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HomeMy WebLinkAbout14 - Balboa Yacht Basin ManagementAgenda Item No. 14 November 26, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949 - 644 -3330, dawebb @newportbeachca.gov PREPARED BY: Shannon Levin, Harbor Resources Supervisor 949 - 644 -3041, slevin @newportbeachca.gov APPROVED: TITLE: Amendment No. 1 to Professional Services Agreement with Basin Marine, Inc. for Balboa Yacht Basin Management ABSTRACT: In 2011, Basin Marine Incorporated was awarded a contract to manage the Balboa Yacht Basin for the City of Newport Beach. Basin Marine provides the day to day services of management and maintenance. This agreement is expiring soon. To continue these services, staff requests that City Council approve Amendment No. 1 to Professional Services Agreement with Basin Marine, Inc. for Balboa Yacht Basin management. RECOMMENDATION: Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to Professional Services Agreement for Balboa Yacht Basin management with Basin Marine in an amount not to exceed $151,996 to include a management fee of $6,833 per month for twelve months and an allowance for additional work on a time and materials basis for a not to exceed amount of $70,000 per year. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this fiscal year. Costs will be expensed to account number 5060 -8080 in the Harbor Resources Division of the Public Works Department. Amendment No. 1 to Professional Services Agreement with Basin Marine, Inc. for Balboa Yacht Basin Management November 26, 2013 Page 2 DISCUSSION: The Balboa Yacht Basin ( "BYB ") is a City- owned, 172 slip marina property located off Harbor Island Drive near Basin Marine Shipyard and the Galley Cafe (Attachment B), and until 2010 was managed by City staff. In 2011, after a competitive process, the City Council awarded Basin Marine with a contract for the management of the marina and garages at BYB. The current contract is set to expire in January 2014. Basin Marine has proposed to manage BYB at the same cost as the existing contract for $6,833 per month. Services at this price provide four Basin Marine staff including the contract manager, maintenance coordinator, office assistant, and assistant dock master. The contract manager is responsible for day to day operations including slip rentals and rent collection when tenants fall in arrears. The maintenance coordinator is primarily responsible for enforcing marina rules and rental agreements, and implementing projects for water quality. The office assistant maintains BYB records, and monitors insurance, DMV registration and Coast Guard documentation. The assistant dock master conducts daily inspections and ongoing repairs to the BYB property. Additional work may be performed as part of the contracted services either by Basin Marine or by subcontractors on an as needed basis with approval by City staff. Examples of such work include, but may not be limited to, inspections of City pump out facilities, carpentry, electrical, plumbing and diving services. Materials may also be included for maintenance or improvements at BYB. This work is performed on a time and materials basis and shall not exceed $70,000. Over the past three years, Basin Marine has demonstrated a proven record of excellent customer relations with BYB tenants and City staff. Basin Marine has also completed the certification of the BYB as a Clean Marina. The Clean Marinas program is a partnership of private marina owners, government marina operators and yacht clubs. It was developed to provide clean facilities to the boating community and protect waterways from pollution. Harbor Resources staff has now had three years to work with the contracted operator and has taken note of items that are going well and other items that may need some slight modifications or should be contracted differently. Over the next year, City staff will put together a new "Request for Proposals" and will solicit bids for continued operation of BYB. To allow time for this bidding process, staff recommends approving a one year amendment of the existing contract with Basin Marine, as Basin Marine proposes to offer continuity of services to BYB tenants and the City for the current contracted monthly service cost. Amendment No. 1 to Professional Services Agreement with Basin Marine, Inc. for Balboa Yacht Basin Management November 26, 2013 Page 3 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). Submitted by: David A. W6bb ' Public Works Director Attachments: A. Amendment No. 1 to Professional Services Agreement with Basin Marine, Inc. B. Location Map Attachment A AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH BASIN MARINE, INC. FOR BALBOA YACHT BASIN MANAGEMENT THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. One ") is made and entered into as of this 27th day of November, 2013 ( "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, CA 92660, and is made with reference to the following: RECITALS A. On January 11, 2011, City and Consultant entered into a Professional Services Agreement ( "Agreement') for dock management services for the 172 slips, docks, restrooms, parking lots, grounds and trash enclosures of Balboa Yacht Basin located at 829 Harbor Island Drive, Newport Beach, California ( "Project'). B. The term of the Agreement expires on January 31, 2014. C. City desires to enter into this Amendment No. One to continue services in 2014 to add services not previously included in the Agreement, to extend the term of the Agreement to January 31, 2015 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 January 11, 2011, and shall terminate on January 31, 2015, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be superseded and replaced with the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work "). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be superseded and replaced with the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ( "Services" or "Work "). The introductory Paragraph to Section 4 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 Three Hundred Ninety Eight Thousand Five Hundred Eighty Four Dollars and 001100 ($398,584.00), 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." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Fifty One Thousand Nine Hundred Ninety Six Dollars and 00/100 ($151,996.00). 4. 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. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORyY'S OFFICE Date: 11 � I �i �l� Aaron C. Harp City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Keith D. Curry Mayor CONSULTANT: Basin Marine, Inc., a California corporation Date: By: By: Leilani I. Brown Dave New City Clerk President Attachments C Derek New Treasurer [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit. B — Schedule of Billing Rates Basin Marine, Inc. Page 3 EXHIBIT A SCOPE OF SERVICES MONTHLY MANAGEMENT SERVICES The following Services encompass the monthly management Services to be provided by Consultant. • Oversee day to day marina operations and services including slip rental and rent collection. Manage BYB as a Clean Marina. • Cooperate with the City's Cooper Reduction Program at the BYB. • Maintain confidentiality of records including tenancy, disputes, and tenant information. • 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. 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, refer to City for final determination. • Coordinate maintenance activity with City and with contractors for repairs and maintenance. • 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 for further review and/ or replacement. Loss of material adjacent to the bulkhead is a significant safety issue in this marina and will be carefully monitored. Ensure that the marina rules and regulations are provided to reach new tenant and adhered to during their tenancy. • Ensure that the terms of the various slip and garage rental agreements are adhered to by the respective tenants. Review marina operations annually with City's Code and Water Quality Enforcement staff and implement their recommendations regarding water quality maintenance and improvement. Maintain orderly records of marina and BYB property. • Maintain wait list for slips and garages and accept applications and deposits. Basin Marine, Inc. Page A -1• • Maintain confidentiality of records including tenancy, disputes and tenant information. • Maintain accurate records and assist City in collections of debts. • 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. • Conduct daily inspections of docks, garages, restrooms, parking lot, grounds and trash enclosures to maintain safety and cleanliness. • Keep dock cars in order. • Ensure trash bins and enclosures are clean, swept and free of any hazardous materials. • Maintain proper disposal of hazardous waste and retain associated records and waster manifests. • Inspect restrooms daily for cleanliness. Replace restroom supplies as needed. (Does not include janitorial services.) • Provide excellent customer service to current tenants, slip renters, and general public. H. ADDITIONAL SERVICES The following additional Services will be invoiced separately from the monthly management fees. All Additional Services shall be approved by City Staff prior to commencement of Work. 1. Any other Marina Related Work or Services. Other Work or services needed from Basin Marine will include but may not be limited to electrical, plumbing or carpentry on an as needed basis as approved by City Staff. 2. Any materials required for operations or maintenance as approved by City Staff. 3. Any other Marina - Related Work or Services needed by subcontractors on an as needed basis as approved by. City Staff. Other work or services included but may not be limited to, carpenters, electricians, plumbers or diving services. City Staff will review requests and estimates prior to Work being done by outside contractors. Approved requests will be invoiced accordingly. 4. Pumpout Inspections: Pumpout inspections will be billed at $160 per day, as requested by City Staff. Basin Marine, Inc. Page A -2 EXHIBIT B SCHEDULE OF BILLING RATES MONTHLY MANAGEMENT SERVICES Contract Director /Manager/ Doc Master (Dave New): $1,200/ month • Oversee day to day marina operations and services including slip rental and rent collection. • Manage BYB as a Clean Marina. • Cooperate with the City's Cooper Reduction Program at the BYB. • Maintain confidentiality of records including tenancy, disputes, and tenant information. • 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. • 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, refer to City for final determination. Maintenance Coordinator (Derek New): $1,501/ month • Coordinate maintenance activity with City and with contractors for repairs and maintenance. • 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 for further review and/ or replacement. Loss of material adjacent to the bulkhead is a significant safety issue in this marina and will be carefully monitored. • Ensure that the marina rules and regulations are provided to reach new tenant and adhered to during their tenancy. • Ensure that the terms of the various slip and garage rental agreements are adhered to by the respective tenants. • Review marina operations annually with City's Code and Water Quality Enforcement staff and implement their recommendations regarding water quality maintenance and improvement. Basin Marine, Inc. Page B -1 Office Assistant (Lisa Steele): $1,180/ month • Maintain orderly records of marina and BYB property. • Maintain wait list for slips and garages and accept applications and deposits. • Maintain confidentiality of records including tenancy, disputes and tenant information. Maintain accurate records and assist City in collections of debts. • 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. Assistant Dock Master: $2,952/ month • Conduct daily inspections of docks, garages, restrooms, parking lot, grounds and trash enclosures to maintain safety and cleanliness. • Keep dock cars in order. • Ensure trash bins and enclosures are clean, swept and free of any hazardous materials. • Maintain proper disposal of hazardous waste and retain associated records and waster manifests. • Inspect restrooms daily for cleanliness. Replace restroom supplies as needed. (Does not include janitorial services.) • Provide excellent customer service to current tenants, slip renteres, and general public. H. ADDITIONAL SERVICES Additional Services shall be billed on a time and materials basis. Labor shall be billed at $115 per hour for Work performed between 8:00 a.m. and 5:00 p.m., Monday thru Friday and at time and a half ($172.50 per hour) for work performed after 5:00 p.m., Monday thru Friday and on Saturdays and Sundays. Materials shall be invoiced accordingly at cost to Consultant. Total expenditures for Additional Services shall not exceed $70,000.00 per year without written amendment to the Agreement. The City's Project Administrator shall be authorized to provide verbal acceptance of proposals for Services anticipated to cost up to $1,000 (including labor and materials). Basin Marine, Inc. Page B -2 Proposals for Services estimated to cost $1,000 or greater shall require a written letter proposal from the Consultant and written acceptance of the City's Project Administrator Once authorized to proceed, Consultant shall diligently perform the Services in the approved proposal. Work that is outside of the Scope of Work described in the proposal shall not be performed without authorization. Basin Marine, Inc. Page B -3 Attachment B