Paradise City Council
June 14, 2022

8.08.050 Franchises.

A. The maximum number of franchises to be awarded by the town council shall be one franchise for the collection, transportation, recycling, composting and disposal and waste diversion of solid waste MSW within the town boundaries. The granting of the franchise shall be through an agreement between the town as the franchisor and the Authorized Ccontractor as a franchisee.

B. A franchise shall be granted only to persons who possess all permits and licenses necessary to provide solid waste MSW, recyclable, and organic material collection services in Butte County and the town. A franchise may be revoked upon the conviction of a franchisee for a violation of any crime involving moral turpitude or any federal, state, county or local statute relating to the collection, transportation, and disposal of solid waste MSW, recyclable material, and organic waste.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 309, § 1, 1998; Ord. 265, § 1, 1995: Ord. 257, § 2(part), 1995)

8.08.060 Collection standards.

All collection, transportation, recycling, composting, and disposal of solid waste MSW, recyclable material, and organic waste by the franchisee shall be conducted in accordance with the most recent town adopted Paradise General Plan for the town, including but not limited to, the town source reduction and recycling element (SRRE), the town household hazardous waste element (HHWE) and the Butte County/Town Hazardous Waste Management Plan. The detailed performance standards and conditions regulating the franchise shall be incorporated in the agreement between the town and the franchisee.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)

8.08.070 Solid MSW, recyclable material, and organic waste reduction.

In order to assist the town in meeting the required reduction of the amount of solid MSW, recyclable material, and organic waste entering landfills pursuant to the provisions of Section 42901 of the California Public Resources Code in an efficient and cost-effective manner, the franchisee shall undertake and provide such collection, recycling, handling, marketing and/or processing programs or methods as the franchisee reasonably deems most efficient and/or cost-effective, including the use of a materials recovery facility (MRF) and/or curbside recycling, and provided such program or method is capable or of achieving at least the fifty percent diversion requirement of Section 42901.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 314, § 1, 1998; Ord. 273, § 1, 1996: Ord. 265, § 2, 1995; Ord. 257, § 2(part), 1995)
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8.08.080 Ownership of solid waste MSW—Flow control.

Ownership and the right to possession of refuse MSW, compostables, and recyclables material and organic waste, placed in containers, bins or roll-offs, or placed at curbside, shall transfer directly from the customer to the franchisee, by operation of law. Franchisee's arrangements with its customers will provide that, subject to the right of the customer to claim lost property, title and the right to possession, and liability for MSW, recyclable material, and organic waste all recyclables and all solid waste, whether or not recyclable, which is set out for collection on the regularly scheduled collection day shall pass to franchisee at the time it is set out. Subject to the provisions of this chapter and the franchise agreement, franchisee shall have the right to retain any benefit profit resulting from its right to retain, recycle, compost, dispose of, or use the refuse MSW, compostables, recyclables material, organic waste, and construction debris which it collects. Refuse MSW, compostables, recyclables material, organic waste, and construction debris, or any part thereof which is disposed of at a disposal site or sites (whether landfill, transformation facility, compost facility or material recovery facility) shall become the property of the owner or operator of the disposal site or sites once deposited there by franchisee.

However, franchisor, at its sole option, shall retain the right to require franchisee which transformation facility, compost facility, material recovery facility or landfill shall be used by franchisee to retain, recycle, compost, process and dispose of solid waste MSW, recyclable material, organic waste and construction debris generated within the franchise area to assure conformance with the California Integrated Waste Management Action of 1989, AB 341 and 1826, and SB 1383. Nothing herein shall be construed as prohibiting a generator from recycling his, her or its own recyclable material through another program. (Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)

8.08.090 Universal collection.

A. The property owner of any residential, commercial, industrial, quasi-public or other land use in the town shall be responsible for contracting with the franchisee authorized by this chapter for the satisfactory collection and removal of all solid waste MSW, recyclable material, and organic waste accumulated on the property. Solid waste MSW, recyclable material, and organic waste shall not be allowed to accumulate more than seven consecutive days on a property in order to prevent the creation of a nuisance, a fire hazard, or the propagation or attraction of flies, insects, rodents, or other vectors.

B. To enable the town to determine if all households are participating in the universal collection program, the franchisee shall provide a list of their customers to the town on a quarterly or semi-annual basis until the town reduces the frequency of list submittal based on most households participating.
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(Ord. No. 502, § 1, 7-13-2010; Ord. No. 471, § 1, 11-13-2007; Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 265, § 3, 1995; Ord. 257, § 2 (part), 1995; Ord. 383, § 1, 2002) Editor's note(s)—Ord. No. 502, § 2, adopted July 13, 2010, provides that this ordinance shall take effect 30 days after the date of its passage.

8.08.100 Privacy.

Franchisee shall strictly observe and protect the rights of privacy of customers. Information identifying individual customers, or the composition or contents of a customer's waste stream shall not be revealed to any person, governmental unit, private agency or company, unless upon the authority of a court of law, by statute or upon valid authorization of the customer.

This provision shall not be construed to preclude franchisee from preparing, participating in or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by the Act. Franchisee shall not market or distribute, outside the normal course of its business, mailing lists with the names and addresses of customers. The rights accorded customers pursuant to this section shall be in addition to any other privacy right accorded customers pursuant to federal or state law.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)

8.08.110 Restriction on manner of collection.

In order to comply with the provisions of the Act and to accurately account for and to report for the amount of solid waste MSW, recyclable material, and organic waste collected within the town and disposed according to this chapter, each load of solid waste MSW, recyclable material, and organic waste collected by franchisee shall not be commingled with any other solid waste MSW, recyclable material, and organic waste collected by the franchisee from any other person or place located outside the town limits.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)

8.08.120 Vehicle standards.

A. Each vehicle used by franchisee shall at all times comply with all applicable provisions of the California Vehicle Code, and shall be inspected, at least once a year, using the "critical item inspection" criteria as approved by the California Highway Patrol. The results of said inspections shall be made available to the town manager upon request.

B. Each vehicle used for the collection and transportation or transport of solid waste MSW, recyclable material, and organic waste shall be maintained in a clean and sanitary condition both inside and out and shall be washed at least once every seven calendar days. (Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995) 443
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8.08.130 Indemnification.

Franchisee shall indemnify the town in accordance with the provisions of the franchise agreement.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 265, § 4, 1995: Ord. 257, § 2(part), 1995)

8.08.140 Faithful performance.

Concurrent with the granting of the franchise pursuant to this chapter, the franchisee shall deposit with the town a cash deposit, irrevocable letter of credit, or other such document evidencing an irrevocable cash deposit payable to the town, in the amount of one hundred thousand dollars, in a form approved by the town attorney, guaranteeing franchisee's faithful performance of the terms of its franchise agreement and shall promptly pay all just claims for any labor skill rendered or equipment or material used in the performance of this chapter. Such cash deposit or letter of credit shall be maintained in effect throughout the duration of the franchise agreement.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)

8.08.150 Franchise transferrable.

A. The franchise granted pursuant to this chapter shall not be transferred, sold, sublet or assigned, nor shall any of the rights or privileges herein be hypothecated, leased, assigned, sold, or transferred, either in whole or in part, nor shall title thereto, either legal or equitable or any right, interest, or property therein pass to or vest in any person, except the franchisee, either by act of the franchisee or by operation of law without the prior written consent of the town council expressed by a duly adopted resolution. Any attempt to assign this franchise without the consent of the town council shall be void.

B. The town may impose conditions of approval on the transfer of an agreement, including but not limited to, conditions requiring acceptance of the provisions of the Paradise Municipal Code, including this chapter, and the agreement. The town shall not be unreasonable in withholding its consent of the transfer.

C. Town consent is required for any change in the control of the franchisee. "Change in control" means any sale, transfer, or acquisition of the franchisee.

D. Any change in control of the franchisee occurring without prior town approval shall constitute a material breach of the agreement.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995) 444
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(Supp. No. 7-22, Update 1)

8.08.160 Franchise fees.

Beginning with the first full month following the effective date of the ordinance codified in this chapter, the franchisee shall pay to franchisor on a quarterly basis, seven percent (7%) of all gross receipts collected by the franchisee as a franchise fee. Other than the fee established for the 2006-2007 fiscal year, this franchise fee shall be computed annually beginning on July 1st of each subsequent fiscal year with payments to the town being made no later than the twentieth (20th) day after any calendar quarter.
(Ord. No. 477, § 1, 2-12-2008; Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)

8.08.170 Franchisee's books and records.

A. The franchisee shall maintain all records relating to the services provided hereunder, including, but not limited to, customer lists, billing records, customer complaints, accounts payable records, financial audits, maps and the Act compliance records, for a period of not less than three years, or any longer period required by law. The town shall have the right, upon five days advance written notice, to inspect all records which reasonably relate to the franchisee's compliance with the provisions of this chapter and the agreement. Such records shall be made available to the town at the franchisee's regular place of business, but in no event outside the County of Butte.

B. Should any examination or audit of franchisee's records reveal an underpayment of any fee required pursuant to this chapter or the franchise agreement, the amount of such underpayment shall become due and payable to town not later than fifteen days after written notice of such underpayment is sent to franchisee by the town. Should an underpayment of more than three percent be discovered, the franchisee shall bear the entire cost of an audit of franchise fees.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)

8.08.180 Compensation.

A. Franchisee Rate. On or before May 1, 2007, the franchisee shall provide the services described in this chapter and the franchise agreement in accordance with Exhibit "F" of the franchise agreement.

B. Modifications and Adjustments. The rates set forth in Exhibit "F" shall remain in effect until adjusted by the town based on Exhibit "E" of the franchise agreement.

C. All other terms and conditions of rates shall be as set forth in the franchise agreement.

D. All billing for services provided shall be made by the franchisee; and all charges shall become delinquent sixty days after billing date.
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E. If the bill remains unpaid after the date of delinquency, the franchisee shall be entitled to a delinquency fee; and may discontinue service to the property after a thirty-day written notice. However, said delinquency fee shall not be assessed until fifteen days after notification of the delinquency to the property owner and recipient of service. The form and content of the delinquency notice sent by the franchisee shall be approved by the town manager. Franchisee shall simultaneously file with the town manager a formal written notice stating the assessor's parcel number of the parcel to which service was rendered, that such delinquency notice has been sent to such recipient and property owner and the date and address to which notice was sent. Delinquency fees shall be set by the franchise agreement.

F. Should the bill remain unpaid at the expiration of the sixty (60) days, the franchisee may assign said bill to the town for lien proceedings.

G. Upon the town's receipt of the assignment from the franchisee and at the convenience of the town (i.e., once per year during the month of May); the town manager shall initiate proceedings complying with Government Code sections 38790.1 and 25831 to create a lien on the real property to which the waste collection has been rendered.

H. The lien shall be officially recorded in the Butte County recorder's office. The lien may carry such additional administrative charges as set forth by the resolution of the town council. The owner shall be notified by the town finance department that the delinquency charges and administrative charges are due the town and that said lien has been recorded. (Ord. No. 471, §§ 2, 3, 11-13-2007; Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. No. 446, §§ 1, 2, 2-28- 06; Ord. 265, § 5, 1995; Ord. 257, § 2(part), 1995)

8.08.190 Government liaison person.

The franchisee shall designate a "government liaison person" who shall be responsible for working with the town manager or the town manager's designee to resolve consumer complaints.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2(part), 1995)

8.08.200 General provisions.

A. Independent Contractor. The franchisee is an independent contractor and not an officer, agent, servant, or employee of the town. The franchisee is solely responsible for the acts and omissions of their officers, agents, employees, contractors, and subcontractors, if any.

Nothing in this chapter or in the agreement shall be construed as creating a partnership or joint venture between town and franchisee. Neither franchisee nor its officers, employees, agents, or subcontractors shall obtain any rights to retirement or other benefits which accrue to town employees.
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B. Pavement Damage. Franchisee shall be responsible for any extraordinary damage to town's driving surfaces resulting from negligence in providing solid waste MSW, recyclable material, and organic waste collection and transportation services.

C. Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees, contractors, or subcontractors of the franchisee to private or public property shall be repaired or replaced.

D. Right of Entry. The franchisee shall have the right, until receipt of written notice revoking permission to pass is delivered to franchisee, to enter or drive upon any private street, court, place, easement, or other private property for the purpose of providing for the collection, transportation, recycling, composting, and disposal of solid waste MSW, recyclable material, organic waste, and construction debris pursuant to this chapter and the franchise agreement.

E. Prior Agreements and Amendments. This chapter and the franchise agreement are intended to carry out town's obligations to comply with the provisions of the California Integrated Waste Management Act, AB 341 and 1826, and SB 1383 as it from time to time may be amended, and as implemented by regulations of the California Integrated Waste Management Board ("Regulations"), as they from time to time may be amended. In the event that the Act or other state or federal laws or regulations are enacted after this chapter has been enacted and the franchise agreement entered into, prevent or preclude compliance with one or more provisions of this chapter and the franchise agreements, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. No other amendment of the franchise agreements shall be valid unless in writing duly executed by the parties.

F. Service Requirements. Franchisee shall furnish all necessary personnel, labor, equipment, materials, billing, transportation, and related facilities required to perform its services under this chapter and the franchise agreement.

G. Laws and Licenses. The franchisee shall comply with all federal, state, county and town laws and ordinances, rules and regulations applicable to the performance of services hereunder, and shall obtain all licenses and permits necessary to perform the services hereunder and maintain the same in full force and effect.

H. Nondiscrimination. In performing the services hereunder, each franchisee shall not discriminate against any person on the ground of race, sex, age, creed, color, religion or national origin.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257 § 2(part), 1995)

8.08.210 Unlawful action/penalty.

A. It is unlawful for any person or generator in the town to do any of the following:

1. Dispose of or dump solid waste MSW, recyclable material, or organic waste on public or private rights-of-way;
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2. Dispose of toxic or hazardous materials in a manner that creates a public health, safety or environmental hazard;

3. Dispose of dead animals as part of normal collection of solid waste MSW, recyclable material, or organic waste;

4. Utilize solid waste MSW, recyclable, and organic containers belonging to other individuals without prior written permission;

5. Fail to contract with the town's authorized solid waste MSW, recyclable material, and organic waste collection franchisee to collect solid waste MSW, and recyclable material, and organic materials from the generator unless granted an exemption from such required contracted service by action of the Town of Paradise.

6. Violate any provisions of the Paradise General Plan's "household hazardous waste element";

7. Violate any provision of the Paradise General Plan's "source reduction and recycling element";

8. Pick up recyclable or organic material placed in a town-owned container or curbside by other property owners or tenants for collection by the town's authorized franchised solid waste MSW, recyclable material, and organic waste collector;

9. Place and leave a solid waste/recyclable MSW, recyclable material, or organic waste materials container within the front yard or at curbside or roadway collection point more than twenty-four (24) hours before the day of collection pickup or beyond twenty-four (24) hours after the day of collection pickup.

10. For anyone other than a person authorized by the property owner to remove or otherwise interfere with recyclable materials which have been placed in a waste disposal container.

B. Any person or generator violating any of the provisions of this chapter shall be guilty of an infraction with fines pursuant to Government Code Section 36900. Any additional violation of this chapter within one (1) year of the first violation may be prosecuted by the town attorney as a misdemeanor with a fine not exceeding one thousand dollars ($1,000.00) and/or six (6) months in the county jail; and provided, however, the town attorney shall have the discretion to reduce the misdemeanor to an infraction. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.
(Ord. No. 549, § 1, 10-14-2014; Ord. No. 477, § 2, 2-12-2008; Ord. No. 471, § 4, 11-13-2007; Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 383, § 2, 2002; Ord. 257, § 2(part), 1995) SECTION 2. A new Article 1 is hereby added to Paradise Municipal Code [PMC] Chapter 8.08 to read as follows:

Article 1 - MANDATORY MSW, RECYCLABLE MATERIAL AND ORGANIC WASTE DISPOSAL

REDUCTION
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8.08.220: Definitions

8.08.230: Requirements for Single-Family Generators

8.08.240: Requirements for Commercial Businesses

8.08.250: Waivers for Generators

8.08.260: Requirements for Commercial Edible Food Generators

8.08.270: Requirements for Food Recovery Organizations and Services

8.08.280: Requirements for Haulers and Facility Operators

8.08.290: Self-Hauler Requirements

8.08.300: Procurement Requirements for Town Departments, Direct Service Providers, and Vendors

8.08.310: Compliance with CALGreen Recycling Requirements

8.08.320: Model Water Efficient Landscaping Ordinance Requirements

8.08.330: Inspections and Investigation by Town

8.08.340: Enforcement

8.08.350: Effective Date
Section 8.08.220: Definitions
For the purposes of this Article, the following words, terms, phrases, and their derivations have the meanings given herein. Terms defined elsewhere in the municipal code shall have the same meanings herein unless expressly defined in this Article. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number.

A. “Authorized Contractor” or “Contractor” is defined at Section 8.08.040.

B. “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials (nonorganic recyclable material = glass, metal, and plastic) or Source Separated Blue Container Organic Waste (organic recyclable material such as clean paper and cardboard).

C. “CalRecycle” means California's Department of Resources Recycling and Recovery, and any successor agencies, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Cities (and others).

D. “California Code of Regulations” or “CCR” is defined at Section 8.08.040. 449
E. “Commercial Business” or “Commercial” is defined at Section 8.08.040.

F. “Commercial Edible Food Generator” includes a Tier One, or a Tier Two Commercial Edible Food Generator as defined in Sections 8.08.260(TTT) and 8.08.270(UUU) of this Article or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).

G. “Compliance Review” means a review of records by the Town to determine compliance with this Section.

H. “Community Organic Waste” means any activity that creates Organic Waste green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Organic Waste on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

I. "Compost” is defined at Section 8.08.040.

J. “Compostable Plastic” or “Compostable Plastics” means plastic materials that meet the ASTM D6400 standard for composability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

K. “Container" or "Containers” is defined at Section 8.08.040.

L. “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

M. “Construction and Demolition Debris” or “C&D” is defined at Section 8.08.040.

N. “Designee” means an entity that the Town contracts with or otherwise arranges to carry out any of the Town's responsibilities of this Section as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.

O. "Direct Service Provider" means a person, company, agency, district, or other entity that provides a service or services to the Town pursuant to a contract or other written agreement or 450
as otherwise defined in 14 CCR Section 18982(a)(17).

P. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not MSW if it is recovered and not discarded.

Nothing in this ordinance or in 14 CCR, Division 7, Article 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

Q. “Enforcement Action” means an action of the Town to address non-compliance with this Article including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

R. “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the Town and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions, waste that in the Town's, or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Town, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family MSW after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, electronic waste, and/or latex paint when such materials are defined as allowable materials for collection through the Town's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by Town or its Designee for collection services.

S. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

T. “Food Facility” means a commercial & business establishment that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption. 451
U. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

V. “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Article 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.

W. “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Article 12 pursuant to 14 CCR Section 18982(a)(7).

X. “Food Scraps” means all surplus, spoiled or unsold food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, eggshells and solid fats, oils & grease.

Y. “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
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Z. "Food-Soiled Paper" is organic wastepaper material that has come in contact with food or liquid, such as, but not limited to, organic wastepaper plates, paper coffee cups, napkins, pizza boxes, coffee filters, tea bags, wax paper, butcher paper and waxed cardboard, paper take out boxes, paper egg cartons, and milk cartons.

AA. “Food Waste” means Food Scraps.

BB. “Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.

CC. “Gray Container Waste” means MSW that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

DD. “Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.

EE. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

FF. “Hauler Route” means the designated daily, weekly, etc. itinerary or sequence of stops for each segment of the Town’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

GG. “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

HH. “Inspection” is defined at Section 8.08.040.
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II. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.

JJ. "Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Article and implementation of 14 CCR, Division 7, Article 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Article and implementation of 14 CCR, Division 7, Article 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition in 13 CCR Section 18982(a)39 shall apply to this Section.

KK. “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of Town or county regulations related to MSW, or as otherwise defined in 14 CCR Section 18982(a)(40).

LL. “Multi-Family Complex” is defined at Section 8.08.040.

MM. “Municipal MSW” or “MSW” is defined at Section 8.08.040.

NN. “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Article 2.7.

OO. “Non-Organic Waste Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the Organic Waste process, or as otherwise defined in 14 CCR Section 18982(a)(41).

PP. “Non-Local Entity” means the following entities that are not subject to the Town’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

1. State agencies located within the boundaries of the Town, including all public-school locations.
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QQ. “Non-Organic Recyclable Material” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

RR. “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

SS. “Organic Waste” means MSW containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

TT. “Organic Waste Generator” means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

UU. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

VV. “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

WW. “Prohibited Container Contaminants” means the following:

1. Discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Town Blue Container.

2. Discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Town Green Container.

3. Discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in Town Green Container and/or Blue Container; and
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4. Excluded Waste placed in any container.

XX. “Recovered Organic Waste Products” means products made from California, landfilldiverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

YY. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

ZZ. “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

AAA. “Recyclable Materials” is defined at Section 8.08.040.

BBB. “Regional Agency” means regional agency as defined in Public Resources Code Section 40181.

CCC. “Regional or County Agency Enforcement Officer” means a regional or county agency enforcement officer, designated by the Town with responsibility for enforcing this ordinance in conjunction or consultation with the Town Enforcement Officer or Town Designee.

DDD. “Renewable Gas” means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

EEE. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

FFF. “Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

GGG. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Article 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

HHH. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations 456
developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Article 12 and amended portions of regulations of 14 CCR and 27 CCR.

III. “SB 1383 Eligible Mulch” means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Article 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1 (f)(4):

1. Produced at one of the following facilities:
i. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or,
ii. A MSW landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.

2. Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5) (A)1 through 3, as enforced by Section 6-3-708(a) JJJ. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Material Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Article 12 and amended portions of regulations of 14 CCR and 27 CCR
KKK. “Self-Hauler” means a person, who hauls Recyclable Material or Organic Waste material he or she has generated to a transfer, processing, recovery, or disposal facility other than the Direct Service Provider, whose primary business is not waste hauling. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Backhaul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

LLL. "Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) dwelling units.

MMM. “Soiled Paper Products” means paper towels, tissue products, paper napkins, paper plates and cups, coffee filters, tea bags, waxed paper, butcher paper, paper take-out boxes and containers, greasy pizza boxes, paper bags and cardboard and wax-coated cardboard produce boxes. “Soiled Paper Products” does not include polystyrene, plastic-backed paper, blue-line paper or blueprints, diapers, kitty litter, any paper containing plastics, aluminum foil or foillined food wrap. 457
NNN. "Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the MSW stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other MSW for the purposes of collection and processing.

OOO. “Source Separated Blue Container Organic Waste” means Source Separated Organic Waste (e.g. non-soiled paper products) that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclable material as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

PPP. “Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste Material by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Organic Wastepaper, and textiles.

QQQ. “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclable material and Source Separated Blue Container Organic Waste. “Recyclable Materials” includes paper, books, magazines, cardboard, boxes, plastic, metal, glass, food waste and other similar materials authorized by the Town for collection by the Authorized Contractor.

RRR. “State” means the State of California.

SSS. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

TTT. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

1. Supermarket.

2. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

3. Food Service Provider.

4. Food Distributor.
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5. Wholesale Food Vendor.

6. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.

UUU. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

2. Hotel with an on-site Food Facility and 200 or more rooms.

3. Health facility with an on-site Food Facility and 100 or more beds.

4. Large Venue.

5. Large Event.

6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

7. A Local Education Agency facility with an on-site Food Facility.

8. If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.

VVV. “Town” is defined at Section 8.08.040.

WWW."Town Enforcement Officer" is defined at Section 8.08.040.

XXX. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

YYY. “Un-containerized Yard Trimming Collection Service” or “Un-containerized Service” means a collection service that collects Yard Waste that are placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).

ZZZ. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, 459
shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

AAAA. “Yard Waste” means tree trimmings, grass cuttings, leaves, branches, and similar Organic Wastes, including vineyard clippings, sawdust, wooden chopsticks, crates and other clean wood items under 36 inches.

Section 8.08.230: Requirements for Single-Family Generators Single-Family Organic Waste Generators shall comply with the following requirements except Single-Family generators that meet the Self-Hauler requirements in Section 8.08.290 of this Article:

A. Shall subscribe to the Town’s MSW, Recycling and Organic Waste collection services for all MSW, recycling, and organic waste generated as described below in subsection (B). Single-Family MSW, Recycling, and Organic Waste Generators shall comply with the following requirements except Single-Family generators that meet the Self-Hauler requirements in Section 8.08.290 of this Article.

B. Shall participate in the Town's MSW, Recycling, and Organic Waste collection service(s) by placing designated materials in designated containers as described below and shall not place Prohibited Container Contaminants in collection containers.

1. Generator shall place Source Separated Green Container Organic Waste material, including Food Scraps and Yard Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container MSW in the Gray Container.

Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

Section 8.08.240: Requirements of Commercial Businesses Generators that are Commercial Businesses, including Multi-Family Complexes, shall:

A. Subscribe to Town's three-container collection services and comply with requirements of those services as described below in Section 8.08.240(B), except Commercial Businesses that meet the Self-Hauler requirements in Section

8.08.290 of this Article. Town shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Commercial Businesses shall adjust 460
their service level for their collection services as requested by the Town.

B. Except Commercial Businesses that meet the Self-Hauler requirements in Section

8.08.290 of this Article, participate in the Town's MSW, Recycling and Organic Waste collection service(s) by placing designated materials in designated containers as described below.

1. Generator shall place Source Separated Green Container Organic Waste material including Food Scraps and Yard Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container MSW in the Gray Container.

Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

C. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with Sections 8.08.240 (D)(1) and 8.08.240 (D)(2) below) for employees, contractors, tenants, and customers, consistent with Town's Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.08.290.

D. Excluding Multi-Family Complexes, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

1. A body or lid that conforms with the container colors provided through the collection service authorized by Town, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the 461
subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers
commencing January 1, 2022.

E. Multi-Family Complexes are not required to comply with container placement requirements or labeling requirements in Section 8.08.240(D) pursuant to 14 CCR Section 18984.9(b).

F. To the extent practical through education, training, inspection, and/or other measures, excluding Multi-Family Complexes, prohibit employees from placing materials in a container not designated for those materials per the Town's Blue Container, Green Container, and Gray Container collection service or, if selfhauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.08.290.

G. Excluding Multi-Family Complexes, periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

H. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Wastes and Source Separated Blue Cart Recyclable Materials.

I. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Blue Container Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property. 462
J. Provide or arrange access for Town, its agent or designee to their properties during all Inspections conducted in accordance with Section 8.08.330 of this Article to confirm compliance with the requirements of this Article.

K. If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in Section 8.08.290.

L. Nothing in this Section prohibits a generator from preventing or reducing MSW generation, managing Organic Wastes on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

M. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section

08.08.260.

Section 8.08.250: Waivers for Generators
A. De Minimis Waivers: The Town may waive a Commercial Business' obligation (including Multi-Family Complexes) to comply with some or all of the Organic Waste requirements of this Article if the Commercial Business can demonstrate and certify to the satisfaction of the Town Compliance Officer or his or her designee that such Organic Waste collection service is not needed because the owner or occupant satisfies any of the following criteria:

1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 8.08.250(A)(2) below.

2. Provide documentation that either:
a. The Commercial Business' total MSW collection service is two cubic yards or more per week and Organic Waste
subject to collection in a Blue Container or Green
Container comprises less than 20 gallons per week per
applicable container of the business' total waste; or,
b. Commercial Business' total MSW collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container
comprises less than 10 gallons per week per applicable
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container of the business' total waste.

3. Notify the Town if circumstances change such that Commercial Business's Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.

4. Provide written verification of eligibility for de minimis waiver every 5 years if the Town has approved de minimis waiver.

Section 8.08.260: Requirements for Commercial Edible Food Generators A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

2. Contract with, or enter into a written agreement with, Food Recovery Organizations or Food Recovery Services for:
a. the collection of Edible Food for Food Recovery; or
b. acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery
Organization for Food Recovery.

3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
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4. Allow Town's Town Compliance Officer or designee to access the premises and review records pursuant to 14 CCR Section 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section
18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address and contact information of the
Food Recovery Service or Food Recovery
Organization.
ii. The types of food that will be collected by or selfhauled to the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that food will be
collected or self-hauled.
iv. The quantity of food, measured in pounds
recovered per month, collected or self-hauled to a
Food Recovery Service or Food Recovery
Organization for Food Recovery.

6. No later than March 31st of each year, commencing no later than February 1, 2023, for Tier One Commercial Edible Food
Generators and February 1, 2025, for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the Town that includes the following information:
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a. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
b. The quantity of food, measured in annual pounds
recovered, collected or self-hauled to a Food Recovery
Service or Food Recovery Organization for Food Recovery. c. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.

D. Nothing in this Article shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article13 [commencing with Section 49580] to Article 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

Section 8.08.270: Requirements for Food Recovery Organization and Services A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1 ):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
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B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

C. No later than March 31st of each year, commencing March 31, 2023, Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the Town and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Town the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).

D. Food Recovery Capacity Planning
In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the Town or its designee, Food Recovery Services and Food Recovery Organizations operating in the Town shall provide information and consultation to the Town, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Town and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Town shall respond to such request for information within 60 days unless a shorter timeframe is otherwise specified by the Town.

Section 8.08.280: Requirements for Haulers and Facility Operators A. Requirements for Haulers

1. Exclusive franchised hauler providing residential, commercial, or industrial MSW, Recycling and Organic Waste collection services to generators within the Town's boundaries shall meet the following requirements and standards 467
as a condition of approval of a contract, agreement, or other authorization with the Town to collect MSW, Recycling, and Organic Waste:
a. Through written notice to the Town annually on or before April 1st identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste.
b. Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Article 12, Article2.
c. Obtain approval from the Town to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, this Section, and Town's C&D ordinance.

2. Exclusive franchised hauler authorized to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with the Town.

B. Requirements of Facility Operators and Community Composting Operations

1. Owners of facilities, operations, and activities that recover MSW, Recycling and Organic Waste, including, but not limited to, Landfills, Material Recovery Facilities, Transfer Stations, Compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon Town request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the Town shall respond within 60 days.

2. Community Composting operators, upon Town request, shall provide information to the Town to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the Town shall respond within 60 days.
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Section 8.08.290: Self Hauler Requirements
A. Self-Haulers shall source separate all recyclable materials and organic waste (materials that Town otherwise requires generators to separate for collection in the Town's recycling materials and Organic Waste collection program) generated on-site from MSW in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

B. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a MSW facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.

C. Self-Haulers that are Commercial Businesses (including Multi-Family Complexes) shall keep a record of the amount of Organic Waste delivered to each MSW facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Town. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

2. The amount of material in cubic yards or tons transported by the generator to each entity.

3. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.

D. Self-Haulers that are Commercial Businesses (including Multi-Family Self Haulers) shall provide information collected in Section 8.08.290(C) to Town, if requested.

E. A residential Organic Waste Generator that self-hauls Organic Waste, as described in Section 8.08.290 is not required to record or report information in Section

8.08.290(C) and (D).
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Section 8.08.300: Procurement Requirements for Town Departments, Authorized Contractors, and Vendors
A. Direct Service Providers of landscaping maintenance, renovation, and construction shall:

1. Use Organic Waste and SB 1383 Eligible Mulch, as practicable, produced from recovered Organic Waste, for all landscaping renovations, construction, or maintenance performed for the Town, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5) (A)(1) through (3).

2. Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to Town, upon completion of projects. Information to be provided shall include:
a. General description of how and where the product was used and if applicable, applied.
b. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured.
c. Type of product.
d. Quantity of each product; and,
e. Invoice or other record demonstrating purchase or procurement.

B. All vendors providing Paper Products and Printing, and Writing Paper shall:

1. If fitness and quality are equal, provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled Paper Products and Printing and Writing Paper are 470
available at the same or lesser total cost than non-recycled items or at a total cost of no more than 10% of the total cost for non-recycled items.

2. Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the Town. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

4. Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the Town is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).

5. Provide records to the Town's Recovered Organic Waste Product procurement recordkeeping staff, in accordance with the Town's Recycled-Content Paper procurement policy(ies) of all Paper Products and Printing and Writing Paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the Town. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in Sections 7(b)(3) and 7(b)(4) of this Article for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled-Content Paper Products or Printing and Writing Papers were not provided.

Section 8.08.310: Compliance with CALGreen Recycling Requirements A. Persons applying for a permit from the Town for new construction, building additions, and alternations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of 471
CALGreen. If the requirements of CALGreen are more stringent than the requirements of this Section, the CALGreen requirements shall apply.

B. Project applicants shall refer to Town's Building Division for complete CALGreen requirements.

C. For projects covered by CALGreen, the applicants must, as a condition of the Town's permit approval, comply with the following:

1. Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the three container collection program offered by the Town, or comply with provision of adequate space for recycling for Multi-Family Complexes and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

2. New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-container collection program offered by the Town, or shall comply with provision of adequate space for recycling for Multi-Family Complexes and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and

5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

3. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with Town's C&D ordinance, Article 15.01 of Town's municipal code, and all written and published Town policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
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Section 8.08.320: Model Water Efficient Landscaping Ordinance (MWELO) Requirements A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the Town, who are constructing a new Single-Family, Multi-Family, public, institutional, or Commercial project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with 23 CCR, Division 2, Article 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Organic Waste and mulch as delineated in this Section.

B. The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this Section.

C. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in 8.08.320(A) above shall:

1. Comply with Sections 492.6 (a)(3)(B)(C)(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a. For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
b. For landscape installations, a minimum three (3) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
c. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other 473
applicable local ordinances.

2. The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in this Section shall consult the full MWELO for all requirements in 23 CCR, Division 2, Article 2.7.

D. If, after the adoption of this Article, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Article 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires the Town to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Article 2. 7 shall be enforced.

Section 8.08.330: Inspections and Investigations by Town A. Town Enforcement Officer and/or its designated entity, including Designees, are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this Section by Organic Waste Generators, Commercial Businesses (including Multi-Family Complexes), property owners, Commercial Edible Food Generators, Authorized Contractors, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow Town to enter the interior of a private residential property for Inspection.

B. Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the Town's employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Article described herein. Failure to provide or arrange for:

1. access to an entity's premises; or

2. access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.
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C. Any records obtained by a Town during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

D. Town representatives, its designated entity, and/or Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.

E. Town shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

Section 8.08.340: Enforcement
A. Violation of any provision of this Article shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a Town Compliance Officer or Designee. Enforcement Actions under this Article are issuance of an administrative citation and assessment of a fine. The Town's procedures on imposition of administrative fines set forth in Chapter 1.09 are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Article and any rule or regulation adopted pursuant to this Article, except as otherwise indicated in this Article.

B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. Town may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Town may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of Town staff and resources.

C. Responsible Entity for Enforcement

1. Enforcement pursuant to this Article may be undertaken by the Town Compliance Officer, which may be the Town manager or their designated entity, legal counsel, or combination thereof.

2. Enforcement may also be undertaken by a Regional or County Agency Enforcement Officer, designated by the Town, in consultation with Town Compliance Officer.
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a. Town Compliance Officer(s) and Regional or County Agency Enforcement Officer will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.
b. Town Compliance Officer(s) and Regional or County Agency Enforcement Officer may issue Notices of Violation(s).

D. Process of Enforcement

1. Town Compliance Officers or Regional or County Enforcement Officers and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 8.08.340 establishes Town's right to conduct Inspections and investigations.

2. Town may issue an Officer notification to notify regulated entities of its obligations under the ordinance.

3. Town shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.

4. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, Town shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Town's Administrative Citation ordinance in Chapter 1.09.

Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the Town or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information.

E. Penalty Amounts for Types of Violations
The penalty levels are as follows:
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1. A fine not exceeding $100.00 for a first violation.

2. A fine not exceeding $200.00 for a second violation of the same code section within 12 months.

3. A fine not exceeding $500.00 for each day of each additional violation of the same code section within 12 months.

F. Compliance Deadline Extension Considerations
The Town may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 8.08.340 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters.

2. Delays in obtaining discretionary permits or other government agency approvals; or,

3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Town is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

G. Appeals Process
Consistent with Chapter 1.09, persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation.

A hearing will be held only if it is requested within the time prescribed and consistent with Town's procedures in the Town's codes for appeals of administrative citations. Evidence may be presented at the hearing. The Town will appoint a hearing officer who shall conduct the hearing and issue a final written order.

H. Education Period for Non-Compliance
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Beginning January 1, 2022 and through December 31, 2023, Town or its Designee will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the Town determines that the Organic Waste Generator, Self-Hauler, Authorized Contractor, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Article and a notice that violations may be subject to administrative civil penalties starting on January 1, 2024.

I. Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the Town determines that an Organic Waste Generator, Self-Hauler, Hauler, Authorized Contractor, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Article, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 8.08.340, as needed.

J. Enforcement Table
Table 1. List of Violations
Requirement Description of Violation
Commercial Business and
Commercial Business Owner
Responsibility Requirement
Sections 8.08.240
Commercial Business fails to provide or arrange for
Organic Waste collection services consistent with Town
requirements and as outlined in this ordinance, for
employees, contractors, tenants, and customers, including supplying and allowing access to adequate numbers, size, and location of containers and sufficient signage and
container color.

Organic Waste Generator
Requirement
Section 8.08.230, and 8.08.240
Organic Waste Generator fails to comply with
requirements adopted pursuant to this ordinance for the collection and Recovery of Organic Waste.

Hauler Requirement
Section, Section 8.08.280
A hauler providing residential, Commercial, or industrial Organic Waste collection service fails to transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste, as prescribed by this ordinance. 478
Hauler Requirement
Section 8.08.280
A hauler providing residential, Commercial, or industrial Organic Waste collection service fails to obtain applicable approval issued by the Town to haul Organic Waste as
prescribed by this ordinance.

Hauler Requirement
Section 8.08.280
A hauler fails to keep a record of the applicable
documentation of its approval by the Town, as prescribed by this ordinance.

Self-Hauler Requirement
Section 8.08.290
A generator who is a Self-Hauler fails to comply with the requirements of 14 CCR Section 18988.3(b).

Commercial Edible Food
Generator Requirement
Section 8.08.260
Tier One Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its Edible
Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery
Organization or Food Recovery Service and comply with
this Section commencing Jan. 1, 2022.

Commercial Edible Food
Generator Requirement
Section 8.08.260
Tier Two Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its Edible
Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery
Organization or Food Recovery Service and comply with
this Section commencing Jan. 1, 2024.

Commercial Edible Food
Generator Requirement
Section 8.08.260
Tier One or Tier Two Commercial Edible Food Generator
intentionally spoils Edible Food that is capable of being recovered by a Food Recovery Organization or Food
Recovery Service.

Organic Waste Generator,
Commercial Business Owner,
Commercial Edible Food
Generator, Food Recovery
Organization or Food Recovery
Service
Sections 8.08.230, 8.08.240,

8.08.260, 8.08.270
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.

Recordkeeping Requirements
for Commercial Edible Food
Generator
Section 8.08.260
Tier One or Tier Two Commercial Edible Food Generator
fails to keep records, as prescribed by Section 8.08.260 Recordkeeping Requirements
for Food Recovery Services and
Food Recovery Organizations
Section 8.08.260
A Food Recovery Organization or Food Recovery Service
that has established a contract or written agreement to collect or receive Edible Food directly from a Commercial Edible Food Generator pursuant to 14 CCR Section
18991.3(b) fails to keep records, as prescribed by Section

8.08.270
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Section 8.08.350: Effective Date
This Article shall be effective commencing on January 1, 2022.

SECTION 3: CEQA The Town Council finds that the enactment of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061 (b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced MSW regulations, as provided for in this Ordinance will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of MSW, represent actions by a regulatory agency (the Town) for the protection of the environment.

SECTION 4. This ordinance shall take effect thirty (30) days after the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance or a summary thereof shall be published in a newspaper of general circulation published and circulated within the Town of Paradise along with the names of the members of the Town Council of Paradise voting for and against same.

PASSED AND ADOPTED by the Town Council of the Town of Paradise, County of Butte, State of California, on this day of , 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Steve Crowder, Mayor
ATTEST:
___________________________________
Dina Volenski, Town Clerk
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APPROVED AS TO FORM:
________________________________
Scott E. Huber, Town Attorney
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Town of Paradise
Council Agenda Summary
Date: June 14, 2022
Agenda Item: 6(b)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Category 4 Arborist Services Contract Award

LONG TERM
RECOVERY PLAN:

Yes
COUNCIL ACTION REQUESTED:

1. Discuss and consider concurring with staff’s recommendation to select P31 Enterprises of Oroville, CA to perform arborist services for the Category 4 Tree Removal Program, and

2. Approve the attached Professional Services Agreement with P31 Enterprises and authorize the Town Manager and Town Mayor to execute the agreement. (ROLL CALL VOTE)
Background:

As the Town of Paradise recovers from the Camp Fire, the removal of hazard trees continues to be a priority, one that is complicated and requires a phased approach to leverage the varied funding sources available to us. In the days and weeks after the fire, immediate hazard trees the impeded roadways or created hazards were removed as part of the Town’s response. These actions were reimbursable through FEMA’s Public Assistance (PA) Program. Following these actions, hazardous trees that threatened public or private roads were removed through the first of its’ kind Government Hazard Tree Removal Program in 2020, also reimbursable through FEMA’s PA Program. This left hazardous trees rooted on private property that were ineligible for prior programs, but still posed a threat to structures, building sites, living areas, or posted a fire hazard if left in place.

The Category 4 Tree Removal Program, funded through the FEMA Hazard Mitigation Grant Program (HMGP), aims to help property owners with the cost of removing these remaining hazard trees. Phase 1 of this program was approved by FEMA and includes environmental work, property enrollment, and assessment, and pending contract award to an arborist, is expected to begin by August 2022 and be completed by November 2022. Phase 2, which is yet to be awarded by FEMA, will include the removal of identified trees on enrolled properties, and is expected to begin once enrollment and assessment are complete, pending final approval by FEMA.

Analysis:

After project environmental work had been completed, the Town issued a Request for Proposals (RFP) for arborists or certified foresters for property assessment in Phase 1 of the Category 4 Tree Removal Program.
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By May 12, 2022 at 4:00 PM, Town staff had received 7 responses to the RFP. The proposers included:
 Mason, Bruce & Girard Inc
 Davey Resource Group
 ATM Inc
 California Tree and Landscape Consulting
 Task Force 7
 P31
 ACRT Pacific
The Evaluation Committee received and ranked the proposals according to the criteria provided in the RFP and shown in Table 1:

Table 1: Criteria Weighting Table
No. Evaluation Criteria Weight
1 Experience 25%
2 Personnel 15%
3 Statement of Availability to Perform 10%
4 Proposal Format (Completeness) 15%
5 Understanding, Approach, and Scope 30%
6 Cost (Utilizing FEMA Evaluation Criteria) 5%
TOTAL 100%
Committee review of the proposals was performed independently. The final rankings of the 7 proposal are shown in Table 2.

Table 2: Ranking Proposal Scores

CONTRACTOR
Evaluator
1 Evaluator
2 Evaluator
3 Ranking Points
Final
Ranking
P31 1 1 1 3 1
California Tree and Landscape Consulting 2 2 2 6 2
ATM Inc 5 3 3 11 3
Mason, Bruce & Girard Inc 6 4 4 14 4
Davey Resource Group 4 5 7 16 5
ACRT Pacific 3 6 8 17 6
Task Force 7 7 7 4 18 7
After scoring the proposals, the Committee discussed and reached a consensus selection. The evaluation committee’s scores determined P31 as the unanimous preferred consultant and it was determined that there was sufficient consensus to not utilize the “as-needed” interview step of the RFP process. Positive references were received from all provided references and the committee moved forward with P31 as the preferred firm to provide arborist services. 483
Due to the reality of the unknown universe of properties that will ultimately enroll in the Category 4 Tree Removal Program, the RFP requested all-inclusive per-parcel fees for arborist services.

Table 3: P31 Per Parcel Inspection Fees
Item Number Description Unit Bid Price
1 Category 4 Tree Assessment (0.00-0.25 Acre Parcel) $455.43 2 Category 4 Tree Assessment (0.26-0.50 Acre Parcel) $550.16 3 Category 4 Tree Assessment (0.51-0.75 Acre Parcel) $614.66 4 Category 4 Tree Assessment (0.76-1.00 Acre Parcel) $1,536.64 5 Category 4 Tree Assessment (1.01-2.50 Acre Parcel) $1,536.64 6 Category 4 Tree Assessment (2.51-5.00 Acre Parcel) $2,793.90 7 Category 4 Tree Assessment (5.00+ Acre Parcel) $2,119.51 Staff recommends Council consider awarding the contract, Attachment A, to P31 Enterprises to provide arborist services for the Category 4 Tree Removal Program.

Financial Impact:

The professional services agreement and respective services will be 75% funded by FEMA/CalOES HMGP funds. The 25% of remaining match funds will be provided by CDBG Funds if received or from the enrolled property owners if outside match funds are not obtained.

The Category 4 Tree Removal Program currently has up to $225,000 budgeted for Tree Assessment. We are working with FEMA/CalOES and can increase that amount if necessary using the savings we have incurred from moving management of the project to Town staff from outside consultants.

Attachments:

1. Attachment A – Professional Services Contract Agreement 484
ATTACHMENT A: PROFESSIONAL SERVICE CONTRACT GREATER THAN $25,000 This Contract, dated as of the last date executed by the Town of Paradise is between the Town of Paradise, a municipal corporation of the State of California, hereinafter referred to as “TOWN”, and the professional service contractor indicated in the variable information table below, hereinafter referred to as “CONTRACTOR.”

VARIABLE INFORMATION TABLE
Term of This Contract
Term Begins Term Completion Date
On Following Date July 15, 2022 On Following Date December 31, 2022 Town Department Recover & Econ Dev
Basis of Price (Do Not √ More Than One of the Following Four Blocks) Price $N/A Fixed Price: N/A Annual Price:

N/A
Monthly Price: N/A Hourly Rate: N/A
Not-to-Exceed Price $225.000 √ if Reasonable Expenses are authorized in addition to Hourly Rate
CONTRACTOR Contact Information TOWN Contact Information CONTRACTOR P31 Enterprises Project
Manager
Brian Solecki
Address 2015 Challenger Ave Address 5555 Skyway
City, State & ZIP Oroville, CA 95965 City, State &
ZIP
Paradise, CA 95969
Telephone 530-353-6276 Telephone 530-872-6291 x165
Email [email protected] Email [email protected] WHEREAS, TOWN, through the TOWN Department identified above, desires to have work described in the Attachment III - Scope of Work performed; and
WHEREAS, CONTRACTOR possesses the necessary qualifications to perform the work described herein; NOW THEREFORE BE IT AGREED between the parties to this Contract that this Contract is subject to the provisions contained in the following attachments, which are made a part of this Contract. Should there be any conflicts between this Contract and the attachments that are incorporated herein precedence shall first be given to the provisions of this Contract followed by the attachments, in descending order, as indicated below:

ATTACHMENT 1: REGULATORY COMPLIANCE REQUIREMENTS FOR EXPENSE CONTRACTS ATTACHMENT 2: DEBARMENT CERTIFICATION
ATTACHMENT 3: NON-LOBBYING CERTIFICATION
ATTACHMENT 4: PROFESSIONAL SERVICE CONTRACT GREATER THAN $25,000 ATTACHMENT 5: TERMS AND CONDITIONS
ATTACHMENT 6: INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES ATTACHMENT 7: PROFESSIONAL CREDENTIALS
ATTACHMENT 8: SCOPE OF WORK
By signature below, the department head or his or her deputy certifies that no unauthorized alterations have been made to the Attachment I – “Terms and Conditions” and/or the Attachment II – “Standard Insurance Requirements.”
_________________________________ _______________________________________ ________________ 485
Typed or Printed Name Signature Date
This Contract and the above listed Attachments represent the entire undertaking between the parties.

TOWN: CONTRACTOR:

By: By:

Date Date:

REVIEWED FOR CONTRACT POLICY COMPLIANCE REVIEWED AS TO FORM:

By: By:
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Attachment 5: Terms and Conditions

1. Scope of Work. The work to be undertaken is identified in the attached “Attachment 8-Scope of Work” which is made a part of this Contract.

2. Reimbursement. The work shall be performed for the Fixed price, Annual price, Monthly price or Hourly rate as indicated above in the variable information table, but shall not exceed the Not-to-Exceed Price if included in the variable information table. Reasonable expenses if authorized and specified in addition to the Hourly Rate if both the Hourly Rate block and the block authorizing Reasonable Expenses are checked in the variable information table. Payment shall be made after the Project Manager or designee reviews and approves the work and after submittal of an invoice by the CONTRACTOR. Expenses and or materials if stipulated shall be paid only upon prior approval and with receipts and only after review and authorization by the Project Manager.

3. Town Project Manager. The TOWN Project Manager or designee for this undertaking who will receive payment invoices and answer questions related to the coordination of this undertaking is identified above in the variable information table.

4. Independent Contractor. CONTRACTOR is an independent contractor, working under his/her own supervision and direction and is not a representative or employee of TOWN nor is the CONTRACTOR a partner or in any way directly affiliated with the TOWN. CONTRACTOR agrees to file tax returns, report compensation and pay all applicable taxes on amounts paid pursuant to this Contract.

5. Ownership. The TOWN retains the exclusive right of ownership to the work, products, inventions and confidential information produced for the TOWN by the CONTRACTOR, and the CONTRACTOR shall not disclose any information, whether developed by the CONTRACTOR or given to the CONTRACTOR by the TOWN. The parties agree that the TOWN will own the work, products, inventions or information produced by the CONTRACTOR pursuant to this Contract.

6. Confidentiality. The CONTRACTOR shall comply as follows and in accordance with the required performance of this contract:
a. All applications, records, data or any information concerning any individual made or kept by any public office, officer or department obtained by the CONTRACTOR in the performance of duties or as a consequence of performing said duties, shall be the confidential property of the TOWN and shall not be communicated, transmitted, reproduced or in any other way conveyed to any person not directly a party to this contract, its terms and conditions in accordance with all applicable laws and regulations including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any implications thereof including destruction of records or data as appropriate under compliance criteria. b. No person will publish or disclose or permit or cause to be published or disclosed any data, facts, figures, list of persons or any other form of information obtained by the CONTRACTOR in the performance of duties or as a consequence of performing said duties. No person shall publish, disclose, or use or permit, or cause to be published, disclosed or used any confidential information pertaining to any individual or group of individuals obtained by the CONTRACTOR in the performance of duties or as a consequence of performing said duties.
c. CONTRACTOR agrees to inform all employees, agents, associates and partners on the above provisions and that any person knowingly and intentionally violating the provisions of this clause is guilty of a misdemeanor. CONTRACTOR shall bear equal responsibility for any violation of the provisions of this paragraph.
487
d. CONTRACTOR agrees and understands that if confidential information concerning any individual made or kept by any public office, officer or department is obtained by the CONTRACTOR and included on any memory device that may be housed in a computer, or other device (such as a “PDA”) may become subject to Federal HIPAA requirements and/or any state or local regulations that apply which could result in surrender of the hard drive, sanitization or the destruction thereof in accordance with Department of Defense (DoD) 5220.22-M standard and/or industry standards current to time of the release of the equipment which ever represents the greatest level of (permanent) information destruction. At the very least, at the end of this contract, CONTRACTOR may be required to stipulate to the fact that no such files exist.

7. Termination. This Contract may be terminated by either the TOWN or CONTRACTOR by a thirty (30)- day written notice. Authorized costs incurred by the CONTRACTOR will be reimbursed up to the date of termination. Notwithstanding anything stated to the contrary herein, this Contract shall expire on the Completion Date indicated in the above Variable Information Table unless the Completion Date is modified by written amendment to this Contract.

8. Indemnification. CONTRACTOR agrees to accept responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release the TOWN, its officers, agents and employees from and against any and all actions, claims, damages, disabilities or expenses that may be asserted by any person or entity, including CONTRACTOR, to the extent arising out of or in connection with the negligent acts or omissions or willful misconduct in the performance by CONTRACTOR hereunder, whether or not there is concurrent negligence on the part of the TOWN, but excluding liability due to the active negligence or willful misconduct of the TOWN. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for CONTRACTOR or its agents under worker’s compensation acts, disability benefit acts, or other employee benefits acts. CONTRACTOR shall be liable to TOWN for any loss of or damage to TOWN property arising out of or in connection with CONTRACTOR’s negligence or willful misconduct.

9. Right to Monitor/Audit and Associated Liability. It being understood by the parties hereto that the TOWN’s funding source herein may be TOWN, State and/or Federal appropriation, and therefore CONTRACTOR is responsible for administering the program as described herein, CONTRACTOR agrees to accept responsibility for receiving, replying to and/or complying with an any audit of this project which may be deemed appropriate or required in compliance with TOWN, State or Federal mandates and to reimburse the TOWN for any liability upon the TOWN for any discrepancy resultant from said audit exceptions or for any liability that result from a breach of contract, misrepresentation or inaccuracy.

10. Record Retention and Availability. CONTRACTOR shall maintain and preserve all records related to this agreement in its possession (or will assure the maintenance of such records in the possession of any third party performing work related to this agreement) for a minimum period of three (3) years from the effective date of this agreement, or until all State and/or Federal audits are complete, whichever is later. Upon request, CONTRACTOR shall make available copies of these records to TOWN, State or Federal Governments’ personnel, including but not limited to the State Auditor General. In the event that this contract is related to a FEMA grant record retention shall be three years from the date of the Grant Close-out letter.

11. Insurance Requirements. CONTRACTOR shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or be in connection with the performance of the Work hereunder by CONTRACTOR, CONTRACTOR’s agents, representatives, employees and subcontractors. At the very least, CONTRACTOR shall maintain the insurance coverage, limits of coverage, and other insurance requirements as described in Attachment II to this Contract.

12. Changes to the Contract. Changes to this Contract may only be approved by written amendment to this Contract. No alteration or variation of any term or condition of this agreement shall be valid unless made in writing, signed by the parties hereto in accordance with TOWN Policies and Procedures. No oral understanding or agreement not incorporated as a duly authorized written amendment shall be binding on any of the parties hereto. 488

13. Representations and Warranties. CONTRACTOR by execution represents the skill, knowledge, proficiency and expertise to perform as herein stipulated and warrants that the credentials presented herein Attachment VI are authentic, current and duly granted.

14. Contractor’s Standard of Care. TOWN has relied upon the professional ability, experience, and credentials presented and represented by the CONTRACTOR as a material inducement to enter into this Contract. CONTRACTOR hereby warrants that all of CONTRACTOR’s work will be performed in accordance with generally accepted and applicable professional practices and standards as well as the requirements of applicable Federal, State and local laws, it being understood that acceptance of CONTRACTOR’s work by TOWN shall not operate as a waiver or release. Where applicable, the CONTRACTOR shall maintain the appropriate certification(s), license(s) or accreditation(s) through the life of this contract, as submitted and stipulated herein Attachment VI and make them available for audit upon request by the TOWN.

15. Termination for Exceeding Maximum Level of Expenditures. Contracts exceeding the monetary limits delegated to the Purchasing Agent, or authorized deputies, are not valid unless duly executed by the Town Manager. If this Contract was executed for the TOWN of Paradise by the Purchasing Agent, or authorized deputy, this Contract shall automatically terminate on the date that the provision of services or personal property or incurring of expenses, the cumulative total of which, exceeds the amount prescribed by Government Code Section 25502.5 for personal services contracts or the amount prescribed by Public Contract Code Section 22032 (b) for public works contracts.

16. Termination for Exceeding Maximum Term. Contracts exceeding the five-year term delegated to the Purchasing Agent, or authorized deputies, are not valid unless duly executed by the Chair of the Board of Supervisors. If this Contract was executed for the TOWN of Paradise by the Purchasing Agent, or authorized deputy, this Contract shall automatically terminate on the date that the term exceeds five years. Amendments to this Contract, or new Contracts for essentially the same purpose, shall not be valid beyond the five-year limitation unless duly executed by the Chair of the Board of Supervisors.

17. Compliance with Laws. CONTRACTOR shall comply with all Federal, State and local laws, rules and regulations including, without limitation, and not limited to any nondiscrimination laws. Specifically, the CONTRACTOR by executing this agreement stipulates and certifies that as an individual or as an entity, complies in good faith as well as all actions the following regulatory requirements at least but not limited to:
a. Non-discrimination with regard to minority, women, and disabled veteran-owned business enterprises; hiring practices on the basis of race, color or national origin, gender, handicaps or age. b. Environmental protection legislation and in particular regarding clean air and water, endangered species, handling or toxic substances and the public right to know. c. Drug Free workplace, Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act and Public Health Service Act
d. National Labor Relations Board Public Contract Code 10296. e. Domestic Partners – Public Contract Code 10295.3.
f. ADA 1990 42 USC 12101 et seq.

18. Applicable Law and Forum. This Contract shall be construed and interpreted according to California law and any action to enforce the terms of this Contract for the breach thereof shall be brought and tried in the Superior Court of the County of Butte.

19. Contractor Performance and the Breach Thereof. The TOWN may terminate this agreement and is relieved of the payment of any consideration to CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. CONTRACTOR shall be notified in a timely manner of default and provided 30 days in which to remedy the default. If at the end of the 30 days, if remedy is not made or does not satisfy the default, the TOWN shall notify the CONTRACTOR of the breach and thereby the termination of this contract. In the event of such termination, the TOWN may proceed with the work in any manner deemed proper 489
by the TOWN. The cost to the TOWN shall be deducted from any sum due the CONTRACTOR under this agreement and the balance, if any, shall be retained by the TOWN.

20. Contradictions in Terms and Conditions. In the event of any contradictions in the terms and/or conditions of this Contract, these Attachment I TERMS AND CONDITIONS shall prevail.

21. No Delegation Or Assignment. Provider shall not delegate, transfer or assign its duties or rights under this Agreement, either in whole or in part, directly or indirectly, by acquisition, asset sale, merger, change of control, operation of law or otherwise, without the prior written consent of TOWN and any prohibited delegation or assignment shall render the contract in breach.  Upon consent to any delegation, transfer or assignment, the parties will enter into an amendment to reflect the transfer and successor to CONTRACTOR.  TOWN will not be obligated to make payment under the Agreement until such time that the amendment is entered into.

22. Conflict of Interest. CONTRACTOR and CONTRACTOR’S employees shall have no interest, direct or indirect, which will conflict in any manner or degree with the performance of services required under this contract. a. This contract is entered into by TOWN upon the express representation that CONTRACTOR has no other contracts in effect with TOWN except as described on Exhibit “A” hereto attached. Exhibit “A” is hereby made part of this contract by it reference herewith and hereby subjugated to these General Terms and Conditions (Attachment I).
b. CONTRACTOR understands and will adhere to the TOWN’s policy that no contracts shall knowingly be issued to any current TOWN employee or his/her immediate family or to any former TOWN employee or his/her immediate family until two years after separation from employment, without notifying the Director of the Department of Human Resources in writing:

Director of Human Resources
5555 Skyway
Paradise, CA 95969
c. CONTRACTOR stipulates by execution of this contract that they have no business or other interest that provides any conflict with the interest of the Town of Paradise in the matters of this agreement. CONTRACTOR recognizes that it is a breach of ethics to not disclose any interest that may be a conflict to the TOWN for the advice of Town Attorney on the matter prior to executing this contract.

23. Canon of Ethics. CONTRACTOR by execution of this contract agrees to act in the best interest of and on behalf of the Town of Paradise and its constituents in all matters, honest, fair, prudent and diligent as dictated by reasonable standards of conduct for their profession.

24. Severability. The terms and conditions of this contract shall remain in force and effect as a whole separate from and even if any part hereof the agreement is deemed to be invalidated.

25. No Implied Waiver. In the event that The TOWN at any point ignores or allows the CONTRACTOR to break an obligation under the agreement, it does not mean that TOWN waives its future rights to require the CONTRACTOR to fulfill those obligations.

26. Entirety of Agreement. This contract inclusive of all Attachments herein in stipulated and made part of the contract constitutes the entire agreement between these parties. 490
EXHIBIT “A”
Acknowledgement of OTHER TOWN Contracts
List any and all contracts that you have with TOWN agencies. If none, you must stipulate “none.” This cannot be left blank or omitted from the contract.
491
Attachment 6: Insurance Requirements for Professional Services *Please provide a copy of Attachment 6 to your insurance agent.

Contractor shall procure and maintain for the duration of this contract, insurance against claims for injuries to persons or damages to property that may arise from or be in connection with the performance of the work hereunder by Contractor, Contractor’s agents, representatives, employees and subcontractors. Before the commencement of work Contractor shall submit Certificates of Insurance and Endorsements evidencing that Contractor has obtained the following forms of coverage:

A. MINIMUM SCOPE AND LIMITS OF INSURANCE - Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

1. Automobile Liability: ISO’s Commercial Automobile Liability coverage form CA 00 01.

1. Commercial Automobile Liability: Covering any auto (Code 1) for corporate/business owned vehicles, or if Contractor has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage.

1. Personal Lines automobile insurance shall apply if vehicles are individually owned, with limits no less than $100,000 per person, $300,000 each accident, $50,000 property damage.

3. Workers’ Compensation Insurance: As required by the State of California with Statutory Limits and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury and disease. (Not required if Contractor provides written verification he or she has no employees.)

4. Professional Liability (Errors and Omissions): Insurance appropriate to Contractor’s profession, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Town requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Town.

B. OTHER INSURANCE PROVISIONS - The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The Town of Paradise, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL and Commercial Auto policies with respect to liability arising out of work or operations performed by or at the direction of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions used). 2) For any claims related to this contract, Contractors insurance coverage shall be primary insurance coverage at least as broad as ISO Form CG 20 01 04 13 as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees and volunteers shall be excess of Contractors insurance and shall not contribute with it. 492
3) Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Town.

C. WAIVER OF SUBROGATION: Contractor hereby grants to Town a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Town by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Town has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Town for all work performed by the Contractor, its employees, agents and subcontractors.

D. SELF-INSURED RETENTIONS: Self-insured retentions must be declared to and approved by the Town. The Town may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Town.

E. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Town.

F. VERIFICATION OF COVERAGE: Contractor shall furnish Town with original certificates of insurance including all required amendatory endorsements (or copies of the applicable policy language affecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

G. SPECIAL RISKS OR CIRCUMSTANCES: Town reserves the right to modify these requirements including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

H. SUBCONTRACTORS: Contractor shall include all subcontractors as insured under its policies or require all subcontractors to be insured under their own policies. If subcontractors are insured under their own policies, they shall be subject to all the requirements stated herein, including providing the Town certificates of insurance and endorsements before beginning work under this contract.

I. CLAIMS MADE POLICIES: If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

1. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

2. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

3. A copy of the claims reporting requirements must be submitted to the Town for review. 493

3. Attachment 7: Professional Credentials
The CONTRACTOR herein presents the required and essential credentials for performance of this contract and warrants them to be authentic, current and duly granted.

List required and essential credentials which will be available in the contract file and may or may not be hereto attached and which may be but are not limited to:

Professional Degrees
Licenses
Certifications
Bonds
494

4. Attachment 8: Scope of Work
Unless indicated otherwise herein, the CONTRACTOR shall furnish all labor, materials, transportation, supervision and management and pay all taxes required to complete the project described below:

At (fill in the appropriate point) prior to the end of the contract term an assessment may be made of the value of the professional services herein delineated and thus far received. At the conclusion of the assessment, it may be determined that the CONTRACTOR owes certain fulfillment and/or deliverables for which the remaining payments may be withheld up to 20% of the contract. The assessment may determine that there is additional work to be amended to this scope of work. In the event of an amendment, the CONTRACTOR shall be notified and the amendment submitted and duly authorized in accordance with TOWN Policy and Procedure. Otherwise, pertaining to this contract’s scope of work it is the CONTRACTOR’s responsibility to remain within the term and amount of the contract. If the terms and/or conditions of this contract including the amounts, rates, time and/or duration are exceeded in any way without fully executed amendment, the CONTRACTOR may not be reimbursed.

NOTE: If detail rate schedules or other documents are appropriate to the Scope of Work and separate from this Attachment III they must be stipulated in this Attachment by specific reference and thereby made part of this contract, labeled accordingly (Attachment III, Exhibit A, (or whatever the appropriate specific reference), etc.). They must also be included in the pagination of this contract. Consequently, it is necessary to scan them into the body of the contract where pagination control can make them inclusive.

Duties and obligations of the CONTRACTOR:

Since this is a professional service contract, this is the appropriate point in the contract to stipulate any subjective expectation that may be implied by their profession but once explicated become performance elements of the contract.

State all specific elements of the contract for which specific payment due as objectively as possible. Whether contract is based on hourly, daily, weekly, monthly rates; flat rate for deliverables; project milestone incremental payments; charges for use of particular (i.e., therapeutic) equipment or implements; any reports, criteria and schedule
Scope of Work shall include all services necessary to implement the proposed work, including staffing for a project manager, certified arborists, data support, GIS analysts, administrative support, and other direct costs. Payment for these services shall be made according to the Cost Proposal submitted in the following format:

Category 4 Tree Assessment (0.00-0.25 acre parcel) = $ __________/parcel Category 4 Tree Assessment (0.26-0.50 acre parcel) = $ __________/parcel Category 4 Tree Assessment (0.51-0.75 acre parcel) = $ __________/parcel Category 4 Tree Assessment (0.76-1.00 acre parcel) = $ __________/parcel Category 4 Tree Assessment (1.01-2.50 acre parcel) = $ __________/parcel Category 4 Tree Assessment (2.51-5.00 acre parcel) = $ __________/parcel Category 4 Tree Assessment (5.00+ acre parcel) = $ __________/parcel The Town of Paradise zoning map public interface for research into various parcel sizes can be found here:
https://www.townofparadisemapping.com/
If expenses are allowed, specify what is reasonable and/or reimbursable AND always state that expenses (unless per diem) must be preapproved and accompanied by receipts. There should be a cap to the expenses.

If “materials” are required, specify what they will (or might be) and some approximation not to exceed amount. Unless the materials are provisions of the “house” of the contractor, they will require receipts to be presented with invoice stipulating their charge.

State any circumstances under which no payment will be made.

State if payments are contingent on specific delineation on the invoice(s) such as coding or regulatory designated description.

Recommend that rates be laid out in table format if possible for clarity and ease of processing payments.

State specifically that payments stipulated are the Contractor’s only compensation.

Duties and obligations of the TOWN:

TOWN’s obligations may be:
o Town reserves the right to award more than one contract, if desired. 495
o Make any relevant notification promptly
o Provide data promptly
o Provide schedules or set up meetings or respond to presentation of information promptly o Pay upon provision as herein stipulated and after presentation of appropriate receipts and/or invoice. o If possible avoid stipulating payment within specific period. If absolutely necessary state no less than 30 days and 60 days is not atypical.
o Town does not pay interest or penalties.
496
497
498
Town of Paradise
Council Agenda Summary
Date: June 14, 2022
Agenda Item: 6(c)
ORIGINATED BY: Marc Mattox, Public Works Director
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Paradise Sewer Project – Draft SRPAC Principles of Agreement

LONG TERM
RECOVERY PLAN:

Yes, Tier 1 “Sewer”
COUNCIL ACTION REQUESTED:
a) Discuss and consider approving the Principals of Agreement between the Town of Paradise and City of Chico developed by the Sewer Regionalization Project Advisory Committee. The Inter-Municipal Agreement between the Town and City will utilize the approved Principals of Agreement.

Background:

On Monday, March 21, the Sewer Regionalization Project Advisory Committee (SRPAC) approved the first draft of the Principles of Agreement, which could guide a future agreement between the City of Chico and Town of Paradise for wastewater treatment services.

Prior to the Camp Fire, the Town of Paradise was one of the largest communities without a formal wastewater treatment system, meaning each parcel is required to maintain onsite septic tanks and leach fields. While studied since before the Town incorporated in 1979, the need for a sewer system in Paradise has never been greater in response to the Camp Fire. If constructed, a collection system and export pipeline to the existing Water Pollution Control Plant owned and maintained by the City of Chico, the Paradise Sewer Project would improve groundwater quality and enable increased development of affordable housing within the Town of Paradise while supporting the regional recovery.

The SRPAC, comprised of Mayor Coolidge and Vice Mayor Reynolds of the City of Chico and Mayor Crowder and Councilmember Jones of the Town of Paradise, serves to:
(1) Monitor progress of the Paradise Sewer Project, including the Project’s Environmental Impact Report (EIR), and efforts being done under the Town and City’s Cooperative Work Agreement,
(2) Develop the Principles of Agreement for an inter-municipal agreement between the Town and City, and make a recommendation on those Principles to the two Councils if applicable, and
(3) Guide public participation in the EIR process, which will happen separately, but in parallel with the Committee’s work.

The Principles of Agreement outline key parameters of a potential agreement such as ensuring that ratepayers for Chico are not financially responsible for any aspect of Paradise’s treatment needs, in addition to a potential connection payment from the Town of Paradise to the City of 499
Chico, currently estimated at $14.9 million, to support the existing plant and capacity related needs.

The Principles of Agreement also set forth a requirement that the Paradise Sewer Project only serves properties within the Town of Paradise Town Limits.

The Principles of Agreement created by the SRPAC were approved as Draft, without comments by both Paradise Town Council (April 2022) and Chico City Council (May 2022) and received no public comments in the 30-day public noticing period.

Analysis:

The SRPAC has requested a formal 30-day public comment period of the draft Principles of Agreement before further revisions are considered and ultimately used to create a contract between the communities if the project were to move forward. This 30-day review period began on Friday March 25th and concluded on Monday April 25th. During this time, the draft was available on each community’s website as well as the project specific website at www.paradisesewer.com. Physical copies of the Principles of Agreement were also available for review at the City and Town Clerk’s Offices, respectively. Public Comments for the Principles of Agreement were encouraged to be submitted through the project website at https://paradisesewer.com/contact/ using the online form, and were also available to be submitted via email to [email protected]. No public comments were received during the 30-day public comment period. No additional comments were received about the draft Principles of Agreement after the comment period.

An additional component of the 30-day public comment period was placement of the draft Principles of Agreement on the Council agenda for both the City and Town. The Paradise Town Council recommended approval of the Draft Principles of Agreement on April 12, with no public comment and no comments by Town Councilmembers. The Chico City Council recommended approval of the Draft Principles of Agreement on May 17th, with no public comment and no comments by City Councilmembers.

Opportunities provided for participation and comments are listed below:

March 25 Start of 30-day Public Comment Period
April 12 Town of Paradise Council Meeting (Approved Draft) April 19 City of Chico Council Meeting (Approved Draft) April 25 End of 30-day Public Comment Period (No comments) June 7 City of Chico Council Meeting (Consider Final)
June 14 Town of Paradise Meeting (Consider Final)
Separately, the Paradise Sewer Project’s Draft Environmental Impact Report is anticipated to be released in summer 2022 and will have its own public comment and review period prior to consideration of a Final Environmental Impact Report in late 2022.

Financial Impact:

There are no financial impacts associated with this specific action requested. As previously discussed, in the framework of a potential connection payment would require $14.9 million to be paid from the Town of Paradise to the City of Chico for the purposes of accommodating the Paradise Sewer Project’s wastewater treatment needs.

Attachments:

A. Principles of Agreement
B. Project Fact Sheet
500
Since its incorporation in 1979, the Town of Paradise has sought a wastewater treatment solution, with a focus primarily on commercial and densely-populated residential areas — the portions of Paradise most vulnerable to groundwater degradation and economic stagnation due to sewer limitations.

In 2020, the Town contracted with HDR, an engineering consulting firm, to prepare an updated assessment of project options. The assessment compared two alternatives for local wastewater treatment and discharge with a regional alternative involving piping wastewater to the Chico Water Pollution Control Plant (WPCP). The regional alternative was recommended because it had the lowest cost, community impacts, probable environmental impacts as well as the simplest operations and most support from the Central Valley Regional Water Quality Control Board. The Town is now moving forward with preparation of a full Environmental Impact Report (EIR) to provide further information on sewer project alternatives.

PROJECT OVERVIEW

PROJECT SCHEDULE
$2M
EIR
$30M
Design and Right-of-Way
$152M
Construction
The proposed project is currently
estimated to cost approximately
$184 million.
2020 2021-2022 2022-2024 2024-2026
Alternatives
Development
Environmental Studies,
Draft & Final EIR
Final Design
& and ROW
Permitting
& Approvals
EIR Construction
Scoping
Ongoing Public Outreach
STAY UPDATED!
PARADISESEWER.COM [email protected] 530-872-6291
EXT. 112

TOWN OF PARADISE

SEWER PROJECT
FACT SHEET MARCH 2022
501

ECONOMIC BENEFITS

OF THE PARADISE SEWER PROJECT

REBUILDING PARADISE
PARADISESEWER.COM [email protected] 530-872-6291 EXT. 112

PROVIDE MUCH NEEDED HOUSING
Workforce
housing needs
Sewer infrastructure
supports quick rebuild
▪ 95% of residents
work for local
employers
▪ 10% of the region’s
construction
workforce was
housed in Paradise
▪ Increases
affordable
housing
▪ Greater
economic return
for developers

ADDITIONAL BENEFITS
Less strain on Chico’s housing
market, Greenline, transportation
infrastructure, and other systems
Regional partnerships
and opportunities for
additional funding

IMPROVE HEALTH & THE ENVIRONMENT
Regulations
mitigate risk
Sewer Infrastructure
protects resources
▪ Strict regulations govern the discharge of treated wastewater, especially in communities impacted by failing septic systems development potential
▪ Provides cleaner
disposal of
wastewater
▪ Improves
groundwater
quality
▪ Decreases health
impact on
communities

INCREASE PROPERTY VALUES & BUSINESS PROFITABILITY
Septic systems
decrease value
Sewer infrastructure
supports growth
▪ Smaller, older residential lots on
septic systems have a lower value,
lack development potential
▪ Businesses on septic
systems have higher
operational costs
▪ Raises the
value of land
in the SSA
▪ Lowers the start-up costs
for high-water-usage
businesses like restaurants
▪ Provides reliable
wastewater
disposal
COST
VALUE
VALUE
COST
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FINAL
FINAL Principles of Agreement
(version 8, 3-May-2022)
Introduction and Background
Through its work on the Paradise Sewer Project (Project), the Town of Paradise (Town) has identified a connection to the Chico Water Pollution Control Plant (WPCP) as its preferred alternative for wastewater treatment and disposal, and has approached the City of Chico (City) to explore the feasibility of such a connection. The Councils of the Town of Paradise and City of Chico have formed a Sewer Regionalization Project Advisory Committee (Committee) as a mechanism for exploring this proposal. The Central Valley Regional Water Quality Control Board (Regional Board) has agreed to facilitate the activities of the Committee.

Membership on the Committee is limited to elected officials from the Town and City, as those two parties are signatories to the Cooperative Funding Agreement (CFA) and will be signatories to a future inter-municipal agreement (IMA). The Town and City have both designated their Mayors and Vice Mayors as their Committee members.

The Committee will develop an agreed-upon list of basic principles for an IMA, which will be captured in this document, the Principles of Agreement (POA). It is anticipated that a draft POA will be developed by the Committee, which will then be brought to the Town Council and City Council for review and approval. The final POA would then be turned over to legal counsel from the Town and City to draft into an IMA for consideration by the Town Council and City Council.

City of Chico Municipal Code
The City of Chico has a provision in its municipal code Section 15.40.285—Regulation of Waste Received from Other Jurisdictions that specifically addresses handling wastewater from outside the city’s sanitary sewer system. That code section is presented in its entirety at the end of this document.

Principles of Agreement
The Principles of Agreement are divided into 17 subject areas, as listed below. (Other subject areas may be added over time.) The first eight items reflect the eight items specified in Section 15.40.285.

Over the course of its work, the Committee will develop specific agreed-upon statements (principles of agreement) for each of these items.

1. Sewer Use Ordinance: The Town will need to adopt a sewer use ordinance that parallels the City’s sewer use ordinance. The POA could contain a commitment from the Town to have an ordinance completed by a certain milestone.
o DRAFT: The Town will adopt a sewer use ordinance that parallels the City’s ordinance. The Town’s ordinance shall be adopted and in place 30 days prior to the commencement of discharge into the Project.

2. User Inventory: The Town will need to submit an annual inventory of entities discharging into the sewer system. The POA could contain a statement to that effect. o DRAFT: The Town will submit a quarterly inventory of entities discharging into its sewer system, classified by residential and commercial dischargers. This quarterly report will also contain an estimate of new connections estimated to occur over the upcoming 12 months, broken down by the same classifications. 503

FINAL
This inventory will reflect data from July 1 through June 30 of each year, and will be submitted by August 1 of each year.
o DRAFT: The Town will develop and administer a Sewer Application process, with two parts—a Town-reviewed portion for the collection system and a Cityreviewed portion for treatment. The treatment portion will follow the existing City sewer application. If the proposed discharge exceeds the thresholds established in the pretreatment program (see below), it will have to treat its discharge to a sufficient degree to meet the City’s pretreatment program requirements.

Businesses would face the same pretreatment requirements, whether they are in Paradise or Chico.
o DRAFT: The Town and the City agree to prohibit future connections to the export pipeline in the portion of the pipeline that sits outside of the Town limits or City limits.

3. Pretreatment: The City has an existing pretreatment program to monitor industrial/ commercial dischargers, which Town dischargers will need to meet. (The City has two employees conducting annual inspections of commercial/industrial dischargers.) The POA could contain a statement to that effect. In addition, the Town will need to decide whether to create and administer its own pretreatment program, or simply comply with the City’s pretreatment program. Ultimately, the Town and City will need to determine who implements the various pretreatment activities for Paradise dischargers. The POA could contain the basic definition of these divisions of responsibility.
o DRAFT: The Town will follow the City’s pretreatment program, including future changes; the Town will not develop a pretreatment program of its own. This includes the City’s Fats, Oils & Grease (FOG) program. Dischargers would follow the City’s pretreatment program application process, which includes setting monthly fees. Pretreatment program fees will be collected by the Town and conveyed to the City, similar to the process outlined in Item 10.

4. Pretreatment Data Access: The Town will need to provide the City with all information it obtains related to the pretreatment activities. The POA could contain a statement to that effect.
o DRAFT: The Town will provide the City with all information it obtains relative to meeting the City’s pretreatment program requirements.
o DRAFT: Paradise will contract with the City or hire and use qualified professionals (Industrial Waste Inspectors, testing, labs, etc.) to conduct its pretreatment activities. [Staff Input: This statement may no longer apply, given the decision made on Item 3—Pretreatment. Delete.]

5. Wastewater Limits: The agreement will need to define limits on the volume and quality of Paradise wastewater discharged to the Chico Water Pollution Control Plant (WPCP). This will likely be addressed by the City’s CFA efforts; the Committee would then review those 504

FINAL
results and draft POA language. Town and City staff are currently awaiting results from the City’s engineering consultant in order to draft suggested language for this item. o DRAFT: Associated with the treatment connection payment (described below), the Town of Paradise wastewater flow to the Chico WPCP will be limited to 0.464 million gallons per day (mgd) average dry weather flow (ADWF). ADWF will be calculated using criteria specified by the Central Valley Regional Water Quality Control Board in the Chico permit. It is anticipated that a majority of the wastewater discharges into the Paradise collection system will be of typical residential and commercial quality. However, all potential Town discharges will be subject to the Pretreatment requirements of this agreement, as specified in Section 3.

6. Wastewater Monitoring: The agreement will need to define how the volume and quality of Paradise wastewater will be monitored.
o DRAFT: The Termination Structure, to be constructed as part of the Paradise Sewer Project, will contain wastewater monitoring equipment (e.g., flow meter, composite sampler). Because the City has staff familiar with this type of equipment, and because it has its own wastewater laboratory for testing wastewater samples, the flow metering and monitoring equipment will be operated and maintained by City staff, and samples will be processed in the City lab. Consideration will also be given to having some level of monitoring equipment at the upper end of the export pipeline. A payment will be negotiated at the start of the contract and paid annually by the Town to the City to cover the costs associated with these efforts.

7. Access to Facilities: The City will need to be granted access to the Town’s wastewater facilities, including those within the Town’s boundaries. The POA could contain a statement to that effect.
o DRAFT: The Town will grant the City access to the Town’s wastewater facilities, including those within the Town’s boundaries for purposes of inspection, sampling, and other duties deemed necessary by the City. The City will give the Town sufficient notice to allow the Town to arrange safe access to the facilities.

The Town and City will look for efficient ways to jointly conduct inspections to minimize impacts to both entities’ staff.

8. Remedies for Breach of Agreement: Like all legal agreements, the IMA will need to address how the parties would handle any breach of the agreement. This item might need input from Town and City attorneys, in order to draft appropriate POA language. These remedies will vary by the various required items in this POA. o DRAFT: If disagreements exist between the Town and City attorneys regarding agreement language, those disagreements will be brought back to the Committee to attempt to resolve.
505

FINAL

9. Treatment Connection Payment. A number of items need to be addressed related to the treatment connection payment to be paid by the Town for connecting to the Chico WPCP.

These will likely be addressed by the City’s CFA efforts; the Committee would then review those results and draft POA language. Items include:
o How much should the initial connection payment be (e.g., for the initial Paradise flow or the ultimate flow)?
o If ongoing connection fees are to be collected for future connections, how much should they be (e.g., linked to the City of Chico’s current connection fee schedule)?
o How should they be collected and paid to the City of Chico (e.g., collected by the Town of Paradise on an ongoing basis and paid to the City of Chico quarterly)? o DRAFT: The goal is to obtain funding for the treatment connection payment in a similar manner to the remainder of the Paradise Sewer Project. The payment is currently estimated at $14.9 million (estimated as December 2026 dollars; as documented in “Regionalization Planning Report for the Paradise Sewer Project,” Carollo Engineers, March 2022), which the Town of Paradise would pay to the City of Chico to cover treatment capital costs associated with a wastewater flow from the Town of 0.464 mgd ADWF (see ADWF definition above). From six to 12 months before the date of connection, the estimated treatment connection payment will be recalculated using the methodology established in the Carollo study. This payment is assumed to be made at the time that initial Paradise flows are sent to the Chico WPCP, currently estimated to start on or about December 2026.

10. Monthly User Fees. A number of items need to be addressed related to the monthly fees to be paid by the Town for discharging to the Chico WPCP. (Note: The City does not currently break its monthly fees into treatment and collection system components.) Items include:
o How much should the monthly user fees charged to the Town be (e.g., linked to the treatment portion of the City of Chico’s current monthly user fees)?  Draft: Assuming that the City establishes a treatment portion of its monthly user fee, the Town users will pay that treatment monthly user fee to the City. Town users will also pay a collection system monthly user fee to the Town associated with the Town’s collection system and export pipeline O&M costs.
o How should they be collected and paid to the City of Chico?  Draft: The Town will collect the treatment monthly user fee from its users. The Town will submit the total treatment monthly user fee amount to the City on a [monthly/quarterly] basis. The Town will be responsible for collecting unpaid treatment monthly user fees from its users. 506

FINAL
o How should future rate updates be handled?
 Draft: As discussed above, the Town users will pay the treatment monthly user fee established in the City’s fee schedule, including any future increases made to those fees. The assumption is that the City and Town users will pay the same monthly treatment fee based on the established fee schedule. Future increases will follow the Prop 218 process, including public noticing.
o [There is potential for power generation as the wastewater moves from Paradise down off the Ridge to Chico. Need to address potential for sharing any electrical generation revenue.]
 DRAFT: It is generally not practical to generate electricity from raw wastewater flows, especially intermittent flows that we will see in the export pipeline. Therefore, this item will not be addressed in the POA. [leave this item in the POA, to allow others to see the discussion/conclusion]
o [There is potential for Chico to treat its wastewater for recycling. Need to address the potential for revenue sharing.]
 DRAFT: Because the City’s wastewater system operates as an “enterprise” fund, any income or cost resulting from water recycling will be incorporated into the City’s connection fees and monthly user fees. This item can be stated in the POA as an item not included. [leave this item in the POA, to allow others to see the discussion/conclusion] o [Include a requirement for producing an annual financial report.]  Draft: In general, wastewater costs and revenues will be captured in the annual budgets of both the Town and City. Also, the City will be provided the ability to audit the Town’s financial records related to the collection of monthly treatment fees. Therefore, no separate annual financial report is needed.

11. O&M of Facilities. The Town will construct the export pipeline and a termination structure at or near the Chico WPCP. The Town would own the export pipeline. The POA would need to address who is responsible for O&M and future repairs/replacements of the export pipeline and termination structure at the Chico WPCP.
o DRAFT: It is anticipated that the Town will own the entire export pipeline and will provide all operation and maintenance associated with it, with the exception of wastewater monitoring efforts, which are described in item 6 above. o [It may work best to develop a separate “O&M Agreement” to cover all of the various items related to operating costs.]
507

FINAL
 Draft: The City and Town intend to develop an inter-municipal agreement based on these Principals of Agreement. In the future, if O&M items arise and warrant it, the two parties may wish to develop an O&M Agreement.

For example, one item that might arise is that the Town might wish to contract with the City to provide some O&M services on the export pipeline, given that the City has on-staff expertise in this area.

12. Term and Termination of the Agreement. [Need to develop the term and termination of the agreement. The term of the agreement should match any financing requirements and/or the lifespan of the infrastructure. Also need to address how to handle disaster scenarios.

This item might need input from Town and City attorneys, in order to draft appropriate POA language.]

13. “Revisit” Clause. [Need to develop a statement that allows for an evolution of the roles and responsibilities established in this document. For example, in the future, if the Town grows to a size that it makes sense for it to create and run its own pretreatment program, the document should allow for that to happen. This item will need input from Town and City attorneys.]
[ADDITIONAL ITEMS 14, 15, and 16 came from “Crafting Interlocal Water and Wastewater Agreements,” UNC Environmental Finance Center, 2019. Text in quotes is taken from that document]

14. Service Area Boundary. “When two or more service providers agree to buy or sell water services to one another, it is extremely important to remove as much ambiguity as possible about current and future service areas.” Identify the service area boundary as the Town of Paradise town limits. The Sphere of Influence and Town/City limits may change… o Draft: This item relates to the potential for the two entities to have adjacent or overlapping service area boundaries. The Town of Paradise and the City of Chico will not overlap with respect to providing wastewater services. In the future, spheres of influence could overlap (although this is extremely unlikely). If that situation arises, it should be addressed at that time. [Ask the attorneys for their input, including if language should be included on this subject in the intermunicipal agreement.]

15. Notice Requirements for Fee Changes. “The contract should also include language to cover notice requirements or any other processes related to when and how rates will be changed. If there will be a process for modifying rates in the future, the parties should contemplate what shall constitute reasons to justify modification.” o Draft: In California, formal notification to citizens regarding fee increases is covered by Prop 218. If the City is considering a fee update, City staff will inform the Town Council of an upcoming fee adjustment process. 508

FINAL

16. Excessive Inflow and Infiltration. “Inflow and infiltration (I&I) can be a big problem for wastewater interlocal agreements. If possible, partners should consider how to contract in language that will address how I&I should be handled.”
o Draft: Because the Town’s collection system and export pipeline will be entirely new, the initial amount of I&I should be very low. Over time, it is possible I&I will increase. The Town of Paradise will monitor its wet weather flows each year and assess the level of I&I it is experiencing. If excessive I&I is seen, the Town will complete such corrective measures to eliminate excessive I&I as are reasonably demonstrated to be cost effective by studies conducted and funded by the Town. [Perhaps move this item up to Section 11--O&M of Facilities]

17. Resolving Conflicts or Disagreements. [“Regardless of how carefully an interlocal agreement may be contracted, there can still be conflict or disagreement, particularly when unanticipated needs or challenges arise. Parties to an agreement should anticipate the need to potentially negotiate at some point during the life of the agreement, and should build in language that lays out what process should be used.” This item will need input from Town and City attorneys.]
o [Note from Staff: The City of Folsom/SRCSD contract has extensive sample language for this item, which the attorneys can use if they wish to.] 509

FINAL
City of Chico, Code Section 15.40.285
The City of Chico has a provision in its municipal code, Section 15.40.285—Regulation of Waste Received from Other Jurisdictions, that specifically addresses handling wastewater from outside the city’s sanitary sewer system. Here is the code section in its entirety:

15.40.285 Regulation of Waste Received from Other Jurisdictions If another municipality or user located within another municipality contributes wastewater to the city’s sanitary sewer system, the director shall enter into an inter-municipal agreement with the contributing municipality. Prior to entering into an agreement, the director shall request the following information from the contributing municipality:

1. A description of the quality and volume of wastewater discharged to the city’s sanitary sewer system by the contributing municipality;

2. An inventory of all users located within the contributing municipality that are discharging to the city’s sanitary sewer system; and

3. Such other information as the director may deem necessary.

An inter-municipal agreement shall contain the following conditions:

1. A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this ordinance and local limits, including required baseline monitoring reports which are at least as stringent as those set out in section 15.40.024. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city’s ordinance or local limits;

2. A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

3. A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the director; and which of these activities will be conducted jointly by the contributing municipality and the director;

4. A requirement for the contributing municipality to provide the director with access to all information that the contributing municipality obtains as part of its pretreatment activities;

5. Limits on the nature, quality, and volume of the contributing municipality’s wastewater at the point where it discharges to the city’s sanitary sewer system;

6. Requirements for monitoring the contributing municipality’s discharge;

7. A provision ensuring the director access to the facilities of the users located within the contributing municipality’s jurisdictional boundaries for the purpose of inspection, sampling, and other duties deemed necessary by the director; and

8. A provision specifying the remedies available for breach of the terms of the inter-municipal agreement.
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1 Town of Paradise
Council Agenda Summary
Date: June 14, 2022
Agenda Item: 6(d)
ORIGINATED BY: Marc Mattox, Public Works Director/Town Engineer REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: 2022 Storm Drain Master Plan

LONG TERM RECOVERY
PLAN:

Yes, Tier 1 – Multiple
Council Action Requested:

Consider approving the 2022 Storm Drain Master Plan prepared by Wood Rodgers, including deliverables of the Town-wide Master Drainage Study, field evaluation and monitoring of storm drain systems and drainageways, Flood Risk Modeling, field condition assessment, data computation, project prioritization criteria, updating and expanding flood risk modeling for 10 and 100-year storm events(Special Permit Zones), the evaluation of drainage system condition and capacity deficiencies, and a prioritized project list and costs. (ROLL CALL VOTE) Background:

Funded by a FEMA Hazard Mitigation Grant Program (HMGP) unit grant, the Town of Paradise (Town) has developed the 2022 Storm Drain Master Plan (SDMP).

Underway since 2020, the Storm Drain Master Plan is a comprehensive effort to evaluate storm drain needs within the Town and develop recommendations to support recovery following the 2018 Camp Fire. The SDMP includes extensive modeling and replaces the 1980 Master Storm Drain Study and Facilities Plan (MSDFP). The SDMP will be utilized by Town staff, residents, and commercial businesses to evaluate, plan, and install required storm drain replacements, perform storm drain studies, and evaluate the flood risk of flooding for each property.

The comprehensive SDMP is comprised of the analysis, results, tools, projects, and reports developed through the HMGP grant, that will be used to guide the Town’s recovery related to storm drain runoff and storm drain infrastructure upgrades. The SDMP recommends storm drain improvement projects and strategies consistent with the Town of Paradise Long Term Community Recovery Plan (LTCRP) and those recommendations will be incorporated into the ongoing LTCRP update.
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2 Analysis:

The 2022 Storm Drain Master Plan (SDMP) is a replacement of the Town’s 1980 Master Storm Drainage Study and Facilities Plan (MSDFP) including updated post fire modelling and analysis, project recommendations, and includes the following components:

1. Drainage System Base Map

2. Condition Assessment

3. Existing Deficiency Identification & Remedies

4. Future Development Considerations

5. Capital Improvement Plan (list of projects) and cost estimates

6. 2022 SDMP comprehensive Document including figures, exhibits, charts, reference data, modelling scenarios and a full GIS database to be used by the Town for modelling updates, to provide site specific outputs and flood risk data evaluation, and a user interface for review of the SDMP model and its inputs.

Data Collection & Review:

The Storm Drain Master Plan (SDMP) evaluated the condition of the Town’s storm drain pipesthat compose the Town’s drainage system, including culverts, box culverts, drainage channels and other storm drain features, disposition of each parcel (structure or no structure). This evaluation was done based on updated field evaluations and:

1. LiDAR Topographic Data (USGS Wildfires_CampFire_2018)

2. Aerial Imagery

3. USDA NRCS SCS Soil Data (Including Hydrologic Soil Group and Saturated Hydraulic Conductivity)

4. National Land Cover Database (NLCD) ground cover and imperviousness

5. Building footprints (pre-fire) from
https://github.com/Microsoft/USBuildingFootprints

6. Master Storm Drainage Study and Facilities Plan

7. NOAA Atlas 14 Precipitation Frequency Data

8. Stormwater Post-Construction Standards Plan

9. Local Ordinances

10. Storm Drainage System Mapping (GIS, CAD)

11. Record Drawings

12. Land Development Project Drainage Studies

13. Annual Maintenance and Costs
As the last stormwater analysis was completed in 1979 (1980 MSDFP), the Town did not have a comprehensive account of the physical condition of the underground storm drain pipe and storm drain inlets and drainage structures. Updated information was needed to make informed strategic decisions to effectively reduce flooding risks and protect public safety, property, and infrastructure, and to plan for rebuilding based on post fire site disposition.
512
3 The effects of the Camp Fire on the stormwater drainage of the entire Town were previously not accounted for in a comprehensive drainage model. The impact of postFire runoff due to increased erosion on the performance of nearly 1,000 drainage inlets needed to be studied, including re-development based on zoning in each of the parcels that contributes to the local drainage ways. An evaluation of the existing system coupled with a hydraulic and hydrology analysis of runoff impacts post fire was performed.

Field Investigation:

Field evaluation and modeling effort was conducted for use in developing the 2022 SDMP which accounts for the impacts of the Camp Fire and will help to alleviate risks of flooding and erosion in future events by identifying deficiencies, projects to improve drainage, and guidelines for future drainage studies as the Town is rebuilt. These deficiencies were included in the field investigation for use in modelling and developing this list.

The primary objective was to provide a in person examination of the storm drain deficiencies and flood risks within the Town limits to develop actions necessary to accomplish appropriate levels of service for storm drain systems as to appropriately manage flood risks. This included:
 Conversion of CAD-based storm drain maps to geographic information systems (GIS) data
 Collection of field data to build an existing conditions model of the storm drainage network
 Hydraulic models for the major drainage ways
 Assessment of the performance of existing storm drainage systems  Identification of capital improvements to reduce flood risk  Prioritization of capital improvements for risk reduction and cost benefit  Establishment of a prioritized project improvement list for the storm drainage system Condition Assessment:

Storm Drain condition identification: The Town identified the areas of known storm drain issues or ponding within the Town’s drainage system, for further field study and investigation.

1. Field condition assessment:
a. Visual inspection of identified storm drain problem areas (as reported by the Town or other sources)
b. Data computation: Updated and additional flood risk modeling for 10- and 100-year storm events
c. Conducted evaluation of drainage system condition and capacity deficiencies d. Evaluation of drainage system condition and capacity deficiencies including identifying additional measures to be taken, such as the following:
i. Improvements to water flow hydraulics and to minimize erosion and scour.
513
4 ii. Identification of a debris barrier to prevent debris blockage. iii. Installation of a debris barrier riser to allow debris to float up with the rising floodwaters without blocking water flow.

The Condition Assessment was utilized in development of issue ranking and prioritization criteria and the creation of the SDMP report to determine most beneficial actions to implement.

Drainage System Map:

The 2022 SDMP includes a Town wide comprehensive Drainage System Map and watershed areas, locations, sizes and slopes of all storm drain pipes inventoried, and a corresponding GIS database for use in modelling proposed storm drain improvements, rebuilds, and to obtain and output model data, including flood risk data evaluation, site parameters (slope, imperviousness, drainage run on, waterbody the site drains to, adjacent storm drain infrastructure) and a GIS user interface, which can be updated as the Town is rebuilt. This information is used to develop Hydraulic Modeling (Existing and proposed):
 Hydrologic and Hydraulic modeling analysis (to include post-wildfire erosion and runoff considerations) for 10- and 100-year storm events.  Evaluation of codes or standards that should be established for the stormwater drainage system (e.g., 5, 10, 25, 50, 100-year flood event).  Field condition assessment of the Town’s existing storm drain infrastructure.  A representative evaluation of the Town’s Stormwater Drainage Infrastructure to determine areas of needed improvements and prioritized.  Development of issue ranking and project prioritization criteria to inform the Town how best to allocate resources to the greatest effect and the most needed system improvements.

Identification of Existing Deficiencies and Remedies:

The SDMP performed a master drainage study for the Town utilizing the following methods: comprehensive analysis of applicable hydrologic models, field condition assessment, data computation, development of issue ranking and project prioritization criteria, updating and expanding flood risk modeling for 10 and 100-year storm events, and the evaluation of drainage system condition and capacity deficiencies. Such modeling was used to support a more rigorous, risk-based approach to identifying and developing mitigation projects that are customized to the current needs of the Town.

This SDMP effort established a project improvement list aimed at reducing the risk of flooding within the Town. The assessment identified storm drain system improvement projects to prolong the life of existing infrastructure and provide a 10-year (10% annual exceedance) storm capacity throughout the Town, and 100-year (1% annual exceedance) storm capacity at facilities identified as critical in the event of emergency. 514
5 The flood risk modeling for high-frequency storms is particularly important to the Town as it recovers from the fires and begins to update and re-evaluate its flood mitigation strategies after the Fire. The Town is subject to localized flooding predominately related to stormwater. The entire Town is located outside both the 1% and 0.2% annual chance flood zone as defined by the Federal Emergency Management Agency, but experiences flooding that has been identified in the 1980 MSDFP as “Special Permit Zones (SPZs).” The limits of the SPZs were revised based on the modelling performed within the SDMP, including carrying forward the previously flagged “Flood Prone Structures” for further evaluation upon development or re-development.

Based on SDMP study and list of projects that can mitigate existing storm drain capacity issues, the Town of Paradise will develop mitigation strategies and projects based on the findings on storm drain systems condition and capacity deficiencies. The Town will development a maintenance plan to executed successfully and the plan will bring longterm benefits to the community.

Environmental Analysis:

The Town of Paradise 2022 Storm Drain Master Plan is considered exempt from CEQA pursuant to Public Resources Code 21080(b)(3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code. Projects identified in the Storm Drain Master Plan will be evaluated for CEQA requirements on a project-by-project basis as the projects are identified, funded and planned for implementation.

Financial Impact:

Various financial impacts are associated with the recommended actions. Staff will continue to seek grant funding to assist with capital project development and improvements. 515
1 Town of Paradise
Council Agenda Attachment
Date: June 14, 2022
Agenda Item: 6(d)
The Storm Drain Master Plan may be viewed by visiting the link copied below:
https://bit.ly/3trfPEB
A physical printed copy is also available for public viewing at Town Hall, Clerk’s Office at 5555 Skyway, Paradise.
516

Town of Paradise
Council Agenda Summary
Date: June 14, 2022
Agenda Item: 6(e)
ORIGINATED BY: Marc Mattox, Public Works Director
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Stearns Rd Dry Creek Culvert Emergency

LONG TERM
RECOVERY PLAN:

N/A
COUNCIL ACTION REQUESTED:
a) Consider adopting the attached Resolution No. 2022- ___, “A Resolution of the Town Council of the Town of Paradise Declaring An Emergency And Authorizing Repair or Replacement of The Stearns Road 72” Culvert Without Observance Of Public Bidding Requirements”; and
b) Authorize the Town Manager to execute agreements for a contractor and/or materials for the subject project. (ROLL CALL VOTE)
Background:

During the course of normal work, the Public Works Department discovered a pothole along Stearns Road in the vicinity of the Dry Creek drainage. Upon further inspection, the pothole was in fact a void in the roadway caused by erosion associated with a failed culvert. The culvert in question is approximately 72” in diameter and is of corrugated metal pipe material. The pipe itself has rusted significantly, exposing bare earth along the flowline. This degradation altered the flow of water and began undermining the roadway surface until the void was discovered. As a result of this condition, Public Works immediately put in place a roadway closure to ensure regular or emergency traffic does not drive over the comprised roadway, causing further failure and/or injury.

A location map and photos of the existing conditions are attached to this Agenda Summary.

Analysis:

Staff is recommending Council declare an emergency to repair or replace culvert and make repairs to the roadway. This declaration is critical to shorten the amount of time whereas an emergency evacuation route is unavailable as the Town enters the 2022 fire season. Repairing and restoring the existing roadway is necessary to potentially protect life and property should an emergency occur, or an evacuation be required. Using this action, staff can forgo the formal design, competitive bidding, and construction process which would take more than five months. 517
Financial Impact:

The cost of the repairs and replacements is to be determined. Staff will be working with various engineers and contractors in advance of the Council meeting and will provide more information on expected costs during this agenda item consideration.

Environmental Review:

The project is exempt under State CEQA Guidelines [15269(b)(c)], which states:
15269. EMERGENCY PROJECTS The following emergency projects are exempt from the requirements of CEQA.

The following emergency projects are exempt from the requirements of CEQA. (b) Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. (c) Specific actions necessary to prevent or mitigate an emergency. This does not include longterm projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term, but this exclusion does not apply (i) if the anticipated period of time to conduct an environmental review of such a long-term project would create a risk to public health, safety or welfare, or (ii) if activities (such as fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility.
518
Figure 1 - Stearns Road Void Caused by Erosion Upon Discovery Damage
Location
519
Figure 2 - Stearns Road Void Existing Condition (Logs for Closure) 520
Figure 3 - Rusted Flowline Causing Erosive Void
521

TOWN OF PARADISE
RESOLUTION NO. 2022-___

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE

DECLARING AN EMERGENCY AND AUTHORIZING REPAIR OR
REPLACEMENT OF THE STEARNS ROAD 72” CULVERT WITHOUT OBSERVANCE OF PUBLIC BIDDING REQUIREMENTS.

WHEREAS, recent aging and degradation of a Dry Creek 72” culvert pipe crossing Stearns Road has caused structural failures to the roadway; and,
WHEREAS, as the Town enters the 2022 fire season, this damage has caused Stearns Road to be closed at this location due to the potential for roadway collapse from normal or emergency evacuation traffic; and,
WHEREAS, based on the staff report attached hereto, the damage to the culvert and roadway must be replaced, or mitigated immediately to prevent a lapse in emergency evacuation capacity to the general public; and,
WHEREAS, to protect the health and safety of the public, the Town must take swift action to immediately replace the Stearns Road culvert and make roadway repairs accordingly.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE as follows:

Section 1. The above statements are true and correct.

Section 2. The above facts constitute an emergency situation.

Section 3. Based upon California Public Contract Code sections 20168 and 22050 and the above facts, the Council finds that competitive solicitation for material bids to replace the culvert would result in delaying the reopening of the roadway. Any delays further increase the potential for Stearns Road to be needed during an emergency evacuation while it is indefinitely closed.

Section 4. The Town Manager is authorized to execute contracts, make purchases with contractors and suppliers to replace the culvert in accordance with the Town’s guidelines and to take whatever actions are necessary to implement this resolution.

Section 3. The Stearns Road Culvert Repair Project is exempt from the provisions of the California Environmental Quality Act pursuant to State CEQA Guidelines [15269(b)(c)] Emergency Projects.

PASSED AND ADOPTED by the Paradise Town Council of the Town of Paradise, County of Butte, State of California, on this 14th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

NOT VOTING:
_______________________________
STEVE CROWDER, Mayor
522
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ DINA VOLENSKI, Acting Town Clerk SCOTT HUBER, Town Attorney 523

Town of Paradise
Council Agenda Summary
Date: June 14, 2022
Agenda Item: 6(f)
ORIGINATED BY: Jessica Erdahl, Sr. Capital Projects Manager REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Award Construction Contract – On-System Roadway Rehabilitation – Skyway (Phase 1)

LONG TERM
RECOVERY PLAN:

Yes, Tier 1, Evacuation Routes
COUNCIL ACTION REQUESTED:

1. Consider adopting Resolution No. 2022- , “A resolution of the Town Council of the Town of Paradise Awarding Contract No. 7303.21.CON, On-System Roadway Rehabilitation –Skyway (Phase 1) to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid plus additive bid #1.

2. Authorize the Town Manager to execute an agreement with Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid plus additive bid #1 relating to Contract No. 7303.1.CON and to approve contingency expenditures not exceeding 10%. (ROLL CALL VOTE)
Background:

Due to the ongoing recovery effort and debris removal operations within the Town and Butte County, the Town’s on-system roadway infrastructure sustained heavy damage in the wake of the Camp Fire. The pavement structural sections were damaged in two ways:

1. Pavement Scarring due to Car Fires – On the day of the Camp Fire, several motorists were required to abandon their vehicles and continue evacuating on foot. The subsequent car fires damaged the pavement, justifying the need for repair.

2. Pavement Structural Section Damage due to Heavy Truck Traffic – Following the Camp Fire, the Town has experienced a staggering level of truck traffic. During the CALOES Debris Removal effort, over 3.7 million tons of material was removed, equivalent to approximately 300,000 truckloads. During that same period, PG&E, Comcast, and AT&T have restored the distribution infrastructure. PG&E has already removed over 92,000 trees, and an additional 100,000 trees are estimated for removal in 2020. The volume of trucks using the Town’s on-system roads has resulted in damage to the pavement structural section, justifying the need for rehabilitation.

The Town coordinated with Caltrans and Federal Highways Administration (FHWA) to secure Emergency Relief permanent restoration funding to repair damaged on-system roads town wide.

Through the Emergency Relief Program, the Town of Paradise has been approved for $55,439,200 for the on-system road rehabilitation project. The approved project is located on Federal-Aid “On-System” roads – meaning the Town’s primary collectors and arterials such as Skyway, Clark, Pearson, Elliott, Bille, Wagstaff, and Pentz Roads, etc.

On November 10, 2020, Paradise Town Council awarded master on-call contracts to Mark Thomas, Dokken Engineering, GHD, Inc., Wood Rodgers, Inc. and Dewberry Drake Haglan to 524
perform on-call professional civil engineering services for a variety of local, state, and federally funded projects. Subsequently, in January 2021, task orders were issued to Mark Thomas, Dokken Engineering, and Wood Rodgers, Inc. to perform civil design services on the on-system road rehabilitation project. The overall scope of work for the Project can be summarized as follows:
 Repair Camp Fire damaged on-system roads to achieve a pre-fire condition.

Road rehabilitation projects will be identified based on utility undergrounding completion. As segments of utilities are nearing completion, the Town of Paradise will identify and bid specific segments of roadways as individual projects. The goal of this approach is to maximize efficiency, partnership and remain good stewards of precious public funds and community impacts by reducing excavations into recently rehabilitated roadways.

On March 8, 2022 Paradise Town Council adopted a resolution approving the Plans & Specifications for the On-System Roadway Rehabilitation project. Council further directed staff to advertise for bids on the Phase 1 Project – Skway: Crossroads to north of Center Street.

A vicinity map of the Skyway (Phase 1) project limits is provided in this Agenda Summary.

Analysis:

On May 25, 2022, 4 bids were received by the Town Clerk and publicly opened. A list of bids received are shown in the table below:

Bid No. Bidder's Name Base Bid $ Additive #1 Base + Additive #1 1 Baldwin Contracting Company,
Inc. dba Knife River Construction $4,906,864.78 $163,000.00 $5,069,864.78 2 All-American Construction, Inc. $5,345,245.60 $175,000.00 $5,520,245.60 3 A&E Construction $5,469,426.00 $155,000.00 $5,624,426.00 4 Teichert Construction $6,157,083.00 $171,500.00 $6,328,583.00 X Engineer’s Estimate $6,790,000.00 N/A N/A
Per the contract specifications, the award of the contract, if it be awarded, will be to the lowest responsible, responsive bidder based upon the base bid and any additive bid items chosen by the Town, whose bid complies with all the requirements prescribed.

Staff is recommending award of Contract No.7303.1, On-System Roadway Rehabilitation – Skyway (Phase 1) to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid plus additive bid #1, $5,069,864.78. Additive Bid #1 shifts all contract work to night work between the hours of 7pm and 7am in consideration of cumulative construction activities in Paradise and fire season concerns relating to temporary traffic controls along a major corridor.

With this award recommendation, a few contextual notes must be documented:
 The project limits were identified first due to the fact that the undergrounding was largely complete pre-fire, with remaining section finishing just before the project commences.  Paradise Irrigation District has committed to installing as many replacement water service lines as possible in advance of construction by the Town, however, future cut-ins are only planned as rebuild activity takes place. Water service main replacements have been confirmed as not necessary.
 The Town of Paradise is working concurrently to advance the Paradise Sewer Project. If 525
the project does advance forward beyond environmental review, the project could begin construction as early as 2024. This project would include major construction trenching for mainlines and service laterals. However, road rehabilitation following sewer installation would be planned to restore the overall roadway surface to back to preconstruction conditions as much as feasible through proper trench restoration and follow-up road treatment options such as overlay or road sealing. Staff recommends proceeding with the Skyway paving work to ensure progress is made in the Camp Fire recovery relating to roadways. Federal funds for recovery contain strict delivery requirements. It is prudent to proceed with this project due to the fact that the Sewer Project is not a certainty at this time and may take longer to commence construction, if actually approved. The alternative of waiting until after the sewer is installed could jeopardize roadway recovery funding for a project which may not occur. As 2023 paving projects are developed, the Sewer Service Area could be avoided further should the project advance beyond the Environmental Impact Report.

Financial Impact:

FHWA Emergency Relief funds have been authorized as Advance Construction (AC) for the construction and construction engineering phases. Advance Construction is a project authorization technique that allows FHWA to authorize a project phase without obligating Federal funds. Projects authorized under Advance Construction procedures will not receive federal reimbursement until Federal funds become available and are obligated on a subsequent sequence. Further, utility adjustments are a non-participating cost to be reimbursed per executed utility agreements with Paradise Irrigation District and AT&T. The Town will use local funds to perform the construction and construction engineering phases for future federal and utility reimbursement. Emergency Relief AC funding is typically obligated as federal funds within 6 months following federal authorization to proceed.

The total estimated construction and construction engineering cost for the project is $5,519,864.78.

On-System Roadway Rehabilitation Project – Skyway
Funding Summary
Contract Items
Total
Estimated Cost
Total
Participating
Cost
Emergency
Relief (AC)

75.25 %
Local Match

24.75%
NonParticipating
(Utility
Adjustments)
Base Bid + Additive Bid #1 $ 5,069,864.78 $ 4,911,351.86 $ 3,695,792.27 $ 1,215,559.59 $ 158,512.92 Construction Management $ 450,000.00 $ 450,000.00 $ 338,625.00 $ 111,375.00 $ - Total $ 5,519,864.78 $ 5,361,351.86 $ 4,034,417.27 $ 1,326,934.59 $ 158,512.92 Total Available Funding $ 52,934,200.00 $ 51,935,200.00 $39,081,238.00 $ 12,853,962.00 $ 999,000.00 Balance $ 47,414,335.22
$
46,573,848.14 $35,046,820.73 $ 11,527,027.41 $ 840,487.08 Required matching funds, $1,326,934.59 (24.75%), are anticipated to be awarded through the Community Development Block Grant-Disaster Recovery (CDBG-DR) fund allocation process.

However, if CDBG-DR funds are not ultimately realized, the Town will be required to fund the local matching portion of the project costs through other sources, such as future reserves.

Attachments:

A. Draft Contract No.7303.1.CON
B. Resolution
C. Skyway (Phase 1) Project Map
526
1 TOWN OF PARADISE
RESOLUTION NO. _________

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PARADISE AWARDING Construction CONTRACT NO. 7303.1 CON
FOR THE ON-SYSTEM ROADWAY REHABILITATION PROJECT –
SKYWAY (PHASE 1)
WHEREAS, on-system roads sustained damage as a result of the Camp Fire; and,
WHEREAS, the Town of Paradise has received a $55,439,200 allocation of Federal Highway Administration Emergency Relief Program funds; and, WHEREAS, the purpose of the Emergency Relief Program is Repair or reconstruction of Federal-aid highways and roads (“On-System”) which have suffered serious damage as a result of natural disasters.

WHEREAS, eligible repairs may include, but are not limited to, damage occurring to pavement or other surface courses, shoulders, embankments, cut slopes, roadside development, and stream channels, whether man-made or natural. Pavement repairs or reconstruction may also include rock slope protection, cribbing, or other stream bank control features, bridges, retaining walls, culverts and debris removal, including other deposits from roadway drainage channels and the traveled way.

WHEREAS, the On-System Road Rehabilitation Project – Skyway (Phase1 ) is consistent in scope with the approved emergency relief funds: and, WHEREAS, the On-System Road Rehabilitation Project – Skyway (Phase1 ) is consistent with priorities identified in the Paradise Long-Term Recovery Plan prepared in response to the 2018 Camp Fire.

WHEREAS, the Town Council approved the Plans, Specification and Estimates and authorized advertisement for bids on the On-System Road Rehabilitation Project – Skyway (Phase1 ) on the 8th day of March 2022.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE AS FOLLOWS:

Section 1. The Town Manager is authorized to award and execute the construction contract to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid plus additive bid #1. for the On-System Roadway Rehabilitation Project and approve continency expenditures not exceeding 10%.

PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 14th day of June 2022, by the following vote:

AYES:
527
2 NOES:

ABSENT:

ABSTAIN:

By:

Steve Crowder, Mayor
ATTEST:

Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:

Scott E. Huber, Town Attorney
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Contract No. 7303.1 CON Page 1
Owner-Contractor Agreement
On-System Roadway Rehabilitation
Skyway
Federal Project No. ER38YO (012).1
Contract No. 7303.1 CON
THIS AGREEMENT, made this __day of ________________, 2022, in triplicate, between the Town of Paradise (“Town”), and Baldwin Contracting Company, Inc. dba Knife River Construction, (“Contractor”).

ARTICLE I. – WITNESSETH, That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Town, and under the conditions expressed in the two (2) bonds, bearing even date with these presents, and hereunto annexed, the Contractor agrees, at Contractor’s own proper cost and expense, to do all the project work and furnish all the materials, except such as are mentioned in the specifications to be furnished by the Town, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the Town, the project work described in the special provisions and the project plans described below, including any addenda thereto, and also in conformance with the California Department of Transportation Standard Plans, dated 2018, the Standard Specifications, dated 2018 (within the Caltrans Standard Specifications, the word “Department” shall mean the “Town”) and the Labor Surcharge and Equipment Rental Rates in effect on the date the project work is accomplished, which the special provisions, project plans, Standard Plans, Standard Specifications, and Labor Surcharge and Equipment Rental Rates are hereby specially referred to and by such reference made a part hereof.

The Notice to Bidders, Special Provisions, Bid Documents, and Contract Forms included in this Agreement are dated April 27, 2022 and are entitled:

Bid Book for the project work are dated April 27, 2022 and are entitled:

On-System Roadway Rehabilitation
Skyway
Federal Project No. ER38YO (012).1
Contract No. 7303.1 CON
The Project Plans for the project work are dated April 22, 2022 and are entitled:

On-System Roadway Rehabilitation
Skyway
Federal Project No. ER38YO (012).1
Contract No. 7303.1 CON
Which are hereby made part of this Agreement.

ARTICLE II. – The Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the project work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the project work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the project work until its acceptance by the Town of Paradise and for all risks of every description connected with the project work; also for all expenses incurred by or in consequence of the suspension or discontinuance of project work and for well and faithfully completing the project work, and the whole thereof, in the manner and according to the plans and specifications and the requirements of the Engineer under them, to wit:
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Contract Bid Items
On-System Roadway Rehabilitation
Skyway
Federal Project No. ER38YO (012).1
Contract No. 7303.1 CON
Bid
Item Item Description Unit of Measure
Estimated
Quantity Unit Price Total Amount
1 LEAD COMPLIANCE PLAN LS 1 $ 1,500.00 $ 1,500.00
2 TRAFFIC CONTROL SYSTEM LS 1 $ 255,000.00 $ 255,000.00 3 PORTABLE CHANGEABLE MESSAGE SIGN EA 4 $ 4,500.00 $ 18,000.00 4 JOB SITE MANAGEMENT LS 1 $ 4,000.00 $ 4,000.00
5 PREPARE STORM WATER POLLUTION PREVENTION
PLAN LS 1 $ 3,500.00 $ 3,500.00
6 STREET SWEEPING LS 1 $ 43,000.00 $ 43,000.00
7 CLEARING AND GRUBBING LS 1 $ 10,000.00 $ 10,000.00
8 ROADWAY EXCAVATION CY 262 $ 400.00 $ 104,800.00
9 SHOULDER BACKING TON 121 $ 150.00 $ 18,150.00
10 CLASS 2 AGGREGATE BASE CY 296 $ 280.00 $ 82,880.00
11 FULL-DEPTH RECLAMATION-CEMENT SQYD 46,229 $ 10.40 $ 480,781.60 12 CEMENT (FULL-DEPTH RECLAMATION-CEMENT) TON 1,477 $ 218.50 $ 322,724.50 13 MIX DESIGN (FULL-DEPTH RECLAMATION-CEMENT) LS 1 $ 10,000.00 $ 10,000.00 14 HOT MIX ASPHALT (TYPE A) TON 19,700 $ 114.00 $ 2,245,800.00 15 PLACE HOT MIX ASPHALT DIKE (TYPE A) LF 993 $ 3.00 $ 2,979.00 16 PLACE HOT MIX ASPHALT (MISCELLANEOUS AREA) SQYD 1,074 $ 35.53 $ 38,159.22 17 COLD PLANE ASPHALT CONCRETE PAVEMENT SQYD 60,681 $ 3.75 $ 227,553.75 18 REMOVE ASPHALT CONCRETE DIKE LF 993 $ 5.97 $ 5,928.21 19 ADJUST INLET EA 1 $ 2,000.00 $ 2,000.00
20 MINOR CONCRETE (CROSS GUTTER) CY 10 $ 1,100.00 $ 11,000.00 21 MINOR CONCRETE (CURB AND GUTTER) CY 52 $ 770.00 $ 40,040.00 22 MINOR CONCRETE (SIDEWALK) CY 23 $ 1,310.00 $ 30,130.00 23 MINOR CONCRETE (CURB RAMP) CY 27 $ 1,755.00 $ 47,385.00 530
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Contract No. 7303.1 CON Page 3
Bid
Item Item Description Unit of Measure
Estimated
Quantity Unit Price Total Amount
24 REMOVE CONCRETE CY 168 $ 350.00 $ 58,800.00
25 DETECTABLE WARNING SURFACE SF 266 $ 20.00 $ 5,320.00 26 ADJUST ACCESS BOX FRAME AND COVER (UTILITY) EA 4 $ 2,500.00 $ 10,000.00 27 ADJUST MANHOLE FRAME AND COVER (UTILITY) EA 7 $ 3,000.00 $ 21,000.00 28 ADJUST MANHOLE FRAME AND COVER (STORM
DRAIN) EA 14 $ 1,500.00 $ 21,000.00
29 REMOVE AND REPLACE MONUMENT EA 17 $ 2,500.00 $ 42,500.00 30 LOWER AND RAISE FRAME AND COVER (UTILITY) EA 92 $ 1,700.00 $ 156,400.00 31 THERMOPLASTIC PAVEMENT MARKING SF 10,022 $ 5.75 $ 57,626.50 32 6” THERMOPLASTIC TRAFFIC STRIPE LF 82,362 $ 0.75 $ 61,771.50 33 POTHOLE (HIGH PRIORITY UTILITIES) EA 31 $ 1,500.00 $ 46,500.00 34 MODIFYING SIGNAL AND LIGHTING @ SKYWAY/NEAL
RD LS 1 $ 70,000.00 $ 70,000.00
35 MODIFYING SIGNAL AND LIGHTING @
SKYWAY/BLACK OLIVE LS 1 $ 42,000.00 $ 42,000.00
36 MODIFYING SIGNAL AND LIGHTING @
SKYWAY/PEARSON RD LS 1 $ 60,000.00 $ 60,000.00
37 MODIFYING SIGNAL AND LIGHTING @
SKYWAY/ELLIOTT RD LS 1 $ 105,000.00 $ 105,000.00
38 MODIFYING SIGNAL AND LIGHTING @
SKYWAY/OLIVER RD LS 1 $ 70,000.00 $ 70,000.00
39 MOBILIZATION LS 1 $ 50,000.00 $ 50,000.00
40 PAVEMENT MARKERS (RETROREFLECTIVE-RECESSED) EA 1941 $ 9.50 $ 18,439.50 41 8” THERMOPLASTIC TRAFFIC STRIPE LF 2598 $ 2.00 $ 5,196.00 TOTAL BASE BID AMOUNT = $4,906,864.78
Additive Bid #1
Bid
Item Item Description Unit of Measure
Estimated
Quantity Unit Price Total Amount
1 MODIFY WORKING HOURS TO 7PM TO 7 AM
(NIGHT WORK) LS 1 $163,000.00 $163,000.00
TOTAL ADDITIVE BID AMOUNT = $163,000.00
TOTAL BASE BID + ADDITIVE BID #1 = $5,069,864.78
ARTICLE III. – The Town hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide the materials and to do the project work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby agrees to pay the same at the time, in the 531
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manner and upon the conditions above set forth; and the parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants contained in this Agreement.

ARTICLE IV. – Contractor certifies that Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the project work of this Agreement.

ARTICLE V. – It is further expressly agreed by and between the parties hereto that if there be any conflict between the terms of this Agreement and the bid of the Contractor, then this agreement shall control and nothing herein shall be considered as an acceptance of the terms of the Bid conflicting herewith.

ARTICLE VI. – The Town of Paradise hereby employs Contractor to provide material and to do the project work according to the terms and conditions herein contained and referred to for the following prices to be paid at the time, in the manner and upon the conditions set forth in this agreement.

ARTICLE VII. – The project work required in the performance of this Agreement is an improvement over which the Town of Paradise shall exercise general supervision.

ARTICLE VIII. – The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this Agreement. It is further expressly agreed, by and between the terms of this Agreement and the bid of the Contractor, that this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the Bid conflicting with this Agreement.

ARTICLE IX. – Notwithstanding any other provision, all claims by the Contractor for $375,000 or less against the Town shall be subject to the procedures set forth in Public Contract Code sections 20104 to 20104.8; a copy of which is shown below:
20104.
(a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2.

For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency 532
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may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits Contractor’s or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4.

The following procedures are established for all civil actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6.
(a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.

ARTICLE X. – Notwithstanding any other provision, all claims by the Contractor the Town shall be subject to the procedures set forth in Public Contract Code sections 9201 to 9204; a copy of which is shown below:
9201.
(a) A public entity shall have full authority to compromise or otherwise settle any claim relating to a contract at any time. (b) The public entity shall include provisions in a public works contract for timely notification of the contractor of the receipt of any third-party claim, relating to the contract.
(c) The public entity shall be entitled to recover its reasonable costs incurred in providing the notification required by subdivision (b). (Amended by Stats. 2002, Ch. 315, Sec. 1. Effective January 1, 2003.) 9203.
(a) Payment on any contract with a local agency for the creation, construction, alteration, repair, or improvement of any public structure, building, road, or other improvement, of any kind which will exceed in cost a total of five thousand dollars ($5,000), shall be made as the legislative body prescribes upon estimates approved by the legislative body, but progress payments shall not be 533
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made in excess of 95 percent of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to, or under the control of, the local agency, and unused. The local agency shall withhold not less than 5 percent of the contract price until final completion and acceptance of the project. However, at any time after 50 percent of the work has been completed, if the legislative body finds that satisfactory progress is being made, it may make any of the remaining progress payments in full for actual work completed.
(b) Notwithstanding the dollar limit specified in subdivision (a), a county water authority shall be subject to a twenty-five thousand dollar ($25,000) limit for purposes of subdivision (a). (Amended by Stats. 2000, Ch. 126, Sec. 1. Effective January 1, 2001.) 9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. 534
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(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally.

The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date. (Amended by Stats. 2019, Ch. 489, Sec. 1. (AB 456) Effective January 1, 2020. Repealed as of January 1, 2027, by its own provisions.) 535
On-System Roadway Rehabilitation - Skyway Town of Paradise Federal Project No. ER38YO(012) .1 Contract Forms
Contract No. 7303.1 CON Page 8
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first above written

TOWN OF PARADISE
By _________________________________________
Kevin Phillips, Town Manager
By ________________________________________
Contractor
Licensed in accordance with an act providing for the registration of contractors, License No. _____________________________________________________ Federal Employer Identification Number ______________________________ Approved and certified as being in conformance with the requirements of the Public Contract Code Section 20160 et seq.
___________________________________________
Scott E. Huber, Town Attorney
Approved Effective ___________________________
536
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TOWN OF PARADISE

PUBLIC WORKS DEPARTMENT
5555 Skyway Road
Paradise, California 95969
±
0 0.25 0.5
Miles

J ERDAHL
JAN 2022

PROJECT

LOCATION
MAP
Legend
Project No. 1
Skyway - No 1
537