No preview available
HomeMy WebLinkAboutPW Five-Year Creek Maintenance AgreementCREEK MAINTENANCE AGREEMENT FOR THE FIVE-YEAR 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," 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, on November 15, 2017, CITY and DISTRICT entered into an agreement to cooperate on the maintenance of the drainage channels with the City of San Rafael and Flood Control District Zone No. 6. WHEREAS, CITY and DISTRICT desire to continue to cooperate on the maintenance of the drainage channels within the City of San Rafael and Flood Control District Zone No. 6 on the terms set forth herein. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: CITY responsibilities: a) The CITY shall perform vegetation and sediment maintenance work and debris removal on the portions of the drainage channels listed as Maintenance Sites in Exhibit "A," attached hereto. Such maintenance work includes vegetation management (limbing and trimming trees and shrubs) and debris removal, which affords proper drainage channel maintenance including, but not limited to, storm related work/emergency response. The CITY must obtain the appropriate Local, State and Federal permits for all work, in addition to any permission required by SMART. b) The CITY shall perform the maintenance work described in subparagraph (a) as needed to maintain proper drainage during the Fiscal Year periods from July 1st, 2022 to June 301", 2027. The timing of vegetation and sediment maintenance in non -tidal areas is limited to August 1 through October 15 of each year. The timing of vegetation and sediment maintenance in tidal areas is limited to September 1 through October 15 of each year, in accordance with State and Federal authorized work windows for the endangered Ridgway's Rail bird. Work in tidal areas outside of the September 1 to October 15 period may only be performed for storm related or emergency response purposes, and City must notify regulatory agencies of emergency work in the manner required by agencies with jurisdiction. c) The CITY may perform vegetation management work in drainage channels for fire fuel reduction purposes outside of the time periods specified in paragraph (b). CITY may request reimbursement from DISTRICT for vegetation management work for fire fuels management for the sites listed in Exhibit "A" only. The CITY is responsible for obtaining any necessary permits and permissions to conduct this fuel reduction. d) The CITY shall invite Conservation Corps North Bay ("CCNB") to submit proposals for work in - channel. e) The CITY shall notify the adjacent neighborhoods on NextDoor at least one (1) week prior to the commencement of the maintenance work described in subparagraph (a) above. The notification shall advise the date and time said maintenance work is scheduled to commence and the approximate amount of time expected to complete said maintenance work. f) The CITY must obtain all required permits and submit copies of such permits to DISTRICT upon request. CITY must obtain Waste Discharge/Water Quality Certification and Lake and Streambed Alteration Agreement permits for removal of native vegetation or large woody debris ("Vegetation Management") for the purpose of increasing flow capacity of channels. CITY's cost to obtain permits are reimbursable by DISTRICT through submission of invoices including staff time, permitting fees, and/or related consultant fees. g) The CITY shall notify DISTRICT'S Contract Manager, as set forth below in Paragraph 3, at least five (5) working days prior to the commencement of the maintenance work described in subparagraph (a) above, such that DISTRICT may inspect the maintenance work during the course of its performance. For emergency response work, the CITY shall notify DISTRICT within 2 business days after the work is carried out. h) The CITY shall charge DISTRICT for maintenance work at the rate charged by the CITY's creek maintenance contractor, as evidenced by invoices. The CITY shall keep and maintain records, for DISTRICT's examination, of all personnel, material, equipment, fees, and/or outside services which CITY utilizes in the performance of said maintenance work and any associated permitting work. j) The CITY shall submit a billing or invoices on or before May 1 of each fiscal year to DISTRICT for maintenance work completed during the prior summer and any emergency storm response related creek maintenance completed during the winter prior; 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 the annual amount or 5 year aggregate amount stated in paragraph 2(a) of this agreement. k) The CITY shall submit with said billing a list identifying the specific reaches of drainage channels maintained, date(s) maintained, photos of before and after; the types and quantities of materials removed. The CITY shall 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 this Agreement, including, but not limited to CITYs or any contractor hired by City to perform its duties under this Agreement, negligence, recklessness, or willful misconduct in the performance of this Agreement, or by intentional failure to perform hereunder. m) The CITY shall 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. 2. DISTRICT responsibilities: a) The DISTRICT shall pay to CITY within ninety (90) days upon the satisfactory completion of said maintenance work, and upon receiving and auditing the billing therefor and forms and/or permit information listed in paragraph 1(f), the cost of performing such work, a sum no more than $28,000 per fiscal year (July 1 Si — June 301h) for a total sum not to exceed $140,000 over the full 5-year period of this Agreement. b) The DISTRICT reserves the right to inspect CITY's work and environmental regulatory compliance -related submittals and to decide not to compensate the CITY for maintenance claimed if the work does not meet the requirements of any environmental regulatory agencies with jurisdiction or if the work is outside the scope of this agreement per paragraph 1.a) and Exhibit 'A„ c) The DISTRICT shall respond in a timely manner to requests for information related to this Agreement. 3. This Agreement shall be managed and administered on DISTRICT'S behalf by the Contract Manager named below: Contract Manager: Hannah Lee Address: Marin County Flood Control and Water Conservation District P.O. Box 4186 Room 304 San Rafael, CA 94913-4186 Telephone: (415) 342-5033 Email: floodinguiry a,marincounty.orq send invoices to dpwFloodinvoicesa.marincountv.orq 4. This Agreement shall be managed and administered on CITY'S behalf by the Contract Manager(s) named below: Contract Manager: April Miller, Public Works Director Address: _ City of San Rafael Department of Public Works 1400 Fifth Avenue San Rafael, CA 94901 Telephone: (415) 485-3355 The term of this Agreement begins on July 1, 2022 and shall be in effect until June 30, 2027, or until all of the Parties obligations under this Agreement are fully satisfied, including DISTRICT's final payment for said maintenance work. Either Party can terminate this Agreement at any time by providing ninety (90) days written notice to the other Party. CITY shall be compensated for all services performed during the term of the Agreement, including the notice period. The parties have set forth the whole of their Agreement with respect to the subject matter hereof. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. APPROVED AS TO FORM: CITY Attorney ATTEST: Jerk, ounty of Marin "CITY" Jim Schutz (Feb 27, 202314:48 PST) CITY Manager Date: Feb 27, 2023 "DISTRICT" S-d � I L., "h- - -1�7 P1,CO3 perv)sorsr Marin County Flood Control and Water Conservation District SU EERVj Date: 2� e •. s Cr EXHIBIT "A" MARIN COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT CREEK MAINTENANCE AGREEMENT 2022-2027 MAINTENANCE SITES Creek between El Prado and Mirada Aves Merrydale Ditch Corrillo Dr Ditches (403/405 and 26/24) Creek between 380 Merrydale and 3833 Redwood Hwy Concrete Channel from Los Ranchitos Rd to railroad track EXHIBIT "A" MAP MARIN COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT DRAINAGE MAINTENANCE AGREEMENT 2022-2027 Zone 6 Creek Maintenance Sites* L / Maintenance by City of San Rafael ' Stream f � Road Parcel Zone 6 MAP IS REPRESENTATIONAL ONLY. �\ , �/ \ DATA ARE NOT SURVEY ACCURATE. 'Maintenance Sites Include the entire reach of creek drainage between the "beginning of reach" and "end y \ of reach" including all public property and easements and right-of-ways and specifically excepting privately held properties. V N \/ N\ 0 760 190 360 / �/ Octobcr 2022 �P,`c� RAF,��` 1 Z y0 WITH P 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: Nataly Torres (for Stephen Acker) Extension: 3353 Contractor Name: N/A Contractor's Contact: 415/450-7667 Contact's Email: _lick ne-e to enter text ❑ FPPC: Check if Contractor/Consultant must file Form 700 I Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 12/22/2022 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X NT 2 City Attorney a. Review, revise, and comment on draft agreement 1/5/2023 and return to Project Manager n/a XJ GC_ b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor © - GC-3 Department Director Approval of final agreement form to send to 2/27/2023 ❑X AM contractor 4 Project Manager Forward three (3) originals of final agreement to N/A contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 2/6/2023 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 2/27/2023 NT Attorney with printed copy of this routing form Review and approve hard copy of signed 7 City Attorney agreement Review and approve insurance in PINS, and bonds 8 City Attorney (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official Attest signatures, retains original agreement and 10 City Clerk forwards copies to Project Manager Creek Maintenance Agreement for Marin County Flood Control Zone No.6 Final Audit Report 2023-02-27 Created: 2023-02-27 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAjXkbzeLHz8r7LpjxW_U3r-36cZA18Boa "Creek Maintenance Agreement for Marin County Flood Control Zone No.6" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2023-02-27 - 9:50:17 PM GMT Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2023-02-27 - 9:52:33 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2023-02-27 - 10:08:35 PM GMT GSQ Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2023-02-27 - 10:12:27 PM GMT - Time Source: server Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2023-02-27 - 10:12:28 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2023-02-27 - 10:36:26 PM GMT Document e-signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2023-02-27 - 10:37:34 PM GMT - Time Source: server Document emailed to city.clerk@cityofsanrafael.org for approval 2023-02-27 - 10:37:35 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2023-02-27 - 10:42:47 PM GMT Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2023-02-27 - 10:42:56 PM GMT }� R SAN RAFAEL Ads b 'Y �', n+e ury wing a r.ussr, r� Acrobat Sign r' 6© Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2023-02-27 - 10:42:58 PM GMT - Time Source: server Document emailed to jim.schutz@cityofsanrafael.org for signature 2023-02-27-10:42:59 PM GMT Email viewed by jim.schutz@cityofsanrafael.org 2023-02-27 - 10:47:27 PM GMT d© Signerjim.schutz@cityofsanrafael.org entered name at signing as Jim Schutz 2023-02-27 - 10:47:59 PM GMT f3© Document e-signed by Jim Schutz Qim.schutz@cityofsanrafael.org) Signature Date: 2023-02-27 - 10:48:01 PM GMT - Time Source: server O Agreement completed. 2023-02-27 - 10:48:01 PM GMT SAN RAFAEL ft b 1W Acrobat Sign