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Home My WebLink AboutCC Resolution 13765 (Creek Maintenance Agreement)RESOLUTION NO. 13765 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 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; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Rafael hereby approves the creek maintenance agreement with the 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 7th day of July, 2014, by the following vote, to wit: AYES: COUNCIL MEMBERS: Bushey, Connolly, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Colin e -5S/% e •P-e"e-' . 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: "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, 2014 to June 30th, 2015. ALL routine maintenance work in creeks, must be performed between July 15f, 2014 through October 15th, 2014 and between April 15th, 2015 through June 301h, 2015, 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:\Floud-Control\Maintettance\Creek\Contract Agreements\San Rafae1\2014-15 g) Submit with said billing a list identifying the specific reaches of drainage channels maintained, dates) 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: 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 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:\Flood-Control\Maintenance\Creek\Contract Agreements\San Rafael\2013-I j 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" �z � City Clerk Mayor Date: Y AT ST: CI k, rAlLr of Marin "DIST 1 +T�" Pr side:nt, Board of Supervisors Marin County Flood Control And Water Conservation District Date:. qI y/l�l FMood-CoaLmMSaintenancaNCreeklCantract Ag=mWASan Rafg0VQ14-15 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). E. 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" City Clerk ATTEST: Clerk, County of Marin Mayor Date: "DISTRICT" President, Board of Supervisors Marin County Flood Control And Water Conservation District Date: P:\Floud-Control\1\lainten:mce\Creek\Clmtract AgreementASan Rafae1L014-15 EXHIBIT "A" MARIN COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT CREEK MAINTENANCE AGREEMENT 2014-2015 MAINTENANCE SITES' Watercourse Reaoch Beginning of Reach End of Reach RMA Site ID Tributary #1 to South 126 feet upstream and between To the short stretch between Las Gallinas Creek 1 the houses #49 & #101 Corrillo Dr. #202 & #204 Las Flores Ave. 6 -SRM -2 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 Y 2B 50 ft upstream of confluence at 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 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 Carrillo 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. PAHood-Control\Mainten ance\Creek\Contract Agreements\San Rafael\3014-15 EXHIBIT "A" MAP MARIN COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT CREEK MAINTENANCE AGREEMENT 2014-2015 Gulde f01 r Row` �a�n��'` Creek ' Maintenance Sites* 0 200 400 N — Feet A MAP IS REPRESENTATIONAL ONLY. MAY 2014 ` DATA ARE 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\Creel.\Contract Agreements\San Rafaeft'2014-15 1 Site ID: Work Type Work Date(s): EXHIBIT "B" MARIN COUNTY FLOOD CONTROL DISTRICT CREEK MAINTENANCE AGREEMENT 2014 - 2015 IRoutine Maintenance Activities (RMA) Site Report Form I Date: Vegetation Levee Sediment Erosion Maintenance Mowing Removal Cattail Control If Vegetation Maintenance Linear ft of channel treated: Before/After Photos: If Sediment Removal I 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: P:\Fload-Control\Alaintenemce\Creek\Contract Aereements\San RafaeIL014-15 Coffer dam? I Yes No