title
APPROVE FINDINGS AND RATIFY FINAL EXPENSES FOR THE SALVAGE AND DISPOSAL OF THE SUNKEN TUGBOAT MAZAPETA
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Ratify the final expenses in the amount of $491,178.50 to Lind Marine of Petaluma, California, and associated contractors, for all costs related to the salvage and disposal of the sunken tugboat Mazapeta.
It is also recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this resolution.
body
Summary
On September 4, 2023, the derelict, World War II-era tugboat Mazapeta, under renovation, sank in Little Potato Slough in the Sacramento San Joaquin Delta near the end of Eight Mile Road. The sinking caused a significant diesel fuel and engine oil spill in the waterway just upstream of the City’s Delta Water Supply Project Intake Pump Station (IPS). The IPS supplies raw water for the water treatment plant that serves about 200,000 customers daily. The Municipal Utilities Department (MUD) operations staff immediately shut down the IPS to prevent contamination of the water supply, intake, and water treatment plant infrastructure.
In response to the fuel and oil spill, a Unified Command with representatives of the United States Coast Guard (USCG), California Department of Fish and Wildlife’s Office of Spill Prevention and Response (CDFW-OSPR), and San Joaquin County Sheriff’s Office (Unified Command) was called out to secure the site and prepare plans to remove the petroleum products from the sunken vessel.
On October 18, 2023, the City Manager approved the MUD request for emergency procurement authorization for costs associated with the removal and salvage of the sunken vessel in accordance with the City Manager Emergency Contract and Procurement Administrative Policy (17.05.150).
According to the Unified Command’s spill response objectives, once the petroleum was removed, the Unified Command’s involvement with the vessel was complete. However, allowing the sunken vessel to remain near the City’s water supply intake would present a threat and jeopardize the City’s drinking water quality and supply.
On January 17 and 18, 2024, MUD acted under the jurisdiction of San Joaquin County and the California Harbors and Navigation Code sections 550 & 551 to take a direct transfer of the vessel or hand-off from USCG, through a qualified salvage and disposal contractor, when the vessel was refloated as part of the Unified Command’s spill removal plan. The hand-off, also known as dead ship tow, was completed on January 18, 2024. The Mazapeta remained dockside at Mare Island until the next available dry dock followed by final disposal on March 27, 2024.
By April 29, 2024, the final expenses and payments for the salvage and disposal of the tugboat Mazapeta were complete.
If approved, this resolution will approve findings and ratify the total expenditure of $491,178.50 for the efforts needed to remove, salvage, and dispose of the sunken tugboat Mazapeta.
DISCUSSION
Background
When the World War II-era tugboat Mazapeta, sank on September 4, 2023, it was moored at the old Herman and Helen’s Marina along Empire Tract Road levee near the end of Eight Mile Road in the Delta. The sinking caused a significant diesel fuel and engine oil spill into Little Potato Slough. The vessel sank outside the City’s jurisdiction but less than a mile from the City’s Delta Water Supply Project Intake Pump Station (IPS). The IPS supplies raw water for the water treatment plant which serves about 200,000 customers daily. When notified of the spill, MUD operations staff shut down the IPS to prevent contamination of the water supply, intake, and water treatment plant infrastructure. MUD relied on other sources of water supply for the service area.
An oil spill response team was activated including members from the United States Coast Guard (USCG), California Department of Fish & Wildlife’s Office of Spill Prevention and Response, and other local and state agencies (Unified Command) to contain the active spill site and develop a response plan. According to the Unified Command’s spill response objectives, once the petroleum was removed, the Unified Command’s involvement with the vessel was complete.
Allowing the sunken vessel to remain near the City’s water supply intake would present a threat to the City’s drinking water supply quality. MUD was granted jurisdiction under an agreement with San Joaquin County, the San Joaquin County Sheriff’s Office and Harbor and Navigation code sections 550 and 551 to take a direct transfer of the vessel from USCG, through a qualified salvage and disposal contractor, when the vessel was refloated as part of the Unified Command’s spill removal plan.
On October 18, 2023, the City Manager approved the MUD request for emergency procurement authority up to $450,000 to expedite the salvage and disposal of the vessel in accordance with City Manager Emergency Contract and Procurement Policy (17.05.150).
The MUD selected Lind Marine of Vallejo, California as the qualified contractor to provide vessel removal and salvage services. The City also retained K.D. Moore Associates to perform an initial marine survey of the vessel in accordance with the requirements of the Harbors and Navigation Code Sections 550 and 551 to substantiate the tugboat as “Marine Debris”. K.D. Moore also performed a subsequent Dead Ship Tow Survey in accordance with the requirements of the USCG. In addition, Parker Diving provided site security while the tugboat Mazapeta was floating and awaiting the dead ship tow to Mare Island in Vallejo.
By January 17, 2024, the USCG team completed the work to repair the leaks, refloat the tugboat, and remove the petroleum products. Once the tugboat was refloated, it was turned over to the City for salvage and disposal. On January 18, 2024, Lind Marine performed a dead ship tow to bring the tug to the dockside at the contractor’s shipyard in Mare Island awaiting the next dry dock availability. The Mazapeta remained dockside at Mare Island until final disposal on March 27, 2024.
Following the removal of the Mazapeta, MUD operations staff brought the Delta Water Supply Project Intake Pump Station back into service. Currently, MUD staff are working to recover the expended funds from possible responsible parties, organizations, and various State and Federal agencies.
Present Situation
By April 24, 2024, all costs incurred to remove, salvage, and dispose of the tugboat Mazapeta and execution of the emergency procurement was complete, which included the following totals:
1. Lind Marine $479,868.00
2. K.D. Moore and Associates $8,510.50
3. Parker Diving $2,800.00
Total cost = $491,178.50
Under the City Manager Emergency Contract and Procurement Policy (17.05.150 Section 4), the MUD is required to make a record of all emergency purchases of supplies and services of more than $100,000 and report to the City Council for ratification at the next Council meeting or no later than sixty (60) days following execution of the emergency procurement. Based on the 60-day rule, the ratification of the tugboat Mazapeta response and costs was scheduled for the City Council meeting on June 18, 2024.
Findings
The findings for the exception to the competitive bidding process, in accordance with SMC section 3.68.070, are as follows:
1. The City’s Delta Water Supply Project Intake Pump Station is a vital component of the City’s water supply portfolio.
2. The sinking of the tugboat resulted in a significant threat to the City’s water supply, intake, and water treatment plant infrastructure.
3. Removing and salvaging the tugboat was necessary to protect public health, in accordance with environmental regulations.
4. Lind Marine is a responsive and qualified contractor that was available and capable of completing the necessary removal and salvage of the vessel, which was in the best interest of the public.
5. The removal and salvage costs of the sunken tugboat Mazapeta were completed by April 29, 2024.
Staff recommends that the City Council approve findings and ratify final expenses of $491,178.50 for the salvage and disposal services of the sunken tugboat Mazapeta.
FINANCIAL SUMMARY
There are sufficient funds in the Delta Water Operations Division for the emergency removal and salvage services provided by Lind Marine and associated contractors.
There is no impact to the General Fund or any other unrestricted fund from this action.