Hayward City Council
May 3, 2022

Tuesday, May 3, 2022
7:00 PM

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chamber and Virtual Platform (Zoom)
City Council
Agenda

May 3, 2022City Council Agenda

CITY COUNCIL MEETING
NOTICE: The City Council will hold a hybrid meeting in Council Chambers and virtually via Zoom.

How to observe the Meeting:

1. Comcast TV Channel 15

2. Live stream https://hayward.legistar.com/Calendar.aspx

3. YouTube Live stream: https://www.youtube.com/user/cityofhayward How to submit written Public Comment:

1. Use eComment on the City's Meeting & Agenda Center webpage at:
https://hayward.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and City staff. Comments received before 3:00 p.m. the day of the meeting will be exported into a report, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda.

2. Send an email to [email protected] by 3:00 p.m. the day of the meeting. Please identify the Agenda Item Number in the subject line of your email. Emails will be compiled into one file, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda. Documents received after 3:00 p.m. through the adjournment of the meeting will be included as part of the meeting record and published the following day.

How to provide live Public Comment during the City Council Meeting:

Click link below to join the meeting:
https://hayward.zoom.us/j/86529095829?pwd=YUdGWEsvTHpGeGwxa1FFK01HbGx4dz09 Meeting ID: 865 2909 5829
Password: HCC5/3@7pm
or
Dial: +1 669 900 6833 or +1 346 248 7799 or 888 788 0099 (Toll Free) Meeting ID: 865 2909 5829
Password: 4860376581
A Guide to attend virtual meetings is provided at this link: https://bit.ly/3jmaUxa CALL TO ORDER: Mayor Halliday
Pledge of Allegiance: Council Member Zermeño

ROLL CALL

CLOSED SESSION ANNOUNCEMENT

May 3, 2022City Council Agenda

PUBLIC COMMENTS
The Public Comment section provides an opportunity to address the City Council on items not listed on the agenda
or Information Items. The Council welcomes comments and requests that speakers present their remarks in a respectful manner, within established time limits, and focus on issues which directly affect the City or are within the jurisdiction of the City. As the Council is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to staff.

CITY MANAGER’S COMMENTS
An oral report from the City Manager on upcoming activities, events, or other items of general interest to Council and the Public.

ACTION ITEMS
The Council will permit comment as each item is called for the Consent Calendar, Public Hearings, and Legislative
Business. In the case of the Consent Calendar, a specific item will need to be pulled by a Council Member in order for the Council to discuss the item or to permit public comment on the item. Please notify the City Clerk any time before the Consent Calendar is voted on by Council if you wish to speak on a Consent Item.

CONSENT
Approve the Special Joint City Council/Hayward Housing
Authority Board Meeting Minutes of the City Council Meeting on April 19, 2022
MIN 22-058

1. Attachments: Attachment I Draft Minutes of 4/19/2022 Adopt a Resolution Endorsing the Alameda County Home
Together 2026 Implementation Plan
CONS 22-2452.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Enter into and Execute an Agreement with LWP Claims Solutions (“LWP”) for Administration of the City of Hayward’s Workers’
Compensation Claims Services
CONS 22-254

3. Attachments: Attachment I Staff Report
Attachment II Resolution

May 3, 2022City Council Agenda
Adopt a Resolution Accepting the Resignation of Mr. Michael Chand from the Keep Hayward Clean and Green Task Force, Effective Immediately
CONS 22-2574.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
Adopt a Resolution Allowing the City Council and Appointed Commissions/Task Forces and Council Committees to Hold
Continued Teleconferenced Public Meetings Pursuant to AB 361
CONS 22-2585.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Exhibit A to Resolution
Adopt a Resolution Approving the Plans and Specifications and Call for Bids for the Willimet Way and I-880 Sanitary Sewer Main Installation Project, Project No. 07717
CONS 22-2626.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
Adopt a Resolution Approving the Plans and Specifications and Calling for Bids for the Sewer Line Improvements Project, Project No. 07761
CONS 22-2657.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map Sewer
Attachment IV Hayward Sewer Cost Estimate

May 3, 2022City Council Agenda
Adopt a Resolution Authorizing the City Manager to Enter Into an Agreement For Vegetation Management Services With
Pacheco Landscape Management, For a Not to Exceed Amount of $263,997 to Support The Hayward Fire Department's
Creation of Defensible Space Project
CONS 22-2748.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Request for Proposal and Services Agreement Attachment IV Grant Award
Adopt a Resolution in Support of Locating a Trauma Center in Southern Alameda County at Washington Hospital’s Morris Hyman Critical Care Pavilion
CONS 22-2799.

Attachments: Attachment I Staff Report
Attachment II Resolution

WORK SESSION
Work Session items are non -action items. Although the Council may discuss or direct staff to follow up on these items, no formal action will be taken. Any formal action will be placed on the agenda at a subsequent meeting in the action sections of the agenda.

Proposed Traffic Impact Fee and Nexus Study (Report from Public Works Director Ameri)
WS 22-01210.

Attachments: Attachment I Staff Report
Attachment II Nexus Study
Attachment III Draft TIF Ordinance

PUBLIC HEARING
603 A Street: Adopt a Resolution to Vacate a Public Utilities Easement at 603 A Street (Report from Public Works Director Ameri)
PH 22-02311.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Public Utilities Easement
Attachment IV Site Plan with PUE
Attachment V RES 22-077

May 3, 2022City Council Agenda

LEGISLATIVE BUSINESS
Strategic Roadmap Update: Adopt a Resolution Approving the Updated Strategic Roadmap for the FY2023 Budget (Report from City Manager McAdoo) Continued from April 26, 2022 LB 22-01112.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Strategic Roadmap for Adoption
Attachment IV Retreat Summary
Stack Center Construction Update: Adoption of Resolutions Accepting a $2,647,000 CalTrans Grant, and Authorizing the City Manager to Execute a Contract Amendment with
RossDrulisCusenbery Architecture for Project Phasing,
Not-to-Exceed $377,800 (Report from City Manager McAdoo) LB 22-01213.

Attachments: Attachment I Staff Report
Attachment II Resolution for Grant Acceptance
Attachment III Resolution for RDC Contract Amendment
Attachment IV Phase I Boundary and Renderings

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Members can provide oral reports on attendance at intergovernmental agency meetings, conferences, seminars, or other Council events to comply with AB 1234 requirements (reimbursable expenses for official activities).

COUNCIL REFERRALS
Council Members may bring forward a Council Referral Memorandum (Memo) on any topic to be considered by the entire Council. The intent of this Council Referrals section of the agenda is to provide an orderly means through which an individual Council Member can raise an issue for discussion and possible direction by the Council to the appropriate Council Appointed Officers for action by the applicable City staff.

ADJOURNMENT
NEXT SPECIAL MEETING, Saturday, May, 14, 2022

May 3, 2022City Council Agenda

PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their remarks to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time. Speaker Cards are available from the City Clerk at the meeting.

PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.

PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or [email protected].

Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 22-058
DATE: May 3, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Special Joint City Council/Hayward Housing Authority Board Meeting Minutes of the City Council Meeting on April 19, 2022

RECOMMENDATION
That the Council approves the Special Joint City Council/Hayward Housing Authority Board meeting minutes of April 19, 2022.

SUMMARY
The City Council and Hayward Housing Authority Board held a meeting on April 19, 2022.

ATTACHMENTS
Attachment I Draft Minutes of April 19, 2022
CITY OF HAYWARD Printed on 4/29/2022Page 1 of 1
powered by Legistar™

SPECIAL JOINT CITY COUNCIL/HAYWARD HOUSING AUTHORITY BOARD

MEETING
777 B Street, Hayward, CA 94541
Council Chamber and Virtual Platform (Zoom)
https://hayward.zoom.us/j/89252957539?pwd=OTB4R1JiNWtSejFCWjNBU0tvTk90QT09 Tuesday, April 19, 2022, 7:00 p.m.

The Special Joint City Council/ Hayward Housing Authority Board meeting was called to order by Mayor/Chair Halliday at 7:03 p.m. The City Council will hold a hybrid which included in- person and teleconference participation by members of the City Council, staff and public.

Pledge of Allegiance: Council/HHA Member Salinas

ROLL CALL

Present:

Council Chamber: Council/HHA Members Lamnin, Zermeño, Salinas Mayor/Chair Halliday
Virtual Platform (Zoom): Council/HHA Members Andrews, Wahab

Absent: Council/HHA Member Márquez

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed session on April 19, 2022, at 5:00 p.m., with Council Member Márquez absent regarding three items: (1) Conference with legal counsel pursuant to Government Code section 54956.9 concerning J.B. (Jamaine Barnes, Jr.) v. City of Hayward , U.S.D.C., N.D. CA, No. 3:20-cv-09245-jsc (SK); (2) conference with labor negotiators pursuant to Government Code section 54957.6 concerning Hayward Firefighters Association, Local 1909; and (3) conference with property negotiators p ursuant to Government Code section 54956.8 concerning Caltrans Parcel Group 5, Maitland Drive, Bunker Hill Court, Bunker Hill Boulevard and Central Boulevard; APNs: 445 -0250-041-01, 445-0260-084-03, 445 -0260- 018-04, 445 -0270-054-02, 445 -0250-060-00, 445-0250-059-01, 445 -0260-109-04, 445 - 0260-018-03, 445 -0260-109-03, 445-0260-002-00. City Attorney Lawson announced the City Council approved, with Council Member Salinas movin g, Council Member Zermeño seconding and Council Member Márquez absent, settlement of Barnes v. City of Hayward, a pending lawsuit, in the amount of $275,00 0. City Attorney Lawson indicated there was no reportable action related to Items 2 and 3. It was noted Item No. 3 was on the regular agenda for Council consideration and possible action. The closed session adjourned at 6:20 p.m.

PRESENTATIONS

Mayor Halliday read a proclamation declaring the week of Apri l 24 to 30, 2022 as National Crime Victims' Rights Week in the City of Hayward . Ms. Maninder “Maddie” Bains, Victim/Witness Advocate with the Alameda County District Attorney’s Office and the Victim/ Witness Division of East County Hall of Justice accepted the proclamation and thanked the City Council for such recognition.

Mayor Halliday read a proclamation declaring April 2022 as Fair Housing Month in the City of Hayward. Ms. Tina Hand, Local Government Relations Committee member with Bay East 2 | A p r i l 19 , 202 2
Association of Realtors accepted the proclamation and thanked the City Council on behalf of her organization. Ms. T anya Corona, Housing Counselor with ECHO Housing accepted the proclamation and thanked the City Council for such recognition.

Mayor Halliday announced the City of H ayward’s Annual Student Earth Day Poster and Writing Co ntest A wards presentation, noted 2022 marked the 39th year of H ayward’s celebration of Earth Day, and added the City would be hosting its annual Citywide Clean-up Day on April 23rd at Weekes Park. Mayor Halliday noted 464 entries had been received from 37 Hayward schools, and thanked staff from Environmental Services and the judges from the Hayward Arts Council who evaluated and selected the w inners. Council Member Zermeño, also a member of the City Council Sustainability Committee, announced the winners of the Earth Day Poster and Writing Contest for grades kindergarten through high school. Second place winners recei ved a $150 gift corticate and first place winners received a $ 200 gift certificate. Council Member Zermeño also gave recognition to teachers of essay and p oster winners. Each teacher with a first-place poster or writing winner received a $100 gift certificate and for second place a $75 gift certificate. Mayor Halliday d rew names for two bonus prizes of $200 each. All stud ents, teachers, and families were congratulated for their participation.

PUBLIC COMMENTS

There were none.

CITY MANAGER’S COMMENTS

There were none.

CONSENT

1. Approve the City Council Minutes of the City Council Meeting on April 5, 2022 MIN 22- 044
It was moved by Council Member Salinas, seconded by Council Member Zermeño, and carried unanimously, to approve the minutes of the City Council meeting on April 5, 2022.

2. Adopt Resolutions Approving an Extensi on of the Citywide Community Workforce Agreement with the Building and Construction Trades Council of Alameda County to December 6, 2022, and Authorizing the City Manager to Execute an Amendment to t he Agreement with Workforce Integrity and Training Solutions for Labor Compliance Coordination Services by $100,000 for a Total Not-to-Exceed Amount of $172,000 CONS 22-202

Staff report submitted by Director of Public Works Ameri, dated April 19, 2022, was filed.

It was moved by Council Member Salinas, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolutions.

SPECIAL JOINT CITY COUNCIL/HAYWARD HOUSING AUTHORITY BOARD

MEETING
777 B Street, Hayward, CA 94541
Council Chamber and Virtual Platform (Zoom)
https://hayward.zoom.us/j/89252957539?pwd=OTB4R1JiNWtSejFCWjNBU0tvTk90QT09 Tuesday, April 19, 2022, 7:00 p.m.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Márquez
ABSTAIN: None

Resolution 22-080, “ Resolution Approving an Extension of the Citywide Community Workforce Agreement with the Building and Construction Trades Council of Alameda County to
December 6, 2022”

Resolution 22-081, “Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Workforce
Integrity and Training Solutions for Labor Compliance
Coordination Services by $100,000 for a Not-to-Exceed Amount of $172,000 Related to th e Citywide Communit y Workforce Agreement”

3. Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Mobile Modular (Formerly Design Space Modular) to Extend Rental of Modular Structures by an Additional 9 -Months at a Co st of $53,500 for a Not-to-Exceed Amount of $228,500 for the Temporary Fire Station 6 CONS 22-204

Staff report submitted by Director of Public Works Ameri, dated April 19, 2022, was filed.

It was moved by Council Member Salinas, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Márquez
ABSTAIN: None

Resolution 22-082, “Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Mobile Modular (Formerly Design Space Modular) to Extend Rental of Modular Structures by an Additional 9 Months at a Cost of $53,500 for a Not-to-Exceed Amount of $228,500 for the Temporary Fire Station 6”
4 | A p r i l 19 , 202 2

4. Adopt a Resolution Authorizing the City Ma nager to Execute a Professional Services Agreement with Kittelson & Associates, Inc., for Transportation Planning Services for Development of the City o f Hayward's Local Road Safe ty Plan, Project 05738, i n an Amount Not-To-Exceed $90,000 CONS 22-205

Staff report submitted by Director of Public Works Ameri, dated April 19, 2022, was filed.

It was moved by Council Member Salinas, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Márquez
ABSTAIN: None

Resolution 22-083, “ Adopt a R esolution Authorizing the City Manager to Execute a Professional Services Agreement with Kittelson & Associates, Inc., for Transportation Planning Services for the Local Road Safety Plan, Project 05738, in an Amount Not- to-Exceed $90,000”

5. Adopt a Resoluti on Authorizing the C ity Manager to Execute an Agreement with Day Wireless Systems for Conversion of the Station Alerting System for all Fire Stations to Make All Systems Compatible with the System at the New Fire Station 6/Fire Training Center, in an Amount Not-To-Exceed $300,000 CONS 22-206

Staff report s ubmitted by Fire Chief Contreras and Director of Public Works Ameri, dated April 19, 2022, was filed.

It was moved by Council Member Salinas, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Márquez
ABSTAIN: None

Resolution 22-084, “Resolution Authorizing the City Manager to Execute an Agre ement with Day Wireless Systems for
Conversion of all Fire Station Alerting Systems to Make Them Compatible with the New Alerting System at the Fir e Station 6/Fire Training Center in an Amount Not-to-Exceed $300,000”

SPECIAL JOINT CITY COUNCIL/HAYWARD HOUSING AUTHORITY BOARD

MEETING
777 B Street, Hayward, CA 94541
Council Chamber and Virtual Platform (Zoom)
https://hayward.zoom.us/j/89252957539?pwd=OTB4R1JiNWtSejFCWjNBU0tvTk90QT09 Tuesday, April 19, 2022, 7:00 p.m.

6. Adopt Resolutions Authorizing the City Manager/Housing Authority Executive Director to Execute a Second Amendment to the Disposition, Development, and Loan Agreement with Habitat for Human ity East Bay to Extend the Development Schedule for the Property Located at 123-197 A Street (A & Walnut/Sequoia Grove) CONS 22-207

Staff report submitted by Assistant City Manager Ott, dated April 19, 2022, was filed.

It was moved by Council/HHA Member Salinas, seconded by Council/HHA Member Zermeño, and carried by the following roll call vote, to adopt the resolutions.

AYES: COUNCIL/HHA MEMBERS Andrews, Lamnin, Salinas,
Wahab, Zermeño
MAYOR/CHAIR Halliday
NOES: None
ABSENT: COUNCIL/HHA MEMBER Márquez
ABSTAIN: None

Resolution 22-085, “Resolution Authorizing the City Manager to Negotiate and Exe cute an Aff ordable Ho using Cooperation Agreement Between the Ho using Authority of the City of Hayward and the City of Hayward”

Hayward Housing Authority Resolution 22-01, “ Resolution Authorizing the Executive Director to Negotiate and Execute an Affordable Housing Cooperation Agreement Between the
Housing Authority of the Ci ty of Hayward and the City of Hayward”

Hayward Housing Authority Resolution 22-02, “Resolution of the Housing Authority of the City of Hayward Authorizing Execution of a Second Amendment to the Disposition, Deve lopment, and Loan Agreement for the a & Walnut/Sequoia Grove Habitat for Humanity Housing Development”

7. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Health Care Services Agency for Fiscal Year 2022 Through 2023 and to Accept and Appropriate Between $350,00 0 and $450,000 in Reimbursement for Medi - Cal Administrative Activity Services Provided by the City of Hayward CONS 22-209

Staff report submitted by Police Chief Chaplin, dated April 19, 2022, was filed.
6 | A p r i l 19 , 202 2

It was moved by Council Member Salinas, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Márquez
ABSTAIN: None

Resolution 22-086, “Resolution Authorizing the City Manager to Execute a Fiscal Year 2022 Through 2023 Agreement with the Alameda County Health Care Services Agency to Acce pt and Appropriate Between $ 350,000 and $45 0,000 in Monetary Reimbursement for Medi -Cal Adminis trative Activity Services Provided by the City of Hayward”

8. Adopt a Resolution Authorizing the City Manager to Apply as Joint Applicant with EAH, Inc for the Cali fornia St ate Department of Housing and Com munity Development California Housing Accelerator Program CONS 22-211

Staff report submitted by Housing Division Manager Morales and Assistant City Manager Ott, dated April 19, 2022, was filed.

It was moved by Council Member Salinas, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Márquez
ABSTAIN: None

Resolution 22-087, “Resolution Authorizing the City Manager to:
1) Apply for an Award from the California Housing Accelerator Program from the California State Department of Housing and Community Housing Accelerator Program; 2) Ent er into a Standard Agreement with the California State Department of Housing and Community Developmen t California Housing
Accelerator Program; and 3) Accept an Amount Not to Exceed $50 Million to Support the Pimentel Place Development for 57 Units of Affordable Housing”

SPECIAL JOINT CITY COUNCIL/HAYWARD HOUSING AUTHORITY BOARD

MEETING
777 B Street, Hayward, CA 94541
Council Chamber and Virtual Platform (Zoom)
https://hayward.zoom.us/j/89252957539?pwd=OTB4R1JiNWtSejFCWjNBU0tvTk90QT09 Tuesday, April 19, 2022, 7:00 p.m.

9. Adopt a Resolution Authorizing th e City Manager to Execute an Agreement with Advocates for Human Potential, Inc. to Accept $389,260 in Grant Fundin g for the Behavioral Health Justice Intervention Services Project and Appropriate the Funds to the Federal Grants Special Revenue Fund for the Hayward Evaluation and Response Teams Program CONS 22-214

Staff report submitted by Assistant City Manager Ott, dated April 19, 2022, was filed.

It was moved by Council Member Salinas, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Márquez
ABSTAIN: None

Resolution 22-088, “Resolution Authorizing the City Manager to Execute an Agreement with Advocates for Human Potential Inc. to Accept $389,260 in Grant Funding for the Behavioral Health Justice Intervention Services Project and Appropriate the Funding to the Federal Grants Special Revenue Fund”

10. Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Existing Professional Services Agreement with Federal Engineering to Expand the Scope of Work to Include Research Related to the Hayward Evaluation an d Response Team Program and to Increase the Contract Amoun t by $47,800, Not -To-Exceed $112,722 CONS 22-215

Staff report submitted by Management Analyst Gallagher, dated April 19, 2022, was filed.

It was moved by Council Member Salinas, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Márquez
ABSTAIN: None

8 | A p r i l 19 , 202 2
Resolution 22-089, “Resolution Authorizing the City Manager to Execute an Amendment to th e Existing Pr ofessional S ervices Agreement with Fede ral Engineering to Expand the Scope of Work to Include Research Related to the Hayward Evaluation and Response Teams P rogram and to Increase the Contract Amount by $47,800, Not-to-Exceed $112,722”

11. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Vegetation Management Contract for Specific City Owned and Maintained Properties with Joe’s Landscape and Concrete for a Total Not-to-Exceed Amount of $315,000 CONS 22-219

Staff report s ubmitted by Maintenance Services Director Rullman, dated April 19, 2022, was filed.

It was moved by Council Member Salinas, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Márquez
ABSTAIN: None

Resolution 22-090, “Resolution Authorizing the City Manager to Negotiate and Execute a Vegetation and Rubbish Management Contract for Specific City Owned and Maintained Properties with Joe’s Landscape and Concrete for a Total Not-to-Exceed Amount of $315,000”

12. Adopt a Resolution Approving Plans and Specifications and Calling for Bids for a Trash Capture Device Installation on Cotter Way, Project No. 07675 CONS 22-220

Staff report submi tted by Public Works Director Ameri, dated April 19, 2022, was filed.

It was moved by Council Member Salinas, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Márquez
ABSTAIN: None

SPECIAL JOINT CITY COUNCIL/HAYWARD HOUSING AUTHORITY BOARD

MEETING
777 B Street, Hayward, CA 94541
Council Chamber and Virtual Platform (Zoom)
https://hayward.zoom.us/j/89252957539?pwd=OTB4R1JiNWtSejFCWjNBU0tvTk90QT09 Tuesday, April 19, 2022, 7:00 p.m.

Resolution 22-091, “ Resolution Approving Plans and
Specifications and Calling for Bids for a Trash Capture Device Installation on Cotter Way, Project No. 07675”

13. Adopt a Resoluti on to Execute a Side Letter Agreement Amending the Memoranda of Understanding between the City of Hayward Local IAFF 1909 to Adjust the 56 -Hour Work Schedule CONS 22-249

Staff report submitted by Fire Chief Contreras dated April 19, 2022, was filed.

It was moved by Council Member Salinas, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Márquez
ABSTAIN: None

Resolution 22-092, “ Resolution to Execute a Side Letter Agreement Amending the Memoranda of Understanding
Between the City of Hayward Local IAFF 1909 to Adjust the 56- Hour Work Schedule”

PUBLIC HEARING

14. Sale and Development of Parcel Group 5, Bunker Hill: Proposed Development of a New Residential Subdivision with 74 New Single-Family Homes and Eighteen Accessory Dwelling Units and R elated S ite Improvements Requirin g: (1) Int roduction of an Ordinance Approving the Zone Change to Planned Development District, as well as Adoption of a Resolution Approving the Vesting Tentative Tract Map (8637), Application No. 202003054; and (2) Adoptio n of a Resolution Approving the Government Code Section 52201 Summary Report for the Project, and Authorizing the City Manager to Negotiate and Execute a Disposition and Development Agreement with Trumark Properties, LLC for Transfer of Specified City Owne d Properties, Consistent with Prior California Environmental Quality Act (CEQA) Determinations PH 22-021

Staff report submitted by Assistant City Manager/ Development Services Director Ott, dated April 19, 2021, was filed.

10 | A p r i l 19 , 202 2
Assistant City Manager Ott announced the re port and introduced Acting Principal Planner Schmidt who provided a synopsis of the staff report including the background for Route 238 Corridor Lands Development project; the proposed project ; architectural site pla n; architectural sample elevations ; pedestrian, bicycle, and ve hicular connectivity ; Foothill trail; affordable hou sing plan; zone change ; CEQA ; and Planning Commission recommendation.

Acting Principal Planner Schmidt noted staff received additional public comments from the Friends of th e San Lorenzo Creek (FSLC) after publication of the staff report and outlined the main points of the corresponden ce and the responses provi ded which included the proximity of th e proposed development to the riparian co rridors, California Nativ e plantings, removal of trash and debris in riparian ar eas, storm drain design and maintenance, repair of existing old storm drain pipes in the cre ek bed, replacement of an old road that washed out in the area, repair of holes in the creek bed, access to the creek for trail connections, and invasive ivy growing in the riparian areas.

Transportation Planner Chang spoke about traffic calming and transportation demand management measures for the project.

Assistant City Manager Ott provided an overview of the Dispositio n and De velopment Agreement.

Discussion ensued among members of the City Council and City staff regarding:
there was no sidewalk along a southern section of C entral Bouleva rd; speed limits f or public stre ets being established by State re gulations and options for p rivately owned streets were more flexible; inclusion of a measure to prev ent making an illegal left t urn from Bunker Hill to Carlos Bee Boulevard or an illegal U-turn on Carlos Bee Boulevard and limitations with a median on Carlos Bee Bo ulevard; flashing beacon lights; safer pedestrian connectivity opportunity at the signalized interse ction near O verlook Drive; and communications with Friends of the San Lorenzo Creek.

Ms. Pamela Salas Nieting , Director of Community De velopment and Mr. Garrett Hinds , Director of Architecture with the project applicant Trumark Homes, provided an overview of the project including: partnership with the community which incorporated a dog friendly park, removal of parking space, and consideration of new trees onsite and offsite ; design fundamentals (Climate Action Plan, e nvironmental sustainability, and resilience); site plan evolution which created pedestrian, bicycle, vehicular and trail access connectivity ; and architecture rendering of proposed homes by design and affordable housing programming.

Mayor Halliday opened the public hearing at 9:17 p.m.

Community members thanked Trumark H omes for the partnership and addressing community concerns and thanked City staff for keeping the community info rmed throughout the development process.

SPECIAL JOINT CITY COUNCIL/HAYWARD HOUSING AUTHORITY BOARD

MEETING
777 B Street, Hayward, CA 94541
Council Chamber and Virtual Platform (Zoom)
https://hayward.zoom.us/j/89252957539?pwd=OTB4R1JiNWtSejFCWjNBU0tvTk90QT09 Tuesday, April 19, 2022, 7:00 p.m.

Ms. Mary Anne Higgs, Hayward resident who also lives adjacen t to Parcel 5, spoke in favor of the proposed project because it met City requirements and also requests from the community; she stressed how collaborative Trumark had been with the community.

Ms. Debbie Frederick, Bunker Hill resident, noted the representation of homes was more of warehouses, pointed out that Item 26 under Landscape (Attachment III, Exhibit 1a, page 4) captured the wrong tree belonging to the wro ng lot , and added that current traffic conditions were unsafe, and motorists wo uld take shortcuts through her n eighborhood down Westview to get to Mission Boulevard.

Mr. Thomas Birt , Bunker Hi ll Court resident, expressed support for the project , noted Trumark had adjusted a house to address view concerns, and urged Council’s approval.

Ms. Bernadette Birt, Parcel 5 re sident, thanked the Hayward Police Department for responding to calls related to safety concerns in the parcel area, and ur ged Council to endorse the proposed project.

Mr. Bruce King, with Friends of the San Lorenzo Creek (FSLC), thanked staff for addressing questions from FSLC; and expressed concern for the creeks by sharing pictures of creeks filled with debris and sediment, an outfall from a water treatment system which goes to the edge of the riparian canopy creating a problem of watering the invasi ve ivy on the hillside, and broken drainpipes that were in disrepair.

Ms. R. Parr, Hayward resident, stated the flat roof design was not suitable to climate change and would be problematic duri ng period s of heavy r ain, shared traffic concerns and suggested the road should be pushed out to Harder Road, noted traffic from Hayward Boulevard and Campus Drive go down to residential neighb orhoods in the flat lands which creates traffic challenges, and urged Council to reconsider the project.

Mr. Steven Dunbar, Bike East Bay representative, noted sidewalk infrastructure was more important than additional parking, stated he would send an email to address concerns regarding traffic calming, access to the bike trails, crosswalks, stair rails for bike access to the bike ra cks, and further extension of the Hayward Hills Trail . He also noted that Assembly Bill 43 modified State law regarding lowering speed limits under cert ain circumstances.

Mayor Halliday closed the public hearing at 9:38 p.m.

Council Member Zermeño thanked Mr. Bruce Kin g for his comment related to the creeks and suggested also engaging Caltrans, noted the proposed project included more positive attributes such as the coll aboration bet ween the developer and the community , the architecture of the homes , and uniqueness of the project . Negative characteristics included 12 | A p r i l 19 , 202 2
removing too many t rees, lack of pedestrian connectivity between the lower and upper parts of the development , additional parking spaces instead of a sidewalk, and getting pedestrians across Carlos Bee Boulevard safely without a traffic light at Carlos Bee Boulevard.

Assistant City Manager Ott stated the proximity to already existing streetlights did not make it possible to ha ve a traffic light on Carlos Bee Boulevard but would work with staff and the developer to consider safety improvements in the area.

Council Member Zermeño made a motion to move staff’s recommendation with proposed improvements.

Council Member Salinas seconded the motion.

Council Member Salinas stated the project was a two-year process with Trumark Homes and the neighborhoo d engaged throughout the process ; noted traffic coming down Hayward B oulevard, cross ing Mission B oulevard, an d into Or chard was horrendous and urged staff to rethink the roundabout; encouraged staff to explore Assembly Bill 43 for any flexibility it may provide to help reduce speed ; acknowledged the concern with debris in the creeks noting that would get addressed ; and was pleased with the render ings and Accessory Dwelling Units (ADUs) of the project which would enhance the parcel.

Council M ember Andrews appreciated T rumark Homes ’ outreach to the community; received reassurance from Mr. Garrett Hinds the flat roofs did not present a problem with water intrusion as rain could be collected into barrels similar t o composite roof s; acknowledged roof decks would be an amenity to some residents; urged the developer to continue to incorporate designs matching surrounding neighborhoods to create a cohesive community; requested that staff provi de an upda te on AB 43 and its possible impact to current and future projects; shared the concern with removal of trees but was glad that the trees proposed to be remo ved would be replaced with new ones; confirmed with the developer that Ms. Frederick’s concern would be addressed by revisiting the London Plain tree on Lot 14 to determine the feasibility for preserving it; and was pleased with the inclusion of 18 ADUs.

Council Member Wahab expressed support for the rooftop design element ; emphasized traffic concerns with increased speeding, the slope of the roadwa y and urged staff to increase safety precautions through sig nage; was reassured by staff that environmental concerns raised by Mr. King about the creek and traffic impacts to prioritize safety would be addressed by City staff and the developer; noted the proposed site should be as walkable as possible; commended staff f or working with developer and the community; asked staff to highlight the affordable housing component of the project; was of the opinion tha t ADUs should be restricted to a ffordability; suggested the management agent partner with CSUEB to provide a housing opt ion to students or teachers; and was glad the city was str iving to create something different with each development.

SPECIAL JOINT CITY COUNCIL/HAYWARD HOUSING AUTHORITY BOARD

MEETING
777 B Street, Hayward, CA 94541
Council Chamber and Virtual Platform (Zoom)
https://hayward.zoom.us/j/89252957539?pwd=OTB4R1JiNWtSejFCWjNBU0tvTk90QT09 Tuesday, April 19, 2022, 7:00 p.m.

Council Member Lamnin applauded the development for being thoughtful highlighting the sureties with in the Disposition and De velopment A greement; was please d with th e engagement and col laboration with the comm unity, the de veloper and staff ; asked to consider a painted stair case as a way to include public art; suggested to add land acknowledgement related to the Muwekma Ohlone T ribe to informational signs or placards; asked to explore a smoother transition to the pathway; appreciated the project was built by design to include a low-income housing option through ADUs; suggested that the Homeowners’ Association could work with Pioneers for H ope at CSUEB for housing placement; suggested that new residents at the project development site could become members of FSLC; mentioned that paid in-lieu fee s should be prioritized for o wnership projects and review the City’s policy; and asked th at the amend ments provided by staff be included in the motion.

Council Members Zerme ño and Salinas confirmed they were amenable to accepting staff’s amendments: 1) amend Attachment IV, first paragraph on Page 4 , by changing the word “eight” to “eighteen” in reference to the number of ADUs; and 2) amend Attachment V, Section III – Cost of Agreement - on Page 3, by deleting the last sentence, “The City has not incurred any demolition costs.”

Mayor Halliday echoed the comments of her colleagues about the area and its development; appreciated the collaboration a mong the developer, community and staff; thanked the individuals who halted the construction of the F oothill project ; noted that more money should be placed into making homes greener and more sustainable; noted that flat surfaces could be improved with textures that softe n up the appear ance of buildings; suggested lobbying the State l egislature to add more communities like Hayward to the list of the bill that would allow the use of speed cameras; commented the A DUs in the proposed project were useful ways to provide needed housing ; and concurred with the suggestions to improve the project.

It was moved by Council Member Zermeño, seconded by Council Member Salinas, and carried by the following roll call vote, to introduce the ordinance and adopt the resolutions with two amendments.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Márquez
ABSTAIN: None

14 | A p r i l 19 , 202 2
Introduction of Ordinance 22-, “An Ordinance Amending Chapter 10, Article 1 (Zoning Ordinance) of the Hayward Municipal Code Rezoning Certain Property to Planned Development District in Connection with Zone Change, Vesting Tentative Map and
Disposition and Development Agreement Application No.
202003054 for Parcel Group 5 Bunker Hill Develop ment by Trumark Properties LLC”

Resolution 2 2-093, “Resolution Ap proving Zone Change and Vesting Tentative Map (Tract 8637) for Development of Parcel Group 5, Bunker Hill Boulevard Subject and Related
Environmental Analysis for Trumark Homes, LLC/City of
Hayward (Applicant/Owners)”

Resolution 2 2-094, “Resolution Approv ing Government Code Section 52201 Summary Report for the Project; Authorizing the City Manager to Negotiate and Execute a Disposition and Development Agreement with Trumark Properties LLC for
Transfer of Specified City Owned Properties and for the Development of Housing and Making Specified Findings in Association Therewith Consistent with Prior California
Environmental Quality Act Determinations”

15. Rockaway Lane Width Realignment: Public Hear ing Pursuant to Article 4, Chapter 10 of the Hayward Municipal Code, and Introduction of an Ordinance to Amend the Precise Plan Line for Rockaway Lane from “A” Street to Russell Way, Reducing the Right-of-Way Width Requirement from 68 feet to 56 feet; Applicant/Owner: William Frankel, 22422 Rockaway LLC, Application No. 202105041 PH 22-022

Staff report submitted by Director of Public Works Ameri, dated April 19, 2021, was filed.

Public Works D irector Ameri announced the staff report a nd introduced Development Services Engineer Wikstrom who provided a synopsis of the staff report.

Mayor Halliday opened the public hearing at 10:40 p.m.

Mr. Bruce King, Friends of San Lorenzo Creek representative, asked if the Rockaway L ane width realignment would result in future placement of multi-story building further away from the riparian conservation easement and replacement of riparian corridor trees and shrubs.

Development Services Engineer Wikstrom stated that instead of a 20 -feet dedication, there would be an 8-foot dedication, which would provide the developer with an additional 12 feet for the building footprint, added the developer had been advised the creek preservation is a critical aspect of the development and the extra space granted the opportunity to respect the creek on the eastern side of the property.

SPECIAL JOINT CITY COUNCIL/HAYWARD HOUSING AUTHORITY BOARD

MEETING
777 B Street, Hayward, CA 94541
Council Chamber and Virtual Platform (Zoom)
https://hayward.zoom.us/j/89252957539?pwd=OTB4R1JiNWtSejFCWjNBU0tvTk90QT09 Tuesday, April 19, 2022, 7:00 p.m.

Mayor Halliday requested that staff be min dful of creek prese rvation when the plan is submitted to the City.

Mayor Halliday closed the public hearing at 10:45 p.m.

It was moved by Council Member Salinas, seconded by Council Member Lamnin, and carried by the following roll call vote, to introduce the ordinance.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Márquez,
ABSTAIN: None

Introduction of Ordinance 22-, “An Ordinance of the City of Hayward, California Amending A rticle 4, Chapter 10 of the Hayward Municipal Code by Amending Section 10-4.56 Related to Precise Plan Lines for Rockaway Lane from “A” Street to Russell Way”

INFORMATIONAL ITEMS

16. CalPERS Pension Unfunded Accrued Liability (UAL) Update and Analysis of Restructuring Concepts RPT 22-043

Staff report submitted by Director o f Fina nce Claus sen, dated April 19, 2022, was filed.

City Manager McAdoo noted the item was general written information for Council and the public.

Mayor Halliday stated that the recommendation of the Budget and Finance Committee was for staff to continue evaluating the item and to bring it back through the Committee and then to Council if discussion or action was needed. Hearing no concerns from the City Counci l, City Manager McAdoo stated that staff w ould continue researching and w ould keep Council apprised of progress.

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Mem ber Andrews and City Manager McAd oo announced the City of Hayward, Hayward Unified School District and Hayward Area Recreation and Pa rk District will jointly 16 | A p r i l 19 , 202 2
hold a virtual Community Town Hall meeting on April 24, 2022, from 5:30pm to 7:00 p .m., regarding supporting and keeping safe Hayward children and youth, and a follow -up discussion would be agendized for the May 12, 2022, Hayward Local Agencies Committee meeting.

Council Member Salinas announced the Hayward Promise Neighborhood, Alameda County Public Health Department, and the City of Hayward will be conducting onsite vaccinations targeting children at Chisholm Court near Glassbrook Elementary School on April 20, 2022, from 1:00 p.m. to 4:00 p.m . and the Maintenance Department will do street clean-up on Chisholm Court and Schafer Road area.

Council Member Zermeño announced the Annual Citywide Clean-Up event on April 23, 2022, at Weekes Park.

COUNCIL REFERRALS

There were none.

ADJOURNMENT

Mayor/Chair Halliday adjourned the special meeting at 10:55 p.m.

APPROVED

__________________________________________________________ Barbara Halliday
Mayor, City of Hayward
Chair, Hayward Housing Authority Board

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward
Secretary, Hayward Housing Authority Board

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-245
DATE: April 26, 2022
TO: Mayor and City Council
FROM: City Manager

SUBJECT
Adopt a Resolution Endorsing the Alameda County Home Together 2026 Implementation Plan

RECOMMENDATION
That the Council adopts a resolution (Attachment II) endorsing the Alameda County Home Together 2026 Implementation Plan. ..End

SUMMARY
The Alameda County Home Together 2026 Implementation Plan (Plan) is a community-wide plan for Alameda County, which lays out the goals and strategies needed to dramatically reduce homelessness by 2026 and combat racial disparities in homelessness through fully centering equity. The Plan covers a five- year time frame, beginning January 2022 and ending December 2026.

Over the past decade, Alameda County and its cities have seen dramatic increases in homelessness, including a staggering 222% increase in unsheltered homelessness. On any given night, over 8,000 people experience homelessness in Alameda County, a number that grows to 15,000 over the course of the year.

Over the next five years across Alameda County, more than 24,000 additional housing exits are needed to reach a point at which the numbers of people who become homeless in a year and the numbers who leave homelessness in that time are in balance. These 24,000 interventions include everything from short -term prevention to permanent subsidies and housing with services, depending on the needs of the households. The total cost of increasing the shelter and housing inventory over the coming five years to fully meet the need would be $2.5 billion.

The Plan recommends specific action steps in four categories:
1) Prevent Homelessness for Alameda County Residents
2) Connect People to Shelter and Needed Resources
3) Increase Housing Solutions
CITY OF HAYWARD Printed on 4/29/2022Page 1 of 2
powered by Legistar™
File #:CONS 22-245
4) Strengthen Coordination, Communication and Capacity
In order to receive future funding made available through Alameda County, the City of Hayward must endorse the Home Together 2026 Implementation Plan.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 4/29/2022Page 2 of 2
powered by Legistar™

DATE: April 26, 2022

TO: Mayor and City Council

FROM: City Manager

SUBJECT: Adopt a Resolution Endorsing the Alameda County Home Together 2026 Implementation Plan

RECOMMENDATION

That the Council adopts a resolution (Attachment II) endorsing the Alameda County Home Together 2026 Implementation Plan.

SUMMARY

The Alameda County Home Together 2026 Implementation Plan (Plan) is a community-wide plan for Alameda County, which lays out the goals and strategies needed to dramatically reduce homelessness by 2026 and combat racial disparities in homelessness through fully centering equity. The Plan covers a five-year time frame, beginning January 2022 and ending December 2026.

Over the past decade, Alameda County and its cities have seen dramatic increases in homelessness, including a staggering 222% increase in unsheltered homelessness. On any given night, over 8,000 people experience homelessness in Alameda County, a number that grows to 15,000 over the course of the year.

Over the next five years across Alameda County, more than 24,000 additional housing exits are needed to reach a point at which the numbers of people who become homeless in a year and the numbers who leave homelessness in that time are in balance. These 24,000 interventions include everything from short-term prevention to permanent subsidies and housing with services, depending on the needs of the households. The total cost of increasing the shelter and housing inventory over the coming five years to fully meet the need would be $2.5 billion.

The Plan recommends specific action steps in four categories:
1) Prevent Homelessness for Alameda County Residents
2) Connect People to Shelter and Needed Resources
3) Increase Housing Solutions
4) Strengthen Coordination, Communication and Capacity

In order to receive future funding made available through Alameda County, the City of Hayward must endorse the Home Together 2026 Implementation Plan.

BACKGROUND

Over the past decade, Alameda County and its cities have seen dramatic increases in homelessness, including a staggering 222% increase in unsheltered homelessness. On any given night over 8,000 people experience homelessness in Alameda County, a number that grows to 15,000 over the course of the year. These numbers have likely increased after the devastating economic impacts of the COVID -19 pandemic. More than 90% of homeless households in Alameda County are adults without minor children, including nearly 10% who are between the ages of 18 and 24.1

In Hayward, as of January 2019, approximately 487 people were experiencing homelessness each night, with three out of four of those individuals sleeping outside. This represents a 23% increase in the number of individuals experiencing homelessness since 2017 and it is likely an underrepresentation. Results from the January 2022 Point in Time will be available in summer 2022.

This Plan is a community-wide plan for Alameda County, which lays out the goals and strategies needed to dramatically reduce homelessness by 2026 and combat racial disparities in homelessness through fully centering equity. This Plan builds on a variety of processes and planning that has occurred during the last two years, including:
 The racial equity analysis and system modeling process that is detailed in the January 2020 Centering Racial Equity in Homeless System Design (CRE) report;2  Racial Equity Action Lab (convened by the Bay Area Regional Health Inequities Initiative) that centered lived expertise input and process recommendations on implementing CRE; and
 The Home Together Plan adopted by the Alameda County Board of Supervisors in August of 2020.3

DISCUSSION

The Plan is a community-wide plan to outline the goals, strategies and investments needed to dramatically reduce Homelessness by 2026 and reverse racial disparities in homelessness through fully centering equity. The Plan’s overarching goals and time frame align with Vision 2026, Alameda County’s comprehensive effort to set a course for the next decade that anticipates community challenges and maximizes our ability to meet residents’ needs in a rapidly changing world. One of the primary objectives of Vision 2026 is to “ensure the

1 Home Together 2026 Draft Community Plan https://homelessness.acgov.org/homelessness- assets/docs/reports/Home%20Together%20Community%20Plan_updated%204.6.22.pdf 2 Centering Racial Equity in Homeless System Design https://everyonehome.org/centering-racial-equity/ 3 Home Together Plan https://homelessness.acgov.org/homelessness-assets/docs/Home-Together-Plan.pdf

availability of diverse and affordable housing for all residents with the goal of eliminating homelessness in Alameda County.”

Home Together 2026 builds upon many sources and efforts, particularly the 2020 CRE report prepared by community partners and informed by system modeling, extensive interviews, and focus groups with persons of color who have experienced homelessness. The CRE process modeled what an optimal system to respond to all homelessness and reduce racial disparities would look like and what gaps need to be filled. Home Together 2026 is also responsive to requirements laid out in the California Comeback Plan to draw down key State housing and health funding. It is informed by and consistent with other local and regional efforts, including the All Home Regional Action Plan, as well as Plan Bay Area 2050.

The homeless population does not reflect the demographics of the County. Dramatic racial disparities exist in Alameda County as in the nation as a whole, in which African Americans experience homelessness at more than four times their representation in the population (47% vs. 11%) and Native Americans, multiracial people, and Hawaiian Native/Pacific Islanders are all vastly overrepresented in homelessness, among those newly homeless, and in the rates at which they return to homelessness even after getting into housing.

Overall, more than 24,000 additional housing exits are needed over five years to reach a point at which the numbers of people who become homeless in a year and the numbers who leave homelessness in that time are in balance. These 24,000 interventions include everything from short-term prevention to permanent subsidies and housing with services, depending on the needs of the households.

Using the systems modeling in the Plan, the total cost to fully meet these needs, and significantly reduce homelessness, is $2.5 billion over 5 years. With this level of investment, there is a hope that for every new household that experiences homelessness, there is a resource path to get them out of homelessness and into housing within an average of 90 days.

These investments include:

 Prevention of Homelessness: $388 million to add resources to rapidly rehouse those who have recently fallen into homelessness and do not need significant supportive services, and to target homeless prevention assistance to those who are most likely to wind up on the streets. This includes rapid rehousing and shallow (more limited) subsidies within the housing response system. This does not include the one-time development cost for new buildings, but covers operations and services and the subsidies to help people rent existing housing. Prevention also addresses racial disparities and prevents disproportionate returns to homelessness.

 Connect People to Shelter and Needed Resources: $430 million to add new shelter beds (non-congregant), removing barriers to existing beds (allowing pets or removing curfews, for example), and providing more needed access for those with serious mental illness and substance use through the creation of

more treatment programs for unsheltered, sheltered and those in supportive housing programs.

 Increase Dedicated Housing Solutions: $1.68 billion for new permanent housing units earmarked for homeless and increased spending to subsidize our existing housing units.

To reach these goals while decreasing racial disparities, the Plan recommends specific action steps in four categories:

1) Prevent Homelessness for Alameda County Residents
2) Connect People to Shelter and Needed Resources
3) Increase Housing Solutions
4) Strengthen Coordination, Communication, and Capacity

Taken together, the significant increase in investment and the creation of new models and pathways out of homelessness will lead to decreases in new homelessness, improved racial equity in outcomes, shorter time being homeless, and a reduced rate at which people return to homelessness. Specific measurable targets for reducing homelessness altogether, and for achieving greater equity in results, are included in the Plan.

Existing and Potential Resources Needed to Execute Plan Homelessness in Alameda County is addressed through a wide variety of both homeless targeted and general population resources from federal, State, local specific and general funds, and private sources.

State Funding
The State of California has committed to a one-time investment of more than $12 billion in homelessness and another $10 million in affordable housing. Alameda County anticipates receiving a significant increase from this in funds from the Homeless Housing, Assistance and Prevention (HHAP) grant program, Homekey and new programs such as the Encampment Resolution Funds and Family Homelessness Challenge Grants.

In January, the City applied for State Homekey funding to create 46 units of dedicated housing for individuals experiencing homelessness.4 At the time of this staff report writing, staff is appealing the State’s initial determination regarding award of Homekey funds. Staff are also working with local family service providers to prepare and submit applications for funding under the Family Homelessness Challenge Grant.

4 January 25, 2022 meeting of the Hayward City Council:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5390892&GUID=B276DA40-2A6A-46C1-A313- 28235E575135&Options=ID|Text|&Search=homekey

County Funding
In FY 2021, the County of Alameda allocated $115.5 million in funding towards the homelessness response system. The majority of this funding was dedicated to shelter and housing, a total of 71% ($37.9 million).

Alameda County voters also recently passed Measure W, a half-cent sales tax increase that is expected to generate up to $150 million annually. This is a general tax, and while not set aside specifically for homelessness, the Board of Supervisors could set aside portions of it for strategic homeless investments. At the time of this staff report writing, Measure W was still in litigation with no anticipated date for resolution.

City Funding
In FY 2021, cities across Alameda County collectively allocated $73 million in funding to address homelessness across the categories of shelter and housing, coordinated system, health and supportive services, outreach, and prevention. The majority of all funding was dedicated to shelter and housing (67% or $48.7 million) followed by Coordinated System (13% of $49.5 million). This figure includes funding from city General Funds and dedicated local tax revenue, as well as direct federal, State, and County grants. Notably, FY 2021 funding from cities across the County included many one-time funding awards, such as Coronavirus relief funds. This funding does not include American Rescue Plan Act stimulus funding, which many cities have also used to address homelessness.

In FY 2021, the City spent approximately $2 million in General Fund monies towards homeless projects and services, which was just over 1% of the City’s $169.6 million General Fund budget for FY 2021. Additionally, the City allocated $4 million in direct federal, State, or County grant funds to address homelessness in Hayward. Of this $4 million, approximately $1.88 million was in one-time COVID-19 emergency relief funding. Notably, in the 2021 City of Hayward Resident Satisfaction Survey, residents cited addressing homelessness and poverty as the most important thing the City can do to improve its services for the people who live and work here.

The FY 2021 figures represent significant investment across all levels of government yet are still much lower than the roughly half billion dollars per year needed to meet the Plan targets.

Homelessness is a growing crisis and will require an unprecedented investment of new resources. Some of these are anticipated to come from anticipated increases in federal and particularly in State resources dedicated to expanding affordable housing and ending homelessness.

City/County Funding Allocation Framework
In 2021, representatives from cities and county agencies proposed a method for allocating funds that pass through the county intended for homelessness response. Because the County is a direct recipient of many funds and has the ability to support efforts throughout the entire geography, Alameda County will coordinate a countywide effort to leverage city and county resources. The cities will play a critical role, both through the provision of local and some dedicated federal and state resources and as overseers of land use planning for shelters and permanent housing.

Together these partners will work to align efforts and stretch both the existing resources and new funding as it emerges. Project funding through this collaborative allocation plan will be tied to the programs meeting the performance goals outlined in this Plan or that show a plan for targeted capacity for small, emerging, and/or BIPOC led (and serving) agencies or new, innovative programs.

The City/County funding allocation framework represents not only a commitment from the County to prioritize funding local efforts to address homelessness, but also a positive working collaboration between local jurisdictions and the County.

Alignment with Let’s House Hayward!
In July 2021, the Council approved the Let’s House Hayward! (LHH) homelessness reduction strategic plan.5

The first goal in the LHH plan is to formalize a coordinated and compassionate citywide response to homelessness. In Strategy 1.1 of that goal, the City commits to formalizing interdepartmental and interjurisdictional partnerships. Endorsing the Plan formalizes the City’s commitment to regional solutions and positions the City to be eligible for County passthrough funding for homelessness.

The goals of the City’s LHH plan is well aligned with the Plan, including an explicit focus on centering racial equity. Additionally, both plans focus on prevention and dramatically reducing the inflow into homelessness, compassionate and rapid response to homelessness, and increasing the housing options to permanently house individuals and families experiencing homelessness.

ECONOMIC IMPACT

Failure to address the homelessness crisis is enormously costly, both economically and ethically. According to estimates from All Home, the indirect costs of homelessness on healthcare, criminal justice, and social services are nearly $2 billion annually, based on estimates All Home made using real costs from Santa Clara County.6

In Hayward, countless businesses have expressed a growing frustration with homelessness and the impact on their businesses, with at least one local business citing homelessness as the primary reason for vacating downtown Hayward. While Hayward is not unique in the economic impacts of homelessness, it is important to explicitly cite the impacts the Hayward community and staff face.

FISCAL IMPACT

5 July 13, 2021 meeting of the Hayward City Council:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5028014&GUID=E5369F11-C504-413E-B317- E2797DF45328&Options=&Search=
6 https://www.allhomeca.org/wp-content/themes/allhome/library/images/plan/210413_Regional_Action_Plan_Final.pdf

There is no immediate fiscal impact for endorsing the Plan. However, in order to be eligible for County passthrough funding for homelessness, including the State of California HHAP funding, the City must endorse the Plan.

Staff are continuously evaluating potential funding sources outside of the City’s General Fund to support projects to end and prevent homelessness in Hayward.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Preserve, Protect, and Produce Housing , under Project 2b: Implement the Homelessness Reduction Strategic Plan.

This agenda item supports the following strategies in the Let’s House Hayward! Strategic Plan, including:
- Strategy 1.1: Formalize Interdepartmental and Interjurisdictional Partnerships - Strategy 1.2: Develop Funding and Evaluation Strategy Reflecting Community Priorities Identified in this Strategic Plan

PUBLIC CONTACT

The Plan and its companion CRE report engaged an extensive community input process which included participation of system leaders, program participants, service providers and other partners in homelessness response. The process included research using local data and multiple focus groups with people of color who were currently or recently homeless regarding their race-impacted experiences.

NEXT STEPS

Staff will continue implementing the LHH Plan as adopted by Council in July 2021. Additionally, staff will continue partnership with Alameda County to identify ways to collaborate and leverage regional resources and relationships to achieve the goals set out in both plans.

Prepared by: Jessica Lobedan, Management Analyst II

Recommended by: Jennifer Ott, Assistant City Manager

Approved by:

___________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member

RESOLUTION ENDORSING THE ALAMEDA COUNTY HOME TOGETHER 2026

IMPLEMENTATION PLAN

WHEREAS, the Home Together 2026 Implementation Plan ( Plan) is a community-wide plan for Alameda County which lays out the goals, strategies , and investments needed to dramatically reduce homelessness by 2026 and reverse racial disparities in homelessness through fully centering equity; and WHEREAS, on any given night over 8,000 people experience homelessness in Alameda County, a number that grows to approximately 15,000 people over the course of a year; and
WHEREAS, m ore than 90% of the households in Alameda County are adults without children, including nearly 10% who are between the ages of 18 and 24; and WHEREAS, dramatic racial disparities exist in Alameda County as in the nation as a whole, and the homeless population does not reflect the demographics of the county; and
WHEREAS, in Alameda County, African Americans experience homelessness at more than four times their representation in the population (47% vs. 11%); and WHEREAS, in Alameda County, Native Americans, multiracial people and Hawaiian Native/Pacific Islanders a re all vastly overrepresented in homelessness, among those newly homeless and in the rates at which they return to homelessness even after getting into housing; and
WHEREAS, the Plan builds and is informed by existing local and regional plans, including the 2020 Centering Racial Equity in Homeless System Design report (CRE) , All Home Regional Action Plan, and Plan Bay Area 2050; and WHEREAS, the Plan is also responsive to requirements laid out in the California Comeback Plan necessary to receive critical State housing and health funding; and WHEREAS, the homeless system modeling conducted in 2019 -20 and updated in 2021 points to significant gaps in the current system in terms of both housing resources and program types; and

ATTACHMENT II

WHEREAS, only an estimated 36% of those experiencing homelessness c an be supported by the current system’s resources or are able to find housing or leave homelessness on their own; and
WHEREAS, w ithout significant effort and investment including prevention, shelter expansion, increasing housing solutions, and strengthening the system’s overall capacity, homelessness in Alameda County will continue to grow; and WHEREAS, the total estimated cost of needed investments over the coming five years to fully meet the need is $2.5 billion , including approximately $430 million for additional shelter, $1.68 billion for permanent housing such as dedicated affordable housing and permanent supportive housing, and $388 million for prevention, rapid rehousing and shallow subsidies; and
WHEREAS, additiona l funding will be needed for th e one -time development costs for new buildings; and
WHEREAS, t o achieve the needed expansion level will take a significant investment of new resources; and
WHEREAS, there are anticipated increases in federal and in State resources dedicated to expanding affordable housing and ending homelessness; and WHEREAS, there is still a significant gap that will need to be filled locally; and WHEREAS, in order to receive future funding made available through the County, Cities must endorse the Plan
WHEREAS, the Council adopted the City of Hayward Three -Year Strategic Roadmap on January 28, 2020, which identified the creation of a Homelessness Reduction Strategic Plan, modeled on an empowerment approach and best practices, as well as after Alameda County’s EveryOne Home Plan, as one of the City’s Strategic Priorities; and
WHEREAS, City staff and the qualified consultant firm Homebase solicited input and feedback from Council, the Homelessness -Housing Task Force, t he Community Services Commission, and other community stakeholders along with best practice research and analysis to develop the Let’s House Hayward! Strategic Plan; and WHEREAS, the Let’s House Hayward! Strategic Plan includes the goal of increasing and formalizing regional collaboration; and
WHEREAS, the Plan aligns with the City’s Let’s House Hayward! Strategic Plan and goals of regional collaboration, providing housing solutions, and preventing homelessness.

ATTACHMENT II

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward endorses the Home Together 2026 Implementation Plan.

IN COUNCIL, HAYWARD, CALIFORNIA , 2022.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

__________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-254
DATE: May 3, 2022
TO: Mayor and City Council
FROM: Director of Human Resources

SUBJECT
Adopt a Resolution Authorizing the City Manager to Enter into and Execute an Agreement with LWP Claims Solutions (“LWP”) for Administration of the City of Hayward’s Workers’ Compensation Claims Services

RECOMMENDATION
That Council adopts a Resolution (Attachment II) authorizing the City Manager to enter into and execute an agreement with LWP Claims Solutions (“LWP”) for administration of the City of Hayward’s Workers’ Compensation Claims Services.

SUMMARY
The City of Hayward is self-insured for the Workers’ Compensation Program and uses the services of a third-party administrator (“TPA”) for claims administration. Since July 1, 2016, Acclamation Insurance Management Services ("AIMS") has provided these services for the City. The contract with AIMS for TPA services expires on June 30, 2022. The City of Hayward conducted an open and competitive Request for Proposals ("RFP") process in December 2021, at the conclusion of which LWP was identified as the most qualified TPA.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 4/29/2022Page 1 of 1
powered by Legistar™

DATE: May 3, 2022

TO: Mayor and City Council

FROM: Director of Human Resources

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute and Enter Into an Agreement with LWP Claims Solutions (“LWP”) for Administration of the City of Hayward’s Workers’ Compensation Claims Services

RECOMMENDATION

That Council adopts a Resolution (Attachment II) authorizing the City Manager to enter into and execute a five-year agreement with LWP Claims Solutions (“LWP”) for administration of the City of Hayward’s Workers’ Compensation Claims Services effective July 1, 2022 through June 30, 2027, for a total not-to-exceed amount of $2,500,000.

SUMMARY

The City of Hayward is self-insured for the Workers’ Compensation Program and uses the services of a third-party administrator (“TPA”) for claims administration. Since July 1, 2016, Acclamation Insurance Management Services ("AIMS") has provided these services for the City. The contract with AIMS for TPA services initially expired on June 30, 2021, and last year, was extended for one year, through June 30, 2022. The City of Hayward conducted an open and competitive Request for Proposals ("RFP") process in December 2021, at the conclusion of which LWP was identified as the most qualified TPA.

BACKGROUND

The City of Hayward is self-insured for the Workers’ Compensation Program and uses the services of a TPA for claims administration. Effective claims management consists of employing industry best practices to develop and implement policies and procedures to ensure timely review, response, and facilitation of quality care to injured workers in a cost- effective manner. The role of the TPA is essential because the TPA provides business solutions to help the City design and implement programs to prevent injuries, control and manage the cost of injuries, and monitor the effectiveness of program-related services and procedures.

Since July 1, 2016, Acclamation Insurance Management Services ("AIMS") has provided these services for the City. The contract with AIMS for TPA services expires on June 30, 2022.

Conducting open and competitive bid opportunities is a best business practice for public agencies that allows the City to ensure that it receives high quality, efficient, and cost-effective services from its vendors. Accordingly, the City of Hayward initiated an open and competitive Request for Proposals ("RFP") process in December 2021. In response to the RFP, proposals were received from the following eleven vendors:

Acclamation Insurance Management Services
Professional Dynamics Managed Care Services
Athens Administrators
CorVel Corporation
Innovative Claim Solutions
Innovative Claim Strategies
Intercare Holdings Insurance Services
LWP Claims Solutions
Pegasus Risk Management
Tristar Insurance Group
PMA Management Corp

The review and rating process included an initial screening of the proposals followed by internal panel interviews. The initial panel consisted of Human Resources and Police Department staff who regularly liaise with the Workers’ Compensation TPA, and union representatives for the HPOA and IAFF, Local 1909. Following interviews with the panel, LWP Claims Solutions, CorVel, and Intercare Holdings Insurance Services were identified to move forward to the second panel interview with the key members of the City’s team including Human Resources Personnel, the Fire Chief, the Police Chief, and the Director of Maintenance Services.

Upon the completion of the second round of panel interviews, City staff contacted references for the three TPA finalists; the agencies for which LWP provides TPA services shared the most favorable feedback, particularly regarding LWP’s ability to enhance the employee experience with reference to the Workers’ Compensation Program. Based on the panel interviews and references provided, the selection panel unanimously recommended LWP to be the City’s Workers’ Compensation TPA.

DISCUSSION

Through a collaborative and communication-driven partnership with LWP Claims Solutions, the City of Hayward will continue to strive for improved results in the areas of costs per claim, litigation costs, and resolution of claims. In addition to continuing to improve the administration of the program, there will be an increased focus on reducing medical costs and preventing employee accidents and injuries.

The selection of LWP as the TPA will assist the City with providing a high-quality workers' compensation benefit to its employees, all while minimizing employee absences and program costs. LWP currently provides TPA services to seventy-seven public entities throughout California and has a proven track record for delivering results that are far superior to state averages. Our research indicates that the company is known to provide effective claims management administration, placing a major focus on customer service, exceeding reporting requirements, and providing the technological capacity to capture critical data in a seamless fashion.

Additionally, LWP offers a proprietary Medical Provider Network (MPN), which is an entity or group of health care providers set up by an insurer or self-insured employer and approved by the California Division of Workers’ Compensation’s (“DWC's”) administrative director to treat workers injured on the job. An analysis of the industry demonstrates that workers’ compensation costs are reduced when an effective Medical Provider Network is in place.

Currently, the City of Hayward does not have an MPN and instead, directs all employees to an occupational clinic in Hayward if the employee had not previously designated a personal physician for treatment of industrial injuries. LWP can assist the City with implementing such a program and has done so for many clients. This will benefit City employees, particularly the many City employees living in various parts of Northern California who would have easier access to treatment from a provider in the MPN located closer to the employee’s home.

STRATEGIC ROADMAP

This agenda item is a routine operational item and does not relate to one of the City Council’s Strategic Roadmap initiatives.

FISCAL IMPACT

Expenses related to TPA services are budgeted in the Workers' Compensation Internal Service Fund, which is adopted annually and included as part of the General Fund Budget. Each fiscal year, departments are charged an internal service fee, which is a percentage of total program costs by job type and calculated based on a prior three-year utilization average. In addition to TPA services, medical expenses, legal services, salary continuation, claim expenses, program- related training and ergonomic equipment and supplies are also part of the Worker's Compensation Fund budget. For FY 2022, the workers' compensation's adopted budget is $6.5 million.

The annual rate of the proposed 5-year agreement with LWP is as follows:

FY Annual Rate Fixed Monthly Fee
2023 $ 415,000 $34,583.33
2024 $427,450 $35,620.83
2025 $ 440,274 $36,689.50
2026 $ 453,482 $37,790.17
2027 $ 467,086 $38,923.83

There will also be a one-time transition fee of $5,000 in FY 2023, and there will be an annual administration fee of $5,000, resulting in a total of $2,233,292 to be paid over the five-year length of the contract. Additionally, the “not-to-exceed” amount itemized above anticipates charges by LWP for medical management services, which will be separately charged to the City as needed. Medical management services include costs for medical bill reviews, utilization review, and other services, such as field investigations. As they will be billed only as needed, these prospective expenses are unknown, and the requested authorization includes an estimated “buffer” to allow for these costs.

It should be noted that historically, the City has reduced program costs through medical bill review by avoiding medical costs that would have otherwise been paid from the Workers’ Compensation Fund. Thus, the department expects that the additional expenses associated with the medical management process will be offset by an overall savings to the Workers’ Compensation Fund.

The transition from AIMS to LWP is not expected to have a significant impact to the Workers’ Compensation Fund, as the annual fees are in line with industry standards and the administrative fees the City has historically paid for Workers’ Compensation TPA services. As in prior years, fees for these services will be included in the FY 2023 proposed budget..

NEXT STEPS

If approved, Human Resources staff will work closely with Department Heads, designated staff, AIMS, and LWP to ensure a smooth transition and to meet the unique training and support needs of each Department. Upon execution of the agreement, LWP will work with AIMS to receive data and will take over the account and all associated claims services effective July 1, 2022.

Prepared by: Nargiz Karimova, Human Resources Analyst I Kakshi Master, Acting Deputy Director of Human Resources

Recommended by: Jana Sangy, Director of Human Resources

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-_____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND ENTER

INTO A FIVE-YEAR AGREEMENT WITH LWP CLAIMS SOLUTIONS FOR ADMINISTRATION OF THE CITY OF HAYWARD’S WORKERS’ COMPENSATION CLAIMS SERVICES FOR A TOTAL NOT TO EXCEED AMOUNT OF $2,500,000

WHEREAS, the City of Hayward is self-insured for workers’ compensation claims and uses the services of a third-party to provide claims administration, legal services, statistical analysis of claims and costs, and return to work program development and implementation; and

WHEREAS, the City of Hayward conducted an open and competitive Request for Proposal process for the provision of workers’ compensation claim administration services and LWP Claims Solutions was identified as the most qualified firm to provide these services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward does hereby authorize and direct the City Manager to execute a five -year agreement with LWP Claims Solutions, effective July 1, 2022 through June 30, 2027, in a form approved by the City Attorney, for a total not-to-exceed amount of $2,500,000.

ATTACHMENT II

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

ADOPTED BY THE FOLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:

__________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-257
DATE: May 3, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt a Resolution Accepting the Resignation of Mr. Michael Chand from the Keep Hayward Clean and Green Task Force, Effective Immediately

RECOMMENDATION
That the Council adopts a resolution (Attachment II) accepting the resignation of Mr. Michael Chand from the Keep Hayward Clean and Green Task Force, effective immediately.

SUMMARY
Mr. Michael Chand was appointed to the Keep Hayward Clean and Green Task Force on September 21, 2021. Mr. Chand’sresignation becomes effective immediately, per his resignation letter (Attachment III).

Mr. Chand’s vacated position will be filled as part of the annual appointment process for the City’s appointed officials to Commissions and the Keep Hayward Clean and Green Task Force.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
CITY OF HAYWARD Printed on 4/29/2022Page 1 of 1
powered by Legistar™

DATE: May 3, 2022

TO: Mayor and City Council

FROM: City Clerk

SUBJECT: Adopt a Resolution Accepting the Resignation of Mr. Michael Chand from the Keep Hayward Clean and Green Task Force, Effective Immediately

RECOMMENDATION

That the Council adopts a resolution (Attachment II) accepting the resignation of Mr. Michael Chand from the Keep Hayward Clean and Green Task Force, effective immediately.

SUMMARY AND DISCUSSION

Mr. Michael Chand was appointed to the Keep Hayward Clean and Green Task Force on September 21, 2021. Mr. Chand’s resignation becomes effective immediately, per his resignation letter (Attachment III). Mr. Chand’s vacated position will be fill ed as part of the annual appointment process for the City’s appointed officials to Commissions and the Keep Hayward Clean and Green Task Force.

FISCAL IMPACT

There is no fiscal impact associated with this report.

STRATEGIC ROADMAP

This agenda item is a routine operational item and does not relate to any of the projects outlined in the Council’s Strategic Roadmap.

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION No. 22-___

Introduced by Council Member __________

RESOLUTION ACCEPTING THE RESIGNATION OF MR. MICHAEL CHAND

FROM THE KEEP HAYWARD CLEAN AND GREEN TASK FORCE

WHEREAS, Mr. Michael Chand was appointed to the Keep Hayward Clean and Green Task Force on September 21, 2021; and

WHEREAS, Mr. Michael Chand submitted a resignation letter on March 9, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Council hereby accepts the resignation of Mr. Michael Chand; and commends him for his civic service to the City.

IN COUNCIL, HAYWARD, CALIFORNIA, __________________________________.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

__________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

From: michael chand
Sent: Wednesday, March 9, 2022 4:49 PM
To: Colleen Kamai <[email protected]>
Subject: Re: KHCG Attendance

Hello Colleen,

Unfortunately my schedule is heavily impacted by work. I won't be able to commit to Hayward right now. Please remove me from the committee.

Michael Chand

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-258
DATE: May 3, 2022
TO: Mayor and City Council
FROM: City Manager

SUBJECT
Adopt a Resolution Allowing the City Council and Appointed Commissions/Task Forces and Council Committees to Hold Continued Teleconferenced Public Meetings Pursuant to AB 361

RECOMMENDATION
That the Council adopts a resolution (Attachment II) pursuant to AB 361 making specific findings to allow the Council and appointed commissions/task forces and Council committees (Exhibit A to Attachment II) to continue holding teleconferenced public meetings during the COVID 19 state of emergency.

SUMMARY
On September 16, 2021, the Governor signed AB 361 that amended provisions of the Brown Act to allow local governments to conduct virtual meetings during a state of emergency proclaimed by the Governor, subject to complying with specific requirements, including providing public access and participation via call-in or internet-based platforms. While AB 361 does not require legislative bodies to take any specific actions to hold an initial teleconferenced meeting during a state of emergency, a legislative body must act in order to continue holding subsequent teleconferenced meetings while the state of emergency remains in effect. Specifically, no later than 30 days after the initial AB 361 teleconferenced meeting, and every 30 days thereafter, a legislative body must make findings that the body has reconsidered the circumstances of the state of emergency and that either of the following conditions exist: the state of emergency continues to directly impact the ability of the members to meet safely in person; or, state or local officials continue to impose or recommend measures to promote social distancing.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Exhibit A to Resolution
CITY OF HAYWARD Printed on 4/29/2022Page 1 of 2
powered by Legistar™
File #:CONS 22-258
CITY OF HAYWARD Printed on 4/29/2022Page 2 of 2
powered by Legistar™

DATE: May 3, 2022

TO: Mayor and City Council

FROM: City Manager
City Clerk

SUBJECT: Adopt a Resolution Allowing the City Council and Appointed Commissions/Task Forces and Council Committees to Hold Continued Teleconferenced Public Meetings Pursuant to AB 361

RECOMMENDATION

That the Council adopts a resolution (Attachment II) pursuant to AB 361 making specific findings to allow the Council and appointed commissions/task forces and Council committees (Exhibit A to Attachment II) to continue holding teleconferenced public meetings during the COVID 19 state of emergency.

SUMMARY

On September 16, 2021, the Governor signed AB 361 that amended provisions of the Brown Act to allow local governments to conduct virtual meetings during a state of emergency proclaimed by the Governor, subject to complying with specific requirements, including providing public access and participation via call-in or internet-based platforms.

While AB 361 does not require legislative bodies to take any specific actions to hold an initial teleconferenced meeting during a state of emergency, a legislative body must act in order to continue holding subsequent teleconferenced meetings while the state of emergency remains in effect. Specifically, no later than 30 days after the initial AB 361 teleconferenced meeting, and every 30 days thereafter, a legislative body must make findings that the body has reconsidered the circumstances of the state of emergency and that either of the following conditions exist: the state of emergency continues to directly impact the ability of the members to meet safely in person; or, state or local officials continue to impose or recommend measures to promote social distancing.

BACKGROUND

In general, the Brown Act allows legislative bodies to use teleconferencing during a public meeting as long as certain requirements are met, such as:

 Identification of any remote location from which a member of the legislative body is participating via teleconference;
 Posting of agendas at all remote locations from which members of the legislative body are participating;
 Public accessibility to the remote location and the technological means for allowing the public to participate in the meeting from the location; and  A quorum of the members must be participating from a location within the jurisdiction of the legislative body.

In response to the COVID 19 state of emergency, the Governor temporarily suspended the rules described above when he issued Executive Order N-29-20 on March 17, 2020 and authorized local legislative bodies to hold virtual public meetings subject to specific public accessibility and noticing requirements.

With the expiration of Executive Order N-29-20, AB 361 amends the Brown Act to allow virtual public meetings during a state of emergency proclaimed by the Governor. A local agency may hold a teleconferenced meeting during a state of emergency without complying with the normal teleconferencing requirements described above if it meets requirements related to providing notice of the meeting, public access and participation via call-in or internet-based service options, real-time public comments, and conduct of the meeting in a manner that protects statutory and constitutional rights of any parties and the public appearing before the legislative body.

AB 361 does not require legislative bodies to take any specific action prior to holding an initial teleconferenced meeting during a state of emergency. However, to hold a subsequent teleconferenced meeting a legislative body must act no later than 30 days after the initial teleconferenced meeting, and every 30 days thereafter, by making findings that the body has reconsidered the circumstances of the state of emergency and that either of the following conditions exist:

 The state of emergency continues to directly impact the ability of the members to meet safely in person; or
 State or local officials continue to impose or recommend measures to promote social distancing.

DISCUSSION

On February 25, 2022, the Governor issued Executive Order N-04-22 repealing many of his prior Executive Orders imposing various mandates intended to address the impact of COVID 19. However, the Governor did not lift the State of Emergency related to COVID 19 that he initially proclaimed on March 4, 2020. As of the date of this report, the State of Emergency proclaimed by the Governor remains in effect.

Current guidance and orders of the Alameda County Health Official satisfy both conditions necessary for the AB 361 findings described above:

 Order No. 20-05g, originally issued April 3, 2020 and most recently amended on January 10, 2022, imposes a mandate that all individuals diagnosed or likely to have COVID 19 must isolate themselves and follow requirements further specified in the Order.

 Order No. 20-06p, originally issued April 3, 2020 and most recently amended on April 18, 2022, requires individuals to comply with California Department of Public Health Guidance on Isolation and Quarantine of the General Public except in the specific circumstances described in the order, including, persons who are not fully vaccinated must quarantine for at least 5 days after close contact with an individual infected with COVID-19.

 The Alameda County Public Health Department strongly recommends that everyone 2 years of age and older wear a mask, regardless of their vaccination status, in indoor public settings and businesses, and advises that masks are required indoors at businesses, government offices, youth-serving facilities, and workplace settings that choose to require everyone to mask.

 Workplaces must comply with Cal/OSHA safety standards.

The following current guidance from the California Department of Public Health satisfies the AB 361 findings:
 The Department strongly recommends that all persons, regardless of vaccination status, contintue to mask while in indoor public settings and businesses, on public transit, and in transportation hubs.
 Face coverings are required for all individuals in the following indoor settings, regardless of vaccination status: homeless shelters, emergency shelters, cooling and heating centers, healthcare settings, state and local correctional facilities and detention centers, long term care settings and adult and senior care facilities.  Fully vaccinated invidivuals are recommended to continue indoor masking when the risk may be high.
 Persons with COVID-19 symptoms or who test positive for COVID-19 are required to isolate.
 Persons working or housed in specified high-risk settings are required to isolate and quarantine in the event of an exposure to someone infected with COVID-19.  Members of the general public, regardless of vaccination status, are not required to isolate if they are asymptomatic after exposure to a person infected with COVID-19.

Testing and masking are recommended and vaccination/boosting is strongly encouraged.

Alameda County Health Order No. 21- 04 (effective November 1, 2021), which allows a stable group of fully vaccinated individuals to remove masks in certain indoor situations, is not applicable to the City’s public meetings because they do not necessarily involve a stable group of vaccinated individuals.

Currently, the Council is holding hybrid Council meetings that allow for virtual participation via the Zoom platform as well as in-person participation. This format also allows for real-time public comments, in compliance with AB 361. In compliance with Alameda County public health orders, everyone inside the Council Chamber is required to wear a mask or other face-covering. All City commissions, task forces, and Council committees continue meeting entirely virtually over the Zoom platform.

Based on the above, staff recommends that the Council adopts the attached resolution making the necessary findings to allow the Council and the appointed boards and commissions identified in Exhibit A to the resolution to continue holding teleconferenced meetings pursuant to AB 361.

FISCAL IMPACT

There is no fiscal impact associated with this action.

STRATEGIC ROADMAP

This agenda item is a routine operational item and does not relate to any of the projects outlined in the Council’s Strategic Roadmap.

NEXT STEPS

Adoption of the resolution will allow the Council and specified appointed boards and commissions to hold a subsequent teleconferenced meeting pursuant to the provisions of AB 361. Additional resolutions must be adopted every thirty days during the existence of the state of emergency in order to continue holding teleconferenced meetings.

Prepared by: Kelly McAdoo, City Manager
Miriam Lens, City Clerk

Approved by:

___________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION MAKING THE REQUIRED FINDINGS PURSUANT TO AB 361 TO

CONTINUE TO HOLD TELECONFERENCED PUBLIC MEETINGS DURING THE COVID 19 STATE OF EMERGENCY

WHEREAS, the Brown Act (Government Code section 54950 et seq. ) allows for public meetings of a legislative body to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, tha t each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction; and

WHEREAS, in response to the COVID -19 state of emergency, the Governor temporarily suspended the rules described above when he issued Executive Order N-29-20 on March 17, 2020 and authorized local legislative bodies to hold virtual public meetings subject to specific public accessibility and noticing requirements; and WHEREAS, the Governor signed AB 361 prior to the expiration of Order N-29-20; and WHEREAS, AB 361 amends the Brown Act to the legislative body of a local agency to hold a teleconferenced meeting during a state of emergency without complying with the normal teleconferencing requirements described above if it meets requiremen ts related to providing notice of the meeting, public access and participation via call-in or internet-based service options, real -time public comments, and conduct of the meeting in a manner that protects statutory and constitutional rights of any parties and the public appearing before the legislative body; and
WHEREAS, AB 361 does not require legislative bodies to take any specific action prior to holding an initial teleconferenced meeting during a state of emergency, however, to hold a subsequent teleconferenced meeting a legislative body must act no later than 30 days after the initial teleconferenced meeting, and every 30 days thereafter, by making findings specified in the statute justifying the continued use of teleconferenced public meetings; and WHEREAS, it shall be the policy of the City that the appointed boards and commissions of the City will hold teleconferenced public meetings in compliance with the provisions of AB 361 during the COVID-19 state of emergency; and

ATTACHMENT II

WHEREAS, the COVID -19 state of emergency declared by the Governor remains active; and
WHEREAS, public meetings involve many people in shared indoors spaces for hours, when the number of people present does not always allow for a minimum six foot distance between persons, and close contacts raise the risk of the spread of COVID-19; and

WHEREAS, the California Department of Public Health has mandated that everyone in California wear a mask in indoor public spaces and workplaces through February 15, 2022; and

WHEREAS, the Alameda County Health Officer has issued Order No. 20 -05g (originally issued April 3, 2020 and most recently amended on J anuary 10, 2022) imposing a mandate that all individuals diagnosed or likely to have COVID-19 must isolate themselves and follow requirements further specified in the Order; and

WHEREAS, the Alameda County Health Officer has issued Order No. 20 -06p (originally issued April 3, 2020 and most recently amended on April 18 , 2022 )requires individuals to comply with California Department of Public Health Guidance on Isolation and Quarantine of the General Public except in the specific circumstances described in the order, including, metpersons who are not fully vaccinated must quarantine for at least 5 days after close contact with an individual infected with COVID-19. ; and

WHEREAS, the Alameda County Health Officer has issued Order No. 22-01 (effective on February 16, 2022 ), which rescinded Order No. 21 -06 (effective on December 8, 2021) which mandated face coverings be worn in indoor public spaces; and

WHEREAS, pursuant to a February 28, 2022 advisory from the California Department of Public Health, effective March 1, 2022 the requirement that unvaccinated individuals mask in indoor public settings will move to a strong recommendation that a ll persons, regardless of vaccination status, continue to mask while in indoor public settings and businesses; and

WHEREAS, the Alameda County Public Health Department strongly recommends that everyone 2 years of age and older wear a mask, regardless of their vaccination status, in indoor public settings and businesses , and advises that masks are required indoors at businesses, government offices, youth-serving facilities, and workplace settings that choose to require everyone to mask; and

WHEREAS, workplaces must comply with Cal/OSHA safety standards; and

WHEREAS, the California Department of Public Health has issued the following current guidance:
• The Department strongly recommends that all persons, regardless of vaccination status, continue to mask while in indoor public settings and businesses, on public transit, and in transportation hubs.

ATTACHMENT II

• Face coverings are required for all individuals in the following indoor settings, regardless of vaccination status: homeless shelters, emergency shelters, cooling and heating centers, healthcare settings, state and local correctional facilities and detention centers, long term care settings and adult and senior care facilities. • Fully vaccinated in dividuals are recommended to continue indoor masking when the risk may be high.
• Persons with COVID -19 symptoms or who test positive for COVID -19 are required to isolate.
• Persons working or housed in specified high -risk settings are required to isolate and quarantine in the event of an exposure to someone infected with COVID-19. • Members of the general public, regardless of vaccination status, are not required to isolate if they are asymptomatic after exposure to a person infected with COVID-

19. Testing and masking are recommended and vaccination/bo osting is st rongly encouraged; and

WHEREAS, Alameda County Health Order No. 21 - 04 (effective November 1, 2021), which allows a stable group of fully vaccinated individuals to remove masks in certain indoor situations, is not applicable to the City’s public meeting s because they do not necessarily involve a stable group of vaccinated individuals.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward makes the following findings pursuant to AB 361 to continue holding teleconferenced public meetings during the COVID-19 state of emergency:

 The City Council has reconsidered the circumstances of the state of emergency.

 The COVID 19 state of emergency declared by the Governor remains active and continues to directly impact the ability of Councilmembers to meet safely in-person.

 State and local officials continue to recommend or impose measures to promote social distancing.

 The Alameda County Health Officer has issued orders imposing measures to promote social distancing via isolation and quarantine of individuals infected or likely infected with COVID-19 and individuals with close contact to persons infected with COVID-19.

 The Alameda County Hea lth Officer strongly recommends that eve ryone 2 years of age and older wear a mask, regardless of their vaccination status, in indoor public settings and businesses, and advises that masks are required indoors at businesses, government offices, youth -serving facilities, and workplace settings th at choose to require everyone to mask

ATTACHMENT II

 The California Department of Public Health strongly recommends that all persons, regardless of vaccination status, continue to mask while in indoor public settings and businesses, on public transit and in transportation hubs.

 Workplaces must comply with Cal/OSHA safety standards.

BE IT FURTHER RESOLVED that in the interest of public health and safety, based on the findings contained herein, the City Council of the City of Hayward and the appointed boards and commissions identified in Exhibit A of this Resolution shall continue to hold teleconferenced public meetings pursuant to AB 361.

IN COUNCIL, HAYWARD, CALIFORNIA ___________________, 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: _______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

___________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

EXHIBIT A
 Community Services Commission
 Keep Hayward Clean and Green Task Force
 Library Commission
 Personnel Commission
 Planning Commission
 Council Airport Committee
 Council Budget and Finance Committee
 Council Economic Development Committee
 Council Infrastructure Committee
 Council Homelessness-Housing Task Force
 Council Sustainability Committee
 Hayward Youth Commission
 Hayward Police Department Community Advisory Panel

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-262
DATE: May 3, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving the Plans and Specifications and Call for Bids for the Willimet Way and I- 880 Sanitary Sewer Main Installation Project, Project No. 07717

RECOMMENDATION
That Council adopts a resolution (Attachment II) approving the plans and specifications for the Willimet Way and I-880 Sanitary Sewer Main Installation Project, Project No. 07717 (Project), and calling for construction bids to be received on May 24, 2022.

SUMMARY
The Utilities Division of the Public Works & Utilities Department replaces the City’s undersized or structurally damaged sewer mains through capital improvement projects. These projects reduce the risk of potential sanitary sewer overflows, which can cause untreated wastewater to flow into public waterways. The Project will install approximately 165 linear feet of 12-inch sanitary sewer main at a new location to increase pipeline capacity and replace a damaged sewer main between Willimet Way and the Highway 92W/Interstate 880N on-ramp. The new sanitary sewer main will be installed using a trenchless technology to minimize construction impacts on residential properties and by traditional open -cut method within California Department of Transportation (Caltrans) right-of-way. Design has been completed and bid documents have been prepared. Staff is requesting Council’s approval of the plans and specifications and call for bids to be received on May 24, 2022.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
CITY OF HAYWARD Printed on 4/29/2022Page 1 of 1
powered by Legistar™

DATE: May 3, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Approving the Plans and Specifications and Call for Bids for the Willimet Way and I-880 Sanitary Sewer Main Installation Project, Project No. 07717

RECOMMENDATION

That Council adopts a resolution (Attachment II) approving the plans and specifications for the Willimet Way and I-880 Sanitary Sewer Main Installation Project, Project No. 07717 (Project), and calling for construction bids to be received on May 24, 2022.

SUMMARY

The Utilities Division of the Public Works & Utilities Department replaces the City’s undersized or structurally damaged sewer mains through capital improvement projects.

These projects reduce the risk of potential sanitary sewer overflows, which can cause untreated wastewater to flow into public waterways. The Project will install approximately 165 linear feet of 12-inch sanitary sewer main at a new location to increase pipeline capacity and replace a damaged sewer main between Willimet Way and the Highway 92W/Interstate 880N on-ramp. The new sanitary sewer main will be installed using a trenchless technology to minimize construction impacts on residential properties and by traditional open-cut method within California Department of Transportation (Caltrans) right-of-way. Design has been completed and bid documents have been prepared. Staff is requesting Council’s approval of the plans and specifications and call for bids to be received on May 24, 2022.

BACKGROUND

The existing sanitary sewer main located between two residential properties from Willimet Way to the Highway 92W/Interstate 880N on-ramp was selected for improvement based on staff analysis of the video inspection results. The existing sewer main is approximately 16 feet deep on the residential side and 8 feet deep within the Caltrans’ right-of-way. The video recording indicates an offset at a pipe joint causing a significant reduction in the pipeline’s design capacity and a risk of sewer overflow on Willimet Way. In addition, the existing defective 8-inch sanitary sewer main goes through a stormwater inlet, which puts the

stormwater system at risk of contamination. Due to the location of the offset and a casing around the sewer pipe in Caltrans’ right-of-way, repair on the existing sewer main is not recommended. Therefore, a new sanitary sewer main is proposed to be installed at a new location between two residential properties. The new pipeline will be installed using trenchless technology to minimize construction impacts. Staff contacted the property owners, and they agreed to dedicate a sanitary sewer easement to the City. Two Sanitary Sewer Easement Agreements between the City and the property owners of 24985 Willimet Way and 24977 Willimet Way, were finalized and recorded.

On January 28, 20201, Council approved Resolution No. 20-017, authorizing the City to enter into a Professional Services Agreement (PSA) with RSC Engineering, Inc., (RSC Engineering) for design services and technical support during construction.

This Project is statutorily exempt from environmental review under the California Environmental Quality Act (CEQA) Section 15282(k), which allows for the installation of new pipeline or maintenance, repair, restoration, removal, or demolition of an existing subsurface pipeline, provided the project does not exceed one mile in length.

DISCUSSION

This Project consists of installing approximately 165 linear feet of new 12-inch polyvinyl chloride pipe in the City’s sewer easement in residential properties and Caltrans’ right-of- way between Willimet Way and the Highway 92W/Interstate 880N on-ramp as shown in Attachment III.

In February 2020, staff began to work with RSC Engineering to obtain an encroachment permit from Caltrans to conduct field investigations in the State Right of Way. Caltrans issued this permit to the City in March 2020. Field investigations verified that the retaining/sound wall separating Caltrans’ highway on-ramp from the residential side in Willimet Way, has a deep foundation system. The record drawings indicated the foundation consists of approximately 23 feet in length cast-in-drilled-hole (CIDH) by 30 inches in diameter piles, with 48 inches spacing from center to center of the piles. The pile configuration would provide only 18 inches of spacing for the proposed 12-inch sewer pipe.

Further field investigations with precise survey work showed that the spacing is approximately 14 inches between the piles in a favorable location for the proposed 12-inch sewer pipe within the City’s easement and connection to the existing sewer manhole on the side of the highway on-ramp. The limited space along with the clearance requirements around existing utilities made the design challenging.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4315592&GUID=5360838C-E260-45D2-911A-33ACF814A87E

In February 2022, after several rounds of plan submittals and addressing Caltrans’ comments, staff obtained approval and an encroachment permit from Caltrans for the proposed design of the new sewer pipe.

Approximately 125 linear feet of sewer main will be installed by a trenchless pipe technique using pilot tube guided auger boring (PTGAB) to cross under obstructions that prohibit open-cut installation. PTGAB is a cost-effective trenchless method that accurately installs steel casing for underground sanitary sewers. This method combines the pinpoint accuracy of the pilot tube installation to control line and grade with the excavation process of horizontal auger boring. By using this precise method, the construction can be done with a high degree of accuracy, considering the complexity of the project and the 14 inches of opening that the proposed 12-inch sewer main would have to pass through.

The remaining 40 linear feet at the highway on-ramp will be installed by traditional open- cut method. When the installation is complete, the opened trench is backfilled, compacted, and paved to match the original pavement section.

This project also includes installation of new sewer pipe and manholes and reversing the flow to drain to the new pipe location in Willimet Way. In addition, staff will work with the property owner of 24986 Willimet Way to obtain a temporary right of entry for construction as the PTGAB setup will encroach onto their property.

ECONOMIC IMPACT

The community will enjoy the benefits of the project, including the continued operability and serviceability of the sewer collection system. Furthermore, robust and reliable sewer infrastructure can help foster economic development and viability in the City.

FISCAL IMPACT

The estimated costs for the Willimet Way & I-880 Sanitary Sewer Main Installation Project are as follows:

Construction Contract with Contingency $1,150,000
Professional Engineering Services – Consultant $154,300 Inspection & Testing & Permitting $50,000
Construction Administration – City Staff $50,000

Total $1,404,300

In the adopted FY22 Capital Improvement Project, the Willimet Way & I-880 Sanitary Sewer Main Installation Project, Project No. 07717, has an adopted budget of $604,994 in Sewer Improvement Fund 612. In 2020, the City entered into a PSA with RSC Engineering, of which $154,300 is for sewer design services and technical support during construction. Due to the rising cost of construction labor and materials, the City needs to go through the bidding process to determine the most current project budget. At that time staff would return to

Council to request whether additional funds need to be appropriated to cover the total cost of the project.

Replacing the sewer main and appurtenances are part of an effort to, pursuant to Council direction, modernize and upgrade existing infrastructure. The project will reduce operations and maintenance costs associated with servicing the undersized and structurally defective sewer mains. In addition, staff time attending to issues related to high frequency maintenance and sanitary sewer overflows will be reduced.

STRATEGIC R0ADMAP

This agenda item supports the Strategic Roadmap, which includes Improve Infrastructure as one of the strategic priorities. Specifically, this item relates to the implementation of the following project:

Project 15: Upgrade sewer collection system by replacing 3-4 miles of sewer lines annually.

SUSTAINABILITY FEATURES

The repair and replacement of deteriorating sewer lines reduces the risk of sewer overflows, which can cause untreated wastewater to flow into public waterways.

PUBLIC CONTACT

Staff has been in contact with the two property owners on Willimet Way that would be directly affected by the project. During construction, notices will be provided to other affected residents and property owners to inform them of the nature and purpose of the work, potential impacts, work schedule and City contact for additional information.

NEXT STEPS

The estimated schedule for this project is summarized as follows:

Receive Bids May 24, 2022
Award Construction Contract June 21, 2022 Notice to Proceed July 29, 2022
Construction Completion December 2022

Prepared by: Saeed Saebi, Associate Civil Engineer

Reviewed by: Tay Nguyen, Senior Utilities Engineer

Recommended by: Alex Ameri, Director of Public Works

Approved by:

________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE WILLIMET WAY AND I-880 SANITARY SEWER MAIN INSTALLATION PROJECT, PROJECT NO. 07717, AND CALLING FOR BIDS

WHEREAS, the Willimet Way and I-880 Sanitary Sewer Main Installation Project, Project No. 07717 involves installing approximately 165 linear feet of new 12-inch polyvinyl chloride pipe in the City’s sewer easement in residential properties and Caltrans’ right -of- way between Willimet Way and the Highway 92W/Interstate 880N on-ramp; and

WHEREAS, the Project is statutorily exempt from environmental review under the California Environmental Quality Act (CEQA) Section 15282(k), which allows for the installation of new pipeline or maintenance, repair, restoration, removal, or demolition of an existing subsurface pipeline, provided the project does not exceed one mile in length.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that those certain plans and specifications for the Willimet Way and I -880 Sanitary Sewer Main Installation Project, Project No. 07717, on file in the Office of the City C lerk, are hereby adopted as plans and specifications for the project.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a notice calling for bids for the required work and material to be made in the form and manner provided by law.

BE IT FURTHER RESOLVED that sealed bids therefore will be received by the City Clerk’s Office at City Hall, 777 B Street, Hayward, California 94541, up to the hour of 2 :00 p.m. on Tuesday, May 24, 2022, and immediately thereafter publicly opened and declared by the City Clerk in the City Hall Rotunda, Hayward, California.

BE IT FURTHER RESOLVED that the City Council will consider a report on the bids at a regular meeting following the aforesaid opening and declaration of same.

ATTACHMENT II

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-265
DATE: May 3, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving the Plans and Specifications and Calling for Bids for the Sewer Line Improvements Project, Project No. 07761

RECOMMENDATION
That Council adopts a resolution (Attachment II) approving the plans and specifications for the Sewer Line Improvements Project, Project No. 07761, and calling for construction bids to be received on June 7, 2022.

SUMMARY
The Utilities Division of the Department of Public Works & Utilities replaces the City’s undersized or structurally damaged sewer mains through annual capital improvement projects. The Sewer Line Improvements Project will improve the capacity and maintain the operability of the sewer collection system by replacing approximately 4.1 miles of existing vitrified clay pipe (VCP), asbestos cement pipe (ACP), and high-density polyethylene pipe (HDPE) ranging in diameter from 6 to 12-inch with new 8, 10, 12, or 15-inch polyvinyl chloride (PVC) or HDPE. This project takes place at twenty-nine locations throughout the City (Attachment III). Approximately 3.3 miles will be replaced by traditional open-cut method, and another approximately 0.8 mile will be replaced by trenchless technology used to cross under obstructions that prohibit open-cut installation. Design has been completed and bid documents have been prepared. Staff is requesting Council’sapproval of the plans and specifications, and calling for bids to be received on June 7, 2022.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
Attachment IV Hayward Sewer Cost Estimate
CITY OF HAYWARD Printed on 4/29/2022Page 1 of 2
powered by Legistar™
File #:CONS 22-265
CITY OF HAYWARD Printed on 4/29/2022Page 2 of 2
powered by Legistar™

DATE: May 3, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT Adopt a Resolution Approving the Plans and Specifications and Calling for Bids for the Sewer Line Improvements Project, Project No. 07761

RECOMMENDATION

That Council adopts a resolution (Attachment II) approving the plans and specifications for the Sewer Line Improvements Project, Project No. 07761, and calling for construction bids to be received on June 7, 2022.

SUMMARY

The Utilities Division of the Department of Public Works & Utilities replaces the City’s undersized or structurally damaged sewer mains through annual capital improvement projects. The Sewer Line Improvements Project will improve the capacity and maintain the operability of the sewer collection system by replacing approximately 4.1 miles of existing vitrified clay pipe (VCP), asbestos cement pipe (ACP), and high-density polyethylene pipe (HDPE) ranging in diameter from 6 to 12-inch with new 8, 10, 12, or 15-inch polyvinyl chloride (PVC) or HDPE. This project takes place at twenty-nine locations throughout the City (Attachment III). Approximately 3.3 miles will be replaced by traditional open-cut method, and another approximately 0.8 mile will be replaced by trenchless technology used to cross under obstructions that prohibit open-cut installation. Design has been completed and bid documents have been prepared. Staff is requesting Council’s approval of the plans and specifications, and calling for bids to be received on June 7, 202.

BACKGROUND

The City’s current Capital Improvement Program (CIP) includes funding to replace the City’s undersized or structurally damaged sewer mains through annual sewer line replacement projects. The City operates approximately 325 miles of sanitary sewer mains. The Utilities Division staff performs regular sewer main cleaning and has an ongoing program to monitor and inspect the condition of the City’s sanitary sewer collection system using closed circuit television (CCTV) technology. The inspection is performed by placing a camera, mounted on tracks, inside a sewer pipe and remotely guiding it through the length of the pipe to identify structurally damaged sewer mains for repair or replacement.

On September 15, 20201, Council approved Resolution No. 20-141, authorizing the City to enter into a Professional Services Agreement (PSA) with HydroScience Engineers, Inc. (HydroScience), for design services and technical support during construction.

On December 7, 20212, Council approved Resolution No. 21-236, adopting the Initial Study and Mitigated Negative Declaration (IS/MND). The City completed the environmental analysis for the construction of the Water and Sewer Line Improvements Project (Project) in accordance with the California Environmental Quality Act (CEQA). Combining both water and sewer projects into one analysis allows for better design efficiencies and economies of scale.

The water main improvement part of the Project was issued for bidding and awarded separately. It is currently in the construction phase getting all the documents in order prior to starting the actual construction in the field.

On November 15, 20163, Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. The agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. The CWA agreement applies to this Sewer Line Improvements Project because the construction cost estimate is more than $1,000,000.

DISCUSSION

The sewer main improvements include replacing approximately 4.1 miles of existing 6, 8, 10, and 12-inch vitrified clay, asbestos cement, and high-density polyethylene pipes at twenty- nine locations throughout the City as shown in Attachment III. The sewer line locations were selected by staff based on performance and maintenance data over the past several years.

Recommended projects from the 2015 Sewer Master Plan, including upsizing undersized sewer mains, rerouting flows, and installing new sewer lines, were also incorporated to address capacity deficiencies within the existing sewer collection system.

Approximately 3.3 miles of sewer main will be replaced by traditional open-cut method constructed in segments to minimize the impact to customers and traffic. Traditional open- cut sewer repair involves excavating a trench of approximately two to four feet in width and to the depth of the damaged or undersized pipe. Once the sewer main is exposed, the damaged or undersized section is removed and replaced with new pipe. At the same time, a portion of the existing sewer laterals that connect to the sewer are replaced and services are restored. When the repair is complete, the opened trench is backfilled, compacted, and paved to match the original pavement section.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4640098&GUID=DAAB6C51-8A86-47A4-B5D0- 35F45982BD1F&Options=&Search=
2 https://hayward.legistar.com/LegislationDetail.aspx?ID=5347829&GUID=B1C01790-44AD-4D1E-A005- CD3DADA51E29&Options=ID|Text|&Search=07093
3 https://hayward.legistar.com/MeetingDetail.aspx?ID=504356&GUID=BBB3510A-72A9-4C24-ADA5- 97D40B48097B&Options=info|&Search=

The remaining 0.8 mile will either be rehabilitated or replaced by trenchless pipe techniques including microtunneling, pipe bursting, pipe reaming, or cured-in-place pipe (CIPP), where open-cut installation is not recommended due to surface features.

 The microtunneling method generally utilizes a boring head that is driven into the ground together with a protective steel casing using jacking equipment. The boring head cuts through and extracts the soil, and the steel casing allows installation of new sewer mains. This method will be used to install new sewer pipe at Torrano Ave crossing under railroad tracks and flood channels.
 The pipe bursting method uses a bursting head that is pulled through the existing pipe and pushes the pipe outward until it breaks apart. At the same time, the bursting head pulls the new pipe behind it and fills the space created by the old pipe with the new pipe. The locations using pipe bursting are on Cypress Avenue, a section on Carlos Bee Boulevard, and in the easement at Whitestone Court, where bursting existing vitrified clay is effective.
 Pipe reaming uses a horizontal directional drilling (HDD) machine. As the drill head rotates and simultaneously pulls through the existing pipe, the old pipe is ground up and replaced with new pipe. The old pipe is removed by mixing the ground up material with the drilling fluid and transferring the mixture to an exit point for removal via a vacuum truck. This method will be employed in Mission Boulevard and Torrano Avenue, where the existing sewer pipe is under the sidewalk and in area of heavy traffic.  The CIPP technique involves inserting a resin-impregnated flexible tube into the pipe, inflating, and curing with hot water or steam forming a structurally sound, water-tight new pipe within a pipe that has all the structural properties of a stand- alone pipe. This method will be employed to rehabilitate the existing pipe in the easement at Central Avenue.

This project also includes installation of new manholes in areas where it is often difficult to access the existing manholes located in easements on residential properties. Installing new manholes in the public street improves accessibility for future maintenance and operational efficiency when performing Hydro cleaning and CCTV.

Construction is anticipated to begin in August 2022 and take approximately 16 months.

ECONOMIC IMPACT

The community will enjoy the benefits of the project, including the continued operability and serviceability of the sewer collection system. Furthermore, robust and reliable sewer infrastructure can help foster economic development and viability in the City.

Replacing the sewer main and appurtenances are part of an effort to, pursuant to Council direction, modernize and upgrade existing infrastructure. The project will reduce operations and maintenance costs associated with servicing the undersized and structurally defective sewer mains. In addition, staff time attending to issues related to high frequency maintenance and sanitary sewer overflows will be reduced.

FISCAL IMPACT

The estimated costs for the Sewer Line Improvements Project are as follows:

Construction Contract with Contingency $13,600,000
Professional Engineering Services – Consultant $908,933 Inspection & Testing & Permitting $430,000
Construction Administration – City Staff $375,000

Total $15,313,933

The Sewer Line Improvements Project, Project No. 07761, has a total available budget of $11,116,653 in Sewer Replacement Fund 611. In 2020, the City entered into a PSA with HydroScience, of which $908,933 is for sewer design services and technical support during construction. The adopted FY22 CIP includes a remaining budget of $10,489,000. Due to the rising cost of construction labor and materials, the City needs to go through the bidding process to determine the most current project budget. At that time staff would return to Council to request whether additional funds need to be appropriated to cover the total cost of the project.

STRATEGIC ROADMAP

This agenda item supports the Strategic Roadmap, which includes Improve Infrastructure as one of the strategic priorities. Specifically, this item relates to the implementation of the following project:

Project 15: Upgrade sewer collection system by replacing 3-4 miles of sewer lines annually.

SUSTAINABILITY FEATURES

The repair and replacement of deteriorating sewer lines reduces the risk of sewer overflows, which can cause untreated wastewater to flow into public waterways.

PUBLIC CONTACT

Prior to and during construction, notices will be provided to affected residents, property, and business owners to inform them of the nature and purpose of the work, potential impacts, work schedule and City contact for additional information. In addition, staff will separately contact any large employers and schools that may be affected by the project and coordinate work to minimize impact.

NEXT STEPS

If Council approves the project, staff will advertise the construction project for public bidding and return to Council for the award of the construction contract, after construction bids have been received and reviewed.

The following schedule has been developed for this project:

Receive Bids June 7, 2022
Award Construction Contract July 5, 2022 Notice to Proceed August 19, 2022
Construction Completion December 2023

Prepared by: Sammy Lo, Senior Civil Engineer

Reviewed by: Tay Nguyen, Senior Utilities Engineer

Recommended by: Alex Ameri, Director of Public Works

Approved by:

________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL
RESOLUTION NO. 22-______
Introduced by Council Member _________________

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE SEWER LINE IMPROVEMENTS PROJECT, PROJECT NO. 07761, AND CALLING FOR BIDS TO BE RECEIVED BY JUNE 7, 2022

WHEREAS, the City owns and operates approximately 325 miles of sanitary sewer mains; and

WHEREAS, the City conducts ongoing sewer main cleaning and closed -circuit television (CCTV) inspections to identify structurally damaged sewer mains for repair or replacement; and

WHEREAS, approximately 3.3 miles of sewer mains will be replaced by traditional open-cut method, while approximately 0.8 mile of sewer mains will be rehabilitated or replaced by trenchless pipeline technique; and

WHEREAS, the scope includes modifying sanitary sewer manholes (SSMH) and installing new SSMHs for operational efficiency; and

WHEREAS, plans and specifications for the Sewer Line Improvements Project are currently on file in the Office of the City Clerk.

NOW, THEREFORE, BE IT RESOLVED, that those certain plans and specifications for the Sewer Line Improvements Project, Project No. 07 761, (Project) on file in the City of Hayward Office of the City Clerk, are hereby adopted as the plans and specifications for the Project; and

BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to cause a notice calling for bids for the require d work and material to be made in the form and manner provided by law; and

BE IT FURTHER RESOLVED, that sealed bids will therefore be received by the City Clerk’s office at City Hall, 777 B Street, Hayward, California 94541, up to the hour of 2:00 p.m. on Tuesday, June 7, 2022, and immediately thereafter publicly opened and declared by the City Clerk in the City Hall Rotunda, Hayward, California.

ATTACHMENT II

BE IT RESOLVED that the City Council will consider a report on the bids at a regular meeting following the aforesaid opening and declaration of same.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

ATTACHMENT III

ATTACHMENT III

ATTACHMENT III

ATTACHMENT III

ATTACHMENT III

ATTACHMENT III

ATTACHMENT III

ATTACHMENT III

ATTACHMENT III

ATTACHMENT III

ATTACHMENT III

ATTACHMENT III

ATTACHMENT III

ATTACHMENT III

ATTACHMENT III
BID
ITEM
DESCRIPTION QTY UNIT UNIT RATE SUBTOTAL
1 Mobilization/Demobilization (5% of Construction) 1 LS $ 650,000 $ 650,000 2 Traffic Control 1 LS $185,320.00 $ 185,320
3 Sheeting, Shoring, and Bracing 1 LS $ 80,055.00 $ 80,055 4 Water Pollution Control 1 LS $ 44,475.00 $ 44,475
5 Sewer Bypassing and Flow Control 1 LS $102,292.50 $ 102,293 6 Standard 48‐inch Manhole 68 EA $12,000.00 $ 816,000
7 Standard 60‐inch Manhole 8 EA $22,000.00 $ 176,000
8 Shallow Manhole 10 EA $10,000.00 $ 100,000
9 Manhole Outside Drop 1 EA $ 4,000.00 $ 4,000
10 8‐inch Sanitary Sewer (Open Cut) 5,532 LF $ 360.00 $ 1,991,520 11 8‐inch Sanitary Sewer (Fault Zone ‐ Site S25) 415 LF $ 540.00 $ 224,100 12 8‐inch Sanitary Sewer (Pipe Bursting) 417 LF $ 240.00 $ 100,080 13 10‐inch Sanitary Sewer (Open Cut) 5,731 LF $ 450.00 $ 2,578,950 14 12‐inch Sanitary Sewer (Open Cut) 4,522 LF $ 540.00 $ 2,441,880 15 12‐inch Sanitary Sewer (Pipe Bursting) 1,919 LF $ 360.00 $ 690,840 16 15‐inch Sanitary Sewer (Open Cut) 1,590 LF $ 675.00 $ 1,073,250 17 15‐inch or 16‐inch Sanitary Sewer (Pipe Bursting) 807 LF $ 450.00 $ 363,150 18 Trenchless 24‐inch Steel Casing and Sewer (Site S15) 1 LS $325,000.00 $ 325,000 19 Storm Channel Improvements (Site S15) 1 LS $100,000.00 $ 100,000 20 Replace Sewer by Pipe Reaming (Site S15) 688 LF $ 360.00 $ 247,680 21 Trench Dam Modification (Site S29) 3 EA $ 5,000.00 $ 15,000 22 Sewer Spot Repair (10‐foot length) 14 EA $ 7,500.00 $ 105,000 23 CIPP Lining of 8‐inch Sanitary Sewer 567 LF $ 160.00 $ 90,720 24 Concrete Encasement 1,229 LF $ 60.00 $ 73,740
25 New Sewer Lateral Connection (w/5 feet new lateral) 443 EA $ 1,200.00 $ 531,600 26 Additional Sewer Lateral 515 LF $ 150.00 $ 77,250
27 Lateral Cleanout 13 EA $ 1,000.00 $ 13,000
28 Abandon Existing Sanitary Sewer (4" or 6") 915 LF $ 30.00 $ 27,450 29 Abandon Existing Sanitary Sewer (8") 2,131 LF $ 40.00 $ 85,240 30 Abandon Existing Sanitary Sewer (10") 309 LF $ 50.00 $ 15,450 31 Rehabilitate Existing Manhole 28 EA $ 8,000 $ 224,000 32 Manhole Lining 10 EA $ 4,500 $ 45,000
City of Hayward Sewer Improvement Project
Engineer's Opinion of Probable Construction Cost ‐ 90% Design Level HydroScience Engineers
March 2022
All Projects

ATTACHMENT IV
33 Reconstruct Retaining Wall and Access Road (S29) 1 LS $ 50,000 $  50,000 34 Replace 12" Storm Drain Crossing (S20) 1 LS $ 20,000 $ 20,000 Construction Subtotal $ 13,668,043
Bid Contingency at 20% 20% $ 2,733,000
Overall Total $ 16,401,043

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-274
DATE: May 3, 2022
TO: Mayor and City Council
FROM: Fire Chief

SUBJECT
Adopt a Resolution Authorizing the City Manager to Enter Into an Agreement For Vegetation Management Services With Pacheco Landscape Management, For a Not to Exceed Amount of $263,997 to Support The Hayward Fire Department's Creation of Defensible Space Project

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to enter into an agreement for vegetation management services with Pacheco Landscape Management, for a not to exceed amount of $263,997 to support the Hayward Fire Department's Creation of Defensible Space project in the Hayward Hills, Fairview, and Five Canyons Communities.

SUMMARY
The Fire Department was awarded $242,865 from Hazard Mitigation Grant Program, a FEMA grant, to support the Creation of Defensible Space in the Hayward Hills, Fairview, And Five Canyons Communities program. The scope of work for the grant includes ongoing education on wildfire safety and how to create defensible space, conducting a large-scale defensible space demonstration, and supporting the annual chipping program and the Resident Assistance Program (RAP).

After soliciting proposals from several contractors, the Fire Department selected Pacheco Landscape Management to assist with vegetation management activities.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Request for Proposal and Professional Services Agreement Attachment IV Grant Award
CITY OF HAYWARD Printed on 4/29/2022Page 1 of 2
powered by Legistar™
File #:CONS 22-274
CITY OF HAYWARD Printed on 4/29/2022Page 2 of 2
powered by Legistar™

DATE: May 3, 2022

TO: Mayor and City Council

FROM: Fire Chief

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Agreement With Pacheco Landscape Management For Vegetation Management Services Related to The Hayward Fire Department's Defensible Space Project In An Amount Not to Exceed $242,86

RECOMMENDATION

That Council adopts the resolution (Attachment II) authorizing the City Manager to execute an agreement with Pacheco Landscape Management for vegetation management services related to the Hayward Fire Department’s Defensible Space Project, in an amount not-to- exceed $263,997.

SUMMARY

The Hayward Fire Department (HFD) was awarded $242,865 from the FEMA Hazard Mitigation Grant Program to support HFD’s creation of Defensible Space Project servicing the Hayward Hills, Fairview, And Five Canyons communities. The scope of work for the grant includes ongoing education on wildfire safety and the creation of defensible space, large-scale defensible space demonstration(s), and support of the annual Chipping Program and Resident Assistance Program (RAP).

After soliciting proposals from several contractors, the HFD selected Pacheco Landscape Management (PLM) to assist with vegetation management activities related to the Defensible Space Project.

BACKGROUND

Following large-scale disasters, FEMA’s Hazard Mitigation Grant Program (HMGP) funds are awarded to local agencies that have identified plans and projects that reduce the effects of future natural disasters. Program goals include improving the resiliency of communities and implementing effective mitigation strategies in high-risk areas.

The Hayward Fire Department relies heavily on grant funding to sustain its Vegetation Management Program, established in 2012. The Program supports the residents of

Hayward and Fairview with creating defensible space in high-fire hazard areas. It consists of a no-cost chipping service for residents who can cut and stack their tree limbs to be chipped for their use or hauled away. The program also sponsors a Resident Assistance Program (RAP) to assist community members unable to perform such tasks due to age, low income, or disability.

In December 2020, HFD was awarded $21,132 by HMGP to prepare for and plan a large-scale Defensible Dpace Project. The scope of work is scheduled for three phases: (1) Conduct a full- scale outreach campaign to educate Hayward and Fairview community on wildfire behavior, defensible space, evacuation preparation; (2) Present large-scale defensible space demonstration(s); and (3) Engage individual household participation and progress sharing.

With 255 staff hours of careful planning across three departments in 2021, the City successfully completed Phase I of the three-year project and was awarded an additional $242,865 with a cost-share of $80,999 that can be matched with staff time on the project.

On January 18, 2022, a resolution to accept and appropriate grant funding from FEMA HMGP for the Creation of Defensible Space in the Hayward Hills Project was signed by Council.

DISCUSSION

Staff prepared and posted a Request for Proposals (RFP) on the City’s website and sent notification emails to the service providers known for doing similar work. RFP#2215- 012122 was published in January 2022 to solicit proposals to perform vegetation management services for the Phase II demonstration and the RAP. Inquiries concerning the RFP’s scope of work were due on February 21, 2022, and proposals were due on March 18, 2022. The Department received bids from Bay Area Tree Specialists, Pacheco Landscape Management, Bay Area Tree Specialists, Brightview, and Julian Tree Care.

A panel of three members, consisting of the City’s Purchasing Manager, the HFD’s Chipping and RAP Manager, and the HMGP Project Manager, independently scored each proposal.

The panel selected the final candidate based on ability to perform the work, the proposed budget, schedule, demonstrated relevant experience and ability to communicate and work effectively with the public and staff. The evaluation panel unanimously determined that PLM was most suitable to contract with for this project. The panel’s selection criteria and scoring sheets were shared with and approved by the Fire Chief.

Pacheco Landscape Management was awarded on April 13, 2022. PLM staff will assist the HFD with performing various vegetation management activities on private residential properties, chipping, the large-scale demonstrations, and documenting progress with narratives, completed work, and photos for grant reporting.

FISCAL IMPACT

This contract will have no impact on the City’s General Fund. Work completed by PLM will be reimbursed through FEMA’s HMGP.

STRATEGIC ROADMAP

This agenda item is a routine operational item and does not directly relate to the six priorities outlined in the Council’s Strategic Roadmap.

Prepared by: Shanalee Gallagher, Management Analyst

Recommended by: Garrett Contreras, Fire Chief

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-__

Introduced by Council Member __________

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH PACHECO LANDSCAPE MANAGEMENT FOR VEGETATION

MANAGEMENT SERVICES RELATED TO THE HAYWARD FIRE
DEPARTMENT’S DEFENSIBLE SPACE PROJECT IN AN AMOUNT NOT TO EXCEED $263,997

WHEREAS, FEMA’s Hazard Mitigation Grant Program awarded City of Hayward Fire Department an additional $242,865.00 for the Creation of Defensible Space in the Hayward Hills Project and;

WHEREAS, these funds were awarded for a large-scale demonstration project in the Ward Creek Drainage and to provide defensible space education and promote community participation in communities at risk for wildfires and;

WHEREAS, staff hours up to $80,999 can be dedicated to the project to meet the 25% non-federal cost share and;

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward that the City Manager is hereby authorized to execute an agreement with Pacheco Landscape Management for Vegetation Management Services related to the Hayward Fire Department’s Defensible Space Project in an amount not to exceed $263,99, which shall be appropriated from FEMA’s Hazard Mitigation Grant.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2021

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

HAYWARD FIRE DEPARTMENT
Department of Finance – Purchasing Division T: 510.583.4800 F: 510.583.3600 777 B Street, Hayward, CA 94541 www.hayward-ca.gov

Request for Proposal
H
ayward Fire Department
Vegetation Management Services
RFP #
2215-012122
Proposal Due: March 18, 2022 by 3:00pm PST
E
mail to:

[email protected]
Rita Perez, Purchasing Manager
N
[email protected]
Norma Marples, Senior Secretary
Cc
: [email protected]
Shanalee Gallagher, Project Manager
C
ity of Hayward
777 B St.

Hayward, CA 94541

ATTACHMENT III
2 RFP #2215-012122
Hayward Fire Department Vegetation Management Services

Contents
OBJECTIVE ....................................................................................................................................... 3 SUBMISSION ..................................................................................................................................... 3 SCOPE OF WORK............................................................................................................................. 4 Chipping Services ............................................................................................................................... 4 Resident Assistance Program ............................................................................................................. 5 Large-Scale Defensible Space Project ................................................................................................ 5 Work periods ...................................................................................................................................... 5 Terms/Billing ...................................................................................................................................... 5 Record Keeping .................................................................................................................................. 6 Restriction of Work ............................................................................................................................ 6 Traffic Control .................................................................................................................................... 6 Employees .......................................................................................................................................... 7 PROPOSAL FORMAT ...................................................................................................................... 7 Required Information ......................................................................................................................... 8 Qualifications & Requirements .......................................................................................................... 8 Changes / Modifications ..................................................................................................................... 9 SELECTION PROCESS AND CRITERIA ..................................................................................... 9 MISCELLANEOUS STATEMENTS ............................................................................................. 10 END OF REQUEST FOR PROPOSAL ......................................................................................... 10

3 RFP #2215-012122
Hayward Fire Department Vegetation Management Services

OBJECTIVE

The City of Hayward Fire Department (hereinafter referred to as "City") is seeking an experienced and qualified contractor who is specially trained, experienced, and competent to perform on-call chipping services, and defensible space creation on private and public property in accordance with the standard terms, conditions, and specifications per the Hayward Fire Department (HFD). The work shall be done in compliance with the City's proposed contract language set forth in this Request for Proposal.

The objectives for this proposal are to identify a qualified contractor to:
• Perform on-call tree limb chipping services.
• Participate in planning meetings with fire department staff. • Perform activities that contribute to the creation of one or more large-scale defensible space project(s).
• Remove and properly dispose of rubbish from properties. • Perform services within timelines requested by city staff. • Maintain records of work performed and all related correspondence. • Provide invoices for services rendered within 48 hours of project completion.

SUBMISSION

HFD will be accepting proposals to be submitted via email no later than 3:00 p.m., Friday, March 18, 2022. All proposals shall be submitted in accordance with the format and information listed in this RFP. Respondents will absorb all costs incurred in the preparation and presentation of their proposal.

DUE DATE: Proposal submissions for this RFP must be received via email no later than Friday, March 18, 2022, by 3PM PST.

Please email [email protected] and [email protected] with copy to [email protected] to:

1. Confirm your intent to bid,

2. Receive a complete list of questions asked by you and other vendors, along with the City’s response, and

3. Submit your proposal.

Please note important proposal dates below:

Ref Activity Date
1 Issue RFP January 24, 2022
3 Deadline: Email RFP questions February 21, 2022 by 12PM PST 4 City provides RFP question answers via email March 3, 2022 by 5PM PST 5 Deadline: Email Proposal March 18, 2022 by 3PM PST

4 RFP #2215-012122
Hayward Fire Department Vegetation Management Services

• It is the sole responsibility of the proposing firm to ensure that proposals are received prior to the closing date and time, as late proposals will not be accepted. • Submitted proposals will become the property of the City and may be used by the City in any way deemed appropriate.
• The City herby affirmatively ensures that minority, or women business enterprises will be afforded full opportunity to submit proposals in response to this Notice and will not be discriminated against based on race, religion, creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex.
• The City reserves the right to withdraw this Request for Proposal, reject or negotiate any and all proposals, and to waive any irregularity. In negotiating a final contract, the City may increase or decrease the Scope of Work including increasing or decreasing the work for any or all identified tasks within the Scope of Work.
• The City will be receiving Federal funding through the Federal Emergency Management Agency (FEMA) for the Scope of Work and, if so, winning bids will subject the Contractor to Federal procurement standards as described in Title 2 Code of Federal Regulations 200.318-200.326) and FEMA Hazard Mitigation Assistance Procurement Standards.

SCOPE OF WORK

The Contractor shall supply all labor, materials, and equipment necessary to provide the City of Hayward Fire Department with the services listed in the scope of work set forth. The Hayward Fire Department’s Vegetation Management Program consists of on-call tree limb chipping service, residential assistance program for defensible space, and large-scale defensible space projects, as needed.

All work will be located throughout the Hayward Hills and adjacent unincorporated community of Fairview Fire Protection District, including Five Canyons, map of area is attached.

Chipping Services
The Hayward Fire Department runs a 6-8 week on-call tree limb chipping service twice per calendar year, (Spring and Fall). Contractor must be able to start this year’s chipping program by May 1, 2022 and be available on-call through the end of October.

Properties are serviced on a first come first serve basis. HFD will provide the selected Contractor the list of addresses to schedule on a weekly basis, by Thursday of each week. The Contractor will put the weekly list of addresses in order, for service in the following week. Contractor will convey schedule back to HFD representative by the next day (Friday). Contactor will chip tree limbs up to 8” in diameter that have been cut by homeowners, stacked in piles along the edge of their property.

Unless specified by the homeowner Contractor will legally dispose of materials off site as green waste. Where homeowners have made specific arrangements with an HFD representative, contractor will deposit chipped materials in a pile on site as directed by homeowner. Chipping sites shall be left clean of any debris, unless pile has been deemed as “unchippable.” “Unchippable” materials shall not be disturbed, and Contractor must immediately inform HFD representative. 5 RFP #2215-012122
Hayward Fire Department Vegetation Management Services

Homeowners will be instructed to place tree limbs or brush at curb, with the cut side of the limbs facing the street. Contractor employees shall not go beyond the street right-of-way to collect the debris. Homeowners will be instructed that piles shall be free of rocks, dirt, wire, lumber, spiny plants, poison oak and blackberries, and that the chipper cannot chip piles of pine needles or leaves.

HFD will work with the selected Contractor(s) to provide homeowner additional instructions to optimize Contractor chipping production.

Resident Assistance Program
Contactor will assist homeowners approved for the Resident Assistance Program to prepare materials for chipping as well as perform other defensible space services deemed necessary during the onsite visit with HFD personnel, contractor, and homeowner. This will include but is not limited to, pruning tree limbs, cutting brush, clearing down/dead vegetation, and stacking cut materials for pick up as part of the chipping program. Contractor will meet with HFD representative and homeowner to finalize scope of work at each approved property. Contractor will then submit to the HFD representative an itemized scope of work per property for approval of the work.

Large-Scale Defensible Space Project
During the course of the contract, HFD will choose properties within the project area, detailed in this scope of work, to perform defensible space work. These projects are to be used as an example to properties owners of what defensible space should look like.

Defensible Space is defined as follows: 30ft firebreak is made by the complete removal all brush, flammable vegetation, or combustible growth which is located 30ft from such building or structure or to the property line, whichever is nearer. This includes the cutting and removal of all grass to 4 inches or less, complete removal of all dead or dying vegetation, limbing trees to at least 6ft up to 15ft depending on slope and total removal of shrubs under tree canopy. The Fire Department may determine a 100ft clearance is needed depending on extra hazardous conditions. Which would also include the cutting and removal of grass to 4 inches, removal of dead or dying vegetation, limbing trees up to 15ft, thinning of tree crowns, and the removal of bushes and shrubs below tree canopy.

Work periods
Work periods will generally be limited to Monday through Friday. No work will be scheduled on weekends and City holidays. The number of chipping days and Residential Assistance Program will be determined by public participation and the availability of funding for the program. The large- scale defensible space project, and Resident Assistance Program is on an as needed basis for the term of signed Professional Services Agreement.

Terms/Billing
Selected Contractor is expected to execute the City’s Standard Professional Services Agreement and abide by contract provisions outlined in CFR 200 Appendix II for contracts under federal awards.

The City's service agreement, Title 2 CFR 200.318-200.326) and FEMA Hazard Mitigation 6 RFP #2215-012122
Hayward Fire Department Vegetation Management Services

Assistance Procurement Standards. A contract with a not to exceed amount will be furnished to the successful Contractor within the time for acceptance specified. The contract shall be interpreted, construed, and given effect in all respects according to the laws of the State of California. COH terms of payment are N30 from date of invoice.

If the City and the selected Contractor(s) team cannot agree on a satisfactory contract, the City reserves the right to terminate negotiations. The City will then negotiate an agreement with the next highest-ranking responsible Contractor.

Payments shall be made at the unit prices indicated and said payments shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals necessary to complete on-call chipping service, Resident Assistant Program, large defensible space project, and as needed abatement to the satisfaction of the City and no additional payments will be made.

Contractor shall submit chipping invoices on a weekly basis, listing each address completed, fuel load hauled away and man hours per week. The large-scale defensible space project, and Resident Assistance Program work will be invoiced upon completion and inspection of the work performed.

Prices provided will be good until the end of Calendar Year 2022.

Record Keeping
Contractor will maintain accurate records of quantities of materials processed, by general type (tree, brush, etc.) and will cooperate with HFD representative in any audit of such quantities. Contractor shall keep a Hayward Fire Department Representative up do date with daily progress reports on addresses or locations of completed work; and locations where chip piles were evaluated as “unchippable.”

The Contractor’s work is funded by FEMA’s Hazard Mitigation Grant Program and requires both narrative and picture documentation of work. An HFD representative will be present onsite to document the before and after states; no work should be started without said documentation.

Restriction of Work
Contractors will cease work when Red Flag conditions are declared by the National Weather Service. It is the Contractor’s responsibility to be aware of fire conditions. Contractor can learn about fire weather conditions by going to the National Weather Service California Fire Weather web page https://www.weather.gov/
.

Traffic Control
Contractor will be responsible for appropriate traffic control measures. Contractor shall take all reasonable measures as required by existing conditions and performance of the Contractor to protect the public and their property.

7 RFP #2215-012122
Hayward Fire Department Vegetation Management Services

Employees
Contractor shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. Contractor shall regularly train its employees in customer courtesy, shall prohibit the use of loud or profane language, and shall instruct all employees to perform the work as quietly as possible. If any employee is found not to be courteous or not to be performing services in the manner required by the Contract, Contractors shall take all appropriate corrective measures. If City of Hayward has notified Contractors of a complaint related to discourteous or improper behavior, Contractors shall consider reassigning the employee to duties not entailing contract with the public while Contractor is pursuing it investigation and corrective action process.

Contractor shall designate qualified supervisor of field operations who will be available by radio or cell phone during Contractor hours of operations to handle calls and complaints from City of Hayward or to follow up on problems and inspect Contractor operations.

City of Hayward shall notify the Contractor for each violation of the contract reported to them by a resident. It shall be the duty of the Contractors to take proper action to remedy the cause of the complaint within twenty-four (24) hours after notification. Failure to remedy the cause of the complaint within the specified time.

Contractor acknowledges and understands and agrees that there are no promises, expectations or guarantees regarding the amount of work or services to be ordered by City of Hayward from the Contractors under this agreement.

PROPOSAL FORMAT

Contractor must submit a signed cover letter on company letterhead and include the following:
• Confirmation from Contractor that they agree to the terms and conditions set forth in this Request for Proposal.
• Company name, address, website, phone, and fax numbers. • Designation of primary contact within the company who is authorized to answer questions regarding the assigned work, scheduling of the work, and the submittal of the reports to HFD on work completion; include their name, contact phone number, and e-mail. • All items listed in the “Required Information” section. • Contractors to provide pricing on the following items:

Chipping of homeowners cut materials and
Disposal
$____ per cubic yard measured in truck bed
inclusive of all transport and handling to
legally dispose of materials
Chipping of homeowner cut materials and pile
at site
$____ per cubic yard measured in pile on site
Hourly rate / 2-person crew for chipping $____ per hour of 2-person chipping crew inclusive of all transport and equipment
8 RFP #2215-012122
Hayward Fire Department Vegetation Management Services

Hourly rate / 2-person crew for Large Scale
Defensible Space Project and Resident
Assistant Program
$____ per hour of 2-person for Large Scale
Defensible Space Project and Resident
Assistant Program inclusive of all transport
and equipment

Required Information
Contractor to provide the following information:

1. License(s)

2. Insurance (as stated in Qualification & Requirements)

3. Experience (brief description of relevant experience)

4. References (3)

5. Equipment List

6. Price sheet (as listed in Proposal Format)

Qualifications & Requirements
• Three years’ experience doing fuel reduction or similar work in and around communities documented by three references with contact information related to previous work completed.
• Provide a list of all necessary equipment in good working order and trained operators to complete scope of work as described.
• Provide a list of all necessary vehicles to support crew transportation and equipment maintenance.
• Provide fire suppression equipment to support all services provided. • Provide current license to conduct business in the State of California. Contractor or subcontractor performing the work must have a current California C61/D49 license or a C-27 Landscape Contractor License.
• The Contractor must be able to provide a Certified Arborist, as needed. • The Contractor will also be required to carry insurance in the amount of $1,000,000 for each of the following: general liability, automotive liability, workers' compensation, and employers' liability. Professional liability insurance for errors and omissions will also be required.
• The Contractor(s) will be required to comply with the City's nondiscrimination and affirmative action provisions, attached.
• The Contractor will need to stipulate its non-involvement in the development or production of nuclear weapons.
• The Contractor must adhere to the City of Hayward’s General Provisions for Purchases of Work and Services, attached.
• The Contractor must adhere to the contract provisions for procurement outlined in Exhibit F.

In the event of a conflict with other provisions in this contract that address the same or a similar requirement, the provisions that are stricter and impose the greater duties upon Contractor shall apply.
• Contractor must be in good standing and will be verified as a part of the selection process.

9 RFP #2215-012122
Hayward Fire Department Vegetation Management Services

Changes / Modifications
The City reserves the right to order changes in the scope of work. The Contractor has the right to request an equitable price adjustment in cases where modifications to the contract under the authority of this clause result in increased costs to the contractor. Price adjustments will be based on the unit prices proposed by the Contractor. Any contract resulting from this solicitation may be modified upon written and mutual consent of both parties.

SELECTION PROCESS AND CRITERIA

The City will make its selection based on several criteria and reserves the right to accept other than the lowest priced offered. The award will be in the best interest of the City and will be to a firm or firms whose overall proposal is rated as being in the City’s best interest. Selection criteria will include:
• The best match of contractor to project needs, including experience, staffing, past performance with contract administrators etc.
• The best match of contractor’s availability to meet the City’s timing needs. • The best match of operator experience, skills, and equipment for site conditions. • Quality and thoroughness of the proposal.
• Experience and past performance in completing projects of a similar type, size, and complexity.

City staff will evaluate all responses to the RFP that meet the submittal requirements and deadline.

Submittals that do not meet the requirements or deadline will not be considered. The City reserves the right to request additional information or materials from bidding parties, if necessary, to determine the winning proposal.

The City reserves the right to accept or reject any or all proposal, or to alter the selection process in any way, to postpone the selection process for its own convenience at any time, and to waive any informality in the proposals. The City of Hayward retains the right at its sole discretion to select a contractor.

10 RFP #2215-012122
Hayward Fire Department Vegetation Management Services

MISCELLANEOUS STATEMENTS

Pre-Contractual Expenses: The City shall not be liable for any pre-contractual expense incurred by Contractor in the preparation of its proposal and prior to the date of award. Contractor shall not include any such expense as part of its proposal.

Requests for Supplemental Information: The City reserves the right to require the submittal of additional information that supplements or explains proposal materials.

Reimbursement of Costs: No reimbursement whatsoever will be made by the City for any costs incurred by candidates related to the preparation or presentation of proposals.

Property of the City: All materials submitted become the property of the City of Hayward and will not be returned. Funds awarded are public funds and any information submitted or generated is subject to public disclosure requirements.

State Provisions: The Fair Political Practices Act and/or California Government Code Section 1090, among other statutes and regulations may prohibit the City from contracting with a service provider if the service provider or an employee, officer or director of the service or firm, or any immediate family of the preceding, or any subcontractor or contactor of the service provider, is serving as a public official, elected official, employee, board or commission member of the City who will award or influence the awarding of the contract or otherwise participate in the making of the contract. The making of a contract includes actions that are preliminary or preparatory to the selection of a contactor such as, but not limited to, involvement in the reasoning, planning and/or drafting of solicitations for bids and RFPs, feasibility studies, master plans or preliminary discussions or negotiations.

Environmentally Friendly Preferred Purchasing Program: The City shall continue to implement the Environmentally Friendly Preferred Purchasing Program by requiring City contractors to use best management practices (e.g., waste prevention, salvage and reuse, recycling and reusing) to maximize diversion of waste from landfills.

END OF REQUEST FOR PROPOSAL

Attachments & Exhibits
Attachment A: Professional Services Agreement
Attachment B: Project Area: Chipping & Residential Assistance Map

Exhibit A: Nondiscriminatory Employment Practices Provisions Exhibit B: Special Affirmative Action Provision for Supply and Service Contracts Exhibit C: Non-discriminatory Employment Practices and Affirmative Action Certification Statement
Exhibit D: Affirmation on Non-Involvement in Development of Production of Nuclear Weapons
Exhibit E: General Provisions for Purchases of Work and Services Exhibit F: FEMA Mandated Contract Provisions

1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF HAYWARD AND (CONTRACTOR)

THIS AGREEMENT, dated for convenience this day of , 20 , is by and between (name of contractor) , a [insert here a description of the capacity of the contractor such as a sole proprietorship, a California corporation, or a limited partnership], ("Contractor") and the CITY OF HAYWARD, a public body of the State of California ("City");

RECITALS:

WHEREAS, Contractor is specially trained, experienced, and competent to perform the special services which will be required by this agreement; and

WHEREAS, Contractor is willing to render such professional services, as hereinafter defined, on the following terms and conditions.

WHEREAS, Contractor is willing to render such as defined in the proposal entitled “Hayward Fire Department Vegetation Management Services”, dated _______, 2021.

NOW, THEREFORE, Contractor and the City agree as follows:

AGREEMENT:

Scope of Service .

Subject to the terms and conditions set forth in this agreement, Contractor shall provide to City as needed vegetation management services, on-call chipping services, and defensible space activities on private property in accordance with the standard terms, conditions, and specifications per the Hayward Fire Department (HFD). Contractor shall provide said services at the time, place and in the manner specified therein.

Compensation. City hereby agrees to pay Contractor: the unit prices and amounts set forth in the quote, as submitted by the Contractor in response to the City's Request for Proposal for Vegetation Management Services, On-Call Chipping of Homeowner Cut Materials and Resident Assistance Program. This schedule of compensation shall remain in effect for the initial term of this agreement. If the term of this agreement is extended, the schedule of compensation may be amended upon mutual consent of the City and Contractor.

Effective Date and Term . The effective date of this agreement is __________________ and it shall terminate no later than _________________. This agreement may be extended for a

2 period of two 1-year terms, provided the Contractor is continuing to provide the level of service as outlined in their proposal and is satisfactorily abiding by the terms of this Agreement.

Independent Contractor Status . It is expressly understood and agreed by both parties that Contractor, while engaged in carrying out and complying with any of the terms and conditions of this agreement, is an independent contractor and not an employee of the City. Contractor expressly warrants not to represent, at any time or in any manner, that Contractor is an employee of the City.

Billings . Contractor shall submit invoices to the City describing its services and costs in the manner set forth in the proposal (RFP# 2215-012122) specifications for vegetation management services. Contractor shall not invoice the City for services not yet performed. City agrees to remit payment to the contractor within 30 days of receipt of correct invoice.

Advice and Status Reporting. Contractor shall provide the City with timely advice of all significant developments arising during performance of its services hereunder orally or in writing.

Designation of Primary Provider of Services . This agreement contemplates the services of Contractor, [Name, Name, and Name]. The primary provider of the services called for by this agreement shall be [insert here the name of the individual who will provide the services to the City], who shall not be replaced without the written consent of City's Fire Chief.

Assignment of P ersonnel. Contractor 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 removal of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.

Assignment and Subcontracting. It is recognized by the parties hereto that a substantial inducement to City for entering into this agreement was, and is, the [professional] reputation and competence of Contractor. Neither this agreement nor any interest therein may be assigned by Contractor without the prior written approval of City's Fire Chief. Contractor shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City's Fire Chief.

Insurance . On or before beginning any of the services or work called for by any term of this agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City the insurance specified in subsections (a) through (c) below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor.

(a) Workers' Compensation. Statutory Workers' Compensation Insurance and Employer's Liability insurance for any and all persons employed directly or indirectly by Contractor

3 shall be provided with limits not less than one million dollars. In the alternative, Contractor may rely on a self-insurance program to meet these requirements so long as the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the Contractor, if a program of self-insurance is provided, shall waive all rights of subrogation against the City for loss arising from work performed under this agreement.

(b) Commercial General and Automobile Liability. Contractor, at Contractor's own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this agreement in an amount not less than one million dollars 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 this agreement, including the use of owned and non-owned automobiles.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 and Insurance Services Office Automobile Liability form CA 0001 Code 1 (any auto).

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:

(I) City, its officers, employees, agents, and volunteers are to be covered as insureds as respects each of the following: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no spe cial limitations on the scope of protection afforded to City, its officers, employees, agents, or volunteers.

(ii) The insurance shall cover on an occurrence basis, and not on the basis of an accident or claims made.

(iii) The insurance must cover personal injuries as well as bodily injuries.

Any exclusion of contractual liability in personal injury provisions of the policy or any endorsement to it must be eliminated. (iv) The insurance must cover complete contractual liability. This may be provided by amending the definition of "incidental contract" to include any written agreement.

4 (v) Any explosion, collapse, and underground property damage exclusion must be deleted.

(vi) An endorsement must state that coverage is primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss under the coverage.

(vii) The policy must contain a cross liability or severability of interests clause.

(viii) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

(ix) Broad form property damage liability must be afforded. A deductible that does not exceed $25,000 may be provided.

(x) Insurance is to be placed with California- admitted insurers with a Best's rating of no less than B:XI.

(xi) Notice of cancellation or non-renewal must be received by City at least thirty days prior to such change.

(c) Professional Liability. Contractor, at Contractor's 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 one million dollars covering the licensed professionals' errors and omissions, as follows:

(i) Any deductible shall not exceed $100,000 per claim.

(ii) Notice of cancellation or non-renewal must be received by the City at least thirty days prior to such change.

(iii) If the professional liability coverages are written on an occurrence form, the policy must contain a cross liability or severability of interest clause.

(iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:

1. The retroactive date of the policy must be shown and must be before the date of the agreement.

5 2. Insura nce must be maintained and evidence of insurance must be provided for at least five years after completion of the agreement or the work.

3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this agreement, Contractor must provide extended reporting coverage for a minimum of five years after completion of the agreement or the work.

4. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this agreement.

(d) Deductibles and Self-Insured Retentions. During the period covered by this agreement, upon express written authorization of City's City Attorney, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The City may condition approval of an incr ease in deductible or self-insured retention levels upon a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

(e) Notice of Reduction in Coverage. In the event that any coverage required under subsections (a), (b), or (c) of this section of the agreement is reduced, limited, or materially affected in any other manner, Contractor shall provide written notice to City at Contractor's earliest possible opportunity and in no case later than five days after Contractor is notified of the change in coverage.

(f) In addition to any other remedies City may have if Contractor 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:

(i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement;

(ii) Order Contractor to stop work under this agreement or withhold any payment which becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof;

(iii) Terminate this agreement.

6 Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for Contractor's failure to maintain insurance or secure appropriate endorsements.

Indemnification - Contractor's Responsibility. It is understood and agreed that Contractor has the skills and experience necessary to perform the work agreed to be performed under this agreement, that City relies upon the skills of Contractor to do and perform Contractor's work in a skillful manner, and Contractor thus agrees to so perform the work.

Acceptance by City of the work performed under this agreement does not operate as a release of said Contractor from such professional responsibility for the work performed. It is further understood and agreed that Contractor is apprised of the scope of the work to be performed under this agreement and Contractor agrees that said work can and shall be performed in a fully competent manner.

Contractor shall indemnify, defend, and hold City, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, or other cause in connection with the negligent or intentional acts or omissions of Contractor, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising solely out of the active negligence, sole negligence, or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code.

Acceptance of insurance certificates and endorsements required under this agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal or state law, Contractor warrants that such license has been obtained, is valid and in good standing, and shall keep in effect at all times during the term of this agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.

Nondiscriminat ion. Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations in regard to nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, pregnancy, disability, sexual orientation, or other prohibited basis. All nondiscrimination rules or regulation required by law to be included in the Agreement are incorporated by this reference.

OR

7 In the performance of this Agreement, Contractor agrees to comply with the requirements of Hayward Municipal Code, Chapter 2, Article 7, Nondiscriminatory Employment Practices by City Contractors, a summary of which is attached hereto as Exhibit B.

Termination . This agreement may be cancelled at any time by City for its convenience upon written notification to Contractor. In the event of termination, the Contractor shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the City may condition payment of such compensation upon Contractor’s delivery to the City of any or all documents, materials provided to Contractor or prepared by or for Contractor or the City in connection with this agreement.

Notices. Notices required by this agr eement shall be personally delivered or mailed, postage prepaid, as follows:

To Contractor: (Contractor)
(Address
)

To the City: City Manager
777 B Street, 4th Floor
Hayward, CA 94541- 5007

Each party shall provide the other party with telephone and written notice of any change in address as soon as practicable.

Notices given by personal delivery shall be effective immediately. Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail.

Ownership of Materials . Any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by Contractor pursuant to this agreement shall be the property of the City at the moment of their completed preparation.

Amendments . This agreement may be modified or amended only by a written document executed by both Contractor and City's City Manager and approved as to form by the City Attorney.

Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this agreement.

Abandonment by Contractor. In the event the Contractor ceases performing services under this agreement or otherwise abandons the project prior to completing all of the services described in this agreement, Contractor shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this agreement, and shall be paid for the reasonable

8 value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment.

Waiver . The waiver by either party of a breach by the other of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this agreement.

No Third- party Rights. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this agreement or of any duty, covenant, obligation, or undertaking established herein.

Severability . Should any part of this agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this agreement, which shall continue in full force and effect, provided that the remainder of this agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties.

Compliance with Laws . In the performance of this agreement, Contractor shall abide by and conform to any and all applicable laws of the United States, the State of California, and the City Charter and Ordinances of City.

Contractor warrants that all work done under this agreement will be in compliance with all applicable safety rules, laws, statutes and practices, including but not limited to Cal/OSHA regulations.

Controlling Law . This agreement and all matters relating to it shall be governed by the laws of the State of California.

Conflict of Interest. Contractor warrants and covenants that the [principal] provider(s) of services presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this agreement a violation of any applicable state, local, or federal law. If any [principal] provider of services is a "consultant" for the purposes of the Fair Political Practices Act (Gov. Code ' 81000 et seq.), each such person shall comply with Form 721 Statement of Economic Interests filing requirements in accordance with the City=s local Conflict of Interest Code. In addition, if any other conflict of interest should nevertheless hereinafter arise, [principal] provider of services shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this agreement.

Nuclear Free Hayward . Contractor agrees to comply with the requirements imposed by Ordinance No. 87-024 C.S., establishing a "Nuclear Free Hayward." An executed copy of the Affirmation of Non-Involvement in the Development or Production of Nuclear Weapons is attached hereto as Exhibit D and made a part hereof.

9 Copyright . Upon City's request, Contractor shall execute appropriate documents to assign to the City the copyright to work created pursuant to this agreement. The issuance of a patent or copyright to Contractor or any other person shall not affect City's rights to the materials and records prepared or obtained in the performance of this agreement. City reserves a license to use such materials and records without restriction or limitation consistent with the intent of the original design, and City shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by City shall continue for a period of fifty years from the date of execution of this agreement unless extended by operation of law or otherwise.

Time is of the Essence . Contractor agrees to diligently prosecute the services to be provided under this agreement to completion and in accordance with any schedules specified herein.

In the performance of this agreement, time is of the essence.

Whole Agreement . This agreement has eleven pages excluding the exhibits described on its signature page. This agreement constitutes the entire understanding and agreement of the parties. This agreement integrates all of the terms and conditions mentioned herein or inci dental hereto and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof.

Multiple Copies of Agreement . Multiple copies of this agreement may be executed but the parties agree that the agreement on file in the office of City's City Clerk is the version of the agreement that shall take precedence should any differences exist among counterparts of the document.

FEMA Mandated Contract Provisions. All contracts between the City and Contractor must follow the City’s own documented procurement standards (reflecting State, Tribal, and local government laws and regulations) AND applicable federally mandated FEMA contract clauses and provisions (Title 2 CFR 200.318-200.326) included as Exhibit “F”. When the two (2) standards conflict the more restrictive standard applies.

10 IN WITNESS WHEREOF, Contractor has executed this agreement, and the City, by its City Manager, who is authorized to do so, has executed this agreement.

CONTRACTOR

Dated:__________________ By

Its

CITY OF HAYWARD

By
Fire Chief

Dated:__________________ By
City Manager

Attest:

City Clerk

Approved as to Form and Procedure:

City Attorney

Attachments:

Exhibit A: Nondiscriminatory Employment Practices Provisions Exhibit B: Special Affirmative Action Provision for Supply and Service Contracts Exhibit C: Non-discriminatory Employment Practices and Affirmative Action Certification Statement
Exhibit D: Affirmation on Non-Involvement in Development of Production of Nuclear Weapons
Exhibit E: General Provisions for Purchases of Work and Services Exhibit F: FEMA Mandated Contract Provisions

Project
Area:

Chipping &
Resident
Assistance
Treatment
Area
Vicinity Map North
Hayward Fire Department,
Haward-Fairview Defensible Space Chipper and Resident Assistance Program San Francisco Quadrangle, 1978. Scale: 1:100,000

In the performance of this contract the contractor or subcontractor agrees as follows:

1. AFFIRMATIVE ACTION - GENERAL. The contractor or
subcontractor shall not discriminate against any applicant for employment or employee on the grounds of race, color, religion, national origin, ancestry, place of birth, sex, sexual orientation, age, or disability. The contractor or subcontractor will ta ke affirmative action to ensure that its recruitment, selection, and evaluation practices do not discriminate against any applicant for employment or employee. The contractor or subcontractor shall also ensure that its personnel policies, practices and pr ocedures, including but not limited to, the transfer, promotion, demotion, suspension, layoff, or termination, rates of pay or other forms of compensation, and the selection for training programs, apprenticeship, and on- the-job training do not discriminate against any employee. The contractor or subcontractor shall post in conspicuous places that are accessible to applicants for employment and employees notices setting forth this Nondiscriminatory Employment Practices Provision.

2. RECRUITMENT.
(a) Non-union employees. Advertising placed with
any media shall include the notation, "An Equal Opportunity Employer." Advertisements shall be placed with media having large circulation among minority groups or at school placement centers having large minority student enrollments. The contractor or subcontractor will send to each source of employee referrals, other than labor unions or workers' representatives, a notice, in such form and content as shall be furnished or approved by the City, advising such source of employee referrals of its commitments under Chapter 2, Article 7, of the Hayward Municipal Code, and shall post copies of the notices in conspicuous places available to employees and applicants for employment.

Recruitment of non- union employees shall, to the
maximum extent possible, utilize the services of minority organizations likely to be referral sources for minority group employees.

(b) Union employees. Union employees shall be
recruited in accordance with applicable labor agreements. The contractor or subcontractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, in such form and content as shall be furnished or approved by the City, ad vising said labor union or workers' representatives of its commitments under Chapter 2, Article 7, of the Hayward Municipal Code, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contracto r or subcontractor agrees to seek the inclusion in all union agreements to which it is a party, clauses prohibiting discrimination based upon race, color, religion, national origin, ancestry, place of birth, sex, sexual orientation, age, or disability. To the maximum extent consistent with applicable labor agreements the contractor or subcontractor will attempt to recruit applicants without regard to race, color, religion, national origin, sex, age, or disability.

3. EQUAL EMPLOYMENT OPPORTUNITY OFFICER. The
contractor or subcontractor shall designate one of its management employees as its Equal Employment Opportunity Officer and shall assign such officer the responsibility and authority to administer and promote an active program to put the contractor's or subcontractor's nondiscriminatory employment practices commitment into practice.

4. ACCESS TO RECORDS. The contractor or subcontractor
shall permit access during normal business hours to its records of employment, employment advertisements, completed application forms, and other pertinent data and records when requested to do so by the City Manager or any representative of the Fair Employment Practices Commission of the State of California.

5. COMPLIANCE REVIEW PROCEDURES.
(a) The contractor or subc ontractor shall, upon
request of the City Manager, submit its official payroll records together with a monthly cumulative summary of all employee hours worked in performance of its contract with or on behalf of the City identified as to minority status.
(b) The contractor or subcontractor shall submit to a
formal, thorough review of its records, books, reports, and accounts concerning its employment practices for the purpose of determining whether they are nondiscriminatory. This review will be performed at intervals during the performance of the contract as may be specified by the City Manager.

Each review shall be followed within 30 days by either a written notice to the contractor or subcontractor that it is in apparent compliance with the Nondiscriminatory Employment Practices Provision of its contract or by a citation of apparent deficiency, summary of findings, and a statement of remedial commitment for signature by the contractor. If the contractor or subcontractor fails to meet the commitments it has made in executing such statement, the City Manager shall issue a notice of intent to initiate an action against the contractor or subcontractor with the Fair Employment Practices Commission for willful violation of the Nondiscriminatory Employment Practices Provision and the California Fair Employment Practices Act in not less than 30 days of such notice of intent.

6. VIOLATIONS. The City Manager shall deem a finding of willful violation of the Nondiscriminatory Employment Practices Provision and the California Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the contractor or subcontractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426, which has become final, or obtained relief under Labor Code Sections 1429 and 1429.1, or an appropriate federal commission or agency, or a court of the State of California, or if the United States Government finds, in any action or proceeding to which the contractor or subcontractor is a party, that it discriminated against employees or applicants for employment in the performance of this contract. Upon receipt of such notice or final judgement, the City Manager shall notify the contractor or subcontractor that unless it demonstrates to the satisfaction of the City Council within a stated reasonable period that the violation has been corrected, said contractor or subcontractor shall be subject to the remedies hereinafter provided.

7. REMEDIES FOR WILLFUL VIOLATION. The contractor or
subcontractor agrees that a finding of a willful violation of the California Fair Employment Practices Act or of this Nondiscriminatory Employment Practices Provision shall be regarded by the City Council as a basis for determining whether or not it is a responsible bidder as to future contracts for which such contractor or subcontractor may submit bids. The contractor or subcontractor further agrees that such disqualific ation by said City Council shall remain in effect for one year or until it demonstrates to the satisfaction of the City Manager that its employment practices are in conformity with the nondiscrimination provisions of the article.

The contractor or subcont ractor further agrees that the contractor or subcontractor shall, as a penalty to the City of Hayward, forfeit for each calendar day or portion thereof an amount not to exceed $250 or 1 percent of the total contract amount, whichever is greater. Such pena lty may be deducted from any sums due to the contractor or subcontractor or recovered by the City through maintenance of an action in any court of competent jurisdiction.

Prior to making any determination with respect to reinstatement of a contractor or subcontractor as a responsible bidder, the City Council may refer the matter to the Human Relations Commission of the City of Hayward for a report and recommendation. The contractor or subcontractor agrees to cooperate to the fullest extent with said Human Relations Commission in it exercise of the authority here conferred, including, but not limited to, promptly furnishing reports requested by the commission's review of matters relating to such reinstatement.

(REV. 11/5/92)

CITY OF HAYWARD

NONDISCRIMINATORY EMPLOYMENT PRACTICES PROVISION

In accordance with section 2-7.04 of the Hayward Municipal Code (HMC), this provision shall be included in every nonconstruction contract estimated by the City to equal or exceed $10,000 annually, where the contract has a potential for more than one delivery on City request and the Contractor employs more than ten (10) persons, and for every other nonconstruction contract equal to or in excess of $25,000 (whether paid in one sum upon delivery or completion, or paid periodically and such periodical payments are estimated by the City to total $25,000 or more in one year) the following requirements must be met in addition to those set out in The City of Hayward Nondiscriminatory Employment Practices Provision (Sec. 2-7.02, HMC):

1. IN THE PERFORMANCE OF THIS CONTRACT, THE
CONTRACTOR AGREES AS FOLLOWS:

(a) The contractor that submits the apparent low bid shall, on behalf of itself and those of its subcontractors, if any, where the dollar amount of such subcontract exceeds $10,000, furnish the City Manager such information concerning its employment practices and existing and projected work forces in the form and manner as may be requested by the City Manager.

(b) The contractor that submits the apparent low bid and each of its subcontractors, if any, where the dollar amount of such subcontract is $10,000 or more, may be required to attend a conference with the City Manager at such time and place as may be fixed by the City Manager to determine whether the information earlier submitted shows compliance with the nondiscrimination requirements of this article.

In making such determination, the City Manager shall consider the following factors:

(1) The size of the contractor's or subcontractor's existing work force;

(2) The size of the anticipated work force necessary for the contractor or subcontractor to perform the contract or subcontract for or on behalf of the City;

(3) The projected turnover, vacancies, or work force expansion that the contractor or subcontractor expects to occur during the term of the contract;

(4) The specific plans of the contractor or subcontractor to recruit applicants for employment and to select, train, and promote employees hired to complete the contract with or on behalf of the City in like proportion to their numbers in the contractor's or subcontractor's typical, geographic labor market;

(5) An analysis showing the projected work force that would be expected, after all necessary selection is completed, to perform the contract or subcontract with or on behalf of the City absent any discriminatory employment practices;

(6) Any other qualitative or quantitative data which would assist the City Manager in determining the contractor's or subcontractor's commitment to meet the nondiscriminatory employment practices requirements of this contract.

(c) Following such conference, the apparent low bidder shall enter into a memorandum of understanding with the City in a form agreed to by such contractor and the City Manager, which memorandum of understanding shall set forth the measures that the contractor and its subcontractors who have attended the conference shall take in furthering and meeting its nondiscrimination employment practices commitment during the performance of the contract.

(d) In the event the apparent low bidder fails to submit the requested written information, appear at the conference, or enter into a memorandum of understanding that is acceptable to the City Manager, the City Manager shall, after giving notice and an opportunity to respond to the apparent low bidder, contact the second lowest bidder for the purpose of conducting the procedure set out in subsections (a) through (c) herein.

2. IMPLEMENTING RULES AND REGULATIONS, ENFORCEMENT
PROCEDURE, AND DELEGATION OF RESPONSIBILITY. (Sec. 2-7.05, HMC)

The City Manager shall promulg ate all rules, regulations, and forms necessary to implement the provisions of this article. So far as is practical, such rules, regulations, and forms shall be similar to those adopted pursuant to federal Executive Order 11246 and the Fair Employment Practices Act of the State of California.

The City Manager shall monitor the performance of the contractors and subcontractors in their achievement of the nondiscriminatory employment practices requirements provided herein, conduct on-site inspection of their work forces and employment records and submit periodic reports on such performances to the City Council and Human Relations Commission for advisory review to the City Council regarding modifications of this article so as to ensure its effectiveness.

The City Manager shall designate a Contract Compliance Officer and may, at his discretion, delegate responsibility and authority for administering the provisions of this article to the Contract Compliance Officer and to such other officers or employees of the City as necessary for proper administration of this program.

3. EXEMPTIONS. (Sec. 2-7.06, HMC)

The following contracts are exempt from the provisions of this article:

(a) Contracts with other governmental jurisdictions;

(b) Contracts with manufacturer s whose principal place of business is located outside the United States;

(c) Contracts with the United States manufacturers whose principal place of business is located outside the State of California;

(d) Contracts with any single or sole source suppli er of any goods or service; and

(e) Contracts resulting from exigent emergency requisitions where any delay in completion or performance of the contract would jeopardize the public health, safety, or welfare of the citizens of the City of Hayward, or where in the judgement of the City Manager the operational effectiveness of a significant City function would be significantly threatened if the contract were not entered into expeditiously.

4. CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246. (Sec. 2 -7.07, HMC)

No provision of this article shall be construed to apply to any federally assisted construction contract entered into by the City that is subject to Executive Order 11246 or any order amending or superseding Executive Order 11246, the rules and regulations promulgated pursuant to said order, or the Federal Equal Employment Opportunity Bid Conditions for Alameda County.

5. OTHER REMEDIES. (Sec. 2-7.08, HMC)

The provisions of this article shall not be construed to prevent the City from pursuing and obtaining any remedy or relief as may be prescribed by law.

6. CONTACT

City of Hayward Purchasing and Contract Compliance Specialist, (510) 583- 4802.
(rev. 06/26/02)

CITY OF HAYWARD

SPECIAL AFFIRMATIVE ACTION PROVISION FOR SUPPLY AND

SERVICE CONTRACTS

NONDISCRIMATORY EMPLOYMENT PRACTICES
AND

AFFIRMATIVE ACTION CERTIFICATION STATEMENT

The Respondent to a City of Hayward Request for Proposals/Request for Quotation hereby certifies that it is in compliance with all executive orders, federal and state laws regarding fair employment practices and nondiscrimination in employment.

1. That it shall demonstrate compliance with the requirements established in the Affirmative Action provisions (EEO) for supply and services contracts.

2. That it fully understands that the provisions contained in the City’s special Affirmative Action provisions shall be considered a part of its contractual agreement with the City in the event of award of contract.

3. That it is in compliance with all executive orders, federal, state and local laws (including Hayward Municipal Code Chapter 2, Article 7) regarding fair employment practices and nondiscrimination in employment.

___________________________________ _____________________________ (Print/Type Name of Company Official) (Title)

___________________________________ _____________________________ (Signature of Company Official) (Date)

Name of Project: _____________________________________________________

Name of Firm: _____________________________________________________

Address: _____________________________________________________ Street Address City/State/Zip

Telephone: ( __ ) ___________________ ( ___ ) ____________________

Please check below as appropriate:

( ) Prime Contractor ( ) Subcontractor ( ) Professional Services

( ) Supplier of Goods ( ) Supplier of Services

DEPARTMENT OF FINANCE

777 B STREET, HAYWARD, CA 94541-5007
TEL: 510/583-4802 • FAX 510/583-3600 • TDD: 510/583-3340

NONDISCRIMATORY EMPLOYMENT PRACTICES
AND

AFFIRMATIVE ACTION CERTIFICATION STATEMENT

The Respondent to a City of Hayward Request for Proposals/Request for Quotation hereby certifies that it is in compliance with all executive orders, federal and state laws regarding fair employment practices and nondiscrimination in employment.

1. That it shall demonstrate compliance with the requirements established in the Affirmative Action provisions (EEO) for supply and services contracts.

2. That it fully understands that the provisions contained in the City’s special Affirmative Action provisions shall be considered a part of its contractual agreement with the City in the event of award of contract.

3. That it is in compliance with all executive orders, federal, state and local laws (including Hayward Municipal Code Chapter 2, Article 7) regarding fair employment practices and nondiscrimination in employment.

____________________________________ ______________________________ (Print/Type Name of Company Official) (Title)

____________________________________ ______________________________ (Signature of Company Official) (Date)

Name of Project: ______________________________________________________

Name of Firm: ______________________________________________________

Address: ______________________________________________________ Street Address City/State/Zip

Telephone: ( ___ ) ___________________ ( __ ) ____________________

Please check below as appropriate:

( ) Prime Contractor ( ) Subcontractor ( ) Professional Services

( ) Supplier of Goods ( ) Supplier of Services

DEPARTMENT OF FINANCE – PURCHASING DIVISION

777 B STREET, HAYWARD, CA 94541-5007
TEL: 510/583-4800 • FAX 510/583-3600 • TDD: 510/583-3340

Department of Finance
Purchasing Division
777 B Street, Hayward, CA 94541-5007
Tel: 510/583-4800 Fax: 510/583-3600

AFFIRMATION ON NON-INVOLVEMENT IN

DEVELOPMENT OF PRODUCTION OF NUCLEAR WEAPONS

The undersigned hereby certifies:

1) That it understands that City of Hayward Ordinance No.87024 C.S. prohibits award of contract to, or purchase of goods or services from, "any person which is knowingly or in tentionally engaged in the development or production of nuclear weapons."

2) That it understands the ordinance de fines "Nuclear Weapon" as "any device the intended explosion of which result s from the energy released by fission or fusion reactions in volving atomic nuclei."

3) That it understands the ordinance de fines "Person" as "any person, private corporation, institution or other entity..."

As the owner or company official of the firm identified below, I affirm that this company is not knowingly or intentionally engaged in such development or production.

_______

Print/Type Company Name Print/Type Official Name & Title

_______
________________
Company Address Signature of Company Official

City/State/Zip Code Date

PLEASE FAX TO (510) 583-3600

If these general provisions are incorporated by reference into a Purchase Order for work and/or services, all references to "Bidder" or "Succes sful Bidder" shall be construed to mean the Seller from whom work and services are purchased by the City. The work and services described in the accompanying Request for Quotation or Purchase Order hereinafter shall be designated as "The Work".

1.00 Legal Relations and Responsibilities

1.01 Laws to be Observed: The Bidder shall keep itself fully informed of all existing and future State and Federal laws, including O.S.H.A. standards, and all municipal ordinances and regulations of the City of Hayward whi ch in any manner affect those engaged or employed in The Work or the materials used in The Work, or which in any way affect the conduct of The Work, a nd of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

1.02 Labor Discriminations: No discrimination shall be made in employment of persons upon The Work because of the race, color or religion of such persons, and any Successful Bidder which violates this Section is subjec t to all the penalties imposed for a violations of Chapter 1, Part 7, Division 2, of the Labor Code of the State of California in accordance with the provisions of Section 1735 thereof.

1.03 Prevailing Wage: The Successful Bidder hereby stipulates that Sections 1771 and 1777.5 of the Labor Code of the State of California shall be complied with and shall forfeit as a penalty to the City of Hayward not more than fifty dollars ($50.00) for each calendar day or portion thereof for e ach worker paid less than the general prevailing rates of per diem wages as det ermined by the Department of Industrial Relations for such work or craft in which such worker is employed on The Work in violation of the Labor Code of the State of California, in particular the provisions of Sections 1770 to 1780, Inclusive, thereof.

Copies of the general prevailing wage rates are on file in the office of the City Engineer and are available to any interested parties on request.

1.03.1 Certified Payroll Records: Bidder shall maintain certified payroll records as required by Section 1776 of the Labor Code. Copies of certi fied payroll records shall be provided to the City of Hayward within ten (10 ) days of written request by the City. Failure to provide copies of certified payroll within the time prescribed by statute shall result in imposition of monetary pe nalties or withholding of progress payments due under the contract.

1.04 Permits and Licenses: Any person doing business in the City of Hayward is required by Chapter 8, Section 1 of the Municipal code to pay a business license tax. The successful bidder shall have or procure a business license and, prior to initiation of work, show evidence thereof to the Revenue Depart ment. The successful bidder shall, in addition, procure all permits, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of The Work.

1.05 Encroachment Permit: The Successful Bidder shall obtain and/or comply with any encroachment permits as set forth in the order.

1.06 Patents: The Successful Bidder shall assume all responsibilities arisi ng from the use of patented materials, equipment, devices, or processes used on or incorporated in The Work.

1.07 Public Convenience and Safety: Attention is directed to all applicable Sections of Chapter 7, Article 2, STREETS, "Disturbance of Streets," of the City of Hayward Municipal Code.

Traffic control procedures stated herein and traffic control standard plans shall be the MINIMUM accepted in the City of Hayward. Any variations shall be approved by the Engineer prior to use. In no way shall compliance with these specifications and standards relieve the Successful Bidder of a ny liability for claims or damages arising from his work.

All streets within the project limits shall remain open to traffic at all times during the construction period. Between the hours of 5:00 PM and 8:00 AM, all lanes remain open to traffic.

Adequate traffic warning and control devices shall be provided and maintained by the Successful Bidder during the construction period in accordance with the "State of California Manual of Warning Signs, Lights and Device s for Use In Performance of Work upon Highways" dated 1973. When inadequate traffic warning and control devices have been installed, the City shall provide whatever facilities are deemed necessary and will charge the Successful Bidder for the costs thereof as provided in Section 7, Article 2 of the Hayward Municipal Code.

Traffic control signs, (regulatory, warning or construction type) conforming to the State of California Standards, and any special-legend signs required, except "NO PARKING" signs, shall be furnished by the Successful Bidder as directed by the Engineer.

The Successful Bidder shall install and maintain all signs.

Any obstructions which will remain in the roadway after darknes s MUST BE adequately outlined with barricades with flashers or delineators along with other warning devices. All barricades and delineators shall conform to State of California Manual of Warning Signs, Lights, and Devices for Use in Performance of Work upon Highways.

Safe and convenient pedestrian access shall be provided at all times.

Flagmen are mandatory at locations where equipment is intermittently blocking a traffic lane or where only one lane is available for two-direct ion traffic. One flagman is required for each direction of traffic affected wher e only one lane is available for over 100 feet or when required by the Engineer. When less than 20 feet of street width is available for traffic, a flagman will b e required. Flagman shall wear distinctive clothing, such as a RED jacket.

All work specified herein shall be considered to be at the Succ essful Bidder's expense.

1.08 Responsibility for Damage:

The Successful Bidder shall take all
responsibility for the Work, shall bear all losses and damages directly or indirectly resulting to the Bidder, to any subcontractor, to the City, to City employees, or to parties designated in any purchase order provision, on account of the performance or character of The Work, unforeseen difficulties, accidents, occurrences or other causes predicted on active or passive negl igence of the City, or of parties designated in any purchase order provisions. Said Bidder shall assume the defense of and shall indemnify and hold harmless the City, its officers, officials, directors, employees and agents from and a gainst any or all loss, liability, expense, claim, costs, suits and damages of every kind, nature and description directly or indirectly arising from the performance of The Work.

Approval of the insurance contract does not relieve the Success ful Bidder or subcontractors from liability under this clause.

1.09 Responsibility for Work: Except as provided above, until the formal acceptance of The Work by the City, the Successful Bidder shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether ari sing from the execution or from the nonexecution of The Work. The Successful Bidder shall rebuild, repair, and restore, and make good all injuries or damages to any portion of The Work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by acts of the Federal Government or of the public enemy.

1.10 No Personal Liability: Neither the City Council, officers, employees or agents of the City of Hayward, nor any other officer or authori zed assistant or agent shall be personally responsible for any liability arising from or in connection with The Work.

CITY OF HAYWARD

GENERAL PROVISIONS FOR PURCHASES

OF WORK AND SERVICES

1.11 Responsibility of City: The City of Hayward shall not be held responsible for the care or protection of any material or parts of The Work pri or to final acceptance, except as expressly provided for in these specifications.

1.12 Successful Bidder Not an Agent of the City of Hayward: The right of general supervision of the City of Hayward shall not make the Successfu l Bidder an agent of the City; and the liability of the Successful Bidder f or all damages to persons or to public or private property arising from the Succe ssful Bidder's execution of The Work shall not be lessened because of such gen eral supervision.

1.13 Inspection and Payments Constitute No Waiver of Order Prov isions:

Neither the Inspection by the City Engineer nor by an inspector or other City representative, nor any payment of money, nor acceptance of any part or whole of The Work by the City of Hayward or its agents shall operate as a waiver of any provision of the order.

1.14 Insurance Requirements: Successful Bidder shall promptly obtain, at the Bidder's own expense, all the insurance required by this section and shall submit a completed copy of Coverage Verification signed by the Success ful Bidder's agent or broker to the City's Purchasing Division for review and approval by the City. Insurance requirements must be met prior to issuance of purchase order. It is highly recommended that Bidders confer with their insurance carrier or broker to determine in advance of bid submission the availability of insurance coverage and endorsements as prescribed and provided herein. If an apparent successful bidder fails to comply with the insurance requirements, that Bi dder may be disqualified.
(1) The Successful Bidder shall take out and maintain during th e life of the purchase order statutorily sufficient Workers' Compensation and Employer's Liability Insurance for all of the Bidder's employees to be engaged on The Work.

Should any work be sublet, the Successful Bidder shall require t h e subcontractor similarly to provide Workers' Compensation and Em ployer's Liability Insurance, all in strict compliance with State laws and to fully protect the City from any and all claims arising out of occurrences on The Work. (2) The Successful Bidder shall take out and maintain in the na me of the Successful Bidder and the City as a Named Insured during the li fe of the purchase order, such Public Liability Insurance as shall protect itself, the City, its officials, officers, directors, employees and agents from claims which may arise from operations under the purchase order, whether such operatio ns be the Bidder, by the City, its officials, officers, directors, employ ees and agents, any subcontractors, or by anyone directly or indirectly employed by either of them.

This Liability Insurance shall include, but shall not be limite d to, protection against claims arising from bodily and personal injury and dama ge to property, resulting from the Successful Bidder's, City's or subcontractor's operations, use of owned or non-owned automobiles, products, and completed operations. The amounts of insurance shall not be less than the following:

Single Limits Coverage Applying to Bodily and Personal Injury Liability and Property Damage: $1,000,000.

If Commercial General Liability Insurance or other form with a General Aggregate Limit is used, either the General Aggregate Limit shall apply s eparately to the project/location or the General Aggregate Limit shall be twice the required occurrence limit.

The following endorsements must be attached to the policy:
(a) If the Insurance policy covers on an "accident" b a s i s , i t must be changed to "occurrence".
(b) The policy must contain a Cross Liability or Severability of Interest Clause.
(c) The policy must cover complete Contractual liability.

Exclusions of contractual liability as to bodily injuries, pers onal injuries a n d
property MUST BE ELIMINATED from the basic policy endorsements. (d) Broad Form property damage liability must be afforded.

Permission is granted for deductible which shall not exceed $10 ,000 without special approval of the City.
(e) Any failure to comply with reporting or other provisions o f the policies including brochures of warranties shall not affect coverage provided to the City, its Officials, Officers, Directors, Employees, or Agents. (f) An endorsement shall be provided which states that the coverage is PRIMARY INSURANCE and that no other insurance effected by the City will be called upon to contribute to a loss under this coverage. (g) Cancellation, non-renewal or reduction in limits shall be sent to the City with at least 10 days prior written notice, by ce rtified mail, return receipt requested.
(h)Insurance is to be placed with California Admitted Insurers with an A.M. Best's Rating of no less than A:XI.

Successful Bidder shall not commence work until such insurance has been approved by the City. The Successful Bidder shall not allow any subcontractor to commence work on its subcontract until all similar insurance re quired of the subcontractor has been obtained. Such insurance shall remain in full force and effect at all times during the prosecution of The Work and unti l the final completion and acceptance thereof.

1.15 Disposal of Material Outside the Public Right of Way: The Successful Bidder shall make his own arrangements for disposing of materials outside the public right of way, and he shall pay all costs involved.

1.16 Preservation of Property: Attention is directed to Section 1.08, "Responsibility for Damage." Due care shall be exercised to av oid injury to existing improvements or facilities, adjacent property and real or personal property that is not to be removed.

1.17 Cooperation: Should work be performed by other firms, within or adjacent to The Work specified, or should work of any other nature be underway by other forces within or adjacent to said limits, the Successful Bidder shall cooperate with all such other firms or other forces to the end that any delay or hindrance to their work will be avoided. The right is reserved to perform other or additional work at or near the site (including material sources) at any time, by t he use of other forces.

When two or more firms are employed on related or adjacent work , each shall conduct his operation in such a manner as not to cause any unnecessary delay or hindrance to the other. Each firm shall be responsible to t he other for all damage to work, to persons or property caused to the other by h is operations and for loss caused the other due to his unnecessary delays or failure to finish The Work within the time specified for completion.

1.18 Assignment: The performance of The Work may not be assigned except upon the written consent of the Purchasing Agent. Consent will not be given to any proposed assignment which would relieve the Successful Bidder or its surety of their responsibilities under the order. The Successful Bidd e r m a y a s s i g n monies due or to become due it under the order and such assignm ent will be recognized by the City, if given proper notice thereof, to the extent permitted by law. That any assignment of money shall be subject to all proper set-offs in favor of the City, and to all deductions provided for in the order, a nd particularly all money withheld, whether or not assigned, shall be subject to being used by the City for the completion of The Work, in event that the Successful Bidder should be in default therein.

1.19 Time of Completion: The Successful Bidder shall complete all or any designated portion of The Work in all parts and requirements within the time set forth in the order.

1.20 Care and Protection: The Successful Bidder shall be entirely responsible for any damage to the City's or adjacent property due to haulin g materials or other causes attributable to the conduct of his work, and all such damage will be repaired by the Successful Bidder when and as directed by the C ity's representative, and as required to place the property in as goo d condition as before the commencement of The Work.

1.21 Nondiscriminatory Employment Practices: In the performance of this contract the contractor or subcontractor agrees as follows:
(1) AFFIRMATIVE ACTION - GENERAL
The contractor or subcontractor shall not discriminate against any applicant for employment or employee on the grounds of race, color, religion, national origin, ancestry, place of birth, sex, sexual orientation, age, or disability. The contractor or subcontractor will take affirmative action to ensure that it s recruitment, selection, and evaluation practices do not discriminate against any applicant for employment or employee. The contractor or subcontractor shall also ensure that its personnel policies, practices and procedures, including, but not limited to, the transfer, promotion, demotion, suspension, layoff, or terminati on, rates of pay and other form of compensation, and the selection for training programs, apprenticeship, and on-the-job training do not discriminate aga inst any employee. The contractor or subcontractor shall post in conspicuous places that are accessible to applicants for employment and employees notices setting forth this Nondiscriminatory Employment Practices Provision.
(2) RECRUITMENT
(a) Non-union employees. Advertising placed with any media shall include the notation, "An Equal Opportunity Employer." A dvertisements shall be placed with media having large circulation among minority groups or at school placement centers having large minority student enrollme nts. The contractor or subcontractor will send to each source of employee referrals, other than labor unions or workers' representatives, a notice in such form and content as shall be furnished or approved by the City, advertising said s o u r c e o f employee referrals of its commitments under Chapter 2, Article 7, of the Hayward Municipal Code, and shall post copies of the notices in conspic uous places available to employees and applicants for employment.

Recruitment of non-union employees shall, to the maximum extent possible, utilize the services of minority organizations likely to be ref erral sources for minority group employees.
(b) Union employees. Union employees shall be recruited in accordance with applicable labor agreements. The contractor or subcontractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, in such form and content as shall be furnished or approved by the City, advising said labor union or workers' representatives of its commitments under Chapter 2, Article 7, of the Hayward Municipal Code, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or sub contractor agrees to seek the inclusion i n all union agreements to which it is a party, clauses prohibiting discrimination based upon race, color, religion, national origin, ancestry, place of birt h, sex, sexual orientation, age, or disability. To the maximum extent consistent with applicable labor agreements, the contractor or subcontractor will attempt to recruit applicants without regard to race, color, religion, national origin, ancestry, place of birth, sex, sexual orientation, age, or disability.
(3) EQUAL EMPLOYMENT OPPORTUNITY OFFICER
The contractor or subcontractor shall designate one of its mana gement employees as its Equal Employment Opportunity Officer and assign such officer the responsibility and authority to administer and promote an active program to put the contractor's or subcontractor's nondiscriminatory employment practices commitment into practice.
(4) ACCESS TO RECORDS
The contractor or subcontractor shall permit access during norm al business hours to its records of employment, employment advertisements, completed application forms, and other pertinent data and records when requested to do so by the City Manager or any representative of the Fair Employmen t Practices Commission of the State of California.
(5) COMPLIANCE REVIEW PROCEDURES
(a) The contractor or subcontractor shall, upon request of the

City Manager, submit its official payroll records together with a monthly cumulative summary of all employee hours worked in performance of its contract with or on behalf of the City identified as to minority status. (b) The contractor or subcontractor shall submit to a formal , thorough review of its records, books, reports, and accounts co ncerning its employment practices for the purpose of determining whether the y are nondiscriminatory. This review will be performed at intervals during the performance of the contract as may be specified by the City Manager.

Each review shall be followed within 30 days by either a writte n notice to the contractor or subcontractor that it is in apparent compliance w ith the Nondiscriminatory Employment Practices Provision of its contract or by a citation of apparent deficiency, summary of findings, and a statement of remedial commitment for signature by the contractor. If the contractor or subcontractor fails to meet the commitments it has made in executing such statement, the City Manager shall issue a notice of intent to initiate an action against the contractor or subcontractor with the Fair Employment Practices Commission for willful violation of the Nondiscriminatory Employment Practices Provisi on and the California Fair Employment Practices Act in not less than 30 days or such notice of intent.
(6) VIOLATIONS
The City Manager shall deem a finding of willful violation of the Nondiscrimination Employment Practices Provision and the California Fair Employment Practices Act to have occurred upon receipt of written notice from the Fa ir Employment Practices Commission that it has investigated and determined that the contractor or subcontractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426, which has become final, or obtained relief under Labor Code Sections 1429 and 1429.1, or an appropr iate federal commission or agency, or a court of the State of California, or if the United States Government finds, in any action or proceeding to which the cont ractor or subcontractor is a party, that it discriminated against employees or applicants for employment in the performance of this contract. Upon receipt or such notice or final judgment, the City Manager shall notify the contractor or subcontractor that unless it demonstrates to the satisfaction of the City Council within a stated reasonable period that the violation has been corrected, said c ontractor or subcontractor shall be subject to the remedies hereinafter provided. (7) REMEDIES FOR WILLFUL VIOLATION
The contractor or subcontractor agrees that a finding of willfu l violation of the California State Fair Employment Practices Act or of this Nondi scriminatory Employment Practices Provision shall be regarded by the City Council as a basis for determining whether or not it is a responsible bidder as to future contracts for which such contractor or subcontractor may submit bids. The co ntractor or subcontractor further agrees that such disqualification by said City Council shall remain in effect for one year or until it demonstrates to the satisfaction of the City Manager that its employment practices are in conformity with th e nondiscrimination provisions of the article.

The contractor or subcontractor further agrees that the contrac tor or subcontractor shall, as a penalty to the City of Hayward, forfeit for each calendar day or portion thereof an amount not to exceed $250 or 1 percen t of the total contract amount, whichever is greater. Such penalty may be deducted form any sums due to the contractor or subcontractor or recovered by the City through maintenance of an action in any court of competent jurisdiction.

Prior to making any determination with respect to reinstatement of a contractor or subcontractor as a responsible bidder, the City Council may refer the matter to the Human Relations Commission of the City of Hayward for a rep ort and recommendation. The contractor or subcontractor agrees to coop erate to the fullest extent with said Human Relations commission in its exer cise of the authority here conferred, including, but not limited to, promptly furnishing reports requested by the commission's review of matters relating to such reinstatement.

1.22 Acceptance and/or Rejection of Bids: The City reserves the right to reject any or all bids, or to accept separate items in a bid. In addition the City reserves the right to cancel a Request for Bids or an award at any time.

1.23 Waiving Minor Irregularities: The City may waive any minor irregularities in a bid or in the bidding process and make award accordingly.

1.24 Nuclear Affirmation Requirements: A purchase order has no force or effect until the person to which it is issued has on file with the Cit y or executes and returns to the City of Hayward's Purchasing Manager an Affirmat ion Of Non-Involvement In Development Or Production Of Nuclear Weapons. City of Hayward Ordinance 87-024 C.S. defines "nuclear weapons" as "any device the intended explosion of which results from the energy released by fission or fusion reactions involving atomic nuclei." The ordinance defines "per son" as "any person, private corporation, institution or other entity."

1.25 Hazardous Material Requirements: The contractor shall comply with all government laws, rules and regulations concerning the use of ha zardous materials and the disposal of hazardous wastes at the job site, including but not limited to the following:
(1) The contractor shall not bring hazardous materials onto the job site or deliver hazardous materials without providing the City, in advance, the Material Safety Data Sheets for each hazardous material introduced. Where applicable, materials must be labeled in accordance with Section 5194, Titl e 8, of the California Administrative Code. The contractor is required to include a Material Safety Data Sheet prepared in accordance with Section 5194 (g) with each shipment of all such materials to the City. No hazardous mater ial will be introduced onto the job site until the City gives written appro val for each hazardous material.
(2) All hazardous material shall be stored and used in a safe m anner and shall not be stored or used in any vehicular or pedestrian traffic lanes. (3) Any hazardous products, waste or empty containers used or generated shall not be poured down any drain or sewer nor dispo sed of in any trash container or dumpster.
(4) The contractor will be considered to be the hazardous waste generator and will be responsible for the legal transport and disposal of all hazardous waste. No containers or trash will be left in any building or on any job site. (5) The contractor shall not disturb or damage any existing pip e lagging or equipment insulation or other asbestos material on the job site. If any asbestos material is disturbed or damaged, the contractor shall immediately notify the City and the situation will be considered an "asbestos release" unde r State and Federal Regulations. The job will be shut down immediately until all appropriate State and Federal notifications have been complete and all testing completed to determine if any asbestos fibers have been released.
(6) Violation of any of the above procedures shall be sufficien t cause for the City to stop all work. Any expense incurred by the City caused by the work stoppage will be borne by the contractor. These expenses will include all costs to return the job site and all other areas contaminated by the contractor to a hazard-free condition.
(7) The contractor will be solely responsible for all the costs , including fines and penalties, for the investigation and cleanups of any suspected hazardous materials the contractor used, left on the job site, or dumped down a City drain or sewer, and any damage to property and/or injury to any person.

1.26 Recycled Materials: It is the policy of the City of Hayward to encourage the use of recycled materials, reusable products, and products desi gned to be recycled. Contractors and suppliers shall use or provide such materials or products to the maximum extent practicable and allowable within the specifications prepared by the City, provided however, that the performance or operational effectiveness of the product or material is not detrimentally effected nor the health and safety of the citizens or employees of the C ity of Hayward negatively impacted by the use of such products or materials. (REV. 01/31/13)

Exh ibit F
E xhi bi t F : F E MA Mandated C ontract Provi si ons This contract is eligible for FEMA funding. FEMA requires inclusion of the following contract provisions for procurement. In the event of a conflict with other provisions in this contract that address the same or a similar requirement, the provisions that are stricter and impose the greater duties upon Contractor shall apply.

1. Remedies for Breach. In addition to all other remedies included in this contract, Contractor shall, at a minimum, be liable to the City for all foreseeable damages it incurs as a result of Contractor violation or breach of the terms of this contract. This includes without limitation any costs incurred to remediate defects in Contractor’s services and/or the additional expenses to complete Contractor’s services beyond the amounts agreed to in this c ontract, after Contractor has had a reasonable opportunity to remediate and/or complete its services as otherwise set for in this contract. All remedies provided for in this contract may be exercised individually or in combination with any other remedy av ailable hereunder or under applicable laws, rules and regulations. The exercise of any remedy shall not preclude or in any way be deemed to waive any other remedy.

2. Termination for Convenience. City shall have the option, in its sole discretion, to terminate this Contract, at any time during the term hereof, for convenience and without cause. City shall exercise this option by giving Contractor written notice of termination. The notice shall specify the date on which termination shall become effec tive. In no event shall City be liable for costs incurred by Contractor or any of its subcontractors after the termination date specified by City, except for those costs reasonably necessary to effectuate demobilization from the work.

3. Termination for Cause. On and after any event of default, City shall have the right to exercise its legal and equitable remedies, including without limitation, the right to terminate this contract for cause or to seek specific performance of all or any part of this contrac t. In addition, City shall have the right (but no obligation) to cure (or cause to be cured) on behalf of Contractor any event of default.

Contractor shall pay to City on demand all costs and expenses incurred by City in effecting such cure, with interest thereon from the date of incurrence at the maximum rate then permitted by law. City shall have the right to offset from any amounts due to Contractor under this contract or any other contract between City and Contractor all damages, losses, costs or exp enses incurred by City as a result of such event of default and any liquidated damages due from Contractor pursuant to the terms of this contract or any other contract.

4. Equal Employment Opportunity.

During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and

applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
c. The contractor will not discharge or in any other manner discrimina te against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise ha ve access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. d. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor unio n or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regula tions, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
g. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
h. The contractor will include the portion of the sentence immediately preceding paragraph (1 ) and the provisions of paragraphs (1) through (8) in subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provi sions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a cont ractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undert akings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the pro gram with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

5. DAVIS-BACON ACT
a. All transactions regarding this contract shall be done in compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) and the requirements of 29C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141 -3144, and 3146-3148 and th e requirements of 29 C.F.R. pt. 5 as applicable.
b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. c. Additionally, contractors are required to pay wages not less than once a week.

6. COPELAND ANTI-KICKBACK ACT
a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §

5.12.”

7. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
a. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
c. Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Depart ment of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT Clean Air Act
a. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. b. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
c. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Federal Water Pollution Control Act
a. The Contractor agrees to comply with all applic able standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. b. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
c. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

9. DEBARMENT AND SUSPENSION
a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the C ontractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). b. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
c. This certification is a material representation of fact relied upon by the City. If it is lat er determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. d. The bidder or proposer agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

10. PROCUREMENT OF RECOVERED MATERIALS
a. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired —
1) Competitively within a timeframe providing for compliance with the contract performance schedule;
2) Meeting contract performance requirements; or
3) At a reasonable price.
b. Information about this requirement, along with the list of EPA designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program .
c. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”

11. TIME AND MATERIAL CONTRACTS
To the extent this contract includes work that is paid on a time and material basis, such work must have a guaranteed maximum price (GMP). The GMP is set forth in the body of this contract. The GMP constitutes a ceiling price that Contractor exceeds at its own risk.

12. BONDING REQUIREMENTS
To the extent this is a contract for construction or facility improvement, Contractor agrees as follows:
a. Contractor provided with its bid for this contract a bid guarantee of no less than 5% of the bid price, or greater if otherwise required in this contract. b. Contractor has obtained a performance bond in favor of the City, securing fulfillment of all its obligations under the contract, in an amount no less than 100% of the contract price. c. Contractor has obtained a payment bond, assuring payment as required by law to all persons supplying labor and material in the execution of the work provided for in the contract, in an amount no less than 100% of the contract price.

13. ACCESS TO RECORDS
The following access to records requirements apply to this contract:
a. The Contractor agrees to provide applicable state agency, the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
b. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. c. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
d. In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

14. DEPARTMENT OF HOMELAND SECURITY (DHS) SEAL, LOGO, AND FLAGS The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

15. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Feder al law, regulations, executive orders, FEMA policies, procedures, and directives.

16. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non- Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

15. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.

17. BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification.

Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, off icer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

Required Certification. If applicable, Contractors must sign and submit to the non -federal entity the following certification.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawar ds at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if a ny. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C .Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

___________________________________
Signature of Contractor’s Authorized Official
________________________________________
Name and Title of Contractor’s Authorized Official

_________________________________________
Date
************************** END ******************************

U.S. Department of Homeland Security
Region 9
1111 Broadway, Suite 1200
Oakland, California 94607
www.fema.gov
October 26, 2021
Mark S. Ghilarducci, Director
Governor’s Authorized Representative
California Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
Reference: Application Approval, HMGP DR-4344-217-028R
City of Hayward, California
Creation of Defensible Space, Phase 2
FIPS Code: 001-33000, Supplement 239
Dear Mr. Ghilarducci:

We
approve and issue Hazard Mitigation Grant Program (HMGP) funds for the City of Hayward, HMGP DR-4344-217-028R, Creation of Defensible Space, Phase 2.

The total project
cost for Phase 2 is $323,820. As shown in the enclosed Obligation Report - Supplement 239, we are obligating $242,865 for the 75 percent Federal share; the 25 percent non- Federal share is $80,955. These funds are available in SmartLink for immediate and eligible disbursements. The following is a summary of the approved funding:

Project Phase: Federal Share: Non-Federal Share: Total Project Cost:

Phase 1,
S
upplement 175
$ 21,132 $ 7,044 $ 28,176
Phase 2,
S
upplement 239
$242,865 $ 80,955 $323,820
TOTALS $263,997 $ 87,999 $351,996
This HMGP project approval and obligation of funds are subject to the following conditions:

1. Scope of Work (SOW) – The City of Hayward Fire Department will create defensible space through a demonstration project, a residential chipping program, and a Resident Assistant Program. The creation of defensible space will benefit 1,184 residential properties over an area of 1,200 acres. The defensible space demonstration will be a large-scale demonstration project of trimming lower limbs of trees and clearing brush with community members invited to attend.

The location of the proposed demonstration is an approximately 5-acre area in Ward Creek Canyon between Leona and Marie Drives on the eastern side of the City of Hayward, Alameda Mr. Ghilarducci
October 22, 2021

County, California (37.666050, -122.074915). Once the demonstration is complete, staff will revisit community meetings to present visuals of the completed project and ask residents to take the same mitigation measures on their own property. The chipping program will allow residents to continue the maintenance of pruning the lower limbs of trees and removing dead materials and aged shrubs. Chipped materials will be hauled and disposed offsite as green waste. A Resident Assistant Program will be implemented to assist residents who have limited physical abilities or need economic assistance to participate in the chipping program.

2. Project Completion Date – The work schedule included with the project application indicates that Phase 2 will take 17 months to complete; therefore, the project completion date is March 26, 2023. Please inform the sub-recipient that work completed after this date is not eligible for federal funding, and that federal funds may be de-obligated for work completed outside the completion date when there is no approved time extension.

3. Project Closeout – Within 120 days of project completion, all project funds must be liquidated and final closeout documentation for the project must be submitted to FEMA. Please note the project must comply with Code of Federal Regulations Title 2, Part 200 reporting requirements at the time of closeout.

4. Record of Environmental Considerations (REC) – This project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and DHS Instruction 23-01-001-01: Categorical Exclusion N11 (Federal Assistance for Wildfire Hazard Mitigation Actions) has been applied. Particular attention should be given to the project conditions before and during project implementation. Failure to comply with these conditions may jeopardize federal assistance including funding. Please reference the enclosed REC for further information.

5. Standard Conditions – This project approval is subject to the enclosed Standard Mitigation Grant Program (HMGP) Conditions, amended August 2018. Please note that federal funds may be de-obligated for work that does not comply with these conditions.

If you have any questions or need further assistance please contact Thomas Berry, Sr. Grants Management Specialist, by email [email protected], or phone (510) 627-7180.

Sincerely,
Kathryn Lipiecki
Director, Mitigation Division
FEMA Region 9
Mr. Ghilarducci
October 22, 2021

Enclosures (3):

Obligation Report - Supplement 239
Record of Environmental Considerations (REC)
Standard Mitigation Grant (HMGP) Conditions
cc:

Jennifer Hogan, State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Dr. Jacy Hyde, Branch Chief, California Governor’s Office of Emergency Services Robert McCord, Chief, Hazard Mitigation Assistance Branch, FEMA Region 9

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-279
DATE: May 3, 2022
TO: Mayor and City Council
FROM: City Manager

SUBJECT
Adopt a Resolution in Support of Locating a Trauma Center in Southern Alameda County at Washington Hospital’s Morris Hyman Critical Care Pavilion

RECOMMENDATION
That the Council adopts a resolution (Attachment II) supporting the creation and location of a trauma center in Southern Alameda County at Washington Hospital in Fremont.

SUMMARY
The current Alameda County trauma network has not changed since it was established in 1987. It currently has three trauma centers: Highland Hospital in Oakland; UCSF Benioff Children’s Hospital in Oakland; and Eden Medical Center in Castro Valley. The population in Southern Alameda County alone has grown from roughly 230,000 residents when the trauma network was established to nearly 350,000 residents and is expected to grow by another 15 percent to 403,000 by 2040. WHHS engaged an independent third party from 2018 to 2019 to assess the feasibility of a trauma center located at the hospital, which, using data provided by Alameda County EMS, projected there is sufficient volume to support a trauma center in the southern portion of the County.

Within the coming weeks (April - May 2022), Bishop & Associates will release their report to the East Bay Hospital Council and the Alameda County Health Committee, comprised of members of the County Board of Supervisors. The Health Committee will in turn make a recommendation to the Alameda County Board of Supervisors to consider action on changing the Alameda County trauma network to include a trauma center in the south county region. This issue was brought to the attention of the Mayor and City Manager by former County Supervisor Scott Haggerty on behalf of WHHS. Given the timeline for the County recommendations, the City Manager directly agendized this resolution for Council consideration.

ATTACHMENTS
CITY OF HAYWARD Printed on 4/29/2022Page 1 of 2
powered by Legistar™
File #:CONS 22-279
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 4/29/2022Page 2 of 2
powered by Legistar™

DATE: May 3, 2022

TO: Mayor and City Council

FROM: City Manager

SUBJECT: Adopt a Resolution in Support of Locating a Trauma Center in Southern Alameda County at Washington Hospital’s Morris Hyman Critical Care Pavilion

RECOMMENDATION

That the Council adopts a resolution (Attachment II) supporting the creation and location of a trauma center in Southern Alameda County at Washington Hospital in Fremont.

SUMMARY

The current Alameda County trauma network has not changed since it was established in 1987. It currently has three trauma centers: Highland Hospital in Oakland; UCSF Benioff Children’s Hospital in Oakland; and Eden Medical Center in Castro Valley. The population in Southern Alameda County alone has grown from roughly 230,000 residents when the trauma network was established to nearly 350,000 residents and is expected to grow by another 15 percent to 403,000 by 2040. WHHS engaged an independent third party from 2018 to 2019 to assess the feasibility of a trauma center located at the hospital, which, using data provided by Alameda County EMS, projected there is sufficient volume to support a trauma center in the southern portion of the County.

Within the coming weeks (April – May 2022), Bishop & Associates will release their report to the East Bay Hospital Council and the Alameda County Health Committee, comprised of members of the County Board of Supervisors. The Health Committee will in turn make a recommendation to the Alameda County Board of Supervisors to consider action on changing the Alameda County trauma network to include a trauma center in the south county region.

This issue was brought to the attention of the Mayor and City Manager by former County Supervisor Scott Haggerty on behalf of WHHS. Given the timeline for the County recommendations, the City Manager directly agendized this resolution for Council consideration.

BACKGROUND

The current Alameda County trauma network has not changed since it was established in 1987. It currently has three trauma centers: Highland Hospital in Oakland; UCSF Benioff

Children’s Hospital in Oakland; and Eden Medical Center in Castro Valley. The network has remained unchanged since adoption despite the dramatic population growth in the region.

The population in Southern Alameda County alone has grown from roughly 230,000 residents when the trauma network was established to nearly 350,000 residents and is expected to grow by another 15 percent to 403,000 by 2040.

The Washington Township Health Care District, dba Washington Hospital Healthcare System (WHHS), was founded in 1948. Voters passed the first bond for $1.25 million in 1952 to build the hospital, which opened on November 24, 1958, to serve southern Alameda County. WHHS has a publicly elected Board of Directors, which provides governance for this community- owned hospital. WHHS has demonstrated a history of financial stability, responsible stewardship, and has provided a wide-ranging collaboration with Alameda County and Emergency Medical Services (EMS) providers. Local voters have continually approved bond measures for seismic upgrades and facility improvements required by State mandates, and the expansion of emergency and critical care services.

WHHS engaged an independent third party from 2018 to 2019 to assess the feasibility of a trauma center located at the hospital, which, using data provided by Alameda County EMS, projected there is sufficient volume to support a trauma center in the southern portion of the County. During that time, the Alameda County Department of Public Health retained Bishop & Associates to assess the demand for and feasibility of additional trauma centers in Alameda County. Within the coming weeks (April – May 2022), Bishop & Associates will release their report to the East Bay Hospital Council and the Alameda County Health Committee, comprised of members of the County Board of Supervisors. The Health Committee will in turn make a recommendation to the Alameda County Board of Supervisors to consider action on changing the Alameda County trauma network to include a trauma center in the south county region.

This issue was brought to the attention of the Mayor and City Manager by former County Supervisor Scott Haggerty on behalf of WHHS. Given the timeline for the County recommendations, the City Manager directly agendized this resolution for Council consideration.

DISCUSSION

WHHS has applied to Alameda County to be designated as a trauma center. WHHS is equipped with the 224,000-square foot Morris Hyman Critical Care Pavilion that opened in 2018. The facility contains a state-of-the-art emergency department with 39 rooms and two trauma rooms. The facility also houses a 48-bed critical care unit and 69 medical-surgical rooms.

WHHS has been affiliated with the University of California, San Francisco since 2013. This strategic partnership gives WHHS access to UCSF Health’s specialty services and trained surgeons and provides local access to advanced life-saving care.

During its 64-year history, WHHS has maintained a reputation for providing patients the highest-quality clinical care. Expansions and development have always reflected the needs and priorities of the community. WHHS has an award-winning neurosurgical program that has been operational for decades. In addition, the stroke program has won several awards.

The clinical services needed to support trauma care are already in place at WHHS.

Not only does WHHS have the infrastructure and services necessary to be a designated trauma center, but it also has a history of being fiscally responsible and stable and keeping the health care needs at the forefront of all actions.

Designating Washington Hospital as a trauma center will provide trauma patients in Southern Alameda County access to quicker life-saving medical care within an acceptable trauma response time. Currently, ambulance transport to Eden Medical Center and Highland Regional Medical Center for trauma services from Fremont, Newark, Union City, and South Hayward can take between 45 minutes to over an hour to arrive, long beyond what is acceptable for trauma response. In addition, roughly 180 patients annually are transported to Santa Clara County and other neighboring counties for trauma related care.

As such, the designation of Morris Hyman Critical Care Pavilion as a trauma center will dramatically improve the quality of care for trauma patients in the south county area, which will in turn improve the quality of life for Hayward residents (particularly in South Hayward).

Washington Hospital’s application to become a trauma center is also strongly supported by the medical community, including St. Rose Hospital leadership, and labor and has vast community support. Staff recommends that the Council adopts a resolution supporting WHHS’ application to be designated as a trauma center.

FISCAL AND ECONOMIC IMPACT

There is no fiscal impact to the City associated with this item. It is staff's understanding that the operational cost of the trauma center at WHHS would be predominantly funded by WHHS.

The financial model provided to Bishop & Associates assumed WHHS would receive $400,000 annually from the County, but no commitment has been made.

STRATEGIC ROADMAP

This agenda item does not relate to any of the priorities in the Strategic Roadmap.

NEXT STEPS

If the Council adopts this resolution, staff will forward a copy to WHHS and the County Board of Supervisors.

Approved by:

________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-_____

Introduced by Council Member

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAYWARD IN SUPPORT

OF LOCATING A TRAUMA CENTER AT WASHINGTON HOSPITAL

HEALTHCARE AND ENCOURAGES THE ALAMEDA COUNTY BOARD OF

SUPERVISORS TO APPROVE A TRAUMA CENTER AT WASHINGTON

HOSPITAL IN SOUTHERN ALAMEDA COUNTY
WHEREAS, the Alameda County Trauma System Plan was established by the Alameda County Board of Supervisors in 1987 and has remained the same since adoption; and WHEREAS, the Trauma Network includes three designated trauma centers: Highland Hospital in Oakland, UCSF Benioff Children’s Hospital in Oakland and Eden Medical Center in Castro Valley; and
WHEREAS, ambulance transport to Eden Medical Center for trauma services from Southern Alameda County can often take 45 minutes to over an hour, far beyond what is acceptable for trauma response; and
WHEREAS, the population in Southern Alameda County alone has gro wn from roughly 230,000 residents when the trauma network was established to nearly 350,000 residents and is expected to grow by another 15 percent to 403,000 by 2040; and WHEREAS, the Alameda County Department of Public Health retained Bishop & Associates to assess the demand for and feasibility of additional trauma centers in Alameda County; and
WHEREAS, Bishop & Associates is anticipated to release the final report in April/May 2022 and make a recommendation to consider action on changing the Alameda County trauma network; and
WHEREAS, Washington Hospital Healthcare (WHHS) has applied to Alameda County to be a designated trauma center; and
WHEREAS, WHHS is equipped with the 224,000 square foot Morris Hyman Critical Care Pavilion that contains a state-of-the art emergency department; and WHEREAS, WHHS already has the clinical services in place needed to support trauma care; and

ATTACHMENT II

WHEREAS, designating Washington Hospital as a trauma center will provide trauma patients in Southern Alameda County access to quicker life -saving medical care within an acceptable trauma response time.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hayward supports locating a trauma center at Washington Hospital Healthcare that will provide advanced life -saving medical care and ambulance support within an acceptable trauma response time and encourages the Alameda County Board of Supervisors to approve a trauma center at Washington Hospital in Southern Alameda Count.

IN COUNCIL, HAYWARD, CALIFORNIA , 2022.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

__________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 22-012
DATE: May 3, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Proposed Traffic Impact Fee and Nexus Study

RECOMMENDATION
That the Council reviews and provides feedback on the proposed Traffic Impact Fee recommendations.

SUMMARY
A traffic impact fee (TIF) is a one-time fee imposed on new development projects to help mitigate the cumulative transportation impacts of development growth. As importantly, a TIF will bring much-needed certainty to Hayward’s development process at the onset of the application.

TIFs imposed on new development are based on the concept that traffic generated by the proposed development will cause a nearby traffic deficiency, such as an intersection exceeding a specific level of service or capacity. A TIF does not replace any transportation analysis requirements imposed by the California Environmental Quality Act (CEQA). Also, while a TIF addresses cumulative impacts of all future development projects, it does not address specific or direct impacts from a proposed development. As a result, in some cases, a Local Transportation Analysis (LTA) may still be necessary.

Traffic consultants TJKM prepared the Multimodal Improvement Plan and TIF Nexus Study (Nexus Study) (Attachment II) that identifies locations of future traffic deficiencies as a result of future development, develops mitigations to these deficiencies, calculates total cost of capital improvements required to implement the mitigations, and provides a calculated maximum allowable traffic fee that would be legally defensible based on projected cumulative traffic impact from different development types.

To ensure that the City’s proposed TIF rates are reasonable and will not impact the City’s competitiveness and the desirable development in the City, the City retained economic consultants, Community Attributes, Inc. (CAI), to review the Nexus Study and assist the City in developing recommendations for adopting appropriate fees. The goals were for the proposed fees to be below the maximum allowable, based on current economic conditions and development feasibility and to maintain competitive overall development fees when compared to surrounding jurisdictions.

CITY OF HAYWARD Printed on 4/29/2022Page 1 of 3
powered by Legistar™
File #:WS 22-012
Council Infrastructure Committee. On February 23, 2022, staff presented the TIF recommendations to the Council Infrastructure Committee (CIC) for review and feedback. The CIC expressed support for staff’s recommendation and also suggested additional public outreach and coordination with transit agency partners. In response to CIC guidance, staff scheduled outreach meetings with the Chamber of Commerce and conducted one additional stakeholder meeting, which was held on March 31, 2022. Staff also met with representatives from AC Transit to discuss the inclusion of transit projects to the list that could be funded by the TIF. Many of the projects identified by AC Transit and City staff have been included in the approved project list, which resulted in a nominal increase in the amount of the traffic impact fees.

Planning Commission. On April 14, 2022, staff presented the TIF recommendations to the Planning Commission for review and feedback. The Planning Commission expressed support for staff’s recommendations but asked questions about the reduction of the single-family residential fee and whether it should be increased. Additionally, the Planning Commission expressed interest in whether the TIF ordinance includes provisions regarding credits to developers for grandfathered changes or for developers who opt to pay to build improvements rather than paying the TIF.

As a result of the feedback received during the outreach processes, staff recommends that the Council adopts the TIF at the maximum allowable rates identified in the Nexus Study, but levy the fees according to the following:

1. Reduce residential developments by 70% and non-residential developments by 30% below the maximum allowable TIF.
o It was determined that these reductions will ensure that the City maintains development feasibility while offering competitive rates with surrounding cities.

2. Reduce the fee for multi-family, retail, and office developments by 100%. o These land uses were hit the hardest by the pandemic and are still recovering; additionally, CAI prepared a financial feasibility analysis that demonstrated that a TIF at this time may disincentivize development of these land uses in the City. As a result, staff recommends reducing the proposed traffic impact fees for these land uses by 100% to allow more time for these types of development to recover from the pandemic. The reduction of these fees will be revisited after a three (3) year monitoring period.

3. Include an automatic annual construction inflation index adjustment. o The cost of construction materials normally increases annually due to inflation - an issue that contractors faced even prior to the pandemic. Building materials supply chains have been interrupted and labor has become scarce increasing the magnitude of construction inflation costs due to the pandemic. It is typical practice for local jurisdictions to adjust fees annually based on the California Construction Cost Index for the San Francisco Bay Area published by the Engineering News Record.

4. Revisit TIF reductions in the Master Fee Schedule after three (3) years. o Three years seems like the appropriate amount of time to revisit the TIF program as to whether the reductions should be extended or modified. The reductions may be adjusted due to changes in proposed improvements and traffic patterns that are expected to change in the upcoming years from employers allowing employees to telecommute.

CITY OF HAYWARD Printed on 4/29/2022Page 2 of 3
powered by Legistar™
File #:WS 22-012
A summary of staff recommendations is presented in the table below and codified in the draft Ordinance in Attachment III.

Land Use Category Maximum
Allowable
Reduction
from
Maximum
Allowable
Recommended
Fee
Feasibility 100% Reduction
Single Family
Residence / Unit
$11,584 70% $3,475 Marginal No
Multi-Family
Residence / Unit
$7,761 100% - Marginal Yes, for development
feasibility purposes
Retail/ KSF* $19,460 100% - Challenged Yes, for development feasibility purposes
Office / KSF $16,449 100% - Challenged Yes, for development feasibility purposes
General
Industrial / KSF
$4,633 30% $3,243 Promising No
Distribution or e-
commerce / KSF
$8,224 30% $5,757 Promising No
*ksf is one thousand square feet
The Council Work Session is the culmination of a series of meetings related to the TIF as summarized:

1. February 9, 2022: Stakeholder Meeting #1 to introduce the proposed TIF and solicit feedback from the business/broker/development communities.

2. February 23, 2022: CIC review and comment.

3. March 31, 2022: Stakeholder Meeting #2 to solicit feedback from the business/broker/development communities.

4. April 14, 2022: Planning Commission

5. May 3, 2022: Council Work Session
Following this work session, staff will address Council feedback and finalize the Nexus Study and Ordinance for Council consideration at a public hearing tentatively scheduled for Tuesday, May 17, 2022.

ATTACHMENTS
Attachment I Staff Report
Attachment II Nexus Study
Attachment III Draft Traffic Impact Fee Ordinance
CITY OF HAYWARD Printed on 4/29/2022Page 3 of 3
powered by Legistar™