HomeMy WebLinkAboutReso 2000-142 - Urban Streams RESOLUTION NO. 2000- /9 Z
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
ENDORSING APPLICATION FOR AN URBAN STREAMS RESTORATION GRANT
FOR THE SECRET CANYON CROSSING REMOVAL PROJECT; DETERMINING
APPROPRIATE ENVIRONMENTAL IMPACT DOCUMENT PREPARATION;
CONDITIONALLY ACCEPTING THE GRANT, IF OFFERED; AND DESIGNATING
A SIGNATOR.
WHEREAS:
A. The California Department of Water Resources (DWR), Division of Planning and Local
Assistance, Urban Streams Restoration Program, has announced the availability of funds for grants.
B. The grants are intended to help solve flooding and erosion problems in a way that provides
environmental enhancement.
C. The Sacramento Watersheds Action Group has proposed co-sponsoring a grant application with
the City of Redding for a DWR Urban Stream Restoration Grant for the Secret Canyon Crossing Removal
Project (Project). Secret Canyon is a tributary to Sulphur Creek.
D. The City of Redding has concluded that the Project proposed for funding with the grant funds
would be environmentally beneficial and categorically exempt from California Environmental Quality Act
(CEQA)requirements for environmental document preparation under the following exemption: Class 1(i).
E. The City of Redding considers the prospects of receiving such a grant to be reasonably likely.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redding:
1. Approves the joint application with the Sacramento Watersheds Action Group for an Urban Streams
Restoration Program grant for the Secret Canyon Crossing Removal Project.
2. If offered such a grant, the City Manager is authorized to accept the grant and sign all contracts for
administration of the grant funds, including Agreement No. V-70032, a copy of which is attached and
made a part hereof by reference.
3. The City Clerk is directed to attest the signature of the City Manager, when required.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular
meeting of the City Council on the 5 t h day ofs e p t e mb e,r2000, by the following vote:
AYES: COUNCILMEMBERS:Cibula , Kight , McGeorge , Pohlmeyer & Anderson
AYES: COUNCIL MEMBERS:N o n e
ABSENT: COUNCIL MEMBERS:N o n e
ABSTAIN: COUNCIL MEMBERS:N o n e
epi
R: :ERT . ANDERSON, Mayor
Attest: Form Approved:
Connie Strohmayer, City/er W. Leonard Wingate, Ci ttorney
Agreement No. V-70032
SAP Contract No.
STATE OF CALIFORNIA
THE RESOURCES AGENCY
DEPARTMENT OF WATER RESOURCES
CONTRACT BETWEEN THE STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES AND
the Sacramento Watersheds Action Group
and the City of Redding
UNDER THE URBAN CREEK RESTORATION AND FLOOD CONTROL ACT
THIS AGREEMENT is made and entered into between the Department of Water
Resources of the State of California, hereinafter called the State, and the Sacramento
Watersheds Action Group and the City of Redding hereinafter called the Grantees, which
parties do hereby agree as follows:
1. Purpose. The purpose of this Contract is to provide Urban Creek Restoration Program
grant funds for the planning and/or execution of a watershed stabilization and flood damage
reduction project, as provided for by California Water Code Section 7048. Grantees agree to
use the property acquired, developed, rehabilitated or restored with the grant funds for the
purposes set forth in the California Wildlife, Coastal and Park Land Conservation Act of 1988
(California Public Resources Code Sections 5900-5938).
2. Grant Amount. Subject to the availability of funds, the State shall provide a grant in the
amount of $15,300 to the Grantees to assist in financing the urban creek protection,
restoration and enhancement project to be carried out as described in paragraph 3 below.
3. Grantees Responsibilities:
A. The Grantees shall implement on-site work to be performed as specified in the
attached Work Plan developed by the Grantees' Project Manager with the assistance of the
Project Manager(s) for the State. This Work Plan is a part of this Contract.
B. The Grantees shall develop a program to manage streambank stabilization, stream
channel environment and watershed for the purpose of reducing damages from erosion and/or
floods and improving the environmental values of the riparian environment. Development of
this management program is provided for in the attached Work Plan.
C. Grantees are solely responsible for design, construction, operation and
maintenance of the project. Review or approval of plans, specifications, bid documents or
other construction documents by the State is solely for the purpose of proper administration of
grant funds by the State and shall not be deemed to relieve or restrict the Grantees'
responsibility. Any planning and design assistance provided to the Grantees by the State is
provided pursuant to California Water Code Section 7048 and is not governed by the terms of
this Contract.
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Agreement No. V-70032
SAP Contract No.
4. Report. Upon completion of the project, the Grantees shall submit a written report which
contains: (1) a description of conditions before the project was executed, (2) a description of
the restoration and planning techniques used, (3) a description of the results of the project,
and (4) an analysis of the techniques used. The report must include photographs of planning
and restoration activities and techniques.
5. Term of Contract. The term of this Contract will begin on August 1, 2000 and extend
through December 31, 2001.
6. Maintenance. The Grantees agree to maintain and operate the property acquired,
developed, rehabilitated or restored with the grant funds provided in this agreement in
perpetuity. The Grantees or its successors may, with the approval of the State, transfer this
responsibility to maintain and operate the property.
7. CEQA Compliance. Prior to disbursement of funds under this Contract, the Grantees shall
comply with all applicable requirements of the California Environmental Quality Act (California
Public Resources Code Sections 21000-21177).
8. Project Managers. The project manager for the State is Sara Denzler. The project
manager for the Grantees is John McCullah, Sacramento Watersheds Action Group, and the
person designated to submit the Grantees' claims is Vance Howard, Sacramento Watersheds
Action Group.
9. Method of Payment. Payment will be made upon receipt of an invoice in triplicate, in
arrears by the Department of Water Resources, P. 0. Box 942836, Sacramento, California
94236-0001, Attention: Sara Denzler, 1020 9th Street, Third Floor. Invoices should include
Contract number and Work Plan element identification.
10. Payment Retention. The State reserves the right to withhold from payment up to 10
percent of the value of the submitted invoices per Public Contracts Code Section 10346 until it
is satisfied that the project being financed by this grant is completed. It is understood that
payment(s) may be withheld until a report summarizing project results is received and found
satisfactory by the State. Contractor may substitute securities for such retention as stipulated
by Government Code Section 4590 and shall receive any interest thereon.
11. Standard Provisions. Exhibit A, containing standard provisions, is attached hereto and by
this reference incorporated herein.
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•
Agreement No. V-70032
SAP Contract No.
Approved as to Legal Form STATE OF CALIFORNIA
and Sufficiency: DEPARTMENT OF WATER RESOURCES
By By
Chief Counsel Chief, Division of Planning and
Department of Water Resources Local Assistance
P. O. Box 942836
Sacram- to CA 94236-0001
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Agreement No. V-70032
SAP Contract No.
Exhibit A
State of California
The Resources Agency
DEPARTMENT OF WATER RESOURCES
STANDARD CLAUSES
A-1. Worker's Compensation Clause
Grantees affirm that they are aware of the provisions of Section 3700 of the California
Labor Code which require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the provisions of that Code,
and Grantees affirms that they will comply with such provisions before commencing the
performance of the work under this Contract. Grantees will make its contractors and
subcontractors aware of this provision and determine that they have complied with it before
commencing work on the project. Volunteer laborers are exempt from the worker's
compensation provisions of the California Labor Code.
A-2. Claims Dispute Clause
Any claims that Grantees may have regarding the performance of this agreement,
including but not limited to claims for additional compensation or an extension of time, shall be
submitted to the Director, Department of Water Resources, within thirty days of its accrual.
State and Grantees shall then attempt to negotiate a resolution of such claims and process an
amendment to this agreement to implement the terms of any such resolution.
A-3. National Labor Relations Board Clause
In accordance with Public Contract Code Section 10296, Grantees declare under
penalty of perjury that no more than one final, unappealable finding of contempt of court by a
federal court has been issued against the Grantees within the immediately preceding two-year
period because of Grantees' failure to comply with an order of a federal court which orders
Grantees to comply with an order of the National Labor Relations Board.
A-4. Nondiscrimination Clause
During the performance of this Contract, the Grantees, their contractors and
subcontractors shall not deny the Contract's benefits to any person on the basis of religion,
color, ethnic group identification, sex, age, physical or mental disability, nor shall they
discriminate unlawfully against any employee or applicant for employment because of race,
religion, color, national origin, ancestry, physical handicap, mental disability, medical condition,
marital status, age (over 40) or sex. Grantees shall insure that the evaluation and treatment of
employees and applicants for employment are free of such discrimination. Grantees, their
contractors and subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Government Code Section 12900 et seq.), the regulations promulgated
thereunder (California Administrative Code, Title 2 Sections 7285.0 et seq.), the provisions of
Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code
Sections 11135-11139.5) and the regulations or standards adopted by the awarding State
agency to implement such article.
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Agreement No. V-70032
SAP Contract No.
Exhibit A
Grantees, their contractors and subcontractors shall give written notice of their
obligations under this clause to labor organizations with which they have a collective
bargaining or other agreement.
Grantees shall include the nondiscrimination and compliance provisions of this clause
in all subcontracts to perform work under the Contract.
Grantees, their contractors and subcontractors shall permit access by representatives
of the Department of Fair Employment and Housing and the awarding State agency upon
reasonable notice at any time during the normal business hours, but in no case less than 24
hours notice, to such of its books, records, accounts, other sources of information and its
facilities as said Department or Agency shall require to ascertain compliance with this clause.
The Grantees' signature on this Contract shall constitute a certification under the
penalty of perjury under the laws of the State of California that the Grantees have, unless
exempted, complied with the nondiscrimination program requirements of Government Code
Section 12990 and Title 2, California Code of Regulations Section 8103.
A-5. State to be Held Harmless
The Grantees agree to indemnify the State of California, Department of Water
Resources and its officers, agents and employees against and to hold the same free and
harmless from any and all claims, demands, damages, losses, costs, expenses or liability due
or incident to, either in whole or in part, and whether directly or indirectly, the project.
A-6. Compliance With Laws, Regulations, Permit Requirements
The Grantees shall at all times comply with, and require its contractors and
subcontractors to comply with, all applicable federal and State laws, rules and regulations,
permits and all applicable local ordinances, specifically including but not limited to
environmental, procurement and safety laws, rules, regulations, permits and ordinances.
A-7. Successors and Assigns
This Contract and all of its provisions shall apply to and bind the successors and
assigns of the parties hereto. No assignment or transfer of this Contract or any part hereof,
rights hereunder or interest herein by the Grantees shall be valid unless and until it is approved
by the State and made subject to such reasonable terms and conditions as the State may
impose.
A-8. Audit Requirement
Pursuant to Government Code Section 8546.7, the contracting parties shall be subject
to the examination and audit of the State and the State Auditor General for a period of three
years after final payment under this Contract with respect to all matters connected with the
performance of this Contract, including but not limited to the cost of administering this
Contract. All records of the Grantees shall be preserved for this purpose for at least three
years after completion of the project.
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Agreement No. V-70032
SAP Contract No.
Exhibit A
A-9. Inspections
(a) The State shall have the right to inspect the work being performed at any and all
reasonable times during the term of the Contract. This right shall extend to any subcontracts,
and Grantees shall include provisions ensuring such access in all its contracts or subcontracts
entered into pursuant to its Contract with the State.
(b) The State shall have the right to inspect the project site at any and all reasonable
times after completion of the project to ensure compliance with paragraphs 1 and 6 of the
Contract.
(c) During regular office hours, each of the parties shall have the right to inspect and to
make copies of any books, records, or reports of the other party relating to this Contract. Each
of the parties shall maintain and shall make available at all times for such inspection accurate
records of all of its cost, disbursements and receipts with respect to its activities under this
Contract.
A-10. Performance Evaluation
Contractor's performance under this Contract will be evaluated after completion.
A-11. Contracting Officer of the State
The contracting office of the State shall be the Chief of the Division of Local Assistance
of the Department of Water Resources of the State of California and his successors, or their
duly authorized representatives. The contracting officer shall be responsible for all
discretionary acts, opinions, judgments, approvals, reviews and determinations required by the
State under the terms of this Contract.
A-12. Remedies Not Exclusive
The use by either party of any remedy specified herein for the enforcement of this
Contract is not exclusive and shall not deprive the party using such remedy of, or limit the
application of, any other remedy provided by law.
A-13. Amendments
This Contract may be amended in writing by mutual agreement of the parties. Any
request by the Grantees for amendments must be in writing, stating the amendment request
and the reason for the request. The Grantees shall make requests in a timely manner and in
no event less than 60 days before the effective date of the amendment.
A-14. Waiver of Rights
It is the intention of the parties hereto that from time to time either party may waive any
of its rights under this Contract unless contrary to law. Any waiver by either party hereto of
rights arising in connection with this Contract shall not be deemed to be a waiver with respect
to any other rights or matters.
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Agreement No. V-70032
SAP Contract No.
Exhibit A
A-15. Notices
All notices that are required either expressly or by implication to be given by one party
to the other under this Contract shall be signed for the State by its contracting officer and for
the Grantees by such officers as from time to time they may authorize in writing to so act. All
such notices shall be deemed to have been given if delivered personally or if enclosed in a
properly addressed, postage-prepaid envelope and deposited in a United States Post Office
for delivery by registered or certified mail.
A-16. Ownership and Use of Photographs, Audio and/or Video Recordings and other
Publications.
Grantees shall provide the Department with reasonable access to all original
photographic materials, audio and video recordings of work funded by this grant, and
authorizes the Department to use any part or all of the photographic materials, master audio
and master video recordings for the Department's purposes.
Grantees shall make available to the Department for it's review and comment a copy of
any completed publication, brochure, video or audio tape produced in whole or in part with
funds from this grant prior to releasing it to parties other than the Grantees and Grantees' •
subcontractors. No release of such materials shall be made without the joint approval of the
Department and the Grantees. Approval shall not be unreasonably withheld.
A-17. Drug Free Workplace Certification.
By signing this contract, the Contractor or grantee hereby certifies under penalty or perjury
under the laws of the State of California that the Contractor or grantee will comply with the
requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.)
and will provide a drug-free workplace by taking the following actions:
1. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited and
specifying action to be taken against employees for violations.
2. Establish Drug-Free Awareness Program to inform employees about all of the
following:
(a) The dangers of drug abuse in the workplace.
(b) The person's or organization's policy of maintaining a drug-free workplace,
(c) Any available counseling, rehabilitation and employee assistance
programs, and
(d) Penalties that may be imposed upon employees for drug abuse violations.
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Agreement No. V-70032
SAP Contract No.
Exhibit A
3. Every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company's drug-free policy statement, and
(b) Will agree to abide by terms of the company's statement as a condition of
employment on the contract or grant.
A-18. Americans With Disabilities Act.
By signing this contract, Contractor assures the State that it complies with the Americans
With Disabilities Act (ADA) of 1990, (42 U.S.C. 12101 et seq.), which prohibits discrimination on the
basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
A-19. Conflict of Interest.
Current State Employees:
a) No State officer or employee shall engage in any employment, activity or enterprise
from which the officer or employee receives compensation or has a financial interest
and which is sponsored or funded by any State agency, unless the employment,
activity or enterprise is required as a condition of regular State employment.
b) No State officer or employee shall contract on his or her own behalf as an
independent contractor with any State agency to provide goods or services.
Former State Employees:
a) For a two-year period from the date he or she left State employment, no former
State officer or employee may enter into a contract in which he or she engaged in
any of the negotiation, transactions, planning, arrangements or any part of the
decision-making process relevant to the contract while employed in any capacity
by any State agency.
b) For a twelve-month period from the date he or she left State employment, no former
State officer or employee may enter into a contract with any State agency if he or
she was employed by that State agency in a policy-making position in the same
general subject area as the proposed contract within the twelve-month period prior
to his or her leaving State service.
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Agreement No. V-70032
SAP Contract No.
A-20. Year 2000 Compliance.
The contractor warrants and represents that the goods or services sold, leased, or licensed
to the State of California, its agencies, or its political subdivisions, pursuant to this Agreement are
"Year 2000 compliant." For purposes of this Agreement a good or service is Year 2000 compliant if
it will continue to fully function before, at, and after the Year 2000 without interruption and, if
applicable, with full ability to accurately and unambiguously process, display, compare, calculate,
manipulate, and otherwise utilize date information. This warranty and representation supersedes
all warranty disclaimers and limitations on liability provided by or through the Contractor.
A-21. Child Support Compliance Act.
For any contract in excess of $100,000, the contractor acknowledges in accordance with, that:
(a) the contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of
Part 5 of Division 9 of the Family Code; and;
(b) the contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
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