____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.g
Meeting Date: June 20, 2023
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller, Public Works Director City Manager Approval: ______________ TOPIC: FY 2022-23 CITY OF SAN RAFAEL CANAL MAINTENANCE DREDGING PROJECT
NOTICE OF COMPLETION
SUBJECT: ACCEPT COMPLETION OF THE FY 2022-23 CITY OF SAN RAFAEL CANAL MAINTENANCE DREDGING PROJECT (CITY PROJECT NO. 11423), AND
AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION RECOMMENDATION:
Accept completion of the FY 2022-23 City of San Rafael Canal Maintenance Dredging Project and authorize the City Clerk to file the Notice of Completion.
BACKGROUND:
In conjunction with the United States Army Corps of Engineers (the “Corps”) maintenance dredging project of the Federally Authorized Channel in the San Rafael Canal (“Canal”), the City of San Rafael contracted with the Federal dredging contractor, The Dutra Group (“Dutra”), to perform a City’s Canal Maintenance Dredging Project Contract (“City Contract”) for dredging of the non-Federally Authorized Channel. On October 3, 2022, the City Council approved the award of the City Contract for dredging of the non-Federally Authorized Channel to Dutra. The City contract included all City parcels and those individual property owners who participated in the City’s umbrella permitting efforts. After two extensions on the environmental permits due to weather and balancing time between the Corps project, the City contract was completed between October 2023 and February 2024.
ANALYSIS:
Pursuant to Civil Code Section 8182, the City records a Notice of Completion upon City acceptance of the improvements. This acceptance initiates a time period during which project subcontractors may file Stop Notices seeking payment from the City from the funds owed to the Contractor for the project work.
FISCAL IMPACT:
No fiscal impact is associated with accepting this report.
ATTACHMENTS:
1. Notice of Completion
Recording Requested By:
The City of San Rafael
When Recorded Mail To:
Lindsay Lara, City Clerk
1400 Fifth Avenue, 209
San Rafael, CA 94901
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE § 27383
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is the agent of the owner of the Project described below.
2. Owner’s full name is City of San Rafael (“City”)
3. City’s address is 1400 Fifth Ave., San Rafael, CA 94901
4. The nature of City’s interest in the Project is:
__ Fee Ownership __ Lessee __ Other: Public Right-of-Way Easement
5. Construction work on the Project performed on City’s behalf is generally described as follows:
City of San Rafael Canal Dredge FY 2022-23 Project: Scope of work includes dredging (removal and disposal of soil) from the San Rafael Canal outside the federal channel to designated locations.
6. The name of the original Contractor for the Project is: The Dutra Group 2350 Kerner Blvd., Suite 200, San Rafael, CA 94901
7. The Project was accepted as complete on: June 1, 2023
8. The Project is located at: San Rafael Creek Channel between the Grand Avenue bridge and mouth of canal near San Pablo Bay.
Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date and Place Signature
________________________________
Name and Title
EXEMPT FROM NOTARY ACKNOWLEDGMENT REQUIREMENTS PER
GOVERNMENT CODE § 27287 AND CIVIL CODE § 9208