urban interface west of Redding and is intended to increase fire resiliency and reduce impacts from future wildfires.
McConnell intends through the Project to engage in a process of reducing the hazardous fuels present within the footprint of the Carr Fire in the form of the removal of brush, vegetation, and trees. The Project is intended to reduce hazardous fuels and reduce the probability of “subsequent moderate - to high-severity reburns.” (Grant Agreement No. 5GG18119 - Post Carr Fire Hazardous Fuels Reduction, Dec. 10, 2020.) The Project will not overlap with any of the FEMA funded work previously overseen by Cal OES and is limited to vegetation and tree removal on private property.
Discussion
All workers employed on public works projects must be paid at least the prevailing wage rates applicable to their work. (§ 1771.) Section 1720, subdivision (a)(1) defines “public works” to mean: construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. Section 1720, subdivision (a)(8) also defines “public works” to include tree removal done in the execution of a project under subdivision (a)(1). Further, maintenance work is another type of public work, and the prevailing wage law expressly applies to “contracts let for maintenance work.” (§ 1771; Reliable Tree Experts v. Baker (2011) 200 Cal.App.4th 785, 795-796 (Reliable Tree).)
There is no dispute that the Project is done under contract and paid for out of public funds. McConnell contends that the work it intends to perform for the Project does not qualify as public work under California’s prevailing wage laws, arguing that the work is not covered under section 1720, subdivisions (a)(1), (a)(8), or section 1771.
A. The Project Does Not Involve Construction, Alteration, Demolition, Installation, or Repair Work.
Tree removal work done in the execution of a public works contract involving construction, alteration, demolition, installation, or repair work is public work. (§ 1720, subds. (a)(1) & (a)(8).)
The removal of brush, vegetation, and trees for the Project cannot be characterized as construction, alteration, demolition, installation, or repair work as those terms have been defined under section 1720, subdivision (a)(1). Nor will the work to remove brush, vegetation, and trees be done in the execution of a project involving construction, alteration, demolition, installation or repair work. (See § 1720, subd. (a)(8).) “California Climate Investments.” (Grant Agreement No. 5GG18119, Post Carr Fire Hazardous Fuels Reduction, Dec. 10, 2020.)
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Thus, the work to be performed as part of the Project is not covered under the provisions of section 1720, subdivision (a).3
B. The Project Does Not Entail Maintenance.
Section 1771 expressly requires the payment of prevailing wages for work performed under maintenance contracts. (Reliable Tree, supra, 200 Cal.App.4th at p. 788.) The Court of Appeal has held that work involving trees and their removal along state highways constituted maintenance for the purposes of the prevailing wage law. (Ibid.) Following Reliable Tree, the Department has found tree removal under certain circumstances to constitute covered maintenance work under the prevailing wage law. (PW 2020-008, Camp Fire Tree Removal Work – California Department of Resources Recycling and Recovery (Apr. 29, 2020) (Camp Fire); PW 2018-030, Salinas Fairways Tree Removal - City of Salinas (July 29, 2021) (Salinas Fairways). 4)
Work may constitute maintenance under the Labor Code and related regulations if it is “[r]outine, recurring and usual work for the preservation, protection and keeping of any publicly owned or publicly operated facility (plant, building, structure, ground facility, utility system or any real property) for its intended purposes in a safe and continually usable condition for which it has been designed, improved, constructed, altered or repaired.” (§ 1771, Cal. Code Regs., tit. 8, § 16000.) As such, to qualify as maintenance, the work performed must be intended to preserve, protect, or keep a publicly-owned or a publicly-operated facility. Here, the Project will take place exclusively on private property, none of which is operated by a public entity, and McConnell does not anticipate that any of the work will take place in proximity to public rights-of-way. Because the Project is not anticipated to preserve, protect, or take place on publicly-owned or publicly-operated facilities or other real property, the work cannot constitute maintenance as it is defined by the Labor Code and implementing regulations.
3 None of the other definitions of “public works” in section 1720, subdivision (a) appear to be applicable to the work at issue in the Project. (See § 1720, subds. (a)(2) - (a)(7).)
4 The removal of trees after a massive fire was required in order to remove obstructions from public rights-of-way and maintain the public rights-of-way in a safe, efficient and continuously usable condition for public use, as well ensuring public safety and reducing the risk of future invasive insect infestations. (Camp Fire, supra, PW 2020- 008 at p. 6.) The removal of trees damaged in a storm from a publicly owned golf course was found to constitute maintenance. (Salinas Fairways, supra, PW 2018-030 at p. 4.) 198 Determination Letter to Dennis B. Cook
Re: Public Works Case No. 2021-002
Conclusion
For the foregoing reasons, the Post Carr Project is not public work and not subject to the requirements related to the payment of prevailing wages.
I hope this determination satisfactorily responds to your inquiry.
Sincerely,
Katrina S. Hagen
Director of Industrial Relations
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Town of Paradise
Council Agenda Summary
Date: January 14, 2025
Agenda Item: 6(a)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Tree Contractor Contract for Phase 2 of the Category 4 Tree Removal Program
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. Consider approving the attached Professional Services Agreement and authorize the Town Manager to execute the following contract with Warner Enterprises. (ROLL CALL VOTE)
Background:
The Town of Paradise has been working alongside FEMA and CalOES since 2019 on the funding and implementation of the Category 4 Tree Removal Program. In 2022, Phase 1 of the program was approved and implemented. Town Staff procured arborist services and opened the program to applicants. 574 properties enrolled in the program, were assessed and had over 12,000 eligible trees identified for removal upon approval of Phase 2 of the program.
Full approval of the project was granted in September 2024 and we have been working on initial monitoring and final surveying of the 375 properties moving forward with tree removal. We anticipate removing nearly 11,000 trees over the next 6-9 months.
Analysis:
The Town of Paradise (TOP) is seeking one Licensed Timber Operator (LTO-A) Contractor referred to herein as the Tree Removal (TR) Contractor, to assist the Butte County Fire Safe Council (BCFSC) and Town of Paradise (TOP) with the Federal Emergency Management Agency (FEMA) Category 4 Tree Removal Program (HTRP- 0305), which removes hazardous burnt trees left from the 2018 Camp Fire that threaten private property that were not part of the prior hazardous tree removal activities.
RFP # TOPC42024 was posted on October 29, 2024
The RFP was closed on November 12, 2024 with 7 proposals submitted. The average cost of the received proposals was $5,308,302.
All proposals were scored by our review team consisting of Town of Paradise and BCFSC Staff.
After scoring, two proposals were identified as the top proposals received and moved forward to an interview presentation.
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After the interview presentations, the review team unanimously chose Warner Enterprises for the award of the contract based on their experience, history of working in Paradise, project plan and understanding of the project needs. The FEMA approved budget for the tree removal contract is $7.6m. The contract will be for the Not-to-Exceed (NTE) amount of $6,104,852.80.
Financial Impact:
All funding for Phase 2 of the Category 4 Tree Removal Program has been secured with 75% being provided by FEMA/CalOES HMGP Funds and 25% being provided by a CalFire CCI Grant.
All contracts being presented for approval fall within the budget categories already allocated within the grants. The only financial impact to the Town will be the task of managing cash flow between expenditure and reimbursement timing.
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Exhibit B: Professional Service Contract Greater than $25,000 Attachment 1 - 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 On Following Date
Town Department
Basis of Price (Do Not √ More Than One of the Following Four Blocks) Price $ Fixed Price Annual Price Monthly Price Hourly Rate Not-to-Exceed Price $ √ if Reasonable Expenses are authorized in addition to Hourly Rate CONTRACTOR Contact Information TOWN Contact Information CONTRACTOR Project Manager
Address Address
City, State & ZIP City, State & ZIP
Telephone Telephone
Email Email
WHEREAS, TOWN, through the TOWN Department identified above, desires to have work described in the Attachment III - Scope of Work performed; and
28 December 10, 2024 December 31, 2025
Recovery
$6,104,852.80
Brian Solecki
5555 Skyway
Paradise, CA 95969
530-872-6291 x165
[email protected]
Warner Enterprises Inc
1577 Beltline Rd
Redding, CA 96003
530-941-4655
[email protected]
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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 – Terms and Conditions (including Professional Services Contract) Attachment 2 – Regulatory Compliance Requirements for Expense Contracts Attachment 3 – Certification Regarding Debarment
Attachment 4 - Non-Lobbying Certification
Attachment 5 – Terms and Conditions
Attachment 6 – INSURANCE REQUIREMENTS
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.”
_________________________________ _______________________________________ ________________ 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:
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Attachment 2: Regulatory Compliance Requirements for Expense Contracts Expense contracts; Regulatory Compliance Requirements
All Town contracting shall comply with 2 CFR, Part 200 and legislation for the regulation of labor, safety and environmental protection, emergency preparedness and advisories, and any other codified criteria including but not limited to the following as relevant to this Contract:
1. Remedies:
Contractor Performance and the Breach Thereof
The Town may terminate this Contract and is relieved of the payment of any consideration to the Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. The 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 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.
Termination for Cause and Convenience
In the event the Contractor fails to perform in accordance with the terms of this Contract within the time specified, if any, or a reasonable time after placement of this order, the Town Treasurer may by written notice, cancel this Contract and may hold the Contractor liable for any damage caused the Town by reason of failure to perform in accordance with these conditions.
It is agreed by the parties to this Contract that in case all the work called for under the Contract in all parts and requirements is not finished or completed within the time period as set forth in this Contract, damage will be sustained by the Town of Paradise, and that it is and will be difficult or impossible to ascertain and determine that actual damage which the Town will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor shall pay to the Town the sum of one hundred dollars ($100) per calendar day for each and every working days’ delay in finishing the work in excess of the time period prescribed; and the Contractor agreesto pay said liquidated damages as herein provided, and in case the same is not paid, agrees that the Town may deduct the amount thereof from any money due or that may become due the Contractor under this Contract or any other Contract between the Town and the Contractor.
2. Equal Employment Opportunity. As provided under 41 CFR § 60-1.4(b) Key Definitions
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Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a "federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the
Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance,
or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.
Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvementsto real property, including facilities providing utility services. The term also includesthe supervision, inspection, and other onsite functionsincidental to the actual construction.
During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action will include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant hasinquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the 205 31
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compensation information of other employees or applicants as a part ofsuch employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, 206 32
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including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The Contractor agreesthat it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules,regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.
The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant, and refer the case to the Department of Justice for appropriate legal proceedings.
3. Copeland “Anti-Kickback” Act
The Copeland “Anti-Kickback'' Act (40 U.S.C. 3145) provides that the Town and the Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Town must report all suspected or reported violations to the Federal awarding agency.
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(1) Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Contract.
(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require; and, also a clause requiring the subcontractorsto include these clausesin any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with all of these Contract clauses.
4. Compliance with the Contract Work Hours and Safety Standards Act 40 U.S.C. 3701– 3708
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to
(3) each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of thissection, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(4) Withholding for unpaid wages and liquidated damages. The Town shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be 208 34
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withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(5) Safety requirements. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (6) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any
subcontractor or lower tiersubcontractor with the clausesset forth in paragraphs (1) through (5) of this section.
5. Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of ‘‘funding agreement’’ under 37 CFR § 401.2 (a) and the Town or the Contractor wishesto enter into a contract with a small businessfirm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that ‘‘funding agreement,’’ the Town or the Contractor must comply with the requirements of 37 CFR Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency. (1) The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement" as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. 209 35
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6. Clean Air Act and the Federal Water Pollution Control Act The Contractor and the Town agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Clean Air Act
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(2) The Contractor agrees to report each violation to Town and understands and agrees that Town will, in tum, report each violation as required to assure notification to the Cal OES, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agreesto include these requirementsin each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.
Federal Water Pollution Control Act
(1) The Contractor agrees to comply with all applicable standards, orders or regulationsissued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The Contractor agrees to report each violation to Town and understands and agrees that Town will, in tum, report each violation as required to assure notification to the Cal OES, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.
7. Energy Efficiency
(1) Contractor will comply with all standards and policies relating to energy efficacy which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).
8. Suspension and Debarment
The Town does not employ vendors or contractors who are listed on the National World Wide Web Site System for Award Management (sam.gov) by Federal General Services Administration 210 36
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(GSA) for the purpose of disseminating information on parties that are debarred from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR
9.404, and each agency's codification of the Common Rule for Non-procurement suspension and debarment.
(1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor, its principals (defined at
(2) 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(3) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (4) This certification is a material representation of fact relied upon by the Town. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Town, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(5) The bidder or proposer agreesto comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any Contract that may arise from this offer.
The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions."
9. Byrd Anti-Lobbying Amendment 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 211 37
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10. Procurement of Recovered Materials
In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired-
(i) Competitively within a timeframe providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program . The list of EPA-designate items is available at https://www.epa.gov/smm/comprehensiveprocurement-guidelines-construction-products ."
11. Additional FEMA Requirements
Changes
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.
Access to Records
The following access to records requirements shall apply to this Contract:
(1) The Contractor agrees to provide Cal OES, the Town, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative’s access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives’ access to construction or other work sites pertaining to the work being completed under the Contract.
12. Department of Homeland Security (DHS) Seal, Logo and Flags The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre approval. 213 39
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13. Compliance with Federal Law, Regulations, and Executive Orders Thisis an acknowledgement that FEMA financial assistance will be used to fund the Contract only.
The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.
14. No Obligation by Federal Government.
The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the Contract.
15. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this Contract.
By execution of this CONTRACT including this Attachment 1 the Contractor certifies that compliance with all the stated regulatory requirements as stipulated and where action is appropriate and required as a means of compliance, shall endeavor in good faith to conform to regulations and in no way are they connected to any federal, state or local debarment proceedings.
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4.3. Attachment 3: Debarment Certification
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Orders 12549 and 12689, 2 C.F.R part 180, Debarment and Suspension, and 2 C.F.R. § 200.213. Copies of the regulations may be obtained by contacting the person to which this proposal is submitted. (BEFORE COMPLETING CERTIFICATION,
READ INSTRUCTIONS ON PAGES TWO AND THREE BELOW)
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Firm Name: ______________________________________
Name and Title of Authorized Representative: ______________________________________ Signature of Authorized Representative: ______________________________________ Date: ______________________________
4.4. Attachment 4: Non-Lobbying Certification
INSTRUCTIONS FOR CERTIFICATION
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1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out on page one.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 C.F.R. Parts 180 and 417. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the System for Award Management (SAM) database.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
44 C.F.R. PART 18 - CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) the Contractor will use the following certification:
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
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(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documentsfor allsub-awards at all tiers(including subcontracts,sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official: _______________________________________ Name and Title of Contractor's Authorized Official:____________________________________ 217 43
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ATTACHMENT 5
TERMS AND CONDITIONS
1. Scope of Work. The work to be undertaken is identified in the attached “Attachment III-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 218 44
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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.
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. 219 45
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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.
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, exceedsthe 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. 46 Contracts exceeding the five-year term delegated to the Purchasing Agent, or authorized depu<es, are not valid unless duly executed by the Town Council. If this Contract was executed for the TOWN of Paradise by the Purchasing Agent, or authorized deputy, this Contract shall automa<cally terminate on the date that the term exceeds five years. Amendments to this Contract, or new Contracts for essen<ally the same purpose, shall not be valid beyond the five-year limita<on unless duly executed by the Town Council. 220
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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 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 expressrepresentation 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
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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. 222 48
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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.
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ATTACHMENT 6
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
*Please provide a copy of Attachment II 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. 2) 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.
2. 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:
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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. 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.
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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. Ifsubcontractors 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.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3) 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. 4) A copy of the claims reporting requirements must be submitted to the Town for review. 226 52
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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
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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
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:
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TOWN’s obligations may be:
o Town reserves the right to award more than one contract, if desired. 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.
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EXHIBIT C - PROPOSAL SUMMARY FORM
California Licensed Timber Operator “A” (LTO-A)
FEMA Category 4 Hazard Tree Removal Program
NAME OF BIDDER:
BUSINESS ADDRESS:
E-Mail:
The scope of work is described within this proposal and includes Independent Contract Tree Removal work. Bid prices are based on a cost per tree and treatment basis. Total tree count for project may vary due to issues beyond the control of TOP and/or BCFSC.
Fill out the following section as follows:
1. Provide one price per tree diameter class (R1, R2, R3, R4, R5) for both treatment types (Full Removal {Bid Table 1} & Lop and Scatter {Bid Table 2} PENDING APPROVAL), additionally please provide a total cost breakdown (Bid Table 3).
a. The provisions for payment under the contract will be subject to a ten percent (10%) withholding per invoice.
b. The withheld ten percent (10%) payment amount will be included in the final payment to the TR Contractor(s) and will only be released when all required work has been completed to the satisfaction of BCFSC and Forest Practice Rules compliance has been met per RPF Contractor.
Map of Project Area is attached as Exhibit D along with shapefiles and excel tree inventory.
Bid Table 1 – Full Removal (Tree count subject to change) ** See SOW section 6E & 6F for treatment standards**
Tree Diameter
Size Class
Diameter Breast Height
(DBH)
Classes in Inches
Tree Count Full Tree Removal
(Cost per Tree)
Total
R1 5.00” – 11.99” 3624 $ $
R2 12.00” – 23.99” 3885 $ $
R3 24.00” - 35.99” 1445 $ $
R4 36.00” – 47.99” 393 $ $
R5 48.00” + 149 $ $
9496 $ $
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Bid Table 2 – Lop and Scatter (Tree count subject to change) ** See SOW section 6G for treatment standards**
****PENDING APPROVAL****
Tree Diameter
Size Class
Diameter Breast
Height (DBH)
Classes in Inches
Tree Count Full Tree Removal
(Cost per Tree)
Total
R1 5.00” – 11.99” 486 $ $
R2 12.00” – 23.99” 375 $ $
R3 24.00” - 35.99” 117 $ $
R4 36.00” – 47.99” 58 $ $
R5 48.00” + 17 $ $
1053 $ $
Bid Table 3- Cost Breakdown
Treatment Cost
Full Removal $
Lop and Scatter $
Total $
1. Equipment and Resources Available (please put as attachment) {Include Sub-TR Contractor(s)} a. TR Contractor(s) shall provide a list of number of personnel available (i.e. operators, fellers, groundmen, etc)
b. TR Contractor(s) shall provide a list of equipment (i.e. material handlers, cranes, grapple trucks, bucket trucks, feller bunchers, tree skidders, skid steers, brush chippers, tub grinders, large-scale chippers, water trucks, water buffalos, street sweepers, etc) that is anticipated to be utilized to perform the work
1. Include the type, model, size, year, and other pertinent information (i.e. rubber tired, rubber tracked, metal tracked, etc.)
2. Include the number of pieces of equipment, and whether each piece is owned, leased, or rented
2. Tree Removal Contractor Background and Experience (please put as attachment)
3. References with Phone Numbers (please put as attachment)
4. Bidder Acknowledgement of the Receipt of Addendum (in the case that one is supplied) _____________________________ _________________________________ _____________ Name Signature Date
NOTE: This form must be included in the proposal and completed in its entirety in order for the proposal to be evaluated.
NOTICES
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All proposing Contractor responding to this RFP should note the following:
1. All work performed for TOP, including all documents associated with the project, shall become the exclusive property of TOP, FEMA, and CA. State University Chico - Northeast Information Center.
2. TOP reserves the right to:
a. Reject any or all submittals.
b. Request clarification of any submitted information.
c. Waive any informalities or irregularities in any qualification statement. d. Not enter any contract.
e. Not to select any firm.
f. Cancel this process at any time.
g. Amend this process at any time.
h. Interview firms prior to award.
i. Enter negotiations with one or more firms on one or multiple projects. j. Award more than one contract if it is in the best interest of the BCFSC. k. Issue similar RFPs or RFQs in the future.
l. Request additional information during the interview.
3. The selected Contractor is expected to perform and complete the project in its entirety.
4. All costs arising from this RFP process incurred by any proposing firm shall be borne by the contractor without reimbursement by TOP.
5. California and Federal prevailing wage laws do not apply to this project. 232 58
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Exhibit D - FIRE PLAN
Scope
1. The Provisions set forth below outline the channels of responsibility for fire prevention and suppression for fires created by vegetation management by contractor project activities, whenever there is a potential for wildfire danger.
2. The Contractor is responsible for prevention of wildfire ignition due to project work. No contractor will work or is allowed to have employees work alone.
Contractor
1. Contractors shall monitor and follow the Project Activity Levels (PAL) as directed by the project manager/monitor. The Project Activity Levels are listed below, and color coordinated by a map provided by the National 7- Day Significant Fire Potential website at the following location:
a. https://fsapps.nwcg.gov/psp/npsg/forecast/
2. Additional Fire Weather Forecast including EXTREME or RED FLAG conditions should be monitored at both the Cal Fire Red Flag Warning and Fire Weather Watches and NOAA Fire Weather Forecast websites.
3. The contractor will evaluate the risk of the project work and create a fire safe workspace and take appropriate actions.
a. Such action can range from an increase of onsite suppression capabilities to suspension of work.
Intent
1. This Fire Prevention Plan ensures Northern Region Fuel Reduction Crews are aware of, and comply with, the State of California’s (State) fire prevention laws and additional fire preventive measures required by the Department. Some of the Departments’ required fire preventive measures are stricter than the state fire prevention laws.
2. Crews should recognize conditions that may allow a fire to start.
3. Crews should take the appropriate precautionary measures to avoid a fire and be properly equipped and prepared to take appropriate action in the event of a fire.
Compliance with the Public Resources Code and Forest Practice Rules –
1. The California Public Resources Code (PRC) and Forest Practice Rules (FPR) contain many provisions to reduce the risk of fire.
2. Although your crews may not be “timber operators” as specified in the FPR or necessarily conducting “timber operations”, the FPR does provide a sound basis for the best management practices when working in conditions that may ignite a fire. 233 59
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3. These rules are also a State standard for timber regulations. By reference they are both incorporated into this Plan, and this Plan requires strict adherence to the PRC and FPR.
The BCFSC Project Manager/Monitor may cease all operations if he/she deems there to be a potential threat of fire based on predicted forecasts.
Fire Danger Rating and Color Code
Level A- Blue (low) and Level B- Green (moderate)
Minimum Fire Fighting Equipment
• 1 Shovels (size “0” or larger with an overall length of 46”) • 2 McCleod’s
• 2 Axes
• 1 10-lb. ABC portable fire extinguisher
• 2 Back pumps within 25’ of working area.
Burning Operations:
1. A fire patrol person is required for burning operations from cessation of operations until 2 hours after operations cease or sunset, whichever occurs first on shaded fuel break projects.
2. Minimum of a 50-gallon water tank with spray pump, or a foam fire suppression system equivalent to 50 gallons of water, and 200 feet of hose with nozzle not less than 1-inch in diameter shall be on or adjacent to project for burning operations.
3. For the water tank option, the pump must be capable of producing 50 psi water pressure at a minimum of 20 gpm.
Chipping, Resident Assistance and Fuel Reduction
Projects Operations:
1. Chipper operators and resident’s assistance projects must patrol the area before leaving the site.
Level C: High (Yellow)
1. Chipper and chain saw operators and resident’s assistance projects must patrol the area before leaving the site.
2. Pile burning is not allowed during these fire danger levels.
3. Minimum of 250-gallon water tank with spray pump, or a foam fire suppression system equivalent to 250 gallons of water, and 200 feet of hose not less than 1- inch in diameter with nozzle shall be on or adjacent to project for burning operations.
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4. For the water tank option, the pump must be capable of producing 50 psi water pressure at a minimum of 20 gpm.
5. Minimum Firefighting Equipment of Level B section II.
Level D Very High (Brown)
1. Minimum Firefighting Equipment of Level B section II.
2. Pile burning is not allowed during Level D, Vert High fire danger level.
3. All following activities must end at 1 pm. Work may end earlier based on CALFIRE Conservation Camp Fire or other emergency obligations. ▪ Rubber tired skidding
▪ Chipping on roads or landings
▪ Cable yarding
▪ Road maintenance
▪ Dirt moving
▪ Hand slash disposal
▪ Chainsaw operations on landings and roadbeds.
4. A fire patrol person is required to walk all areas treated that day once per hour, for at least 2 hours after the cessation of operations, or until sunset-local time (whichever occurs first). This includes chainsaw felling, metal track skidding, machines with chainsaw cutting heads and mastication equipment.
5. Minimum Firefighting Equipment.
• Minimum of 250-gallon water tank with spray pump, or a foam fire suppression system equivalent to 250 gallons of water, and 200 feet hose not less than 1-inch diameter with nozzle shall be on or adjacent to project for shaded fuel break projects.
• For the water tank option, the pump must be capable of producing 50 psi water pressure at a minimum of 20 gpm.
• 2 Shovels (size “0” or larger with an overall length of 46”) • 2 McCleod’s
• 2 10-lb. ABC portable fire extinguisher
• 2 Back pumps within 25’ of working area.
Level E Extreme (Orange-Heat, Orange-Wind, Red Lightning) RED FLAG: ALL work is prohibited on RED FLAG days with the following exceptions upon approval from the BCFSC Project Manager and RPF.
1. Loading logs, slash and existing chip piles with a loader in a designated landing is permissible on RED FLAG days as long as contractor designates an onsite supervisor capable of receiving notices, taking action, and directing a fire response.
2. Dragging and piling vegetation by hand is permissible on RED FLAG days as long as work area is accessible on dirt, gravel, or paved roads where vehicles 235 61
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will not be driving/parked over vegetation. Contractor is required to designate an onsite supervisor capable of receiving notices, taking action, and directing a fire response.
3. Smoking on RED FLAG days is only permissible inside of a vehicle at a designated landing.
REQUIREMENTS: ALL OPERATIONS
1. Firefighting equipment shall be maintained and kept in a state of fire readiness. Tools shall be kept sharp.
Fire Patrol Duties:
a. Each crew will have a designated fire patrol officer. This individual will be responsible for patrolling the work area at the end of the day to ensure that nothing is smoldering or burning.
b. For work that may cause spark ignition fires (chainsaws, chippers, etc.), this will be performed before leaving the site for the chipping and residents assistance. c. For all project work the contractor will evaluate all fire risks and take appropriate actions to prevent the occurrence of fire.
Communications:
d. Contractor will have reliable communication (cell phone, satellite phone or radio) present on the job site.
e. If cellular coverage is not available, the location of the nearest residents with a land line should be identified.
f. Crewmembers will be instructed to call 911 if any fire occurs. g. Contractors may use radio communication in order to directly report emergencies; especially in remote areas where cellular services are not available.
Clear Work Area:
h. Where vehicles and chippers are in operation, the area will be prepared with a contingency line.
REPORTING ALL WILDFIRES: CALL 911
Contractor's employees shall report all fires to 911 immediately (including fires that have been extinguished) and the following facilities and/or personnel listed below within the first 4 hours of the event:
Size-up Report When Reporting a Wildfire or Other Incident: Call 911 236 62
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Be prepared to provide the following key information:
1. Incident Type (wildland fire, vehicle accident, medical, HazMat Spill etc.)
2. Location (have this Job Briefing with you)
3. Incident Status (for wildfires: size of fire, rate of spread, threats such as structures)
4. Best Access Routes
5. Special Hazards (power lines down etc.…
6. Your name and contact information
Call the Butte County Fire Safe Council office at 530-877-0984 or Taylor Nilsson at 530-966-1620 or the Project
Manager/Monitor for your project.
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RED FLAG: All work is prohibited on RED
FLAG days Adjective Class Rating
A, B, C, D, E
Fire Danger Rating and Color Code
Level A Low (L) (Blue) Minimum Fire Fighting Equipment
Fuels do not ignite readily from small firebrands although a more intense heat source, such as lightning, may start fires in duff or punky wood. Fires in open cured grasslands may bum freely a few hours after rain, but woods fires spread slowly by creeping or smoldering, and burn in irregular fingers. There is little danger of spotting.
Level B Moderate (M) (Green)
Fires can start from most accidental causes, but with the exception of lightning fires in some areas, the number of starts is generally low. Fires in open cured grasslands will burn briskly and spread rapidly on windy days. Timber fires spread slowly to moderately fast. The average fire is of moderate intensity, although heavy concentrations of fuel, especially draped fuel, may burn hot.
Short-distance spotting may occur but is not persistent. Fires are not likely to become serious and control is relatively easy.
Level C High (H) (Yellow)
All fine dead fuels ignite readily, and fires start easily from most causes. Unattended brush and campfires are likely to escape. Fires spread rapidly and short-distance spotting is common. High intensity burning may develop on slopes or in concentrations of fine fuels. Fires may become serious and their control difficult unless they are attacked successfully while small.
Level D Very High (VH)(Brown)
Fires start easily from all causes and, immediately after ignition, spread rapidly and increase quickly in intensity.
Spot fires are a constant danger. Fires burning in light fuels may quickly develop high intensity characteristics such as long- distance spotting and fire whirlwinds when they burn into heavier fuels.
Level E Extreme (E) (Orange-Heat, Orange-Wind, Red Lightning) Fires start quickly, spread furiously, and burn intensely. All fires are potentially serious. Development into high intensity burning will usually be faster and occur from smaller fires than in the very high fire danger class. Direct attack is rarely possible and may be dangerous except immediately after ignition. Fires that develop headway in heavy slash or in conifer stands may be unmanageable while the extreme burning condition lasts. Under these conditions the only effective and safe control action is on the flanks until the weather changes or the fuel supply lessens.
Fire Plan Certification:
Contractor has reviewed and will abide all State Laws and the Fire Plan. _________________________________ _________________
Contractor Signature Date
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Exhibit E - TRAFFIC PLAN
Scope
1. TR Contractor(s) will provide for crew and public safety at all times. Strict control of roadway traffic if working along any roadway will be the top priority. Following all State of California Traffic Laws will be followed at all times.
a. Traffic operations:
i. https://dot.ca.gov/programs/trafficoperations/camutcd/camutcd-rev5
2. TR Contractor(s) will also be responsible for submitting all appropriate encroachment permits for the area of work. See following links :
a. Encroachment permits
i. Town of Paradise encroachment permit:
1. https://www.townofparadise.com/pwe/page/encroachment-permits ii. Butte County encroachment permit
1. https://www.buttecounty.net/941/Encroachment
iii. State of California encroachment permit:
1. https://dot.ca.gov/programs/traffic-operations/ep
Objectives
i. Ensure the safety of workers, pedestrians, and motorists. ii. Minimize disruptions to traffic flow.
iii. Comply with State and Local regulations.
Traffic Zones
a. Work Zone:
i. The area directly impacted by construction activities. b. Buffer Zone:
i. The space between the work zone and traffic flow.
c. Transition Zone:
i. The area where traffic transitions from normal flow to controlled flow. d. Traffic Control Measures
Signage and Markings
a. Install temporary signs indicating construction ahead, speed limits, and lane closures. b. Use reflective tape on barriers and cones for visibility. Mark pedestrian crossings and detour routes.
c. Barriers and Cones:
d. Place barriers to separate work zones from traffic.
e. Use orange cones to guide traffic and delineate lanes. f. Flaggers and Traffic Controllers.
g. Employ trained flaggers during peak hours.
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h. Coordinate traffic flow using hand signals and radios.
Lane Closures
a. Implement lane closures during specific construction activities. b. Provide advance notice to drivers.
c. Pedestrian Safety:
d. Designate safe pedestrian paths away from construction areas. e. Install pedestrian crossing signs.
Vehicle Access
a. Maintain access for emergency vehicles and local residents. b. Coordinate with emergency services.
Emergency Procedures
a. Emergency Evacuation Routes:
b. Clearly mark evacuation routes.
c. Train workers on emergency procedures.
d. Communication:
e. Establish communication channels with emergency services. f. Have a designated person responsible for emergency coordination. g. Monitoring and Adjustments
Regularly assess traffic flow and adjust control measures as needed. Document incidents, near misses, and changes to the plan.
Traffic Plan Certification:
Contractor has reviewed and will abide all State Laws and the Traffic Plan. ____________________________________________ ____________________________ Contractor Signature Date
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Contents
Cover Letter..................................................................................................................................1 Company Overview..................................................................................................................... 2 Local Paradise Benefit................................................................................................................ 3 Key Personnel..............................................................................................................................4 Subcontractors.........................................................................................................................9 Organizational Chart..............................................................................................................12 Equipment & Resources Available.......................................................................................... 13 Freight Equipment List...........................................................................................................15 Understanding & Work Approach............................................................................................ 18 Statement of Availability to Perform.......................................................................................18 Planning.................................................................................................................................19 Hazard Tree Removal Operations......................................................................................... 20 Data Collection & Project Tracking........................................................................................ 21 Quality Control....................................................................................................................... 22 Damages............................................................................................................................... 22 Temporary Processing Yard, Haul-Off, & End Use Facilities................................................. 22 Safety.....................................................................................................................................23 References & Background........................................................................................................25 FEMA Emergency Projects....................................................................................................25 BCFSC Projects.....................................................................................................................26 Certifications..............................................................................................................................28 Proposal Summary Form..........................................................................................................31 Addenda..................................................................................................................................... 34 242
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Company Overview
Warner Enterprises Inc (WEI) was founded by Paul Warner in 1977. Forty-five years of responsible and innovative forest management have set WEI apart in its efforts to be a leader in the industry. Current Vice President and Operation Manager, Gary Warner, joined the company full time in 1994. Working with both private and public partners WEI has treated thousands of acres with their diverse equipment options. From mechanical thinning operations to site prep with biomass removal and mastication, WEI has always prided itself in having the most experienced operators with the most effective equipment options for any job.
AȦer the devastation of the Valley Fire in Lake County, WEI began to focus more attention, time and resources to emergency forest health projects and hazard mitigation. With the Tubbs Fire, Carr Fire, and then Dixie Fire burning millions of acres in multiple counties, WEI broadened its footprint and added the needed equipment and personnel to assist in the cleanup of these devastating wildfires.
Working with PG&E, Ashbritt, ECC, Ceres Environmental, Army Corps, CalRecycle and many other state, county and local public works departments, WEI participated in all phases of recovery and hazard mitigation. WEIʼs skilled and experienced operators work productively, efficiently, and most importantly, safely, to fulfill the goals and objectives of each project we undertake.
WEI has always considered involvement in the community to be paramount to our goals and objectives. Supporting youth sports like Pop Warner Football, volunteering our time and energy at the annual Sierra Cascade Logging Conference, supporting, and advocating for the Heavy Equipment Program at Shasta College. WEI values the involvement of our company as well as our employees in the betterment of their communities.
WEI began its work in Paradise and Magalia with PG&E and Ashbritt, providing equipment and expertise in the initial phases of fire clean up aȦer the 2018 Camp Fire. Once the power lines were back up and the debris clean up began, WEI opened a temporary green waste collection and processing facility in Magalia. WEI accepted trees and vegetative debris from the public and began working closely with the Butte County Fire Safe Council (BCFSC) on the Rotary Tree Hazard Tree Mitigation Project. WEI removed and processed thousands of trees while partnering with the community and the BCFSC. WEI also worked with Dan Efseaff and the Paradise Parks Department to cut and remove fire damaged trees and debris from hundreds of acres of city owned park property.
Over the last 6 years of recovery, WEI has worked hand in hand with BCFSC, Butte County RCD, Paradise Parks Dept, American Forest Foundation, My Sierra Woods, BLM and hundreds of local private landowners to restore some of what was lost in the terrible firestorm that was the Camp Fire. WEI continues to work with the BCFSC on rehabilitation and fuels reduction projects in Paradise and Magalia and would look forward to the opportunity to partner with the Town of Paradise (TOP) and BCFSC in the execution of this final phase of hazard tree removal. 244
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Local Paradise Benefit
Warner Enterprises has been committed to showing support to Paradise and its recovery efforts following the 2018 Camp Fire. Although our company does not originate in Paradise, CA we have had a presence and been participating with this rehabilitation for numerous years, building strong ties within the community and lasting relationships with local subcontractors, vendors, sawmills, and other end-use facilities.
Having strong ties to many entities and landowners within the community, the companies who have come together for this project are deeply rooted in Paradise and are steadfast in their support of the town's recovery. It is a priority to our team to represent ourselves in a professional manner and provide quality services to our community. Utilizing local personnel and subcontractors not only provides a level of extra care for the community, but their familiarity with the terrain, and connection to local resources, add to the overall effectiveness of our team. We understand the sensitive nature of this recovery and have the shared goals of providing service above-and-beyond customer expectations, effective communication, and respect for public and private properties.
If awarded this contract, it is our expectation to purchase all parts, tools and materials, fuel, dining and groceries, and necessary lodging for the completion of work within the town limits. We will strive to promote the economic health of Paradise through such purchases in order to further benefit the recovery efforts. Warner Enterprises and its local subcontractors are confident that we can exceed expectations and provide safe, professional, timely, and cost-effective services to the Town of Paradise, BCFSC, and local community.
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Key Personnel
Our carefully selected key personnel have extensive experience on similar FEMA funded projects throughout the State of California. These projects have included some of the largest hazard tree and debris removal contracts that have historically been performed aer the catastrophic wildfires within the last decade. We feel that our combined experience will provide a one-of-a-kind value of skills and expertise to TOP and the local community to ensure our work exceeds expectations. Below were the positions held within the Incident Command Structure or subcontractor held positions on each of the contracts performed.
Gary Warner – Senior Project Manager, 30 yearsʼ experience Gary has over 30 years of experience managing thousands of acres of forest health projects. In 2014, he was awarded SCLC Logger of the year, is an Industry Representative of the Shasta Community College Heavy Equipment Program, and Board Member and Committee Chair of the Sierra Cascade Logging Conference. He specializes in business operations, business development, expansion strategies and implementation within the industry.
Licenses | Certifications | Education
− B.A. Degree in Communications
− Licensed Timber Operator (LTO)
− ACL Prologger Certification
− Butte County BDO Independent Review Committee Member
− CalFire Incident Awareness for Hired Vendors
− Board Member and Committee Chair for Sierra Cascade Logging Conference − Advisory position Shasta College Heavy Equipment Program − Member of Associated California Loggers and Loggerʼs Association of Northern California Roles | Responsibilities
● Operational, logistical management, and coordination of hazard tree removal activities ● Implements long and short-term plans to meet schedules and deadlines ● Review documented project progress for the entirety of the contract, adjusting schedules and targets on the project as necessary
● Ensures that contract specifications are being met
● Makes effective decisions on budgeting and contract negotiations ● Actively communicates with the BCFSC/TOP and provides cooperative problem solving to mitigate any issues that arise
● Evaluate Billing and Invoicing for accuracy, making any necessary revisions before submission Relevant FEMA Funded Project Experience
❖ Project Manager - 2018, Valley Fire Hazard Tree Mitigation Phase I & II Project, Lake County, CA ❖ Project Manager - 2018, USACE Fire Mission - Tubbs Fire Debris Removal, Sonoma & Napa Counties, CA ❖ Project Manager - 2019, Hazardous Tree Removal Services Carr Fire, Shasta County, CA ❖ Project Manager, Trucking Subcontractor - 2019, Camp Fire Debris Removal, Paradise, CA ❖ Project Manager, Trucking Subcontractor - 2020, Camp Fire Hazard Tree Removal, Paradise, CA 246
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Joe Williamson - Project Manager, 15 yearsʼ experience
Joe has experience ranging from performing timber harvest preparation to managing large-scale forestry and natural disaster contracts concurrently. He has an abundance of knowledge of US Forest Service contracts including, hazard roadside salvage, mechanical thinning, mastication, grapple piling, hand thinning and piling, and new road construction/reconstruction.
Licenses | Certifications | Education
− Licensed Timber Operator (LTO)
− ISA Certified Arborist
− Tree Risk Assessment Qualification
Roles | Responsibilities
● Operational, logistical management, and coordination of hazard tree removal activities ● Implements long and short-term plans to meet schedules and deadlines ● Review documented project progress for the entirety of the contract, adjusting schedules and targets on the project as necessary
● Ensures that contract specifications are being met
● Makes effective decisions on budgeting and contract negotiations ● Actively communicates with the BCFSC and provides cooperative problem solving to mitigate any issues that arise
● Evaluate Billing and Invoicing for accuracy, making any necessary revisions before submission Relevant FEMA Funded Project Experience
❖ Project Manager - 2017,Redwood Valley Debris Removal, Redwood Valley, CA ❖ Project Manager - 2019, Camp Fire Debris Removal, Paradise, CA ❖ Project Manager - 2020, Camp Fire Hazard Tree Removal, Paradise, CA ❖ Project Manager - 2021, 2021 Fires: Structural Debris & Hazardous Tree Removal, Lassen, Plumas, Siskiyou, Tehama, and Trinity Counties, CA
❖ Project Manager - 2022, Oak Fire Structural Debris & Hazardous Tree Removal, Mariposa County, CA Bryant Brogan - Safety Manager, 10 yearsʼ experience
Bryant has managed WEIʼs safety program for 10 years. WEIʼs proactive safety protocols have resulted in 0 injuries and 0 lost workdays in more than 7 years. WEI maintains an experience modification rating of 63% and actively hires and trains to continue this extraordinary record of safety and worker productivity.
Licenses | Certifications | Education
− First Aid/CPR certification
Roles | Responsibilities
● Responsible for ensuring that regulatory requirements and industry best practices are met ● Regularly review and update safety protocols to address emerging risks ● Conduct thorough risk assessments to identify potential hazards ● Establish protocols for ongoing risk evaluation and management ● Develop and implement emergency response plans
● Conducts safety tailgate meetings in the field and performs routine check-ins with Hazard Tree Removal Crews to ensure jobsite safety for employees, clients, and public 247
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Paul Warner – Project Coordinator/Registered Prof Forester, 55 yearsʼ experience Paul has over 55 years working in the forest industry, founding WEI with a vision to maximize the effectiveness and reduce costs of forestry management through a holistic approach using creativity, collaboration, technology, and scale. He is a pioneer in the forestry industry in California and brings his extensive expertise to benefit any project.
Licenses | Certifications | Education
− B.S. Forestry Cal Poly Humboldt
− Registered Professional Forester #482
− 45 years in business in all phases of forest management and fire technology − CalFire Engineer
− Forester for Pacific Gas and Electric Company
Roles | Responsibilities
● Provides overall project coordination including planning, hazard tree removal activities, and haul-off to end use facilities.
● Aid the Project Manager, Superintendents, and Hazard Tree Removal crews in developing sound and actionable plans to mitigate hazard trees in close proximity to protected areas, along steep slopes, or near riparian areas and stream courses in accordance with the California Forest practice Rules and Best Management Practices.
● Work with the client Foresters, Archaeologists, Biologists, and Tribal Monitors to alleviate any issues arising from CalFire Exemptions, In Lieu Practices, the California Forest Practice Rules and/or the protection of resources.
Relevant FEMA Funded Project Experience
❖ Project Coordinator - 2018, Valley Fire Hazard Tree Mitigation Phase I & II Project, Lake County, CA ❖ Project Coordinator - 2018, USACE Fire Mission - Tubbs Fire Debris Removal, Sonoma & Napa Counties, CA
❖ Project Coordinator - 2019, Hazardous Tree Removal Services Carr Fire, Shasta County, CA ❖ Project Coordinator, Trucking Subcontractor - 2019, Camp Fire Debris Removal, Paradise, CA ❖ Project Coordinator, Trucking Subcontractor - 2020, Camp Fire Hazard Tree Removal, Paradise, CA DJ Gomes - Hazard Tree Removal Superintendent, 19 yearsʼ experience DJ has almost 20 years of experience in the residential and commercial tree industry. He has extensive experience managing multiple projects on a small and large scale. In addition to standard tree work, DJ provides emergency response efforts for storms and natural disasters. He serves his hometown and surrounding areas by performing volunteer work and has a large presence in the local community.
Licenses | Certifications | Education
− Licensed Timber Operator (LTO)
− Pest Control License
− Paradise Chamber of Commerce Member
− Associated California Logger Member
Roles | Responsibilities
● Supervises Hazard Tree Removal crews in the field, including tree removal, wood management, and haul-off
● Problem solves site specific issues and makes sure crew is achieving production goals ● Trains personnel in using proper felling techniques, equipment operation, and overall safety ● Coordinates removal of material associated with each site ● Implements contractual specifications in the field, attentive to the protection of resources and existing infrastructure
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Shane Evans - Hazard Tree Removal Superintendent, 6 yearsʼ experience Shane has a wide range of management experience on large-scale projects performing post-fire hazardous tree removal and US Forest Service Contracts. He specializes in high production logging and technical tree removal, along with excelling in planning, logistics, and boots on ground operational management.
Licenses | Certifications | Education
− Licensed Timber Operator (LTO)
− OSHA 30
− CalFire Incident Awareness for Hired Vendors
Roles | Responsibilities
● Supervises Hazard Tree Removal crews in the field, including tree removal, wood management, and haul-off
● Problem solves site specific issues and makes sure crew is achieving production goals ● Trains personnel in using proper felling techniques, equipment operation, and overall safety ● Coordinates removal of material associated with each site ● Implements contractual specifications in the field, attentive to the protection of resources and existing infrastructure
Relevant FEMA Funded Project Experience
❖ Operator/Driver - 2019, Camp Fire Debris Removal, Paradise, CA ❖ Operator/Driver - 2020, Camp Fire Hazard Tree Removal, Paradise, CA ❖ Crew Foreman - 2021, 2021 Fires: Structural Debris & Hazardous Tree Removal, Lassen, Plumas, Siskiyou, Tehama, and Trinity Counties, CA
❖ Crew Foreman - 2022, Oak Fire Structural Debris & Hazardous Tree Removal, Mariposa County, CA Charles Petersen – Project Engineer/Data Specialist, 5 yearsʼ experience Charles has a diverse set of skills, ranging from data management and analysis to project and contract management. He has experience in project tracking, documentation, and record keeping for the analysis of operational data in scheduling, budgeting, forecasting, invoicing, quality control and overall implementation of contractual specifications. He has experience developing systems, training staff, and troubleshooting the collection of field data efficiently and accurately.
Licenses | Certifications | Education
− PHD, Mathematics
Roles | Responsibilities
● Designs processes for proper data collection and efficient analysis of all project data, including: pre and post site inspections, daily crew and hauling dispatch, and hazard tree removal ● Performs audits, reconciliation, and quality control of all data managed ● Analyzes project data to support the operational management team on budgeting, forecasting, and scheduling decisions
● Reconciles subcontractor, hauling, and end-use billing ● Tracks and documents project progress and prepares invoicing Relevant FEMA Funded Project Experience
❖ Project Engineer - 2020, Camp Fire Hazard Tree Removal, Paradise, CA ❖ Project Engineer - 2021, 2021 Fires: Structural Debris & Hazardous Tree Removal, Lassen, Plumas, Siskiyou, Tehama, and Trinity Counties, CA
❖ Project Engineer - 2022, Oak Fire Structural Debris & Hazardous Tree Removal, Mariposa County, CA 249
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Emilie Jellema - Planning/Quality Control Manager, 10 yearsʼ experience Emilie has almost a decade of experience in the forestry industry planning and coordinating operations on high profile post-fire remediation projects within California. She provides a copious number of skills ranging from personnel management to trucking logistics. She has experience in supporting the execution of a variety of types of post-fire remediation contracts for the US Forest Service and CalOES/CalRecycle.
Licenses | Certifications | Education
− ISA Certified Arborist
− ISA Utility Specialist
− Tree Risk Assessment Qualification
Roles | Responsibilities
● Supervises QC team to perform reconnaissance before operations commence to identify equipment to be utilized, potential hazards, and document any other pertinent information to relay to the crews, management, or BCFSC personnel
● Proposes runways for specific crew types to ensure more efficient operations ● Assists crew in troubleshooting issues regarding tree specifications and/or locations ● Supervises QC team to verify that aer each parcel is completed to contractual requirements Relevant FEMA Funded Project Experience
❖ Project Coordinator - 2019, Camp Fire Debris Removal, Paradise, CA ❖ Planning Chief/QC Manager - 2020, Camp Fire Hazard Tree Removal, Paradise, CA ❖ Planning Chief/QC Manager - 2021, 2021 Fires: Structural Debris & Hazardous Tree Removal, Lassen, Plumas, Siskiyou, Tehama, and Trinity Counties, CA
❖ Planning Chief/QC Manager - 2022, Oak Fire Structural Debris & Hazardous Tree Removal, Mariposa County, CA
Mike Santuccio – Registered Professional Forester, 40 yearsʼ experience Mike has a broad range of experience providing professional forestry services for clients such as CalFire, the US Forest Service, PG&E, Fire Safe Councils, CalRecycle, and private landowners. He is currently a Grader for the California Professional Foresters exam for the Board of Forestry and Fire Protection and participates in mentorship programs for College of the Redwoods.
Licenses | Certifications | Education
− Registered Professional Forester License #2553
− Archaeology Training Certification CLFA 2023
− A.S. Fire Science, Butte College/B.S. Forest Resource Management, Humboldt State University Roles | Responsibilities
● Aid the Project Manager, Superintendents, and Hazard Tree Removal crews in developing sound and actionable plans to mitigate hazard trees in close proximity to protected areas, along steep slopes, or near riparian areas and stream courses in accordance with the California Forest practice Rules/BMPʼs. ● Works with the client Foresters and to alleviate any issues arising from CalFire Exemptions, In Lieu Practices, the California Forest Practice Rules and/or the protection of resources.
Relevant FEMA Funded Project Experience
❖ Registered Prof. Forester - 2020, Camp Fire Hazard Tree Removal, Paradise, CA ❖ Registered Prof. Forester - 2021, 2021 Fires: Structural Debris & Hazardous Tree Removal, Lassen, Plumas, Siskiyou, Tehama, and Trinity Counties, CA
❖ Registered Prof. Forester - 2022, Oak Fire Structural Debris & Hazardous Tree Removal, Mariposa County, CA
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Subcontractors
All local subcontractors listed below are committing exclusively to Warner Enterprises for this contract if awarded.
Crossfire Tree & Vegetation Services
Crossfire is a local Paradise company which originated in 2005. They have provided fire prevention and tree services on thousands of acres, including large hazardous fuel reduction projects and shaded fuel breaks within and in surrounding areas of Paradise. Their clients include apartment complexes, commercial and residential property owners, municipalities, and utility providers. Their primary focus is to meet the needs of clients by leveraging their years of experience as a licensed tree service and fire prevention contractor to make expert recommendations. For each project, they develop a systematic approach to complete the task at hand efficiently. Crossfire Tree & Vegetation Services stands by their core values of honesty, integrity, and hard work. They ensure their clients feel heard, treated fairly, and receive excellent service.
Mike Goggia Tree Service
Mike Goggia Tree Service performs all phases of both residential and commercial tree work within Paradise, CA for the last 30 years. Mike specializes in all areas of tree care including trims, pruning, and full removals. Along with tree removal, Mike Goggia provides production timber falling for Jeff Rolls Logging. They have many clients within the town, public and private, and pride themselves on assisting in the Camp Fire recovery efforts.
West Branch Tree Service
West Branch Tree Service was established in 2017, by Jacob Brownlee, a Paradise/Magalia local. He provides full-service tree removal services for private and commercial clients within the community.
He has specialty equipment, including a bucket truck, which enables him to perform more technical removals. Since the Camp Fire, he has been assisting landowners in recovery efforts to bring their properties back to a safe and healthy environment.
Tom's Tree Service
Tomʼs Tree Service is a fully licensed and bonded tree care company established in Paradise in 1980.
Additionally, they have ISA TRAQ certified arborists on staff which enables them to perform Tree Risk Assessments. They specialize in hazard tree removals, pruning, removal, spraying for pest and disease, fertilizing to keep trees strong, plant health care, including cabling and bracing. They have been a huge part of the tree care industry within Paradise and Magalia for decades and pride themselves on continuing to serve the community bringing excellent tree care. 251
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Gibson Tree Service
Gibson Tree Service has 10 years of local experience in the Paradise area providing services such as tree assessment, pruning, planting, removal, stump grinding, and training. They pride themselves on integrity, community, teamwork, quality, and sustainability. Although Gibson Tree Service is based out of Oroville, CA, the majority of their work since establishment has taken place up on the ridge. They provide many local contributions including donations to the Paradise Alliance Church, performing litter removal, free firewood donations to low-income families, and other Camp Fire charitable contributions. They look forward to being able to continue to serve the community and hope to have the opportunity to be a part of restoring Paradise. Gibson Tree Service is proudly Veteran owned and operated.
All Things Trees
All Things Trees was founded by James and Amanda Clark in Paradise in 2016. James has a passion for trees - he is an ISA Certified Arborist (#WE11572A) and an avid tree climber. They have a small, highly skilled, efficient crew who truly enjoy making the Ridge a safer place for all. All Things Trees are proud to say they have never lost hope for the Ridge. They returned immediately to continue raising their young children, rebuild their business, and support their community. All Things Trees provides their clients with a wide range of services ranging from pruning and cabling for maintenance, to tree removals, lot clearing and stump grinding.
North Fork Enterprises
Originated in 2020 and based out of Paradise, CA, North Fork Enterprises provides professional consulting services for forest management and natural disaster recovery contracts throughout California. NFEʼs personnel have held key positions in many large-scale FEMA funded post-fire mitigation projects including the Camp Fire, Dixie Fire, and Oak Fire. They will be assisting Warner Enterprises in project management, project planning and quality control, data collection, tracking, and reconciliation. They have extensive experience across various project scales, scopes of work, and clients which has given them the capability to manage a wide spectrum of projects.
Examples of size and scale of projects managed:
− Park FIre Hazard Tree Mitigation IRSC - 698 Acres (24.3 Miles) Roadside Hazard Felling − Bear Trap SSC - 290 Acres (8 Miles) Roadside Hazard Felling, 139 Acres Mastication, 145 Acres Hand Cut & Pile
− Camp Fire Hazard Tree Removal Project - 38,466 Trees
− 2021 Fires: Structural Debris & Hazard Tree Removal - 5 Counties, 985 Parcels, 22,596 Trees, 212,231 Debris Tons, 3,459 Truck Loads
− Oak Fire Structural Debris & Hazard Tree Removal - 158 Parcels, 2,906 Trees, 39,527 Tons, 3,459 Truck Loads
− USFS Plumas IRSC - 2,906 Acres Cut, Skid & Deck, 36,000 Tons, 1,440 Truck Loads 252
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Mike Santuccio - Private Forestry Consultant
Mike Santuccio is a local Registered Professional Forester that provides forestry consulting services in Paradise, Ca and surrounding areas. He was a firefighter for CalFire and worked his way up to a Deputy Chief from 1979 to 2012. AȦer CalFire he has worked for many different entities and in recent years has been providing private consulting for CalRecycle/CalOES FEMA funded natural disaster projects, local Fire Safe Councils, the National Forest Foundation, and the US Forest Service. He participates in the Forestry Mentorship Program for College of the Redwoods and is also a Grader for the California Professional Forestry Exam. In recent years he has worked with the key personnel that will be participating on this contract if awarded from North Fork Enterprises on post-fire hazard tree mitigation projects including the Camp Fire, Dixie Fire, and Oak fire.
Supplemental Subcontractors:
● Traffic Control - Statewide Safety Systems
● Crane Services - Maxim Crane Works
● Street Sweeping - Plus Sweeping
● Debris Hauling - Justin Rolls Logging, Inc.
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Organizational Chart
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Equipment & Resources Available
AȦer our thorough reconnaissance of both the West and East branches of the project our team anticipates the use of four different crew types, depending on location and terrain, to complete the scope of work detailed in the request for proposals. We foresee that the majority of work will be performed by Crew Type 1 and anticipate that Crew Types 2, 3, and 4 will be assigned specific parcels where their technical expertise and equipment are needed. The number of personnel and type of equipment may vary due to the condition of each site, the needs of each of its individual trees, and the resources and/or infrastructure needing protection. To reduce the potential for property damage we anticipate utilizing rubber-tracked machines for the bulk of sites within the project area.
Below are examples of each crew build-up, the number of crews available, and estimated daily production:
Crew Type 1:
Estimated production: 25 trees/day
Hand Falling Crew - Capable of directional felling trees using wedges, jacks, and other cutting techniques to perform high production tree removal.
− Hand Faller
− Sawman/Groundsman
− Skidsteer w/Operator
− Pull-Behind Chipper
− Crane, Bucket Truck, or liȦ (as needed)*
Crew Type 2:
Estimated production: 15 trees/day
Climbing Crew - Capable of removing technical trees threatening infrastructure or other sensitive areas due to close proximity by directional felling and rigging with the use of ropes, bucket trucks, cranes, or other specialty tree equipment.
− Lead Climber
− Secondary Climber
− Skidsteer w/Operator
− Sawman/Groundsman
− Pull-Behind Chipper
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Crew Type 3:
Estimated production: 70 trees/day
Logging Crew - Capable of performing tree removal operations on larger parcels with higher tree counts where cutting, skidding, and decking of material allows. This crew will also be primarily responsible for conducting all operations where in lieu practices are required. − Hand Faller
− Hand Faller/Sawman
− Skidder w/ Operator
− Heel Boom w/Operator
Crew Type 4:
Estimated production: 30 trees/day
Tracked Chipping Crew - Capable of assisting all other crews where chipping larger material and/or quantity of material allows. This crew will be implemented depending on site conditions and terrain to increase productivity.
− Excavator w/Operator
− Tracked Chipper
Crew Availability Summary
Contractor # Crews Available
Crossfire Tree & Vegetation Services (1) Crew Type 1, (1) Crew Type 2, (1) Crew Type 4 Mike Goggia Tree Service (1) Crew Type 1, (1) Crew Type 2 West Branch Tree Service (1) Crew Type 1, (1) Crew Type 2 Tomʼs Tree Service (1) Crew Type 1, (1) Crew Type 2
Gibson Tree Service (1) Crew Type 1, (1) Crew Type 2
All Things Trees (1) Crew Type 1, (1) Crew Type 2
Warner Enterprises, Inc. (2) Crew Type 3, (2) Crew Type 4 *If necessary, we have the ability to add additional resources if requested by the BCFSC/TOP 256
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Freight Equipment List
Type Size Year Make Model Tracked/
Wheeled #
Owned/
Leased/
Rented
Heel Boom 35 TON 2004 CAT 320C Tracked 1 Owned
Heel Boom 35 TON 2020 CAT 538LL Tracked 1 Owned
Heel Boom 35 TON 2016 Doosan 225 Tracked 1 Owned
Heel Boom 20 TON 2006 Link-Belt 160 Tracked 1 Owned
Heel Boom 20 TON w/
Winch 2012 Link-Belt 160 Tracked 1 Owned
Excavator 22 TON 1995 Hitachi 200Z Tracked 1 Owned
Excavator 17 TON 2020 Takeuchi TB2150 Rubber-Tracked 1 Owned Excavator 15 TON w/
Grapple 2019 Link-Belt 145 Tracked 3 Owned
Excavator 5 TON w/
Grapple 2016 Bobcat E45 Tracked 1 Owned
Dozer 15 TON 1998 CAT D5M Tracked 1 Owned
Skidder 25 TON 1997 CAT 527 Tracked 1 Owned
Skidder 25 TON 2015 John Deere 848L Wheeled 2 Owned
Skidder 20 TON 2002 CAT 545 Wheeled 1 Owned
Skidder 20 TON 2017 John Deere 748L Wheeled 1 Owned
Skidsteer 120 HP 2019 ASV 120 Rubber-Tracked 1 Owned
Skidsteer 112 HP 2019 Takeuchi TLR12 Rubber-Tracked 1 Owned Skidsteer 105 HP 2023 Bobcat T86 Rubber-Tracked 2 Owned Skidsteer 99 HP 2019 Bobcat T870 Rubber-Tracked 1 Owned Skidsteer 98 HP 2023 CAT 299D3 Rubber-Tracked 1 Owned
Skidsteer 95 HP 2016 CAT 299D2 Rubber-Tracked 1 Owned
Skidsteer 92 HP 2020 Bobcat T770 Rubber-Tracked 1 Owned Skidsteer 92 HP 2017 Bobcat T770 Rubber-Tracked 1 Owned Skidsteer 92 HP 2019 Bobcat T770 Rubber-Tracked 3 Owned Skidsteer 90 HP 2018 John Deere 331 Rubber-Tracked 1 Owned 257
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Type Size Year Make Model Tracked/
Wheeled #
Owned/
Leased/
Rented
Skidsteer 75 HP 2017 CAT 259D Rubber-Tracked 1 Owned
Skidsteer 66 HP 2020 Bobcat T590 Rubber-Tracked 1 Owned Skidsteer 25 HP 2021 Bobcat MT100 Rubber-Tracked 1 Owned Loader 25 HP 2021 Bobcat L28 Wheeled 1 Owned
Grinder 500 HP 2021 Morbark 3600 Tracked 1 Owned
Chipper 20 IN 2009 Morbark 30/36 Trailer Mounted 1 Owned Chipper 20 IN 2018 Morbark 20R Tracked 1 Owned
Chipper 19 IN 2019 Bandit 19XPC Tracked 1 Owned
Chipper 18 IN 1998 Bandit 280XP Tow Behind 1 Owned
Chipper 15 IN 2019 Vermeer BC1500 Tow Behind 3 Owned
Chipper 12 Inch 2018 Vermeer BC1000 Tow Behind 2 Owned
Crane 130 TON 2018 Link-Belt/Te
rex
RT130 Rough
Terrain
Wheeled 1 Rented
Aerial Lift 87 FT 2020 Easy Lift 87-48AJ Tracked 2 Owned Aerial Lift 70 FT 2022 Nifty Lift SD64 Wheeled 1 Owned
Bucket Truck 75 FT 2018 Freightliner M2 Wheeled 1 Owned Bucket Truck 60 FT 2008 GMC 2800 Wheeled 1 Owned
Grapple
Truck
40 YD 2020 Freightliner 114SD Wheeled 1 Owned
Grapple
Truck
50 YD 2020 Peterbilt 567 Wheeled 1 Owned
Grapple
Truck
78 YD 2020 Peterbilt 386 Wheeled 1 Owned
Chip Truck 14 YD 1999 Ford F350 Wheeled 1 Owned
Chip Truck 14 YD 2008 GMC Topkick Wheeled 1 Owned
Water Truck 4000 GAL 1999 Freightliner FLD 120 Wheeled 1 Owned Water Truck 2000 GAL 2011 Ford 750 Wheeled 1 Owned
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Type Size Year Make Model Tracked/
Wheeled #
Owned/
Leased/
Rented
Water Trailer 300 GAL 2020 Custom Custom Trailer Mounted 1 Owned Fire Box 300 GAL 2023 FyreBx T3 Skidsteer
Attachment
1 Owned
Lowbed 25 FT 2008 Kenworth T800 Wheeled 1 Owned
Lowbed 25 FT 2014 Kenworth T680 Wheeled 1 Owned
Service Truck Class 8 w/
Crane
2020 Peterbilt 337 Wheeled 1 Owned
Crew Truck Class 5 2020 Ford F550 Wheeled 2 Owned
Crew Truck Class 3 2020 Ford F350 Wheeled 1 Owned
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Understanding & Work Approach
Statement of Availability to Perform
Warner Enterprises and its subcontractors have no conflicting obligations that would prevent them from timely completion of this contract. If awarded, WEI will mobilize our Project Management team within 48 hours of Notice to Proceed (NTP) and/or Initial Work Order (WO). Within 5 working days of the NTP/WO, WEI will deploy up to 5 Hazard Tree Removal Crews for each branch area.
We anticipate our team collectively cutting and removing an estimated 31 trees per crew per day, over approximately 340 crew days. These estimated production rates will allow for our crews to complete the project within three to four months, depending on the number of crews working and the rate at which work orders become available. Our team will add additional crews beyond the 10 required as necessary to expedite production and assure timely completion of the project.
If considered best value to the Town of Paradise and the local community, WEI would like to be considered for an award of both the East and West branches of Paradise. Not only are the majority of our key personnel locals to Paradise, but WEI would be utilizing an abundance of local subcontractors and other local resources to complete this project. We are confident our team can handle the size and scale of both branches and our available resources have the experience and expertise to execute this scope of work. We believe this proposal will deliver TOP the most efficient and cost-effective services, while also providing extra care to our local community by utilizing hometown crews and resources.
Potential Benefits of a Single Award
● One point of contact for the BCFSC/TOP
● Reduction of mobilization of specialty equipment
● Ability to divert resources as needed between both branches ● Reduce the overhead cost of management, biologist/archeologist, and field coordinators ● Less risk of crew delays, can shiȦ crews to either branch to continue operations if necessary ● More work orders for the local subcontractors participating in our proposal ● Higher trucking efficiency to ensure trucks stay mobilized If TOP elects to award two prime contractors, WEI requests a preference for the East Branch of Paradise due to the unique challenges, stream courses, and high-volume parcels. Our teamʼs capability has been proven on similar projects in the past. WEI has both the equipment and experience to navigate in lieu practices and overcome challenges that may arise on this portion of the project. WEI believes if the project is divided that our team would provide maximum benefit to TOP if awarded the East Branch. 260
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Planning
Warner Enterprises understands the importance of the communication command structure when performing projects at this scale and complexity. Our Project Manager(s) will act as the main point of contact to the TOP/BCFSC, providing coordination, updates on progress, and assisting in finding solutions to any issues that may arise.
If awarded, WEI anticipates performing a thorough pre-inspection of each parcel released by the TOP/BCFSC via a Work Order. Our team will inspect each property, checking for flagging of boundaries, infrastructure, sensitive areas, potential hazards, access issues, and traffic control needs. If access is needed from an adjacent parcel not signed up for the program to safely remove a tree or accelerate production, we will notify the TOP/ BCFSC and request a “Right of Access” for said parcel. We anticipate acquiring all necessary permits during the initial pre-inspection phase of the project to ensure that the crews are able to begin operations promptly upon mobilization to the project.
During our reconnaissance of the project, we have observed many trees are missing paint and/or tree tags. We will work together with the TOP/BCFSC providing any assistance necessary to locate each tree and ensure each parcel is ready, streamlining operations.
In addition to verifying the information above, we will visually inspect the site to prescribe what equipment will be most suitable to perform operations, planning chipping and haul-off logistics, and the possible BMPs required for the specific site conditions. During this inspection we will attempt to identify any pre-incidental, live, or dead trees within striking distance of PG&E infrastructure and report these findings to the TOP/BCFSC. Our team will provide a 48-hour notice to landowners before commencing work.
Our key personnel have performed many projects requiring alternative methods to remove hazard trees that typically would not be eligible for removal under the California Forest Practice Rules within FEMA funded projects. When these issues arise our Project Manager, Superintendent, and RPF will work together to assess the specific site and put a plan together to propose the best course of action to mitigate these hazards. In past projects we have created a written plan for a desktop review prior to authorization. Many sites would require a field meeting with the applicable agencies (CalFire, the Water Board, and Fish and Wildlife) for additional comments or considerations. Only once all modifications have been considered and/or altered and all agencies have consented to the proposed work plan we will move forward to execute operations. These sites typically require additional erosion control methods which will be determined in the approval process and implemented during and aȦer operations take place.
Identification of Work Orders having trees designated for lop and scatter will be vital in the planning process. If the lop and scatter trees are approved, we would plan on developing a crew to specifically tackle the work orders where slope, brush, and terrain will challenge the safety and ability of the fallers to complete these trees. Additional resources will be provided to ensure the proper support and 261
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safety in mitigating these hazards. WEI is confident our team has the experience and individuals needed to meet the specifications required by the TOP/BCFSC in completing this scope of work.
It is of extreme importance to show respect to the surrounding environments, archaeological and cultural resources, the local ecosystems, and the overall health of the public. When performing work, we always make it a point to keep good lines of communication open with any external agencies involved to ensure the right protection measures are in place and collectively work to mitigate any issues that may arise.
Hazard Tree Removal Operations
Our Superintendent and pre-inspection team will assess the available parcels and work together to ensure that each property is assigned to the proper crew. We plan to work with the TOP/BCFSC to develop runways of parcels for each crew to ensure the project is progressing in an safe, productive, and efficient manner.
AȦer the pre-inspection phase of the project, but before operations begin on each parcel, a 360-walk of the parcel by the Crew Foreman will take place. The Crew Foreman will confirm their work approach and observe any potential hazards or other safety concerns and record these findings on their site-specific Job Site Analysis (JSA). Equipment inspection will take place before operations begin at each site to ensure that all machines are in proper working condition and not showing signs of leakage.
WEI crews will operate within the hours of 7:30 am to 6:00 pm. Crews will work together to assess/request pre-incidental trees, mitigate all standing hazard trees, and process material for skidding and efficient removal to a safe location for hauling. We anticipate our cutters having the ability to relocate to the next Work Order to begin felling operations once all material has been processed for the wood management portion of the crew. We will work in a cohesive manner to support each other's work activities to allow for an efficient felling, wood management, and removal process meeting contractual requirements, Forest Practice Rules, and Town of Paradise Municipal Codes. All stumps will be cut and leȦ no more than 10” in height. Chipping will be required for some parcels, especially sites needing additional erosion control. Chips will be spread throughout the disturbed area (excluding building footprints) not exceeding 4ʼʼ in depth.
All crews will work diligently to ensure existing infrastructure is identified and protected before and during our operations. Many locations observed during our field review require alternative methods in order to remove all the associated material. Our team will work together to identify these issues and will have a plan in place implementing required machines and/or haul trucks to safely remove the specific trees. Any post incidental trees damaged during operations will be removed at no cost by WEI.
WEI will ensure during operations all crews be provided proper sanitation facilities either onsite or in close proximity. In addition, dust control mitigation will be implemented, and roads will be kept clean where necessary with a street sweeper.
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During operations our crews will work closely with our management team and the TOP/BCFSC representatives to ensure that all activities are conducted in compliance with the Forest Practice Rules.
We anticipate each work order to be prepared and a plan in place before operations begin. However, if unexpected situations occur (discovery of arc sites etc.), having been overlooked in the pre-inspection phase, our crews will immediately cease work and notify their Superintendent. The Superintendent or Project Manager will be responsible for notifying the TOP/BCFSC representatives and our management team of any issues arising from the crews. Our team will work collectively with the TOP/BCFSC representatives to ensure a proper plan is in place to mitigate any new findings.
Data Collection & Project Tracking
Warner Enterprises will provide a full-time Project Engineer, making it achievable to obtain accurate and up-to-date data on progress in hazard tree removal, hauling, and end-use across all Hazard Tree Removal Crews. Our Project Engineer will work with the Hazard Tree Removal Crews, Superintendents, Quality Control Manager, and TOP/BCFSC to ensure the proper utilization of the ArcGIS Field Maps feature access hosted by the TOP/BCFSC and will troubleshoot in the field as needed. During operations, Field maps will not only be used to help locate and distinguish each enrolled tree by its characteristics (GPS, species, DBH, and height), but to document the removal status (chipped on-site, Lop & scattered, or removed to an approved end-use facility) and stump photo with tree tag ID of each enrolled tree once felled. In addition, the Hazard Tree Removal Crews will assist in documenting any necessary notes and identify the presence of new or existing damage.
Beyond the use of the TOP/BCFSC hosted Field Maps to track hazard tree removal, our teams will schedule daily virtual meetings to communicate progress and address any issues pertaining to operations. We plan to implement a detailed dispatch report submitted routinely by the Superintendents and/or Crew Foreman. This model will ensure that each crew is on track with the target production goals, assist management in making on-the-fly operational adjustments, and provide backup data for tree removal reconciliation if the need arises.
Hauling to end-use will be tracked via daily truck tags. As required each tag will document the respective loads hauled that day. Apart from haul times, all addresses contributing to each specific load will be documented and have the end-use certified weight slip attached. We are confident that we can provide accurate and detailed data to the TOP/BCFSC in a timely manner for progress tracking, documentation, and invoicing necessary for FEMA Funding requirements. 263
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Quality Control
Warner Enterprises plans to perform quality control during all phases of operations. Our Superintendent, RPF, and/or other management team members will periodically check each parcel or area of work to ensure that we are meeting the specifications and contractual requirements given by the TOP/BCFSC. If any marked trees are missed or material leȦ onsite needing removal, WEI will coordinate with the TOP/BCFSC to redirect our crews to complete these tasks.
Our Quality Control team will perform daily inspections of completed work for each crew. We plan to utilize ArcGIS to digitally track progress and visually inspect the work being performed. Reconciliation of data will take place by our management team to ensure all cut trees/stumps are accounted for. All crews will be outfitted with tablets or smartphones with access to Field Maps/ArcGIS to verify that we are operating within the boundaries and abiding by the restrictions for sensitive areas within the contract.
AȦer each parcel is complete and visually inspected/QCʼed by our Quality Control or management team, TOP/BCFSCʼs Project Manager will be notified to schedule an inspection for final completion sign-off.
Damages
Warner Enterprises and its subcontractors will take all possible measures to avoid any damage to private or public property throughout the duration of the contract. With local subcontractors being utilized, we see less risk of damages versus using crews from out of the area. Our team's shared values make us confident that extra caution will be provided to each landowner, private, and public property.
Each Hazard Tree Removal Crew will take before and aȦer photos of threatened infrastructure that is in close proximity to our operations. If any damage is created during operations, we will have a protocol in place to notify the TOP/BCFSCʼs Project Manager as soon as possible. We will work with each landowner and the TOP/BCFSC to come to an agreement on how to resolve any issues that may arise.
All damages deemed the fault of WEI will be repaired at our expense within 10 working days aȦer notification of the TOP or BCFSC.
Temporary Processing Yard, Haul-Off, & End Use Facilities Warner Enterprises does not anticipate the need for a Temporary Processing Yard at this time. If the need arises aȦer the award, we would ensure that the designated site meets all federal, state, and county regulations and receive authorization before delivering material.
Our team plans on utilizing grapple trucks, end dumps, and log trucks to remove the material associated with this project. Each site will need to be assessed for accessibility and type of material 264
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before a specific type of truck is dispatched. We anticipate having up to 20 trucks if necessary to support this project.
We expect hauling all material associated with this project, with the exception of the material chipped for erosion control to the below facilities:
California Hotwood
2865 S 5th Avenue
Oroville, CA 95965
Warner Enterprises, Inc.
Latona Biomass Complex
19195 Latona Rd
Anderson, CA 96007
Old Durham Wood, Inc.
8616 Durnel Dr. Durham,
CA 95938
Earthworm Soil Factory
(pending approval)
2552 Clark Road
Butte Valley, CA 95965
*Letters of commitment will be submitted if awarded prior to deployment of material to all end-use facilities.
WEI plans to have our Superintendents handle the daily truck dispatching for this contract. At the end of the day each crew will report to their Superintendent anticipated loads per site, along with the type of truck needed to be able to schedule for pickup accordingly. WEI will ensure that all material is removed from each Work Order in a timely fashion aȦer cutting and wood management is complete.
We will utilize our internal trucking capabilities in addition to subcontractor resources to ensure that we are prepared for all the potential issues that may arise. If there are sites needing priority attention due to circumstantial constraints and/or safety concerns, this material will be removed in an expedited manner.
Safety
The safety of our employees, TOP/BCFSC personnel, support agencies, and the public is the top priority of Warner Enterprises. Being almost entirely local, our Key Personnel and tree crews are extremely familiar with navigating the project area. Our team is keenly aware of the challenges and obstacles they will face during implementation of the contract objectives. Before arriving at a new parcel, crews will have plans in place for traffic control and public safety based upon each siteʼs unique needs and will ensure all operations are properly marked, meeting the requirements for signage and flagging. Properly trained flagging personnel will be provided as needed making sure any vehicles or pedestrians that may approach have safe passage through work zones. The use of handheld radios will be enforced to facilitate communication between crews.
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While performing operations our Safety Manager and Superintendents will ensure all personnel and equipment meet the safety requirements for each specific task. If removal of a designated tree proves unsafe to the public or crews, WEI will work with the TOP/BCFSC staff to effectuate a solution, mitigating the hazard in the safest manner possible. All personnel will be trained and have a site-specific emergency plan and Injury Illness Prevention Plan (IIPP) to refer to in the case of an incident. All crew members have smartphones and radios to call out in case of an emergency. WEI will implement JSAʼs for each site and conduct routine safety tailgate meetings, emphasizing potentially high hazard areas and/or topics that may cause additional safety concerns.
Our team possesses the skills required to perform all aspects of this scope of work and has a program in place to cohesively train existing personnel and orient new hires. All WEI employees possess CPR/First Aid certification and are routinely trained on emergency evacuation protocols. This investment and preparation in safety training provides project personnel, as well as the public, with an environment of protection and prevention of unnecessary danger and injury.
WEI has been conducting forestry operations under California Forest Practice Rules for decades and has a complete understanding and is well versed in following the Fire Plan and requirements solicited in this Request for Proposal.
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References & Background
FEMA Emergency Projects
June 2018
Project: Valley Fire Hazard Tree Mitigation Phase I & II Project (Lake County) Contract Amount: $1,632,498
Contact: Lars Ewing; Lake County Public Services Director (707) 262-1618 Description: FEMA-funded project monitored by Lake County personnel and Tetra Tech. Hazard tree cutting and removal on county right-of-ways. Mitigate hazards and protect improvements as per contract requirements.
December 2018-March 2019
Project: USACE Fire Mission - Tubbs Fire Debris Removal (Sonoma/Napa Counties) Contract Amount: $1,500,000
Contact: Gerardo Castillo office 800-244-5094 cell 512-565-3704 Description: FEMA-funded emergency debris removal performed under Ashbritt Environmental, the prime contractor.
April 2019
Project: Hazardous Tree Removal Services Carr Fire (Shasta County) Contract #704012
Contract Amount: $950,000
Contact: Kevin Maple; Shasta County Public Works (530) 225-3834 Description: FEMA-funded project monitored by Shasta County Public Works representative.
Hazard tree removal and processing of hazard trees in County ride-of-ways to protect public roadways and infrastructure
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HMGP CAT4 Hazard Tree Removal Program | Page 26
BCFSC Projects
April 2022
Project: Skydog Fuels Reduction Project
Contract Amount: $162,500
Scale: 65 acres w/ 120 loads of Biomass and Firewood removed (valued at $96,000) Cal Fire Permit: 2-22EX-00390 BUT
Contact: Taylor Nilsson BCFSC; Kieran OʼLeary BCFSC; Trevor Sherman BCFSC Description: Mechanical and Manual tree removal to remove fire-damaged vegetation. Feller buncher piles skidded, chipped and removed to SRM, a biomass power plant in Anderson, CA.
Firewood was delivered to California Hotwood in Oroville and Espinosa in Gerber. Follow up mastication to mitigate slash and brush concentrations.
May 2022
Project: Campfire: Dry Creek Fuels Reduction Project
Contract Amount: $155,500
Scale: 110 Acres w/ 25 loads of Firewood, 15 loads chips delivered to SRM Biomass Plant Cal Fire Permit: 2-22EM-00042 BUT
Contact: Trevor Sherman BCFSC; Kieran O'Leary BCFSC
Description: Fuels reduction project resulting from extreme fire damage in Dry Creek Drainage.
Mechanical cutting and mastication of damaged fuels, spacing of remaining live trees, and mastication of tops and brush to reduce fuel loading.
November 2022
Project: Skylock and Maple Creek Fuels Reduction and Forest Health Project Contract Amount: $553,500
Scale: 404.5 Acres & chips delivered to SRM biomass plant in Anderson, CA Cal Fire Permit: 2-22EM-00280
Contact: Kieran OʼLeary, Taylor Nilsson; Katie Battaglia BCFSC Description: Mechanical thinning of trees with feller buncher, skidder, chipping and removal.
Mastication of brush to mitigate fuel loading and promote forest health. 268
HMGP CAT4 Hazard Tree Removal Program | Page 27
February 2023
Project: Coutolenc Forest Health Restoration Project
Contract Amount: $190,500
Scale: 130 Acres
Federal Permit: CX DOI BLM -CAN 060-2019-0028-EX
Contact: Dallas Koller BCRCD; Kieran OʼLeary BCFSC; Katie Battaglia BCFSC Description: Mechanical Treatments including feller bunching, skidding and chipping of material damaged in the Camp Fire. Larger material was processed into firewood logs. Smaller trees were chipped and delivered to SRM biomass power plant in Anderson, CA. Follow-up mastication to further reduce fuel loading to enhance site prep and replanting. 269
HMGP CAT4 Hazard Tree Removal Program | Page 28
Certifications
270
HMGP CAT4 Hazard Tree Removal Program | Page 29
271
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272
HMGP CAT4 Hazard Tree Removal Program | Page 31
Proposal Summary Form
273
HMGP CAT4 Hazard Tree Removal Program | Page 32
274
HMGP CAT4 Hazard Tree Removal Program | Page 33
275
Town of Paradise
Council Agenda Summary
Date: January 14, 2025
Agenda Item: 6(b)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Pioneer Energy Community Choice Aggregation Draft Ordinance
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Waive the first reading of Town Ordinance No. _____ and read by title only; and,
2. Introduce Town Ordinance No. ____, “An Ordinance of the Town Council of the Town of Paradise Authorizing the Implementation of a Community Choice Aggregation Program in the Town of Paradise Under Public Utilities Code section 366.2.”
Background:
Pioneer Community Energy (Pioneer) is a Joint Powers Authority formed between the Counties of Placer and El Dorado, the Town of Loomis, and the Cities of Auburn, Colfax, Grass Valley, Lincoln, Nevada City, Placerville, and Rocklin.
Pioneer is a Community Choice Aggregation Program (CCA) authorized under Assembly Bill 117 (2002). The CCA provides local control over the electricity supply with a primary objective of providing competitive rates to the residents and businesses within its member jurisdictions.
Pioneer purchases the electricity supply (generation), and PG&E transmits and delivers the power through PG&E’s infrastructure (poles and wires). PG&E continues to own, operate, and maintain its distribution infrastructure, as well as to provide meter reading and billing services for Pioneer’s customers.
Analysis:
On July 2nd, 2024, the Pioneer executive team met with the Town Staff and team to discuss the benefits of joining a CCA, how Pioneer may be a fit for their region, and necessary next steps required to join Pioneer.
On July 9, 2024, the Pioneer executive team gave a presentation to the Town Council. This presentation was an overview of the many benefits of CCAs in general and Pioneer specifically.
At this meeting, the Town Council authorized staff to proceed with an Impact Assessment Study.
At the December 19, 2024, Pioneer Governing Board meeting, the Board approved unanimously to allow staff to begin the process of amending the JPA to allow the Counties of Butte, Nevada, 276
Sutter, and Tuolumne; the Cities of Chico, Oroville, Live Oak, Sonora, and Yuba City; and the Town of Paradise to join.
According to the Impact Assessment Study which was presented to Council at the November 2024 Council meeting, by the Pioneer leadership team, the expansion provides potential benefits to the residents and businesses in the new member service territories. Significant benefits include:
Stable and Competitive Rates – From 2018 through 2023, Pioneer customers have saved $85 million, with an additional $21 million in anticipated savings in 2024. Local Control – As a member of the JPA, the City/County will have one seat on the Pioneer Board of Directors. This person is appointed by the Council/Board from the elected officials.
All meetings are open to the public and every representative’s voice will be heard. Legislative & Regulatory Influence & Advocacy – Pioneer is an advocate for the member agency residents and businesses by working with the California State Legislature, the California Public Utilities Commission (CPUC), the California Energy Commission, and PG&E on behalf of customer interests and concerns.
Local Jobs and Power Supply Resources – Pioneer supports local business and prioritizes local power contracts, goods and services. The projected savings for Pioneer customers will result in additional spending by residents and businesses, further stimulating the local economy.
Programs – The new members will have an impact on energy efficiency programs that are developed and the ability to customize programs to meet their specific needs.
If approved tonight, the second reading of the ordinance will take place at the February 2025 Council meeting, along with a vote to adopt a resolution to join the Pioneer Energy JPA. Pioneer plans to submit an Implementation Plan detailing Pioneer’s expansion and planned service launch to the CPUC in March 2025. Based on results of the Impact Assessment Study, the optimal time for a service launch into the Town of Paradise is October 2027, which allows Pioneer’s procurement team the time needed to secure power resources while remaining in compliance and avoids the costly summer months. Pioneer will work with the Town of Paradise on a comprehensive education and outreach campaign to ensure a strong public understanding of expansion into each area.
Financial Impact:
The fiscal impact was a cap of $15,000, split between jurisdictions to fund half of the cost of the Impact Assessment Study with Pioneer funding the other half. There is no risk to the General Fund as the cost to serve the new members is funded through Pioneer rates. 277
383830.2
TOWN OF PARADISE
ORDINANCE NO. ______
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AUTHORIZING
THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM IN THE TOWN OF PARADISE UNDER PUBLIC UTILITES CODE SECTION 366.2
THE TOWN COUNCIL OF THE TOWN OF PARADISE, STATE OF CALIFORNIA, ORDAINS AS FOLLOWS:
SECTION I:
The Town Council hereby finds and determines as follows:
1. On September 24, 2002, the Governor of California signed into law Assembly Bill 117 (Statute 2002, Chapter 838; see California Public Utilities Code section 366.2; hereinafter referred to as the “Act”), which authorizes any California city or county, whose governing body so elects, to combine electricity load of its residents and businesses in a Community Choice Aggregation program (CCA). The Act expressly authorizes participation in a CCA through a joint powers authority; and
2. On September 9, 2015, the County of Placer and the City of Colfax entered into the original Joint Exercise of Powers Agreement for the purpose of establishing the Sierra Valley Energy Authority as a joint powers authority under the Joint Exercise of Powers Act, Government Code section 6500, et seq.; and
3. The California Public Utilities Commission certified the “Implementation Plan” of the Sierra Valley Energy Authority, confirming compliance with the requirements of the Act; and
4. On February 22, 2017, the Amended and Restated Joint Powers Agreement became effective and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members of the Joint Exercise of Powers Agreement and established a Community Choice Aggregation Program within the jurisdictions of the Voting Members; and
5. Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy (“Pioneer”), as it is known today; and
6. Subsequent amendments to the Amended and Restated Joint Powers Agreement have authorized the County of El Dorado and the Cities of Grass Valley, Nevada City, and Placerville to become Voting Members; and
7. Currently electricity is generated and provided to the residents of the Town of Paradise by Pacific Gas and Electric Company (PG&E) with no alternative provider for the Town.
8. The Town finds it important that its residents, businesses and public facilities have alternative choices to energy procurement beyond PG&E.
9. In 2024, the Town and Pioneer began discussions and studies to consider the financial feasibility and assessed risk of the addition of Town into the service area of Pioneer. 278
383830.2
10. Contingent on completion of those discussions and studies, the Town believes joining Pioneer will provide financial and other advantages to businesses and residents of the Town.
11. The Amended and Restated Joint Exercise of Powers Agreement requires a prospective member to individually adopt a resolution of intent expressing desire to become a member of the Joint Powers Authority and adopt an ordinance electing to implement a CCA within its jurisdiction under California Public Utilities Code section 366.2.
12. The Town finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, as it is not a “project” since it has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Reg. § 15378). Further, the ordinance is exempt from CEQA, as there is no possibility that the ordinance or its implementation would have a significant effect on the environment. (14 Cal. Code Reg. § 15061(b)(3)).
SECTION II:
The Town Council of the Town of Paradise authorizes the implementation of a Community Choice Aggregation Program within the areas currently served by PG&E through participation in the Community Choice Aggregation Program of the Pioneer Community Energy Joint Powers Authority, contingent on all of the following: (a) completion of the impact analysis by Pioneer, (b) adoption of a resolution of intent by the Town expressing the Town’s desire to become a member of Pioneer, (c) approval of Pioneer Community Energy’s Amended and Restated Joint Exercise of Powers Agreement, as amended, by the Town, (d) approval by the Governing Board of Pioneer Community Energy of the membership of Town, and (e) the certification by the California Public Utilities Commission of the Implementation Plan filed by Pioneer to include the Town.
SECTION III:
The provisions of this Ordinance are separate and severable. If any provision of this Ordinance is for any reason held by a court to be invalid, the Town Council of the Town of Paradise declares that it would have passed this Ordinance irrespective of the invalidity of the provision held to be invalid and such invalidity shall therefore not affect the remaining provisions of this Ordinance which shall remain in full force and effect or the validity of its application to other persons or circumstances.
SECTION IV: Severability. If any provision of this ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by a court or competent jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the ordinance, which can be given effect without the invalid provision or application thereof.
SECTION V: Publication. 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 ____________, 2025, by the following vote:
279
383830.2
AYES:
NOES:
ABSENT:
ABSTAIN:
Steve Crowder, Mayor
ATTEST:
Melanie Elvis, Town Clerk
APPROVED AS TO FORM:
Scott E. Huber, Town Attorney
280
Town of Paradise
Council Agenda Summary
Date: January 14, 2025
Agenda Item: 6(c)
ORIGINATED BY: Jessica Erdahl, Supervising Project Manager REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: 2025 Off-System Road Rehabilitation Project– PSE Approval and Authorize Advertisement for Bids.
LONG TERM
RECOVERY PLAN:
Yes, Tier 1
COUNCIL ACTION REQUESTED:
1. Adopt Resolution No. 2025- , “A resolution of the Town Council of the Town of Paradise Approving the Plans, Specifications and Estimate for the 2025 Off-System Road Rehabilitation Project and Authorizing Advertisement for Bids on the Project”. (ROLL CALL VOTE)
Background:
Due to the ongoing recovery effort and debris removal operations within the Town and Butte County, the Town’s off-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 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 restored their damaged distribution infrastructure. Additionally, PG&E removed over 92,000 trees, and an additional 100,000 trees were removed in 2020 as part of the Hazard Tree Removal Program. The volume of trucks using the Town’s off-system roads has resulted in damage to the pavement structural section, justifying the need for rehabilitation.
The Town coordinated with the Federal Emergency Management Agency (FEMA) and the Department of Housing and Urban Development (HUD) to secure permanent restoration funding to repair damaged off-system roads town wide. Through the Public Assistance and Community Development Block Grant-Disaster Recovery Programs, the Town of Paradise has been approved for $43,205,510 for the off-system road rehabilitation project. The approved project is located on “Off-System” roads. Off-system roadway rehabilitation include roadways that are not on the on-system roadways and will be funded by FEMA and HUD.
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 perform on-call professional civil engineering services for a variety of local, state, and federallyfunded projects. Subsequently, in January 2021, task orders were issued to GHD, Dokken 281
Engineering, and Dewberry to perform civil design services on the off-system road rehabilitation project.
The overall scope of work for the Project can be summarized as follows:
Repair Camp Fire damaged off-system roads to achieve a pre-fire condition.
On August 17, 2023 Paradise Town Council awarded Contract No 8407.1.CON, 2023 Off-System Roadway Rehabilitation (Project 1) to Hat Creek Construction and Materials in the amount of their base bid plus additive bid #1,$5,756,809.
On May 14, 2024 Paradise Town Council awarded Contract No 8407.2.CON, 2024 Off-System Roadway Rehabilitation (Project 2) to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid $7,565,944.94.
The plans and specifications for the project are on file in the Public Works office for review.
A project map if the proposed 2025 project limits are provided in this Agenda Summary.
Analysis:
The off-system road rehabilitation project is consistent with priorities identified in the Paradise Long-Term Recovery Plan prepared in response to the 2018 Camp Fire and necessary to restore roadway infrastructure to 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.
With Council approval of the plans and specifications and authorization to advertise for bids, staff proposes the following schedule:
Advertise for bid: January 2025
Award Contract: March 2025
Construction: Spring 2025
Project 3 (2025) – 20 miles
282
Financial Impact:
FEMA Public Assistance and Community Development Block Grant-Disaster Recovery funds have been authorized for construction and construction engineering phases.
The total estimated construction and construction engineering cost for off-system roads town wide is $42,774,527 and $17,449,210 for the 2025 project. The estimated funding breakdown is shown below. A detailed project accounting description for each project bid will be made available at the time of contract award.
2025 Off-System Road Rehabilitation Project
Contract Items
Total
Estimated
Cost
Total
Participating
Cost
FEMA/CalOES
93.75 %
CDBG-DR
Match 6.25%
NonParticipating
(Storm
Drain)
Construction Project 3 -
2025 $14,541,008.00 $14,394,743.00 $13,495,071.56 $899,671.44 $146,265.00 Contingency (10%) $1,454,100.80 $1,439,474.30 $1,349,507.16 $89,967.14 $14,626.50 Construction Management
(10%) $1,454,100.80 $1,439,474.30 $1,349,507.16 $89,967.14 $14,626.50 Total $17,449,209.60 $17,273,691.60 $16,194,085.88 $1,079,605.73 $160,891.50 Total Available Funding $22,501,565.90 $22,340,674.40 $16,336,091.63 $6,004,582.78 $160,891.50 Balance $5,052,356.30 $5,066,982.80 $142,005.75 $4,924,977.05 $0.00 Required matching funds, $1,079,605.73 (6.25%), will be funded by the Community Development Block Grant-Disaster Recovery fund. Non-participating storm drain infrastructure and maintenance costs will be funded with Development Impact Fees.
Attachments:
A. Resolution
B. Project Map 2025
Academy Dr Country Oaks Dr Fox Rd Montna Dr Robin Pl
Alexander Ct Crandall Way Freestone Ct Mountain Meadow Ct Rocky Ln Apple View Way Danika Ct Gate Ln N Libby Rd Salida Way
Arany Ct Dawnridge Ct Ginny Ln Nedry Ln Salida Ct
Arrowhead Dr Dean Rd Harvey Rd Nelsen Ct Sawmill Rd
Bella Vista Debbie Ln Hazel Way Nielsen Dr Scott Dr
Belleview Dr Del Mar Ave Highland Ln Norwood Dr Scottwood Berkshire Ave Del Monte Ave Himmel St Nunneley Rd Sequoia Ct Berkshire Way Delia Way Hollybrook Dr Oak Way Shay Ln
Bille Rd Ext Deodara Way Ingalls Rd Oakwood Ln Sierra Park Dr Black Olive Diamond Ave June Way Paloma Rd Sweetbriar Ln Bonnie Ln Dolores Dr N Keith Rd Pamela Dr Sylmar Ln
Brook Way Dolores Dr S Kenglo Dr Paradisewood Dr Sylvan Way Cabernet Ln Drendel Cr Lancaster Dr Parkwood Way Twin Oaks Dr Candlewood Ct El Toro Ct Lillian Ave Puddle Duck Ct Vineyard Dr Chris Ct Fickett Ln Lofty Ln Recreation Dr S Vista Knolls Dr College Hill Rd Firland Dr Mabelle Way Recreation Dr N York Towne Manor Conifer Dr Forest Cr Maxwood Dr Redwood Ln Young Ave
Coral Ave Forest Ln Meline Ct Rexdale Ln Zenith Ln
Coral Cir Foster Rd Molokia Dr Ridgecrest Dr
283
1 TOWN OF PARADISE
RESOLUTION NO. 2025-_____
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PARADISE APPROVING THE PLANS, SPECIFICATIONS AND
ESTIMATE FOR THE 2025 OFF-SYSTEM ROAD REHABILITATION
PROJECT AND AUTHORIZING ADVERTISEMENT FOR BIDS ON THE
PROJECT.
WHEREAS, off-system roads sustained damage as a result of the Camp Fire; and,
WHEREAS, the Town of Paradise has received an allocation of $43,205,510 of Federal Emergency Management Agency Public Assistance and the Department of Housing and Urban Development Community Development Block Grant-Disaster Recovery Program funds; and,
WHEREAS, the purpose of the Public Assistance and Block Grant-Disaster Recovery Programs are to Repair or reconstruct Non-Federal aid highways and roads (“Off-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 2025 Off-System Road Rehabilitation Project is consistent in scope with the approved Public Assistance and Community Development Block GrantDisaster Recovery funds: and, WHEREAS, the 2025 Off-System Road Rehabilitation Project is consistent with priorities identified in the Paradise Long-Term Recovery Plan prepared in response to the 2018 Camp Fire.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:
Section 1. The design, plans, specifications and estimate for the 2025 OffSystem Road Rehabilitation Project described in the Town Council Agenda Summary for this Resolution are hereby approved.
Section 2. The Public Works Department is authorized to advertise the 2025 Off-System Road Rehabilitation Project.
284
2 PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 14th day of January 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Steve Crowder, Mayor
ATTEST:
Melanie Elvis, Town Clerk
APPROVED AS TO FORM:
Scott E. Huber, Town Attorney
285
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community ±
0 0.5 1
Miles
TOWN OF PARADISE
PUBLIC WORKS DEPARTMENT
5555 Skyway Road
Paradise, California 95969 J ERDAHL
NOV 2024
PROJECT
LOCATION
MAP
22002255 OOFFFF--SSYYSSTTEEMM RROOAADD
RREEHHAABBIILLIITTAATTIIOONN PPRROOJJEECCTT
FFEEMMAA//CCDDBBGG--DDRR
2025 Off-System Road Rehabilitation
2025 Off-System
Paradise Town Limits
286
Town of Paradise
Council Agenda Summary
Date: January 14, 2025
Agenda Item: 6(d)
ORIGINATED BY: Tony Lindsey, Community Development Director – Building & Code Enforcement
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Introduction of an Ordinance Amending Sections 8.58.010-
8.58.60 of the Paradise Municipal Code related to
Defensible space/hazardous fuel management Fuel Break
Requirement.
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Consider waiving the entire first reading of Town Ordinance No._____ and read by title only; and,
2. Introduce Town Ordinance No.____, “An Ordinance of the Town Council of the Town of Paradise Amending Sections 8.58.010 - 8.58.60 of the Paradise Municipal Code related to Defensible Space/Hazardous Fuel Management and Fuel Break Requirements.” Or,
3. Provide alternative directions to Town staff.
Background:
Attached with this council agenda summary for your consideration and recommended adoption for introductory purposes is a copy of an ordinance document recently prepared by town staff and reviewed by the Town Manager and Town Attorney. The recommended text amendments to the ordinance are shown in "shaded" (additions) and strikeout (deletions) font.
At the Town Council meeting in September 2024, Council Member Culleton initiated a discussion regarding the potential expansion of fuel break requirements. During the meeting, the staff and council members discussed the current standards and the rationale for enhancing defensible space fuel break regulations. An ad hoc committee, consisting of Council Members Crowder and Tryon, was established to explore this issue further. This committee was tasked with developing and presenting recommendations on this matter. Additionally, the staff was directed to prepare and submit suggestions or potential changes to the existing regulations for the Council's consideration, aiming to refine and possibly strengthen the community's approach to managing fire risks.
During the October 2024 Council meeting, the Council directed staff to bring back an amendment that provides additional tools staff may implement to increase fire, life, and community safety enforcement. Direction was also received to include an exception committee option for exceptions to the Defensible Space/Hazardous Fuel Management Ordinance that arises due to extraordinary circumstances.
287
Analysis:
The current regulations in the Paradise Municipal Code stipulate that a parcel of less than 1 ½ acres must completely abate weeds across the entire property. In contrast, parcels larger than 1 ½ acres are only required to maintain a fuel break along the perimeter that is 30 feet wide. This differentiation in requirements is designed to manage fire risks effectively while considering larger property sizes and management feasibility.
Proposed Requirements
1. Perimeter Fuel Break: To enhance fire safety and facilitate fire department access, the 30- foot requirement should be increased to a 50-foot-wide fuel break around the entire property perimeter for parcels greater than 1 ½ acre.
Justification for Increased Fuel Break Width
The California Building and Fire codes strongly support the recommendation to increase the fuel break width from 30 to 50 feet, primarily due to the concept of Fire Separation Distance in the building code, which acknowledges the benefits of maintaining up to thirty feet of open space to mitigate fire spread through radiant heat. Additionally, the fire code mandates a minimum access road width of 20 feet. Expanding the fuel break not only complies with this requirement but also provides extra space that significantly eases access for fire responders, which is particularly beneficial on larger, undeveloped lots. This structural and access planning enhancement is crucial for improving fire safety measures.
Safety Benefits to the Community
Extending the operational safety zone an additional 20 feet beyond the current 30-foot standard fuel break provides firefighters with a larger area to operate safely, especially critical near property boundaries where unpredictable changes in fire behavior can occur.
The regulations for fire prevention include rigorous weed abatement on smaller parcels and extensive fuel breaks on larger ones, effectively reducing the amount of combustible materials.
This significant decrease in available fuel minimizes the risk of fire ignition and its spread across properties, enhancing safety for the entire community.
Uniform vegetation management practices enforced by these regulations are vital in establishing barriers that slow down or prevent fires. This is crucial for safeguarding homes, businesses, and vital infrastructure. Additionally, the 50-foot fuel breaks around larger and within properties create the necessary space for emergency vehicles and personnel, improving access and reducing response times during emergencies. These measures also facilitate safer and more efficient evacuation paths, minimizing the danger to residents during wildfire incidents.
Considerations of Fire Behavior
Fuel breaks can effectively mitigate the effects of radiant heat, a significant factor in wildfire spread, by increasing the distance between combustible materials and structures or other areas, thus decreasing the risk of ignition. Strategically placed, these breaks also act as barriers interrupting the linear progression of wildfires, segmenting the land into smaller, manageable "burn zones." These zones significantly slow the fire’s movement, enhancing firefighters' ability to effectively manage and extinguish the blaze.
In areas like Paradise, where strong winds are prevalent, fuel breaks are crucial for preventing wind-driven embers from igniting adjacent vegetation. These embers, capable of traveling long 288
distances, pose a substantial risk of sparking isolated spot fires. Maintaining cleared zones helps mitigate this risk, a frequent issue in windy conditions.
As environmental conditions change, so does fire behavior, necessitating adaptive management strategies. Regulations that enforce rigorous fuel management are designed to respond to the increasing severity and frequency of wildfires, helping communities better prepare for and withstand these evolving challenges.
Strategic Benefits
Enhanced fire containment strategies like those used in lumber yards or mills involve segmented fuel breaks. These breaks serve as barriers that help prevent or slow the spread of fire across a property by reducing the contiguous fuel load. Additionally, they improve access for fire departments and enhance the effectiveness of their operational tactics.
Exceptions Committee
A new section has been added to establish an Exceptions Committee consisting of two Town Council members. This committee will review requests for exceptions to the Defensible Space/Hazardous Fuel Management Ordinance that arise due to extraordinary circumstances. If deemed necessary, these requests will be forwarded to the full Town Council for review and potential approval at the next available meeting. All requests for exceptions must be submitted in writing and include any required data and documents as specified by the Exceptions Committee.
Lastly, staff used this opportunity to reorganize the code sections, presenting the regulations more orderly. Additionally, definitions for terms such as "Fuel break," "Groupings," "Ladder fuels," and "Slash" were added to enhance clarity, provide more detailed information, and ensure consistency in enforcement.
Financial Impact:
No financial impact is associated with the first reading and introduction of the ordinance.
LIST OF ATTACHMENTS
1. Strikethrough version of Ordinance No.____. “An Ordinance Amending Section 8.58.010-
8.58.060 of the Paradise Municipal Code related to Defensible space/hazardous fuel management Fuel Break Requirement.”
2. Clean version of Ordinance No.____. “An Ordinance Amending Section 8.58.010-
8.58.060 of the Paradise Municipal Code related to Defensible space/hazardous fuel management Fuel Break Requirement.”
289
TOWN OF PARADISE
ORDINANCE NO. ___
An Ordinance Amending Sections 8.58.010-8.58.60 of the Paradise Municipal Code related to Defensible space/hazardous fuel management Fuel Break Requirement.
SECTION 1. Section 8.58.010-8.58.60 of the Paradise Municipal Code is amended to read as follows:
Chapter 8.58 - DEFENSIBLE SPACE AND HAZARDOUS FUEL MANAGEMENT
8.58.010 - Title.
This chapter shall be known as the "defensible space and hazardous fuel management ordinance" of the Town of Paradise.
8.58.020 - Purpose and intent.
A. The Town Council of the Town of Paradise finds and declares that the uncontrolled growth and accumulation of weeds, grasses, hazardous vegetation and combustible materials or obstructions on sidewalks, streets, and on lands or lots within the town are dangerous or injurious to neighboring property and the health, safety and welfare of the citizens, residents and visitors of the Town of Paradise community. Such growth and accumulation constitute a public nuisance in that they create fire hazard, reduce the value of private property, and create a hazard to the health, safety and general welfare of the public.
B. The town is located within a designated very high fire hazard severity zones (VHFHSZ) in which the vegetation is highly flammable during dry periods and has contributed to significant wildfires resulting in catastrophic fire losses to life, property and the environment.
C. This chapter is intended and shall apply to the abatement of the growth and/or accumulation of weeds, grasses, shrubs, brush, slash, tree limbs, hazardous vegetation and combustible materials on all improved parcels and designated unimproved parcels within the town and the maintenance of those parcels to prevent hazardous vegetation from growing back.
D. The purpose of this chapter is to establish defensible space requirements and wildfire mitigation measures that both supplement and supersede Government Code Section 51182 and Public Resource Code section 4291, California Code of Regulations, and California Fire Code in order to protect the lives and property of the citizens, residents and visitors of the Town of Paradise.
8.58.030 - Definitions.
The terms used in this chapter shall have the following meanings:
"Combustible material" means seasonal and recurrent weeds, stubble, brush, dry leaves, mulch, wood, tumbleweeds, rubbish, recyclable material, litter or flammable materials of any kind. 290
"Defensible space" means an area either natural or man-made, where material capable of allowing a fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur. "Fire hazard severity zones (FHSZ)" means geographical areas designated pursuant to California Public Resources Code Sections 4201 through 4204 and classified as very high, high, or moderate in state responsibility areas (SRA) or as local responsibility agency very high fire hazard severity zones (LRA VHFHSZ) designated pursuant to California Government Code Sections 51175 through 51189.
“Fuel break” means a strategically located area where the volume and arrangement of vegetation has been managed to limit fire intensity, fire severity, rate of spread, crown fire potential, and/or ember production as follows:
1. Weeds, grass, and brush mowed and removed to a maximum height of four (4) inches.
2. Remove LADDER FUELS and dead portions of trees and shrubs.
3. Trees shall be pruned six (6) feet from the ground. Pruning shall be one-third (1/3) of the overall height for shorter-height trees.
4. Remove downed trees and SLASH.
"Fuel modification" means a method of modifying fuel load by reducing the amount of flammable vegetation or altering the type of vegetation to reduce the fuel load. “Groupings” means numerous plants growing together with a maximum foliage width of ten (10) feet.
"Hazardous vegetation" means vegetation that is flammable and endangers the public safety by creating a fire hazard, including but not limited to seasonal and recurrent weeds, stubble, brush, dry leaves, etc.
"Improved parcel(s)" means a portion of land of any size, the area of which is determined by the assessor's maps and records and may be identified by an assessor's parcel number upon which a structure STRUCTURE is located.
“Ladder fuels” means vegetation, brush, small trees under mature trees. "Ornamental landscape" means all grasses, plants, trees and other vegetation installed by a property owner PROPERTY OWNER, property tenant, etc. It is usually for aesthetic purposes or privacy screening.
"Person" means a person, partnership, limited partnership, corporation, limited liability company or association.
"Property owner" means the holder of the fee simple title of the property. “Slash” means tree limbs and other woody material left behind after a tree has fallen or been felled.
"Structure" means any dwelling, house, garage, or building. 291
"Unimproved parcel(s)" means a portion of land of any size, the area of which is determined by the assessor's maps and records and may be identified by an assessor's parcel number upon which no structure STRUCTURE is located.
"Wildland-urban interface (WUI) area" means that geographical area where structures STRUCTURES and other human development meet or intermingle with wildland or vegetative fuels.
8.58.040 - Applicability.
This chapter, including any amendments or revisions thereto, shall apply to all improved and unimproved parcel(s) located within the town.
8.58.050 - Responsibility for administration.
The fire chief, or his or her designee, shall administer, implement, and enforce the provisions of this chapter.
8.58.060 - Defensible space/hazardous fuel management requirements.
A. Any person that owns, leases, controls, operates, or maintains any real property in the town shall continuously do the following:
1. Maintain immediately around and adjacent to any building or structure free of combustible materials. Only noncombustible material shall be allowed within five (5) feet of any building or structure. No vegetation shall exist within or overhang within five (5) feet of the structure. Any overhanging limbs or branches shall be removed. All exterior walls shall have a six (6) inch noncombustible vertical clearance from grade.
2. All unattached accessory structures and outbuildings shall be a minimum of ten (10) feet away from the primary dwelling.
2. All exterior walls shall have a six (6) inch noncombustible vertical clearance from grade.
3. Remove or prune flammable plants and shrubs near windows and under eave vents (a recommended no-planting zone). Combustible materials shall not be stored under decks and the area under decks shall be maintained free of vegetative material. Decks or porches four (4) feet or less above the grade shall be fully enclosed to reduce the accumulation of debris with noncombustible wall material. Noncombustible, corrosion-resistant mesh material with openings not to exceed one-eighth (⅛) inch may be used.
3. Combustible materials shall not be stored under decks, and the area under decks shall be maintained free of combustible material. Decks or porches four (4) feet or less above the grade shall be fully enclosed to reduce the accumulation of debris with noncombustible wall material. Noncombustible, corrosion-resistant mesh material with openings not to exceed one-eighth (⅛) inch may be used. 292
4. All fencing material constructed of combustible material shall not be within five (5) feet from any structure and shall be constructed of noncombustible material. All fencing shall be a single line; back-to-back fencing is not permitted in which fences are nominally parallel and spaced less than three (3) feet apart.
5. Clean roofs and gutters of dead leaves, debris and pine needles. In addition to the management of combustible material around a structure, the following shall be required:
a. Replace or repair any loose or missing shingles or roof tiles to prevent ember penetration.
b. Provide and maintain a screen over the outlet of every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel.
The screen shall be constructed of nonflammable material with openings that are not more than one-half (½) inch.
5. Maintain the roof of a structure free of leaves, needles, or other combustible materials.
6. Maintain an area adjacent to any structure with a one-hundred (100) foot fire break made by removing and clearing away all flammable vegetation or other combustible growth from the structure on each side thereof or to the property line, whichever is closer. Within the one hundred (100) foot fire break:
c. Weeds and dry grass shall be required to be mowed to a height of four (4) inches;
d. Ladder fuels (vegetation, brush and small trees under mature trees) shall be removed;
e. Trees shall be pruned up to six (6) feet from the ground.
For shorter height trees, pruning shall not exceed one-third (⅓) of the overall tree height.
Tree placement shall be planned to ensure the mature canopy is no closer than ten (10) feet to the edge of the structure. Trees and shrubs shall be limited to small clusters of a few each to break up the continuity of the vegetation across the landscape. This subsection does not apply to single tree specimens, ornamental shrubbery, or similar plants which are used as ground cover and provided they do not form a means of rapidly transmitting fire from the native growth to any building or structure. Remove the portion of any tree which extends within ten (10) feet of the outlet of any chimney or stovepipe. Maintain any tree adjacent to or overhanging any structure free of dead and dying wood.
6. Replace or repair any loose or missing shingles or roof tiles to prevent ember penetration.
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7. Remove the portion of any tree which extends within ten (10) feet of the outlet of any chimney or stovepipe. Maintain any tree adjacent to or overhanging any structure free of dead and dying wood.
7. Provide and maintain a screen over the outlet of every chimney or stovepipe attached to any fireplace, stove, or other device that burns any solid or liquid fuel.
The screen shall be constructed of noncombustible, corrosion-resistant material with openings no larger than one-half (1/2) inch.
8. Clear flammable vegetation on each side of a street or driveway for a horizontal distance of ten (10) feet and a vertical height of fourteen (14) feet. Cut vegetation within ten (10) feet of a street or driveway on the property to four (4) inches above ground. The fire chief, or his or her designee, may require a distance greater than ten (10) feet. This applies to public and private driveway(s) and any public or private streets that border or bisect property.
8. Remove the portion of any tree that extends within ten (10) feet of the outlet of any chimney or stovepipe. Maintain any tree adjacent to or overhanging any structure free of dead and dying wood.
9. Tree placement shall be planned to ensure the mature canopy is no closer than five (5) feet to the edge of the Structure.
10. According to the State Board of Forestry and Fire Protection General Guidelines, Trees and shrubs shall be limited to groupings following the property’s slope. This does not apply to single tree specimens, ornamental landscape, or similar plants used as ground cover, provided they do not form a means of rapidly transmitting fire from the native growth to any Structure.
11. Property owners are required to establish and maintain a fuel break on both sides of any street or driveway. This fuel break shall extend horizontally to ten (10) feet and reach a vertical clearance of fourteen (14) feet. The Fire Chief or their designee may require greater distance. This regulation applies to public and private driveways and any public or private streets that border or bisect a property.
12. All unattached accessory structures shall be a minimum of ten (10) feet away from any other structures.
B. No property owner shall permit on improved or unimproved parcel any accumulation of combustible materials, dead, dying or diseased trees, or green waste within thirty (30) feet of the property line when such accumulation endangers or encroaches on the required defensible space for structures or buildings on an adjacent property. The fire chief, or his or her designee, may require a distance greater than thirty (30) feet but not to exceed one hundred (100) feet, when it is determined that the greater distance is necessary to provide defensible space for structures or building on an adjacent property.
B. Property owners shall not permit any accumulation of combustible materials within fifty (50) feet of the property line. The Fire Chief or their designee may require a distance 294
greater than fifty (50) feet when it is determined that the greater distance is necessary to provide defensible space for structures on an adjacent property.
C. An unimproved parcel of one and one-half (½) acres or less in size shall be required to provide fuel modification to the entire parcel. Fuel modification requirements shall consist of the following:
a. Weeds, dry grass and brush are required to be mowed to a height of four (4) inches.
b. Ladder fuels (vegetation, brush and small trees under mature trees) shall be removed.
c. Trees shall be pruned up to six (6) feet from the ground. For shorter height trees, pruning shall not exceed one-third (⅓) of the overall tree height. Tree placement shall be planned to ensure the mature canopy is no closer than ten (10) feet to the edge of any structure.
Unimproved parcels greater than one and one-half (½) acres in size shall be required to maintain a fuel break a minimum thirty (30) feet from the property line. The fuel break requirements shall consist of the same requirements as unimproved parcel of one and one-half (½) acres or less.
C. Parcels one and one-half (1½) acres or less in size shall be required to provide a fuel break to include the entire parcel.
D. In the event the fire chief, or his or her designee, finds that additional fuel management is necessary to significantly reduce the risk of transmission of flame or heat to adjacent properties and means of egress and ingress, the fire chief, or his or her designee, may mandate fuel modification of an area more or less than the preceding widths or heights of this section.
D. Parcels greater than one and one-half (1½) acres in size shall be required to maintain a fuel break a minimum of fifty (50) feet from the property line around the perimeter and one hundred (100) feet from any structure.
E. On and after April 1, 2022, and prior to the transfer of ownership of a parcel from a seller to a buyer, or from one owner to another, the seller or owner shall first obtain a certificate of compliance from the town that the parcel is not in violation of this section prior to the transfer of ownership. Any issued certificate of compliance shall remain valid for ninety (90) days from the inspection date and may be used to open escrow without payment of an additional certificate of compliance fee.
E. In the event the Fire Chief or their designee finds that additional fuel management is necessary to significantly reduce the risk of transmission of flame or heat to adjacent properties and means of egress and ingress, the Fire Chief or their designee may mandate fuel modification of an area more or less than the preceding widths or heights of this section.
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F. Grazing animals (limited to goats and/or sheep) utilized for weed abatement may graze open and other appropriate areas of natural vegetation for a period not to exceed sixty (60) days in a calendar year.
G. Prior to transferring ownership of a parcel from a seller to a buyer or from one owner to another, the seller or owner shall first obtain a certificate of compliance from the town stating that the parcel is not in violation of this section prior to the transfer of ownership.
Any issued certificate of compliance shall remain valid for ninety (90) days from the inspection date and may be used to open escrow without payment of an additional certificate of compliance fee.
8.58.065 - Exceptions Committee and Town Council approval of exceptions.
A. The Town Council shall establish and appoint an Exceptions Committee.
B. The Exceptions Committee shall consist of two (2) Town Council members.
C. The purpose of the Exceptions Committee shall be to review and refer cases to the Town Council for review and potential approval regarding written requests for exceptions to this chapter.
D. The requests shall be in writing and accompanied by data and documents, as required by the Exceptions Committee.
E. The Town Council may, by majority vote and in its sole discretion, authorize exceptions to the terms of this chapter as recommended by the Exceptions Committee.
SECTION 2. Pursuant to California Environmental Quality Act (CEQA) Guidelines section 15308 this ordinance is exempt from CEQA in that it is a Class 8 categorical exemption for actions taken by a regulatory agency to establish procedures for the protection of the environment.
SECTION 3. 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 ______ 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Steve Crowder, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _______________________________ Melanie Elvis, Town Clerk Scott E. Huber, Town Attorney 296