HomeMy WebLinkAboutCC Resolution 13947 (Creek Maintenance Agreement)RESOLUTION NO. 13947
RESOLUTION APPROVING A CREEK MAINTENANCE AGREEMENT WITH
MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT AND AUTHORIZING THE ACTING DIRECTOR OF PUBLIC
WORKS TO SIGN THE AGREEMENT ON BEHALF OF THE CITY
WHEREAS, the City is seeking reimbursement for creek maintenance
operations the City performs within the Rafael Meadows Neighborhood; and
WHEREAS, the Marin County Flood Control and Water Conservation
District 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 $6,000; 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 shall be deposited in Fund
#205 - Storm Drainage and subsequent maintenance work with the California
Conservation Corps 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; and
2. The Acting Director of Public Works is authorized to execute the Creek
Maintenance Agreement in a form approved by the City Attorney's office.
3. The Acting 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 15th day of June, 2015, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Colin
'4-vrtar- -- -a,,, e -f'
ESTHER C. BEIRNE, City Clerk
File No. 08.03.08
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DEPARTME..NT...O.,...-P.U.B:::. CORKS
COUNTY OF MARIN `: Quality, E ellence, Innovation
Raul M. Rojas
DIRECTOR September 15, 2015
Board of Supervisors r'°-0PIc°°�r
G. O Y
Administration Marin County Flood Control and Water Conservation District `eZ'S,t�/
PO Box 4186 3501 Civic Center Drive S °00
San Rafael, CA 94913.4 M6 San Rafael, CA 94903
415 473 6528 T SUBJECT: Creek Maintenance Agreement in Flood Control Zone 6
415 473 3799 F
415 473 31 1 TTY Dear Board Members:
CRS Dial 71 1
www.marincounty.org/pw RECOMMENDATION: Execute the Maintenance Agreement for Annual Creek
Waste Management
13W]
Clearing in the City of San Rafael in Flood Control Zone 6.
Accounting
SUMMARY: The attached Maintenance Agreement delineates cooperative roles
Airport
between the 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
Building Maintenance
and outfalls within the municipal limits prior to the winter rainy season. Under the
terms of the Agreement, the City will perform maintenance on specific reaches of
Capital Projects
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
Certified Unified Program
reserved for use by the City in case emergency maintenance is needed. Flood
Agency (COPA)
Control Zone 6 will reimburse the City for the work performed.
Communications
The attached Maintenance Agreement has been reviewed and executed by the City
Maintenance
of San Rafael.
County Garage
Table 1: Creek Maintenance Agreement Summary
Disability Access
I Flood Municipality Council Approval Date Maximum
Zone Reimbursement Amount
Engineering & Survey
6 City of San Rafael June 15, 2015 $6,000
Flood Control &
FISCAL IMPACT: Funds are available in the flood control zone in the current year
Water Resources
budget for this contract. There is no fiscal impact to the General Fund.
Land Development
REVIEWED BY: [ ] Department of Finance [ X ] N/A
[ X ] County Counsel [ ] N/A
Purchasing
[ ] Human Resources [ X ] N/A
Real Estate
Respectfully,
Reprographic Services
Scott Lyle
Principal Civil Engineer
Road Maintenance
Attachment: Creek Maintenance Agreement - City of San Rafael
Stormwater Program
c: Director of Public Works of San Rafael
Transportation &
Merit Document Number: 10038746
Traffic Operations
Waste Management
13W]
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:
"CITY" shall:
a) Perform maintenance work on the portion of drainage channels listed as Maintenance Sites in
Exhibit 'A" 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 1St,
2015 to June 30th, 2016. ALL routine maintenance work in creeks, must be performed between
July 1St, 2015 through October 151h, 2015 and between April 15th, 2016 through June 30th,
2016, 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 "DISTRICT'S" 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 $6,000 for the maintenance work performed pursuant to this agreement; and
P.%Flood-ContmNWaintenancelCmek%Contract AgreementMSan Rafacfl2015-16
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 on exhibit B; and
h) Indemnify, defend and save 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.
i) 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:
a) 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, a sum not to exceed
$6,000.
3. This Contract shall be managed and administered on DISTRICT'S behalf by the Contract Manager
named below:
Contract Manager: Scott Lyle
Address: Marin County Flood Control and Water
Conservation District
P.O. Box 4186 Room 304
San Rafael, CA 94913-4186
Telephone: (415) 473-6215
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
P:\Mood-ConttohMaintenancc\Cmck\Contract AgtcementASan RafaeIH2O15-16 2
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 Clerk
ATT ST.
Clerk, County tff Marin
"CITY"
Acting Director of Public Works
Date: i / t /I 'a
"DISTRICT"
to
President, Board of Supery
Marin County Flood Contro
And Water Conservation D
Date:
P:\Flood-Control\Maintcnancc\Creek\Contract Agra mcntslSan RaracKI-015-16
EXHIBIT "A"
MARIN COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT
CREEK MAINTENANCE AGREEMENT 2015-2016
MAINTENANCE SITES'
Watercourse
Reach Beginning of Reach
End of Reach
RMA Site ID
Tributary #1 to South
126 feet upstream and between
1 the houses #49 & #101 Corrillo Dr.
To the short stretch between
6 -SRM -2
Las Gallinas Creek
and downstream from culvert
#202 & #204 Las Flores Ave.
From behind #202 & #204
55 ft upstream of confluence
2A Las Flores Ave on Menydale Rd
at Bridge by #380 Merrydale
6 -SRM -2
Downstream North direction
Rd.
Merrydale Ditch
50 ft upstream of confluence at
2B p
100 ft downstream of
confluence at Bridge by #380
6 -SRM -1
Bridge by #380 Merrydale Rd.
Merrvdale Rd.
100 ft downstream of confluence at
2C
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 South
and #2 Constance Dr.
behind #8 Constance Dr.
Las Gallinas Creek
Adjacent to the Railroad track
3B
behind #8 Constance Dr.
To Merrydale Ditch
6 -SMART
Corrillo Drive Ditch
4 107 ft. in length between #405 &
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.
iMaintenance 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.
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EXHIBIT "A" MAP
MARIN COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT
CREEK MAINTENANCE AGREEMENT 2015-2016
Gu1de
Creek
Maintenance Sites*
0 200 400 N
AFeet
MAP IS REPRESENTATIONAL ONLY MAY 2014
`
DATAARE NOT SURVEY ACCURATE.
'Maintenance Sites include the entire reach of creek/drainage
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
P:\Flood-Control\Maintenance\Crcek\Contract Agrccmcnts\San Rafacl\2015-16
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7
Qeter Behr Or
A
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Site ID:
Work Type
J
Work Date(s):
EXHIBIT "B"
MARIN COUNTY FLOOD CONTROL DISTRICT
CREEK MAINTENANCE AGREEMENT 2015 - 2016
IRoutine Maintenance Activities (RMA) Site Report Form I
Date:
Vegetation Levee Sediment Cattail Erosion
Maintenance Mowing Removal Control
If Vegetation Maintenance
Linear ft of channel treated:
Before/After Photos:
If Sediment Removal
Linear ft of Earthen Channel
Linear ft of Concrete Channel:
Width(ft):
Depth(ft):
Yd3:
If Mitigation is required
# of Trees planted:
Before/After Photos:
Site Notes:
Coffer
dam? I Yes No
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