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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. 17-1 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 17-2 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." 17-3 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 17-4 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 17-5 EXHIBIT B SCHEDULE OF BILLING RATES Basin Marine, Inc. Amendment No. Two Page B-1 17-6 (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 17-7 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 17-8 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 17-9 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) 17-10