Butte County Board of Supervisors Agenda Transmittal

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Butte County Board of Supervisors Agenda Transmittal Clerk of the Board Use Only Agenda Item: Subject: Department: Meeting Date Requested: Contact: Phone: Regular Agenda Consent Agenda Department

1 Butte County Board of Supervisors Agenda Transmittal Clerk of the Board Use Only Agenda Item: Subject: Department: Meeting Date Requested: Contact: Phone: Regular Agenda Consent Agenda Department Summary: (Information provided in this section will be included on the agenda. Attach explanatory memorandum and other background information as necessary). Fiscal Impact: Personnel Impact: Action Requested: Administrative Office Review:

2 COOPERATIVE AGREEMENT BETWEEN COUNTY OF BUTTE AND BUTTE COUNTY RESOURCE CONSERVATION DISTRICT FOR STORM-PROOFING PROJECT FOR DIXIE ROAD This Agreement is entered by and between the County of Butte, a political subdivision of the State of California, hereinafter referred to as, "County", and Butte County Resource Conservation District, a special district of the State of California under Division 9 of the California Public Resources Code, hereinafter referred to as "District". WHEREAS: County desires to access Dixie Road, a native surface road in Butte County that experienced severe erosion and culvert washout post Camp Fire, and implement improvements where existing road conditions are resulting in high erosion potential and can cause discharge of sediment to watercourses and waterbodies, and; WHEREAS: District, with assistance from the County, is working with the Regional Water Quality Control Board to obtain emergency funding for various post Camp Fire water quality improvement projects; and WHEREAS: District has staff and resources with experience and expertise in implementing grant funded projects that improve natural resources; and NOW THEREFORE COUNTY and DISTRICT agree as follows: 1 COOPERATIVE AGREEMENT BETWEEN COUNTY AND DISTRICT. COUNTY and DISTRICT agree to work cooperatively to fulfill the objectives and requirements of the BCRCD and CONSULTANT Scope of Work (Exhibit A). 2 TERM OF AGREEMENT. The term of this agreement will begin on or about April 9, 2019 and will continue throughout the duration of this effort, or three years whichever comes first. 3 SCOPE OF WORK. 3.1 PROJECT ADMINISTRATION/MANAGEMENT: District Responsibilities: Provide all technical and administrative services as needed for Project completion; monitoring, supervision, and review of all work performed; submit quarterly progress and financial reports to the County and/or funding agency; coordinate budgeting and scheduling to ensure the Project is completed within budget, on schedule, and in accordance with approved procedures, applicable laws, and regulations County Responsibilities: The County will participate in the Technical Advisory Committee (TAC) for this project, which will meet as needed during the timeframe of this agreement to review project status. The County will provide information necessary to complete any required quarterly and final reports and will assist with project accounting including tracking of in-kind contributions. Agreement with Butte RCD/ BCPW Dixie Road post Camp Fire 1 of 6

3 3.2 RAPID ROAD EVALUATION AND EMERGENCY STORM-PROOFING PLAN DEVELOPMENT District Responsibilities: Evaluate existing conditions along approximately 7 miles of Dixie Road, in the Concow area of Butte County, California, to identify ongoing and potential road related erosion and sediment delivery to streams. All identified locations of active and potential road related erosion will be: 1. mapped by BCRCD and/or consultant using digital mapping software applications; 2. rapidly inventoried and characterized and; 3. prioritized in relation to erosion potential, sediment delivery volume, and cost for remediation. Remedial storm-proofing treatments will be developed at each identified future erosion site. Stormproofing treatments will include: 1. emergency triage treatments necessary to reduce the near-term risk and magnitude of future erosion damage to Dixie Road, and 2. complete road log of treatments necessary to stormproof 7 miles of Dixie Road to current rural road design standards as defined by Handbook for Forest, Ranch and Rural Roads, a Guide for Constructing, Re-constructing, Maintaining and Closing Wildland Roads (Weaver, Weppner, and Hagans, 2015) and California Salmonid Stream Habitat Restoration Manual, Chapters 9 and 10 (CDFW, 1998; Weaver, Hagans and Weppner, 2006) hereinafter referred to as Construction Handbooks. Remedial maintenance treatments will also be developed for existing erosion features which do not pose a risk of future sediment delivery but require remedial treatments to protect Dixie Road prior to its reopening to public access. All identified future erosion sites and recommended treatment prescriptions will be staked and/or flagged in the field by BCRCD AND/OR CONSULTANT staff during the rapid evaluation in preparation for emergency maintenance treatments and needed stormproofing construction tasks. BCRCD AND/OR CONSULTANT will communicate with BCPW, California Department of Fish and Wildlife (CDFW), and Regional Water Quality Control Board (RWQCB) staff, as needed, to define the regulatory permitting requirements and regulatory timing constraints pertinent to the implementation of various Plan treatments. Both Emergency and Complete Plans will upgrade and storm-proof the 7 miles of Dixie Road to current rural road design standards as defined by Handbook for Forest, Ranch and Rural Roads, a Guide for Constructing, Re-constructing, Maintaining and Closing Wildland Roads (Weaver, Weppner, and Hagans, 2015) and California Salmonid Stream Habitat Restoration Manual, Chapters 9 and 10 (CDFW, 1998; Weaver, Hagans and Weppner, 2006). All identified future erosion sites and recommended treatment prescriptions will be staked and/or flagged in the field by BCRCD AND/OR Consultant during the rapid evaluation in preparation for emergency maintenance treatments and needed storm-proofing construction tasks. Both the Emergency and Complete storm-proofing plans for Dixie Road developed by PWA will include: 1) a stationed road log detailing all storm-proofing Plan treatments, 2) detailed GIS based maps identifying the location of all proposed Plan treatments, 3) typical design drawings of proposed Plan treatments, and 4) a construction cost estimate for Plan treatments. Digital copies of the Plans will be provided to BCPW and BCRCD. Physical copies of the Plans will be provided to BCPW and private contractors as necessary County Responsibilities: The County will review the data and assist in prioritizing elements within the Final Plan of Action. The County will be responsible for contracting with a qualified and licensed contractor with experience in Agreement with Butte RCD/ BCPW Dixie Road post Camp Fire 2 of 6

4 rural and forest road storm proofing, as described in the Construction Handbooks so as to rapidly implement any and all Emergency Plan triage road treatments and repairs deemed necessary by the County. 3.3 CONTRACTING OFFICER S REPRESENTATIVE SERVICES BCRCD AND/OR CONSULTANT staff will provide construction staking/flagging necessary for BCPW to identify Emergency Plan treatment locations during Emergency Plan construction implementation. BCRCD AND/OR CONSULTANT staff will perform Contracting Officer s Representative (COR) services and technical oversight of construction activities of BCPW road maintenance crews during Emergency Plan construction. Technical oversight and COR services will be provided by BCRCD AND/OR CONSULTANT to increase the efficiency, effectiveness and cost-effectiveness of heavy equipment and labor crews, provide QA/QC for road treatment products, provide analysis and evaluation of geologic hazards during construction, and allow for adaptive management of the Emergency Plan as it is being implemented to ensure the effectiveness of the Emergency Plan treatments. 4 REIMBURSEMENT SCHEDULE 4.1 HOURLY AND UNIT RATE: DISTRICT AND CONSULTANT SERVICES ITEM RATE* ($/UNIT) Personnel/ Labor Direct Costs Administration and Project Coordination and/or Jr. Engineer Principal Geologist/Geomorphologist Professional Geologist Physical Science Technician GIS Specialist Clerical Field/Office Supplies 1.00 Transportation Mileage Lodging * labor rates listed include 15% overhead The total cost for BCRCD and CONSULTANT services will not exceed $50, Payments will be made on a time-and-materials basis. District shall submit detailed invoices to County within 30 days of each month end. Invoices shall include sufficient detail to determine specifics of work performed, including dates of work performed, hours worked per day, and a brief description of services performed. District shall maintain satisfactory financial accounts, documents, and records for the project and shall make them available to County when claiming reimbursement. County's payment to District will be made within 30 days of receiving a submitted invoice. Agreement with Butte RCD/ BCPW Dixie Road post Camp Fire 3 of 6

5 5 ADMINISTRATION District accepts direct responsibility to furnish as-built construction information necessary to meet emergency permitting requirements of CDFW. Upon final invoice, District shall provide a summary report, showing total final contract expenditures. 6 TERMINATION During this Agreement's term, the Agreement may only be rescinded, modified, or amended by mutual agreement in writing. County and District recognize that failure by District to comply with the terms of this Agreement may be cause for suspension of all obligations hereunder. 7 HOLD HARMLESS/INDEMNIFICATION All parties hereby release, waive, discharge, and covenant not to sue each other and their officers, agents, servants, and employees (collectively the "Releasees") for all liability, claims, demands, actions or causes of action whatsoever arising out of any damages, loss or injury as a result of this Agreement, whether such damage, loss or injury results from the negligence of the Releasees or for any other cause. District shall indemnify, hold harmless, and defend the County of Butte, its officers, agents, and employees against any and all claims, demands, damages, costs, expenses, or liability costs arising out of the operation or maintenance of the property acquired or operated as part of this project, which claims demands or causes of action arise under Government Code Section or otherwise except for liability arising out of the concurrent or sole negligence of State, the County of Butte, its officers, agents, or employees. In the event the County of Butte is named as co-defendent under the provisions of the California Government Code, District shall notify the County, whatever the case may be, of such fact and shall represent the County in the legal action unless County undertakes to represent themselves as codefendant in such legal action in which County shall bear its own litigation costs, expenses, and attorney's fees. In the event of judgement entered against the County or District because of the concurrent negligence of County and District, their officers, agents, or employees, an apportionment of liability to pay such judgement shall be made by a court of competent jurisdiction. None of the parties shall request a jury apportionment. 8 NON-DISCRIMINATION District shall not discriminate against any person on the basis of sex, race, national origin, religion, ancestry, or physical handicap in the use of any property acquired pursuant to the Agreement. District shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law. Agreement with Butte RCD/ BCPW Dixie Road post Camp Fire 4 of 6

6 9 INSURANCE REQUIREMENTS District assumes responsibility for any liability arising from activities undertaken and performed hereunder as is set forth in Section 7 (HOLD HARMLESS/INDEMNIFICATION). District agrees to acquire necessary Workmen's Compensation, General Liability, and Property Damage insurance and Physical Damage Insurance. 10 INDEPENDENT CONTRACTOR In performing services under this agreement, District shall be deemed an independent contractor and shall not act as an employee of County. As an independent contractor, District will be solely responsible for determining the means and methods for performing the services described above and District shall observe and abide by all applicable laws and regulations, including, but not limited to those relative to conduct on the premises. District agrees to perform the services with that standard of professional care, skill, and diligence normally provided in the performance of similar services. 11 CONFLICT OF INTEREST District covenants that District presently has no interest and shall not acquire interest, direct or indirect which would conflict in any manner or degree with the performance of services required under this Agreement. District further covenants that in the performance of this Agreement, no person having any such interest shall be employed by District. This Agreement constitutes the complete understanding of the parties and shall be governed by the laws of the State of California. 12 SEVERABILITY If one or more of the provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable in any respect, then such provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceable shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, or unenforceable provision had not been contained herein. 13 NOTIFICATIONS Any notice to be given by either party to the other shall be given in writing and shall be sent prepaid first class certified mail, return receipt request, addressed as follows or personally hand-delivered: COUNTY Butte County Public Works Department Attention: Radley Ott; Assistant Director of Public Works 7 County Center Drive Oroville, CA Phone: (530) rott@buttecounty.net DISTRICT Butte County Resource Conservation District Attention: Thad Walker, Conservation Project Coordinator 150 Chuck Yeager Way, Suite A Oroville, CA Phone: (530) x122 bc-rcd@carcd.org Agreement with Butte RCD/ BCPW Dixie Road post Camp Fire 5 of 6

7 In witness whereof, the parties have executed this Agreement as of the day and year indicated: Dated this day of, 2019 COUNTY DISTRICT Steve Lambert Chair, Board of Supervisors, Butte County David Lee Chairman of the Board, Butte County Resources Conservation District Date Date Approved as to Form: Reviewed for Contract Policy Compliance and Fiscal Control By: BRUCE S. ALPERT County of Butte, County Counsel By: Date Agreement with Butte RCD/ BCPW Dixie Road post Camp Fire 6 of 6

HCAOG CONSULTANT SERVICES CONTRACT FOR PREPARATION OF THE

HCAOG CONSULTANT SERVICES CONTRACT FOR PREPARATION OF THE This is a contract, entered into on, in Eureka, California, between the HUMBOLDT COUNTY ASSOCIATION OF GOVERNMENTS, hereinafter called HCAOG, and,