HomeMy WebLinkAbout24 - Balboa Yacht Basin Management — Approval of a PSACITY OF
NEWPORT BEACH
City Council Staff Report
January 27, 2015
Agenda Item No. 24
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644 -3330,
dawebb@newportbeachca.gov
PREPARED BY: Shannon Levin, Harbor Analyst
PHONE: (949) 644 -3041, shannon @newportbeachca.gov
TITLE: Balboa Yacht Basin Management — Approval of a Professional Services Agreement
with Basin Marine, Inc.
ABSTRACT:
Staff received two proposals for Balboa Yacht Basin management services and requests City Council's
approval to award a Professional Services Agreement to Basin Marine, Inc.
RECOMMENDATION:
Approve a five (5) year Professional Services Agreement with Basin Marine, Inc., of Newport Beach,
California, to manage the Balboa Yacht Basin at a not to exceed cost of $895,200.00, including
maintenance expenses, and authorize the Mayor and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
Contract costs will be expensed to the Public Works Department — Harbor Resources Division budget.
The annual cost of management services is $164,040.00. Additional parts, materials and miscellaneous
labor, such as plumbing and electrical work for routine marina maintenance and repair, will be charged to
Harbor Resources Building Maintenance & Repair.
Account Description
BYB Management
Building Maintenance & Repair
Account Number Amount
5060 -808G $820,200.00
5060 -8040 $ 75,000.00
Total: $895,200.00
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DISCUSSION:
The Balboa Yacht Basin ( "BYB ") is a City- owned, 172 -slip marina located off Harbor Island Drive near
Basin Marine Shipyard and the Galley Cafe (Attachment A). BYB management services include oversight
of day -to -day marina operations and services, maintenance and inspection of the site, and property
management services.
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 onsite vessel pump out station. Basin
Marine's Contract Manager will conduct frequent inspections of the property to advise City staff of needed
repairs to buildings, sidewalks, parking, landscape, etc. This contract excludes landscape maintenance.
Until 2010, City staff had previously operated and managed the BYB. In 2011, staff issued a Request for
Proposals (RFP) for the competitive selection of BYB management. City Council awarded a three -year
contract for BYB 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. Proposals submitted by December 18, 2014 were
accepted for review. Two firms, Basin Marine, Inc. and Harbor Clean, Inc., submitted responses.
Evaluations were conducted by a panel of three (3) staff members using a qualifications -based selection
(QBS) process. Each proposal was scored on a combination of experience and qualifications (70% of total
score) and cost (30% of total score.) Selection criteria included:
• Proposer's overall experience and longevity in providing harbor or basin - related management
services.
• References and project history; specifically references and /or projects relatable to the City with
regards to needs or scope.
• Proposer's ability to demonstrate an understanding of the harbor, Balboa Yacht Basin area,
requirements of the scope of services and challenges in providing services.
• Proposer's demonstration of the necessary knowledge and expertise to properly perform the
requested services.
Evaluation Scores:
Proposer
Basin Marine, Inc
Annual Cost Cost Score Technical Score Total
$168,000.00' 20.44
Harbor Clean, Inc. $114,000.00 30.00
"Cost lowered during contract negotiations.
26.33 56.33
Although Basin Marine, Inc.'s costs are higher than Harbor Clean, Inc., their ability to provide qualified,
professional service to manage the City's asset was superior. Basin Marine, Inc.'s proposal demonstrated
a thorough understanding of the requirements of the RFP, including record keeping, customer service,
coordination with the City, and accessibility to the customers and public. While Harbor Clean, Inc.
demonstrated a good understanding of the harbor with regards to dock cleaning and similar environmental
work, their proposal had no indication of any relevant experience in marina operations and management
nor any specific mention of operations at the BYB.
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Based on this evaluation of experience, references, pricing and understanding of management
requirements, Basin Marine, Inc. was selected as the most qualified firm and is being recommended for
BYB management services. Following the selection of Basin Marine, Inc., staff conducted contract
negotiations as permitted under Council Policy F -14. In doing so, staff was able to reduce Basin Marine's
pricing slightly, resulting in a revised cost of $164,040.00 annually.
In addition, Basin Marine will be reimbursed for costs related to routine maintenance and repairs in the
marina. Items in this category include, but may not be limited to, cleats, miscellaneous hardware and
supplies, rub rails, wood and starboard repair, electrical, plumbing and carpentry work, etc. These costs
shall not exceed $15,000.00 per year and will be expensed from the Harbor Resources Building
Maintenance & Repair Account (5060- 8040).
ENVIRONMENTAL REVIEW:
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).
ATTACHMENTS:
Description
Attachment A - Location Map
Attachment B - Professional Services Agreement with Basin Marine, Inc.
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ATTACHMENT A
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UN0 WITS] aA121►1r:3
PROFESSIONAL SERVICES AGREEMENT
WITH BASIN MARINE, INC. FOR
BALBOA YACHT BASIN MANAGEMENT SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement") is made and
entered into as of this 28th day of January, 2015 ( "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, Suite A, Newport Beach, CA 92660, and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant for Management Services for the Balboa
Yacht Basin ( "Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on January 31, 2020, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ( "Services"
or "Work "). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
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performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 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 Eight
Hundred Ninety Five Thousand Two Hundred Dollars and 00/100 ($895,200.00),
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.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
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Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated David L. New to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff.. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Harbor Resources Manager or designee shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
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8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent, reckless, and /or willful acts,
errors and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Consultant.
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
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be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint- venture or syndicate or co- tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50 %) or more of the voting
power or twenty -five percent (25 %) or more of the assets of the corporation, partnership
or joint- venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
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17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and /or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its. agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
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borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: David L. New
Basin Marine, Inc.
829 Harbor Island Drive, Suite A
Newport Beach, CA 92660
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26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Agreement shall be paid to all workmen employed on the Work
to be done according to the Agreement by the Consultant and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703 -4774, and
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requesting one from the Department of Industrial Relations. The Contractor is required
to obtain the wage determinations from the Department of Industrial Relations and post
at the job site the prevailing rate or per diem wages. It shall be the obligation of the
Contractor or any subcontractor under him /her to comply with all State of California
labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either parry of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interoretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
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29.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
By:
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
\� Edward D. Selich
Mayor
CONSULTANT: Basin Marine, Inc., a
California corporation
Bv:
David L. New
President
Date:
Derek J. New
Secretary/TreasurerNice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Basin Marine, Inc.
Page 12
Mscr,
EXHIBIT A
SCOPE OF SERVICES
Balboa Yacht Basin (BYB) Monthly Management Services
Furnish all labor, equipment, materials, and supervision to perform BYB Management
as described herein including, but not limited to, the following:
• Oversee day -to -day marina operations and services including slip and
garage rentals. Consultant shall collect the first month's rent upon
execution of a lease agreement. First month's rent shall be determined by
consultant and pro -rated should the commencement date fall on a day of
the month other than the first day of such month. Upon receipt, Consultant
shall forward payment to the City's Revenue Division. All other billings and
collection services shall be provided by the City, however, the consultant
will assist the City, to the best of their ability, to collect past due amounts
from slip and garage tenants. The consultant shall also collect a pre-
determined wait list fee from prospective tenants if slips are not available.
• City will be responsible for management and billing of City -Owned
Apartment Units.
• Conduct daily inspections of docks, garages, restrooms, parking lot,
grounds and trash enclosures to maintain safety and cleanliness.
• Keep dock carts 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 waste manifests.
• 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.
• 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.
Basin Marine, Inc. Page A -1
24 -17
• Provide excellent customer service to current tenants, slip renters, and the
general public.
• 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
tenant 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.
• 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.
• 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—.
0 Manage BYB as a Clean Marina.
• Cooperate with the City's Newport Bay Copper Reduction Program at the
BYB. (Information located at www.coastkeeper.orcl)
• Review marina operations annually with the City's Code and Water Quality
Enforcement staff and implement their recommendations regarding water
quality maintenance and improvement.
• 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)
Basin Marine, Inc. Page A -2
24 -18
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.
Any other Marina Related Work or Services
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 or 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 requests and estimates prior to the
commencement of Work being done by outside Contractors. Approved requests
shall be invoiced accordingly.
Basin Marine, Inc. Page A -3
24 -19
EXHIBIT B
SCHEDULE OF BILLING RATES
Basin Marine, Inc. Page B -1
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(REVISED COST FILE)
CITY OF NEWPORT BEACH
RFP NO. 15 -19
Balboa Yacht Basin Management Services
January 9, 2014
Services
Monthly Cost
Contract Director/Manager (Dock Master)
$2,950.00
Maintenance Coordinator
$ 3,800.00
Dock Maintenance (Assistant Dock Master)
$ 3,500.00
Office Assistant
$ 2,500.00
Additional Insurance /Compliance Costs
$ 920.00
Total Monthly Cost:
$ 13,670.00
Total Annual Cost
$1649040.00
24 -21
Balboa Yacht Basin (BYB) Monthly Management Services
DAVE NEW
(Contract DirectorMannger/Dock Master)
• oversee day -today 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 (inove-
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 Arewpoit Bay Copper Reduction Program at the BYB.
(Information located at w-wvv.coastkeeoer.ore)
(we implemented the current program and have a full:n:derstanding of rlre
requirements)l
• Review marine operations annually with City's Code and Water Quality
Enforcement staff and implement their recommendations regarding water quality
maintenance and improvement
Monthly: $3,500.00
24 -22
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
RYANSANFORD
(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
W151091
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:
Time and Materials
(Pre- Approved by City)
24 -24
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general,
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Basin Marine, Inc. Page C -1
24 -25
D. Pollution Liability Insurance: Consultant shall maintain contractor's
pollution liability ( "CPL ") insurance with limits of at least one million dollars
($1,000,000) per claim, and two million dollars ($2,000,000) general
aggregate.
E. Privacy Liability Insurance: Consultant shall maintain privacy liability
insurance with limits of at least one million dollars ($1,000,000) per claim,
and three million dollars ($3,000,000) general aggregate.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
Basin Marine, Inc. Page C -2
24 -26
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self- insured Retentions. Any self - insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non - Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
Basin Marine, Inc. Page C -3
24 -27
judgment may be necessary for its proper protection and prosecution of
the Work.
Basin Marine, Inc. Page G4
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