HomeMy WebLinkAboutC-3671 - Review Newport Harbor's Existing Commercial and Residential Dock Standards and to Update the Same - Design Criteria for Harbor Construction• c 3t<il
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH CASH AND ASSOCIATES
FOR DESIGN CRITERIA FOR HARBOR CONSTRUCTION
THIS AMENDMENT NO. 1 10 PROFESSIONAL SERVICES AGREEMENT, entered
into this '25 t 1 day of J40uWq 20 05, b y a nd b etween t he CITY OF
NEWPORT BEACH, a municipal c poration, (hereinafter referred to as "City') and
Cash and Associates, whose address is 5772 Bolsa Avenue, Suite 100, Huntington
Beach, 92647, California, 92647, (hereinafter referred to as "Consultant'), is made with
reference to the following:
RECITALS
A. On October 23, 2003, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "Agreement',
for engineering services for the Design Criteria for Harbor Construction,
hereinafter referred to as "Project'. This Agreement is scheduled to
expire on December 1, 2004.
B. City a nd C onsultant h ave a ntered i nto n o s eparate A mendments o f t he
Agreement.
C. City desires to enter into this Amendment No. 1 to reflect additional
services not included in the Agreement or prior Amendments and to
extend the term of the Agreement to April 1, 2005.
D. City desires to compensate Consultant for additional professional services
needed for Project.
E. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall be compensated for services performed pursuant to this
Amendment No 1. according to "Exhibit A" dated November 15, 2004
attached hereto.
2. Total additional compensation to Consultant for services performed
pursuant to this Amendment No. 1 for all work performed in accordance
with this Amendment, including all reimburseable items and subconsultant
fees, shall not exceed Fifteen Thousand Dollars ($15,000).
3. The term of the Agreement shall be extended to April 1, 2005.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
[INSERT] on the date first above written.
APP O AS TO FORM:
Robin Muson,
City Attorney
for the City of Newport Beach
Y.
ATTEST:
LaVonne Harkless,
City Clerk
Attachment: Exhibit A
f: \users\pbw\shared\agreements \master templates \blank - amend.doc
CITY OF NEWPORT BEACH,
A Municipal gorporatiolpl-19
0
for the City of
CONSULTANT:
By:
Randy H. 46son, PE
President
Cash & Associates
CASH & ASSOCIATES
Engineering and Architecture
November 11, 2004
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA 92660
Attention: Mr. Tom Rossmiller
Harbor Resources Manager
Subject: CITY WATERFRONT GUIDELINES
ADDITIONAL WORK
(C &A Job No. 6060.00)
Gentlemen:
Elliott H. Boone
Randy H. Mason
Wilf0do B. Simbol
Kerry M. Simpson
EXHIBIT A
Cash & Associates requires an amendment to our contract agreement in the not -to- exceed
amount of $15,000 to cover the following additional work:
1. Response to unforeseen and additional comments from the Harbor Commission
and other City Departments.
2. Production of graphics for both dock system "Cases" as well as details for piers
and platforms.
It is anticipated that these funds will be required to complete incorporation of comments to the
documents submitted to the City of review. It is expected that this work will be completed within
the next six (6) weeks.
If there are any questions regarding this request, please feel free to call for further information.
Very truly yours,
CASH & ASSOCIATES
Randy H. Mason, PE
President
RHM:rhm
reCg :lProjectsYhM60600015K. LTR
5772 Boise Avenue, Suite 100 a Huntington Beach, CA 92649 USA . TEL:714.895.2072 a FAX 714.895.1291
Web Site. www.c ash associ ates.com ■ A California Corporation
Y oFNEWPCRi BEACH CITY OF NEWPORT BEACH
IAN 2005 CITY COUNCIL STAFF REPORT
Agenda Item No. 5
January 25, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager, (949) 644 -3002
d kiff(cD city. newport- beach.ca.us
Tom Rossmiller, Harbor Resources Manager
trossmillera city. newport- beach.ca. us
SUBJECT: Design Criteria for Harbor Construction Revision — Amendment No. 1
to Professional Services Agreement with Cash and Associates
ISSUE:
As part of the implementation phase of the waterfront Uniform Fire Code Compliance
Program, the City Council has authorized a Professional Services Agreement (PSA)
with Cash and Associates to revise the outdated Design Criteria for Harbor
Construction. Should the City Council approve an amendment to the PSA for the not to
exceed amount of $15,000?
RECOMMENDATION:
Approve Amendment No. 1 to the Professional Services Agreement with Cash and
Associates and authorize the Mayor and City Clerk to execute the Amendment.
DISCUSSION:
Background: On October 28, 2003, the City Council approved the Action Plan
recommended by the Newport Beach Harbor Commission related to vessel berthing
and enforcement of the provisions of the Uniform Fire Code. Ongoing inspections and
enforcement have resulted in substantial compliance with the provisions of the Fire
Code related to safety and installation of the proper fire equipment. In fact, out of 71
commercial docks in Newport Harbor, only three commercial docks remain out of
compliance with the fire equipment and safety requirements.
The Harbor Commission's Action Plan provides for giving the commercial dock
operators until January 31, 2005 to comply with the multiple berthing issues provided
• Design Criteria for H 'Ror Construction Revision
January 25, 2005
Page 2
they have submitted an implementation plan that was approved by the Fire Chief.
Some of the implementation plans involve modifications to the dock.
The Harbor Commission's Action Plan recognized that the reconfiguration or
modification to the docks should be accomplished in accordance with the latest building
and construction standards and that the current City dock standards do not
appropriately address conditions necessary to safeguard users of docks especially for
loading, unloading and queuing of passengers.
To assist the City in developing revised design criteria foe harbor construction, the
Council authorized a PSA with Cash and Associates in the amount of $46,000. The
design criteria and several iterations of changes were accomplished by the consultant
within the authorized amount; however, there were many rounds of unforeseen and
additional comments from the Harbor Commission, City Departments, local marine
contractors and interested citizens in our intemai review and public outreach program.
As a consequence, we are requesting an additional $15,000 to finalize design criteria
and produce graphics for dock system cases that more completely address the highly
variable and complex scenarios unique to Newport Harbor.
Environmental Review: The City Council's approval of this Agenda Item does not
require environmental review.
Public Notice: This agenda item may be noticed according to the Ralph M Brown Act
(72 h ours i n a dvance of t he p ublic meetings a t which t he C ity C ouncil considers t he
item).
Funding Availability: Funds are available as a line -item in the Fiscal Year 2004 -05
breakdown of the 2371 -8080 account for Dock Construction Standards.
Alternatives: Submit Design Criteria for Harbor Construction to the Harbor Commission
and City Council for consideration without further consultant revision and refinement.
Prepared by:
Submitted by:
/M4/L �.
Tom Ross filler, Harbor Resources Dav Ki f, Assistant City Man ger
Manager
Z
Design Criteria for Hat Construction Revision
January 25, 2005
Page 3
Attachments: Amendment No. 1 to PSA
Professional Services Agreement
Previous Related Staff Report (October 28, 2003)
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AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH CASH AND ASSOCIATES
FOR DESIGN CRITERIA FOR HARBOR CONSTRUCTION
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this day of , 20_, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City') and
Cash and Associates, whose address is 5772 Bolsa Avenue, Suite 100, Huntington
Beach, 92647, California, 92647, (hereinafter referred to as "Consultant'), is made with
reference to the following:
RECITALS
A. On October 23, 2003, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "Agreement',
for engineering services for the Design Criteria for Harbor Construction,
hereinafter referred to as 'Project'. This Agreement is scheduled to
expire on December 1, 2004.
B. City and Consultant have entered into no separate Amendments of the
Agreement.
C. City desires to enter into this Amendment No. 1 to reflect additional
services not included in the Agreement or prior Amendments and to
extend the term of the Agreement to April 1, 2005.
D. City desires to compensate Consultant for additional professional services
needed for Project.
E. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall be compensated for services performed pursuant to this
Amendment No 1. according to "Exhibit A" dated November 15, 2004
attached hereto.
2. Total additional compensation to Consultant for services performed
pursuant to this Amendment No. 1 for all work performed in accordance
with this Amendment, including all reimburseable items and subconsultant
fees, shall not exceed Fifteen Thousand Dollars ($15,000).
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3. The term of the Agreement shall be extended to April 1, 2005.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
[INSERT] on the date first above written.
APPROVED AS TO FORM:
Robin Clauson,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
Attachment: Exhibit A
f:\ users \pbw\shared\agreementsVnaster templates \blank - amend.doc
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
for the City of Newport Beach
CONSULTANT:
By:
5
(E f CASH & ASSOCIATES
Engineering and Architecture
November 11, 2004
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA 92660
Attention: Mr. Tom Rossmiller
Harbor Resources Manager
Subject: CITY WATERFRONT GUIDELINES
ADDITIONAL WORK
(C &A Job No. 6060.00)
Gentlemen:
Elliott H. Boone
Randy H. Mason
Wifrrido B. Simbol
Kerry M. Simpson
EXHIBIT A
Cash & Associates requires an amendment to our contract agreement in the not -to- exceed
amount of $15,000 to cover the following additional work:
1. Response to unforeseen and additional comments from the Harbor Commission
and other City Departments.
2. Production of graphics for both dock system "Cases" as well as details for piers
and platforms.
It is anticipated that these funds will be required to complete incorporation of comments to the
documents submitted to the City of review. It is expected that this work will be completed within
the next six (6) weeks.
If there are any questions regarding this request, please feel free to call for further information.
Very truly yours,
CASH & ASSOCIATES
Randy H. Mason, PE
President
RHM:rhm
re1:gAProjec1sVhm1606o001 SK. LTR
5772 Bolsa Avenue. Suite 100 . Huntington Beach, CA 92649 USA n TEL: 714.895.2072. FAX 71 4,895.1291
Web Site: www.cashassociates.com . A California Corporation
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
October 28, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Tim Riley, Fire Chief
Dave Kiff, Assistant City Manager
Tom Rossmiller, Harbor Resources Division Manager
dkiff @city.newport- beach.ca.us or 949 - 644 -3002
trossmiller @city.newport- beach.ca.us or 949 - 644 -3041
SUBJECT: VESSEL BERTHING AND THE UNIFORM FIRE CODE; CONTRACT
AWARD AND BUDGET AMENDMENT FOR COMMERCIAL DOCK
STANDARDS PROJECT
ISSUE:
How should the City enforce the provisions of the Uniform Fire Code relating to vessel
berthing and storage?
RECOMMENDATION:
1. Approve the Action Plan recommended by the Newport Beach Harbor
Commission;
2. Authorize the City Manager to enter into a $46,000 professional services
agreement with Cash and Associates to review Newport Harbor's existing
commercial and residential dock standards and to update same; and
3. Approve Budget Amendment #_ adding $46,000 to the City Manager's 0310-
8080 Account (Professional and Technical Services).
DISCUSSION:
Within Newport Harbor there are 63 Commercial Harbor Permittees. These commercial
marinas provide vessel berthing for a range of users to include public recreational
vessels, yacht clubs, sailing clubs, boat rentals, boat brokers, charter vessel berthing
and shipyards.
Because of robust demand, most of these facilities are full and maintain waiting lists for
slip space. This demand has resulted in some vessel berthing practices that are in
violation of the City's Fire Code and specifically standards developed by the National
Fire Protection Association (NFPA) and incorporated within the Uniform Fire Code.
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NFPA is a national organization dedicated to reducing the burden of fire and other
hazards by providing and advocating scientifically based standards on fire and other
safety issues. As part of this process, the NFPA has developed a fire protection
standard for marinas and boatyards, titled, "NFPA 303 ". This standard was originally
adopted in the 1940s and has been revised over the years, the most recent edition
being 2000. This standard has been adopted by the City of Newport Beach Fire Code
and is the recognized standard for technical applications.
The standard applies to the construction and operation of marinas, boat yards, yacht
clubs, docking facilities and all associated piers, docks and floats. The purpose of the
standard is to provide a minimum acceptable level of safety to life and property from fire
and electrical hazards at marinas and related facilities.
The section of the NFPA is standard applicable to this report is Chapter 5, dealing with
berthing and storage, specifically, 5.1, "Wet Storage and Berthing ", which states, "Each
berth shall be arranged such that a boat occupying a berth can be readily removed in an
emergency without the necessity of removing other boats ". What this does in practical
terms is prohibit either vessel rafting or multiple vessels berthing in a single slip. Rafting
occurs when vessels are tied to each other, outside of the limits of a dock, such that
interior vessels are confined by one or more exterior vessels. Multiple vessel berthing
in a single slip occurs when one or more vessels utilize a single slip and some of the
vessels cannot be moved without movement of other vessels in the same slip.
Multiple vessel
berthing in
a single slip
Raftino
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February 2002 Survey. A February, 2002 survey of the 63 commercial locations over
City and County Tidelands in Newport Harbor found approximately 50% of the marinas
in violation of the Fire Code. At the 32 sites found to be in violation, at that one
snapshot in time, ten of the commercial locations had rafting violations, eight of the
locations had encroachment violations and 29 of the locations had multiple vessels
berthing in a single slip. If all of these locations in violation fort he Fire Code were
brought into compliance approximately 150 vessels would have to be moved to other
locations. Unfortunately, the use of these marinas in violation of the Fire Code has
become both routine and dangerous should a vessel fire occur. If the fire code was
strictly enforced on that particular day, approximately 150 vessels would have had to
have been moved to other locations.
Attached to this staff report is a tabulation of the 63 commercial pier permittees and the
pier usage at each location. The usages include marinas, slip rentals, charter boat
terminals, boat sales, boat yards, yacht clubs, tour boats, sport fishing, boat rentals, gas
docks and restaurant guest docks. This tabulation is provided to show that there are
many different uses at these commercial locations. It is important to note that almost all
of the different uses had occurrences of fire code violations and that fire code
enforcement would not be directed specifically at any given use, but toward the problem
as a whole.
These violations have the potential of exacerbating a fire emergency by concentrating
the fire fuel source. While no national database of marina fires exists, it is believed that
most marine fires begin in a berthed vessel then spread to either other vessels or to the
marina structure. Once a marina fire starts it burns at a much more rapid rate and with
more intensity than a house fire. This is mainly due to the concentration of fuels
existing in vessels including the fuels that power the vessel and the products that
construct the vessel itself. Vessels berthed close together and unable to be separated
have the potential to cause catastrophic results.
At the meeting of October 23, 2002, the Harbor Commission received an oral staff
report. from Fire Marshal Dennis Lockard regarding commercial vessel berthing in
Newport Harbor and application of the Uniform Fire Code. The Fire Marshal related his
concerns relative to the fire danger both to property and personnel posed by illegal
berthing. He felt strongly that this situation should be corrected as soon as it is
practical.
Recent discussions with both Long Beach and Dana Point Harbors revealed that they
do not allow rafting or multiple vessels in slips because, among other reasons, fire
concerns.
Based on the above, the Harbor Commission directed staff to prepare a phased action
plan for enforcement of the Fire Code and notice to the affected harbor permittees. A
plan was submitted at the Harbor Commission meeting of December 11, 2002. The
Harbor Commission assigned the issue to a sub - committee for review and report back.
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The subcommittee informally presented their report at the meeting of February 12, 2003
and recommended a five -step plan for immediate action.
The subcommittee's five -step plan was as follows:
1. The Harbor Commission asked Staff to send a revised draft of the proposed
"initial notice" letter to all commercial harbor permittees to initiate the process.
2. The Harbor Commission asked its subcommittee, supported by Staff, to serve as
continuing liaison with the Newport Beach Chamber of Commerce's Marine
Committee (or a Marine Committee subcommittee) as representatives of the
marine industry and of commercial marinas as a group on this issue.
Subcommittee to hold meetings as appropriate.
3. The Harbor Commission directed Staff to create a Commercial Marina Field
Inspection Team comprised of a Harbor Resources staff member, a
representative from the Fire Department, a representative from the OC Sheriffs
Harbor Patrol, and representatives of any other appropriate agencies. The Team
would update the February 2002 survey, develop a consistent inspection
formattreporting methodology, schedule, etc. and report back on inspection
progress and findings to the Harbor Commission.
4. The Harbor Commission directed Staff to provide a central cleaning
house /resource center of information and contacts for commercial marinas on
this subject at the Harbor Resources Office and on City website.
5. The Harbor Commission requested the assistance of the Public Information
Officer in preparing and distributing media information with full factual information
about process, issues, contacts, etc.
Subsequent to the sub - committee's report, the Harbor Commission requested staff to
prepare a final action plan for implementation. As a result of that direction, Harbor
Resources staff prepared a final Action Plan with Fire Department input. In view of the
fact that the violations appear to have been of long duration and enforcement will
require potential relocation of vessels and possible redesign of marinas with attendant
economic impact, the Action Plan is phased in -- with some aspects occuring as soon
as 6 months from the date of a warning letter and other aspects taking effect 12 months
from the date of the letter.
The Commission approved this Plan (called "6 +6 ") at its meeting of March 12, 2003.
Subsequent to that meeting, the City Council heard about the Plan during a Study
Session on October 14, 2003.
HARBOR COMMISSION - APPROVED ACTION PLAN:
Transmit to each of the Commercial Harbor Permittees (63) a letter (attached)
with an aerial photograph of their marina. If vessels are berthed in violation of
the code, they will be identified in the photo. The letter will require that all
permittees finalize an approved Fire Code Compliance Plan for their specific
docking area within 6 months of receiving the letter.
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If such a plan is approved by Harbor Resources and the Fire Marshal
within 6 months, the permittee would have another 6 months to
incrementally comply with the Uniform Fire Code. Incremental compliance
means that, if a boat is removed from their permit area, it cannot be
replaced with another boat if the other boat would be berthed in a manner
that does not comply with the UFC.
• If the permittee does not secure an approved Fire Code Compliance Plan
within 6 months of the letter's issuance, immediate enforcement of the
UFC will commence.
2. Prepare an Enforcement Plan that identifies inspection team members, items to
be covered and inspection schedule. The initial inspection and strategy
development will include staff from Harbor Resources, the Fire Department, and
Sheriffs Harbor Patrol. Periodic follow -up inspections would be accomplished by
an abbreviated group of the above.
3. Establish a fee schedule to facilitate cost recovery of increased inspections and
enforcement.
4. Prepare a 'Best Management Practices" or'BMP" plan relative to fire safety in
marina operations that will be provided to all marina operators.
5. Establish "Special Circumstances" review board, made up of the Fire Chief (or
his designee) and Harbor Resources to meet with commercial permittees on a
case -by -case basis to discuss potential alternatives to compliance. Nothing in
this section of the Plan requires the Fire Chief to grant any exceptions to the
Uniform Fire Code.
6. Develop and implement an Interim Plan to alleviate as many of the fire code
violations problems, as possible, prior to the expiration of the six and twelve
month period. A potential Interim Plan could include, but not be limited to:
• Construction of temporary piers and docks;
• Additional, appropriately placed moorings within mooring areas;
• Temporary moorings outside of mooring areas;
• Different mooring devices which allow more vessels to be moored within
mooring areas;
The photo and exhibit shown on the next page show a new mooring design and a
current problem with one of the mooring areas (note the amount of moorings that
fall out of the pre- determined mooring area).
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7. Bring all commercial marina facilities into compliance within one year of the date
when the City issues the letter (compliance likely to be required by October 31,
2004).
Moorings outside of proper mooring area
Mooring designed to accommodate four vessels
°.�t1U �8�✓b�i.e -1�-1�
Commercial Dock Standards. Linked closely to Fire Code compliance is an
understanding by various Harbor experts -- including the members of the Harbor
• •
Commission and the Harbor Resources Director -- that any reconfiguration of docks
should be done in accordance with the latest building and construction standards. The
City has not looked at this since 1994 -- at the time, it did so in- house. As a result,
commercial dock standards currently consist of a one -sheet drawing — very similar to
those applied to residential docks. The commercial dock standards that the City uses
do not appropriately address conditions necessary to safeguard users of the docks --
especially in regards to the loading, unloading, and queuing of passengers.
This past summer, the City issued a Request for Qualifications to various vendors who
could update our commercial and residential dock standards. Three companies
responded. A review panel of Tom Rossmiller, Faisal Jurdi, and Chris Miller followed
existing Public Works Guidelines for consultant selection and identified Cash and
Associates as the most qualified bidder.
This Agenda Item asks the Council to authorize the City Manager to enter into a
Professional Services Agreement in the amount of $46,000 with Cash and Associates to
update Newport Harbor's commercial and residential dock standards. Doing so also
requires a Budget Amendment.
Commission and Committee Action: The Newport Beach Harbor Commission approved
the proposed Action Plan. The City Council discussed it at a Study Session on October
14, 2003 and took public testimony. The Council specifically asked about how a Special
Circumstances Review Board might work and what it might consider. On October 22,
the Economic Development Committee (EDC) discussed the Commission's Plan. They
suggested that an economic study be done so that the City would better understand the
fiscal impacts to the City and the economic impacts to the Harbor that the Plan will
have.
Environmental Review: The City Council's approval of this Agenda Item does not
require environmental review.
Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act
(72 hours in advance of the public meeting at which the City Council considers the
item).
Funding Availability: If the Plan is approved by the City Council, City staff may add an
inspection fee not to exceed the cost of inspection to the Master Fee Resolution at a
later date. Adding the Fee to the Master Fee Resolution would require a Council action.
Alternatives: Instead of agreeing to the Harbor Commission's recommended plan, the
Council could:
Refuse to adopt the Plan and continue to allow current practices to continue,
some in violation of the Uniform Fire Code;
Offer amendments to the Plan and adopt it with those amendments;
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Offer amendments to the Plan and return the Plan to the Harbor Commission for
additional review.
Submitted by:
Tom Rossmiller, Harbor Resources Manager Dave Kiff, Assistant City Manager
Tim Riley, Fire Chief
Attachments: Draft Letter to Permittees
Results of February 2002 Survey
Budget Amendment
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October 30, 2003
Re: Vessel Berthing at Commercial Marinas
Dear Commercial Harbor Permittee:
The City of Newport Beach Municipal Code and the Uniform Fire Code regulate vessel
berthing at slips within the City of Newport Beach (copies attached).
A recent survey of our commercial marinas identified a number of facilities that are out
of compliance with the attached regulations. As such, they risk significant property
damage and life- safety impacts in the event of a fire.
Included in this letter is an aerial photograph of your marina taken within the last two
years. Highlighted are any vessels berthed at that time in violation of the attached
regulations.
I am providing you with this information to assist you in determining whether your
current berthing practices violate either the Municipal Code or the Uniform Fire Code.
Please review this information and correct any violations as quickly as feasible. Doing
so is the best way to protect your marina and its vessels from significant fire damage.
Compliance in some locations may necessitate a reconfiguration of slips or relocating
existing berthed vessels. As such we have set the date of September 30, 2004 for all
marinas across Newport Harbor to be in full compliance with the code.
In the meantime, field inspections will be conducted at all marinas in Newport Harbor.
Follow -up letters and photos will be sent to those marinas that are out of compliance at
the time of our field inspection. Harbor Resources staff and Fire Department staff will
be available to you for questions and assistance.
Please know that after September 30, 2004, the City fully intends to pursue harbor -wide
inspections on a periodic basis to review areas for potential violations of the Code.
Operators of marinas or docks that are out of compliance after September 30, 2004 will
likely receive administrative citations that demand compliance along with a $100, $200,
or $500 fine.
If you have any questions or wish to discuss this please contact me at 949 - 644 -3041. 1
look forward to working with you in a participatory process to improve the Harbor's fire
safety.
Sincerely,
Tom Rossmiller, Manager
Division of Harbor Resources
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 28th day of October, 2003, by and between the
City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and
Cash & Associates, whose address is 5772 Bolsa Ave., Suite 100, Huntington Beach,
California, 92647, (hereinafter referred to as "Consultant'), 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. The City of Newport Beach currently is approving harbor groins, bulkheads, beach
platforms, gangways, docks, piers, piles and related hardware based on standards
developed in the 1970s with some more recent revisions as late as 1994. Many of
the standard drawings reflect 1970s layout and design concepts. The revision of
standards related to commercial docks is of special concern at this time.
C. The City desires to retain the services of an engineering consultant to revise existing
design criteria and standard drawings related to commercial and residential waterside
facilities. Additional performance specifications related to structural components,
layout, materials and methods will also be necessary to update the criteria and
standards.
D. The principal member of Consultant is, for purpose of Project, Randy Mason.
E. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
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contract with Consultant under the terms and conditions provided in this Agreement.
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NOW, THEREFORE, it is mutually ag're'ed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the 1st day of December, 2003, and
shall terminate on the 1st day of December, 2004, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit `B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultants compensation for all work
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the total contract price of Forty-Six Thousand Dollars
($46,000.00).
3.1 Consultant shall maintain accounting records of its billings which includes the name
of the employee, type of work performed, times and dates of all work which is billed on an
hourly basis and all approved incidental expenses including reproductions, computer
printing, postage and mileage.
3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty
(30) days of receipt of invoice.
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3.3 Consultant shall not receive any compensation for extra work without prior written
authorization of City. Any authorized &Mpensafion shall be paid in accordance with the
schedule of the billing rates as set forth in Exhibit "B ".
3ACity shall reimburse Consultant only for those costs or expenses, which have been
specifically approved in this Agreement, or specifically approved in advance by City. Such
cost shall be limited and shall include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the services which
Consultant agrees to render pursuant to this Agreement which have been approved
in advance by City and awarded in accordance with the terms and conditions of this
Agreement.
B. Actual costs and /or other costs and /or payments specifically authorized in advance in
writing and incurred by Consultant in the performance of this Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the
effective date of this Agreement, City may withhold payment of ten percent (10 %) of each
approved payment as approved retention until all services under this Agreement have been
substantially completed.
4. STANDARD OF CARE
4.1 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 community professional standards.
All services shall be performed by qualified and experienced personnel who are not
employed by City nor have any contractual relationship with City. Consultant represents to
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City that it has or shall obtain all licenses, permits, qualifications and approvals required of
its profession. If Consultant is performitli('inspection or construction management services
for the City, the assigned staff shall be equipped with a Nextel Plus type cellular /direct
connect unit to communicate with City Staff; consultant's Nextel Direct Connect I.D. Number
will be provided to City to be programmed into City Nextel units, and vice versa. Consultant
further represents that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 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, failure of City to furnish timely information or to promptly approve or
disapprove Consultant's work, delay or faulty performance by City, contractors, or
governmental agencies, or any other delays beyond Consultant's control.
4.3The term Construction Management or Construction Manager does not imply that
Consultant is engaged in any aspect of the physical work of construction contracting.
Consultant shall not have control over or charge of, and shall not be responsible for Project's
design, Project's contractor (hereinafter referred to as "Contractor"), construction means,
methods, techniques, sequences or procedures, or for any health or safety precautions and
programs in connection the work. These duties are and shall remain the sole responsibility
of the Contractor. Consultant shall not be responsible for the Contractor's schedules or
failure to carry out the work in accordance with the contract documents. Consultant shall not
have control over or charge of acts or omissions of City, Design Engineer, Contractor,
Subcontractors, or their Agents or employees, or of any other persons performing portions of
the work.
5. INDEPENDENT PARTIES
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City retains Consultant on an independent contractor basis and Consultant is not an
employee of City. The manner and miMi of conducting the work are under the control of
Consultant, except to the extent they are limited by statute, rule or regulation and the
1.
expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute 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 details
and means of performing the work provided that Consultant is in compliance with the terms
of this Agreement. Anything in this Agreement which may appear to give City the right to
direct Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the desires of
City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator, and any other agencies, which may have jurisdiction or interest in the work to
be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all phases
of Project. This Project Manager shall be available to City at all reasonable times during
term of Project. Consultant has designated Randy Mason to be its Project Manager.
Consultant shall not bill any personnel to Project other than those personnel identified in
Exhibit "B ", whether or not considered to be key personnel, without City's prior written
approval by name and specific hourly billing rate. Consultant shall not remove or reassign
any personnel designated in this Section or assign any new or replacement person to
Project without the prior written consent of City. City's approval shall not be unreasonably
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withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretidWbf City; shall remove from Project any of its
personnel assigned to the performance of services upon written request of City. Consultant
warrants it will continuously furnish the necessary personnel to complete Project on a timely
basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement and
Consultant shall perform the services in accordance with the schedule specified within
Exhibit C. The failure by Consultant to strictly adhere to the schedule may result in
termination of this Agreement by City and assessment of damages against Consultant for
delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which
are due to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance in writing
to the Project Administrator not later than ten (10) calendar days after the start of the
condition, which purportedly causes a delay, but not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays, which are beyond Consultant's
control.
8.2 For all time periods not specifically set forth herein, Consultant shall respond in the
most expedient and appropriate manner under the circumstances by telephone, fax, hand
delivery or mail.
9. CITY POLICY
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Consultant shall discuss and review all matters relating to policy and project direction
with the Project Administrator in advance 6f all critical decision points in order to ensure that
Project proceeds in a manner consistent with City goals and policies.
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10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly authorized
designee informed on a regular basis regarding the status and progress of the work,
activities performed and planned, and any meetings that have been scheduled or are
desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims to the extent arising from any and all negligent acts
or omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. 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.
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13. INSURANCE
Without limiting consultant's indemnif & fion of City, and prior to commencement of work,
Consultant shall obtain and provide and maintain at its own expense during the term of this
Agreement policy or policies of liability insurance of the type and amounts described below
and satisfactory to City. Certification of all required policies shall be signed by a person
authorized by that insurer to bind coverage on its behalf and must be filed with City prior to
exercising any right or performing any work pursuant to this Agreement. Except workers
compensation and errors and omissions, all insurance policies shall add City, its elected
officials, officers, agents, representatives and employees as additional insured for all liability
arising from Consultant's services as described herein.
Insurance policies with original endorsements indemnifying Project for the following
coverages shall be issued by companies licensed to do business in the State of California
and assigned Best's A + XV or better rating:
A. Workers compensation insurance, including "Wavier of Subrogation" clause,
covering all employees and principals of Consultant, per the laws of the State of
California.
B. Commercial general liability insurance, including additional insured and primary and
non - contributory wording, covering third party liability risks, including without
limitation, contractual liability, in a minimum amount of $1 million combined single
limit per occurrence for bodily injury, personal injury and property damage. If
commercial general liability insurance or other form with a general aggregate is used,
either the general aggregate shall apply separately to this Project, or the general
aggregate limit shall be twice the occurrence limit.
C. Commercial auto liability and property insurance, including additional insured {and
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primary and non - contributory wording for waste haulers only), covering any owned
and rented vehicles of Consultant'tri'9 minimum amount of $1 million combined single
limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance, which cover the services, to be
performed in connection with this Agreement in the minimum amount of One Million
Dollars ($1,000,000.00) per claim and policy aggregate.
Said policy or policies shall be endorsed to state that coverage shall not be canceled by
either party, except after thirty (30) days' prior notice has been given in writing to City.
Consultant shall give City prompt and timely notice of claim made or suit instituted arising
out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has agreed
to provide comprehensive general and automotive liability insurance, which Consultant shall
look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any
insurer providing workers compensation, comprehensive general, and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation, which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of
the services to be _performed under this Agreement, directly or indirectly, by operation of law
or otherwise without prior written consent of City. Any attempt to do so without consent of
City shall be null and void.
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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 co- tenant if Consultant is a partnership or joint- venture or syndicate or
co- tenancy, which shall result in changing the control of Consultant, shall be construed as an
assignment of this Agreement. 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.
15.OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document reproduced,
prepared or caused to be prepared by Consultant pursuant to or in connection with this
Agreement shall be the exclusive property of City.
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 as 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.
Consultant shall, at such time and in such forms as City may require, furnish reports
concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
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confidential unless City authorizes the release of information.
17. CITY'S RESPONSIBILITIES "
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In order to assist Consultant in the execution of his responsibilities under this Agreement,
City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one copy of all
existing record information on file at City. Consultant shall be entitled to rely upon the
accuracy of data information provided by City or others without independent review or
evaluation. City will provide all such materials in a timely manner so as not to cause
delays in Consultant's work schedule.
B. Provide blueprinting, CADD plotting, copying and other services through City's
reproduction company for each of the required submittals. Consultant will be required
to coordinate the required submittals with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. City staff will provide usable life of facilities criteria and provide information with
regards to deficient facilities.
D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG)
compatible format.
18. ADMINISTRATION
The Harbor Resources Division will administer this Agreement. Tom Rossmiller shall be
considered the Project Administrator and shall have the authority to act for City under this
Agreement. The Project Administrator or his/her authorized representative shall represent
City in all matters pertaining to the services to be rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
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under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this - Agreement. All such records shall be clearly
identifiable. Consultant shall allow a representative of City during normal business hours to
examine, audit and make transcripts or copies of such records. 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 under this Agreement.
20. WITHHOLDINGS
City may withhold payment 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 for a
period of thirty (30) days from the date of withholding as a result of such withholding.
Consultant shall have an immediate right to appeal to the City Manager or his designee with
respect to such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of
any amounts found to have been improperly withheld.
21. 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 would have resulted
if there were not errors or omissions in the work accomplished by Consultant, the additional
design, construction and/or a restoration expense shall be bome by Consultant. Nothing in
this paragraph is intended to limit City's rights under any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
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A. Consultant or its employees may be subject to the provisions of the California Political
Reform Act of 1974 (the "Act "), WhIdh (1) requires such persons to disclose 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.
B. 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 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.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in this
Agreement shall not be assigned, transferred, contracted or subcontracted without prior
written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under 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.
All notices, demands, requests or approvals from Consultant to City shall be addressed
to City at:
Tom Rossmiller, Harbor Resources Manager
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA, 92660
(949) 644 -3041
Fax (949) 723 -0589
All notices, demands, requests or approvals from City to Consultant shall be addressed
to Consultant at:
Attention: Randy Mason, President
Cash & Associates
5772 Bolsa Ave., Suite 100
Huntington Beach, CA 92647
(714) 895 -2072
Fax (714) 895 -1291
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, 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) days,
or if more than two (2) days are reasonably required to cure the default and the defaulting
party fails to give adequate assurance of due performance within two (2) days after receipt
by defaulting party from the other party of written notice of default, specifying the nature of
such default and the steps necessary to cure such default, the nondefaulting party may
terminate the Agreement forthwith by giving to the defaulting party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. WAIVER
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A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a w-Adr 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. 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 hereon. Any modification of this Agreement will be
effective only by written execution signed by both City and Consultant.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her judgment
as a design professional and is supplied for the general guidance of City. Since Consultant
has no control over the cost of labor and material, or over competitive bidding or market
conditions, Consultant does not guarantee the accuracy of such opinions as compared to
contractor bids or actual cost to City.
31. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer or
architect in responsible charge of the work. City agrees that Consultant shall not be liable
for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse
by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or
readability of CADD data due to inappropriate storage conditions or duration; or (c) any use
by City, or anyone authorized by City, of CADD data for additions to this Project, for the
completion of this Project by others, or for any other project, excepting only such use as is
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authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of such CADD
data.
All drawings shall be transmitted to the City in the City's latest adopted version of
AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the
City's latest adopted version of Microsoft Word and Excel.
32. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and employees
against liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in Consultant's drawings
and specifications provided under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:
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CITY OF NEWPORT BEACH
A Municipal Corporation
By: 4-1Z1
Homer Bludau ity Manager
CONSULTANT : Casy !seo,c.t�es
By: zo
ACS,
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0 0
Exhibit A
Scope of Services Project Approach
Task One: Commercial Dock Consulting
1. Evaluate existing City of Newport Beach design criteria, as well as other materials
available from local counties, state and federal sources.
2. Review and comment regarding on Harbor Commission Subcommittee reports.
3. Provide the City of Newport Beach with a schedule for our team's involvement fro the
work necessary to prepare Commercial Dock Guidelines.
4. Meet with various City of Newport Beach departments to discuss the guidelines and
potential issues and improvement. Meetings with commercial vessel operators and
tenants within Newport Beach and elsewhere may also be necessary to obtain a full
understanding of the facility requirements and as -is conditions in Newport Beach.
5. Provide special studies that may become required as a result of these meetings and
a development of the various issues. Studies may include establishment of various
pileisoil relationships within the City of Newport Beach. Due to the characteristics of
the geology in Newport Beach, various guide pile materials and driving requirements
are necessary. Additional studies may include wind and wave /wake criteria
development, depending on conditions and locations of the projects.
6. Confer with City of Newport Beach Building and Safety management and plan
checkers to coordinate recommendations and assure that new procedures that may
be proposed are understood and that Building Department input is incorporated into
the final documents.
7. Prepare criteria, performance specifications, and sketches as necessary to provide
the necessary design criteria required. Provide the necessary copies of these
documents in the number of copies and media that is required by the City of Newport
Beach.
8. Meet and present the results of this work product to City Staff, the Harbor
Commission, the City Council, community groups, and others, if deemed appropriate.
Special presentations to the City Council, the community groups and others, may be
considered an extra service, as well as the presentation materials that may be
required.
Page 2
Exhibit A
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Task Two
0
Task Two of this project would involve the study, assessment and development of
recommendations for "Design Criteria and Standard Drawings for Harbor
Construction ". This work would include recreational and commercial boat docks,
dock anchoring systems, slope protection guidelines (to include dikes, revetments,
seawalls, and various combinations thereof), dredging, etc.
Optional Scope Items
Geology Map
Due to variable nature of subsurface conditions in Newport Beach; i.e., loose bay
mud to hard shale (along the bluffs), the City may wish to provide a Geological Map
of the harbor, which would serve as a guide to owners, engineers and contractors, as
well as City Plan Check Engineers, regarding the potential conditions that may be
encountered. This type of information would be extremely helpful in determining pile
type (concrete, steel or hybrid), as well as driving conditions and costs. This map
would be accompanied by standard pile drawings, with materials of construction
ranging from prestressed concrete to structural steel piles.
-18- . / 1D
Exhibit B
Billing Rates and Compensation
FiAl CAS H &ASSOCIATES July 1. zoo3
fng in ee Iins and Ar r n it e r l a rr _EXHIBIT B__
RATE SCHEDULE FOR ENGINEERING SERVICE45
ON A TIME AND MATERIAL BASIS
HOURLY
OVERTIME
PROJECT DIRECTOR
150.00
150.00
TERMINAL PLANNING SPECIALIST
150.00
150.00
SR. PROJECT MANAGER
135.00
135.00
PROJECT MANAGER
125.00
125.00
SENIOR ENGINEERING SPECIALIST
125.00
125.00
SENIOR ENGINEER /PROJECT ENGINEER
120.00
120.00
PROJECT ARCHITECT
100.00
100.00
ARCHITECT
95.00
95.00
ENGINEER Ill
110.00
110.00
ENGINEER II
100.00
100.OD
ENGINEER 1
90.00
90.00
ENGINEER
80.00
80.00
COST CONTROL MANAGER
70.00
70,00
PROJECT DESIGNER III
95.00
114.DD
PROJECT DESIGNER 11
85.00
102.00
PROJECT DESIGNER 1
80.00
96.00
SENIOR DESIGNER /CAD OPERATOR III
75.00
90.00
DESIGNERICAD OPERATOR Il
70.00
84.0D
DRAFTERICAD OPERATOR 1
65.00
78.00
PERMIT PROCESSOR/COORDINATOR
moo
84.00
SPECIFICATION PROCESSING
65.00
78.00
WORDPROCESSOR
65.00
78.00
CLERICAL
50.00
60.00
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In addition, for direct oul -of- pocket expenses (d and when !hey occur) we quote the Mowing.-
1) In-House -Repro:
9lueptlnl 5.10 to $1.50 per square fuol4eperMn t, on type of paper
Pbllirq 5.60 to 52.00 per square foot-depending on type of paper
2) Ao:ohable: 5.365 per mile
3) Travel Expense: at Cost -
4) Subsistence: - Away from I ome oT" more than one day: al Cos( not to exceed $150.Wdaeeper mar..
5) Plan Check aoC Building Pem* Fees. at Cost plus 15% MA-up.
6) Third Perry Services: at Cost plus 15% mark -up.
at Surveying
b) Soils im�estigehun
ci Materials testing laboratory work
d) Constituent aM subcontract professional fees
e) Outside reprodudion services
Payments due under this schedule shall bear Interest at the rate of tm percent per anthem cemmencing thirty, (30) days after the
date of invoice. Terms are Net - ThIry Days.
5772 Ool.w Avenue, Suite 100 • Hurdington Beach. CA 9 264 9 -1 1 3 4 USA a TEL: (7141 9952072 • 1562) 42&5145 • FAX (7111 8951 2 91
Mail: P.O. Box 2715. Hunitnason Beach. CA 9264 707 15 • Web Site: w -cash=cciatesxom • A California Corpolal'rop
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 28th day of October, 2003, by and between the
City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and
Cash & Associates, whose address is 5772 Bolsa Ave., Suite 100, Huntington Beach,
California, 92647, (hereinafter referred to as "Consultant'), 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. The City of Newport Beach currently is approving harbor groins, bulkheads, beach
platforms, gangways, docks, piers, piles and related hardware based on standards
developed in the 1970s with some more recent revisions as late as 1994. Many of
the standard drawings reflect 1970s layout and design concepts. The revision of
standards related to commercial docks is of special concern at this time.
C. The City desires to retain the services of an engineering consultant to revise existing
design criteria and standard drawings related to commercial and residential waterside
facilities. Additional performance specifications related to structural components,
layout, materials and methods will also be necessary to update the criteria and
standards.
D. The principal member of Consultant is, for purpose of Project, Randy Mason.
E. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
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r
contract with Consultant under the terms and conditions provided in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the 1st day of December, 2003, and
shall terminate on the 1st day of December, 2004, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the total contract price of Forty -Six Thousand Dollars
($46,000.00).
3.1 Consultant shall maintain accounting records of its billings which includes the name
of the employee, type of work performed, times and dates of all work which is billed on an
hourly basis and all approved incidental expenses including reproductions, computer
printing, postage and mileage.
3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty
(30) days of receipt of invoice.
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3.3 Consultant shall not receive any compensation for extra work without prior written
authorization of City. Any authorized compensation shall be paid in accordance with the
schedule of the billing rates as set forth in Exhibit "B ".
3ACity shall reimburse Consultant only for those costs or expenses, which have been
specifically approved in this Agreement, or specifically approved in advance by City. Such
cost shall be limited and shall include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the services which
Consultant agrees to render pursuant to this Agreement which have been approved
in advance by City and awarded in accordance with the terms and conditions of this
Agreement.
B. Actual costs and/or other costs and/or payments specifically authorized in advance in
writing and incurred by Consultant in the performance of this Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the
effective date of this Agreement, City may withhold payment of ten percent (10 %) of each
approved payment as approved retention until all services under this Agreement have been
substantially completed.
4. STANDARD OF CARE
4.1 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 community professional standards.
All services shall be performed by qualified and experienced personnel who are not
employed by City nor have any contractual relationship with City. Consultant represents to
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City that it has or shall obtain all licenses, permits, qualifications and approvals required of
its profession. If Consultant is performing inspection or construction management services
for the City, the assigned staff shall be equipped with a Nextel Plus type cellular /direct
connect unit to communicate with City Staff; consultant's Nextel Direct Connect I.D. Number
will be provided to City to be programmed into City Nextel units, and vice versa. Consultant
further represents that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 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, failure of City to furnish timely information or to promptly approve or
disapprove Consultant's work, delay or faulty performance by City, contractors, or
governmental agencies, or any other delays beyond Consultant's control.
4.3The term Construction Management or Construction Manager does not imply that
Consultant is engaged in any aspect of the physical work of construction contracting.
Consultant shall not have control over or charge of, and shall not be responsible for Project's
design, Project's contractor (hereinafter referred to as "Contractor'), construction means,
methods, techniques, sequences or procedures, or for any health or safety precautions and
programs in connection the work. These duties are and shall remain the sole responsibility
of the Contractor. Consultant shall not be responsible for the Contractor's schedules or
failure to carry out the work in accordance with the contract documents. Consultant shall not
have control over or charge of acts or omissions of City, Design Engineer, Contractor,
Subcontractors, or their Agents or employees, or of any other persons performing portions of
the work.
5. INDEPENDENT PARTIES
ME
9
City retains Consultant on an independent contractor basis and Consultant is not an
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. Nothing in this Agreement shall be deemed to
constitute 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 details
and means of performing the work provided that Consultant is in compliance with the terms
of this Agreement. Anything in this Agreement which may appear to give City the right to
direct Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the desires of
City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator, and any other agencies, which may have jurisdiction or interest in the work to
be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all phases
of Project. This Project Manager shall be available to City at all reasonable times during
term of Project. Consultant has designated Randy Mason to be its Project Manager.
Consultant shall not bill any personnel to Project other than those personnel identified in
Exhibit "B ", whether or not considered to be key personnel, without City's prior written
approval by name and specific hourly billing rate. Consultant shall not remove or reassign
any personnel designated in this Section or assign any new or replacement person to
Project without the prior written consent of City. City's approval shall not be unreasonably
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withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City. Consultant
warrants it will continuously furnish the necessary personnel to complete Project on a timely
basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement and
Consultant shall perform the services in accordance with the schedule specified within
Exhibit C. The failure by Consultant to strictly adhere to the schedule may result in
termination of this Agreement by City and assessment of damages against Consultant for
delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which
are due to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance in writing
to the Project Administrator not later than ten (14) calendar days after the start of the
condition, which purportedly causes a delay, but not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays, which are beyond Consultant's
control.
8.2 For all time periods not specifically set forth herein, Consultant shall respond in the
most expedient and appropriate manner under the circumstances by telephone, fax, hand
delivery or mail.
9. CITY POLICY
0
I • •
Consultant shall discuss and review all matters relating to policy and project direction
with the Project Administrator in advance of all critical decision points in order to ensure that
Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly authorized
designee informed on a regular basis regarding the status and progress of the work,
activities performed and planned, and any meetings that have been scheduled or are
desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims to the extent arising from any and all negligent acts
or omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. 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.
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13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of work,
Consultant shall obtain and provide and maintain at its own expense during the term of this
Agreement policy or policies of liability insurance of the type and amounts described below
and satisfactory to City. Certification of all required policies shall be signed by a person
authorized by that insurer to bind coverage on its behalf and must be filed with City prior to
exercising any right or performing any work pursuant to this Agreement. Except workers
compensation and errors and omissions, all insurance policies shall add City, its elected
officials, officers, agents, representatives and employees as additional insured for all liability
arising from Consultant's services as described herein.
Insurance policies with original endorsements indemnifying Project for the following
coverages shall be issued by companies licensed to do business in the State of California
and assigned Best's A + XV or better rating:
A. Worker's compensation insurance, including "Wavier of Subrogation" clause,
covering all employees and principals of Consultant, per the laws of the State of
California.
B. Commercial general liability insurance, including additional insured and primary and
non - contributory wording, covering third party liability risks, including without
limitation, contractual liability, in a minimum amount of $1 million combined single
limit per occurrence for bodily injury, personal injury and property damage. If
commercial general liability insurance or other form with a general aggregate is used,
either the general aggregate shall apply separately to this Project, or the general
aggregate limit shall be twice the occurrence limit.
C. Commercial auto liability and property insurance, including additional insured (and
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primary and non - contributory wording for waste haulers only), covering any owned
and rented vehicles of Consultant in a minimum amount of $1 million combined single
limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance, which cover the services, to be
performed in connection with this Agreement in the minimum amount of One Million
Dollars ($1,000,000.00) per claim and policy aggregate.
Said policy or policies shall be endorsed to state that coverage shall not be canceled by
either party, except after thirty (30) days' prior notice has been given in writing to City.
Consultant shall give City prompt and timely notice of claim made or suit instituted arising
out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has agreed
to provide comprehensive general and automotive liability insurance, which Consultant shall
look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any
insurer providing workers compensation, comprehensive general, and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation, which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of
the services to be performed under this Agreement, directly or indirectly, by operation of law
or otherwise without prior written consent of City. Any attempt to do so without consent of
City shall be null and void.
IUn
0
0
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 co- tenant if Consultant is a partnership or joint- venture or syndicate or
co- tenancy, which shall result in changing the control of Consultant, shall be construed as an
assignment of this Agreement. 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.
IS. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document reproduced,
prepared or caused to be prepared by Consultant pursuant to or in connection with this
Agreement shall be the exclusive property of City.
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 as 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.
Consultant shall, at such time and in such forms as City may require, furnish reports
concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
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confidential unless City authorizes the release of information.
17.CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this Agreement,
City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one copy of all
existing record information on file at City. Consultant shall be entitled to rely upon the
accuracy of data information provided by City or others without independent review or
evaluation. City will provide all such materials in a timely manner so as not to cause
delays in Consultant's work schedule.
B. Provide blueprinting, CADD plotting, copying and other services through City's
reproduction company for each of the required submittals. Consultant will be required
to coordinate the required submittals with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. City staff will provide usable life of facilities criteria and provide information with
regards to deficient facilities.
D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG)
compatible format.
18. ADMINISTRATION
The Harbor Resources Division will administer this Agreement. Tom Rossmiller shall be
considered the Project Administrator and shall have the authority to act for City under this
Agreement. The Project Administrator or his /her authorized representative shall represent
City in all matters pertaining to the services to be rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
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11
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement. All such records shall be clearly
identifiable. Consultant shall allow a representative of City during normal business hours to
examine, audit and make transcripts or copies of such records. 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 under this Agreement.
20. WITHHOLDINGS
City may withhold payment 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 for a
period of thirty (30) days from the date of withholding as a result of such withholding.
Consultant shall have an immediate right to appeal to the City Manager or his designee with
respect to such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of
any amounts found to have been improperly withheld.
21. 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 would have resulted
if there were not errors or omissions in the work accomplished by Consultant, the additional
design, construction and /or a restoration expense shall be borne by Consultant. Nothing in
this paragraph is intended to limit City's rights under any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
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9
A. 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 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.
B. 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 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.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in this
Agreement shall not be assigned, transferred, contracted or subcontracted without prior
written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under 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.
All notices, demands, requests or approvals from Consultant to City shall be addressed
to City at:
Tom Rossmiller, Harbor Resources Manager
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA, 92660
(949) 644 -3041
Fax (949) 723 -0589
-13-
0 0
All notices, demands, requests or approvals from City to Consultant shall be addressed
to Consultant at:
Attention: Randy Mason, President
Cash & Associates
5772 Bolsa Ave., Suite 100
Huntington Beach, CA 92647
(714) 895 -2072
Fax (714) 895 -1291
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, 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) days,
or if more than two (2) days are reasonably required to cure the default and the defaulting
party fails to give adequate assurance of due performance within two (2) days after receipt
by defaulting party from the other party of written notice of default, specifying the nature of
such default and the steps necessary to cure such default, the nondefaulting party may
terminate the Agreement forthwith by giving to the defaulting party written notice thereof.
261 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. WAIVER
-14-
0 0
A waiver by either party 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. 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 hereon. Any modification of this Agreement will be
effective only by written execution signed by both City and Consultant.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her judgment
as a design professional and is supplied for the general guidance of City. Since Consultant
has no control over the cost of labor and material, or over competitive bidding or market
conditions, Consultant does not guarantee the accuracy of such opinions as compared to
contractor bids or actual cost to City.
31. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer or
architect in responsible charge of the work. City agrees that Consultant shall not be liable
for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse
by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or
readability of CADD data due to inappropriate storage conditions or duration; or (c) any use
by City, or anyone authorized by City, of CADD data for additions to this Project, for the
completion of this Project by others, or for any other project, excepting only such use as is
-15-
authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of such CADD
data.
All drawings shall be transmitted to the City in the City's latest adopted version of
AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the
City's latest adopted version of Microsoft Word and Excel.
32. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and employees
against liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in Consultant's drawings
and specifications provided under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
M
Attorney
ATTEST:
B�t!JQ
City Clerk
flusersVbmAshared \agreements%lank prof sew.doc
CITY OF NEWPORT BEACH
A Municipal Corporation
By:� X040-1—�
Homer Bludau ity Manager
CONSULTANT ' Ca%/L /itl"SSecio/j�s
By: J�
-16-
0
Exhibit A
0
Scope of Services Project Approach
Task One: Commercial Dock Consulting
1. Evaluate existing City of Newport Beach design criteria, as well as other materials
available from local counties, state and federal sources.
2. Review and comment regarding on Harbor Commission Subcommittee reports.
3. Provide the City of Newport Beach with a schedule for our team's involvement fro the
work necessary to prepare Commercial Dock Guidelines.
4. Meet with various City of Newport Beach departments to discuss the guidelines and
potential issues and improvement. Meetings with commercial vessel operators and
tenants within Newport Beach and elsewhere may also be necessary to obtain a full
understanding of the facility requirements and as -is conditions in Newport Beach.
5. Provide special studies that may become required as a result of these meetings and
a development of the various issues. Studies may include establishment of various
pile /soil relationships within the City of Newport Beach. Due to the characteristics of
the geology in Newport Beach, various guide pile materials and driving requirements
are necessary. Additional studies may include wind and wave/Wake criteria
development, depending on conditions and locations of the projects.
6. Confer with City of Newport Beach Building and Safety management and plan
checkers to coordinate recommendations and assure that new procedures that may
be proposed are understood and that Building Department input is incorporated into
the final documents.
7. Prepare criteria, performance specifications, and sketches as necessary to provide
the necessary design criteria required. Provide the necessary copies of these
documents in the number of copies and media that is required by the City of Newport
Beach.
Meet and present the results of this work product to City Staff, the Harbor
Commission, the City Council, community groups, and others, if deemed appropriate.
Special presentations to the City Council, the community groups and others, may be
considered an extra service, as well as the presentation materials that may be
required.
Page 2
Exhibit A
-17-
0
Task Two
9
Task Two of this project would involve the study, assessment and development of
recommendations for "Design Criteria and Standard Drawings for Harbor
Construction ". This work would include recreational and commercial boat docks,
dock anchoring systems, slope protection guidelines (to include dikes, revetments,
seawalls, and various combinations thereof), dredging, etc.
Optional Scope Items
Geology Map
Due to variable nature of subsurface conditions in Newport Beach; i.e., loose bay
mud to hard shale (along the bluffs), the City may wish to provide a Geological Map
of the harbor, which would serve as a guide to owners, engineers and contractors, as
well as City Plan Check Engineers, regarding the potential conditions that may be
encountered. This type of information would be extremely helpful in determining pile
type (concrete, steel or hybrid), as well as driving conditions and costs. This map
would be accompanied by standard pile drawings, with materials of construction
ranging from prestressed concrete to structural steel piles.
ffin
0
Exhibit B
Billing Rates and Compensation
0
-19-
July 1, 2003
CASH & ASSOCIATES
EXHIBIT 8
FOR ENGINEERING SERVICES
ON ATIME AND -MATERIAL .1BASIS
HOURLY
OVERTIME
PROJECT DIRECTOR
156,60
1516'66
TERMINAL PLANNING SPECIALIST
150.00
150,00
SR, PROJECT MANAGER
135.00
135,00
PROJECT MANAGER
125,00
125,00
SENIOR ENGINEERING SPECIALIST
125.00
126,00
SENIOR ENGINEER/PROJECT ENGINEER
12000
120.00
PROJECT ARCHITECT
100,00
100,00
ARCHITECT
95.00
95.00
ENGINEER 111
110,00
11000
ENGINEER 11
100,00
100.00
ENGINEER 1
9000
90.00
ENGINEER
80.00
80.00
COST CONTROL MANAGER
70.00
70,00
PROJECT DESIGNER 111
95.00
114.00
PROJECT DESIGNER If
8500
102,00
PROJECT DESIGNER 1
80.00
9600
SENIOR DESIGNER/CAD OPERATOR 111
7500
90.00
DEStGNERICAD OPERATOR Q
70.00
84,00
DRAFTER /CAD OPERATOR 1
65.00
78.00
PERMIT PROCESSOR/COORDINATOR
70.00
84,00
SPECIFICATION PROCESSING
65.00
78.00
WORDPROCESSOR
55,00
7800
CLERICAL
50.00
50,00
In addition, for direa out-of-pocket expenses (it and when they occur) "quote the toluoviing
!I In-House Requo,
Blueprint S to w$ t50 per square rod -depending on type of paper
Plotting S.80 to 32.00 per square hootdepend-frig on type of paper
Z) Automobile S.365 per mite
3) Thbodl Expense at cost
4) Subsistence Away from home o#.ary more than one day. .1 Cost, but to
exceed $150 Mdayiper man,
b) Plan Check and Ehuldirs; Permft Ease. at Cost plus 15% rdsfk�.p.
6) Third Party Services: at Cost plus 10 % mark-up
a) Surveying
b) SvIs investigation
c Materians testing laboratory wont,
il� Consultant and subwntracl professional fees
ej outside reproduction semin;es
Payments due under this schedule shall beer interest at the rate at ten percent per annum nemv�. ncing thirty (30) days after the
date ofinvoice Terms are Net, Thirty Days,
TEL 1719; 895-2072 (56711426-6)15 • FAX !71,!Ifx?5;291
voil PC 8')x Web Site A California Co, pwauon
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6Y THE CaY L'U"isr CILL
CrrV0F1JFW40R -, E=ACH
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
October 28. 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Tim Riley, Fire Chief
Dave Kiff, Assistant City Manager
Tom Rossmiller, Harbor Resources Division Manager
dkiff @city.newport- beach.ca.us or 949 - 644 -3002
tossmiller@city.newport-beach.ca.us or 949 - 644 -3041
SUBJECT: VESSEL BERTHING AND THE UNIFORM FIRE CODE; CONTRACT
AWARD AND BUDGET AMENDMENT FOR COMMERCIAL DOCK
STANDARDS PROJECT
ISSUE:
How should the City enforce the provisions of the Uniform Fire Code relating to vessel
berthing and storage?
RECOMMENDATION:
1. Approve the Action Plan recommended by the Newport Beach Harbor
Commission;
2. Authorize the City Manager to enter into a $46,000 professional services
agreement with Cash and Associates to review Newport Harbor's existing
commercial and residential dock standards and to update same; and
3. Approve Budget Amendment #_ adding $46,000 to the City Manager's 0310-
8080 Account (Professional and Technical Services).
DISCUSSION:
Within Newport Harbor there are 63 Commercial Harbor Permittees. These commercial
marinas provide vessel berthing for a range of users to include public recreational
vessels, yacht clubs, sailing clubs, boat rentals, boat brokers, charter vessel berthing
and shipyards.
Because of robust demand, most of these facilities are full and maintain waiting lists for
slip space. This demand has resulted in some vessel berthing practices that are in
violation of the City's Fire Code and specifically standards developed by the National
Fire Protection Association (NFPA) and incorporated within the Uniform Fire Code.
Vessel Bertno and the Uniform Fire Code 4
October 28, 2003
Page 2
NFPA is a national organization dedicated to reducing the burden of fire and other
hazards by providing and advocating scientifically based standards on fire and other
safety issues. As part of this process, the NFPA has developed a fire protection
standard for marinas and boatyards, titled, "NFPA 303 ". This standard was originally
adopted in the 1940s and has been revised over the years, the most recent edition
being 2000, This standard has been adopted by the City of Newport Beach Fire Code
and is the recognized standard for technical applications.
The standard applies to the construction and operation of marinas, boat yards, yacht
clubs, docking facilities and all associated piers, docks and floats. The purpose of the
standard is to provide a minimum acceptable level of safety to life and property from fire
and electrical hazards at marinas and related facilities.
The section of the NFPA is standard applicable to this report is Chapter 5, dealing with
berthing and storage, specifically, 5.1, "Wet Storage and Berthing ", which states, "Each
berth shall be arranged such that a boat occupying a berth can be readily removed in an
emergency without the necessity of removing other boats'. What this does in practical
terms is prohibit either vessel rafting or multiple vessels berthing in a single slip. Rafting
occurs when vessels are tied to each other, outside of the limits of a dock, such that
interior vessels are confined by one or more exterior vessels. Multiple vessel berthing
in a single slip occurs when one or more vessels utilize a single slip and some of the
vessels cannot be moved without movement of other vessels in the same slip.
essels
g in
slip
' Vessel B &g and the Uniform Fire Code
October 28, 2003
Page 3
February 2002 Survey. A February, 2002 survey of the 63 commercial locations over
City and County Tidelands in Newport Harbor found approximately 50% of the marinas
in violation of the Fire Code. At the 32 sites found to be in violation, at that one
snapshot in time, ten of the commercial locations had rafting violations, eight of the
locations had encroachment violations and 29 of the locations had multiple vessels
berthing in a single slip. If all of these locations in violation for the Fire Code were
brought into compliance approximately 150 vessels would have to be moved to other
locations. Unfortunately, the use of these marinas in violation of the Fire Code has
become both routine and dangerous should a vessel fire occur. If the fire code was
strictly enforced on that particular day, approximately 150 vessels would have had to
have been moved to other locations.
Attached to this staff report is a tabulation of the 63 commercial pier permittees and the
pier usage at each location. The usages include marinas, slip rentals, charter boat
terminals, boat sales, boat yards, yacht clubs, tour boats, sport fishing, boat rentals, gas
docks and restaurant guest docks. This tabulation is provided to show that there are
many different uses at these commercial locations. It is important to note that almost all
of the different uses had occurrences of fire code violations and that fire code
enforcement would not be directed specifically at any given use, but toward the problem
as a whole.
These violations have the potential of exacerbating a fire emergency by concentrating
the fire fuel source. While no national database of marina fires exists, it is believed that
most marine fires begin in a berthed vessel then spread to either other vessels or to the
marina structure. Once a marina fire starts it burns at a much more rapid rate and with
more intensity than a house fire. This is mainly due to the concentration of fuels
existing in vessels including the fuels that power the vessel and the products that
construct the vessel itself. Vessels berthed close together and unable to be separated
have the potential to cause catastrophic results.
At the meeting of October 23, 2002, the Harbor Commission received an oral staff
report from Fire Marshal Dennis Lockard regarding commercial vessel berthing in
Newport Harbor and application of the Uniform Fire Code. The Fire Marshal related his
concerns relative to the fire danger both to property and personnel posed by illegal
berthing. He felt strongly that this situation should be corrected as soon as it is
practical.
Recent discussions with both Long Beach and Dana Point Harbors revealed that they
do not allow rafting or multiple vessels in slips because, among other reasons, fire
concerns.
Based on the above, the Harbor Commission directed staff to prepare a phased action
plan for enforcement of the Fire Code and notice to the affected harbor permittees. A
plan was submitted at the Harbor Commission meeting of December 11, 2002. The
Harbor Commission assigned the issue to a sub - committee for review and report back.
• Vessel Bertrl* and the Uniform Fire Code
October 28, 2003
Page 4
The subcommittee informally presented their report at the meeting of February 12, 2003
and recommended a five -step plan for immediate action.
The subcommittee's five -step plan was as follows:
1. The Harbor Commission asked Staff to send a revised draft of the proposed
"initial notice" letter to all commercial harbor permittees to initiate the process.
2. The Harbor Commission asked its subcommittee, supported by Staff, to serve as
continuing liaison with the Newport Beach Chamber of Commerce's Marine
Committee (or a Marine Committee subcommittee) as representatives of the
marine industry and of commercial marinas as a group on this issue.
Subcommittee to hold meetings as appropriate.
3. The Harbor Commission directed Staff to create a Commercial Marina Field
Inspection Team comprised of a Harbor Resources staff member, a
representative from the Fire Department, a representative from the OC Sheriffs
Harbor Patrol, and representatives of any other appropriate agencies. The Team
would update the February 2002 survey, develop a consistent inspection
format/reporting methodology, schedule, etc. and report back on inspection
progress and findings to the Harbor Commission.
4. The Harbor Commission directed Staff to provide a central cleaning
house /resource center of information and contacts for commercial marinas on
this subject at the Harbor Resources Office and on City website.
5. The Harbor Commission requested the assistance of the Public Information
Officer in preparing and distributing media information with full factual information
about process, issues, contacts, etc.
Subsequent to the sub - committee's report, the Harbor Commission requested staff to
prepare a final action plan for implementation. As a result of that direction, Harbor
Resources staff prepared a final Action Plan with Fire Department input. In view of the
fact that the violations appear to have been of long duration and enforcement will
require potential relocation of vessels and possible redesign of marinas with attendant
economic impact, the Action Plan is phased in -- with some aspects occuring as soon
as 6 months from the date of a warning letter and other aspects taking effect 12 months
from the date of the letter.
The Commission approved this Plan (called "6 +6 ") at its meeting of March 12, 2003.
Subsequent to that meeting, the City Council heard about the Plan during a Study
Session on October 14, 2003.
HARBOR COMMISSION- APPROVED ACTION PLAN:
1. Transmit to each of the Commercial Harbor Permittees (63) a letter (attached)
with an aerial photograph of their marina. If vessels are berthed in violation of
the code, they will be identified in the photo. The letter will require that all
permittees finalize an approved Fire Code Compliance Plan for their specific
docking area within 6 months of receiving the letter.
. Vessel B *g and the Uniform Fire Code
October 28, 2003
Page 5
If such a plan is approved by Harbor Resources and the Fire Marshal
within 6 months, the permittee would have another 6 months to
incrementally comply with the Uniform Fire Code. Incremental compliance
means that, if a boat is removed from their permit area, it cannot be
replaced with another boat if the other boat would be berthed in a manner
that does not comply with the UFC.
• If the permittee does not secure an approved Fire Code Compliance Plan
within 6 months of the letter's issuance, immediate enforcement of the
UFC will commence.
2. Prepare an Enforcement Plan that identifies inspection team members, items to
be covered and inspection schedule. The initial inspection and strategy
development will include staff from Harbor Resources, the Fire Department, and
Sheriffs Harbor Patrol. Periodic follow -up inspections would be accomplished by
an abbreviated group of the above.
3. Establish a fee schedule to facilitate cost recovery of increased inspections and
enforcement.
4. Prepare a "Best Management Practices" or "BMP" plan relative to fire safety in
marina operations that will be provided to all marina operators.
5. Establish "Special Circumstances" review board, made up of the Fire Chief (or
his designee) and Harbor Resources to meet with commercial permittees on a
case -by -case basis to discuss potential alternatives to compliance. Nothing in
this section of the Plan requires the Fire Chief to grant any exceptions to the
Uniform Fire Code.
6. Develop and implement an Interim Plan to alleviate as many of the fire code
violations problems, as possible, prior to the expiration of the six and twelve
month period. A potential Interim Plan could include, but not be limited to:
• Construction of temporary piers and docks;
• Additional, appropriately placed moorings within mooring areas;
• Temporary moorings outside of mooring areas;
• Different mooring devices which allow more vessels to be moored within
mooring areas;
The photo and exhibit shown on the next page show a new mooring design and a
current problem with one of the mooring areas (note the amount of moorings that
fall out of the pre - determined mooring area).
• Vessel Berth and the Uniform Fire Code
October 28, 2003
Page 6
7. Bring all commercial marina facilities into compliance within one year of the date
when the City issues the letter (compliance likely to be required by October 31,
2004).
Moorings outside of proper mooring area
Mooring designed to accommodate four vessels
_ U
6
t t r
—rT
• Vessel Be &g and the Uniform Fire Code
October 28, 2003
Page 7
Commercial Dock Standards. Linked closely to Fire Code compliance is an
understanding by various Harbor experts -- including the members of the Harbor
Commission and the Harbor Resources Director -- that any reconfiguration of docks
should be done in accordance with the latest building and construction standards. The
City has not looked at this since 1994 -- at the time, it did so in- house. As a result,
commercial dock standards currently consist of a one -sheet drawing -- very similar to
those applied to residential docks. The commercial dock standards that the City uses
do not appropriately address conditions necessary to safeguard users of the docks —
especially in regards to the loading, unloading, and queuing of passengers.
This past summer, the City issued a Request for Qualifications to various vendors who
could update our commercial and residential dock standards. Three companies
responded. A review panel of Tom Rossmiller, Faisal Jurdi, and Chris Miller followed
existing Public Works Guidelines for consultant selection and identified Cash and
Associates as the most qualified bidder.
This Agenda Item asks the Council to authorize the City Manager to enter into a
Professional Services Agreement in the amount of $46,000 with Cash and Associates to
update Newport Harbor's commercial and residential dock standards. Doing so also
requires a Budget Amendment.
Commission and Committee Action: The Newport Beach Harbor Commission approved
the proposed Action Plan. The City Council discussed it at a Study Session on October
14, 2003 and took public testimony. The Council specifically asked about how a Special
Circumstances Review Board might work and what it might consider. On October 22,
the Economic Development Committee (EDC) discussed the Commission's Plan. They
suggested that an economic study be done so that the City would better understand the
fiscal impacts to the City and the economic impacts to the Harbor that the Plan will
have.
Environmental Review: The City Council's approval of this Agenda Item does not
require environmental review.
Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act
(72 hours in advance of the public meeting at which the City Council considers the
item).
Funding Availability: If the Plan is approved by the City Council, City staff may add an
inspection fee not to exceed the cost of inspection to the Master Fee Resolution at a
later date. Adding the Fee to the Master Fee Resolution would require a Council action.
Alternatives: Instead of agreeing to the Harbor Commission's recommended plan, the
Council could:
Refuse to adopt the Plan and continue to allow current practices to continue,
some in violation of the Uniform Fire Code;
• Vessel Bet. *and the Uniform Fire Code
October 28, 2003
Page 8
• Offer amendments to the Plan and adopt it with those amendments;
• Offer amendments to the Plan and return the Plan to the Harbor Commission for
additional review.
Submitted by:
Tom Rossmil er, Harbor Resources Manager Dave Klff Assistant City Ma ger
Attachments: Draft Letter to Perrnittees
Results of February 2002 Survey
Budget Amendment
OCT -22 -2003 11:40 99i P. R7
Vessel B *g and the Uniform Fire Code
October 28, 2003
Page 9
October 30, 2003
Re: Vessel Berthing at Commercial Marinas
Dear Commercial Harbor Permittee:
The City of Newport Beach Municipal Code and the Uniform Fire Code regulate vessel
berthing at slips within the City of Newport Beach (copies attached).
A recent survey of our commercial marinas identified a number of facilities that are out
of compliance with the attached regulations. As such, they risk significant property
damage and life- safety impacts in the event of a fire.
Included in this letter is an aerial photograph of your marina taken within the last two
years. Highlighted are any vessels berthed at that time in violation of the attached
regulations.
I am providing you with this information to assist you in determining whether your
current berthing practices violate either the Municipal Code or the Uniform Fire Code.
Please review this information and correct any violations as quickly as feasible. Doing
so is the best way to protect your marina and its vessels from significant fire damage.
Compliance in some locations may necessitate a reconfiguration of slips or relocating
existing berthed vessels. As such we have set the date of September 30, 2004 for all
marinas across Newport Harbor to be in full compliance with the code.
In the meantime, field inspections will be conducted at all marinas in Newport Harbor.
Follow -up letters and photos will be sent to those marinas that are out of compliance at
the time of our field inspection. Harbor Resources staff and Fire Department staff will
be available to you for questions and assistance.
Please know that after October 30, 2004, the City fully intends to pursue harbor -wide
inspections on a periodic basis to review areas for potential violations of the Code.
Operators of marinas or docks that are out of compliance after October 30, 2004 will
likely receive administrative citations that demand compliance along with a $100, $200,
or $500 fine.
If you have any questions or wish to discuss this please contact me at 949 - 644 -3041. 1
look forward to working with you in a participatory process to improve the Harbor's fire
safety.
Sincerely,
Tom Rossmiller, Manager
Division of Harbor Resources
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-ty of Newport Beach
BUDGET AMENDMENT
2003 -04
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
i
SOURCE:
from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
NO. BA- 013
AMOUNT: 546;000.00
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from unappropriated General Fund Balance to enter into a professional
services agreement to review and update Newport Harbor's existing commercial and residential dock standards.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Signed:
Administrative
Description
General Fund Fund Balance
Description
Description
0310 City Manager
6080 Professional and Technical Services
i
Administrative Services Director
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$46,000.00
$46,000.00
Date
Date
Date
PRINTEDCEIVED AFTER �AGo,a /p3
Harkless, LaVonne
From: Ridgeway, Tod
Sent: Monday, October 27, 2003 4:33 PM
To: Harkless, LaVonne
Subject: FW: New Harbor Regulations on Fire Safety
LaVonne: Please provide copies of this letter for each councilman.
Tod
- - - -- Original Message---- -
From: dlmills @uci.edu [mailto:dlmills @ uci.edu]
Sent: Monday, October 27, 2003 11:33 AM
To: tridgeway @city.newport- beach.ca.us
Subject: New Harbor Regulations on Fire Safety
I have followed with great interest the upcoming deliberations
regarding new regulations
and restrictions on the use of slips in Newport Harbor, driven by
liability and fire
prevention concerns. Let me remark first that I am not a resident of
Newport Beach, but live
in Irvine. However, my wife and I are both extremely active in the
Newport Harbor sailing
community, and I wish to comment on the impact of the new regulations
on this area of activity. This
will be very considerable indeed, to the point where it will change
the character of the
yachting community in your city.
The commentary in the news articles I have read center on the impact
of the new regulations
on marine businesses which operate in the harbor, such as the yacht
brokers. So far as I can tell, these articles are accurate. What I
wish to say here is that there will be an enormous impact on
organized yachting activities quite generally. Much of what we do
will be no longer possible, under the new regulations. I hope you and
the City Council appreciate the impact of your actions in this sense,
in
addition to the impact on businesses and economic activity in the harbor.
Let me give some examples.
Newport Harbor is a major center for sailboat racing, on the national
and international
scene. The races are sponsored by the principal yacht clubs; there
are in addition high
school and college racing activities and it may be the case these
will be affected somewhat less than the "big boat" racing I have in
mind by the new regulations.
In a major regatta, boats will come to the harbor from elsewhere a
day or two before the
event, and remain in Newport a short time afterwards. Since there are
no empty slips in our
marinas, we need to raft these boats out from g�
ties. When we do this, we
typically are in contact with the Orange County
and we inform them of
our specific plans, I should add. They have had
generally have allowed
rafting out three boats from a dock or end tie,
lest docks and end
Harbor Department,
guidelines which
if necessary.
-There--re•ai- ly-- is -•�no: alternatioto the above described procedulo
given the fact that no empty
siips exist. It simply will not be possible to hold major regattas
centered in Newport
Harbor, if the new regulations are as described in the articles I
have read. My wife, who sits
on the Board of Directors of the Newport Ocean Sailing Association
(NOSA) has also
heard a summary of plans from a member of the Orange County Harbor
Sheriff's Patrol,
and his view was that such regattas would no longer be possible it
Newport Beach.
I can provide you with two examples of such events. In September of
2002, the U. S.
National Men's Sailing Championship (The Mallory Cup) was held in
Newport Beach, and
I served as the Regatta Chairman. A fleet of eleven boats were
required for the Regatta, and
we had to raft these out off the guest docks of my yacht club, Bahia
Corinthian Yacht Club.
They were in the harbor for approximately ten days. We simply would
have no other option
to handle these boats. I don't know any other facility in the harbor
that could accommodate
such an external fleet, without rafting in some manner. Under the new
rules, if we are
approached about .hosting a major regatta such as this in the future,
we would have to advise
the sponsoring organization, US Sailing, to seek another venue.
I don't know how the Newport Ocean Sailing Association can handle the upcoming Newport
Ensenada Race under the new rules. Something like 200
sailboats will come to the
harbor during the week before the race. My own yacht club
accommodates approximately
seventy of them in our marina. We always make a precise plan, and
file this with both the
city and the harbor patrol people. In past years, our plans have been
reviewed by the city
fire marshal. The old rules allowed us to raft three deep of the
guest dock, and we could
block slips provided one would have to move only a single boat to get
a boat out of its slip.
Under the new rules, we will have to turn away all but a handful of
boats. Boats that sail
this race come from San Diego to Santa Barbara. Of the nearly five
hundred participating
boats, only about one hundred or a bit more are from Newport Harbor
(I used to have the
precise numbers at my fingertips; these are approximate only). It is
possible, I suppose, to
accommodate out of area boats in Long Beach or Dana Point, but the
long run to the starting
line the morning of the race would discourage a very large number
outside boats from participating. Of
this, I am absolutely certain. Participation in this event will
necessarily plummet.
There is a third area that will be impacted. Quite commonly the yacht
clubs have events
called exchange cruises, where boats from one club travel to the
facilities of the second, and
conversely. We (and the other clubs) will have four or five such
events in a year, and
generally we need to raft out visiting boats, since more will come in
than we Ca-
2
accommodate in slips empti *y the event (many of members 0 docks
in front of their
houses, etc. so not all boats come from the club marina). Such
exchange cruises, surely
social events only, are a major part of the yachting lifestyle, and
will be prohibited by the
new rules.
The impact of the new rules on sailboat racing activities and other
aspects of organized
yachting in Newport Beach will be devastating, under the new rules. I
can give other
examples. The person who simply has a boat in a slip or in front of a
house, and takes it
out for a cruise or sail will not be affected. But any sort of what
one might call a
cooperative activity, such as a major regatta or yachting event that
draws or requires boats
from outside the harbor will be not be possible under the new rules,
since to accommodate
them we have to raft them out from guest docks, tie them across slips and such.
In my mind, it is important for you and the Council to recognize and
understand the impact
of the new rules which, according to the comments we have received
from the Harbor Patrol
will be enforced very rigidly. The impact on business and economic
activity in the harbor
will be very much as described in the newspaper articles. The point
of this message is that
is only part of the story. The impact on what I might call organized
yachting activities will
be staggering. This raises the issue of whether the desired goals can
be accomplished by
less draconian measures.
Doug Mills, Staff Commodore
Bahia Corinthian Yacht Club
Newport Beach
3