HomeMy WebLinkAboutPW Creek Maintenance Agr.; COM 2012arrro�. Agenda Item No: 3.4
Meeting Date: August 20, 2012
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by:
Director of Public Works (KM)
City Manager Approvals
File No.: 08.03.08
SUBJECT: RESOLUTION APPROVING THE CREEK MAINTENANCE
AGREEMENT WITH MARIN COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT AND AUTHORIZE THE PUBLIC WORKS
DIRECTOR TO SIGN THE AGREEMENT ON BEHALF OF THE CITY
RECOMMENDATION:
Staff recommends that the City Council adopt the resolutions authorizing the Public Works Director
to execute agreements with the County of Marin for creek maintenance.
BACKGROUND:
In the 1970's the citizens in the Rafael Meadows area of San Rafael, which is located west of
Highway 101 and east of Ranchitos Road, formed Flood Control District 6 to manage drainage water
entering Gallinas Creek. Creek maintenance is a vital piece of providing flood control for the
properties in this area. For many years the Department of Public Works has maintained the
vegetation within these ditches and tributaries that lead to Gallinas Creek. Traditionally the City
hires the California Conservation Corps to maintain these drainage facilities. This agreement allows
for partial reimbursement of this maintenance through the County Flood Control District 6.
ANALYSIS:
The scope of services is described in the agreement with the County as vegetation removal within
five tributaries to Las Gallinas Creek.
FISCAL IMPACT:
This agreement will allow the City to be reimbursed for a total of $6,000 worth of creek maintenance
through the County's Flood Control District 6.
OPTIONS:
The Council may choose not to authorize the Public Works Director to sign the agreement and direct
staff to not enter into an agreement with the County. Reimbursement of maintenance fees will not be
possible if this agreement is not pursued.
FOR CITY CLERK ONLY
File No.: 1-t —) 3 - /l 7 --)( `f - ". 9
Council Meeting: 9'1201) 012—
Disposition:
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SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paue: 2
ACTION REQUIRED:
Staff recommends that the City Council adopt Resolution authorizing the Public Works Director to
sign the agreement with Marin County Flood Control and Water Conservation District to maintain
the drainage areas specified ion the agreement.
Enclosures (2)
1. Resolution
2. Creek Maintenance Agreement
RESOLUTION NO. 13398
RESOLUTION APPROVING THE CREEK MAINTENANCE AGREEMENT
WITH MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT AND AUTHORIZING THE PUBLIC WORKS DIRECTOR 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 area; and
WHEREAS, the Marin County Flood Control and Water Conservation
District 6 has been set up in this area to prevent flooding; and
WHEREAS, Marin County Flood Control and Water Conservation District
is offering to 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 Marin County Flood
Control and Water Conservation District and found it to be within acceptable
standards;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
San Rafael hereby approves the creek maintenance agreement with Marin County
Flood Control and Water Conservation District; and
BE IT FURTHER RESOLVED, that the Council does hereby authorize the
Public Works Director to execute the Creek Maintenance Agreement in a form
approved by the City Attorney's office.
RESOLVED FURTHER that the Public Works Director of the City of San
Rafael 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 20th day of August, 2012, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
1155111!tz-- . A?e aCo•_.r
ESTHER C. BEIRNE, City Clerk
File No. 08.03.08
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 '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, 2012 to June 30th, 2013. ALL routine maintenance work in creeks, must be
performed between July 1st, 2012 through October 15th, 2012 and between April 15,
2013 through June 30, 2013, 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
2
3
0
g) Submit with said billing a list identifying the specific reaches of drainage channels
maintained, date(s) maintained, types and quantities of materials removed; 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.
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
"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.
This Contract shall be managed and administered on DISTRICT'S behalf by the Contract
Manager named below:
Contract Manager: Tracy J. Clay
Address: Marin County Flood Control and Water
Conservation District
P.O. Box 4186 Room 304
San Rafael, CA 94913-4186
Telephone: (415) 473-6036
This Contract shall be managed and administered on CITY'S behalf by the Contract
Manager named below:
Contract Manager
Address:
Telephone:
Kevin McGowan
City of San Rafael
Department of Public Works
111 Morphew Street
San Rafael, CA 94901
(415) 485-3389
5. THiS CREEK MAINTENANCE AGREEMENT shall terminate upon completion of and
payment for said malntenanoe work, except as to obligallons pursuant to Paragraph 1(0).
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 obllgalions or claims on this account or on
account of iiia location or performance of said maintenance work
ATTEST:
City Cleric .
Appro ad as to totm:
-Clerlc, Ctynty of Marin
"CITY"
Mayor
Date: Co ?✓
"DlS
President, Board of Supervisors
Marin County Flood Control
And Water Conservation District
PQM OF St�pF�G
moo: �• ••. i�
Date:
EXHIBIT "A"
MARIN COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT
CREEK MAINTENANCE AGREEMENT 2012-2013
MAINTENANCE SITES'
Watercourse
Reaoch
N.
Beginning of Reach
End of Reach
126 feet upstream and
To the short stretch
Tributary #1 to South Las
1
between the houses # 49 and
between 202 & 204
Gallinas Creek
101 Corrillo Dr. and
Las Flores Ave.
downstream from culvert
From behind #202 & #204
Merrydale Ditch
2
Las Flores Ave on Merrydale
Perpendicular to the
Rd Downstream North
Railroad track
direction
Tributary #2 to South Las
Between #208 Los Ranchitos
Gallinas Creek
3
Rd.
To Merrydale Ditch
and #2 Constance Dr.
Corrillo Drive Ditch
4
107 ft. in length between #405
Tributary #2
and #403 Corrillo Drive
South Las Gallinas Creek
5
Downstream from Bridge by
Inlet under Hwy 101
#380 Merrydale Rd.
1 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.
EXHIBIT "A" MAP
MARIN COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT
DRAINAGE MAINTENANCE AGREEMENT 2012-2013
CITY OF SAN RAFAEL
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO. 3.9
DATE OF MEETING: 8/20/12
FROM: Nader Mansourian
DEPARTMENT: PUBLIC WORKS
DATE: 8/6/2012
TITLE OF DOCUMENT:
RESOLUTION APPROVING THE CREEK MAINTENANCE AGREEMENT WITH MARIN COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND AUTHORIZE THE PUBLIC
WORKS DIRECTOR TO SIGN THE AGREEMENT ON BEHALF OF THE CITY.
Department Head (signature)
*** *** *** *** *** *** *** *** *** *** *** *** *** *** *** ***
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY
AGENDA ITEM:
�1 �� w► City Manager Manager (signature)
NOT APPROVED
REMARKS:
APPROVED AS TO FORM:
L -a.--- k z
City Attorney (signature)
File No.: 08.03.08
Vo/L I/cV 14 IV.UL 1- 8Y% 415 4135 JJJ4 SR DPW
PROFESSIONAL SERVICES AGREEMENT/CONTRACT
COMPLETION CHECKLIST AND ROUTING STIP
Below is the process for getting your professional services agreements/contracts finalized and
executed. Please attacks this "Completion Checklist and Routing Slip" to the front of your
contract as you circulate it for review and signatures. Please use this form for all professional
services aEre ements/contracts. (not just those requiring City Council approval).
This process should occur in the order presented below.
Step Responsible
Department
1 City Attorney
2 Contracting Depa=ent
3 Contracting Department
4 City Attorney
Description
Review, revise, and comment on draft
agreement.
Forward final agreement to contractor for
their signature. Obtain at least two signed
originals from contractor.
Agendize contractor -signed agreement for
Council approval, if Council approval
necessary (as defined by City Attomey/City
Ordinance*).
Review and approve form of agreement;
bonds, and insurance certificates and
endorsements.
5 City Manager / Mayor / or Agreement executed by Council authorized
Department Head official.
6 City Clerk City Clerk attests signatures, retains original
agreement and forwards copies to the
contracting department.
To be completed by Contracting Department:
Project Manager: WL' / ,- Project Name: -
A.gendized for City Council Meeting of (if necessary):
Completion
Date
If you have questions on this process, please contact the City Attorney's Office at 485-3080.
* Council approval is required if contract is over $20,000 on a cumulative basis,
