller
2006
Roller BOMAG BW120AD-4 2006
RO522 2017 Caterpillar 47-inch
CB24B
Roller Caterpillar CB24B 2017
RO523 Bomag BW120AD-5 Roller Roller Bomag BW120AD-5 2017 RO524 Bomag BW120AD-5 Tandem
Drum
Roller Bomag BW120AD-5 2017
SA195 MECO M-40 Concrete Saw Saws MECO M-40 FI-2G 1997
SA196 MECO M-65 1997 Concrete
Saw
Saws MECO M-65 1997
SA198 MECO Concrete Saw Saws MECO M-42WC1-04 2005
SA199 Concrete Saw Husqvarna M-
44HP
Saws Husqvarna M44-HP 2012
SA203 MK Diamond Saw Saws MK Diamond MK 4036HY 2015
SA208 Merit 44HP Kubota Saw Saws Merit Kubota 2015
SA212 Husqvarna Concrete Saw 14" Saws Hsqr FS309 FS309 2016 SA213 Merit 44HP Kubota Diesel Saw Saws Kubota Merit 44HP 2016 TR667 Zieman Tilt Bed Trailer Trailer Zieman 2320A 1999 TR674 Big Tex Trailer - 12eq - 14 ft Trailer Big Tex 12eq-14 2006 TR675 Big Tex Trailer - Eq-12 - 14ft Trailer Big Tex 12E-12 -14 2006 TR676 Big Tex Trailer 12Eq-18 - 18ft Trailer Big Tex 12EQ-18 2006 TR679 Carson RC081 Util. Trailer Trailer Carson RC081 Trlr 2006 TR683 KAUFMEN2009 MODEL D
TRAILER
Trailer KAUFMEN MODEL D 2009
TR686 2010 Trail King TK-40 Trailer Trailer Trail King TK-40 2010 TR693 2014 Trailking TKT40LP
Trailer
Trailer Trailking TKT40LP 2014
TR696 2007 Tow Master T-12T Trailer Tow Master T-12T 2007 TR699 PJ Trailer Flatbed Trailer PJTRL Varied 2009
TR702 Best TB82x16
TiltbedTandemAxle
Trailer Best TB82x16 2016
TR703 Best TB82x16
TiltbedTandemAxle
Trailer Best TB82x16 2016
TR706 2001 Inter Trailer Trailer Inter Flat bed 2001
TR709 2017 Interstate Trailer Trailer Interstate Flat bed 2017 213
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 85 Pleasanton:
City Owned
Type of Equipment Quantity
Large dump trucks 26k GVWR
- 55k GVWR 9
Large equipment hauling
trailers 40k GVWR- 70k GVWR 2
Construction backhoes - 7
Small bucket tractors 40 hp 3
Flatbed trailers under 10k
GVWR 7
Bucket trucks 2
Small dump trucks 10k GVWR -
17.5k GVWR 7
Sweeper 1
Large mowers 3
Small mower 12
Large generators portable
trailered 2
Arrow boards 6
Pickup trucks 1/2 and 3/4 ton - 48
Chain saws
Small generators
214
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 86 Attachment B: Debris Management Position Job Aids
Debris Management Group Supervisor
Position Description: The Debris Management Group Supervisor oversees disaster debris management operations in accordance with the Disaster Debris Management Plan as well as local, regional, state and federal regulations
Reports To: Public Works Department Operations Center
Responsibilities:
Establish the Incident Command Structure for debris management operations. Coordinate with Procurement/Purchasing to activate contractors for debris clearing and debris monitoring services.
Establish priorities for debris management operations. Approve the Incident Action Plan.
Collaborate with Federal, State and other agency representatives. Provide updates to the Public Works Department Operations Center regarding debris management operations.
Review and approve public information messages regarding debris operations. Coordinate with the Public Works Department Operations Center and Finance in the tracking of debris management costs.
Coordinate the demobilization of debris management operations. 215
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 87 Street Clearing Task Force Leader
Position Description: The Street Clearing Task Force Leader oversees street clearing operations immediately following a disaster to ensure emergency vehicles and utility restoration crews can access and traverse roads in conducting emergency response operations.
Reports To: Debris Management Group Supervisor
Responsibilities:
Stage and ready resources immediately prior to an expected incident to ensure they will be fueled and ready to activate in the event they are needed to clear debris off jurisdiction streets.
Oversee street clearing immediately following a debris generating incident. Coordinate force account and contract resources to clear streets of debris in accordance with established objectives and priorities.
Track the progress of street clearing operations.
Provide regular updates to the Debris Management Group Supervisor regarding the status of operations.
Coordinate with the designated Safety Coordinator to ensure street clearing operations are conducted in a safe manner.
Ensure all hours, expenses and equipment use is accurately documented. 216
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 88 Debris Collection and Disposal Task Force Leader
Position Description: The Debris Collection and Disposal Task Force Leader oversees debris collection and disposal operations.
Reports To: Debris Management Group Supervisor
Responsibilities:
Coordinate with force account and contract resources to stage and ready resources immediately prior to an expected incident to ensure they will be ready to activate in the event they are needed to collect debris.
Coordinate with the Debris Monitoring Contractor to conduct truck certifications. Coordinate force account and contract resources to conduct debris collection operations in accordance with established objectives and priorities. Coordinate with the Debris Monitoring Contractor to conduct collection, DMS and disposal site monitoring.
Activate DMSs as needed in coordination with coordination with relevant departments and agencies.
Coordinate with the Environmental Health Task Force Leader to conduct soil sampling at DMS locations prior to and after closure of DMS.
Coordinate with force account labor and contractors to ensure debris is recycled or disposed of in accordance with regulatory guidelines.
Coordinate force account/contract resources to conduct special debris operations including dangerous trees, privately owned vehicles and vessels, waterway debris removal, parks debris removal, and private property debris removal in accordance with FEMA authorization and guidelines.
Track the progress of debris collection, recycling and disposal in coordination with the Debris Monitoring contractor.
Provide regular updates to the Debris Management Group Supervisor regarding the status of operations.
Coordinate with the Safety Coordinator to ensure debris collection and disposal operations are conducted in a safe manner.
Ensure all hours, expenses and equipment use is accurately documented. 217
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 89 Environmental Health Task Force Leader
Position Description: The Environmental Health Task Force Leader monitors the impacts of debris operations and liaises with regional, State and Federal environmental agency representatives.
Reports To: Debris Management Group Supervisor
Responsibilities:
Liaise with regional, State and Federal environmental agencies and contractors to monitor the environmental impacts of debris management operations including air, soil and asbestos monitoring.
Coordinate with the Debris Collection and Disposal Branch Director, or designee, to conduct soil sampling at DMS locations prior to and after closure of DMS. Track the progress of environmental monitoring and testing operations and document results.
Provide regular updates to the Debris Management Group Supervisor regarding the status of environmental monitoring operations.
Coordinate with the designated Safety Coordinator to ensure environmental monitoring operations are conducted in a safe manner.
Ensure all hours, expenses and equipment use is accurately documented. 218
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 90 Debris Clearing Teams
Position Description: The Debris Clearing Teams conduct street clearing immediately following a disaster to ensure emergency vehicles and utility restoration crews can access and traverse roads in conducting emergency response operations.
Reports To: Street Clearing Task Force Leader
Responsibilities:
Coordinate through the Street Clearing Task Force Leader to divide into teams and clear streets of debris in accordance with established objectives and priorities. Report any hazardous conditions such as downed power lines, hazardous materials spills, natural gas leaks to the proper authorities as well as the Street Clearing Task Force Leader.
Track the progress of the Debris Clearance Team in street clearing operations. Provide updates as required to the Street Clearing Task Force Leader regarding the status and progress of the Task Force.
Obey the health and safety policy and follow health and safety guidance in conducting street clearing operations.
Ensure all hours, expenses and equipment use is accurately documented.
Debris Removal Teams
Position Description: The Debris Removal Teams conduct debris collection and disposal operations.
Reports To: Debris Collection and Disposal Task Force Leader Responsibilities:
Coordinate through the Debris Collection and Disposal Task Force Leader to divide into teams consisting of debris removal and debris monitors to collect debris and deliver it the appropriate location for reduction, recycling or disposal. Report any hazardous conditions such as downed power lines, hazardous materials spills, natural gas leaks to the proper authorities as well as the Debris Collection and Disposal Task Force Leader.
Provide updates as required to the Debris Collection and Disposal Task Force Leader regarding the status and progress of the Debris Removal Team. Obey the health and safety policy and follow health and safety guidance in conducting debris removal, reduction, and disposal operations.
Ensure all hours, expenses and equipment use is accurately documented. 219
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 91 Attachment C: Debris Contracting Guidance
(From FEMA Public Assistance Program and Policy Guide V4 (PAPPG)) Procurement and Contracting Requirements for Tribal and Local Government Agencies and Private Nonprofits
Tribal and local governments, including Tribal Recipients, and PNPs must comply with:
Their own documented procurement procedures
Applicable State, Local, Tribal and Territorial (SLTT) government laws and regulations Applicable Federal laws and regulations
If a Federal requirement is different than the SLTT requirement, or the Applicant’s own requirements, it must use the more restrictive requirement. Additionally, Territorial governments should consult their legal counsel when a project involves a public building or public works facility as the Buy American Act may apply to the procurement process.
1. Pre-procurement Considerations
Tribal and local governments, and PNPs must:
Establish or update written procurement procedures that reflect applicable SLTT laws and regulations
Maintain required written standards of conduct covering conflicts of interest and governing the performance of employees who engage in the selection, award, and administration of contracts
Tribal and local governments, and PNPs should also create a prequalified list of responsible contractors identified to possess the qualifications and technical abilities to satisfy the Applicant’s potential requirement. Although not a contract, many entities have prequalified lists that serve as contract research.
A prequalified contractor is one that the Applicant evaluated and determined to be qualified to perform the work based on capabilities, such as technical and management skills, prior experience, past performance, and availability. A prequalified contractor is not entitled to a “standby” contract. The Applicant must still conduct full and open competition. The Applicant cannot exclude potential bidders or offerors from qualifying during the solicitation period, even if they were not on the prequalified list.
2. General Federal Procurement Requirements
Federal procurement requirements for Tribal and local governments and PNPs are found at 2 C.F.R. § 200.318 through 200.326. The requirements include, but are not limited to:
Providing full and open competition (Tribal government Applicants may provide preference to Indian organizations or Indian-owned economic enterprises the Applicant substantiates that it met the Indian Self-Determination and Education Act requirements). Conducting the following steps to ensure the use of small and minority businesses, women’s business enterprises, and labor surplus area firms when possible:
220
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 92 Place such organizations that are qualified on solicitation lists; Ensure such organizations are solicited whenever they are potential sources; Divide total requirements, when economically feasible, into smaller tasks or quantities; Establish delivery schedules, where the requirement permits, which encourage their participation
Use the services and assistance, as appropriate, of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce Require prime contractor to conduct the above steps if subcontracting. Note that Tribal government Applicants using the Indian Self-Determination and Education Assistance Act preference do not need to separately follow the six socioeconomic steps outlined above. Performing a cost or price analysis in connection with every procurement action above the simplified acquisition threshold, including contract modifications. The Applicant must make independent estimates before receiving bids or proposals.
Additionally, the Applicant must negotiate profit as a separate element of the price when it performs a cost analysis and for each contract in which there is no price competition
Evaluating and documenting the contractor’s integrity, compliance with public policy, record of past performance, and financial and technical resources Ensuring that the contractor was not suspended or debarred Prohibiting the use of statutorily or administratively imposed SLTT geographic preferences in evaluating bids or proposals except where expressly encouraged by applicable Federal law.
Excluding contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals from competing for such procurements to ensure objective contractor performance and eliminate unfair competitive advantage
Maintaining records to detail the history of the procurement including, but are not limited to:
Rationale for the method of procurement
Selection of contract type
Contractor selection or rejection
The basis for the contract price
3. Procurement Methods
Tribal and local governments and PNPs must use one of the following procurement methods:
Micro-purchase
Small purchase procedure
Sealed bid (formal advertising)
Competitive proposal
Noncompetitive proposal (sole-sourcing)
a. Noncompetitive Procurement
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 93 FEMA may reimburse costs incurred under a contract procured through a noncompetitive proposal, also referred to as sole-source, only when one or more of the following circumstances apply:
The item is only available from one source
The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation (this exception to competitive procurement is only for work specifically related to the circumstance and only while the circumstances exists.
Therefore, Applicants need to immediately begin the process of competitively procuring similar goods and services and transition to a competitively procured contract as soon as the circumstances cease to exist)
FEMA or the Recipient expressly authorizes a noncompetitive proposal in response to a written request from the Applicant
After solicitation of several sources, competition is determined inadequate. For each noncompetitive procurement, the Applicant must identify which of the four circumstances listed above applies and provide all of the following information, documentation, and justification:
A brief description of the product or service being procured, including the expected amount of the procurement
Explanation of why a noncompetitive procurement is necessary. If there was a public exigency or emergency, the justification should explain the specific conditions and circumstances that clearly illustrate why competitive procurement would cause unacceptable delay in addressing the public exigency or emergency. (Failure to plan for transition to competitive procurement cannot be the basis for continued use of noncompetitive procurement based on public exigency or emergency) Length of time the noncompetitive contract will be used for the defined SOW, and the impact on that SOW should the noncompetitively procured contract not be available for that amount of time (e.g., how long does the Applicant anticipate the exigency or emergency circumstances to continue; how long it will take to identify requirements and award a contract that complies with all procurement requirements; or how long it would take another contractor to reach the same level of competence) The specific steps taken to determine that the Applicant could not have used, or did not use, full and open competition for the SOW (e.g., research conducted to determine that there were limited qualified resources available that could meet the contract provisions)
Any known conflicts of interest and any efforts that the Applicant made to identify potential conflicts of interest before the noncompetitive procurement occurred. If the Applicant made no efforts, explain why
Any other justification
If FEMA determines that none of the allowable circumstances existed or did not preclude the Applicant from adhering to competitive procurement requirements, FEMA may disallow all or part of the associated costs.
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 94 4. Contract Types
FEMA reimburses costs incurred by Tribal and local governments and PNPs using three types of contract payment obligations: fixed price, cost-reimbursement, and, to a limited extent, T&M. The specific contract types related to each of these are described in FEMA’s Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules).172 Tribal and local governments and PNPs must maintain oversight on all contracts to ensure contractors perform according to the conditions and specifications of the contract and any purchase orders.
a. Time and Material Contracts
T&M contracts do not provide incentives to the contractor for cost control or labor efficiency.
Therefore, use of T&M contracts are only allowed if all of the following apply:
No other contract type was suitable
The contract has a ceiling price that the contractor exceeds at its own risk The Applicant maintains a high degree of oversight to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls FEMA generally limits the use of T&M contracts to a reasonable timeframe based on the circumstances during which the Applicant could not define a clear SOW. Therefore, the Applicant should define the SOW as soon as possible to enable procurement of a more acceptable type of contract.
Some entities, such as Rural Electrical Cooperatives, provide the materials necessary to restore the facilities and refer to such contracts as Time and Equipment (T&E) contracts. The limitations and requirements that apply to T&M contracts also apply to T&E contracts. b. Cost-Plus-Percentage-of-Cost or Percentage-of-Construction In addition to limiting reimbursement to costs that can be determined to be reasonable, FEMA does not reimburse the increased cost associated with the percentage on a cost-plus-percentage- of-cost calculation or percentage-of-construction cost method. This type of contract billing is prohibited as it does not provide incentive to contractors to control costs because the contractor’s profit increases as the costs of performance increase. Instead, it provides a financial interest to the contractor to increase costs so that its profit increases. FEMA identifies these cost methods by determining whether:
Payment is on a predetermined percentage rate
The predetermined percentage rate is applied to actual performance costs The contractor’s total payment amount is uncertain at the time of contracting The contractor’s payment increases commensurately with increased performance costs 223
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 95 5. Additional Contracting Considerations
a. Pre-Positioned Contracts
Some Applicants have pre-positioned contracts, which are contracts awarded before an incident occurs for the potential performance of work. These contracts are also referred to as advance or standby contracts. FEMA may reimburse reasonable costs under a pre-positioned contract if:
It was originally procured in compliance with Federal procurement requirements The scope of work was adequate to cover the work performed The work performed was eligible
The contract term covers time when work was performed. b. Cooperative Purchasing
A cooperative purchasing program is a cooperative arrangement for acquiring goods or services that involves aggregating the demand of two or more entities to obtain a more economical purchase. Program membership may provide entities with access to lists of agreements or contracts for goods and services at pre-negotiated rates or prices. Typically, the member then purchases the goods or services by negotiating with participating vendors and placing purchase orders or entering into contracts based on the pre-negotiated rates or prices. FEMA advises against the use of cooperative purchasing programs due to frequent compliance issues with Federal procurement requirements. PAPPG Appendix D: Frequent Compliance Issues with Cooperative Purchasing Programs provides a list of frequent compliance issues with cooperative purchasing programs for procurements above the simplified acquisition threshold. Applicants must document and explain how its use of the program complied with all procurement requirements.
Piggyback contracting is a type of cooperative purchasing and occurs when one entity assigns the contractual rights it has in a contract to another entity. FEMA advises against the use of piggyback contracts. Piggyback contracts are usually not compliant with Federal requirements as the scope of work pertains to the needs of a different entity. c. Required Contract Clauses
Applicants must include required provisions detailed in 2 C.F.R. § 200.326 in all contracts awarded. Some provisions are based on sound contracting practices while others are required by Federal law, EO, and regulations. Required contract provisions include:
Remedies Clause
Termination for Cause
Termination for Convenience
Equal Employment Opportunity
Contract Work Hours and Safety Standards Act
Homeland Security Acquisition Regulation Class Deviation 15-01 clauses; “Safeguarding of Sensitive Information” and “Information Technology Security and Privacy Training” for existing and new contracts and solicitations that have a high risk of unauthorized access to or disclosure of sensitive information
224
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 96 Clean Air Act
Federal Water Pollution Control Act
Debarment and Suspension
Byrd Anti-Lobbying Amendment Clause
Byrd Anti-Lobbying Amendment Certification
Procurement of Recovered Materials
In addition to the required provisions, FEMA also recommends the following contract provisions be included in all contract awards:
Changes Clause
Access to Records
Department of Homeland Security Seal, Logo, and Flags Compliance with Federal Law, Regulations, and EOs Clause No Obligation by Federal Government
Program Fraud and False or Fraudulent Statements or Related Acts Some provisions do not apply under the FEMA PA Program (e.g. Davis Bacon Act and Rights to Inventions Clause) while others require verbatim language. PAPPG Appendix K: Contract Provisions provides the exact language for the provisions that require verbatim language and provides sample language for some of the other provisions. d. Documentation Requirements
The Applicant should submit the following to support contract costs claimed (not an all-inclusive list):
Procurement policy (required when requested)
Procurement documents (i.e., requests for proposals, bids, selection process, etc.) (required when requested)
A cost or price analysis (required for contracts above the simplified acquisition threshold) Contracts, change orders, and summary of invoices (required) Dates worked (required when requested)
Documentation that substantiates a high degree of contractor oversight, such as daily or weekly logs, records of performance meetings (required for T&M contracts when requested
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 97 Attachment D: Disaster Debris Contract Checklist
The Disaster Debris Contract Checklist was designed to guide the Cities in contracting disaster debris services. The checklist provides a step-by-step process to procuring disaster debris services that complies with current federal standards and best practices. The checklist includes the steps to solicit bids, review proposals, and select an appropriate contractor. The checklist was developed using guidance set forth by the Federal Emergency Management Agency (FEMA) and the provisions of Title 2 Code of Federal Regulations (CFR) Part 200 General Procurement Standards.
Tabs A and B, attached to this document, provide additional details on procurement policies:
Tab A: 2 CFR Parts 200.317 – 200.326
Tab B: Checklist for Reviewing Procurements Under Grants by Non-Federal Entities (States, local and tribal governments, Institutions of Higher Education, Hospitals, and Private Non-Profit Organizations)
Table 1: Disaster Debris Contract Checklist
Task Responsibility Completion
Date
Pre-Disaster Tasks
Solicit a request for proposals for disaster debris services (see Debris Contract Guidance (Attachment C) for specific contract provisions).
The solicitation for prequalified contractors should include:
Adequately defined scope of work
All potential debris types
Anticipated haul distances
Potential size of debris events
Hourly labor, equipment and material price schedule
Performance bond requirements
Qualify bidders by requesting documentation of the following:
Licenses
Financial stability
Proof of insurance
Bonding capability
Description of related experience and capabilities
including total verified cubic yards removed and
processed
References including jurisdiction name, point of contact, email address and phone number
Description of health and safety plan including
operation plan at debris management site(s).
Contractors that have been declared debarred by the Office of Federal Contract Compliance Programs (OFCCP) should not be considered. A complete list of federally disbarred
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Date
contractors can be found in the System for Award Management (SAM) dataset at www.sam.gov.
Check the status of prequalified contractors in the SAM database at the time of the disaster.
1. Go to the SAM Database at https://www.sam.gov/SAM/ .
2. Under the Search Records tab, enter a DUNS number,
CAGE code or Business Name to search for the contractor you are interested in pre-qualifying.
3. Note any exclusions listed for the contractor that may prohibit federal assistance for debris services.
4. Print the screen with the results and file in records.
Ensure compliance with the jurisdiction’s procurement
procedures.
Ensure compliance with applicable state and local procurement laws and regulations.
Ensure compliance with federal procurement laws and
standards identified in 2 CFR 200 (see Tab A).
Ensure competition (see the provisions in Section 200.319 Competition in Tab A for specific requirements regarding competition).
Provide a clear and definitive scope of work.
Develop a cost analysis to demonstrate cost reasonablenessfor any contract or contract modification where price
competition is lacking.
Ensure opportunities for minority and women-owned businesses and firms whenever possible. Require prime contractors to utilize minority and women-owned businesses as scope allows per the provisions laid out in 2 CFR 200.
Document the process and rationale the jurisdiction followed in making procurement decisions.
The jurisdiction’s legal counsel should conduct a review of the procurement process and any potential contracts to be awarded to ensure compliance with all federal, state, and local requirements.
Establish procedures to address protests and disputes related to contract awards.
Compile all documentation related to the procurement and file in a secure location that can be accessed for future review. 227
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 99 TAB A: 2 CFR 200 PROCUREMENT STANDARDS
Procurement Standards
§200.317 Procurements by states.
When procuring property and services under a Federal award, a state must follow the same policies and procedures it uses for procurements from its non-Federal funds. The state will comply with §200.322 Procurement of recovered materials and ensure that every purchase order or other contract includes any clauses required by section §200.326 Contract provisions. All other non- Federal entities, including subrecipients of a state, will follow §§200.318 General procurement standards through 200.326 Contract provisions.
§200.318 General procurement standards.
(a) The non-Federal entity must use its own documented procurement procedures which reflect applicable State, local, and tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this part. (b) Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.
(c)(1) The non-Federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-Federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non- Federal entity.
(2) If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the non-Federal entity must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. (d) The non-Federal entity's procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of 228
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lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach.
(e) To foster greater economy and efficiency, and in accordance with efforts to promote cost- effective use of shared services across the Federal Government, the non-Federal entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services.
(f) The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs.
(g) The non-Federal entity is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. (h) The non-Federal entity must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. See also §200.213 Suspension and debarment.
(i) The non-Federal entity must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following:
rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.
(j)(1) The non-Federal entity may use a time and materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to a non-Federal entity is the sum of:
(i) The actual cost of materials; and
(ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit.
(2) Since this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further, the non-Federal entity awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls.
(k) The non-Federal entity alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not 229
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limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the non-Federal entity of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the non-Federal entity unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 43309, July 22, 2015]
§200.319 Competition.
(a) All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements.
Some of the situations considered to be restrictive of competition include but are not limited to:
(1) Placing unreasonable requirements on firms in order for them to qualify to do business; (2) Requiring unnecessary experience and excessive bonding; (3) Noncompetitive pricing practices between firms or between affiliated companies; (4) Noncompetitive contracts to consultants that are on retainer contracts; (5) Organizational conflicts of interest;
(6) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and
(7) Any arbitrary action in the procurement process.
(b) The non-Federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract.
(c) The non-Federal entity must have written procedures for procurement transactions. These procedures must ensure that all solicitations:
(1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equivalent” description may be used as a means to define the 230
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performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and (2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals.
(d) The non-Federal entity must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the non-Federal entity must not preclude potential bidders from qualifying during the solicitation period. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014] §200.320 Methods of procurement to be followed.
The non-Federal entity must use one of the following methods of procurement. (a) Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro- purchase threshold (§200.67 Micro-purchase). To the extent practicable, the non-Federal entity must distribute micro-purchases equitably among qualified suppliers. Micro- purchases may be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable.
(b) Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources.
(c) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in paragraph (c)(1) of this section apply. (1) In order for sealed bidding to be feasible, the following conditions should be present:
(i) A complete, adequate, and realistic specification or purchase description is available; (ii) Two or more responsible bidders are willing and able to compete effectively for the business; and
(iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (2) If sealed bids are used, the following requirements apply:
(i) Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids, for local, and tribal governments, the invitation for bids must be publicly advertised; 231
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(ii) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond;
(iii) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; (iv) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and
(v) Any or all bids may be rejected if there is a sound documented reason. (d) Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or cost- reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply:
(1) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical;
(2) Proposals must be solicited from an adequate number of qualified sources; (3) The non-Federal entity must have a written method for conducting technical evaluations of the proposals received and for selecting recipients; (4) Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and (5) The non-Federal entity may use competitive proposal procedures for qualifications- based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort.
(e) [Reserved]
(f) Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply:
(1) The item is available only from a single source;
(2) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
(3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity; or
232
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(4) After solicitation of a number of sources, competition is determined inadequate. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 54409, Sept. 10, 2015]
§200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.
(a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.
(b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. §200.322 Procurement of recovered materials.
A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014] §200.323 Contract cost and price.
(a) The non-Federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the non-Federal entity must make independent estimates before receiving bids or proposals. 233
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(b) The non-Federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and, in all cases, where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the non-Federal entity under Subpart E—Cost Principles of this part. The non-Federal entity may reference its own cost principles that comply with the Federal cost principles.
(d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used.
§200.324 Federal awarding agency or pass-through entity review. (a) The non-Federal entity must make available, upon request of the Federal awarding agency or pass-through entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the non-Federal entity desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase.
(b) The non-Federal entity must make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when:
(1) The non-Federal entity's procurement procedures or operation fails to comply with the procurement standards in this part;
(2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation;
(3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a “brand name” product;
(4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or (5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. (c) The non-Federal entity is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part. (1) The non-Federal entity may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews 234
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must occur where there is continuous high-dollar funding, and third party contracts are awarded on a regular basis;
(2) The non-Federal entity may self-certify its procurement system. Such self-certification must not limit the Federal awarding agency's right to survey the system. Under a self- certification procedure, the Federal awarding agency may rely on written assurances from the non-Federal entity that it is complying with these standards. The non-Federal entity must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. §200.325 Bonding requirements.
For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non-Federal entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:
(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (b) A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.
(c) A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. §200.326 Contract provisions.
The non-Federal entity's contracts must contain the applicable provisions described in Appendix II to Part 200—Contract Provisions for non-Federal Entity Contracts Under Federal Awards. 235
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TAB B: Checklist for Reviewing Procurements Under Grants by Non-Federal Entities (States, local and tribal governments, Institutions of Higher Education, Hospitals, and private non-profit organizations) –2 CFR pt. 200 This checklist was created to assist FEMA recipients and subrecipients in complying with the federal requirements that procurements must meet in order for FEMA to reimburse eligible expenses. Importantly, this checklist is intended to provide general guidance only and does not provide a detailed explanation of the Federal procurement requirements – it is not intended to serve as legal advice and FEMA makes no guarantee that adherence to this checklist will result in full reimbursement of eligible expenses. To understand the requirements fully, the user should review the provisions of 2 C.F.R. 200.317 – 326, https://www.ecfr.gov/cgi-bin/text- idx?node=2:1.1.2.2.1.4.31&rgn=div7 which is the source of these requirements. FEMA’s in – depth guidance on these provisions can be found in its Supplement to the Public Assistance Field Manual. In addition, the user may review FEMA’s Field Manual, Public Assistance Grantee and Subgrantee Procurement Requirements , which is available on the internet by searching for “FEMA Procurement Field Manual.” While the Field Manual was drafted to specifically address the Federal procurement standards that were in effect prior to 26 December 2014 (44 C.F.R. §
13.36(a)-(i) – States, Local and Tribal Governments; and 2 C.F.R. § 215.40-48 – Institutions of Higher Education, Hospitals, and other Non-Profit Organizations), many of the concepts are similar or identical in substance, and thus remains an excellent tool for navigating the current Federal procurement standards. If any questions arise, please contact your servicing attorney or legal counsel for assistance.
2 C.F.R. § 200.317 – 326 became effective on December 26, 2014. For disasters (and their associated projects) declared prior to that date, the relevant procurement standards can continue to be found in 44 C.F.R. § 13.36(a)-(i) (States, local and tribal governments) and 2 C.F.R. § 215.40-48 (Institutions of Higher Education, Hospitals, and Private Non-Profits). As indicated above, while many of the concepts are similar or identical, there are some substantive differences between the old and the new standards. Accordingly, this checklist should not be used for procurements associated with declarations issued prior to 26 December 2014. Instead, see procurement standards Checklists 13.36 and 215.
Instructions: Each standard below is followed by a block for “Yes”, “No”, or in some cases, “Not applicable”.Red font is used to indicate the response which, if checked, indicates that the contract does not comply with federal requirements.
The term “non-Federal entity” (NFE) below refers to the entity that is conducting the procurement action (i.e., the state, local, or tribal government or private-non-profit entity).
1. Does the procurement comply with the State’s own procurement laws, rules, and procedures? §200.317 Yes No
2. Does the procurement comply with the requirement to make maximum use of recovered/recycled materials?§ 200.317, § 200.322. Yes No N/A – work does not involve the use of materials (e.g., debris removal or other services) 236
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3. Does the contract include the following clauses?
a. If the contract amount exceeds $150,000, does it address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for sanctions and penalties? Yes No N/A b. If the contract amount exceeds $10,000, does it address termination for cause and for convenience, including the manner by which it will be effected and the basis for settlement? Yes No N/A
c. If the contract is for construction, does it include the required Equal Employment Opportunity clause? Yes No N/A
d. For construction contracts exceeding $2,000 awarded under a Federal grant, does the contract include a Davis-Bacon Act clause and Copeland “Anti-Kickback” Act clausei addressing prevailing wage rates? [Note that Public Assistance and Hazard Mitigation Grant Program contracts do NOT require these clauses.] Yes No N/A e. If the contract amount exceeds $100,000 and involves the employment of mechanics or laborers, does the contract include a Contract Work Hours and Safety Standards clause?ii Yes No N/A
a. Rights to Inventions Made Under a Contract or Agreement. N/A b. If the contract or subgrant amount exceeds $150,000, does the contract include clauses addressing the Clean Air Act and the Federal Water Pollution Control Act? Yes No N/A
c. Does the contract include mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6201)? Yes No d. Does the contract include a Suspension and Debarment clause? Yes Noiii
e. Does the contract include an Anti-Lobbying clause ? Yes No i. For contracts exceeding $100,000, have bidders submitted an Anti- Lobbying Certification? Yes No N/A
f. Does the contract include a clause requiring the contractor to maximize use of recovered/recycled materials? Yes No N/A – work does not involve the use of materials (e.g., debris removal or other services)
If a State agency is awarding the contract, stop here. If the contract is being awarded by a local or tribal government or private nonprofit entity, continue with the checklist.
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4. General requirementsiv
a. Does the procurement comply with the NFE’sv own procurement laws, rules, and procedures? §200.318(a) Yes No
b. Does the NFE maintain contract oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders? §200.318(b) Yes No
c. Does the NFE have - §200.318(c)(1):
i. Written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts? Yes No
ii. Any employee, officer, or agent participating in the selection, award, or administration of a contract supported by a Federal award that has an actual or apparent conflict of interest? Yes No
iii. Any employee, officer, or agent that has solicited and/or accepted gratuities, favors, or anything or monetary value form contractors or parties to subcontracts? Yes No
iv. Written standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal entity. Yes No
d. If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, does the non-Federal entity have written standards of conduct covering organizational conflicts of interest? § 200.318(c)(2) Yes No N/A e. The NFE must avoid acquisition of unnecessary or duplicative items. Has the NFE considered consolidating or breaking out procurements to obtain a more economical purchase? Where appropriate, has the NFE considered lease versus purchase alternatives? § 200.318(d) Yes No
f. Is the contract being awarded to a responsible contractor possessing the ability to perform successfully under the terms and conditions of the proposed procurement, giving consideration to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources? § 200.318(h) Yes No g. Is the NFE keeping records sufficient to detail the history of the procurement, including, but not limited to, records documenting the rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price? § 200.318(i) Yes No
h. Is the contract a time-and-materials contract? vi § 200.318(j) Yes No i. If so, has the NFE documented why no other contract is suitable? Yes No 238
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ii. Does the contract include a ceiling price that the contractor exceeds at its own risk? Yes No
i. Is the NFE alone responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements? §200.318(k) Yes No
j. Encouraged, but not required standards at § 200.318(e), (f), and (g).
5. Competition
a. All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. Does the procurement involve any of the followingvii § 200.319(a):
i. Placing unreasonable requirements on firms in order for them to qualify to do business? Yes No
ii. Requiring unnecessary experience and excessive bonding? Yes No iii. Noncompetitive pricing practices between firms or between affiliated companies?viii Yes No
iv. Noncompetitive contracts to consultants that are on retainer contracts?ix Yes No
v. Organizational conflicts of interest?x Yes No
vi. Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement? Yes No
vii. Any arbitrary action in the procurement process? Yes No b. Was the contractor that is bidding on the contract also involved with developing or drafting the specifications, requirements, statement of work, invitation for bids or request for proposals? (If so, that contractor must be excluded from competing for such procurements) § 200.319(a) Yes No N/A
c. Does the contract include a state or local geographic preference for local contractors?xi § 200.319(b) Yes No
d. Do the NFE’s written procurement procedures ensure that all solicitations comply with the following: § 200.319(c)
i. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured? § 200.319(c)(1) Yes No ii. Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals? § 200.319(c)(2) Yes No e. If the NFE is using a prequalified list of persons, firms, or products which are used in acquiring goods and services: § 200.319(d) N/A
i. Is the list current? Yes No
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ii. Does the list include enough qualified sources to ensure maximum open and free competition? Yes No
iii. Were any potential bidders precluded from qualifying during the solicitation period?xii Yes No
6. Method of Procurement
a. Is the NFE using one of the following acceptable methods of procurement? § 200.320 i. Micro-purchase (i.e., purchases below $3,500, see, §200.67 Micro-purchases). § 200.320(a) Yes No
1. [Note: Micro-purchases may be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable.]
2. To the extent practicable, is the NFE distributing micro-purchases equitably among qualified suppliers? Yes No N/A – not practicable ii. Small purchase procedures § 200.320(b) Yes No
1. [Note: Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the lesser of either (1) the federal small purchase threshold (i.e., $150,000), or (2) whatever amount State or local procurement rules set as the small purchase threshold – if more restrictive than the federal threshold.]
2. Did the NFE obtain price or rate quotations from an adequate number of qualified sources?xiii Yes No
iii. Sealed bids § 200.320(c) xiv Yes No
1. [Note: Bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price.
Sealed bidding is the preferred method for procuring construction]
2. Are all of the following conditions to use sealed bidding present? § 200.320(c)(1) Yes No
a. A complete, adequate, and realistic specification or purchase description is available Yes No
b. Two or more responsible bidders are willing and able to compete effectively for the business Yes No
c. The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price Yes No
3. If sealed bids are used, the following requirements apply: § 200.320(c)(2) 240
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a. Did the NFE solicit bids from an adequate number xv of known suppliers, providing them sufficient response time prior to the date set for opening the bids? Yes No
b. If the NFE is a local or tribal government, was the invitation for bids publicly advertised? Yes No N/A
c. Did the invitation for bids include any specifications and pertinent attachments, and define the items or services in order for the bidder to properly respond? Yes No
d. Did the NFE open all bids at the time and place prescribed in the invitation for bids? Yes No
e. For local and tribal governments, were the bids opened publicly? Yes No N/A
f. Did the NFE award a firm fixed price contract award in writing to the lowest responsive and responsible bidder? Yes No
g. If any bids were rejected, was there a sound documented reason supporting the rejection? Yes No N/A
iv. Procurement by competitive proposals § 200.320(d) Yes No
1. Did the NFE publicize the Requests for Proposals (RFPs) and identify all evaluation factors and their relative importance? Yes No
2. Did the NFE solicit proposals from an adequate number of qualified sources?xvi Yes No
3. Did the NFE have a written method for conducting technical evaluations of the proposals received and for selecting recipients? Yes No
4. Did the NFE award the contract to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered? Yes No
5. [Note regarding architectural/engineering (A/E) professional services:
The NFE may use competitive proposal procedures for qualifications-based procurement of A/E professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms that are a potential source to perform the proposed effort.] v. Noncompetitive proposals § 200.320(f) Yes No
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1. [Note: Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one (or an improperly limited number of) source(s)]
2. Do one or more of the following circumstances apply? Yes No a. The item is available only from a single source Yes No b. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation Yes No c. The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non- Federal entity Yes No
d. After solicitation of a number of sources, competition is determined inadequate. Yes No
7. Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms
a. Has the NFE taken the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible? § 200.321 Yes No N/A (document)
i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists? Yes No N/A (document) ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources? Yes No N/A – no potential sources (document)
iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises? Yes No N/A – not economically feasible (document)
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises? Yes No N/A – the requirement does not permit (document)
v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce Yes No N/A – not appropriate (document)
vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed above? Yes No N/A – no subcontracts will be let (document)
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8. Contract cost and pricexvii
a. If the contract amount (including contract modifications) exceeds $150,000, did the NFE perform a cost or price
analysis? § 200.323(a) Yes No N/A
b. Did the NFE negotiate profit as a separate element of the price for each contract in which there is no price competition and, in all cases, where cost analysis is performed? § 200.323(b) Yes No N/A
c. Is the contract a “cost plus a percentage of cost” or “percentage of construction cost” contract?xviii [Note: This form of contract is prohibited under the Federal procurement standards and is ineligible for FEMA reimbursement] Yes No
9. Bonding requirements for construction or facility improvement contracts exceeding $150,000
a. [Note: For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold (i.e., $150,000), the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non-Federal entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected.]
b. If such a determination (see above) has not been made, does the procurement include the following? Yes No N/A
i. A bid guarantee from each bidder equivalent to five percent of the bid price? Yes No N/A
1. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. ii. A performance bond on the part of the contractor for 100 percent of the contract price? Yes No N/A
1. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. iii. A payment bond on the part of the contractor for 100 percent of the contract price.
1. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.
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Attachment E: Sample Debris Hauler Request for Proposals 244
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RFP NUMBER: XXXXXX
Proposal Deadline:
Date
Time
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Request for Proposals
for
Disaster Debris Clearance and Removal Services
Introduction
FEMA encourages municipalities to identify disaster debris clearance and removal service providers prior to an emergency. With this is mind, the City of_______________, California (“City”) wishes to contract with one or more firms to provide services related to collection, reduction, recycling, hazardous waste management, demolition, processing, hauling, and final disposition of disaster-related debris.
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SECTION 1. PROPOSAL OUTLINE AND CONTENT
To simplify the review process and to obtain the maximum degree of comparability, the proposal must follow the outline set forth below and, at a minimum, contain the information requested.
Proposers are encouraged to include additional relevant information. At Proposers discretion, brochures may accompany required proposal materials; however, brochures will not be considered as substitution for other written requirements.
Proposal Format
The proposal must be typewritten and the original clearly marked and signed in blue ink. Legibility, clarity, and completeness are important and essential. Proposals must include labels that identify the sections of the proposal.
Letter of Transmittal
The letter of transmittal should be limited to two (2) pages and should include:
a. A brief statement of the Proposer’s understanding of the work to be done. b. The names, titles, addresses, and telephone numbers of the individuals who are authorized to make representations on behalf of the Proposer. c. A statement that (1) the person signing the transmittal letter is authorized to legally bind the Proposer, (2) the proposal shall remain firm for a period of 180 days from the date of receipt of best and final offers, and (3) the proposal will comply with the requirements of this Request for Proposal (“RFP”).
d. A statement indicating which vendor, if multiple vendors are proposing jointly, intends to act as prime point of contact for proposal evaluation questions and the delivery and maintenance of the vendor’s proposed offerings.
Title Page
The title page should include the RFP subject and RFP number, the name and address of the Proposer, and the date of the proposal submission.
Table of Contents
The contents should be identified by section, description, and page number.
Certificate of Registration
The Proposer must furnish a “Certificate of Registration” that identifies the Proposer is authorized to conduct business in the State of California prior to the awarding of the contract.
Capabilities and Related Experience
Please provide a description of your organization’s related experience and capabilities including a list of all projects completed within the last 2 years to include client references for each. Each Proposer must also provide a list of all debris removal, reduction, and disposal operations in excess of 200,000 cubic yards within the last 10 years where Proposer was the prime contractor and provide references for the communities where these operations took place. Each reference must include jurisdiction name, contact name, e-mail address, phone number, and description of project. Proposers that do not meet these minimum qualifications will not be considered.
Qualifications of Key Personnel
Proposers must provide a listing of key personnel who would be assigned to the project, including their training (including FEMA courses/training completed), certifications, and years of experience. Proposers should also indicate which personnel will be primary contacts, which will be dedicated staff, and what role each staff member will play in execution of the contracted services.
Description of Work
Detailed requirements for describing the work to be performed, scope of services, and proposed 247
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costs are provided throughout this RFP.
Technical Proposal
Proposers should, at a minimum, provide the following information in the order listed below:
a. Proposer background, with specific detail regarding work on similar projects performed in excess of 200,000 cubic yards
b. Proposer technical experience regarding large-scale debris removal operations associated with flooding, severe storms, tornadoes, wild fires, earthquakes, or other natural or manmade disasters
c. Organizational chart including proposed points of contact and a full-time project manager required to report to the City
d. Training (including FEMA courses/training) and professional experience (include all professional certifications) of proposed staff
e. A list of existing contracts, particularly those within the State of California f. References from existing contracts and/or past clients (must include references from the successful completion of debris removal projects in excess of 200,000 cubic yards) within the past 10 years
g. A list of Sub-Contractors, including primary operating location(s) h. A one to two-page company profile with a brief description of the firm, capabilities, experience, contact information, website, and additional resources i. Detailed listing of Proposer’s equipment and resources highlighting equipment directly owned by the proposer
j. A mobilization and operations plan
k. Construction drawings for Occupational Health and Safety Administration (OSHA)- compliant temporary inspection towers
l. Anti-collusion statement
m. Proposer’s equipment and resource list – Proposers shall submit a list of on-site and off- site equipment that will be available at the collection site or facility. The list should include all fire prevention, safety, personal protective equipment (“PPE”), and other equipment that the Proposer determines suitable or necessary for the project. n. Spill and Fire Prevention Plan – Proposers shall submit spill prevention and fire prevention plans tailored to on-site activities at the debris management site (“DMS”) or facility. o. Contingency Plan – Proposers shall submit a format for a contingency plan and provide a description of notification procedures to the participants of on-site emergencies and evacuation of the participants in case of an emergency on site. p. Employee Training Plan– Proposers shall submit a comprehensive training plan and detailed training outline for each position involved in debris removal and DMS(s) operations. Proposers should include copies of any training manuals. q. Health and Safety Plan - Proposers shall submit information regarding their standard health and safety plan.
r. Description of Proposer’s Safety Record – Proposers shall submit a listing of all warning notifications, violations, and/or citations received from pertinent federal and/or state agencies in the past three (3) years by the Proposer.
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s. Third-Party Certification – Proposer shall submit a listing of all third-party certifications such as ISO 9000 Series, ISO 14000 Series, etc.
Safety
Proposer shall be solely responsible for maintaining safety at all work sites. Proposer shall take all reasonable steps to ensure safety for both workers and visitors to the site(s) to include traffic control. Proposer will also be solely responsible to ensure that all OSHA requirements are met and a safety officer assigned to the project for the duration of this contract.
Indemnification
In order to protect City from liabilities associated with on-site activities, transportation, and inherent Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) liabilities involving disposal, the Proposer should supply its own labor and transportation, and dispose of waste at only EPA-permitted disposal facilities. The Proposer must agree to assume generator status and be responsible for preparing and signing all manifests related to the City’s household hazardous collection and/or disposal facility. a. Proposer agrees to and shall defend, indemnify, and hold City, their employees, officers, and legal representatives (collectively, “City”) harmless for all claims, causes of action, liabilities, fines, and expenses (including, without limitation, attorney’s fees, court costs, and all other defense costs and interest), for injury, death, damage, or loss to persons or pro is immune from liability or not; and
b. City’s and Proposer’s actual or alleged strict products liability or strict statutory liability, whether Proposer is immune from liability or not.
c. Proposer shall defend, indemnify, and hold City harmless during the term of this Agreement and for four (4) years after this Agreement terminates. Proposer shall not indemnify City for City’s sole negligence.
Release
Proposer, its predecessors, successors, and assigns hereby release, relinquish, and discharge City, its agents, employees, officers, and legal representatives from any liability arising out of City’s sole and/or concurrent negligence and/or City’s strict products liability or strict statutory liability for any injury, including death or damage to persons or property, where such damage is sustained in connection with or arising out of performance under this contract.
Insurance Requirements
Proposer shall obtain and maintain insurance coverage in effect during the term of this Agreement as set forth below and shall furnish certificates of insurance showing City as an Additional Insured, in duplicate form, prior to the beginning of the Agreement. Each policy, except those for Worker’s Compensation and Employer’s Liability, must (1) name City as Additional Insured parties on the original policy and all renewals or replacements, and (2) contain an endorsement that the policy is primary to any other insurance available to the Additional Insured with respect to claims arising under the Agreement. Proposer’s failure to maintain the required insurance coverage at any time during the contract period may be grounds for City to suspend the contract and to withhold payment until insurance coverage is satisfactory. The issuer of any policy shall have a certificate of authority to transact insurance business in the State of California or have a Best’s rating of at least A and a Best’s Financial Size Category of Class VII or better, according to the most current edition of the Best’s Key Rating Guide, Property-Casualty United States.
Standard insurance policies and minimum amounts required are as follows:
Commercial General Liability insurance for bodily and personal injury (including death) and property damage
Each occurrence not less than $1,000,000
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General aggregate not less than $2,000,000
The coverage shall include (but not be limited to) personal injury liability, premises/operations, and products/completed operations
Worker’s Compensation and Employer’s Liability Insurance a. Employers’ Liability insurance of $1,000,000 per occurrence Worker’s Compensation as required by statute
Automobile Liability (for vehicles Proposer uses in performing under the Agreement, including Employer’s Owned, Non-Ownership, and Hired Auto Coverage) with broad pollution liability endorsement and MCS-90 endorsement
a. Combined Single Limit of $1,000,000 per occurrence
Environmental Impairment Liability and/or Pollution Liability a. $3,000,000 per occurrence or claim and $3,000,000 aggregate Excess Liability
a. $3,000,000 per occurrence and $3,000,000 aggregate
Other Insurance
a. If requested by City, Proposer shall furnish adequate evidence of Social Security and Unemployment Compensation Insurance, to the extent applicable to Proposer’s operations under the Agreement.
Defense costs are excluded from the face amount of the policy. Aggregate limits are per 12-month policy period unless otherwise indicated.
All of the insurance required to be carried by the Proposer hereunder shall be by policies that require on their face, or by endorsement, that the insurance carrier waive any rights of subrogation to recover against City and shall give thirty (30) days written notice to City before they may be cancelled or materially changed. Within such thirty (30)-day period, Proposer covenants that it will provide other suitable policies in lieu of those about to be cancelled or materially modified, or non- renewed, so as to maintain in effect the coverage required under the provisions hereof. Failure or refusal of the Proposer to obtain and keep in force the above-required insurance coverage shall authorize City, at its option, to terminate the Agreement at once. Proposer shall give written notice to City within five (5) days of the date on which total claims by any party against Proposer reduce the aggregated amount of coverage below the amounts required by the Agreement.
Proposer shall pay all insurance premiums, and City shall not be obligated to pay any premiums.
Proposer shall be responsible for and bear any claims or losses to the extent of any deductible amounts and waives any claim it may have for the same against City.
If any part of the work is sublet, similar insurance shall be provided by or in behalf of the Sub- Contractor to cover their operations, and evidence such as insurance, satisfactory to City shall be furnished by the Proposer. In the event a Sub-Contractor is unable to furnish insurance in the limits required under the Agreement, the Proposer shall endorse the Sub-Contractor as an Additional Insured on his policies excluding Worker’s Compensation and Employer’s Liability.
Only unaltered original insurance certificates endorsed by the underwriter are acceptable.
Photocopies are unacceptable.
Financial Assurance
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for the proposing organization. Proposals submitted without the most current certified financial statement or U.S. Securities and Exchange Commission (“SEC”) Form 10K shall be considered non-compliant with the RFP.
Performance Bonds
To ensure faithful performance, the Contractor shall provide to the City and maintain a Performance Bond due upon issuance of a Notice to Proceed (NTP). (a) In the event the Contractor is notified by the City to commence disaster services in the form of a Notice to Proceed, the Contractor shall provide a Performance and Payment Bond to the City within seven days.
(b) The Performance and Payment Bond shall be in an amount at least equal to the estimated price of the work as determined by the City and in such form and with such securities are acceptable to the City. The City may require the Contractor to furnish other bonds, in such form and with such sureties as it may require. If the estimated price of work is increased by a change order, the Contractor shall be responsible to ensure that the Performance and Payment Bond has been amended accordingly and of copy of the amendment shall be provided to the City's Debris Manager. The maximum amount of any Bond shall not exceed 10 million dollars. Upon the successful completion of work, the Performance and Payment Bonds shall be released by the City.
(c) If the Surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of California or it ceases to meet the requirements imposed by the City, the Contractor shall within five (5) calendar days substitute another Bond and Surety, both of which shall be acceptable to the City. (d) If the Contractor cannot obtain another bond and surety within (5) calendar days, the City shall accept, and the Contractor shall provide an irrevocable letter of credit drawn on a City of _______________, California bank until the bond and surety can be obtained.
Liquidated Damages
Should the Contractor fail to complete requirements set forth in this scope of work, the City shall suffer damage. The amount of damage suffered by the City is difficult, if not impossible to determine at this time, therefore the Contractor shall pay the City, as liquidated damages, the following:
a. The Contractor shall pay the City, as liquidated damages, $5,000.00 per calendar day of delay to mobilize in the City with the resources requested by the City, within seventy-two (72) hours of being issued a NTP.
b. The Contractor shall pay the City, as liquidated damages, $1,000.00 per load of disaster debris collected in the City that is not disposed of at a City approved DMS or City Designated Final Disposal Site. Application of liquidated damaged does not release the Contractor of all liability associated with hauling and depositing material to an unauthorized location.
c. The Contractor shall pay the City, as liquidated damages, $500.00 per incident where the Contractor fails to repair damages that are caused by the Contractor. Application of liquidated damages does not release the Contractor from the responsibility of resolving, repairing or paying for damages.
d. If Contractor personnel, including their subcontractors, are documented collecting debris from areas that are not listed in a PO (i.e., private property, vacant lots, land clearing debris), then liquidated damages shall be assessed at $1000.00 per incident. An incident shall entail each individual property as identified by a property identification number. 251
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e. All work, including site restoration of debris management sites, prior to close-out shall be completed within 30 calendar days after receiving notice from the City that the last load of debris has been delivered, unless the City initiates additions or deletions to the agreement in writing. Subsequent changes in completion times shall be equitably negotiated by both parties pursuant to applicable state and federal laws. Liquidated damages shall be assessed at $2,000.00 per calendar day for any time over the maximum allowable time established.
f. The amounts specified above are mutually agreed upon as reasonable and proper amount of damage the City should suffer by failure of the Contractor to complete requirements set forth in the scope of work.
Contract term
The initial contract term will be for five (5) years with an optional three (3) year and two (2) year extension allowing for a ten (10) year total contract term. Prices will be reviewed at each optional renewal and increased, if necessary, based on review of the consumer price index (“CPI”).
Retainage
The City will hold a 10% retainage on all Contractor invoices until satisfactory completion of the project and resolution of all damages.
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SECTION 2. TERMS AND DEFINITIONS
Definitions of key terms used in this RFP are provided below.
Approved Final Disposal Site
A final disposal site approved in writing by the City.
Authorized Representative
City employees and/or contracted individuals designated by the City or City debris manager.
Cleanup Crew
A group of individuals or an individual employed by Contractor to collect disaster debris.
Construction and Demolition (“C&D”) Debris
Federal Emergency Management Agency (“FEMA”) Publication 104-009-2, Public Assistance Program and Policy Guide, defines eligible C&D debris as damaged components of buildings and structures, such as lumber and wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and other floor coverings, window coverings, pipe, concrete, asphalt, equipment, furnishings, and fixtures. (Note: This definition of C&D debris is for disaster recovery purposes and is not the same definition commonly used in other solid waste documents.) Current eligibility criteria include the following:
a. Debris must be located within a designated area and be removed from an eligible applicant’s improved property or right-of-way (“ROW”).
b. Debris removal must be the legal responsibility of the applicant. c. Debris must be a result of a major disaster.
Debris
Items and materials broken, destroyed, or displaced by a natural or human-caused federally declared disaster. Examples of debris include but are not limited to trees, C&D debris, and personal property.
Debris Management Site (“DMS”)
A location to temporarily store, reduce, segregate, and/or process debris before it is hauled to a final disposal site. May also be referred to as a temporary debris management site (“TDMS”) or temporary debris storage and reduction site (“TDSRS”) or temporary debris staging and processing facility (“TDSPF”).
Debris Manager
The City will designate a debris manager, who will provide oversight for all phases of debris removal operations.
Debris Removal
Picking up debris and taking it to a DMS, composting facility, recycling facility, permitted landfill, or other reuse or end-use facility.
Demolition
a. The act or process of reducing a structure, as defined by the State of California or local code, to a collapsed state. It contrasts with deconstruction, which is the taking down of a building while carefully preserving valuable elements for reuse. b. Description of Designated Area
c. The designated area for debris removal is bounded by City limits and includes all public ROWs, easements, parks, and debris staging areas within the areas of the City. The Proposer will remove debris from municipal roadways at the direction of the City. The City may also authorize the Proposer to remove debris from Non-City roadways or other areas as directed in writing by the City.
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d. All debris identified by City shall be removed. Proposer shall make up to two complete passes through the City’s limits, removing all debris along each ROW. The City may or may not require the Proposer to perform a third pass. Partial removal of debris piles is strictly prohibited. The Proposer shall not move from one designated area to another designated area without prior approval from the City or its representative. Any eligible debris (such as fallen trees) that extends onto the ROW from private property shall be cut at the point where it enters the ROW, and the part of the debris that lies within the ROW shall be removed. The Proposer shall not enter onto private property during the performance of this contract unless specifically authorized in writing by the City. e. Proposer shall deliver debris to DMS and final disposal sites that have been permitted to receive disaster debris and will adhere to all local, state, and federal regulations. f. Debris shall be reasonably compacted into the hauling vehicle. No limbs or branches shall be allowed to protrude more than six (6) inches beyond the sides of the truck bed. Any debris extending above the top of the truck bed shall be secured in place to prevent it from falling off. Measures must be taken to prevent debris from blowing out of the hauling vehicle during transport to the disposal site.
g. All debris will be mechanically loaded. Hauling vehicles that are hand-loaded or that require mechanical assistance for dumping will not be permitted to dump at DMS(s), unless approved in advance by City.
h. Loose leaves and small debris in excess of one (1) bushel basket shall be removed within the designated area. No debris shall be left on the road surface. No single piece of debris larger than six (6) inches in any dimension shall be left on site. Hand crews and rakes will be required.
i. The Proposer will provide an on-site project manager to the City. The project manager shall provide the City with a telephone number at which the project manager can be reached throughout the project. The project manager will be expected to have daily meetings with City representatives. Daily meeting topics will include (but will not be limited to) volume of debris collected, completion progress, local coordination, and damage repairs. City may adjust the frequency of meetings. Proposer project manager must be available 24 hours-a-day, or as required by the City.
j. City does not warrant or guarantee the availability or use of any final disposal sites.
Proposer must coordinate directly with owners of all final disposal sites. All final disposal sites must be approved in writing by the City.
k. Proposer will remain legally responsible for the handling, reduction, and final haul-out and disposal of all reduced and unreduced debris from DMS sites. Payment for disposal costs (such as tipping fees) incurred by the Proposer at permitted disposal facilities, or other City-approved sites that meet local, state, and federal regulations for disposal, will be made at the cost incurred by the Proposer. The Proposer must furnish a copy of the invoice received by the disposal facility, all scale or load tickets issued by the disposal facility, and proof of Proposer payment to the disposal facility.
l. Proposer shall conduct the work so as not to interfere with the disaster response and recovery activities of federal, state, and local governments or agencies, or of any public utilities.
m. Proposer shall be capable of assembling, directing, and managing a workforce that can be fully operational in debris management operations in a maximum of seventy-two (72) hours or sooner, depending on the extent of the disaster. Operations must begin within seventy-two (72) hours of notification by the City. Depending on the category of the event, the City may request immediate mobilization.
n. Debris management activities reimbursed through federal disaster programs may occur in areas protected by the Endangered Species Act. For any project that requires a federal permit or receives federal funding is subject to Section 7 (see Section 2.13 Endangered 254
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Species Act). Proposer and City will comply with the findings of the Section 7 Endangered Species Act consultation, if applicable.
Disaster-Specific Guidance (“DSG”)
A policy statement issued in response to a specific post-event situation or need in a state or region. Each DSG is issued a number and is generally referred to by its numerical identification.
Eligible
Qualifying for and meeting the most current stipulated requirements (at the time the written Notice to Proceed is issued and executed by the City to the Proposer) of the FEMA Public Assistance Grant Program, FEMA Publication 104-009-2 (additional information below), and all current FEMA fact sheets, guidance documents, and DSGs. Eligible also includes meeting any changes in definition, rules, or requirements regarding debris removal reimbursement as stipulated by FEMA during the course of a debris removal project.
Endangered Species Act
Section 7 of the Endangered Species Act, (See 50 CFR Part 402), requires all federal agencies to consult with the National Marine Fisheries Service (“NMFS”) for marine and anadromous species, or the U.S. Fish and Wildlife Service (“FWS”) for fresh-water and wildlife, if they are proposing an action that may affect listed species or their designated habitat. “Action” is defined broadly to include funding, permitting, and other regulatory actions. (See 50 C.F.R. § 402.02.) Each federal agency is to ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of a designated critical habitat. This is done through consultation. If such species may be present, the local government must conduct a biological assessment (“BA”) to analyze the potential effects of the project on listed species and critical habitat to establish and justify an effect determination (assistance and coordination may be available from the State of California, especially with transportation projects). The federal agency reviews the BA and, if it concludes that the project may adversely affect a listed species or its habitat, it prepares a biological opinion.
The biological opinion may recommend reasonable and prudent alternatives to the proposed action to avoid jeopardizing or adversely modifying the habitat.
FEMA Publication 104-009-2 Public Assistance Program and Policy Guide This publication is specifically dedicated to the rules, regulations, and policies associated with public assistance programs and the debris removal process. Familiarity with this publication and any revisions can help a local government limit the amount of non-reimbursable expenses. The Public Assistance Program and Policy Guide provides the framework for the debris removal process authorized by the Stafford Act, including the following:
a. Eliminating immediate threats to lives, public health, and safety. b. Eliminating immediate threats of significant damage to improved public or private property.
c. Ensuring the economic recovery of the affected community to the benefit of the community at large.
Grinding
Reduction of disaster-related vegetative debris through mechanical means into small pieces to be used as mulch or fuel. Grinding may also be referred to as chipping or mulching.
Hazardous Hanging Limbs
A limb that poses significant threat to the public. The current eligibility requirements for hazardous hangers according to FEMA Publication 104-009-2 are:
a. The limbs or branches extend over the public ROW;
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b. The broken limbs or branches measure two inches or larger in diameter at the point of breakage; and
c. The limbs or branches are still hanging in a tree and threatening a public use area, e.g. trails, sidewalks, golf cart path.
Hazardous Leaning Tree
A tree is considered hazardous if its condition was caused by the disaster; it is an immediate threat to lives, public health and safety, or improved property; it has a diameter of six (6) inches or greater measured 4.5 feet above ground level; and one or more of the following criteria are met (according to FEMA Publication 104-009-2):
a. The tree has a split trunk.
b. The tree has a broken canopy.
c. The tree is leaning at an angle greater than thirty (30) degrees.
Hazardous Stump
A stump is defined as hazardous and eligible for reimbursement if all of the following criteria are met. The current eligibility requirements for hazardous hangers according to FEMA Publication 104-009-2 are:
a. The stump has fifty (50) percent or more of the root ball exposed. b. The stump is 2 feet or larger in diameter when measured 2 feet from the ground. c. The stump is located on a public ROW.
d. The stump poses an immediate threat to public health and safety.
Loose stumps (not attached to the ground) and stumps under two feet in diameter measured 2 feet from the ground and meeting the criteria 2.18.1 (a) (c) and (d) above will be removed as ROW Vegetative Debris as outlined in Section 3.2.
Historic Preservation
In certain instances, debris operations may occur in designated areas (for example, DMS locations or private property) that are subject to historical preservation rules and regulations.
Household Hazardous Waste (“HHW”)
The Resource Conservation and Recovery Act (“RCRA”) defines hazardous waste as materials that are ignitable, reactive, toxic, corrosive, or meet other listed criteria. Examples of eligible HHW include items such as paints, cleaners, pesticides, etc. The eligibility criteria for HHW are as follows:
a. HHW must be located within a designated area and be removed from an eligible applicant’s improved property or ROW.
b. HHW removal must be the legal responsibility of the applicant. c. HHW must be a result of a major disaster.
The collection of commercial disaster-related hazardous waste is generally not eligible for reimbursement. Commercial hazardous waste will only be collected by Proposer with written authorization by City. Hazardous waste must be disposed of in accordance with all rules and regulations of local, state, and federal regulatory agencies.
Monitor
Person that observes day-to-day operations of debris removal crews and provides documentation 256
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of contract line items as well as QA/QC of documentation completed in the field. FEMA sets forth guidelines for eligibility. Eligibility determinations are not complete until they are reviewed by QA/QC staff prior to the approval of invoices. Monitor and Proposer must work together to ensure eligible work is being performed meeting the City’s expectations and contractual requirements and complying with all applicable federal, state, and local regulations. May also be referred to as a field inspector.
Personal Protective Equipment (PPE)
Equipment worn to minimize exposure to a variety of hazards.
Recycling
A tree is considered hazardous if its condition was caused by the disaster; it is an immediate threat to lives, public health and safety, or improved property; it has a diameter of six (6) inches or greater measured 4.5 feet above ground level; and one or more of the following criteria are met (according to FEMA Publication 104-009-2):
A stump is defined as hazardous and eligible for reimbursement if all of the following criteria are met. The current eligibility requirements for hazardous hangers according to FEMA Publication 104-009-2 are:
In certain instances, debris operations may occur in designated areas (for example, DMS locations or private property) that are subject to historical preservation rules and regulations The Resource Conservation and Recovery Act (“RCRA”) defines hazardous waste as materials that are ignitable, reactive, toxic, corrosive, or meet other listed criteria. Examples of eligible HHW include items such as paints, cleaners, pesticides, etc. The eligibility criteria for HHW are as follows:
The collection of commercial disaster-related hazardous waste is generally not eligible for reimbursement. Commercial hazardous waste will only be collected by Proposer with written authorization by City. Hazardous waste must be disposed of in accordance with all rules and regulations of local, state, and federal regulatory agencies.
Refrigerant
Ozone-depleting compound that must be removed from white goods or other refrigerant- containing items prior to recycling or disposal.
Right-of-Entry (ROE)
As used by FEMA, the document by which a property owner confers to the City or its Proposer or the U.S. Army Corps of Engineers the right to enter onto private property for a specific purpose without committing trespass.
Right-of-Way (ROW)
The portions of land over which facilities such as highways, railroads, or power lines are built. It includes land on both sides of the facility up to the private property line.
Scale/Weigh Station
A scale used to weigh trucks as they enter and leave a landfill. The difference in weight determines the tonnage dumped and a tipping fee is charged accordingly. It also may be used to determine the quantity of debris picked up and hauled.
Tipping Fee
A fee charged by landfills or other waste management facilities based on the weight or volume of debris dumped. May also be referred to as a disposal fee.
Used Electronics
End-of-life electronics (typically televisions, computers, and related components) that have been 257
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damaged by the disaster. May also be referred to as e-waste.
Vegetative Debris
Damaged and disturbed trees, tree limbs, bushes, shrubs, brush, untreated lumber, and wood products.
Remains of standing trees that are clearly damaged beyond salvage.
White Goods
As outlined in FEMA Publication 104-009-2, eligible white goods are defined as discarded household appliances such as refrigerators, freezers, air conditioners, heat pumps, ovens, ranges, washing machines, dryers, and water heaters. White goods can contain ozone-depleting refrigerants, mercury, or compressor oils that the federal Clean Air Act prohibits from being released into the atmosphere. The Clean Air Act specifies that only qualified technicians can extract refrigerants from white goods before they can be recycled. The eligibility criteria for white goods are as follows:
a. White goods must be located within a designated area and be removed from an eligible applicant’s improved property or ROW.
b. White goods removal must be the legal responsibility of the applicant. c. White goods must be a result of a major disaster.
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SECTION 3. SCOPE OF WORK AND RATE SCHEDULE ITEMS
Proposer shall have the capacity to manage a major workforce with multiple Sub-Contractors and to cover the expenses of a major recovery prior to being paid by City. Established management teams must be in place. Proposer shall have the resources to provide the equipment and personnel necessary to cover a disaster. Upon activation by the City, the Proposer must have the capability to have equipment and operators on site within 72 hours to respond to the incident.
Proposer shall have experience in five (5) debris removal, reduction, and disposal operations in excess of 200,000 cubic yards within the past ten (10) years where the Proposer was the prime Contractor.
It shall be Proposer’s responsibility to load, transport, reduce, and properly dispose of all disaster- generated debris once City issues a Notice to Proceed to Contractor, unless otherwise directed in writing by the City. The City reserves the right to utilize one or more Contractors to remove debris efficiently. The City also reserves the right to utilize different Contractors for various elements including, but not limited to, emergency road clearance, right of way debris removal, and DMS management.
Payment for disposal costs (such as tipping fees) incurred by Proposer at a City-approved final disposal site that meets local, state, and federal regulations for disposal will be reimbursed by City as a pass-through cost. Prior to reimbursement by the City, Proposer must furnish an invoice in hard copy and electronic formats, all scale or load tickets issued by the disposal facility, and proof of Proposer payment to the disposal facility.
The scope of work under this contract includes the following elements:
Emergency Road Clearance
Under this contract, work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to clear and remove debris from City roadways and waterways to make them passable immediately following a declared disaster. All roadways designated by the City shall be clear and passable within a reasonable amount of time as overseen by the City. What constitutes a reasonable period for emergency push operations will be defined by the City at the time of a notice to proceed. This may include roadways in municipalities within the City. Roadways will be cleared as directed by the City. The Proposer shall assist the City and its representatives in ensuring proper documentation of emergency road clearance activities by documenting the type of equipment and/or labor utilized (that is, certification), starting and ending times, and zones/areas cleared. Services performed under this contract element will be compensated using a mutually agreed upon Hourly Labor and Equipment Price Schedule (Schedule 1).
ROW Vegetative Debris Removal
Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs, toll costs, and other associated costs necessary to pick up and transport eligible disaster-related vegetative debris from the City ROW to a City-approved DMS or approved final disposal site in accordance with all federal, state, and local regulations.
a. Vegetative debris in the City ROW is defined as debris resulting from a hurricane or other natural or human-caused disaster, which has been or will be placed along public ROWs, easements, City parks, alleys, City debris staging areas, and other areas as designated by the City.
b. For the purposes of this contract, eligible vegetative debris that is piled in immediate proximity to the actual legal street ROW and that is accessible from the ROW line with loading equipment (that is, not behind a fence or other physical obstacle) will be deemed 259
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to be on the ROW and is to be removed.
c. Proposer will remove vegetative debris as directed by the City. d. All Eligible debris will be removed from each location before proceeding to the next location, unless otherwise directed by City or its authorized representative. e. Proposer must provide traffic control as conditions require or as directed by the City. f. Entry onto private property for the removal of Eligible vegetative debris will only be permitted when directed by the City or its authorized representative. City will provide specific ROE legal and operational procedures.
ROW C&D Debris Removal
Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs, toll costs, and other associated costs necessary to pick up and transport eligible C&D debris from the City ROW to a City-approved DMS or final disposal site in accordance with all federal, state, and local regulations.
a. C&D debris in the City ROW is defined as disaster-generated debris that has been or will be placed along public ROW, easements, City parks, alleys, and City debris staging areas. b. For the purposes of this contract, Eligible C&D debris that is piled in immediate proximity to the ROW and that is accessible from the ROW line with loading equipment (that is, not behind a fence or other physical obstacle) will be deemed to be on the ROW and is to be removed.
c. Proposer will remove C&D debris from the ROW as directed by the City. d. Once the debris removal vehicle has been issued a load ticket from the City’s authorized representative, the debris removal vehicle will proceed immediately to a City-approved DMS or final disposal site as specified by the City. The debris removal vehicle will not collect additional debris once a load ticket has been issued. e. All Eligible debris will be removed from each location before proceeding to the next location, unless otherwise directed by the City or its authorized representative. f. Proposer must provide traffic control as conditions require or as directed by the City. g. Entry onto private property for the removal of Eligible C&D debris will only be permitted when directed by the City or its authorized representative. City will provide specific ROE legal and operational procedures.
h. C&D debris must be monitored for the collection, complete haul, and delivery at the approved DMS or final disposal sites. City or authorized representative will obtain the original copy of the disposal or scale ticket showing the inbound and outbound collection vehicle weights.
Demolition, Removal, Transport, and Disposal of Non-RACM Structures Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs, toll costs, and other associated costs necessary to decommission, demolish, and dispose of eligible non- regulated asbestos-containing material (“non-RACM”) structures on private property within the jurisdictional limits of the City. Under this service, work will include asbestos-containing material (“ACM”) testing, decommissioning, structural demolition, debris removal, and site remediation.
Further, eligible debris generated from the demolition of non-RACM structures, as well as scattered C&D debris on private property, will be transported to a City-approved final disposal site in accordance with all federal, state, and local regulations. 260
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a. Removal and transportation of demolished structures and scattered C&D debris on private property will be performed as identified by the City.
b. Entry onto private property will only be permitted when directed by the City. City will provide specific ROE legal and operational procedures.
c. Proposer is required to strictly adhere to all local, state, and federal regulations (such as obtaining demolition permits) for the demolition, handling, and transportation of non- RACM structures.
d. Decommissioning consists of the removal and disposal of all HHW, used electronics, white goods, and scrap tires from a non-RACM structure at a properly sanctioned facility in accordance with all applicable federal, state, and local regulations. e. Any structurally unsound and unsafe structures will be identified and presented to the City for direction regarding decommissioning.
f. Removal and transportation of eligible non-RACM demolished structures and eligible scattered C&D debris on private property will be performed as directed in writing by the City’s authorized representative.
g. Once the debris removal vehicle has been issued a load ticket from the City’s authorized representative, the debris removal vehicle will proceed immediately to a City-approved final disposal site. The debris removal vehicle will not collect additional debris once a load ticket has been issued.
h. Entry onto private property for the removal of eligible C&D debris will only be permitted when directed in writing by the City or its authorized representative. City will provide specific ROE legal and operational procedures for private property debris removal programs if requested.
Demolition, Removal, Transport, and Disposal of RACM Structures Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs, toll costs, and other associated costs necessary to decommission, demolish, and dispose of eligible RACM structures on private property within the jurisdictional limits of the City. Under this service, work will include ACM testing, decommissioning, structural demolition, debris removal, and site remediation. Further, eligible debris generated from the demolition of structures, as well as eligible scattered C&D debris on private property, will be transported to a City-approved final disposal site in accordance with all federal, state, and local regulations. a. Proposer is required to strictly adhere to all local, state, and federal regulatory requirements (such as obtaining demolition permits, burrito wrapping of debris, etc.) for the demolition, handling, and transportation of RACM structures. b. Decommissioning consists of the removal and disposal of all HHW, e-waste, white goods, and scrap tires from an RACM structure at a properly sanctioned facility in accordance with all applicable local, state, and federal regulations. c. Any structurally unsound and unsafe structures will be identified and presented to the City for direction regarding decommissioning.
d. Removal and transportation of eligible RACM demolished structures and eligible scattered C&D debris on private property will be performed as directed in writing by the City’s authorized representative.
e. Once the debris removal vehicle has been issued a load ticket from the City’s authorized representative, the debris removal vehicle will proceed immediately to a City-approved 261
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final disposal site that accepts RACM debris. The debris removal vehicle will not collect additional debris once a load ticket has been issued.
f. Entry onto private property for the removal of eligible C&D debris will only be permitted when directed in writing by the City or its authorized representative. City will provide specific ROE legal and operational procedures for private property debris removal programs if requested.
DMS Management and Operations
Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs, toll costs, and other associated costs necessary to manage and operate DMS(s) for the acceptance, management, segregation, staging, and reduction of disaster debris. Reduction methods must be approved by the City prior to commencement of reduction activities. DMS layouts and ingress and egress plans must be approved by the City. City may provide Proposer with potential DMS(s).
Proposer will be responsible for documenting the condition of the sites prior to their use as DMS(s), and for returning the DMS(s) to their original condition, abiding by all state and federal environmental regulatory requirements, and the following:
a. If City DMS locations are identified, the Proposer will be provided with the address, Global Positioning System (“GPS”) coordinates, and estimated acreage of each DMS. b. Based on the severity of the disaster, City may require Proposer to locate additional sites to be used as DMS(s). If private sites are identified to be leased, the Proposer may be tasked with executing the lease and could bill these costs to the City as a pass-through cost.
c. The Proposer will be responsible for conducting pre-condition baseline underground water and soil sampling and testing of DMS as well as comparable closeout sampling and testing.
d. DMS(s) operations and remediation must comply with all local, state, and federal safety and environmental standards. Proposer reduction, handling, disposal, and remediation operations must be approved in writing by the City.
e. City reserves the right to inspect the DMS(s), verify quantities, and review operations at any time.
Managing DMS location includes helping to obtain necessary local, state, and federal permits or approval and operating in accordance with all rules and regulations of local, state, and federal regulatory agencies, which may include but are not limited to the U.S. Environmental Protection Agency (“EPA”), California Environmental Protection Agency (“CalEPA”), California Department of Resources Recycling and Recovery (CalRecycle), California Office of Historical Resources, or other State and County agencies. Proposer shall also be responsible for all costs associated with third-party groundwater and soil testing.
a. Debris at the DMS(s) will be clearly segregated and managed independently by debris type (C&D, vegetative, white goods, and other scope of service items), program (ROW collection, private property debris removal, etc.), as outlined in Section 2.10 Description of Designated Area.
b. Proposer is responsible for maintaining the DMS(s) approach and interior road(s) for all weather conditions for the entire period of debris hauling, including provision of crushed concrete for any roads that require stabilization for ingress and egress. c. Proposer is responsible for all associated costs necessary to provide DMS(s) traffic control (for example, traffic cones and staff with traffic flags). d. Proposer is responsible for all associated costs necessary to provide DMS(s) dust control 262
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and erosion control (for example, an operational water truck, silt fencing, and other best management practices).
e. Proposer is responsible for providing twenty-four (24)-hour security at DMS(s). f. Proposer will only permit Proposer vehicles and others specifically authorized by the City or its authorized representative on DMS locations.
g. Proposer is responsible for all associated costs necessary to provide DMS(s) utilities (for example, water, lighting, and portable toilets).
h. Proposer is responsible for all associated costs necessary to provide DMS(s) fire protection (for example, an operational water truck [sufficient and equipped for fire protection], fire breaks, and a site foreman).
i. Proposer is responsible for all associated costs necessary to provide qualified personnel, as well as lined containers or containment areas, for the segregation of visible HHW/contaminants that may be mixed with disaster debris. The cost associated with qualified personnel and lined containers/containment areas for HHW/contaminant segregation is reflected in this scope of work. The City will be responsible for disposing of HHW/contaminant material segregated and stored in lined containers at the DMS(s) j. Proposer shall provide tower(s) from which the City or its authorized representative can make volumetric load calls. The tower provided by the Proposer will meet required minimum specifications, detailed in Section 3.20 Debris Site Tower Specifications. k. Proposer is responsible for operating the DMS(s) in accordance with OSHA, EPA, and CalEPA and CalRecycle guidelines.
l. Upon completion of haul-out activities, the Proposer shall restore the site to its original condition prior to site use at their own expense, abide by all local, state, and federal environmental regulatory requirements, and obtain a written release from the City or its authorized representative. Site remediation will include (but is not limited to) ensuring all debris, mulch, and other residual material is adequately removed, returning the original site grade and other physical features including sodding if necessary. Site remediation will also include returning all utilized sites to their original condition as verified through soil and groundwater samples. Site remediation will abide by all state and federal environmental regulatory requirements and is subject to final approval by the City, CalEPA and/or CalRecycle. Site remediation does not include restoring fencing, concession stands, lighting, and other permanent structures that may have been demolished at the City’s direction for DMS(s) operations.
DMS Management and Reduction by Grinding
a. Under this contract, work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to reduce disaster debris by grinding. Reduction methods are at the discretion of the City. Grinding must be approved by the City prior to commencement of reduction activities.
b. All unreduced disaster debris must be staged separately from reduced debris at the DMS(s).
c. Grinding activities must begin within seven days of the opening of the DMS with adequate equipment available to process the type of debris entering the site and prevent stockpiling of excess debris at the DMS.
d. Proposer must obtain City’s approval to reduce C&D debris. If approved for reduction by the City, C&D debris must be reduced via grinding in order for the City to compensate the 263
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Proposer for reduction. Incineration, mauling or driving over of C&D are not acceptable methods of C&D reduction.
DMS Management and Reduction by Incineration
a. Under this contract, work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to reduce disaster debris by incineration. Reduction methods (controlled open-air incineration and air curtain burning) are at the discretion of the City. Incineration must be approved by the City prior to commencement of reduction activities. b. All unreduced disaster debris must be staged separately from reduced debris at the DMS(s).
Haul-Out of Reduced Debris from DMS to Final Disposal Site a. Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs, and associated costs necessary to load and transport reduced eligible material (such as ash, compacted C&D, or mulch) from a City-approved DMS(s) to a City-approved final disposal site in accordance with all local, state, and federal regulations. b. All unreduced disaster debris must be transported to a final disposal site separately from reduced debris.
c. Proposer shall provide the name and address of each disposal site to be used along with the name and the telephone number of a responsible party for each site, prior to commencing the work.
d. Proposer shall not use any disposal site without the written consent of the City. All costs and fees associated with the disposal of debris shall be reviewed for reasonableness by the City prior to issuing any such authorization.
e. Proposer shall initiate and manage the execution of a written three-party agreement between the disposal site owner/operator, Proposer, and City for permission to post a City inspector at the site for verification of each load disposed. f. Proposer shall provide a sufficient number of debris site towers and/or certified scales meeting City specifications to provide for the efficient delivery of waste streams without excessive wait times. The City shall decide what constitutes an excessive wait time. To the extent that the City determines that additional towers and/or scales are required, additional towers must be operational within forty-eight (48) hours of the City’s request and certified scales must be operational within five (5) business days of the City’s request. g. At the completion of disposal operations, each disposal site will issue a written summary of the quantity, type, and origin of waste delivered.
h. Proposer shall not receive any payment from the City for haul-out or load tickets related to reduced or unreduced debris transported and disposed of at a final disposal site that was not approved by City.
Removal of Hazardous Leaning Trees and Hanging Limbs
Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs, toll costs, and other associated costs necessary to remove all eligible hazardous leaning trees six (6) inches or greater in diameter, measured four and a half (4.5) feet from the base of the tree, and eligible hazardous hanging limbs two (2) inches or greater in diameter at the point of the break and in the City ROW. Further, debris generated from the removal of eligible hazardous leaning trees and eligible hazardous hanging limbs two (2) inches or greater in diameter at the point of the break and in the City ROW will be placed in the safest possible location on the City ROW and subsequently removed in accordance with Section 3.2 of this RFP. Eligible hazardous leaning 264
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trees less than six (6) inches in diameter, measured four and a half (4.5) feet from the base of the tree, will be flush cut, loaded, and removed in accordance with Section 3.2 of this RFP. The City will not compensate the Proposer for cutting leaning trees less than six (6) inches in diameter on a unit rate basis. The collection of all eligible hazardous leaning trees and eligible hazardous hanging limbs must be performed on the same day as the cut work. If there is insufficient room for safe placement along the City ROW, then the Proposer must load the resulting debris as eligible hazardous leaning trees or eligible hazardous hanging limbs as they are removed. a. Eligible hazardous leaning trees will be identified by the City or its authorized representative for removal. Removal and transportation of hazardous leaning trees six (6) inches or greater in diameter on the City ROW or private property will be performed as identified by the City or authorized representative. All disaster-specific eligibility guidelines regarding size and diameter of hazardous leaning trees will be communicated to the Proposer in writing by the City or authorized representative. For hazardous leaning trees to be removed and eligible for reimbursement, the tree must satisfy a minimum of one (1) of the following requirements:
The tree has a broken canopy.
The tree has a split trunk.
The tree has fallen or been uprooted within a public use area. The tree is leaning at an angle greater than thirty (30) degrees. b. Eligible hazardous hanging limbs will be identified by the City or its authorized representative for removal. Removal and placement of eligible hazardous hanging limbs two (2) inches or greater in diameter at the point of the break and on the City ROW or private property will be performed as identified by the City’s authorized representative. All disaster-specific eligibility guidelines regarding size and diameter of limbs will be communicated to the Proposer in writing by the City’s authorized representative. For hazardous hanging limbs to be removed and eligible for payment, the limb must satisfy all of the following requirements:
The limb is two (2) inches or greater in diameter at the point of the break. The limb is still hanging in a tree and threatening a public use area. The limb is located on improved public property.
Removal of Hazardous Stumps
a. Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs, toll costs, and other associated costs necessary to remove all hazardous uprooted stumps two (2) feet or greater in diameter, measured 2 feet from the base of the tree, in the City ROW. Any voids not backfilled immediately following hazardous stump removal must have measures taken in order to protect public health and safety. Further, debris generated from the removal of eligible hazardous uprooted stumps in the City ROW will be placed in the safest possible location on the ROW and subsequently removed in accordance with Section 3.2 of this RFP. Stumps measured two (2) feet from the base of the tree and less than two (2) feet in diameter will be considered normal vegetative debris and will be removed in accordance with Section 3.2 of this RFP. City will not compensate Proposer for removing hazardous stumps less than two (2) feet in diameter on a unit rate basis and instead will be considered normal vegetative debris. The diameter of stumps less than two (2) feet will be converted into a cubic yardage volume based on the published FEMA Stump Conversion Table and will be removed under the terms and conditions of Section 265
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3.2 of this RFP.
b. Eligible hazardous stumps will be identified by the City for removal. Removal and transportation of hazardous uprooted stumps in the City ROW and private property will be performed as identified by the City. All disaster-specific eligibility guidelines regarding size and diameter of hazardous stumps will be communicated to Proposer in writing by the City. For hazardous stumps to be removed and eligible for reimbursement, the stump must satisfy the following requirements:
Over fifty (50) percent of the tree crown is damaged or broken and heartwood is exposed.
Fifty (50) percent or more of the root ball is exposed. The stump is on City ROW and poses an immediate threat to public health, safety, or welfare.
c. Stumps that are not attached to the ground will be considered normal vegetative debris and will be subject to removal under the terms and conditions of Section 3.2. Stumps with less than fifty (50) percent of the root ball exposed shall be flush cut to the ground. The stump portion of the tree will not be removed but the residual debris (that is, tree trunk) will be removed under the terms and conditions of Section 3.2. The cubic yard volume of the unattached stump will be based on the diameter conversion using the published FEMA Stump Conversion Table.
d. The City or its representative will measure and certify all stumps before removal. e. Stumps shall only be collected after the City and the Proposer document and perform the following:
Location – Determine that the uprooted stump is located on improved public property or a public ROW. Record and document the location using photography, map depiction, and specific descriptive notations.
Size – Measure and record the diameter of the stump to be removed at the appropriate location.
Marking – Eligible stumps will be marked and uniquely numbered with green paint.
Ineligible stumps will be marked with red paint.
f. Stump Worksheet – Hazardous Stump Worksheet provided by the monitoring firm(s) will be completed in full for each stump to capture the following information: (1) names and signatures of parties present; (2) physical location (street address, road cross streets, etc.); (3) stump number; (4) size of the stump; and (5) date of stump removal. g. The unit stump price shall include (but not be limited to) stump extraction, stump cavity filling with compacted soils and installation of seed and/or sod, stump hauling, and stump reduction.
ROW White Goods Debris Removal
Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs, toll costs and other associated costs necessary for the collection of white goods from the ROW, removal of refrigerants, transportation to a City-approved DMS, decontamination, and transportation to the City’s approved final disposal site.
a. White goods containing refrigerants must first have such refrigerants removed by the Proposer’s qualified technicians prior to mechanical loading. White goods can be collected without first having refrigerants removed if the white goods are manually placed into a 266
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hauling vehicle with lifting equipment so that the elements containing refrigerants are not damaged.
b. The removal, transportation, and disposal of white goods includes obtaining all necessary local, state, and federal handling permits, and operating in accordance with all local, state, and federal regulatory agencies.
c. There are no disposal fees for residential white goods.
Used Electronics
Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs, toll costs, and other associated costs necessary for the removal, transportation, and proper disposal of eligible used electronics from the ROW to the City-approved final disposal site. Eligible used electronics includes (but is not limited to) disaster-damaged televisions, computers, computer monitors, and microwaves in areas identified and approved by the City. Proposer shall recycle or dispose of all eligible used electronics in accordance with all local, state, and federal regulations.
Household Hazardous Waste Removal, Transport, and Disposal Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs, toll costs, and other associated costs necessary for the removal, transportation, and disposal of HHW. a. The removal, transportation, and disposal of HHW includes obtaining all necessary local, state, and federal handling permits and operating in accordance with all local, state, and federal regulations.
b. The collection methods shall include collection vehicles supplied by the Proposer, which shall be capable of transporting HHW materials from the curb to the approved final disposal sites. All hazardous waste collection personnel shall wear Level D PPE and carry a means of communication (for example, cell phone or radio) for safety and operational purpose. Proposer personnel shall observe all applicable safety requirements for the handling of HHW in accordance with applicable regulations. All HHW shall be examined prior to collection to ensure it is free of other more serious contaminants, including polychlorinated biphenyls (“PCB”). Such serious and non-qualifying non-HHW waste shall be noted and scheduled for separate recovery by the City or Proposer as directed by the City. Debris identified as HHW shall be collected and placed in poly bags for temporary storage during transport to the approved final disposal site. c. Removal of HHW from DMS to approved final disposal site.
Abandoned Vessel and Vehicle Removal
Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs, toll costs, and other associated costs necessary for the removal and haul-out of eligible vessels and vehicles in areas identified and approved by the City. The removed eligible vehicles will be hauled to a City-approved staging area and subsequently disposed of by the appropriate regulatory agency. a. The removal, transportation, and disposal required for abandoned vessel and vehicle removal includes obtaining all necessary local, state, and federal handling permits and operating in accordance with all local, state, and federal regulations.
Animal Carcass Removal and Disposal
Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs, toll costs, and other associated costs necessary for the removal, transportation, and lawful disposal of dead animal carcasses in areas identified and approved by the City to an approved final disposal site.
The carcasses will be hauled to a City-approved staging area and subsequently disposed of by the appropriate regulatory agency.
a. The Proposer will coordinate activities with the appropriate local animal control agency. b. The removal, transportation, and disposal of animal carcasses includes obtaining all necessary local, state, and federal handling permits and operating in accordance with all 267
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local, state, and federal regulations.
Other Debris Removal Work
Neither the Proposer nor any Sub-Contractor shall solicit work from private citizens or others to be performed in the designated work areas during the term of this Agreement. City reserves the right to require Proposer to dismiss or remove from the project any workers as the City sees necessary. Any debris removal vehicles dismissed from the project must have their issued placard removed and destroyed (additional information in Section 3.26 Documentation and Measurement).
Use of Local Resources
Proposer will be able to use their own Sub-Contractor resources to meet the obligations of the contract. FEMA encourages using local resources. The City will establish the extent to which Proposer must use local resources. It is expected that the awarded Proposer will encourage at least thirty (30) percent of Sub-Contractors are resources located within the disaster area, including but not limited to procuring supplies and equipment, awarding subcontracts, and employing workmen at the City’s discretion. Proposer will provide a list of Sub-Contractors with proposal submission.
Working Hours
Working hours of this contract shall only be during daylight hours, Monday through Sunday, or as otherwise directed by the City. No work outside these hours shall be allowed unless approved in advance by the City.
a. Proposer shall conduct debris removal operations that generate noise levels above that normally associated with routine traffic flow during daylight hours only. Work may be performed seven (7) days per week. Adjustments to work hours, as local conditions may dictate, shall be coordinated between the City and the Proposer. Unless otherwise directed, the Proposer must be capable of conducting volumetric reduction operations at DMS locations on a twenty-four-(24)-hour, seven-(7)-day-a-week basis.
Debris Site Tower Specifications
Proposer shall provide as many towers as designated by the City at each disposal site for the use of City representatives during their inspection of dumping operations. a. If ingress and egress of the DMS(s) is of significant distance that the City or its authorized representative are unable to verify the entering and exiting trucks, Proposer may be required to provide a second tower.
b. The inspection platform of the tower shall be constructed at a minimum height of ten (10) feet from surrounding grade to finish floor level, have a minimum eight (8) feet by eight (8) feet of usable floor area, be covered by a roof with two (2) feet overhangs on all sides, and be provided with appropriate railings and a stairway. The platform shall be enclosed, starting from platform floor level and extending up four (4) feet on all four (4) sides. The expense incurred by the Proposer for the construction of towers is an overhead expense considered part of the Proposer’s compensation under the terms and conditions of Section 5 Proposer Compensation.
c. Proposer shall provide a minimum of one (1) portable toilet at each dump site for the use of City authorized representatives during their inspection of dumping operations. The toilet shall be provided prior to start of any dumping operations and will be kept in a sanitary condition by the
d. Proposer throughout dumping operations. The expense incurred by the Proposer for the 268
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operation of portable toilets is an overhead expense considered part of the Proposer’s compensation under the terms and conditions of Section 5 Proposer Compensation. e. Care shall be taken to place tower at a sufficient distance away from any reduction/dumping operations. If necessary, dumping operations may be temporarily suspended by the City due to unsuitable conditions at the tower.
Equipment
a. All trucks and other equipment must comply with all applicable local, state, and federal regulations. Any truck used to haul debris must be capable of rapidly unloading without the assistance of other equipment and must be equipped with a tailgate that will effectively contain the debris during transport and permit the truck to be filled to capacity. b. Sideboards or other extensions to the bed are allowable provided they meet all applicable regulations, cover the front and both sides, and are constructed to withstand severe operating conditions. The sideboards are to be constructed of two (2)-inch by six (6)-inch boards or greater and not to extend more than two (2) feet above the metal bedsides.
Trucks or equipment certified with sideboards must maintain such sideboards and keep them in good repair. To ensure compliance, equipment will be inspected by the City or authorized representative prior to its use by Proposer. c. Trucks or equipment designated for use under this contract shall not be used for any other work during the working hours of this contract. Proposer shall not solicit work from private citizens or others to be performed in the designated area during the period of this contract.
Under no circumstances will Proposer mix debris hauled for others with debris hauled under this contract.
d. Debris shall be reasonably compacted into the hauling vehicle. Any debris extending above the top of the bed shall be secured in place to prevent it from falling off. Measures must be taken to prevent debris from blowing out of the hauling vehicle during transport to an approved DMS or an approved final disposal site.
e. Equipment used under this contract shall be rubber tired and sized properly to fit loading conditions. Excessively large equipment (100 cubic yards and up) and non-rubber-tired equipment must be approved for use on the road by the City. f. Hand-loaded vehicles are prohibited unless pre-authorized in writing by the City following the event. All hand-loaded vehicles will receive an automatic fifty (50) percent deduction for lack of compaction.
g. Proposer shall supply a list of all equipment owned by the proposer with their proposal submittal.
Traffic Control
a. Proposer shall mitigate the effects of their operations on local traffic to the fullest extent practical. The Proposer is responsible for establishing and maintaining appropriate traffic controls in all work areas, including DMS(s) and debris collection sites. b. Proposer shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices at all Proposer work areas to ensure the safety of vehicular and pedestrian traffic. c. Proposer shall provide qualified flag personnel where necessary to direct the traffic and shall take all necessary precautions to protect the designated area and the safety of the public.
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personnel, equipment, and workplace safety. Any notification of a deficiency in traffic control or other safety items shall be immediately corrected by Proposer. No further work shall take place until the deficiency is corrected. Neither the City nor the City’s authorized representative shall sign any additional load or unit rate tickets until the safety item is corrected.
e. Highways, streets, or parts of the designated area closed to through traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours from sunset to sunrise. Suitable warning signs shall be provided by the Proposer to properly control and direct traffic.
f. All barricades, warning signs, lights, temporary signals, other protective devices, flag persons, and signaling devices shall meet the minimum requirements established in the Manual on Uniform Traffic Control Devices for Streets and Highways, Part VI, prepared by the National Joint Committee on Uniform Traffic Control Devices and current at the time bids are received. Traffic control will conform to the State’s most current roadway and traffic design standards and the Federal Highway Administration’s (“FHWA”) Manual on Uniform Traffic Control Devices (“MUTCD”) for Streets and Highways. The foregoing requirements are to be considered as minimum and the Proposer’s compliance shall in no way relieve the Proposer of final responsibility for providing adequate traffic control devices for the protection of the public and Proposer’s employees throughout the designated area.
Damage to Public or Private Property
a. All items damaged as a result of Proposer or Sub-Contractor operations (for example, sidewalks, seating, curbs, pipes, drains, water mains, pavement, mail boxes, and turf) shall be repaired or replaced by the Proposer, at their expense, in a manner prescribed by and at the sole satisfaction of the City. Proposer will be responsible for any invoices submitted to the City (such as by utility companies or landowners) that are determined to be the result of damage done by the Proposer. The City reserves the right to pay any such invoices and deduct the cost from the Proposer’s invoice. Repairs or receipt of repairs shall be completed and submitted to the City prior to submission of the Proposer’s invoice for work accomplished. If the Proposer fails to repair any damaged property, the City may have the work performed and charge the Proposer.
b. The Proposer shall restore all disturbed areas to their original condition, including re- grading, use of rye grass and permanent grass, and any other means necessary. c. Proposer’s failure to restore damage to public or private property to the satisfaction of the City will result in the City withholding retainage money in an amount sufficient to make necessary repairs.
Existing Utilities
a. Some trees and debris that are to be removed under this Agreement may be blocked or entangled with overhead power, telephone, and television cables. In this case, it shall be Proposer’s responsibility to coordinate directly with the utility owners to arrange for the removal of the debris without damage to the overhead and underground utility lines. The Proposer shall pay all such costs to the utility company for any adjustments. b. The Proposer shall make the necessary repairs or pay all costs incurred to repair damaged utilities, as determined by the affected utility company. Repairs to all municipal and privately-owned water and sewer facilities shall be made by the Proposer.
Environmental Protection
a. All chemicals of whatever nature used during project construction or furnished for project operations must be state and federally certified. Their use and disposal of all residues shall strictly comply with instructions.
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b. Proposer shall, at their own expense, ensure that noise and dust pollution is minimized to comply with all local, state, and federal regulations and the approval of the City. Proposer shall comply in a timely manner with all directions of the City regarding the use of a water truck or other approved dust abatement measures.
c. Proposer shall comply with all laws, rules, regulations, and ordinances regarding environmental protection.
Documentation and Measurement
a. Prior to beginning any work, the City or its authorized representative shall clearly number each truck or piece of equipment hauling or loading debris with a placard. All vehicles must be certified by the City or its authorized representative prior to debris collection. If a vehicle is working under multiple contracts or for multiple communities, it must be re- certified by a City authorized representative each time it returns to work from other contracts or communities.
b. Proposer is responsible for ensuring that all Sub-Contractors maintain valid driver’s licenses and equipment legally fit for travel on the road. c. Proposer shall designate one project manager. The project manager shall provide the City with a telephone number at which the project manager can be reached throughout the project.
d. It is the City’s preference to use an electronic system for load tickets. An Automated Debris Management System (“ADMS”) or paper load tickets will be provided by the City or its authorized representative for recording volumes of debris removal. If an ADMS is used a copy of the electronic ticket will be printed for the vehicle operator at the dump site. If paper tickets are to be used each load ticket shall consist of one (1) original and four (4) carbon-copy duplicates and will be distributed as follows:
Load tickets will be issued by a City-authorized representative at the loading site. City will keep one (1) copy of the ticket and give four (4) copies to the vehicle operator.
Upon arrival at the dump site, the vehicle operator will give the four (4) copies to the City-authorized representative at the dump site. Trucks with less than full capacities will be adjusted down by visual inspection; the City-authorized representative present at the dump site will make this determination. The City-authorized representative will validate, enter the estimated debris quantity, and sign the load tickets. City will keep the original copy and the three (3) remaining duplicate copies will be returned to the vehicle operator for the Proposer’s records.
e. Proposer shall give written notice of the location for work scheduled twenty-four (24) hours in advance to the City.
Ownership of Debris
All debris residing in the City ROW and City-provided DMS(s) as a result of the disaster shall be the property of the City until final disposal at a properly permitted disposal site. Proposer shall be responsible removing debris up to the point where debris can only be described as light litter and additional collection can be facilitated only by sweeping and raking. In addition to debris stored on the ROW as the result of road clearing, City will direct residents to place debris in segregated piles along the ROW, separated according to the waste category. There may be a need to perform some curbside separation of the different waste materials. Different waste materials will be collected in separate vehicles and may require disposal at different locations, which will be approved by the City. Any items requiring disposal at special sites shall be required to be monitored for the collection, complete haul, and delivery at the approved special site with the monitor obtaining an original copy of the disposal ticket showing inbound and outbound collection vehicle weights.
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shorter than two (2) feet in length are outside the scope of this contract unless specifically directed by the City. Collection of municipal solid waste (“MSW”) is outside the scope of this contract. All debris outside the scope of the contract handled by the Proposer shall become the property of the Proposer upon collection.
b. It is recognized that C&D debris might contain small amounts of asbestos, lead-based paints, treated wood, or similar materials. CalEPA may issue orders for the classification and disposition of all disaster debris. Based on the mandates of CalEPA and other applicable state and federal reimbursement agencies, the character and disposal of waste streams will be determined. The Proposer and City will establish a final disposal plan based on these mandates.
City Responsibilities
City responsibilities will vary depending on City needs and resources. The City, at a minimum, will be responsible for the following:
a. Coordinating collection activities with the Proposer b. Completing the City service request form
c. Identifying suitable DMS activities
d. Promoting debris management activities
e. Providing educational materials
f. Submitting post-collection DMS(s) data reports to CalEPA and CalRecycle g. Recruiting and coordinating volunteers
h. Coordinating with local police, fire, emergency medical services (“EMS”), and other appropriate agencies
i. Providing emergency contact information
j. Executing the contract with selected Proposer(s)
k. Issuing a written Notice to Proceed at the appropriate time 272
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SECTION 4. EVALUATION AND SELECTION PROCESS
1. City will evaluate proposals using the following criteria:
a. Proposal Requirements and Completeness of Proposal 5 points b. References, Experience, Reputation, and Compliance 30 points Experience and reputation in managing debris removal and disposal projects within state and federal regulations and guidelines
Personnel experience and training
Financial stability
c. Debris Management Services 25 points
Degree of City liability in proposed debris management methods Breadth of service and number of contracts the Proposer can handle Debris management methods and commitment to City debris management preferences
Availability of preferred disposal methods (for example, types of materials planned for reuse and recycling)
Ability to ensure debris is collected, sorted, transported safely, and reduced appropriately
Ability to serve a wide range of project types (for example, permanent facility, one- day event, and mobile collection unit) and community types (for example, rural, urban, and suburban)
d. Responsiveness of Proposal 20 points
Demonstrated understanding of City and City needs
Demonstrated understanding of requirements of the RFP and contract Quality of proposal and impressions of response as it relates to project Additional services, ideas, or products that will benefit City e. Price 20 points
Reasonableness of Cost
2. An evaluation team will review all proposals received to determine the extent to which they comply with the requirements herein. The evaluation team may include representatives from local governments, City, or others with relevant expertise.
3. If a proposal fails to meet a material RFP requirement, the proposal may be rejected. A deviation is material to the extent that the proposal is not in substantial accord with the solicitation. Material deviations cannot be waived. Immaterial deviations may cause a bid to be rejected.
4. Proposals containing false or misleading statements may be rejected if the City regards the information as intentionally misleading regarding a requirement of the RFP.
5. During the evaluation process, City may require a Proposer representative to answer questions regarding the proposal. Proposer’s failure to demonstrate that the claims made in the proposal are true may be sufficient cause for deeming a proposal non-responsive. 273
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SECTION 5. CONTRACTOR COMPENSATION
Schedule 1
Hourly Labor, Equipment, and Material Price Schedule
(Scope of Service Item 1)
Equipment Type With Operator
Estimated
Hours
Hourly Labor
Rate Total
Air Curtain Burner, Self-Contained System
50’ Bucket Truck
Crash Truck w/Impact Attenuator
Dozer, Tracked, D3 or Equivalent
Dozer, Tracked, D4 or Equivalent
Dozer, Tracked, D5 or Equivalent
Dozer, Tracked, D8 or Equivalent
Dump Truck, 16 +/- CY
Dump Truck, 20 +/- CY
Dump Truck, 38 +/- CY
Generator, 5.5 kW, List kW Capacity
Generator, 200 kW, List kW Capacity
Generator, 2,500 kW, List kW Capacity
Light Plant with Fuel and Support
Grader w/12’ Blade (Min. 30,000 LB)
Hydraulic Excavator, 1.5 CY
Hydraulic Excavator, 2.5 CY
Knuckleboom Loader
Lowboy Trailer w/Tractor
Mobile Crane up to 15 Ton
Pump, 95 HP (Minimum 25’ Intake and 200’
Discharge to Include Fuel and Support Personnel)
Pump, 200 HP (Minimum 25’ Intake and 200’
Discharge to Include Fuel and Support Personnel)
Pump, 650 HP (Minimum 25’ Intake and 200’
Discharge to Include Fuel and Support Personnel)
Vac Truck (Mist Capacity), List Capacity
Pickup Truck, 1 Ton
Skid-Steer Loader, 1,500 LB Operating Capacity
(w/ utility grapple)
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Equipment Type With Operator
Estimated
Hours
Hourly Labor
Rate Total
Skid-Steer Loader, 2,500 LB Operating Capacity
(w/ utility grapple)
Compact Track Loader, 1,500 LB Operating
Capacity (w/ utility grapple)
Compact Track Loader, 2,500 LB Operating
Capacity (w/ utility grapple)
Tub Grinder, 800 to 1,000 HP
Hydraulic Excavator, 1.5 CY (w/ thumb)
Hydraulic Excavator, 2.5 CY (w/ thumb)
Truck, Flatbed
Articulated, Telescoping Scissor Lift for Tower, 15
HP/37 FT Lift
Water Truck, 2500 Gal (Non-Potable, Dust Control
and Pavement Maintenance)
Wheel Loader, 3 CY, 152 HP
Wheel Loader, 4.0 CY, 200 HP
Wheel Loader-Backhoe, 1.5 CY, 95 HP
Other – Please List
Labor Category
Estimated
Hours
Hourly Labor
Rate
Hourly
Labor Rate
Operations Manager w/Cell Phone and .5 Ton
Pickup
Crew Foreman w/Cell Phone and 1 Ton Equipment
Truck w/Small Tools and Misc. Supplies in Support
of Crew
Tree Climber/Chainsaw and Gear
Laborer w/Chain Saw
Laborer w/Small Tools, Traffic Control, or Flag
person
Bonded and Certified Security Personnel
Other – Please List
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Crew Category
Estimated
Hours
Hourly Labor
Rate Total
Wheel Loader, 2.5 CY, 950 or Similar w/Operator,
Foreman with Support Vehicle and Small
Equipment, Laborer w/Chain Saw, and 2 Laborers
w/Small Tools
Other – Please List
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SCHEDULE 2 - UNIT RATE PRICE SCHEDULE
Reference to RFP Scope of Services Items 2 to 16. If a Proposer elects to "No Bid" individual service offerings, their proposal may be considered non-responsive by the City.
1 ROW Vegetative Debris Removal
Estimated
Quantity
$ Per
Cubic
Yard
Total $ Per Ton
(Alternate)
Work consists of the collection and transportation of eligible vegetative debris on the ROW or public property to City-approved DMS or City-approved final disposal site.
0 to 15.99 miles 75,000
16 to 30.99 miles 120,000
31 to 60.99 miles 50,000
Greater than 61 miles 5,000
2 ROW C&D Debris Removal
Estimated
Quantity
$ Per
Cubic
Yard
Total $ Per Ton
(Alternate)
Work consists of the collection and transportation of eligible C&D on the ROW or public property to City-approved DMS or City-approved final disposal site as approved by City.
0 to 15.99 miles 25,000
16 to 30.99 miles 35,000
31 to 60.99 miles 15,000
Greater than 61 miles 1,000
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3 Demolition, Removal, Transport and Disposal of Non-RACM Structures Estimated
Quantity
$ Per
Cubic
Yard
Total $ Per Ton
(Alternate)Work consists of the decommissioning, demolition, and disposal of eligible Non-RACM structures on public or private property and hauling the resulting debris to City-approved final disposal site. 0 to 15.99 miles 500
16 to 30.99 miles 500
31 to 60.99 miles 200
Greater than 61 miles 100
4 Demolition, Removal, Transport and Disposal of RACM
Structures Estimated
Quantity
$ Per
Cubic
Yard
Total $ Per Ton
(Alternate)Work consists of the decommissioning, demolition, and disposal of eligible RACM structures on public or private property and hauling the resulting debris to a City-approved final disposal site. 0 to 15.99 miles 500
16 to 30.99 miles 500
31 to 60.99 miles 200
Greater than 61 miles 100
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5 DMS Management and Operations
Estimated
Quantity
$ Per
Cubic
Yard
Total $ Per Ton
(Alternate)
Work consists of managing and operating DMS for acceptance of eligible vegetative disaster-related debris. The costs associated with acquiring, preparing, leasing, renting, operating, and remediating land used as DMS is reflected in this bid.
200,000
6 DMS Management and Reduction by Grinding
Estimated
Quantity
$ Per
Cubic
Yard
Total $ Per Ton
(Alternate)
Work consists of managing and operating DMS for acceptance and reduction of eligible vegetative disaster-related debris through grinding. The costs associated with acquiring, preparing, leasing, renting, operating, and remediating land used as DMS is reflected in this bid.
175,000
7 DMS Management and Reduction by Air Curtain Incineration Estimated
Quantity
$ Per
Cubic
Yard
Total $ Per Ton
(Alternate)
Work consists of managing and operating DMS for acceptance and reduction of eligible vegetative disaster-related debris through air curtain incinerators. The costs associated with acquiring, preparing, leasing, renting, operating, and remediating land used as DMS is reflected in this bid.
25,000
8 Haul-Out of Reduced Debris to Final Disposal Site
Estimated
Quantity
$ Per
Cubic
Yard
Total $ Per Ton
(Alternate)
Work consists of loading and transporting reduced eligible disaster- related debris at City-approved DMS to City-designated final disposal site.
0 to 15.99 miles 10,000
16 to 30.99 miles 15,000
31 to 60.99 miles 25,000
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Greater than 61 miles 20,000
9 Removal of Hazardous Trees and Limbs
Estimated
Quantity
$ Per
Tree Total
Work consists of removing eligible hazardous trees or limbs and placing them on the safest possible location on the City ROW for collection under the terms and conditions of Scope of Services Item 2, Vegetative Debris Removal.
6-inch to 12.99-inch diameter 1,500
13-inch to 24.99-inch diameter 1,000
25-inch to 36.99-inch diameter 750
37-inch to 48.99-inch diameter 300
49-inch and larger diameter 100
Hanger Removal (per Tree) 3,000
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SCHEDULE 2 - UNIT RATE PRICE SCHEDULE CONTINUED
10 Removal of Hazardous Stumps
Estimated
Quantity
$ Per
Stump Total
Work consists of removing eligible hazardous stumps and transporting resulting debris from the ROW to a City approved DMS.
Rate includes removal, backfill of stump hole, reduction, and final disposal. Stumps under 24” in diameter shall be paid at the Proposer’s contracted rate for vegetative debris removal using the FEMA stump conversion table.
24.0-inch to 36.99-inch diameter 500
37-inch to 48.99-inch diameter 250
49-inch and larger diameter 50
11 ROW White Goods Debris Removal
Estimated
Quantity
$ Per
Unit Total
Work consists of the removal of eligible white goods from the ROW to City-approved DMS site or City-approved facility for recycling.
Proposer shall be responsible for recovering/disposing refrigerants as required by law, as well as unit decontamination in a contained area. Proposer shall also be responsible for the transportation of eligible white goods from the City-approved DMS to City-approved facility for recycling.
Refrigerators and freezers requiring refrigerant recovery and decontamination 250
Washers, dryers, stoves, ovens, AC units, and hot water heaters 500 12 Used Electronics Removal
Estimated
Quantity
$ Per
Unit TotalWork consists of the recovery and disposal of disaster-damaged televisions, computers, computer monitors, and microwaves unless otherwise specified in writing by the City.
250
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13 Household Hazardous Waste Removal, Transport, and Disposal Estimated
Quantity
$ Per
Pound TotalWork consists of the collection, transportation, and disposal of HHW from the ROW to a City-approved permitted hazardous waste facility or MSW Type I landfill.
10,000
14 Abandoned Vehicle Removal Estimated
Quantity
$ Per
Unit TotalWork consists of the removal and transport of eligible abandoned vehicles.
Passenger Car 50
Single Axle 25
Double Axle 25
15 Abandoned Vessel Removal Estimated
Quantity
$ Per
Unit TotalWork consists of the removal and transport of eligible abandoned vessels.
Vessels less than 20 linear feet 50
Vessels 21 linear feet and greater 25
16 Dead Animal Carcasses Estimated
Quantity
$ Per
Pound TotalWork consists of the recovery and disposal of dead animal carcasses.
50 Total $ ________________________________
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Attachment F: Health and Safety Strategy
The following attachment provides a basic health and safety strategy. It is not meant to replace site safety plans, tailgate safety briefs or scheduled safety reviews.
Purpose
The purpose of this health and safety strategy is to supplement existing safety guidelines from the Cities, with regards to debris removal activities. These are recommended baseline safety provisions. Ultimately, health and safety are the responsibility of the contracted parties involved in debris removal activities. This document will outline some of the general steps necessary to provide a safe work environment for monitoring firm and debris removal contractors’ employees.
In addition, this document will identify some representative work hazards and the appropriate measures to reduce risk of injury.
1. Dissemination of Information
The monitoring firm and debris removal contractors’ project managers will be provided with this document and will be expected to disseminate the information and guidelines to their respective personnel. A copy of the document should be available for consultation. In addition, elements of the document will be reviewed from periodically during the project to increase worker awareness.
2. Compliance
The monitoring firm and debris removal contractors’ project managers are responsible for health and safety compliance of their respective personnel and subcontractors. Any crews or individuals that are not compliant shall be suspended from debris removal activities until the situation is remedied. Frequent offenders of safety policies and procedures will be dismissed from the project entirely.
3. Job Hazard Assessment
Though debris removal activities are fairly similar among incidents, assessing the particular hazards of each disaster is an important part of maintaining health and safety for the debris removal workers. At a minimum, the following areas of focus should be considered as part of job hazard assessment:
Disaster Debris – Disasters that result in property damage typically generate large quantities of debris which must be collected and transported for disposal. The type of debris varies depending on the characteristics of the region (e.g., terrain, climate, dwelling and building types, population, etc.) and the debris-generating event (e.g. type, event strength, duration, etc.). In addition, the disaster debris produces a host of uneven surfaces, which must be negotiated.
Debris Removal – Often the removal of disaster debris involves working with splintered, sharp edges of vegetative or construction material debris. Many disasters involve heavy rains or flooding. Consequently, disaster debris is damp and heavier than usual. As weights increase, so does the risk of injury.
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Removal Equipment – In most disasters, debris must be removed from the public right- of-way (ROW) to provide access for emergency vehicles and subsequent recovery efforts.
Debris collection and removal requires the use of heavy equipment and power tools to trim, separate and clear disaster debris.
Traffic Safety – The ROW is located primarily on publicly-maintained roads. As a result, much of the debris removal process takes place in traffic of varying levels of congestion.
In addition, disasters often damage road signs, challenging safety on the road. Wildlife Awareness – Disasters are traumatic events for people as well as wildlife.
Displaced animals, reptiles and insects pose a hazard to debris removal workers. Debris Disposal – After disaster debris is collected it is often transported to a Debris Management Site (DMS). Upon entry to a DMS, the monitoring firm will assess the volume of disaster debris being transported. The collection vehicle will then dispose of the disaster debris and the debris will be reduced either through a grinding operation or incineration.
The DMS is a common area for injury. Response and recovery workers in this environment are more likely to be exposed to falling debris, heavy construction traffic, noise levels, dust and airborne particles from the reduction process.
Climate – Debris-generating disasters often occur in areas or seasons with extreme weather conditions. The effects of temperature and humidity on physical labor must be monitored, and proper work-rest intervals must be assessed.
4. Administrative and Engineering Controls
The use of administrative and engineering controls can greatly reduce the threats to public health and safety in debris removal activities. Some common administrative and engineering controls used in the debris removal process are:
Collection Operations
Conduct debris removal operations during daylight hours only. Limit cleanup operations to one side of the road at a time. Limit collection work under overhead lines.
Inspect piles before using heavy equipment to remove them to ensure that there are no hazardous obstructions.
Make sure that all collection vehicles have properly functioning lights, horns and backup alarms.
Load collection vehicles properly (not overloaded or unbalanced). Cover and secure loads, if necessary.
When monitoring the collection process, stay alert in traffic and use safe driving techniques.
Power Tools
Inspect all power tools before use.
Do not use damaged or defective equipment.
Use power tools for their intended purpose.
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Avoid using power tools in wet areas.
Debris Reducing Machinery (Grinders/Wood Chippers)
Do not wear loose-fitting clothing.
Follow the manufacturer’s guidelines and safety instructions. Guard the feed and discharge ports.
Do not open access doors while equipment is running.
Always chock the trailer wheels to restrict rolling.
Maintain safe distances.
Never reach into operating equipment.
Use lock out/tag out protocol when maintaining equipment.
DMS/Disposal Operations
Use jersey barriers and cones to properly mark traffic patterns. Use proper flagging techniques for directing traffic. Monitor towers must not exit into traffic and should have hand and guard rails to reduce trips and falls.
Monitor towers must have properly constructed access stairways with proper treads and risers and proper ascent angle (4:1 height/width ratio). Monitor towers must be surrounded by jersey barriers which protect the tower and monitors from being struck by inbound or outbound collection vehicles. Monitor towers should be located upwind from dust- and particulate generating activities.
A water truck should spray the site daily to control airborne dust and debris.
5. Personal Protective Equipment
Personal Protective Equipment (PPE) is the last resort to providing a safe working environment for workers. PPE does not eliminate or even reduce hazards as administrative and engineering controls do. PPE works to reduce the risk of injury by creating a protective barrier between the individuals and work place hazards.
Proper use of PPE includes using PPE for its intended purpose. For example, using the wrong type of respirator might expose the worker to carcinogenic particulates. Properly fitting the equipment to the user may require examination by a medical professional. PPE that does not fit well will not provide maximum protection and will decrease the likelihood of the individual continuing to use the equipment. In addition, improper use may result in serious injury or death.
The proper use of the equipment is outlined in detail in the manufacturer’s instructions.
The following PPE may be applicable in standard ROW, Right-of-Entry (ROE), and vegetative and construction & demolition debris removal activities:
Head Protection – Equipment designed to provide protection for an individual’s head against hazards such as falling objects or the possibility of striking one’s head against low 285
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hanging objects. PPE used to protect the head must comply with ANSI Z89.1-1986, “American National Standard for Personnel Protection – Protective Headwear for Industrial Workers – Requirements”
Foot Protection – Equipment designed to provide protection for an individual’s feet and toes against hazards such as falling or rolling objects, objects that may pierce the sole or upper section of the foot, etc. PPE used to protect the feet and toes must comply with ANSI Z-41-1991, “American National Standard for Personal Protection – Protective Footwear”
Hand Protection – Equipment designed to provide protection for an individual’s hands against hazards such as sharp or abrasive surfaces. The proper hand protection necessary is dependent upon the situation and characteristics of the gloves. For instance, specific gloves would be used for protection against electrical hazards while the same gloves may not be appropriate in dealing with sharp or abrasive surfaces Vision/Face Protection – Equipment designed to provide protection for an individual’s eyes or face against hazards such as flying objects. PPE used to protect eyes and face must comply with ANSI Z87.1-1989, “American National Standard Practice for Occupational and Educational Eye and Face Protection.” Again, the proper eye/face protection necessary is dependent upon the situation and characteristics of the equipment.
For instance, eye and face protection used by individuals who are welding may not be appropriate for individuals operating a wood chipper
Hearing Protection – Equipment designed to provide protection for an individual’s hearing against prolonged exposure to high noise levels. According to OSHA, the permissible level of sound is an average of 90 decibels over the course of an eight (8) hour work day. Above the sound exposure level, hearing protection is required. PPE used to protect hearing must comply with ANSI S3.19-1974, “American National Standard Practice for Personal Protection – Hearing Protection”
Respiratory Protection – Equipment designed to provide protection for an individual’s respiratory system against breathing air contaminated with hazardous gases, vapors, airborne particles, etc. PPE used to protect the respiratory system must comply with ANSI Z88.2-1992. In addition, the use of respiratory protection requires a qualitative fit test and, in some cases, a pulmonary fit test by a licensed medical professional
6. PPE Debris Removal Activity
PPE requirements are made based upon the results of the job hazards assessment. The following list of PPE equipment is organized by debris removal activity and is meant to be a representative list. Specific PPE requirements vary from location to location. In general, individuals involved in the debris removal process should personally monitor water consumption to avoid dehydration and use appropriate skin protection (breathable clothes, light colors, sunscreen, etc.). Ultimately, the selection of PPE is the responsibility of the monitoring firm and debris removal contractors’ project managers.
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Debris Collection Monitoring
The hazards of disaster debris collection monitoring include, but are not limited to: struck by vehicles, falls or trips on uneven surfaces, cuts, abrasions or punctures from vegetative or C&D sharps. PPE requirements include:
Reflective vest
Foot protection (rugged shoes or boots, steel toe and shank if required) Long pants
Debris Disposal Monitoring
The hazards of disaster debris disposal monitoring include but are not limited to: struck by or caught in/between vehicles, falls or trips on stairs or uneven surfaces, cuts, abrasions or punctures from vegetative or C&D sharps and struck by falling disaster debris. Monitor towers must be equipped with a first aid kit. PPE requirements include:
Reflective vest
Foot protection (rugged shoes or boots, steel toe if required) Long pants
Hard Hat
Debris Removal
The hazards of disaster debris removal include, but are not limited to: struck by vehicles, falls or trips on uneven surfaces, cuts, abrasions or punctures from vegetative or C&D sharps and airborne debris. In addition, PPE requirements include:
Reflective vest
Vision and hearing protection
Foot protection (rugged shoes or boots, steel toe and shank if required) Long pants
Debris Disposal and Reduction
The hazards of disaster debris disposal and reduction include but are not limited to: struck by or caught in/between vehicles, falls or trips on uneven surfaces, cuts, abrasions or punctures from vegetative or C&D sharps, struck by falling disaster debris and airborne particles. PPE requirements include:
Reflective Vest
Foot protection (rugged shoes or boots, steel toe if required) Vision and hearing protection
Long pants
Hard hat
Debris Cutting and Trim Work
The hazards of disaster debris cutting and trimming work include but are not limited to: struck by or caught in/between vehicles, falls or trips on uneven surfaces, cuts, abrasions or punctures from 287
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power tools, vegetative or C&D sharps, struck by falling disaster debris and airborne particles.
PPE requirements include:
Reflective vest
Hand and foot protection (rugged shoes or boots, steel toe if required) Vision and hearing protection
Long pants
Gloves
Hard hat
For additional information regarding health and safety requirements, please contact your supervisor, the Debris Management Group Supervisor or the City Dublin Public Works Department at (925) 833-6630 [INSERT UPDATED NUMBER BASED ON INCIDENT NEEDS].
Or City of Pleasanton Public Works Department at [INSERT UPDATED NUMBER BASED ON INCIDENT NEEDS].
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Attachment G: Sample Debris Management Site Memorandum of Agreement
This Memorandum of Agreement made and entered into this ______ day of ________ ENTER YEAR, by and between (hereinafter “OWNER”), and the City of _____________, California (hereinafter “CITY”) (collectively referred to hereinafter as “the Parties”).
WHEREAS, the CITY has a debris management plan for the removal, reduction, and disposal of large volumes of debris from public property following large scale disasters; and WHEREAS, pursuant to the CITY debris management plan, the CITY may or may not enter into an agreement with one or more contractor(s) to manage and operate the removal, reduction, and disposal of disaster generated debris depending on the severity of the incident; and WHEREAS, OWNER is the owner of a tract of land in ENTER TRACT OF LAND LOCATION (hereinafter “the Property”), more particularly described in Exhibit A attached hereto; and WHEREAS, the CITY has identified the Property owned by OWNER as a suitable location for a Debris Management Site (“DMS”), to be used by the CITY in the event of a disaster necessitating debris removal, reduction, and disposal; and
WHEREAS, the CITY and the OWNER have agreed to cooperate toward establishment of a DMS to be used by the CITY, or its designees, in the event of emergency assistance efforts requiring debris removal, reduction, and disposal in the City.
Now therefore, the Parties agree as follows:
I. PROPERTY
The Property, as shown and identified as DMS on Exhibit A, constitutes approximately ____ acres available for DMS operations. The physical location of the site is:
_____________________________ and is a portion of property owned by OWNER identified as:
____________________ Real Estate ID#: ___________________.
II. TERM
Subject to early termination as permitted by Section V herein below, this Agreement shall be for a term of ____________________ from the date of the Agreement without regard to the Commencement Date (as hereinafter defined).
III. AGREEMENT
OWNER, subject to the terms and conditions set forth herein, hereby agrees to the use of the Property by the CITY for purposes of staging, storing, reducing, and properly disposing of disaster generated debris following a natural or man-made event.
IV. CITY OBLIGATIONS
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a. Obtain, or cause to be obtained, all required local, state, and federal permits for the operation of a DMS;
b. Install, or caused to be installed, if necessary, a temporary access road (of gravel, graded dirt, or other temporary material) for access of debris hauling vehicles to the Property;
c. Manage, or cause to be managed, the DMS during the entire period of CITY use;
d. Remove, or cause to be removed, all debris, vehicles, equipment, and temporary structures located on the property which were placed thereon by the CITY, its employees, agents, contractors, subcontractors, and representatives;
e. Restore, or cause to be restored, the property to the property’s pre-use condition prior to the return of use of property to the OWNER; f. Perform, or cause to be performed, soil testing and abatement of any hazards created on the property as a direct result of CITY use as required under local, state, and federal law prior to the closing of the debris site and return of use of the property to the OWNER;
g. Repair, or cause to be repaired, any damage to the property, including buildings and structures located on the property, caused as a direct result of CITY use of the property; in lieu of making or causing to make repair, the CITY may compensate OWNER for the cost of said repair upon agreement of both parties.