HomeMy WebLinkAboutCC Resolution 15137 ( FY 2022-23 City of San Rafael Canal Maintenance Dredging)1
RESOLUTION NO. 15137
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND
AUTHORIZING THE CITY MANAGER TO AWARD AND EXECUTE A
CONSTRUCTION AGREEMENT FOR THE FY 2022-23 CITY OF SAN RAFAEL CANAL
MAINTENANCE DREDGING PROJECT, CITY PROJECT NO. 11423, TO THE DUTRA
GROUP, IN A NOT TO EXCEED AMOUNT OF $3,468,000, AND AUTHORIZING
CONTINGENCY FUNDS IN THE AMOUNT OF $346,800, FOR A TOTAL
APPROPRIATED AMOUNT OF $3,814,800 WHICH INCLUDES A TRANSFER FROM
THE GENERAL FUND TO FUND 401 IN THE AMOUNT OF $649,200 TO COVER THE
CITY PORTION OF THE DREDGE.
WHEREAS, the US Army Corps of Engineers (“Corps”) is performing maintenance
dredging of the San Rafael Channel in summer of 2022; and
WHEREAS, the Corps competitively bid for the dredging contract of the San Rafael
Channel and awarded the Federal contract to the Dutra Group (“Dutra”); and
WHEREAS, the Corps is only responsible for dredging the Federal Channel which
does not extend to City or privately-owned properties, including the docks and marinas,
that are adjacent to the Federal Channel; and
WHEREAS, the City and private property owners are responsible for maintaining
and dredging their properties, which include from their private docks to the Federal
Channel which is in the center of the San Rafael Channel; and
WHEREAS, beginning in July 2021, the City contracted with Haley and Aldrich,
Inc. to complete an aggregate permitting process to obtain regulatory approval from the
California Department of Fish and Wildlife, the Dredged Material Management Office, the
Corps, the California State Water Resources Control Board, the Bay Conservation and
Development Commission, and the City of San Rafael, known as the “Umbrella
Permitting”; and
WHEREAS, the City completed the Umbrella Permitting process and expects to
obtain the regulatory permits required to complete dredging of the City and privately-
owned properties beginning as early as mid-October 2022; and
WHEREAS, Dutra has submitted a formal bid to the City to enter into a contract
(“City Contract”) to perform the same dredging services for City-owned and privately-
owned properties adjacent to the Federal Channel based on the same unit rates as the
Federally-bid contract; and
WHEREAS, the City informally solicited a price quote from Lind Marine, the only
other bidder in the Corps Federal dredge contract, who confirmed that they could not
provide a more competitive bid than Dutra because of the mobilization and highly
specialized nature of equipment required to dredge all parcels and dispose of material at
all permitted disposal sites; and
WHEREAS, competitive bidding may be waived under Section 11.50.090 of the
San Rafael Municipal Code for the City Contract because the work is of a highly
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specialized nature; there would be no competitive advantage to requiring bidding for the
contract; and the cost of the work would be significantly increased or its completion
significantly delayed by competitively bidding; and
WHEREAS, as part of the bid proposal, Dutra has agreed to use the same bid
prices per cubic yard of dredge material regardless of the number of properties that agree
to join the City Contract; and
WHEREAS, City staff has apportioned an additional 10% of the bid price for
contingencies in the amount of $346,800; and
WHEREAS, upon award of the City Contract to Dutra, the City will enter into a
separate reimbursement agreement with each individual property owner who elects to
have their property dredged under the City Contract, under which the individual owner
must pay a non-refundable deposit and reimburse the City for its share of costs in
undertaking the Umbrella Permit and dredging for the property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The plans and specifications for the “FY 2022/23 CITY OF SAN RAFAEL
CANAL DREDGING PROJECT”, City Project No.11423 on file in the
Department of Public Works, are hereby approved.
2. Competitive bidding requirements are hereby waived under Section 11.50.090
of the San Rafael Municipal Code.
3. The maximum not to exceed amount of $3,468,000 is hereby accepted at the
unit prices stated in its bid, and the contract for said work and improvements
is hereby awarded to The Dutra Group, at the stated unit prices.
4. The City Manager is authorized and directed to execute the contract for the
project with The Dutra Group at the bid amount, subject to final approval as to
form by the City Attorney, and to return the bidder’s bond upon the execution
of the contract.
5. Funds totaling $3,814,800 shall be appropriated for this project (Project No.
11423) from the Capital Improvement Fund (#401).
6. Funds totaling $649,200 shall be appropriated for this project (Project No
11423) and transferred from the General Fund to the Capital Improvement
Fund (#401) to account for dredging and permitting costs for the eight City
owned parcels to be dredged.
7. The Director of Public Works is hereby authorized to take any and all such
actions and make changes as may be necessary to accomplish the purpose
of this resolution.
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I, Lindsay Lara, 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 City
Council of said City held on Monday, the 3rd of October 2022 by the following vote, to wit:
AYES: Councilmembers: Bushey, Llorens Gulati & Mayor Pro Tem Kertz
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate
Lindsay Lara, City Clerk