HomeMy WebLinkAbout17 - Amendment No. Two for Balboa Yacht Basin Management ServicesTO:
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
November 19, 2018
Agenda Item No. 17
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Carol Jacobs, Assistant City Manager - 949-644-3313,
cjacobs@newportbeachca.gov
PREPARED BY: Carol Jacobs, Assistant City Manager,
cjacobs@newportbeachca.gov
PHONE: 949-644-3313
TITLE: Amendment No. Two with Basin Marine for Balboa Yacht Basin
Management Services
ABSTRACT:
In January 2015, the City entered into a five-year agreement with Basin Marine to provide
management services. The City Manager extended the agreement in March 2019 to
extend the contract for an additional year. Staff is requesting a second extension of the
agreement.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve Amendment No. 2 with Basin Marine Inc. for Balboa Yacht Basin
Management Services for one additional year.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for these services. It will be
expensed to the Property Management account in the Harbor Department, 10045451-
811001.
DISCUSSION:
The Balboa Yacht Basin (BYB) is a City -owned, 172 -slip marina located off Harbor Island
Drive near the Basin Marine Shipyard and the Galley Cafe. BYB management services
include oversight of day-to-day marina operations and services, maintenance and
inspection of the site, and property management services.
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Amendment No. Two with Basin Marine for Balboa Yacht Basin Management Services
November 19, 2018
Page 2
Regular professional business services include maintaining slip tenancy, rental
agreements, management of the waiting list, enforcing rules, and delivering excellent
customer service. Maintenance services include daily upkeep of premises including
inspection of the City's on-site vessel pump out station. Basin Marine's Contract Manager
will conduct frequent inspections of the property and advise City staff of needed repairs
to buildings, sidewalks, parking, landscaping and restrooms. The contract excludes
landscape maintenance.
City staff managed and operated the BYB until 2010. In 2011, the City issued a Request
for Proposals (RFP) for the competitive selection of BYB management services. City
Council awarded a three-year contract for management to Basin Marine, Inc. In 2013,
the contract was amended to extend the term of the agreement until January 31, 2015.
In November 2014, a new RFP was issued to obtain new proposals for management
services. The RFP was distributed to multiple firms and publicly posted. Two firms
responded and Basin Marine was the vendor selected.
The City has been satisfied with services provided by Basin Marine. The facility is well
maintained and they provide great customer service to the marina boating community.
The City Manager extended the contract in March of 2019, for an additional year, so that
the City's Harbormaster could review the operation and make a determination on whether
or not, the management of the BYB should be brought in house. Based on the workload
and staffing of the Harbor Department, an analysis of this operation has not been
completed. Staff recommends that the contract be renewed for one additional year, and
either a new RFP is completed or a determination to manage the operation with City staff
is finalized.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Amendment No. Two with Basin Marine
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ATTACHMENT A
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH BASIN MARINE, INC. FOR
BALBOA YACHT BASIN MANAGEMENT SERVICES
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 19th day of November, 2019
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and BASIN MARINE, INC., a California
corporation ("Consultant"), whose address is 829 Harbor Island Drive, Newport Beach,
Caifornia 92660, and is made with reference to the following:
RECITALS
A. On January 28, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Balboa Yacht Basin Management Services
("Project").
B. On March 1, 2019, City and Consultant entered into Amendment No. One to
increase the total compensation due to the increased volume of Work
unanticipated at the time of entering into the Agreement.
C. The parties desire to enter into this Amendment No. Two to extend the term of the
Agreement to January 31, 2021 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on January 31, 2021, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be replaced in its entirety with the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work").
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Million One Hundred
Sixty Nine Thousand Six Hundred Forty Dollars and 001100 ($1,169,640.00), without
prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City."
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prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Fifty Four Thousand Four Hundred Forty Dollars and 001100
($154,440.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Basin Marine, Inc. Amendment No. Two Page 2
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IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: (AZO
By:
A on C. Harp' rrs r�
City Attorney
ATTEST:
Date:
-31
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONSULTANT: Basin Marine, Inc., a
California corporation
Date:
Bv:
David L. New
Chief Executive Officer and Chief
Financial Officer
[END OF SIGNATURES]
Exhibit B — Schedule of Billing Rates
Basin Marine, Inc. Amendment No. Two Page 3
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EXHIBIT B
SCHEDULE OF BILLING RATES
Basin Marine, Inc. Amendment No. Two Page B-1
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(COST FILE)
CITY OF NEWPORT BEACH
RFP NO. 15-19
Balboa Yacht Basin Management Services
2020
Services
Monthly Cost
Contract Director/Manager (Dock Master)
$ 2,950.00
Maintenance Coordinator
$ 3,400.00
Dock Maintenance (Assistant Dock Master)
$ 3,500.00
Office Assistant
$ 2,500.00
Additional Insurance/Compliance Costs
$ 520.00
Total MonNy Cost:
$ 12,$70.00
Total Annual Cost
$1549440.00
22
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SCOPE OF SERVICES
Balboa Yacht Basin (BYB) Monthly Management Services
DAVE NEW
(Contract Director/Manager/Dock Master)
• Oversee day-to-day marina operations and services including slip rental and rent
collection.
(exception: rent collection)
• Manage BYB as a Clean Marina
(update every two years)
• Maintain regular updates with Harbor Resources staff on the status of the marina,
and coordinate closely with the Finance Department on tenant status (move-
in/out)
Monthly: $2,950.00
DEREK NEW
(Maintenance Coordinator)
• Maintain proper disposal of hazardous waste and retain associated records and
waste manifests.
(will not retain records — will forward them to Shannon Levin)
• Prepare a quarterly newsletter to remind slip and garage renters of rules and
regulations (especially those that during the last quarter were frequently violated)
and to reinforce Clean Marina related issues.
• Prepare a line item list (including estimated cost) of significant (greater than
$1,000) repair and maintenance items to be considered by the City in their annual
budget review process.
• Coordinate maintenance activity with City and with Contractors for repairs and
maintenance
• Cooperate with the City's Newport Bay Copper Reduction Program at the BYB.
(Information located at www.coastkeeper.ora)
(we implemented the current program and have a full understanding of the
requirements)!
• Review marine operations annually with City's Code and Water Quality
Enforcement staff and implement their recommendations regarding water quality
maintenance and improvement
Monthly:
23
$3,400.00
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LISA STEELE
(Office Assistant)
• Maintain confidentiality of records including tenancy, disputes and tenant
information. Maintain accurate records and assist City in collection of debts.
• Attempt to resolve all tenant versus tenant disputes, and advise City of the nature
of the dispute and resolution. if the dispute is not resolvable, Contractor shall
defer to the City for final determination.
• Maintain wait list for slips and garages and accept applications and deposits.
• Ensure that the terms of the various slip and garage rental agreements are
adhered to by the respective tenants
• Ensure that the marina rules and regulations are provided to each new tenance
and adhered to during their tenancy.
• Review slip and garage renter files to ensure that the required insurance is up to
date and that the renters provide annual evidence that the Coast Guard
documented vessel or DMV registration is in the name of the slip renter.
Monthly: $2,500.00
MITCHELL MELLINKOFF
(Dock Maintenance)
• Conduct daily inspections of docks, garages, restrooms, parking lot, grounds and
trash enclosures to maintain safety and cleanliness.
• Keep Dock carts in order
(and in good repair)
• Ensure trash bins and enclosures are clean, swept and free of any hazardous
materials
• Inspect restrooms daily for cleanliness. Replace restroom supplies as needed.
(Does not include janitorial services).
• Routinely check operation of the City's public pump out facility located on
premises.
• Inspect all sidewalks around the bulkhead for settling on at least a semiannual
basis and report any sidewalk settling over one half inch to the City of further
review and/or replacement.
Monthly: $3,500.00
ALL
• Provide excellent customer service to current tenants, slip renters, and the general
public
24
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Balboa Yacht Basin - Additional Services
The following additional services are separate from monthly management services, and shall be
invoiced separately from the monthly management fees. Additional services shall be approved by
the City's Project Manager or his/her designee prior to commencement of work.
Other work or services needed from Contractor may include, but not be limited to,
electrical, plumbing or carpentry on an as -needed basis as approved by the City.
Any materials required for operations maintenance as approved by the City.
Any other Marina -related work or services needed by subcontractors on an as -needed
basis as approved by the City. This shall also include, but not be limited to, carpenters,
electricians, plumbers or diving services. City's Project Manager or his/her designee shall review
request and estimates prior to the commencement of Work being done by outside Contractors.
Approved requests shall be invoiced accordingly.
Monthly:
zs
Time and Materials
(Pre -Approved by City)
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