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Home My WebLink AboutCC Resolution 14209 (Creek Maintenance Agr)RESOLUTION NO. 14209 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR CREEK MAINTENANCE WHEREAS, the City is seeking reimbursement for creek maintenance operations the City performs within the Rafael Meadows Neighborhood through its contractor, Forster & Kroeger Landscape Maintenance, Inc.; and WHEREAS, the Marin County Flood Control and Water Conservation District, Zone 6 has been established to prevent flooding in this area; and WHEREAS, the Marin County Flood Control and Water Conservation District will reimburse the City for maintenance of specific drainage facilities within Flood Zone 6 in the amount of $8,000; and WHEREAS, staff has reviewed the agreement with the Marin County Flood Control and Water Conservation District and found it to be within acceptable standards; and WHEREAS, funding received from the County will be deposited in Fund No. 205: Storm Drainage, and the creek maintenance work performed for the City by Forster & Kroeger Landscape Maintenance, Inc. will be paid from the same fund. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The creek maintenance agreement with the Marin County Flood Control and Water Conservation District is approved. 2. The City Manager is authorized to execute the Creek Maintenance Agreement in a form approved by the City Attorney's office. 3. The Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 3`d day of October, 2016, by the following vote, to wit: AYES: COUNCIL MEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Colin ESTHER C. BEIRNE, City Clerk File No. 08.03.08 COUNTY O�N-" Raul M. Rojas DIRECTOR Administration PO Box 4186 San Rafael, CA 94913-4186 415 4716511 T 415 473 3799 F 415 473 3232 TTY DEPARTMENT OF PUB.-H.C._.W.O.R_KS. Quality, Excellence, Innovation October 18, 2016 Board of Supervisors Marin County Flood Control and Water Conservation District 3501 Civic Center Drive San Rafael, CA 94903 SUBJECT: Maintenance Agreement with the City of San Rafael for Annual Creek Clearing in Flood Control Zone 6, Supervisorial District 1 Dear Board Members: CRS Dial 711 www.marincounty.org/pw RECOMMENDATION: Approve and execute the agreement. Accounting Airport Building Maintenance Capital Projects Certified Unified Program Agency (CUPA) Communications Maintenance County Garage Disability Access Engineering & Survey Flood Control & Water Resources Land Development Purchasing Real Estate Reprographic Services Road Maintenance Stormwater Program Transportation & Traffic Operations Waste Monagemzfif SUMMARY: The attached Maintenance Agreement delineates cooperative roles between the Marin County Flood Control and Water Conservation District (District) and the City of San Rafael (City) for clearing key locations of debris and vegetation in the creeks and outfalls within the municipal limits prior to the winter rainy season. Flood Control Zone 6 includes the San Rafael Meadows neighborhood which is generally bordered by North San Pedro Road to the south, the SMART railroad tracks to the west and north, and Highway 101 to the east. Under the terms of the Agreement, the City will perform maintenance on specific reaches of creeks to remove vegetation, silt, and other potential obstructions, thereby improving the flood flow capacity of the creeks. A portion of the funds will be reserved for use by the City in case emergency maintenance is needed. Flood Control Zone 6 will reimburse the City for the work performed up to a maximum amount of $8,000. The scope of the maintenance work and reimbursement amount was discussed at the September 13, 2016, Flood Control Zone 6 Advisory Board meeting. The attached Maintenance Agreement was approved by the City of San Rafael at the October 3, 2016, City Council meeting. FISCAL IMPACT: Funds are available in the Flood Control Zone 6 budget (32617641, Maintenance -Building and Improvement 521910). There are no additional impacts as a result of this action. REVIEWED BY: [ ] Department of Finance [ X ] N/A [ X ] County Counsel [ ] N/A [ ] Human Resources [ X ] N/A Respectful) , AnthQ69 Williams, P.E. Principal Civil Engineer Contract Number: 31700799 ��F'5 EDD Lr t� OCT 18 2016 Marin County Flood Control & V'later Conservation District Hoard of Supervisors Attachment: Creek Maintenance Agreement with the City of San Rafael c: PyJAic Works Director, City of San Rafael CREEK MAINTENANCE AGREEMENT FOR THE MAINTENANCE OF VARIOUS DRAINAGE CHANNELS, AND PORTIONS THEREOF, WITHIN THE CITY OF SAN RAFAEL AND FLOOD CONTROL ZONE NO. 6 OF THE MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT This CREEK MAINTENANCE AGREEMENT made and entered into on the dates shown below by and between the MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California hereinafter referred to as "DISTRICT," and the CITY OF SAN RAFAEL, political subdivision of the State of California, hereinafter referred to as "CITY;" RECITALS WHEREAS, "CITY" and "DISTRICT" have in common the power to maintain, repair, and manage drainage channels for the protection of the public; and WHEREAS, "CITY" and "DISTRICT" desire to cooperate on the maintenance of the drainage channels, NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. "CITY" shall: a) Perform maintenance work on the portion of drainage channels listed as Maintenance Sites in Exhibit 'An attached hereto. Such maintenance includes vegetation and debris removal as well as other related work which affords proper drainage channel maintenance including but not limited to storm related work/emergency response; b) Perform said maintenance / emergency response during the Fiscal Year period from July 1't, 2016 to June 3&, 2017. ALL routine maintenance work in creeks, must be performed between July tat, 2016 through October le, 2016 and between April le, 2017 through June 30th, 2017, additional work beyond this period may be performed for storm related / emergency response only. c) Notify the "DISTRICT'S" Contract Manager at least two (2) days prior to the commencement of said work such that the District may inspect the maintenance work during the course of its performance; d) Charge the "DISTRICT' for maintenance work at the rate charged by the "CITY's" creek maintenance contractor; e) Keep and maintain records, for "DISTRICTS" examination, of all personnel, material, equipment and/or outside services which "CITY" utilizes in the performance of said maintenance work; f) Submit a billing to "DISTRICT' upon completion of said maintenance work; said billing shall include an accounting of all charges for personnel, material, equipment and/or outside services which "CITY" shall have used for the performance of work; it being specifically understood that "CITY" shall not for any reason whatsoever bill or claim any amount in excess of $8,000 for the maintenance work performed pursuant to this agreement; and P:Waintenance\Creek\Contract Agmements12016-I ManRafael g) Submit with said billing a list identifying the specific reaches of drainage channels maintained, date(s) maintained, types and quantities of materials removed as specified on the Routine Maintenance Activities (RMA) Site Report Form, attached as Exhibit B; and h) Indemnify, defend and hold harmless DISTRICT, its officers, agents and employees from and against any and all claims and losses whatsoever arising out of or connected with the CITY'S negligent performance of this agreement by act or omission, or by willful misconduct, or by intentional failure to perform hereunder. Comply with all Federal, State and Local requirements, and secure all necessary permissions, permits and/or licenses for, and as part of, performing said maintenance work. This includes compliance with the District's Stream Maintenance Program Manual* (SMPM) and Department of Fish and Wildlife Streambed Alteration Agreement (SAA) No. 1600-2012-0207-R3 of which copies shall be obtained prior to initiating any work under this agreement. Additionally, the City shall send an appropriate representative to attend District -provided training sessions regarding the requirements of the SMPM and SAA every spring. *Preparation of this document is in progress; until it is finalized by the District only vegetation maintenance (no sediment removal) shall be performed. j) Conduct creek vegetation maintenance work in accordance with FishNet 4C Roads Manual and BASMAA Flood Control Facilities Maintenance BMP Manual, which are available online at: www.mcstoppp.org/reports.htm 2. "DISTRICT" shall Pay to "CITY" upon the satisfactory completion of said maintenance work, and upon receiving and auditing the billing therefor, the cost of performing such work, in an amount not to exceed $8,000. 3. This Contract shall be managed and administered on DISTRICT'S behalf by the Contract Manager named below: Contract Manager: Tony Williams Address: Marin County Flood Control and Water Conservation District P.O. Box 4186 Room 304 San Rafael, CA 94913-4186 Telephone: 415 473-6432 4. This Contract shall be managed and administered on CITY'S behalf by the Contract Manager named below: Contract Manager: Kevin McGowan Address: City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 Telephone: 415 485-3389 PAMaintenance\Creek\CanLmct Agreements\2016-17\Sanilafael 5. THIS CREEK MAINTENANCE AGREEMENT shall terminate upon completion of and payment for said maintenance work, except as to obligations pursuant to Paragraph 1(g). 6. The parties have set forth the whole of their agreement herein. Performance of this agreement constitutes the entire consideration for said maintenance work and shall relieve "DISTRICT" and "COUNTY" of all further obligations or claims on this account or on account of the location or performance of said maintenance work ATTEST: "CITY" Esther C. Beirne, City Clerk { �! Jim Schutz, City Man`agerl APPROVED AS TO FORM: L " Robert F. Epstein, ~City A lorney ATTEST: Clerk, 6ounty Marin P .Maintenance•Crcck Contract AgrecmcntsU016-17\SanRafacl Date: 1 "DISTRICT" President, Board of SupeQtisoi Marin County Flood Control And Water Conservation Distri Date: PCO pF.SUPF9�,�o cn SM. 4f EXHIBIT "A" MARIN COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT CREEK MAINTENANCE AGREEMENT 2016-2017 MAINTENANCE SITES' Watercourse Reaoch N. Beginning of Reach End of Reach RMA Site ID Tributary #1 to 126 feet upstream and between To the short stretch between South Las Gallinas 1 the houses #49 & #101 Corrillo Dr. #202 & #204 Las Flores Ave. 6 -SRM -2 Creek and downstream from culvert From behind #202 & #204 55 ft upstream of confluence 2A Las Flores Ave on Merrydale Rd at Bridge by #380 Merrydale 6 -SRM -2 Downstream North direction Rd. Merrydale Ditch 2B 50 ft upstream of confluence at p 100 ft downstream of confluence at Bridge by #380 6 -SRM -1 Bridge by #380 Merrydale Rd. Merrydale Rd. 2C 100 ft downstream of confluence at Perpendicular to the Railroad 6 -SRM -2 Bridge by #380 Merrydale Rd. track 3A Between #208 Los Ranchitos Rd. Adjacent to the Railroad track 6 -SRM -2 Tributary #2 to and #2 Constance Dr. behind #8 Constance Dr. South Las Gallinas Creek 3B Adjacent to the Railroad track To Merrydale Ditch 6 -SMART behind #8 Constance Dr. Corrillo Drive Ditch 4 107 ft. in length between #405 & T Tributary #2 6 -SRM -2 #403 Corrillo Drive South Las Gallinas 5 Downstream from Bridge by #380 Inlet under Hwy 101 6 -SRM -1 Creek Merrydale Rd. 1Maintenance Sites include the entire reach of creek between the "beginning of reach" and "end of reach" including all public property and easements and right-of-ways. On private properties the City is responsible for securing adequate authority to perform work. P:\Maintenance\Creek\Contract Agreements\2016-17\SanRafael EXHIBIT "A" MAP MARIN COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT CREEK MAINTENANCE AGREEMENT 2016-2017 P�C"s 13 ° Guide /1 34-1 /,,� %//F - Xy, %?- \NR \ Rowan 11, Se�gyia d Creek Maintenance Sites* 0 200 400 N Feet A MAP IS REPRESENTATIONAL ONLY. MAY 2014 b DATA ARE NOT SURVEY ACCURATE. r c� 'Maintenance Sites include the entire reach of creeWdreinage ,p between the 'beginning of reach- and *end of reach' including all public property and easements and right-of-ways and specifically excepting privately held properties. PANtaintenanceTreckTontract Agrecments\20 t 6-1 Manitafacl way EXHIBIT "B" MARIN COUNTY FLOOD CONTROL DISTRICT CREEK MAINTENANCE AGREEMENT 2016 — 2017 Routine Maintenance Activities (RMA) Site Report Form Site ID: Date: Vegetation Work Type Maintenance J Levee Sediment Mowing Removal Cattail Erosion Control Work Date(s): If Vegetation Maintenance Linear ft of channel treated: Before/After Photos: If Sediment Removal Linear ft of Eart Linear ft of Concrete Channel: Width(ft): Depth(ft): Yd 3: If Mitigation is required # of Trees planted: Before/After Photos: Site Notes: hen Channel Coffer dam? Yes No P:Vvlaintenance\CreeklContract Agreements12016-ITSanRafeel CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Stephanie Gindlesperger/Kevin McGowan Extension: 3454 Contractor Name: Marin County Flood Control and Water Conservation District Contractor's Contact: Bene Da Silva Contact's Email: BDaSilva@marincounty.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor N/A ® SG 9/13/2016 b. Email contract (in Word) & attachments to City Z SG Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 9/16/2016 Z LAG and return to Project Manager b. Confirm insurance requirements, create Job on N/A ® LAG PINS, send PINS insurance notice to contractor 3 Project Manager Forward at least two originals of final agreement to Click here to ❑ contractor for their signature enter a date. I 4 Project Manager When necessary, * contractor -signed agreement ❑ N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ Public Works Contract > $125,000 Date of Council approval Click here to enter a date. PRINT _ I CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney I Review and approve insurance in PINS and , and �� bonds (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official t�jljb�]� 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager I(c, I'� -