HomeMy WebLinkAboutPW Creek Maintenance Agr 2018CREEK 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, hereinafter the "AGREEMENT," is 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;"
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 that affords proper
drainage channel maintenance, including but not limited to storm -related
/emergency response work; and
b) Perform said maintenance/emergency response work annually during the Fiscal
Year periods from July 15t, 2017 to June 30th, 2022. All routine maintenance work
in creeks must be performed between April 15th and October 15th each year. Work
beyond this period may only be performed for storm-related/emergency response;
and
c) Notify the DISTRICT'S Contract Manager, as set forth below in Paragraph 3, at
least two (2) days prior to the commencement of said work (except emergency
response, for which the District may be notified after work is carried out) such that
the District may inspect the maintenance work during the course of its
performance; and
d) Charge the DISTRICT for maintenance work at the rate charged by the CITY'S
creek maintenance contractor, as evidenced by invoices; and
e) Keep and maintain records, for DISTRICT'S examination, of all personnel,
material, equipment and/or outside services that CITY utilizes in the performance
of said maintenance work; and
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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 that CITY shall have used for the performance of work; it
being specifically understood that CITY shall not for any reason whatsoever bill or
claim DISTRICT in any amount in excess of $8,000 per fiscal year for the
maintenance work performed pursuant to this Agreement; and
g) Submit with said billing a list identifying the specific reaches of drainage channels
maintained, date(s) maintained, and types and quantities of materials removed, as
specified on the Routine Maintenance Activities (RMA) Site Report Form, attached
hereto 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;
and
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), Department of Fish and Wildlife
Streambed Alteration Agreement (SAA) No. 1600-2012-0207-R3, and the State
Regional Water Quality Control Board's Order No. R2-2017-0028 - Waste
Discharge Requirements and Water Quality Certification, 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; and
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 $8,000 per fiscal year, for a total of $40,000 for the full 5 -year period
of this Agreement; and
b) Have the right to determine not to compensate the CITY for maintenance during any
fiscal year covered in this Agreement based on the needs of the DISTRICT, and
shall notify the CITY in March of each year of DISTRICT'S intent either to
compensate or not to compensate the CITY for maintenance.
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3
4
This Agreement 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
This Agreement shall be managed and administered on CITY'S behalf by the Contract
Manager named below:
Contract Manager:
Bill Guerin
Address:
City of San Rafael
Department of Public Works
1400 Fifth Avenue
San Rafael, CA 94901
Telephone:
415 485-3355
5. The term of this Agreement shall be five (5) years, commencing as of July 1, 2017 and
termination on June 30, 2022; provided that the Parties' reporting, billing and payment
obligations hereunder shall continue in effect until completed.
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"
City Clerk
Ji hutz, City nager
Date:// 7
APPROVED AS TO FORM:
--L- i -�- j -
City Attorney
�A 10-
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ATTEST:
"DISTRICT"
Clerk, County of Marin President, Board of Supervisors
Marin County Flood Control
And Water Conservation District
Date:
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EXHIBIT "A"
MARIN COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT
CREEK MAINTENANCE AGREEMENT 2017-2022
MAINTENANCE SITES'
Watercourse
Reaoch
N.
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
2B
50 ft upstream
p tream of confluence
100 ft downstream of
Bridge by #380 Merrydale Rd.
.
confluence at Bridge by #380
6 -SRM -1
Merrydale Rd.
2C
100 ft downstream of confluence at
Perpendicular to the Railroad
Bridge by #380 Merrydale Rd.
track
6 -SRM -2
3A
Between #208 Los Ranchitos Rd.
Adjacent to the Railroad track
Tributary #2 to South
and #2 Constance Dr.
behind #8 Constance Dr.
6 -SRM -2
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
Creek
Merrydale Rd.
Inlet under Hwy 101
6 -SRM -1
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 2017-2022
(D
to
,o .
/095
Creek¢
i
Maintenance Sites* i
0 200 400 N
Feet
A ty
MAP IS REPRESENTATIONAL ONLY. MAY 2014 �a
DATA ARE NOT SURVEY ACCURATE. ,C
C
'Maintenance Sites include the entire reach of creekJdreinage m
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.
l Behr
eter Dr
A
w
WaY
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EXHIBIT "B"
MARIN COUNTY FLOOD CONTROL DISTRICT
CREEK MAINTENANCE AGREEMENT 2017 - 2022
Routine Maintenance Activities (RMA) Site Report Form
Site ID: Date:
Work Type Vegetation Levee
Maintenance Mowing
J
Work Date(s):
If Vegetation Maintenance
Linear ft of channel treated:
Before/After Photos:
If Sediment Removal
Sediment Cattail Erosion
Removal Control
Linear ft of Earthen Channel
Coffer
dam?
Yes
No
Linear ft of Concrete Channel:
1A/Lr4+4./#1•
Dep
Yd 3:
If Mitigation is required
# of Trees planted:
Before/After Photos:
Site Notes:
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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: Department of Public Works
Project Manager: Kevin McGowan
Extension: x3389
Project Name: Creek Maintenance Agreement
Contractor Name: Marin County
Contractor's Contact: Tony Williams
Contact's Email: twilliams@maringcounty.org
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
T REVIE
DEPARTMENT
a. Email PINS Introductory Notice to Contractor
DATE
N/A
Check/Initial
1
Project Manager
® KM
b. Email contract (in Word) & attachments to City
9/27/2017
Atty c/o Laraine.Gittens@cityofsanrafael.org
a. Review, revise, and comment on draft agreement
10/3/2017
® LAG
2
City Attorney
and return to Project Manager
b. Confirm insurance requirements, create Job on
10/3/2017
® LAG
PINS, send PINS insurance notice to contractor
Forward three (3) originals of final agreement to
N/A
❑
3
Project Manager
+
contractor for their signature
4
Project Manager
When necessary, * contractor -signed agreement
❑
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
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
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
Agreement executed by Council authorized official
Attest signatures, retains original agreement and
�� A 5 P
8
City Manager/ Mayor
9
City Clerk
forwards copies to Project Manager
11-i T - i 1
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