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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 w:\pw-public works\2017\creek maintenance agreement-marin county�11-13-17 san rafael crk veg main agreement -10 03 17 (city revisions with accepted county revisions)-clean.doc 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. wApw-public works\2017\creek maintenance agreement-marin county\11-13-17 san rafael crk veg main agreement_10 03 17 (city revisions with accepted county revisions)-clean.doc 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- w:\pw-public works\2017\creek maintenance agreement-marin county.l1-13-17 san rafael crk veg main agreement -10 03 17 (city revisions with accepted county revisions)-clean.doc ATTEST: "DISTRICT" Clerk, County of Marin President, Board of Supervisors Marin County Flood Control And Water Conservation District Date: wApw-public works\2017\creek maintenance agreement-marin county\11-13-17 san rafael crk veg main agreement -10 03 17 (city revisions with accepted county revisions)-clean.doc 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. w:\pw-public works\2017\creek maintenance agreement-marin county\11-13-17 san rafael crk veg main agreement -10 03 17 (city revisions with accepted county revisions)-clean.doc 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 w:\pw-public works\2017\creek maintenance agreement-marin county\11-13-17 san rafael crk veg main agreement _ 10 03 17 (city revisions with accepted county revisions)-clean.doc 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: w:\pw-public works\2017\creek maintenance agreement-marin county\11-13-17 san rafael crk veg main agreement 10 03 17 (city revisions with accepted county revisions)-clean.doc 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 �y13