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2006-04-05 ARRA PacketAGENDA
Regular Meeting of the Governing Body of the
Alameda Reuse and Redevelopment Authority
** * * * * **
Alameda City Hall
Council Chamber, Room 390
2263 Santa Clara Avenue
Alameda, CA 94501
1. ROLL CALL
2. CONSENT CALENDAR
Wednesday, April 5, 2006
Meeting will begin at 7:00 p.m.
Consent Calendar items are considered routine and will be enacted, approved or adopted by
one motion unless a request for removal for discussion or explanation is received from the
Board or a member of the public.
2 -A. Approval of the minutes of the Regular Meeting of March 1, 2006.
2 -B Recommendation to Approve Sublease at Alameda Point.
3. REGULAR AGENDA ITEMS
3 -A. Security of Historic Buildings at Alameda Point.
3 -B. Recommendation to Approve a 20 -year Lease with the Department of Transportation
Maritime Administration (MARAD).
3 -C. ARRA Budget Transition Planning Workshop.
3 -D. Update on Alameda Point Navy Negotiations and Land Use Planning.
4. ORAL REPORTS
4 -A. Oral report from Member Matarrese, RAB representative.
5. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT)
(Any person may address the governing body in regard to any matter over which the
governing body has jurisdiction that is not on the agenda.)
6. COMMUNICATIONS FROM THE GOVERNING BODY
ARRA Agenda - April 5, 2006 Page 2
7. ADJOURNMENT
This meeting will be cablecast live on channel 15. The next regular ARRA meeting is
scheduled for Wednesday, May 3, 2006.
Notes:
• Sign language interpreters will be available on request. Please contact the ARRA Secretary at 749 -5800 at
least 72 hours before the meeting to request an interpreter.
• Accessible seating for persons with disabilities (including those using wheelchairs) is available.
• Minutes of the meeting are available in enlarged print.
' Audio tapes of the meeting are available for review at the ARRA offices upon request.
2-Al
APPROVED
MINUTES OF THE REGULAR MEETING OF THE
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
Wednesday. March 1, 2006
The meeting convened at 7:25 p.m. with Chair Johnson presiding.
1. ROLL CALL
Present: Beverly Johnson, Chair of Alameda
Doug deHaan, Boardmember, City of Alameda
Frank Matarrese, Boardmember, City of Alameda
Marie Gilmore, Boardmember, City of Alameda
Absent: Tony Daysog, Boardmember, City of Alameda
(Member Daysog was present for the Closed Session meeting by telephone)
2. CONSENT CALENDAR
2 -A. Approval of the minutes of the Regular Meeting of February 1, 2006.
2 -B. Recommendation to Approve the Naval Air Museum (ANAM) Sublease at Alameda Point.
2 -C. Authorize the Executive Director to execute a Grant Agreement with Metropolitan
Transportation Commission (MTC) for a $221,000 Station Area Planning Grant for
Alameda Point and to Execute a Funding Agreement with the Alameda County
Transportation Improvement Agency (ACTIA) for $25,415 to Provide Matching Local
Funds for the MTC grant.
Approval of 2 -A and 2 -C was motioned by Member Matarrese, seconded by Member
Gilmore and passed by the following voice vote: Ayes — 4; Noes — 0; Abstentions — 0.
Item 2 -B. was pulled by Chair Johnson for discussion because a speaker slip was submitted by
Barbara Baack of the ANAM. Leslie Little, Development Services Director, gave a brief
explanation that this item was presented to the ARRA at its regular meeting on June 1, 2005 at
which time staff was recommending a short-term agreement. At that time, staff was instructed
by the Board to renegotiate to extend the term of the lease and include performance requirements
in the lease. The lease presented tonight for Building 77 is for 10 years with one 5 -year renewal
option.
Chair Johnson requested that the Board review the performance standards before moving
forward with the lease. Barbara Baack of ANAM reiterated to the Board that the performance
metrics in question has already been submitted by ANAM, along with the proposed lease, to the
Development Services Department. Details of the performance measures were not included in
Page 2
the staff report, however; so the Board requested that this item be continued to the next meeting
with the performance measures included.
3. REGULAR AGENDA ITEMS
None.
4. ORAL REPORTS
4 -A. Oral report from Member Matarrese, RAB representative.
Member Matarrese was unable to attend the meeting, so there was no report.
5. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT)
There was one speaker slip from Richard Rutter of the AAPS. Mr. Rutter discussed the BOQ
Tour he took with Member Matarrese on February 23, 2006. The tour was also attended by
Chris Buckley of the AAPS, Elizabeth Johnson and Andrew Thomas of the City, and Mike
Hampen of PM Realty Group.
Mr. Rutter presented several photos taken of the BOQ which showed extensive vandalism and
deterioration of several buildings. Security is a major problem and there needs to be better
measures and more resources towards securing these buildings. Mr. Rutter made a plea that the
BOQ is a good candidate for adaptive reuse, but that it has become an attractive nuisance.
6. COMMUNICATIONS FROM THE GOVERNING BODY
Member Matarrese thanked staff for the BOQ Tour. He stated that his purpose for taking the
tour was to see for himself whether the BOQ is worth restoring, as proposed in the PDC. He
expressed concern about the security of the buildings and that the BOQ has become an attractive
nuisance that someone could get hurt in if we're not careful. He mentioned a previously existing
security /surveillance system in the buildings. Leslie Little explained that the equipment Member
Matarrese was referring to was missing or stolen. Member Matarrese's primary concern is to
increase police patrol, and, secondarily, it should be discussed by the appropriate commissions
and boards on whether to maintain the BOQ building or not. He further stated that it should be
considered rather soon and not let it deteriorate further. Ms. Little discussed some of the
strategies being developed by the Development Services Dept., PM Realty and the APD
regarding increasing security.
Member deHaan's real concern is assessment of the buildings that we want to retain for adaptive
reuse.
Member Matarrese requested that these security issues be addressed at the next ARRA meeting.
Executive Director, Debra Kurita, assured the Board that the Development Services Department
Page 3
and the APD will work together as a team to identify the security issues and will agendize this
item for the next ARRA meeting.
7. ADJOURNMENT
Meeting was adjourned at 7:57 p.m.
Respectfully submitted,
Irma Glidden
ARRA Secretary
Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
April 5, 2006
TO: Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
FROM: Debra Kurita, Executive Director
RE: Recommendation to Approve Sublease at Alameda Point
Background
At the December 2004 ARRA Board Meeting, the ARRA elected to review and approve all subleases at
Alameda Point with a term of one year or longer. The proposed sublease is for one year, and, as a
consequence, is before the Board for approval.
Discussion
The lease is between the ARRA and Event Productions for a term of one year. Event Productions conducts
conference, party, mixer type events and requires the building for storage of equipment and is leasing
30,000 sq. ft. of low grade quality warehouse space (Bldg. 91) for $43,200 annually. The lease has
provisions for no renewal.
Fiscal Impact
The rent for EVENT PRODUCTIONS is $43,200 annually or $0.12 per sq foot.
Recommendation
Approve the proposed sublease.
Attachment
ully sub
s ie rtt e
Development Services Director
By: Nanette Banks
Finance & Administration Manager
Dedicated to Excellence, Committed to Service
Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
ATTACHMENT "A"
PROPOSED SUBLEASE BUSINESS TERMS
April 5, 2006
Page 2
TENANT
BUILDING
SIZE (SF)
TERM
RENT
Event Productions
Bldg 91
30,000
16 months
$3,600imo.
Dedicated to Excellence, Committed to Service
Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
April 5, 2006
TO: Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
FROM: Debra Kurita
Executive Director
RE: Security of Historic Buildings at Alameda Point
Background
The Memorandum of Agreement between the United States Government, Department of the Navy and the
Alameda Reuse and Redevelopment Authority (ARRA) requires the ARRA to provide for the maintenance
and security of buildings and land areas in the designated Historic District.
Discussion
In the past, ARRA staff worked with the Alameda Police Department to patrol buildings on a regular basis.
Currently, PM Realty Group, the ARRA's property manager and maintenance staff, drive the building
premises checking locked doors and windows and other security breach area to keep intruders out of the
buildings. Alameda Point has two separate problems; vandalism and theft. Vandalism events in particular,
increase seasonally, based upon activity events at the former Naval Air Station and the school vacation
calendar. The most menacing vandalism problems are broken windows, graffiti, broken doors, roof access
covers pried off, etc. Upon discovery, PM Realty Group dispatches maintenance staff to the building, or
buildings, to cover windows and doors with plywood, to repair locks or place a hasp and pad -lock on an
unsecured door, or secure the roof access in place.
While all buildings are subject to this random vandalism, there are six large buildings that seem to be
targeted more than others. These are Buildings 3, 4, 5, 16, 17 and 360. Five of these buildings are in the
historic district and four are contributing structures. These buildings used to be barracks for officers and
enlisted soldiers. It is difficult to detect intrusion at these buildings because of their large, meandering
configurations and the existence of multiple entrances and exits.
Previously, at the recommendation of the police, the ARRA purchased one Sentinel Radio Alarm for use to
detect intruders in buildings. Alameda Police Department (APD) would place the alarm in a building, and
if a break in occurred, the alarm would sound directly to Police Dispatch, summoning officers to a break -in
in progress. The one unit has been effective in the past with apprehension of suspects that have gained
access to these buildings. For an unknown reason, the unit was temporarily removed, but recently
relocated by APD, and can be put back into service. This alarm unit costs approximately $3,300, and
includes a radio to attach to each device that directly links to the police department. Staff will be
purchasing four additional alarm systems to place in the above listed buildings and to rotate through other
buildings on a regular basis.
In addition, Alameda Police Department and PM Realty communicate regularly and will continue to meet
to attempt to keep abreast of new issues and to seek ways to mitigate further damages.
Dedicated to Excellence, Committed to Service
Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
Fiscal Impact
April 5, 2006
Pg. 2
The total cost for the purchase of new security equipment and radios is approximately $15,000.
Recommendation
This report has been prepared in response to the ARRA Board inquiry at the February 1, meeting.
Res.ectf 1 ummitted,
PB /SP/NB:dc
Leslie Little
Development Services Director
41
By: Nanette Banks
Finance & Administration Manager
Dedicated to Excellence, Committed to Service
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Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
April 5, 2006
TO: Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
FROM: Debra Kurita
Executive Director
RE: Recommendation to Approve 20 -year Lease with the Department of Transportation
Maritime Administration (MARAD)
Background
Staff has been negotiating the terms of a 20 -year lease with the Maritime Administration (MARAD) since
May 2002. Initially, Alameda Point Community Partners (APCP) took the lead in negotiations. The
outline of the lease (term, space, new construction) was developed during those negotiations, however the
process never resulted in a final agreement. In December 2003, former Deputy City Manager, Doug Yount,
assumed responsibility for finalizing the long-term lease. After Mr. Yount's departure in February 2004,
Development Services staff assumed responsibility to complete lease negotiations. In February 2006, staff
presented the lease outline to the ARRA Governing Body. The ARRA asked for an opportunity to review
the lease (Attachment 1), project cash flow and technical requirements of the lease. This item was
continued from the February 2006 ARRA Board meeting, at which time staff was directed to prepare a full
risk assessment of the lease.
Currently MARAD is leasing Pier 2 and portions of Piers 1 and 3 at Alameda Point (See Attachment 2).
The rent structure is on a per ship /per day basis resulting in an average monthly rent of $145,000. This
structure leaves the ARRA vulnerable if a major event sends ships to sea for long periods of time (tsunami
in .Indian Ocean, supply for military actions). MARAD also leases warehouse space in Building 168,
which is 117,400 square feet. The rent for Building 168 is $34,000 /month. Attachment 3 is an Exhibit
from the lease that lists the revenue generated from the lease.
Discussion/Analysis
Lease Terms
The proposed teuus for the new 20 -year lease provides for flexibility to the ARRA at points that recognize
MARAD's intensification of activity at Alameda Point.
Piers: Rent is structured as a flat fee. Initially pier rent is $150,000 /month for the first two years. At
month 25, the rent increases 3% annually. If Pier 3 becomes available for exclusive use to MARAD, the
rent will increase one -time by 3.5 %. The increase is an acknowledgement of the additional pier space. If
the ARRA does not choose to make Pier 3 available to MARAD, only the annual 3% increases after year
two will occur over the life of the lease.
MARAD leases only a portion of Pier 3. The Hornet Museum occupies the other portions of the Pier.
While the ARRA maintains the option of making Pier 3 available to MARAD, MARAD strongly desires
Dedicated to Excellence, Committed to Service
Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
April 5, 2006
Pg. 2
exclusive use of all the Piers, including Pier 3. MARAD is extremely concerned about security of the piers
and has received citations from the Coast Guard for security violations. MARAD believes that increased
public access makes security violations more likely. Last year, the ARRA installed security fencing near
all MARAD ships to limit access, however MARAD believes that having a public use, such as a museum
adjacent to their operation jeopardizes the security of their ships.
Warehouse: With the execution of a new lease, the warehouse rent will increase 11% to $38,000 /month for
Building 168 with 3% annual increases. In anticipation of the redevelopment of Alameda Point, the lease
also contemplates that the MARAD Warehouse, Building 168, may need to be relocated or reconstructed to
conform to future re -use plans. If this occurs, the lease sets the warehouse lease rate for a new building.
The rent for the newly constructed warehouse will be $.70 sf adjusted at the time of construction to the
May 2006 construction consumer price index.
In addition, early in the negotiations between MARAD and APCP, an architect developed a conceptual
plan for a MARAD "complex" (Attachment 4). The complex is a secure, enclosed area adjacent to Piers 2
and 3 with a space for a newly constructed 88,000 sf warehouse. If the ARRA decides never to move the
Hornet from Pier 3, the complex will not be feasible and MARAD will need to adjust its security plans. If
the ARRA decides to move the Hornet from Pier 3 to Pier 1, as contemplated in an earlier long-term lease
discussion, the ARRA will receive additional revenue (3.5% pier increase mentioned above) and satisfy
MARAD's security concerns. If the ARRA decides to move the Hornet to a location other than the
Alameda Point Piers, MARAD has requested first right of refusal for Pier 1, thereby securing use to all the
Piers. A lease addendum would need to be negotiated for Pier 1.
The lease contains a provision that allows MARAD to audit the premises for physical deficiencies.
Initially, MARAD staff planned to perform an audit of the premises after lease execution to ensure
compliance with the technical requirements of the lease. As a result of the deferral of lease consideration,
MARAD staff scheduled their audit and provided ARRA with their final audit report (Attachment 5
Alameda Point Layberth Facility Inspection). The ARRA will have four months from the contract
execution to repair any deficiencies. The issues highlighted in the audit are minor. MARAD wants three
things immediately addressed: Trash Collection, Billing for Water, and Security Fencing.
In response to the MARAD audit concerns, the MARAD budget for next year includes funding for security
fencing. Trash Collection costs are included in the Pier Maintenance Line Item and MARAD
misunderstood how they are billed for water, so that issue is no longer relevant. There are however two
large capital projects that must be funded during the life of the lease. The projects are electrical system
upgrades at Pier 2 and repairs to the fendering systems at Piers 2 and 3. Current engineer estimates for pier
Tendering improvements are $200,000. The electrical system project estimated at $800,000, is the highest
priority and can be initiated soon after lease commencement. The project can span two fiscal years to
lessen the impact to the ARRA cash flow. (See Attachment 8). These improvements will make the piers
better functioning and will allow the ARRA to be fully compliant with the technical requirements of the
lease (Attachment 6).
Dredging
Dredging the Alameda Channel is an ARRA requirement in the existing lease. In the new lease, MARAD
Dedicated to Excellence, Committed to Service
Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
April 5, 2006
Pg. 3
is responsible to fund all dredging events. If the funds are not made available, the ARRA is not required to
dredge. The ARRA will be responsible to perform annual soundings and perform dredging as needed,
provided that funding is provided by MARAD. Currently, soundings are provided by the Army Corps of
Engineers, as the Alameda Channel is a federal channel. To comply with these requirements, a 20 -year
dredging/dragging plan has been developed by the ARRA and has been accepted by MARAD (Attachment
7). (Dragging is a less expensive method of moving the shoaled material in the channel to maintain depth.)
Risk Assessment
When reviewing the lease, it must be noted that General Conditions reflect the fact that MARAD is a
Federal Agency, and many provisions of the lease are generally required by Federal law, rules and practice.
In addition, since the underlying real property at Alameda Point is still owned by the United States and
controlled by ARRA only through the Lease in Furtherance of Conveyance (LIFOC), many provisions of
the sublease are also required by the LIFOC.
Clause 1. Premises (sublessor optional changes to Premises) (iii) New Warehouse Building
Should the ARRA or its assignee desire to move MARAD from the Building 168 warehouse, $100,000
will be provided as full compensation for relocation to be applied as rent credit during the months
succeeding the relocation, as Warehouse Rent becomes due.
Clause 4. Sublessor's Covenant to Pay Taxes and Assessments.
In the absence of an express waiver of sovereign immunity for the payment of tax assessments, federal
agencies are prohibited from paying state and local taxes with appropriated funds and obligated to pay only
for charges based on the quantum of services provided. The Federal government has not expressly waived
immunity from paying taxes with respect to the lease between MARAD and Alameda. This provision
implements the given immunity; however, because the land is currently owned by the Federal government
and leased to Alameda Reuse and Redevelopment Authority (ARRA), no taxes are currently assessed on
the property.
Clause 5. Sublessor's Covenant to Pay other Expenses
This provision outlines required insurance, expenses and taxes. These requirements and payments are
mandated and required either by the LIFOC (Navy lease includes various provisions requiring insurance on
the federally -owned property) or federal MARAD regulations (e.g. Wharfinger's Liability Policy in the
amount of $5,000,000 per vessel). To the maximum extent possible, all insurance requirements are passed
onto ARRA' s subcontractors; for example, we require our port manager to maintain their own Workman's
Compensation Policy that meets the Federal and State requirements.
Clause 16. Indemnification by Sublessor
This provision implements the insurance requirement for damage or loss resulting from actions of ARRA,
or its agents. This is standard in Federal leases and contracts and is a reasonable requirement of the
Sublessee to require the Sublessor to insure against the acts which are in the control of the Sublessor.
Dedicated to Excellence, Committed to Service
Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
Clause 19. Maintenance & Technical Requirement
April 5, 2006
Pg. 4
Additional obligations during the term of the lease include maintenance of the piers and related property
"in good order" (primarily the piers, electrical systems, water systems, moorings, cleats, bollards and
deadmen) Gross lease revenue from the lease for the Piers alone, will be $47,000,000 over 20 years. A
maintenance reserve account of $70,000 annually will be created to provide for maintenance and repair of
the piers, $20,000 for street maintenance, and $265,000 for piling replacement. The resulting net cash flow
as presented on the attached proforma suggests that the ARRAIAPCP still nets over $16,000,000 in 20
years. (See Attachment 8).
Clause 38. Termination for Convenience by Sublease
The Government reserves the right to completely or partially terminate a contract when it is in the
Government's interest to do so. This is a standard clause mandated by the Federal Acquisition Regulations
and included in Federal Government contracts and is predicated upon the sovereign nature of the Federal
Government. The Regulations allow contract parties to pre- negotiate damages in the event the
Government exercises its rights under this Termination clause. If the Government elects to terminate the
Sublease, the language of the Sublease requires the Government to pay the unamortized costs of any
improvements made to the property for the benefit of the Government. However, ARRA's damages may
not include expected profits from the continuation of the Sublease.
Clause 42. Termination by Sublease for other than Default
Similar to Clause 38, this clause is driven by Federal sovereignty. MARAD will not agree to any lease
terms that would limit the ability of the Federal government or the Congress to act in a sovereign capacity.
That includes the cancellation of appropriated funds or Congressional failure to support the continuation of
the sublease, or the reduction of vessels assigned to the Ready Reserve Force.
The authority of executive agencies to spend appropriated funds is also limited in time, amount and
purpose. This is a required clause where portions of the property may be in excess of MARAD's needs
because there is not proper purpose in maintaining premises in excess of their needs. Lastly as it relates to
the unavailability of utilities, the use of the property may be limited due to the lack of utilities, and the
purposes of the lease cannot be properly executed, and MARAD requires a release from the terms in those
instances. Any termination other than by ARRA default will trigger the liquidated damages provision.
Clause 46. Availability of Funds
This is a standard clause included in Government contracts to ensure compliance with the Anti - Deficiency
Act. The Act prohibits an officer or employee of the Federal government from making or authorizing an
expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or
obligation. The Congress appropriates funds to be used by the Executive branch and funds for payments
under this lease are appropriated on a yearly basis. The Executive branch cannot spend money that
Congress has not appropriated. This clause ensures MARAD is not in violation of the Act by Clarifying
that the obligations under the lease are contingent upon the availability of the appropriated funds.
Dedicated to Excellence, Committed to Service
Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
April 5, 2006
Pg. 5
Attachment 6 (Lease Exhibit H — Technical Requirement & Reimbursable Services). Attachment 6
provides full existing condition inspection details of the physical deficiencies identified in the lease. As
mentioned in the staff report, two issues are major items: one the electrical system upgrades and the pier
fendering. The combined estimated cost to upgrade both deficiencies will be $1,000,000 over the next two
years. Minor modifications noted in the inspection will cost less than $20,000.
Fiscal Impact
All revenues collected from the MARAD Lease are Tidelands funds. Attachment 3 lists the revenue
generated from the lease. The funds currently go to the ARRA, but at conveyance of the property these
funds, while still Tidelands dollars, are proposed to be utilized by APCP to maintain or make
improvements to Tidelands Property at Alameda Point. While the property will not transfer to APCP,
because it is Tidelands property and the City will remain a trustee, the revenue is included in the Alameda
Point Development Pro Forma to be used for Tidelands eligible activities.
Recommendation
Approve a 20 -year lease with the Department of Transportation Maritime Administration (MARAD).
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7
Attachment 8 -
Res oec1y submitted,
slie A. Little
Development Services Director
By: Nanette Banks, Manager
Finance & Administration Division
- Sublease
- Map of MARAD Complex
- 20 -Year Dredging/Dragging Plan
- Conceptual Plan for MARAD Complex
- Alameda Point Layberth Facility Inspection
- Technical Requirements and Reimbursable Services
- Annual Maintenance Dredging Cost Summary
MARAD Cash Flow
EXHIBITS A thru H are on file in the City Clerk's office
Dedicated to Excellence, Committed to Service
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$0.38
54.25
Total Unit
Cost
($ /cy or $ /sf)
!A
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O
O
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0,
O
O
0
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0
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000,9£$
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0
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Engineering
Costs
$11,603,804 I
(A
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$2,522,524
(A (A
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588,250
588,250
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588,250
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$88,250
588,250
$1,625,214
$88,250
588,250
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0
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(A (A
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N N
0 0
V
0
N
0
Total Project
Costs
Dragging Operation 0
Assumes 95% Hamilton Disposal
Assumes 5% Contaminated - Montezuma Disposal
Dragging Operation
Dragging Operation
Assumes 95% Hamilton Disposal
Assumes 5% Contaminated - Montezuma Disposal
Dragging Operation
Dragging Operation
Assumes 95% Hamilton Disposal
Assumes 5% Contaminated - Montezuma Disposal
Dragging Operation
Dragging Operation
Assumes 95% Hamilton Disposal
Assumes 5% Contaminated - Montezuma Disposal
Dragging Operation
Dragging Operation
Assumes 95% Hamilton Disposal
Assumes 5% Contaminated - Montezuma Disposal
Dragging Operation
Dragging Operation
Assumes 95% Hamilton Disposal
Assumes 5% Contaminated - Montezuma Disposal
Dragging Operation
Dragging Operation
Assumes 100% Alcatraz SF -11 Disposal 1
Notes /Comments
Annual Maintenance Dredging Cost Summary
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U.S. Department
of Transportation
MARITIME
ADMINISTRATION
Memorandum
Subject: Alameda Layberth QA Inspection
From: James Kahler, MAR -612
To:
Richard Weaver, Mar -300
Nanette Banks, Alameda Reuse and Redevelopment Authority
Date: February 15, 2006
Reply to
Attn. of:
The initial berth QA inspection commenced on February 7th, and concluded on February 8th,
2006. The inspection was very critical for establishing the base line for meeting the technical
requirements as specified in Exhibit H and addressing the interpretation and implementation
of the requirements. The most significant observations are discussed in this memo. A
complete identification of all discrepancies is documented in the individual berth QA reports.
At the working level the Technical requirement concerning oil booms is vague and needs to
be reworded to identify what MARAD wants ands what ARRA is to provide. As written, no
boom placed around the vessel provides the same latitude of compliance as a fully
encapsulated vessel. In hindsight, not what either party wants.
There are also some uncertainties with respect to services to be provided under the per diem
rate or reimbursable. These are:
1. Trash removal: The technical requirement 4.b.3) states a dumpster is to be located within
100 feet of each vessel gangway. MARAD has assumed that ARRA was providing this
service as part of the per diem rate where in actuality, the Ship Managers have been
arranging for the service and getting reimbursed for the cost. MARAD's intent was for
the service to be provided on a weekly basis and under Section 5.c. anything in excess of
once per week pick -up or larger than 4 CY dumpster was reimbursable. Resolution of this
item may have an affect on the cost structure. ARRA needs to determine that.
Potable Water Service: The requirements assumed that ARRA had included the water rate
in the per diem rate and commencing with the implementation of the lease water usage
will be billed as a reimbursable expense based on actual usage of the vessels. The
reimbursable identifies what is to be reimbursed but the language is cumbersome. Perhaps
rewording the requirement to state each vessel is to be individually metered with charges
billed quarterly may clarify it.
3. Fencing: The type of fence to be used in the interim is proposed to be chain link. PM
Realty and ARRA need to agree on this proposal. Other fencing issues:
a. Pier 1: As long as Nelson Marine occupies the North side of Pier 1, fencing will
,not be in full compliance. The current gate /fence layout provides security down
the pier but does not prevent unauthorized access to the first 6 mooring locations.
The fences do not have end panels to prevent personnel from walking around the
fence. Gate does not have card key or code lock. Fence not topped with bated
wire.
b. Pier 2: Fencing does not prevent access to mooring fittings at the head of the pier.
The existing gate /fence does have harped wire strands on top and around end
panels and was installed within the last 2 years. Gate needs card key /key code
access mechanism installed.
c. Pier 3: The berth is shared with the Ex -Hornet to the north with a fence running
down the middle of the pier. Fence has end post, wire support. and end panel
damage and needs to be straightened, wire strands are slack and need to he re-
tightened. Current location of the gate does not prevent unauthorized access to the
mooring hardware at the head of the pier.
d. Parking Areas: There were.a couple alternative ideas proposed during the
inspection to minimize fencing, lighting, and gating of individual parking lots. PM
Realty and ARRA need to finalize a fencing plan and provide it to MARAD.
The rendering method used is acceptable hut each pier /berth has varying degrees of repair
required. One observation is the camel /pile system in place, as used by the Navy, over time
sibmificantly wears away the fender pile." At some point the camel will cut the pile off at the
water line. It may he preferable to install an alternative fender method to reduce the pile
replacement cost. These alternative methods were discussed with MARAD Surveyors.
Trident and PM Reality representatives.
ALAMEDA POINT LAYBERTH INSPECION
Layberth Operator: ARRA
INSPECTION DATE (S): February 7'j', 2006
ANNIVERSARY DATE: N/A
BERTH INSPECTED: Pier 1 Pier 2 n Pier 3 P
INSPECTED BY: MARAD HQ: James Kahler
MARAD WR: Leonard LeGrappe, Kurt Birkhahn, Kimon Antoniadis
TRIDENT: Mike Vick
POINT OF CONTACT (S): James Kahler, (202) 366 -5072
Pier
Berth
Vessel
Position
FWD Draft
AFT Draft
Meter
1
COMET
Outboard
15' 00"
22' 00"
C1632
1
METEOR
Inboard
16' 04"
21 ' 00"
C1 632
SECTION 4 a BERTH REQUIREMENTS and THE SUBLESSORS OBLIGATIONS
(1) Water depth shall be maintained at 32 feet for the NOAA
Datum Chart.
(2) The proposed berthing facility shall be of sound structural
design, construction, and condition to support ship mooring.
b. The Safe Working Load of all fittings on the layberth shall
be identified on the required drawings that are submitted to
the Sublessee.
(3) N/A
(4) The facility, including but not limited to the layberth and
associated structures, shall be well preserved and maintained at
all times to ensure the proper level of safety and security for
the vessel and the facility, the safe movement of the vessel and
vehicular traffic within the facility, and the cleanliness of the
layberth (e.g., free from garbage and debris).
(5) The sublessor shall maintain all timber fenders.
a. Fenders between the dock and the vessel shall be provided
to keep the vessel off non -wood portions of the dock at all
times.
(6) The dock shall meet the following minimum criteria:
a. The deck shall have a paved concrete or asphalt surface in
good condition.
1 of 7
Satisfactory
Unsatisfactory
X
See note
Satisfactory
Unsatisfactory
a. X
b; See note
Satisfactory
Unsatisfactory
X
See note
Satisfactory
Unsatisfactory
X
See note
Satisfactory
Unsatisfactory
X
See Note
ALAMEDA POINT LAYBERTH INSPECION
Layberth `Operator: ARRA
b. The dock shall be of sufficient strength and dimensions to
facilitate the movements of an HS -20 -44 truck or the
largest fire fighting vehicle, whichever is greater, to and
from the locations identified for the applicable vessel. The
width of the dock apron shall safely accommodate the two -
way passing of two HS -20 -44 trucks or the largest fire
fighting vehicle, whichever is greater
c. The dock shall support vertical live loads as follows:
Point Load (4K Forklift)
Uniform load of 425 lbs per sgft
(7) Present no obstruction, protrusion or obstacle that may prove
hazardous to the ship and /or personnel.
(8) The dock shall be located sufficiently distant from areas where
sand, grit, dust, bird droppings or other airborne or waterborne
substance could hazard the material readiness of the ships
equipment or crew safety.
(9) The Sublessor shall ensure that the layberth is protected by a
well- maintained security fence that prevents access by
unauthorized personnel. If the layberth is part of a larger
facility, there shall be a security fence separating the layberth
from the rest of the facility
a. The Sublessor and the Sublessee shall jointly design a
security fence of sufficient height and coverage that meets
the Sublessee's security requirements and I) prevents
unauthorized personnel from getting within 100 feet of the
ship's hull, ii) prevents unauthorized access to mooring
fittings, and iii) prevents access around the fence, all in a
manner that aesthetically blends into the surrounding
developed property.
b. The fence shall have a gate of sufficient size to allow
access of the size vehicles discussed in 4.a.6). It shall have
a lock with a card key /key code access system. Card
keys /access codes will be provided to MARAD surveyors
and appropriate crewmembers and contractors as determined
by the ship manager.
c. Fences and gates shall be properly maintained at all times.
This includes, but is not limited to, ensuring that all fences,
gates, and posts are free of rust, properly painted, vertically
aligned and kept in a tear -free state (free from holes).
2 of 7
Satisfactory
Unsatisfactory
X
See note.
Satisfactory
Unsatisfactory
X
Satisfactory
Unsatisfactory
X
Satisfactory
Unsatisfactory
X
Satisfactory
Unsatisfactory
See note
Satisfactory
Unsatisfactory
X
See Note
Satisfactory
Unsatisfactory
X
See note
Satisfactory
Unsatisfactory
X
See note
ALAMEDA POINT LAYBERTH INSPECION
Lavberth Operator: ARRA
Signs shall be placed on the fences advising that the area
enclosed is Government property.
(10) The Sublessor shall ensure personnel and contractor access
to and security of the facility to meet the requirements set
forth below:
a. Layberth and ship access shall be available at all times
(including Sublessor provided access between nested
vessels) to facilitate training, crew boarding, cargo
handling, ship husbanding, activations, and repair
services required by the Sublessee or its contractors.
b. The Sublessee /Ship Manager reserves the right to
subcontract for ship repair and /or stevedore services of
its own choosing for the purpose of performing work
onboard, or associated with the vessel, at all times that
the vessel is moored at the facility. Said contractors
and subcontractors shall be provided with unencumbered
access to the vessel (including support vehicles)
including, but not limited to, access across any and all
labor related picket lines. The ship's crew shall be
permitted to load ship's stores and spare parts without
the assessment of stevedore's fees.
(1 1) The layberth and structures adjacent to the layberth shall not
present a fire hazard to the vessel(s).
(12) The Sublessor shall be responsible for, and bear all
expenses associated with ensuring that there are properly
paved and maintained access roads, (including bridges and
tunnels if applicable) within the layberth facility. At all
times during the term of this tertiary sublease, access roads
(including bridges and tunnels) shall not present
obstructions nor restrict the safe access to the dock by
personnel and vehicular traffic including all local
firefighting vehicles and AASHTO HS 20 -44 trucks.
(13) The access roads and bridges shall have sufficient load
bearing capacity and dimensions for AASHTO standard HS
20 -44 truck traffic and the largest and heaviest local
firefighting vehicles.
(14) There shall be an adequately sized turn around area to
enable AASHTO standard HS 20 -44 trucks to turn around.
The turn- around area shall be in close proximity to the
dock apron so that such vehicles can turn around and
3 of 7
Satisfactory
X
Unsatisfactory
Satisfactory
Unsatisfactory
Satisfactory
Unsatisfactory
Satisfactory
X
Unsatisfactory
Satisfactory
Unsatisfactory
Satisfactory
Unsatisfactory
ALAMEDA POINT LAYBERTH INSPECION
Layberth Operator: ARRA
back up to the dock or turn around before leaving via the
access road.
(15) Provide a paved, fenced and well- maintained parking area
no closer than 100 feet to the vessel(s) as delineated in the
facility drawing provided by the Sublessor and accepted by
the Sublessee and no farther than 500 feet from the
vessel(s). There shall be at least 20 spaces for automobiles
and /or small trucks for each ship. Parking spaces shall be
clearly marked and be at least 10 feet wide and 20 feet long.
The parking spaces shall not infringe on the access
requirements as specified elsewhere herein.
(16) Road maintenance within the layberth facility shall be the
responsibility of the Sublessor. All access roads,
roadways, and layberth shall be kept clear from snow, ice,
debris, potholes and vegetation at all times.
(17) Provide lighting of at least 1.0 Foot - candles on the layberth
for its entire length and width to include the apron and all
mooring points to permit safe passage of personnel, line
handlers, etc, as well as all parking areas.
(18) Ensure that telephone communication with the facility
operator and /or manager are available to the Sublessee on a
24 -hour a day, seven -day a week basis. The Sublessor
shall maintain telecopy capability (fax machine) in support
of this requirement during normal working hours at the
place of business.
(19) Sublessor shall have a layberth security plan in compliance
with U.S. Coast Guard Captain of the Port requirements,
and have an Oil spill plan for their facility that is in
accordance with the Clean Water Act.
SECTION 4 b BERTH REQUIREMENTS
(1)
Separate shore power outlets, connections and electric
company metered services for each ship (including cables
and attachment fittings approved by U.S. Coast Guard or
American Bureau of Shipping) rated to meet at least
1200A per vessel 460V /3- phase /60hz electrical
requirements to supply electric power for hotel services,
lighting, machinery tests, dehumidification equipment and
cathodic protection. Electric service shall provide circuit
breakers equipped with short circuit and overload protection
4 of 7
Satisfactory
Unsatisfactory
See Note
Satisfactory
x
Unsatisfactory
Satisfactory
Unsatisfactory
Satisfactory
Unsatisfactory
Satisfactory
Unsatis
ac
ory
X
Satisfactory
See Note
Unsatisfactory
X
ALAMEDA POINT LAYBERTH INSPECION
Layberth Operator: ARRA
on all three phases, and when using single conductor cables,
they must be of the same length, new or in good condition.
Electric power service will be arranged between the
Sublessee, General Service Administration and local utility.
Electric power bills will be paid directly by the Sublessee to
the utility.
(2) Three telephone lines for each ship (including cables,
attachment fittings, jack, and phones) shall be provided.
Initial activation and ongoing service charges for the three
lines shall be paid for by the Ship Manager /General Agent.
Any additional lines requested by the Ship
Manager /General Agent will be at their expense.
(3) An industrial size dumpster (minimum size shall be 4.0
cubic yards), shall be located within 100 feet of the
gangway base of each ship.
(4) Layberth potable water service with demonstrated pressure
maintained at minimum of 40 PSI via a minimum of a two
and one -half inch (21/4 inch) line capable of a minimum
requirement of 200,000 gallons per day (g.p.d.), as well as
sewage.
(5)
Oil booms to support containment of oil spills. The
existing oil booms are to be maintained and replaced as
necessary to support RRF operations. Cleaning the oil
booms is not required as part of maintaining the oil booms.
SECTION 5 REIMBURSABLE SERVICES
(1) Reimbursable services agreed to by the Sublessee shall be
paid by the Sublessor and reimbursed by the Sublessee.
(2) Water and sewage cost will be reimbursed by the
Sublessee strictly based on the percentage of the metered
water and sewage usage of the Sublessee as compared to
the overall usage of water and sewage, multiplied by the
invoiced cost to the Sublessor for the overall water and
sewage usage.
(3) Trash removal will be reimbursed by the Sublessee
arranged between the Sublessee and the layberth Sublessor
COMMENTS
5 of 7
Satisfactory
X
Unsatisfactory
See note.
Satisfactory
Unsatisfactory
X
See note.
Satisfactory
Unsatisfactory
Satisfactory
Unsatisfactory
Satisfactory
Unsatisfactory
Satisfactory
Unsatisfactory
Satisfactory
Unsatisfactory
ALAMEDA POINT LAYBERTH INSPECION
Layberth Operator: ARRA
Section 4a; Item 1: 'Dredging has been completed with the channel at 32' with
the exception off a few spots. These high points are to be lowered during the
maintenance dredging perfoinied Fall 2006. Soundings at the pier are
requested.
Item 2b: Drawings showing safe working load of all fittings needs to be
provided.
Item 4: There is a large amount of floating debris built up between fender
pilings and the inboard vessel. Placement of trash cans around the berth may
help prevent litter.
Item 5: Several broken piles, some missing piles in the fendering structure.
From about the 525' mark to the end of the pier fender piles are in poor
condition. From the 575' to 600' there are no cross pieces between the piles.
Item 6a: There is a sinkhole in the asphalt at the head of the pier approx 3' x 1
1/2' x 2 feet deep that needs to be filled /patched. It is marked off with cones.
Item 6b: Two way traffic is possible on the pier however the gate will
accommodate 1 way traffic.
Item 9: Pier 1 is shared with a commercial company; there is a gated fence
across the pier partially separating the two entities.
Item 9a: The location of the gate is partially down the pier to enable
commercial access to the North side. This arrangement does not provide a 100'
distance away from the vessel and affords open access to the first 6 mooring
fittings. The existing gate does not have end panels to prevent people from
walking around the fence.
Item 9b: The gate is of sufficient size to allow truck access, however, there is
no card /code key locking mechanism
Item 9c: The gate is difficult to open /close, may need to be lubricated.
Item 15: Parking is not fenced in at this point. A fencing plan has not been
finalized to accommodate the requirements.
Section 4b
Item 1: There is 1200Amps available at the pier but it is shared between the
vessels. Electrical upgrades of vaults and topside maintenance needs to be
completed to provide the separate metered power. Power supply cables should
be set on blocks or pallets to prevent them from sitting in accumulated water.
Item 2: Phone jacks are available at the pier; however, phone service goes out
quite often.
6 of 7
ALAMEDA POINT LAYBERTH INSPECION
Lavberth Operator: ARRA
Item 3: Currently ship manager arranges for dumpster service. MARAD HQ
had assumed (maybe incorrectly) that ARRA was already providing that
service with charges being incorporated into the per -diem rate. It is intended
that ARRA provide this service.
Item 5: Wording of this requirement is vague; however, booms do not
encapsulate the nested vessels. Booms are not set off from the vessel.
7 of 7
ALAMEDA POINT LAYBERTH INSPECION
Layberth Operator: ARRA
INSPECTION DATE (S): February 7th, 2006 ANNIVERSARY DATE: N/A
—
BERTH INSPECTED: Pier 1 Pier 2 ® Pier 3 r
INSPECTED BY: MARAD HQ: James Kahler
MARAD WR: Leonard LeGrappe
TRIDENT: Mike Vick
POINT OF CONTACT (S): James Kahler, (202) 366 -5072
Pier
Berth
Vessel
Position
FWD Draft
AFT Draft
Meter
2
8
CAPE GIBSON
Inboard
12' 06"
2
8
CAPE GIRADEAU
Outboard
12' 06"
2
2
ADMIRAL CALLAGHAN
Inboard
18' 06"
2
2
CAPE ORLANDO
Outboard
4.8m
6.8m
2
1
GEM STATE
Inboard
25' 00"
2
1
KEYSTONE STATE
Outboard #2
20' 06"
25' 00"
2
1
GRAND CANYON STATE
Outboard #3
18' 00"
25' 00"
2
9
USNS KAISER
2
9
USNS KILAUEA
SECTION 4 a BERTH REOUIREMENTS and THE SUBLESSORS OBLIGATIONS
(1) Water depth shall be maintained at 32 feet for the NOAA
Datum Chart.
(2) The proposed berthing facility shall be of sound structural
design, construction, and condition to support ship mooring.
b. The Safe Working Load of all fittings on the layberth shall
be identified on the required drawings that are submitted to
the Sublessee.
(3) N/A
(4) The facility, including but not limited to the layberth and
associated structures, shall be well preserved and maintained at
all times to ensure the proper level of safety and security for
the vessel and the facility, the safe movement of the vessel and
vehicular traffic within the facility. and the cleanliness of the
layberth (e.g., free from garbage and debris).
(5) The sublessor shall maintain all timber fenders.
a. Fenders between the dock and the vessel shall be provided
1 of 7
Satisfactory
Unsatisfactory
X
See note.
Satisfactory
Unsatisfactory
X
See note
Satisfactory
Unsatisfactory
X
See note
Satisfactory
Unsatisfactory
X
See note
ALAMEDA POINT LAYBERTH INSPECION
Layberth Operator: ARRA
to keep the vessel off non -wood portions of the dock at all
times.
(6) The dock shall meet the following minimum criteria:
a. The deck shall have a paved concrete or asphalt surface in
good condition.
b. The dock shall be of sufficient strength and dimensions to
facilitate the movements of an HS -20 -44 truck or the
largest fire fighting vehicle, whichever is greater, to and
from the locations identified for the applicable vessel. The
width of the dock apron shall safely accommodate the two -
way passing of two HS -20 -44 trucks or the largest fire
fighting vehicle, whichever is greater
c. The dock shall support vertical live loads as follows:
Point Load (4K Forklift)
Uniform load of 425 lbs per sqft
(7) Present no obstruction, protrusion or obstacle that may prove
hazardous to the ship and /or personnel.
(8) The dock shall be located sufficiently distant from areas where
sand, grit, dust, bird droppings or other airborne or waterborne
substance could hazard the material readiness of the ships
equipment or crew safety.
(9) The Sublessor shall ensure that the layberth is protected by a
well- maintained security fence that prevents access by
unauthorized personnel. If the layberth is part of a larger
facility, there shall be a security fence separating the layberth
from the rest of the facility
a. The Sublessor and the Sublessee shall jointly design a
security fence of sufficient height and coverage that meets
the Sublessee's security requirements and 1) prevents
unauthorized personnel from getting within 100 feet of the
ship's hull, ii) prevents unauthorized access to mooring
fittings, and iii) prevents access around the fence, all in a
manner that aesthetically blends into the surrounding
developed property.
b. The fence shall have a gate of sufficient size to allow
access of the size vehicles discussed in 4.a.6). It shall have
a lock with a card key /key code access system. Card
keys /access codes will be provided to MARAD surveyors
and appropriate crewmembers and contractors as
2 of 7
Satisfactory
Unsatisfactory
X
See note.
Satisfactory
Unsatisfactory
X
See note
Satisfactory
X
Unsatisfactory
Satisfactory
Unsatisfactory
X
Satisfactory
X
Unsatisfactory
Satisfactory
Unsatisfactory
X
See note
Satisfactory
Unsatisfactory
See note
Satisfactory
Unsatisfactory
X
See note.
ALAMEDA POINT LAYBERTH INSPECION
Layberth Operator: ARRA
determined by the ship manager.
c. Fences and gates shall be properly maintained at all times.
This includes, but is not limited to, ensuring that all fences,
gates, and posts are free of rust, properly painted, vertically
aligned and kept in a tear -free state (free from holes).
Signs shall be placed on the fences advising that the area
enclosed is Government property.
(10) The Sublessor shall ensure personnel and contractor access
to and security of the facility to meet the requirements set
forth below:
a. Layberth and ship access shall be available at all times
(including Sublessor provided access between nested
vessels) to facilitate training, crew boarding, cargo
handling, ship husbanding, activations, and repair
services required by the Sublessee or its contractors.
Satisfactory
Unsatisfactory
Satisfactory
Unsatisfactory
b. The Sublessee /Ship Manager reserves the right to
subcontract for ship repair and /or stevedore services of
its own choosing for the purpose of performing work
onboard, or associated with the vessel, at all times that
the vessel is moored at the facility. Said contractors
and subcontractors shall be provided with unencumbered
access to the vessel (including support vehicles)
including, but not limited to, access across any and all
labor related picket lines. The ship's crew shall be
permitted to load ship's stores and spare parts without
the assessment of stevedore's fees.
(11) The layberth and structures adjacent to the layberth shall not
present a fire hazard to the vessel(s).
(12) The Sublessor shall be responsible for, and bear all
expenses associated with ensuring that there are properly
paved and maintained access roads, (including bridges and
tunnels if applicable) within the layberth facility. At all
times during the term of this tertiary sublease, access roads
(including bridges and tunnels) shall not present
obstructions nor restrict the safe access to the dock by
personnel and vehicular traffic including all local
firefighting vehicles and AASHTO HS 20 -44 trucks.
(13) The access roads and bridges shall have sufficient load
bearing capacity and dimensions for AASHTO standard HS
20 -44 truck traffic and the largest and heaviest local
3 of 7
X
Satisfactory
Unsatisfactory
Satisfactory
Unsatisfactory
Satisfactory
Unsatisfactory
X
Satisfactory
Unsatisfactory
X
Satisfactory
Unsatisfactory
X
ALAMEDA POINT LAYBERTH INSPECION
Layberth Operator: ARRA
firefighting vehicles.
(14) There shall be an adequately sized turn around area to
enable AASHTO standard HS 20 -44 trucks to turn around.
The turn- around area shall be in close proximity to the
dock apron so that such vehicles can turn around and
back up to the dock or turn around before leaving via the
access road.
(15) Provide a paved, fenced and well- maintained parking area
no closer than 100 feet to the vessel(s) as delineated in the
facility drawing provided by the Sublessor and accepted by
the Sublessee and no farther than 500 feet from the
vessel(s). There shall be at least 20 spaces for automobiles
and /or small trucks for each ship. Parking spaces shall be
clearly marked and be at least 10 feet wide and 20 feet long.
The parking spaces shall not infringe on the access
requirements as specified elsewhere herein.
(1 6) Road maintenance within the layberth facility shall be the
responsibility of the Sublessor. All access roads,
roadways, and layberth shall be kept clear from snow, ice,
debris, potholes and vegetation at all times.
(17) Provide lighting of at least 1.0 Foot- candles on the layberth
for its entire length and width to include the apron and all
mooring points to permit safe passage of personnel, line
handlers, etc, as well as all parking areas.
(18) Ensure that telephone communication with the facility
operator and /or manager are available to the Sublessee on a
24 -hour a day, seven -day a week basis. The Sublessor
shall maintain telecopy capability (fax machine) in support
of this requirement during normal working hours at the
place of business.
(19) Sublessor shall have a layberth security plan in compliance
with U.S. Coast Guard Captain of the Port requirements,
and have an Oil spill plan for their facility that is in
accordance with the Clean Water Act.
4 of 7
Satisfactory
X
Unsatisfactory
Satisfactory
Unsatisfactory
X
See note.
Satisfactory
X
Unsatisfactory
Satisfactory
X
Unsatisfactory
Satisfactory
Unsatisfactory
Satisfactory
X
Unsatisfactory
ALAMEDA POINT LAYBERTH INSPECION
Layberth Operator: ARRA
SECTION 4 b BERTH REQUIREMENTS
(1) Separate shore power outlets, connections and electric
company metered services for each ship (including cables
and attachment fittings approved by U.S. Coast Guard or
American Bureau of Shipping) rated to meet at least
1200A per vessel 460V/3- phase /60hz electrical
requirements to supply electric power for hotel services,
lighting, machinery tests, dehumidification equipment and
cathodic protection. Electric service shall provide circuit
breakers equipped with short circuit and overload protection
on all three phases, and when using single conductor cables,
they must be of the same length, new or in good condition.
Electric power service will be arranged between the
Sublessee, General Service Administration and local utility.
Electric power bills will be paid directly by the Sublessee to
the utility.
(2) Three telephone lines for each ship (including cables,
attachment fittings, jack, and phones) shall be provided.
Initial activation and ongoing service charges for the three
lines shall be paid for by the Ship Manager /General Agent.
Any additional lines requested by the Ship
Manager /General Agent will be at their expense.
(3) An industrial size dumpster (minimum size shall be 4.0
cubic yards), shall be located within 100 feet of the
gangway base of each ship.
(4) Layberth potable water service with demonstrated pressure
maintained at minimum of 40 PSI via a minimum of a two
and one -half inch (21/2 inch) line capable of a minimum
requirement of 200,000 gallons per day (g.p.d.), as well as
sewage.
(5)
Oil booms to support containment of oil spills. The
existing oil booms are to be maintained and replaced as
necessary to support RRF operations. Cleaning the oil
booms is not required as part of maintaining the oil booms.
SECTION 5 REIMBURSABLE SERVICES
(1) Reimbursable services agreed to by the Sublessee shall be
paid by the Sublessor and reimbursed by the Sublessee.
5 of 7
Satisfactory
Unsatisfactory
See note.
Satisfactory
Unsatisfactory
X
Satisfactory
Unsatisfactory
See note
Satisfactory
X
Unsatisfactory
Satisfactory
Unsatisfactory
See note.
Satisfactory
Unsatisfactory
ALAMEDA POINT LAYBERTH INSPECION
Layberth Operator: ARRA
(2) Water and sewage cost will be reimbursed by the Sublessee
strictly based on the percentage of the metered water and
sewage usage of the Sublessee as compared to the overall
usage of water and sewage, multiplied by the invoiced cost
to the Sublessor for the overall water and sewage usage.
(3)
Trash removal will be reimbursed by the Sublessee
arranged between the Sublessee and the layberth Sublessor
COMMENTS
Satisfactory
Unsatisfactory
Satisfactory
Unsatisfactory
Section 4a; Item 1: Dredging has been completed with the channel at 32' with
the exception off a few spots. These high points are to be lowered during the
maintenance dredging performed Fall 2006.
Item 2b: Drawings showing safe working load of all fittings needs to be
provided.
Item 4: On berth 2 tat approximately the 600' mark the expansion joint cover
needs to be repaired. It currently is wedged down into the joint and makes a
\potential trip /falling hazard. There is excess ships gear (wire rope coil) at the
end of the pier that needs to b e disposed of. Placement of trash cans around the
berth may help prevent litter.
Item 5: At berth 1 there are several broken piles and crushed fendering points.
Item 6a: At the head of the pier in the barricaded area there are some concrete
conduit covers that are collapsing. These areas have metal plates over them as
an interim; barriers are erected to prevent parking in the area.
Item 6b: The Admiral Callaghan ramp when deployed limits the head of the
pier to one -way access. The pier will support two way traffic.
Item 9: Pier 2 fence /gate is at the head of the pier and does not isolate the
layberth area from the rest of the facility.
Item 9a: The location of the fence /gate at the head of the pier and does not
provide a 100' distance away from the vessels and affords open access to
mooring hardware at the head of the pier.
Item 9b: The gate is of sufficient size to allow truck access; however, there is
no card /code key locking mechanism.
Item 9c: This is a recently installed gate with barbed wire and has the end
panels as required.
Item 15: Current parking areas are not fenced. Proposed fencing plan will
6 of 7
ALAMEDA POINT LAYBERTH INSPECION
Layberth Operator: ARRA
address this issue.
Item 17: Lighting has not been checked with a light meter, but there are cluster
lights on the pier and in parking areas.
Section 4b; Item 1: Pier 2 electrical upgrades providing for an individual ship
meter has not been done to date. Power supply cables /pigtails should be set on
blocks or pallets to prevent them from sitting in accumulated water.
Item 3: Currently ship manager arranges for dumpster service. MARAD HQ
had assumed (maybe incorrectly) that ARRA was already providing that
service with charges being incorporated into the per -diem rate. It is intended
that ARRA provide this service.
Item 5: Wording of this requirement is vague; however, booms do not
encapsulate the nested vessels. Booms are not set off from the vessel.
7 of 7
ALAMEDA POINT LAYBERTH INSPECION
Layberth Operator: ARRA
INSPECTION DATE (S): February 7th, 2006
ANNIVERSARY DATE: N/A
BERTH INSPECTED: Pier 1 Pier 2 1 1 Pier 3
INSPECTED BY: MARAD HQ: James Kahler
MARAD WR: Leonard LeGrappe
TRIDENT: Mike Vick
POINT OF CONTACT (S): James Kahler, (202) 366 -5072
Pier
Berth
Vessel
Position
FWD Draft
AFT Draft
Meter
3
CAPE FEAR
Inboard ""
22' 06"
34'04"
3
CAPE MOHICAN
Outboard
25' 09"
34' 04"
SECTION 4 a BERTH REQUIREMENTS and THE SUBLESSORS OBLIGATIONS
(1) Water depth shall be maintained at 32 feet for the NOAA
Datum Chart.
(2) The proposed berthing facility shall be of sound structural
design, construction, and condition to support ship mooring.
b. The Safe Working Load of all fittings on the layberth shall
be identified on the required drawings that are submitted to
the Sublessee.
(3) NIA
(4) The facility, including but not limited to the layberth and
associated structures, shall be well preserved and maintained at
all times to ensure the proper level of safety and security for
the vessel and the facility, the safe movement of the vessel and
vehicular traffic within the facility, and the cleanliness of the
layberth (e.g., free from garbage and debris).
(5) The sublessor shall maintain all timber fenders.
a. Fenders between the dock and the vessel shall be provided
to keep the vessel off non -wood portions of the dock at all
times.
(6) The dock shall meet the following minimum criteria:
a. The deck shall have a paved concrete or asphalt surface in
good condition.
1 of 7
Satisfactory
X
See note.
Unsatisfactory
Satisfactory
X
See Note.
Unsatisfactory
Satisfactory
Unsatisfactory
X
See note.
Satisfactory
X
Unsatisfactory
See note.
Satisfactory
Unsatisfactory
X
See note.
ALAMEDA POINT LAYBERTH INSPECION
Layberth Operator: ARRA
b. The dock shall be of sufficient strength and dimensions to
facilitate the movements of an HS -20 -44 truck or the
largest fire fighting vehicle, whichever is greater, to and
from the locations identified for the applicable vessel. The
width of the dock apron shall safely accommodate the two -
way passing of two HS -20 -44 trucks or the largest fire
fighting vehicle, whichever is greater
c. The dock shall support vertical live loads as follows:
Point Load (4K Forklift)
Uniform load of 425 lbs per sqft
(7) Present no obstruction, protrusion or obstacle that may prove
hazardous to the ship and /or personnel.
(8) The dock shall be located sufficiently distant from areas where
sand, grit, dust, bird droppings or other airborne or waterborne
substance could hazard the material readiness of the ships
equipment or crew safety.
(9) The Sublessor shall ensure that the layberth is protected by a
well- maintained security fence that prevents access by
unauthorized personnel. If the layberth is part of a larger
facility, there shall be a security fence separating the layberth
from the rest of the facility
a. The Sublessor and the Sublessee shall jointly design a
security fence of sufficient height and coverage that meets
the Sublessee's security requirements and 1) prevents
unauthorized personnel from getting within 100 feet of the
ship's hull, ii) prevents unauthorized access to mooring
fittings, and iii) prevents access around the fence, all in a
manner that aesthetically blends into the surrounding
developed property.
b. The fence shall have a gate of sufficient size to allow
access of the size vehicles discussed in 4.a.6). It shall have
a lock with a card key/key code access system. Card
keys /access codes will be provided to MARAD surveyors
and appropriate crewmembers and contractors as
determined by the ship manager.
2 of 7
Satisfactory
X
Unsatisfactory
Satisfactory
X
Unsatisfactory
Satisfactory
Unsatisfactory
X
Satisfactory
X
Unsatisfactory
Satisfactory
Unsatisfactory
X
Satisfactory
Unsatisfactory
X
See note.
Satisfactory
Unsatisfactory
X
See note
ALAMEDA POINT LAYBERTH INSPECION
Lavberth Operator: ARRA
c. Fences and gates shall be properly maintained at all times.
This includes, but is not limited to, ensuring that all fences,
gates, and posts are free of rust, properly painted, vertically
aligned and kept in a tear -free state (free from holes).
Signs shall be placed on the fences advising that the area
enclosed is Government property.
(10) The Sublessor shall ensure personnel and contractor access
to and security of the facility to meet the requirements set
forth below:
a. Layberth and ship access shall be available at all times
(including Sublessor provided access between nested
vessels) to facilitate training, crew boarding, cargo
handling, ship husbanding, activations, and repair
services required by the Sublessee or its contractors.
b. The Sublessee /Ship Manager reserves the right to
subcontract for ship repair and /or stevedore services of
its own choosing for the purpose of performing work
onboard, or associated with the vessel, at all times that
the vessel is moored at the facility. Said contractors
and subcontractors shall be provided with unencumbered
access to the vessel (including support vehicles)
including, but not limited to, access across any and all
labor related picket lines. The ship's crew shall be
permitted to load ship's stores and spare parts without
the assessment of stevedore's fees.
(11) The layberth and structures adjacent to the layberth shall not
present a fire hazard to the vessel(s).
(12) The Sublessor shall be responsible for, and bear all
expenses associated with ensuring that there are properly
paved and maintained access roads, (including bridges and
tunnels if applicable) within the layberth facility. At all
times during the teini of this tertiary sublease, access roads
(including bridges and tunnels) shall not present
obstructions nor restrict the safe access to the dock by
personnel and vehicular traffic including all local
firefighting vehicles and AASHTO HS 20 -44 trucks.
(13) The access roads and bridges shall have sufficient load
bearing capacity and dimensions for AASHTO standard HS
20 -44 truck traffic and the largest and heaviest local
firefighting vehicles.
3 of 7
Satisfactory
Unsatisfactory
See note.
Satisfactory
X
Unsatisfactory
Satisfactory
X
Unsatisfactory
Satisfactory
Unsatisfactory
Satisfactory
X
Unsatisfactory
Satisfactory
Unsatisfactory
X
Satisfactory
X
Unsatisfactory
ALAMEDA POINT LAYBERTH INSPECION
Layberth Operator: ARRA
(14) There shall be an adequately sized turn around area to
enable AASHTO standard HS 20 -44 trucks to turn around.
The turn- around area shall be in close proximity to the
dock apron so that such vehicles can turn around and
back up to the dock or turn around before leaving via the
access road.
(15) Provide a paved, fenced and well- maintained parking area
no closer than 100 feet to the vessel(s) as delineated in the
facility drawing provided by the Sublessor and accepted by
the Sublessee and no farther than 500 feet from the
vessel(s). There shall be at least 20 spaces for automobiles
and /or small trucks for each ship. Parking spaces shall be
clearly marked and be at least 10 feet wide and 20 feet long.
The parking spaces shall not infringe on the access
requirements as specified elsewhere herein.
(16) Road maintenance within the layberth facility shall be the
responsibility of the Sublessor. All access roads,
roadways, and layberth shall be kept clear from snow, ice,
debris, potholes and vegetation at all times.
(17) Provide lighting of at least 1.0 Foot - candles on the layberth
for its entire length and width to include the apron and all
mooring points to permit safe passage of personnel, line
handlers, etc, as well as all parking areas.
(18) Ensure that telephone communication with the facility
operator and /or manager are available to the Sublessee on a
24 -hour a day, seven -day a week basis. The Sublessor
shall maintain telecopy capability (fax machine) in support
of this requirement during normal working hours at the
place of business.
(19) Sublessor shall have a layberth security plan in compliance
with U.S. Coast Guard Captain of the Port requirements,
and have an Oil spill plan for their facility that is in
accordance with the Clean Water Act.
SECTION 4 b BERTH REOUIREMENTS
(1) Separate shore power outlets, connections and electric
company metered services for each ship (including cables
and attachment fittings approved by U.S. Coast Guard or
American Bureau of Shipping) rated to meet at least
1200A per vessel 460V/3- phase /60hz electrical
requirements to supply electric power for hotel services,
4 of 7
Satisfactory
Unsatisfactory
X
Satisfactory
Unsatisfactory
X
See note.
Satisfactory
Unsatisfactory
X
Satisfactory
X
Unsatisfactory
See note
Satis
ac
ory
Unsatisfactory
Satisfactory
Unsatisfactory
Satisfactory
Unsatisfactory
See note
ALAMEDA POINT LAYBERTH INSPECION
Lavberth Operator: ARRA
lighting, machinery tests, dehumidification equipment and
cathodic protection. Electric service shall provide circuit
breakers equipped with short circuit and overload protection
on all three phases, and when using single conductor cables,
they must be of the same length, new or in good condition.
Electric power service will be arranged between the
Sublessee, General Service Administration and local utility.
Electric power bills will be paid directly by the Sublessee to
the utility.
(2) Three telephone lines for each ship (including cables,
attachment fittings, jack, and phones) shall be provided.
Initial activation and ongoing service charges for the three
lines shall be paid for by the Ship Manager /General Agent.
Any additional lines requested by the Ship
Manager /General Agent will be at their expense.
(3)
An industrial size dumpster (minimum size shall be 4.0
cubic yards), shall be located within 100 feet of the
gangway base of each ship.
(4) Layberth potable water service with demonstrated pressure
maintained at minimum of 40 PSI via a minimum of a two
and one -half inch (21/4 inch) line capable of a minimum
requirement of 200,000 gallons per day (g.p.d.), as well as
sewage.
(5)
Oil booms to support containment of oil spills. The
existing oil booms are to be maintained and replaced as
necessary to support RRF operations. Cleaning the oil
booms is not required as part of maintaining the oil booms.
SECTION 5 REIMBURSABLE SERVICES
(1)
Reimbursable services agreed to by the Sublessee shall be
paid by the Sublessor and reimbursed by the Sublessee.
(2) Water and sewage cost will be reimbursed by the
Sublessee strictly based on the percentage of the metered
water and sewage usage of the Sublessee as compared to
the overall usage of water and sewage, multiplied by the
invoiced cost to the Sublessor for the overall water and
sewage usage.
5 of 7
Satisfactory
Unsatisfactory
Satisfactory
Unsatisfactory
Satisfactory
Unsatisfactory
Satisfactory
Unsatisfactory
Satisfactory
Unsatisfactory
Satisfactory
Unsatisfactory
ALAMEDA POINT LAYBERTH INSPECION
Layberth Operator: ARRA
(3) Trash removal will be reimbursed by the Sublessee
arranged between the Sublessee and the layberth Sublessor
COMMENTS
Satisfactory
Unsatisfactory
Section 4a; Item 1: Dredging has been completed with the channel at 32' with
the exception off a few spots. These high points are to be lowered during the
maintenance dredging performed Fall 2006.
Item 2b: Drawings showing safe working load of all fittings needs to be
provided.
Item 4: There is some large debris on the end of the pier form a dismantled
paint float that should be removed. Trident is in the process of having it
removed. There is unused ships equipment on the pier. Placement of trash cans
around the berth may help prevent litter.
Item 5: At approximately the 580' mark, there are three broken fender piles, at
the 700' mark several fender piles have been snapped off. Significant wear on
fender piles. From the 1050 foot mark to the end of the pier fender piles are
crushed.
Item 6: A few areas on the south side of the pier have previous concrete
patching that has come loose or is missing. There are other areas that need to
be patched between the 1170' — 1250' marks.
Item 9: Pier 3 is shared with a commercial company; there is a gated fence
near the head of the pier and a fence running down the center of the pier
separating the two entities.
Item 9a: The location of the gate at approximately the 200' mark does not
protect against unauthorized access to the mooring hardware and the berth from
the 00' to 200' mark.
Item 9b: The gate is of sufficient size to allow truck access; however, there is
no card /code key locking mechanism.
Item 9c: Gate /fence has bent end post, wire supports damage, wire strands are
loose and bowed downward, end panel is bent.
Item 15: Current parking areas are not fenced. Proposed fencing plan will
address this issue.
Item 17: Lighting has not been checked with a light meter, but there are cluster
lights on the pier and in parking areas.
6 of 7
ALAMEDA POINT LAYBERTH INSPECION
Layberth Operator: ARRA
Section 4b; Item 1: Pier 3 has completed the electrical upgrade. Each vessel is
independently metered with an additional designated "contractor use" meter.
Power cables are placed on pallets to keep them out of standing water.
Item 3: Currently ship manager arranges for dumpster service. MARAD HQ
had assumed (maybe incorrectly) that ARRA was already providing that
service with charges being incorporated into the per -diem rate. It is intended
that ARRA provide this service.
Item 5: Wording of this requirement is vague; however, booms do not
encapsulate the nested vessels. Booms are not set off from the vessel.
7 of 7
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V32,ftf,3.31;4,0)32)0)30 181.3
Exhibit G - Alameda Per & Warehouse Payment Schedules - 1 FEB 2006 Version (12- 12 -05)
Technical Requirements and Reimbursable Services —
I. INTRODUCTION AND BACKGROUND
The Maritime Administration (MARAD) requires real property for the exclusive long -term safe layberthing
for RRF vessels on the California Coast. Although the layberths are intended for the vessels identified in
this sublease. the Sublessee may substitute vessels of a similar size or smaller. A Memorandum of
Agreement (MOA) between the Department of the Defense (DoD) and the Department of Transportation
(DOT) establishes that, in consideration of the National Defense and the American Merchant Marine. a
mutual interest and responsibility exists for the joint establishment, maintenance and control of a Ready
Reserve Force (RRF), which is an element of the National Defense Reserve Fleet (NDRF). The ships of
the RRF are maintained by MARAD in various states of readiness to meet common user it requirements
of the armed services in a contingency. The RRF consists of 59 vessels as of October I. 2004.
2. DEFINITIONS
Apron: An area adjacent to and extending the length of the berth used for vehicle passage, material
staging. parking of vehicles engaged in maintenance, repair, delivery of parts. etc.
Berth: Any designated place where a vessel is secured including the dock and slip. usually indicated by a
code or name.
Dock: The structure located within the layberth facility having the mooring hardware for vessels,
synonymous with pier and wharf.
Lavberth: A berth used by a vessel for an extended period of time.
Ramp: The primary vehicular access way onto a RO /RO vessel that is characterized by the location of
entry (stern ramp /side -port ramp).
Slip: The water area of the layberth adjacent to the dock where the vessel is maneuvered during arrivals
and departures.
Ship Manaeer'General Agent: The MARAD contractor for a designated group of RRF vessels that is
responsible for ship operation, maintenance, and activation readiness.
Vertical live loads: These are items moving or being caused to move over the dock.
Water level: The height of water above or below the datum reference point as predicted by local tide tables
and affected by seasonal flooding or drought,
Working Area: The area of a dock adjacent to vessel to be used for deliveries, staging gear. and vehicle
access.
3. STATUS OF VESSELS
a. RRF vessels will normally be maintained in an idle status and will remain at the layberth site in all
weather conditions. except to participate in a military exercise /operation. to conduct some repairs.
or comply with periodic regulatory requirements. Ship activations and dock trials are expected to
be conducted at the layberth.
b. RRF vessels may have a Reduced Operating Status (ROS) crew onboard.
c. The shipboard fire fighting system may be inoperable.
d. The cathodic protection systems may be energized.
I-11 o f 1-15
Technical Requirements and Reimbursable Services — Exhibit H
e. Interior house and engineering spaces may be dehumidified with ship's equipment.
f. The mooring equipment will remain in operating condition. Mooring lines and wires will be
provided by the Sublessee or the Sublessee's Ship Manager'General Agent for each vessel.
g. The vessels may be used for cargo handling, training and for other training purposes.
4. BERTH REQUIREMENTS AND THE SUBLESSORS OBLIGATIONS
The layberth Sublessor shall bear all costs associated with obtaining and maintaining an
accep • : • as s••cifically identified. Some items are identified for emphasis
only. An acceptable safe layberth shall meet the following minimum criteria and technical
features:
1) Water depth shall be maintained at 32 feet for the NOAA chart datum. If the performance of
normal maintenance to the layberth requires temporary movement of the vessel from the
subject layberth, the Sublessor shall bear all expenses incurred in moving the vessel including
but not limited to tugs, pilotage and temporary layberth costs. Any temporary layberth used
shall meet all the requirements of this sublease. Should the Sublessor be unable to offer an
acceptable substitute layberth during such a maintenance period, the Sublessee reserves the
right to acquire and move the vessel to a temporary layberth of its choice at the Sublessor's
expense or to terminate the sublease for default.
2) The proposed berthing facility shall be of sound structural design, construction and condition
to support ship mooring.
a) The current configuration of mooring line fittings (bollards, bitts, cleats, etc.) shall be
maintained to meet designed Safe Working Loads.
b) The Safe Working Load of all fittings on the layberth shall be identified on the required
drawings that are submitted to the Sublessee.
3) (Left Intentionally Blank)
4) The facility, including but not limited to the layberth and associated structures, shall be well
preserved and maintained at all times to ensure the proper level of safety and security for the
vessel and the facility, the safe movement of the vessel and vehicular traffic within the
facility, and the cleanliness of the layberth (e.g., free from garbage and debris).
5) The Sublessor shall maintain all timber fenders.
a) Fenders between the dock and the vessel shall be provided to keep the vessel off non -
wood portions (e.g., wood, metal, concrete) of the dock face at all times. No hull contact
with non -wood surfaces is acceptable.
b) After the vessel(s) arrives at the berth, the Sublessee will inspect to ensure proper
Tendering.
6) The dock shall meet the following minimum criteria:
a) The deck shall have a paved concrete or asphalt surface in good condition.
b) The dock shall be of sufficient strength and dimensions to facilitate the movements of an
HS 20 -44 truck or the largest local fire fighting vehicle, whichever is greater. to and from
the locations identified for the applicable vessel. The width of dock apron shall safely
H2 of H5
Technical Requirements and Reimbursable Services —Exhibit H
accommodate the two -way passing of two HS 20 -44 trucks or fire fighting vehicles
whichever is greater.
c) The dock shall safely support vertical live loads as follows:
(i) The dock shall support a point -load characterized by a small tire warehouse forklift
with 4,000 -lb load.
(ii) Support uniform loading of 425 lbs. per square foot in all areas, including areas
where the ramps will land.
(iii) The dock shall support truck loading to include the heaviest local fire fighting
vehicle used in fire fighting efforts and American Association of State F-Iighways and
Transportation Officials (AASHTO) standard HS 20 -44 truck. Standard HS 20 -44
can be found in the Standard Specification for Highway Bridges and is available at
the following address:
AASHTO
444 N. Capitol St., N.W.
Suite 225
Washington, D.C. 20001
(202) 624 -5800
7) Present no obstruction, protrusion or obstacle that may prove hazardous to the ship andor
personnel.
8) The dock shall be located sufficiently distant from areas where sand, grit, dust, bird droppings
or other airborne or waterborne substances could hazard the material readiness of the ship's
equipment or crew safety. If foreign material is deposited on these vessels, the Sublessor
shall be responsible for the cost of cleaning the vessel to the satisfaction of the Sublessee.
Persistent deposits of foreign material are cause for termination of this sublease by default.
9) The Sublessor shall ensure that the Iayberth is protected by a well - maintained security fence
that prevents access by unauthorized personnel. If the Iayberth is part of a larger facility,
there shall be a security fence separating the layberth from the rest of the facility.
a). The Sublessor and the Sublessee shall jointly design a security fence of sufficient height
and coverage that meets the Sublessee's security requirements and i) prevents
unauthorized personnel from getting within 100 feet of the ships' hulls, ii) prevents
unauthorized access to mooring finings, and iii) prevents access around the fence, all in a
manner that aesthetically blends into the surrounding developed property."
b). The fence shall have a gate of sufficient size to allow access of the size vehicles
discussed in 4.a.6). It shall have a lock with a card key /key code access system. Card
keys /access codes will be provided to MARAD surveyors and appropriate crewmembers
and contractors as determined by the ship manager.
c.) Fences and gates shall be properly maintained at all times. This includes, but is not
limited to, ensuring that all fences, gates, and posts are free of rust, properly painted.
vertically aligned and kept in a tear -free state (free from holes). Signs shall be placed on
the fences advising that the area enclosed is Government property.
10) The Sublessor shall ensure personnel and contractor access to and security of the facility to
meet the requirements set forth below:
H3 of HS
.1544-0g5 7-39N-1 I
Technical Requirements and Reimbursable Services — Exhibit 11
a) Layberth and ship access shall be available at all times (including Sublessor provided
access between nested vessels) to facilitate training, crew boarding, cargo handling. ship
husbanding, activations. and repair services required by the Sublessee or its contractors.
b) The Sublessee /Ship Manager reserves the right to subcontract for ship repair and /or
stevedore services of its own choosing for the purpose of performing work onboard. or
associated with the vessel, at all times that the vessel is moored at the facility. Said
contractors and subcontractors shall be provided with unencumbered access to the vessel
(including support vehicles) including. but not limited to, access across any and all labor
related picket lines. The ship's crew shall be permitted to load ship's stores and spare
parts without the assessment of stevedore's fees.
11) The lavberth and structures adjacent to the layberth shall not present a fire hazard to the
vessel(s).
12) The Sublessor shall be responsible for, and bear all expenses associated with ensuring that
there are properly paved and maintained access roads, (including bridges and tunnels if
applicable) within the layberth facility. At all times during the term of this sublease, access
roads (including bridges and tunnels) shall not present obstructions nor restrict the safe access
to the dock by personnel and vehicular traffic including all local firefighting vehicles and
AASHTO HS 20 -44 trucks.
13) The access roads and bridges shall have sufficient Toad bearing capacity and dimensions for
AASHTO standard HS 20 -44 truck traffic and the largest and heaviest local firefighting
vehicles.
14) There shall be an adequately sized turn around area to enable AASFTtO standard HS 20 -44
trucks to turn around. The turn- around area shall be in close proximity to the dock apron so
that such vehicles can turn around and back up to the dock or turn around before leaving via
the access road.
15) Provide paved, fenced and well maintained parking areas as delineated in the facility drawing
attached at Exhibit D.
16) Road maintenance within the layberth facility shall be the responsibility of the Sublessor. All
access roads, roadways. and layberth shall be kept clear from snow, ice, debris. potholes and
vegetation at all times.
17) Provide lighting of at least 1.0 Foot - candles on the layberth for its entire length and width to
include the apron and all mooring points to permit safe passage of personnel. line handlers.
etc. as well as all parking areas.
18) Ensure that telephone communication with the facility operator and/or manager are available
to the Sublessee on a 24 -hour a day, seven -day a week basis. The Sublessor shall maintain
telecopier capability (fax machine) in support of this requirement during normal ■vorking
hours at the place of business.
19) Sublessor shall have a layberth security plan in compliance with U.S. Coast Guard Captain of
the Port requirements, and have an Oil spill plan for their facility that is in accordance with
the Clean Water Act.
The following equipment and services shall be provided and maintained by the Sublessor at the
layberth:
1) Separate shore power outlets, connections and electric company metered services fbr each
ship (including cables and attachment fittings approved by U.S. Coast Guard or American
H4 of H5
Technical Requirements and Reimbursable Services — Exhibit H
Bureau of Shipping) rated to meet at least 1200A per vessel 460V /3- phase60hz electrical
requirements to supply electric power for hotel services, lighting, machinery tests,
dehumidification equipment and cathodic protection. Electric service shall provide circuit
breakers equipped with short circuit and overload protection on all three phases, and when
using single conductor cables, they must be of the same length, new or in good condition.
Electric power service will be arranged between the Sublessee. General Service
Administration and local utility. Electric power bills will be paid directly by the Sublessee to
the utility.
2) Three telephone lines for each ship (including cables, attachment fittings. jack, and phones) }
shall be provided. Initial activation and ongoing service charges for the three lines shall be
paid for by the Ship Manager /General Agent. Any additional lines requested by the Ship
Manager /General Agent will be at their expense.
3) An industrial size dumpster (minimum size shall be 4.0 cubic yards), shall he located within
100 feet of the gangway base ()leach ship.
4) Layberth potable water service with demonstrated pressure maintained at minimum 0140 PSI
via a minimum f a two and one -half inch (21/4 inch) line capable of a minimum requirement
of 200,000 gallons per day (g.p.d.), as well as sewage.
5) Oil booms to support containment of oil spills. The existing oil booms are to be maintained
and replaced as necessary to support RRF operations. Cleaning the oil booms is not required
as part of maintaining the oil booms.
c. I) Immediately following the execution of the Long -Term Sublease, the Sublessor and Sublessee
shall jointly inspect the facilities and document the condition of the premises and their
compliance with the requirements of the Sublease and these Technical Requirements. The
Parties shall jointly prepare a list of items that must be addressed by Sublessor ("List of
Deficiencies "). Sublessor shall, within four (4) months of the date of receiving a copy of the
List of Deficiencies, correct such deficiencies or otherwise resolve each such deficiency in a
manner satisfactory to the Sublessee. ‘7
2) In the event performance by Sublessor is impossible with respect to remedying the List of�` t
Deficiencies, Sublessee may undertake to remedy such deficiencies and offset costs incurred j
by Sublessee against the monthly lease amounts due and owing to Sublessor.
5. REIMBURSABLE SERVICES
a. Reimbursable services agreed to by the Sublessee shall be paid by the Sublessor and reimbursed
by the Sublessee.
b. Water and sewage cost will be reimbursed by the Sublessee strictly based on the percentage of the
metered water and sewage usage of the Sublessee as compared to the overall usage of water and 7
sewage, multiplied by the invoiced cost to the Sublessor for the overall water and sewage usage. •
c. Trash removal will be reimbursed by the Sublessee as arranged between the Sublessee and Ole
lavberth Sublessor.
Tli of H5
So/SUEO Pasmo21
Annual Maintenance Cost Summary-Rev2
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Assumes 5% Contaminated - Montezuma Disposal
Dragging Operation
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Dragging Operation
Dragging Operation
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Dragging Operation
Dragging Operation II
Notes/Comments
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Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
April 5, 2006
To: Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
From: Debra Kurita
Executive Director
Re: ARRA Budget Transition Planning Workshop
Background
Last year staff outlined many of the significant challenges that lie ahead for the ARRA budget
and also for the General Fund.
For the ARRA budget, those challenges were specifically related to transition planning reflecting
two alternative events:
1. Alameda Point Community Partners (APCP) exercising its option to proceed with
development of Alameda Point. APCP's decision whether or not to proceed with the
development process was to occur in June 2005, or
2. The decision of APCP not to proceed in June 2005, and the alternative activity that would be
required to develop an alternative development path for Alameda Point.
One year later, these decision milestones are still unresolved and therefore still need to be
considered when examining the ARRA's future fiscal plan.
Discussion
Last year, it was expected that if APCP elected to proceed, then the ARRA would begin to
transition activities based upon concurrently processing development entitlements and
negotiating a Disposition and Development Agreement with APCP. It was expected that the
entitlement process and DDA negotiations would last 18 months and conclude in December
2006. It was anticipated that as of January 2007, consistent with the teluis of the negotiations,
the ARRA would begin conveyance of land at Alameda Point, and APCP would assume most, if
not all, of the activities currently performed by ARRA /City staff at Alameda Point. These
activities include property management, leasing, grounds care, planning, etc. The approved
budget was based upon those changes in the ARRA operations as well as the impacts to the
General Fund.
Dedicated to Excellence, Co,mnitted to Service
Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
April 5, 2006
Page 2
In the event that APCP elected not to proceed, ARRA staff would need to develop an alternative
development path that could involve seeking out another developer and beginning a new
negotiation process.
Because of the delay in conveyance of property from the Navy, the enclosed budget is a
combination of events one and two. The delay has resulted in another full fiscal year of ARRA
revenue and expenditures (FY 06/07), as well as an opportunity to increase revenue to be used
for municipal service mitigation. As previously proposed, with an election to proceed, the FY
06/07 fund balance became the fiscal mitigation fund to offset the transition of lease revenues to
APCP and mitigate for services during the entitlement months prior to the actual development at
Alameda Point. With the budget presented, the FY 07/08 fund balance would be used to mitigate
the impact of the loss revenue from the ARRA to the General Fund until redevelopment of
Alameda Point begins generating revenue.
Fiscal Impact
The proposed budget anticipates approximately $9,015,808 in new revenue, a projected
beginning fund balance of $5,108,526 and $10,907,990 in expenditures. If at the end of FY
06/07, the ARRA enters into a DDA with the developer, the projected municipal service
mitigation will be $3,216,344. All of these numbers exclude MARAD revenue and
expenditures.
Recommendation
The Executive Director recommends no action at this time. This is an informational workshop.
The ARRA budget will be approved as part of the City's overall budget.
LAL:dc
Respectf ly submitted,
Leslie Little
Development Services Director
Attachments: ARRA Projected Revenue/Expense Summary Budget 2004 - 2017- Partially
Mitigated (Approved last year)
ARRA Projected Revenue/Expense Summary Budget 2005 -2017
Interim Leasing Status Report
Dedicated to Excellence, Conzmitted to Service
continued on page 2
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Total Expenditures $133,402,877
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ARRA Lease Revenue Cash Flow (2005 -2017)
INTERIM LEASING STATUS REPORT
Alameda Reuse and Redevelopment Authority
Signed Leases
Tenant
Building
Number
Lease /License
Expiration Date
Area (Sq. Ft.)
Alameda Power & Telecom
2
6/30/11
10,000
Vacant
2
61,000
Various Tenants
7
7/31/02
15,550
GRM
9
5/31/08
80,000
Vacant
a
5,000
Antiques by the Bay
13
9/30/06
4,000
Michael Johnson
13
9/30/06
12,000
The ReUse People
13
11/30/06
14,900
Navigator Systems
14
8/31/09
31,394
Auctions by the Bay
18
12/31/06
17,00o
Edge Innovations
20
1/14/08
66,600
St. George Spirits
21
4/30/14
65,000
Creative Technology
22
6/30/09
66,000
West Coast Novelty
23
4/30/10
65,000
Area 51 Productions
a4
2/28/08
40.000
Coach Specialties
24
9/30/06
26,927
Auctions by the Bay
25
Month to Month
54,450
Rosenblum Cellars
29
8/31/09
16,810
Vacant
32
7,30o
Delphi Production
39
4/1/08
106,000
Bladium
40
6/30/10
104,000
Pacific Fine Food
42
10/31/08
2,969
Building 43 & Associates
43
8/31/08
10,500
Woodmasters
44
8/31/08
4,941
City of Alameda
6o
8/31/07
29,55o
Nelson's Marine
66
2/28/09
28,542
Puglia Engineering
67
7/31/06
14,000
City of Alameda
76 & 134
10/31/05
58,450
Alameda Naval Air Museum
17
4/14/05
21,136
Cameron Cole
90
12/31/06
4,500
Vacant
91
42,132
Alameda Point Collaborative
92
1/31/12
89.00o
Conmar, Inc.
98
9/30/06
8.20o
HESCO
113
Month to Month
13,115
Vacant
115
2,968
Delphi Production
118
3/11/05
30,00o
Vacant
119
4,700
Alameda Power & Telecom
162
5/31/07
51,000
Cybertran International
163
Month to Month
10,000
Power Engineering
166
5/14/10
47.000
Nelson's Marine
167
2/28/15
55,400
MARAD
168
Month to Month
117,419
General Services Admin.
169
4/30/09
86,300
Tenant
Building
Number
Lease /License
Expiration Date
Area (Sq. Ft.)
Vacant
170
40,000
Bay Ship & Yacht
292
7/31/07
2,700
Container Storage
338
5/31/10
42,00o
JetSMART Aerospace
398
Month to Month
27,570
Bay Ship & Yacht
400A
1/12/07
40,000
Antiques by the Bay
459
12/31/07
5,684
Vacant
459
5,816
Vacant
517
8,208
Auctions by the Bay
525
12/31/06
23,208
Apelon
527
12/31/07
6,000
Community Bible Church
564
Month to Month
8,600
Alternatives in Action (Home)
585
6/15/10
10,550
Container Storage
608
5/31/10
8.213
Marine Sanitation Services
611
7/14/06
1,000
Jim Bustos Plumbing
612
7/31/07
4.000
Emergency Services Network
613
Month to Month
4.600
Foss Environmental /NRC
616
4/30/07
1,800
Richard Miller Photography
621
7/31/06
5,770
Nextel Communications
624
9/30/07
200
Alameda Point Storage
Land
Month to Month
130,680
Cingular Wireless
Land
Month to Month
200
MARAD Piers
Land
Month to Month
Tristar Express
Lot 393
12/31/06
53,280
AC Hornet
Piers
4/14/03
Nelson's Marine Piers
Piers
2/28/10
2,000
INTERIM LEASING STATUS REPORT
Alameda Reuse and Redevelopment Authority
Signed Licenses
I Tenant
Building
Number
License Duration
Area (Sq. Ft.)
Alameda Civic Light Opera
35
6/1/05 - 12/31/06
2,761
JetSMART Aerospace
398
Month to Month
27,570
Antiques by the Bay
405
Month to Month
4,880
AC Hornet
Piers
12/1/05 - 6/30/06
Porsche Club
Taxiway H
3/11/06 - 10/28/06
Driving Dynamics
Taxiway H
4/6/06
Turnkey Productions
Taxiway H
Month to Month
Antiques by the Bay
Taxiway H
Month to Month
Mythbustcrs
NWT"
6/13/05 - 6/12/06
Total
32,450
*Northwest Territory
1
Confidential
INTERIM LEASING STATUS REPORT
Alameda Reuse and Redevelopment Authority
Prospective Leases and Licenses
Tenant
Building Number
Area (Sq.
Ft.)
Notes
Pacific Maritime Assoc.
NWT
10 Acres
Lease
1
Hesco
113
82,870
Lease
5,000
35.000
Confidential
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