citycouncil_10-13-10

CITY OF NEWPORTDOCKET OF THE COUNCIL

The following items of business, filed with the City Clerk under the Rules oftheCouncil, will come before the Council at its regular meeting to be held onOctober 13, at 6:30 p.m.

PLEDGE OF ALLEGIANCE TO THE FLAG

CITIZEN'S FORUM: (Speakers must sign in with the City Clerk). The Citizen'sForum period shall be no longer than fifteen minutes and citizens may address theCouncil on one subject only and for no longer than three minutes. Issues to bediscussed shall not include matters to be considered or discussed as part of the regularcouncil agenda and must be related to substantive city business. No commentsregarding personnel or job performance are allowed.

1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETYUNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTEDSUBJECT TO COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)

a. Minutes ofthe Council Meetings held September 15 and 29,2010(Approve)

b. Special Event Licenses:

1) ISES RI, d/b/a Halloween Bash 2010; Belcourt Castle, 657Bellevue Ave., October 30,2010, from 7:30 p.m. to Midnight

2) Salve Regina University Theatre Arts; d/b/a Stanford WhiteTheatre, Freebody Street (annual Entertainment License ispending):

It is the practice ofthe Council to meet at 6:20 p.m. in the second-floor Conference Room to discuss docket items. Thepublic is invited to attend. The docket, along with all supporting documents, can be viewed on the City of Newportwebsite: www.cityofnewpOlt.com- ..CurrentNewportCityNews & Announcements" - Click on "MORE NEWS."Council Meetings can be viewed on Cox Cable, Channel 18; check local listings for dates and times. A DVD of theCouncil Meeting will be available t the Newport Public Library within 438 hours of the meeting.

LIVE VIDEO CONFERENCING OF COUNCIL MEETINGS AND WORKSHOPS WILL BE AVAILABLE AT THENEWPORT POLICE STATION, WHICH IS ACCESSIBLE AND MEETS ADA REQUIREMENTS, BASED UPONNOTIFICATION TO THE CITY MANAGER'S OFFICE (845-5429) A MINIMUM OF 48 HOURS IN ADVANCEOF THE MEETING. INDIVIDUALS REQUIRING INTERPRETER OR OTHER ACCOMMODATIONS MUSTALSO NOTIFY THE CITY MANAGER'S OFFICE 48 HOURS IN ADVANCE OF THE MEETING.

DOCKET OF THE COUNCILOctober 13, 2010

a) "Peter and the Wolf; October 15 and 16,2010, from 8:00a.m. to Midnight

b) Chamber Night; October 18, 2010, from 8:00 a.m. toMidnight

c) Arts & Cultural Society Mixer; October 19,2010, from 8:00a.m. to Midnight

d) RI Historical Society, Rhody Awards Night; October 21,2010, from 8:00 a.m. to Midnight.

e) Murder Mystery; October 22,2010, from 8:00 a.m. toMidnight

3) Liz Souza, d/b/a Psychic Fair; Elks Lodge, 141 Pelham St.,October 16,2010, from 12 Noon to 5:00 p.m. and from 7:30 p.m. to9:30 p.m.

4) Liz Souza, d/b/a Halloween Costume Party; Elks Lodge, 141Pelham St., October 30, 2010, from 7:00 p.m. to Midnight

c. Drain Layer License, Renewal, Peckham Brothers Company, Inc., d/b/aPeckham Brothers Company, 220 Paradise Ave., Middletown, RI

d. Holiday Selling License, New, Brainwaves Toy Shop, Inc., d/b/aBrainwaves Toy Shop, 8 Bowen's Wharf

e. Communication from Governor Donald L. Carderi, re: Award ofCommunity Development Block Grant in the amount of$401,250.(Receive)

f. RI Department of Environmental Management Notice, re: Application ofNaval Station Newport for a Water Quality Certification to replace metalpipe culverts -Gate 2 Culvert (Bridge), Third St. Extension (Receive)

g. RI Department ofEnvironmental Management Notice, Application ofNewport Country Club for a Water Quality Certification to perform amarsh restoration project. (Receive)

h. Communication from RI Division ofPublic Utilities & Carriers, MotorCarriers Section, re: public hearing regarding request ofNewportravel,LLC, to amend start time of its Jitney tour services (Receive)

DOCKET OF THE COUNCILOctober 13, 20 I0

LICENSES AND PERMITS

2. Annual Entertainment License, Class A (indoors), Farahnaz Shobeiri, d/b/aGenie's Hookah Lounge, 547 Thames St. (Second Hearing)• Letters of Objection:

a) Benjamin C. Riggs, 15D Harrington St.b) Mary and Martin Jacobsonc) Paul and Cathy McCarthy

3. Annual Victualing License Renewals - Non-liquor Establishments (listed at endofthe docket)

4. Annual Victualing License Renewals - Non- Liquor Establishments withExtended Hours (listed at the end of docket)

5. Annual Victualing License Renewals - Liquor Establishmentsa) 41 0 North, LLC, d/b/a 41 0 North, 351 Thames St., 14,16,20 Perry Mill Wharfb) Ancient Order of Hibemians, d/b/a Ancient Order of Hibernians Division #1, 2

Wellington Ave.c) Belle Mer, Inc., d/b/a Belle Mer, 2 Goat Islandd) Marina Cafe, LLC, d/b/a Marina Cafe, 3 Marina Plazae) Newport Time Resorts, Inc, d/b/a Oceancliff, 65 Ridge Roadf) Goat Island Grille, Inc., d/b/a The Regatta Place, 5 Goat Island

6. Annual Victualing License Renewals - Liquor Establishments (listed at the endof docket)

7. Victualing License, New, J & A Tokyo House, LLC, d/b/a Newport TokyoHouse Sushi & Hibachi, 8-10 Equality Park Place (in conjunction with transferof ownership of liquor license)

8. APPOINTMENTS TO BOARDS AND COMMISSIONS

Energy & Environment Commission (1 vacancy) - Applicant: George Blake

RESOLUTIONS

9. In Support of Question #4 on the November 2,2010, Ballot --Open Space andRecreation Bond Referendum, which includes $1.5 Million for Phase I of theFort Adams Master Plan - Newport City Council


ORDINANCES

10. Amending Chapter 12.32 of the Codified Ordinances, entitled, "Park andRecreation Areas," adding Section 12.32.051, "Ballard Park-Regulations" toprohibit rock climbing in Ballard Park (First Reading)

COMMUNICATIONS FROM THE CITY MANAGER

11. Communication #4761/1 0, re: Energy Conservation Program - BellevueAvenue Decorative Streetlights (with accompanying resolution)

12. Communication #4762/10, re: Bid Award for Martin Recreation Center GymFloor Renovations (with accompanying resolution)

13. Communication #4763/10, re: Newport County Fund - "Common Ground"Grant Application: Expand Healthy Communities Demonstration Grant Project(with accompanying resolution)

14. Communication #4764/10, re: CSO Stakeholders Workgroup

15. Communication #4765/10, re: Bid Award for Thames Street Sanitary SewerInterceptor Rehabilitation (with accompanying resolution)

16. Communication #4766/10, re: Amendment # 2 to Contract #10-008 EngineeringServices for Thames Street and Wellington Avenue Sanitary SewerImprovements (with accompanying resolution)

RECESS AS COUNCIL AND CONVENE AS BOARD OF LICENSECOMMISSIONERS

DOCKET OF THE COUNCILOctober 13, 2010PageS

BOARD OF LICENSE COMMISSIONERS


1. Annual Liquor License Renewals (Hearing) :DBA OwnershipClass A

DBA S# DBA Street

RumRunner

Class BT41 Degrees North

Oceancliff

IDC Rum Runner, Inc. 5 Marina Plaza Unit B

Forty I North, LLC 351 Thames 14, 16,20 Perry Mill Whf

Newport Time Resorts, Inc. 65 Ridge Road

Class BV

Belle MerMarina CafeRegatta Place, The

Class DAncient Order ofHiberniansColumbus Club

Belle Mer, Inc.Marina Cafe, LLCGoat Island Grille, Inc.

Ancient Order ofHibernians Division #IColumbus Club ofNewport RI, Inc.

2Goat Island3Marina Plaza5 Goat Island

2 Wellington Ave.60 Halsey St.

2. Annual Liquor License Renewals (Hearing) (Listed at end of docket)

3. Application ofNewport Tokyo House Sushi & Hibachi, Inc., 6-10 Equality ParkPlace, to transfer its Class BL alcoholic beverage license to J & A Tokyo House,LLC, d/b/a Newport Tokyo House Sushi & Hibachi, for the same premises.(Hearing)

ADJOURN AS BOARD OF LICENSE COMMISSIONERS AND RECONVENE ASCOUNCIL AND, BASED UPON AN AFFIRMATIVE VOTE, ADJOURN TOEXECUTIVE SESSION 1M THE CONFERENCE ROOM, PURSUANT TO RIGENERAL LAWS, SECTION 42-46-1, AND IN ACCORDANCE WITH SECTION42-46-5, PURPOSES FOR WHICH MEETINGS MAY BE CLOSED, PARAGRAPH(a) (5), AS MANEDED, TO DISCUSS THE DISPOSITION OR ACQUISITION OFPUBLICLY HELD LAND. SPECIFICALLY, THE COUNCIL WILL DISCUSS THEBRAC PROCESS FOR DISPOSITION OF THE NAVY HOSPITAL LAND.

Kathleen M. SilviaCity Clerk

October 6, 2010


Victualing Renewals 20 I0DBA Ownership DBA S#

Non-LiquorDBA Street

7-Eleven #238807-Eleven 25854-D7-Eleven 32508 BA Little CareA Little Care Two GoA Market NewportA-I Pizza

Aloha CareAsh MartBagel BoysBambooBelle'sBen & Jerry'sBen & Jerry'sBen's Chili Dogs

Bishop's 4th Street DinerBliss Natural Grocer and Cafe

Blue Rocks Catering

Care BellevueCanteen @ CCRI NewportChina Star IIICilantro Mexican GrillCoffee Grinder, TheColonial Restaurant

Cookie Jar CompanyCorner Cafe, The

Cumberland Farms # I I50Cupcake Charlie'sDunkin DonutsDunkin Donuts

Dunkin DonutsDunkin DonutsEmpIre Tea & CorreeEspresso Yourself Cafe

Firehouse PizzaFive Guys BurgersFranklin Spa

Goodie's by the Sea

Handy LunchHooley BoardroomHungry Monkey, TheHurricane Hut

It's My Party Bake ShoppeJD ConvenienceJonathan's Ocean Coffee Roasters

Juicy Cheesey Burger & Hot Dog

K & K Food MartKatrina's BakeryKC'S Care Inc.Kilwin's Chocolates & Ice Cream

Muhammad Tariq Rashid

Muhamad Tariq Rashid

Kashif Siddiqui

A Little Cafe, LLC

Kelle O'Connor

Nutrition House Inc.

Carrissalex, Inc.

Seamen's Church Institute

Ash Mart Inc

Bagel Bam, Inc.

Bamboo Restaurant Inc.

American Shipyard Co., LLC aka Newport Shipyard

Dockside Scoops, LLC

Dockside Scoops, LLC

Ben's Chili Dogs, LLC

Bishops 4th Street Diner, Inc.

Bliss Natural Grocer and Cafe, Inc.

Blue Rocks Catering, LLC

Sharon Goetz

Compass Two LLC 16613

Bao Jian Chen

CMG Newport, LLC

Clarke Cooke, Inc.

Ducket's, Inc.

Cookie Jar Co, The

FitzSimoes LLC

Cumberland Fanns, Inc.

Cupcake Charlie's, LLC

Broadway Donuts, Inc.

Aquidneck Donuts, Inc.


TECS Donuts Inc

Newport Bubble Tea LLC

Vienna Coffee Company

H VR,Inc.Ocean State Five, LLC

Franklin Spa, Inc.

Goodie's by the Sea, LLC

Gary Hooks

Hooley Worldwide Inc.

Monkey Business, LLC

David Kilroy

Amanda Bryan

Shivam, Inc.

JNRLLC

Thames Street Burger, Inc.

Abdul-Qudoos Khan

Katrina's, Inc.

KC'S Cafe Inc.

Sailor's Sweet Tooth, Inc, The

29 Memorial Blvd

135 JT Connell Hgwy.95 Broadway

27 Connell Hgwy.

23 Americas Cup Ave.

181 Bellevue Ave.

306 Broadway

18 Market SQ

2 Carroll Ave.

178 Connell Hgwy.

163 Connell Hgwy.

I Washington S1.

359 Thames St., Unit C

33 Bannister's Wharf

158 Broadway

184 Admiral Kalbfus Rd.

311 Broadway

7 Carroll Ave.

111 Bellevue Ave.

1 John H. Chafee Blvd.

110 William St.163 Connell Hgwy.


175 Memorial Blvd.

29 Bowen's Wharf

110 Broadway #3A

125 Broadway

135 Swinburne Row

137 Broadway

7 Memorial Blvd.

194 Connell Hgwy.

199 Connell Hgwy.

22 Broadway

337 Thames S1.

595 Thames S1.199 Connell Hwy Unit 14

229 Spring S1.

22 Long Wharf Mall South

460 Thames S1.

1 Casino Ter.

124 Broadway

31 Bowen's Wharf

84 William Street

202 Thames S1.

22 Washington Sq.

404 Thames S1.

10 Connell Hgwy

I Casino Terrace

283 Broadway

262 Thames St.

DOCKET OF THE COUNCILOctober 13,2010

DBA Ownership DBAS# DBA Street

Kids Asian Stir

Ie Petit GourmetLemon Comer IILong Wharf SeafoodLucia Italian RestaurantJPizza LuciaMad Hatter BakeryMa's Donuts and MoreMeJls Lunch

New Good Friend Chinese Restaurant

Newport ChocolatesNewport Cookie Company

Newport CreameryNewport Fruit & Smoothie Co.Newport FudgeryNewport FudgeryNewport Xtra Mart

Ocean Breeze CafeOcean Side Catering & CafePanera Bread

Panini GrillPeaceable MarketPizza HollywoodPizza Hut #613008Pop's Italian IcePortabellaQueenie's Cakes and ConfectionsRODzio PizzaSAPO Burritos

Sodexo Services Cliff Walk CafeSodexo Services Global CafeSodexo Services Miley Cafe

SparkSpring Seasons Inn, Inc. Tea RoomSpring Street EspressoSprinkles Ice Cream

Starbucks Coffee # 7229Stop & Shop Supermarket #701SubwaySubway Newport

Sumo Sushi

Super Stop and ShopSushi-Go!Tea on ThamesVia Via 11

Change of Dill/A

Cosa Nostra (new) Chicken on Fire (old)

People's Cafe (new) Welcome in Cafe (old)

White Pearl, Inc.

Le Petit Gourmet, LLC

Longade, LLC

Long Wharf Seafood, Inc.

North Italian Restaurant Brio, Inc.

Audra Lalli

Leite Donuts, Inc.

Mel's Lunch, Inc.

Che Wen Zhang

Newport Chocolates Inc

Newport Cookie Company, LLC

Newport Creamery, LLC

Newport Fruit & Smoothie Company, LLC

Fudgery, Inc., The

Fudgery, Inc., The

Drake Petroleum Co., Inc.

Ocean Breeze Cafe, Inc.

Ocean Side Catering, Inc.

Howley Bread Group, Ltd.

Bartlebe, Inc.

Peaceable Market, LLC

VVSl Inc.

MITA Enterprises of Rhode Island, LLC

Pop's Italian Ice, LLC

Portabella Restaurant ofNewport, Inc.

Queenie's Cakes and Confections LLC

Pereira Pizza, Inc.

Sapora Newport, LLC

Sodexo Operations LLC



Spark LLCSusan Farrell

JM Espresso Inc.

Mackinnon Enterprises, Inc.

Starbucks Coffee Company

Stop & Shop Supermarket Co, The

RySav Inc.

Subway Newport, Inc.

Sumo Sushi, Inc.

Stop and Shop Supermarket, The

Tsunami Enterprises LLC

Cannella L. Gardner

3M &J, Inc.

Mohamed Badr

Vivienne O'Dwyer

82 Broadway

26 Bellevue Avenue

337 Thames St. Unit 16

17 Connel1 Hwy

186 Thames ST #B

64 Broadway

138 Connell Hwy

25 Broadway

137 Connell Hgwy

82 WiIliamS1.

4 Spring Wharf

18 I Bellevue Ave.

19 Bowen's Wf

168 Thames S1.

359 Thames S1.

27 Memorial Blvd

580 Thames S1.

66 Broadway

49 Long Wharf Mall

186 Thames St.

520 Thames S1.

397 Thames S1.

202 Connel1 Hwy

8 Fair S1.

136 Broadway

198 Thames S1.

88 Broadway

16 Broadway

36 Ochre Point Avenue

51 LawrenccAvc

7 Ochre Point Ave.

12 Broadway

86 Spring 51.

382 Spring S1.

9 BowenS Wharf

212 Thames S1.

250 Bellevue Ave.

129 Swinburne Row

188 Connell Hwy

198 Thames S1.

199 Connell Hwy

215 Goddard RW221 Goddard Row

372 Thames S1.

266 Bellevue Ave.

282 Thames S1.


Extended Hours 2010

DBA Ownership

7-Eleven #23880

7-Eleven 25854-0

7-Eleven 32508 B

Bishop's 4th Street Diner

Cumberland Farms #1150

Dunkin Donuts

Dunkin Donuts

Dunkin Donuts

Handy LunchHungry Monkey, The

Hyatt Regency Newport

Ma's Donuts and More

Newport Xtra Mart

Super Stop and Shop

Hours ofOpemtioll

Muhammad Tariq Rashid

Muhamad Tariq Rashid

Kashif Siddiqui

Bishops 4th Street Diner, Inc.

Cumberland Farms, Inc.


Broadway Donuts, Inc.


Gary HooksMonkey Business, LLC

DHC Food & Beverage Corporation

Leite Donuts, Inc.

Drake Petroleum Co., Inc.

Stop and Shop Supennarket, The

Extended Hours

2am-8am

24 Hours

5am-8am

24 hours

5am-8am

5am-6am

5am to Sam5:30 am- 6 am

2:00am-2am to 8am

2am-6am

2am-8am

2am-6am

Victualing Renewals for LIQUOR Establishments 2010-2011DBA Ownership

@TheDeck

22 Bowen's Wine Bar and Grille

99 Restaurant and Pub

AREA

.AsteriskBarking Crab Restaurant, The

Billy Goode's

Black Pearl, The

Boat Dockside, The

Brick Alley Pub & Restaurant

Buskers

Cafe Zelda

Cafe, The

Canfield House, The

Castle Hill Inn and Resort

CelticaChanler at Cliff Walk, The

Clarke Cooke House, Cooke House, Candy

Colonial Tavern

Diego's

DBAS#

@ The Deck, LLC

22 Bowen's Wine Bar and Grille, LLC

99 West, Inc.

Unity3, LLC

A&O, Inc.

The Barking Crab Newport, LLC

Billy Goode Company, Inc.

N T Corporation

Waite's Wharf Grille LLC

Plumb, Inc.

Pale, LLC The

Rudder, Inc.

Club 200, Inc.

GAMAS,LTD

Castle Hill, Inc.

Celtica, LLC

Chanler, Inc., The

Clarke Cooke House, LLC

Colonial Tavern, Inc.

Diego's Newport, LLC

DBA Street

I Waite's Wharf

22 Bowen's Wharf

199 Conneil Hgwy.

599 Thames St.

151 Swinburne Row

29 Marlborough St.

Bannister's Wharf

25 Waite's Wharf#A

140 Thames St.

178 Thames St.

528 Thames St.

200 Broadway

5 Memorial Blvd.

590 Ocean Ave.

95 Long Wharf

117 Memorial Blvd.


18 Broadway

11 Bowen's Wharf


DBA Street1 Broadway

107 Broadway

41 Bowen's Wharf

206 Thames S1.

103 Bellevue Ave.

359 Thames S1.

8 Memorial Blvd West

I Bellevue Ave.

I Goat Island

37 Memorial Blvd.

186 Bellevue Ave.

30 Bowen's WF

151 Admiral Ka1bfus Rd.

ISO Connell Hgwy.

673 Thames S1.

2 Sayer's WF8 West Marlborough S1.

286 Thames S1.


25 America's Cup Ave.

I02 Connell Hwy

6 Equality PK

Commercial Wharf


156 Broadway

501 Thames S1.

8 Broadway

270 Thames S1.

7 Memorial Blvd

19 Charles ST

49 America's Cup AV

West Howard WF

254 Thames S1.

162 Broadway

32 Broadway


348 Thames S1.

505 Thames S1.

337 Thames S1.

250 Thames S1.

62 Bridge ST

25 Waite's WF #B

34I Thames S1.

140 Broadway

515 Thames Street


527 Thames S1.

31 Scott's WF

212 Thames S1.

464 Thames S1.

517 Thames S1.

150 Broadway

DBAS#Fastnet, Inc.

2paddysandacanuck LLC

Partner's In Wine, Inc.

BMT,LLC

Griswold's, Inc.

Vader, LLC

Hillside & Cappy, Inc.

LaSalle Hotel Lessee, Inc.


Memorial Boulevard Associates, Inc.

La Forge Casino Restaurant, Inc.

Newport Waterfront Landing, Inc.

Mainstay Inn, LTD, The

JR Pizza Corporation

Mama Luisa, Inc.

Mooring LTD, TheGreat Pub, LLC

Tri Group, LLC

Newport Grand, LLC

Marriott Hotel Services, Inc.

Newport Playhouse & Cabaret Restaurant

Newport Tokyo House Sushi & Hibachi, Inc.

Historic Wharves Associates, Inc.

Nick's Fine Foods, Inc.

NDC Enterprises, LLC

Five Tempus LTD

NWPT, Inc.

Brownstone, InC.

Pasta Beach LLC

Kelkery Food and Spirits, Inc.

Shamer Rhode Island LLC

Pier ofNewport, LLC, The

Mermaids Newport, LLC

POB,LLC

MBKLLC

Puerini's Italian Specialties, Inc.

Red Parrot, Inc., The

Restaurant Bouchard, Inc.

JH Enterprises, Inc.

R I Quahog Co.pany Restaurants, LLC By Receiver

62 Bridge Street, LLC

Dockside North, LLC

Tropical Restaurant, Inc.

Salvation Cafe, Inc.

MACH,LLC

S S R Corporation

BKA Industries, Inc.

Mooring LTD, The

Ella Terrace, Inc.

Tallulah, LLC

Thames Street Thai Cuisine LLC

Tucker's Bistro, Inc.

DBA OwnershipFastnet, The

Fifth Element, The

Fluke Wine Bar & Kitchen

Gas Lamp Grille, The

Griswold's TavernH20

Hillside Cafe

Hotel Viking


Jimmy's Saloon

La Forge Casino Restaurant

Landing, The

Mainstay Inn

Mama LeonesMamma Luisa Italian RestaurantMooring Seafood Kitchen & Bar, TheMudville Pub

Newport Blues Cafe

Newport Graud

Newport Marriott Hotel


Newport Tokyo House Sushi & Hibachi

Newport Yachting Center

Nikolas PizzaNorey's

O'Brien's Pub

One Eighty

One Pelham East & Studio 3

Pasta Beach

Perro Salado

Pier 49 Seafood & Spirits

Pier, The

Poor Richard's-Benjamins

POP

Pour JudgementPucrini's Italian SpecialtiesRed Parrot Restaurant, The

Restaurant Bouchard

Rhino Bar & Grille and Mamba Room, TheRhode Islaud Quahog Company

Rhumbline Restaurant

Riptides

Salas'Salvation CafeSambar

Sardella's RestaurantScales & Shells

Smokehouse Cafe

StarBar Bistro

Tallulah on Thames

Thai Cuisine

Tucker's Bistro



Vanderbilt Hall

Wharf Pub and Restaurant, TheWhite Horse TavernYesterdaY.'s - Newport

Vanderbilt Hall, LLC

RJJ Deli, Inc.Lecade Investments, LLC

Yesterday's M Newport, Inc.

41 Mary 51.

37 Bowen's WF26 Marlborough 81.

28 Washington Sq.

Liquor Licenses by Class of LiquorClass ADBA

Andrew's Liquors

Bellevue Wine & Spirits

Bridge Liquors

Bucci Combination Store

Downtown Liquors

Fifth Ward Liquor

Harry's Liquor Store

Island Liquors

Newport Wine Cellar

Rex Liquors

Spring Street Spirits

Sully's Beer Wine & Liquor

Vickers' Liquors

Wellington Square Liquors

Class BHDBA Ownership

Cliffside Inn

Ownership

lACE Enterprises, Inc.

Bellevue Wine & Spirits LLC

KRG Enterprises, Inc.

Bucci Combination Store LLC

Shiva Corporation

Fifth Ward Liquor, Inc.

Harry S. Karanikolas, Inc.

Newport Prescription Center, Inc.

Newport Wine Cellar, LLC

Hoan, Inc.

Slippery Slope Spirits, LLC

B.A.K.E., Inc.

Vickers' Liquors LLC

Arnor, Inc.

Street Location

Target Two, Inc.

Street Location

493 Broadway

181 Bellevue Ave.

23 Connell Hgwy.

Thames S1.

Cottons C1.

695 Thames S1.

199 Connell Hgwy.

291 Broadway

24 Bellevue Ave.

126 Broadway

137 Spring St.

25 Bliss Rd.

274 Bellevue Ave.

580 Thames St.

2 Seaview Ave.

ClassDBAAREA

BLOwnershipUnity3, LLC

Street Location

Mama Leones

Mamma Luisa Italian Restaurant

Newport Tokyo House Sushi & HibachiNikolas Pizza

Norey's NDC Enterprises, LLC

Puerini's Italian Specialties

Tallulah on Thames

Thai Cuisine

Wharf Pub and Restaurant, The

lR Pizza Corporation

Mama Luisa, Inc.

Newport Tokyo House Sushi & Hibachi, Inc.Nick's Fine Foods, Inc.

156

Puerini's Italian Specialties, Inc.

Tallulah, LLC

Thames Street Thai Cuisine LLC

RJJ Deli, Inc.

150 Connell Hgwy.

673 Thames St.

6 Equality PK38 Memorial Blvd West

Broadway


464 Thames St.

517 Thames St.

37 Bowen's WF


Class BTDBA Ownership Street Location

Castle Hill Inn and Resort

Chanler at CliffWalk, The

Hotel Viking


Mainstay Inn

Newport Marriott Hotel

Pier 49 Seafood & Spirits

Rhino Bar & Grille and Mamba Room, The

Vanderbilt Hall

H20 Vader, LLC

Castle Hill, Inc.

Chanler, Inc., The

359

LaSalle Hotel Lessee, Inc.


Mainstay Inn, LTD, The

Marriott Hotel Services, Inc.

Shamer Rhode Island LLC

JH Enterprises, Inc.

Vanderbilt Hall, LLC

590 Ocean Ave.

117 Memorial Blvd.

Thames St.

Bellevue Ave.

Goat Island


25 America's Cup Ave.

49 America's Cup AV

337 Thames St.

41 Mary St.

Class BVDBA Ownership Street Location

@TheDeck @ The Deck, LLC Waite's Wharf

22 Bowen's Wine Bar and Grille 22 Bowen's Wine Bar and Grille, LLC 22 Bowen's Wharf

99 Restaurant and Pub 99 West, Inc. 199 Connell Hgwy.

Asterisk A&O,Inc. 599 Thames St.

Barking Crab Restaurant, The The Barking Crab Newport, LLC 151 Swinburne Row

Billy Goode's Billy Goode Company, Inc. 29 Marlborough St.

Black Pearl, The N T Corporation Bannister's Wharf

Boat Dockside, The Waite's Wharf Grille LLC 25 Waite's Wharf#A

Brick Alley Pub & Restaurant Plumb, Inc. 140 Thames St.

Buskers Pale, LLC The 178 Thames St.

Cafe Zelda Rudder, Inc. 528 Thames St.

Cafe, The Club 200, Inc. 200 Broadway

Canfield House, The GAMAS,LTD 5 Memorial Blvd.

Celtica Celtica, LLC 95 Long Wharf

Clarke Cooke Bouse, Cooke House, Candy Clarke Cooke House, LLC 26 Bannister's Wharf

Colonial Tavern Colonial Tavern, Inc. 18 Broadway

Diego's Diego's Newport, LLC 11 Bowen's WharfFastnet, The Fastnet, Inc. 1 Broadway

Fifth Element, The 2paddysandacanuck LLC 107 Broadway

Fluke Wine Bar & Kitchen Partner's In Wine, Inc. 41 Bowen's Wharf

Gas Lamp Grille, The BMT,LLC 206 Thames St.

Griswold's Tavern Griswold's, Inc. 103 Bellevue Ave.

Hillside Cafe Hillside & Cappy, Inc. 8 Memorial Blvd West

Jimmy's Saloon Memorial Boulevard Associates, Inc. 37 Memorial Blvd.

La Forge Casino Restaurant La Forge Casino Restaurant, Inc. 186 Bellevue Ave.

Landing, The Newport Waterfront Landing, Inc. 30 Bowen's WF

Mooring Seafood Kitchen & Bar, The Mooring LTD, The 2 Sayer's WF

Mudville Pub Great Pub, LLC 8 West Marlborough St.


DBA Ownership

Newport Blues Cafe

Newport Grand


O'Brien's Pub

One Eighty

One Pelham East & Studio 3

Pasta Beach

Perro Salado

Pier, The

Poor Richard's-Benjamins

POP

Pour Judgement

Red Parrot Restaurant, The

Restaurant Bouchard

Rhode Island Quahog Company

Rhumbline Restaurant

Riptides

Salas'

Sambar

Sardella's Restaurant

Scales & Shells

Smokehouse Cafe

StarBar BistroTucker's Bistro

Yesterday's - Newport

Street Location

Tri Group, LLC

Newport Grand, LLC


Five Tempus LTD

NWPT, Inc.

Brownstone, Inc.

Pasta Beach LLC

Kelkery Food and Spirits, Inc.

Pier ofNewport, LLC, The

Mermaids Newport, LLC

POB,LLC

MBKLLC

Red Parrot, Inc., The

Restaurant Bouchard, Inc.

Rhode Island Quahog Co.Restaurants, by Receiver

62 Bridge Street, LLC

Dockside North, LLC

Tropical Restaurant, Inc.

MACH,LLC

S S R Corporation

. BKA Industries, Inc.

Mooring LTD, The

Ella Terrace, Inc.Tucker's Bistro, Inc.

Yesterday's ~ Newport, Inc.

286 Thames St.


102 Connell Hwy

501 Thames St.

8 Broadway

270 Thames St.

7 Memorial Blvd

19 Charles ST

West Howard WF

254 Thames St.

162 Broadway

32 Broadway

348 Thames St.

505 Thames St.

250 Thames St.

62 Bridge ST

25 Waite's WF #B

341 Thames St.

515 Thames Street


527 Thames St.

31 Scott's WF

212 Thames St.150 Broadway

28 Washington Sq.

ClassDBA

COwnership Street Location

Salvation Cafe Salvation Cafe, Inc. 140 Broadway

Irish American Athletic Club

Kerry Hill Club, The

Bailey's Beach

Elk's Club

Friendly Sons ofNewport Social Club

Ida Lewis Yacht Club

141 Pelham S1.

3 Farewell St

Lime Rock - Wellington AV

642 Thames St.

15 Oak S1.

34 Ocean Ave.

15 Fenner Ave.

Harbour Court ~ 5 Halidon

280 Harrison Ave.

29 Bellevue Ave.

Irish American Athletic Club

Oak Street Partnership, Inc.

Portuguese Benefit Association Vasco Da Gama

New York Yacht Club

Newport Country Club

Newport Reading Room

Street Location

Spouting Rock Beach Association

Newport Lodge #104 Benevolent & Protective

Friendly Sons ofNewport Social Club, Inc.

Ida Lewis Yacht Club

DOwnership

ClassDBA

New Portuguese Benefit Association

New York Yacht Club Harbour Court

Newport Country Club

Newport Reading Room



Newport Sportsmans Club, The

Newport Yacht Club

Protective Club

Pyramid Club

Thames Street International Yacht &

Class EDBA Ownership

Newport Prescription Center

NSC, Inc.

Newport Yacht Club

Protective Club, The

Pyramid Club

Thames ST lot'l Yacht & Athletic Club

Street Location

Newport Prescription Center, Inc.

110 Connell Hwy

City Wharf ~ Long Wharf

596 Thames St.

30 Dr. Marcus Wheatland Blvd

536 Thames St.

289 Broadway

ClassDBA

JOwnership Street Location

Newport Yachting Center Historic Wharves Associates, Inc. Commercial Wharf

ClassDBA

KOwnership Street Location

White Horse Tavern Lecade Investments, LLC 26 Marlborough 81.

MINUTES OF THE COUNCIL MEETINGHELD SEPTEMBER 15, 2010

The following items of business, filed with the City Clerk under the Rules ofthe Council, camebefore the Council at its regular meeting held on September 15, 2010.

The MAYOR called the meeting to order at 6:30 p.m.

The CITY CLERK called the roll and the following members were present:

MARY C. CONNOLLYSTEPHEN R. COYNECHARLES Y. DUNCANKATHRYN E. LEONARD

JUSTIN S. MC LAUGHLINJEANNE-MARIE NAPOLITANO, MAYORSTEPHEN C. WALUK

I. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTDl.ETY UNLESS THE COUNCILREMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #3180 AND #98-40.)

a. Minutes ofthe August 11 and 25, 2010, Council Meetings (Approve)b. Special Event Licenses:

1. Newport Art Museum, d/b/a Murder Mystery at The Museum; 76 BellevueAve., Sept. 16,23,30; Oct. 7, 14,21,28; Nov. 4,11, 18,27; Dec. 2, 9, 11, 16,17 and 30, 2010, from 7:00 p.m. to 9:00 p.m.

2. Newport Festa Italiana, d/b/a Italian Marketplace, Touro Park, October 9, 2010,from 10 a.m. to 4:00 P.M., and the Annual Columbus Day Parade, October II,2010, at 12 Noon, beginning at St. Joseph's Church, Broadway, and ending atthe statue ofChristopher Columbus on Memorial Blvd., just east of BellevueAvenue.

3. The Landing Restaurant, d/b/a The Landing Seafood Festival; 30 Bowen'sWharf, October 16-17,2010, from 11:00 a.m. to 7:00 p.m.

4. Newport Art Museum, d/b/a Music in the Galleries; 76 Bellevue Ave., October17, November 21, December 12,2010, from 2:00 pm. To 4:00 p.m.

5. Visiting Nurse Services, d/b/a Chocolate BrunchiFundraiser; Easton's BeachRotunda, 175 Memorial Blvd., November 7, 2010, from 12 Noon to 3:00 p.m.

6. Hyatt Regency-Goat Island, d/b/a Taste ofNewport/Fundraiser; Goat Island,November 14,2010, from 5:00 p.m. to 11 :00 p.m.

c. Banner License, Salve Regina University; Thames Street (between Salas Restaurantand The Red Parrot, September 23-27, 2010, promoting SRU Fall Festival Weekend.

d. Pedicab Operator License:1. Claes Batley, 14 Pond Ave., Newport, RI2. Leo Bronder-Giroux, 17 Freeborn St., Newport, RI

e. Communication from Christopher Fromknecht, Commander, Post 4487, VFW, re:Industrial Pretreatment Fees

f. REMOVED: Communication from the Director of Planning, Zoning, Developmentg. Claim ofJoAnn C. Robitaille (Receive and refer to city solicitor)

MINUTES OF THE COUNCIL MEETINGHELD SEPTEMBER 15,2010Page 2

COUNCILOR WALUK moved the Consent Calendar be adopted, with the exception of Item f.Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.

REMOVED: Communication from the Director of Planning, Zoning, Development &Inspections, re: follow-up information regarding Historic District Zoning Ordinance

COUNCILOR MC LAUGHLIN moved the communication be continued to the September 29th

meeting as which time it is to be considered with a communication from the Assistant City Solicitorregarding the Historic District Ordinance. Seconded by COUNCILOR WALUK.

VOTE: In favor- MAYOR NAPOLITANO; COUNCILORS CONNOLLY, COYNE, DUNCAN,MC LAUGHLIN and WALUK.

Opposed - COUNCILOR LEONARD.


2. Second-hand License, Shana Gaines, d/b/a Vintage to Vogue, 523 Thames St. (New location;Hearing)

COUNCILOR WALUK moved the hearing be closed and the license granted. Seconded byCOUNCILOR CONNOLLY and VOTED UNANIMOUSLY.

3. Holiday Selling License, Shana Gaines, d/b/a Vintage to Vogue, 523 Thames St. (Newlocation)

COUNCILOR WALUK moved the license be granted. Seconded by COUNCILOR CONNOLLYand VOTED UNANIMOUSLY.


Newport Housing Authority (l Vacancy) - Applicants: Amanda Frye-Leinhos, CharlesWright

MAYOR NAPOLITANO moved Amanda Frye-Leinhos be appointed to the Housing Authority.Seconded by COUNCILOR WALUK and VOTED UNANIMOUSLY.

RESOLUTIONS

5. In support of "Complete Streets" Concept - Newport City Council

MAYOR NAPOLTANO read the resolution and moved for its adoption. Seconded by COUNCILORWALUK.

KATHLEEN CONNELL, Director, AARP, said the Complete Street Concept is the initiative of theAARP. She said they are requesting all communities to consider the principles of"Complete Streets"as it will make communities safer for all.


The motion was VOTED UNANIMOUSLY.

6. Proclaiming September 2010 as "Ovarian Cancer Awareness Month" - Newport City Council

COUNCILOR MC LAUGHLIN introduced the resolution, noting that increased knowledge andawareness leads to early detection and a higher survival rate, and moved for its adoption. Secondedby COUNCILOR WALUK and VOTED UNANIMOUSLY.

7. Requesting the State Traffic Commission to review the feasibility of installing a left-tumsignal for southbound traffic on 1. T. Connell Highway at Van Zandt Avenue - S. Waluk, C.Duncan

COUNCILOR WALUK introduced the resolution and moved for its adoption. Seconded byCOUNCILOR Duncan.

COUNCILOR WALUK moved the resolution be amended to add that copies be sent to the City'sLegislative Delegation, and to add in the "Resolved" that other alterations to the light, in addition tothe left-tum signal for southbound traffic, be reviewed. COUNCILOR WALUK commented that adelayed green light for northbound traffic should also be considered. Seconded by COUNCILORDUNCAN and VOTED UNANIMOUSLY.

The Resolution, as amended, was VOTED UNANIMOUSLY.

ORDINANCES

8. Amending Ordinance No. 2010-19, re: Appropriation Revenues of the City ofNewport forthe Fiscal Year July 1,2010, through June 30, 2011-Easton's Beach Fund (Second Reading)

COUNCILOR WALUK moved the ordinance be adopted on second reading. Seconded byCOUNCILOR CONNOLLY and VOTED UNANIMOUSLY.

9. Amending Chapter 10.32.100 (K) of the Codified Ordinances, entitled, "DesignatedResidential Parking Districts; Cliff Avenue Area," to allow daily, 24-hour resident parking inthe CliffAvenue Area. - K. Leonard (First Reading)

COUNCILOR LEONARD moved the ordinance be adopted on first reading. Seconded byCOUNCILOR CONNOLLY and VOTED UNANIMOUSLY.


10. Communication #4744/10, re: School Department Lease-Purchase of Energy Equipment(continued from August 25,2010)

COUNCILOR WALUK moved the communication be received and the accompanying resolutionadopted. Seconded by COUNCILOR CONNOLLY.

Discussion followed between COUNCILOR LEONARD and PAUL FAGAN, NSD Director ofProperty Services, and Michael SAUNDERS, NSD Business Manager, wherein MR. FAGAN said


Rogers High School uses approximately 90,000 gallons ofoil a year and the average cost over threeyears is $250,000. He said one of the three boilers was decommissioned and the two remaining areused one at a time, not simultaneously. MR. SAUNDERS said the School Department has receivedconfirmation that the cost of the new boiler will be reimbursed under Housing Aid at 30% over thenext six years. He said the School Dept. will also be eligible for about $50,000 in rebates fromNational Grid.

COUNCILOR COYNE said that although he is not against replacing the boilers, he will not supportmaking the decision at this time rather than after the bond referendum in November for a newelementary school. COUNCILOR MC LAUGHLIN said he was satisfied that the purchase of thenew boiler would not preclude moving forward on regionalization ofthe schools. MAYORNAPOLITANO supported moving forward as she believed the boilers were operating on borrowedtime.

VOTE: In favor - MAYOR NAPOLITANO; COUNCILORS CONNOLLY, DUNCAN,LEONARD, MC LAUGHLIN and WALUK.

Opposed - COUNCILOR COYNE.

11. Communication #4751/10, re: Conservation Easements - King Park and Spencer Park-Aquidneck Island Land Trust


COUNCILOR LEONARD said future generations deserve to have these green spaces and thecreation of a Land Bank would be a good idea.


12. Communication #4752/10, re: Bid Award for Trench & Sidewalk Restoration

COUNCILOR WALUK moved the communication be received and the accompanying resolutionadopted. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.

6:52 P.M. COUNCILOR WALUK moved the Council recess and convene as the Board of LicenseCommissioners. Seconded by COUNCILOR CONNOLLY and VOTEDUNANIMOUSLY.

6:53 P.M. COUNCILOR WALUK moved the Council reconvene and adjourn to executive sessionin the Conference Room, pursuant to Rhode Island General Laws, Section 42-46-1, asamended, and in accordance with Section 42-46-5(a)(2)-Pending Litigation Purposes forWhich Meetings May be Closed, "(a) (2) Sessions pertaining to .. .litigation" to discusspending litigation: Simcha Berman, et al v. City ofNewport, et al. Seconded byCOUNCILOR COYNE and VOTED UNANIMOUSLY.


6:52P.M.


COMMUNICATION FROM THE CITY MANAGER:

Communication #4753/2010, re: Show Cause Hearing - Thames St. International Yacht &Athletic Club; Sale of Alcoholic Beverage to an Underage Person and Non-ClubMember/Guest.

COMMISSIONER WALUK moved the hearing be continued to September 29, 2010, at the request ofAttorney Turner C. Scott on behalfof the Thames St. International Yacht & Athletic Club. Secondedby COMMISSIONER DUNCAN and VOTED UNANIMOUSLY.

6:53 P.M. COMMISSIONER WALUK moved the meeting of the Board of License Commissionersadjourn and the Council reconvene. Seconded by COMMISSIONER COYNE andVOTED UNANIMOUSLY.


CITY OF NEWPORTMINUTES OF THE COUNCIL MEETING

HELD SEPTEMBER 29, 2010

The following items of business, filed with the City Clerk under the Rules of the Council, camebefore the Council at its regular meeting held on September 29, 2010.

The MAYOR called the meeting to order at 6:30 p.m.

The CITY CLERK called the roll and the following members were present:

MARY CONNOLLYSTEPHEN R. COYNECHARLES y. DUNCANKATHRYNE.LEONARD

JUSTIN S. MC LAUGHLINJEANNE-MARIE NAPOLTIANO, MAYORSTEPHEN C. WALUK

CITIZEN'S FORUM: YVONNE VIRGADAMO, 10 Chapel Terrace, commented on the conditionof local sidewalks, particularly on Cottage Street and Maple Avenue where she has twice tripped andfallen and broken bones in her face and wrists. She said the sidewalk on Maple Avenue has raisedutility covers which are difficult to get around and impossible to see when it's dark.

1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCILREMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #3180 AND #98-40.)

a. Special Event Licenses:1. Sail Newport, d/b/a Sail for Hope/Regatta Social & Fundraiser; Newport

Shipyard, I Washington St., October 2, 2010, from 4:00 p.m. to 9:00 p.m.2. The Leukemia & Lymphoma Society, d/b/a Light the Night Walk; October 2,

2010, (registration 5:00 p.m.) from 7:30 p.m. to 9:30p.m., beginning andending at Salve Regina University (route attached)

3. Robin Gray, DivaStyle Hair Salon, d/b/a Hair/Fashion Show; Pyramid Club,32-34 Dr. Marcus Wheatland Blvd., October 10,2010, from 4:00 p.m. to 9:00p.m.

4. REMOVED: Bowen's Wharf Co., Inc., d/b/a Bowen's Wharf Seafood Fest.5. REMOVED: Eident Sports Marketing, d/b/a Arnica 5K; October 16,20106. Island Moving Company, d/b/a Dracula at Belcourt Castle; Belcourt Castle,

657 Bellevue Ave., October 20 and 21,2010, from 7:30 p.m. to 9:30 p.m.;October 22,2010, from 7:30 p.m. to Midnight; October 23,2010, from 4:00pm. to 6:00 p.m. and from 8:00 p.m. to 10:00 p.m.; and October 24, 2010, from2:00 p.m. to 4:00 p.m. and from 6:00 p.m. to 8:00 p.m.

7. REMOVED: Turning Around Ministries, Inc., d/b/a Island Arts & Crafts8. Newport Art Museum, d/b/a Winter Lecture Series; Newport Art Museum, 76

Bellevue Ave.; January 8, 15,22,29,2010, and February 5,12,19 and 26,2011.

9. Newport Festa Italiana - request to amend Special Event Licenseb. Catering License, Diego's Newport, LLC, d/b/a Diego's, II Bowen's Wharf.c. REMOVED: Daily Entertainment License, Class A, Ancient Order of Hibernians, 2

Wellington Ave., November 12,2010, from 6:00 p.m. to Midnight.


d. Drain Layer License, Renewal, Brennan & Sons, Inc., d/b/a Brennan ConstructionCompany, 89 Pools Lane, Tiverton, RI

e. Communication from Elizabeth Leddy, 7 Boughton Rd., asking permission to closeBoughton Road on October 9 (rain date Oct. 10),2010, from 12 Noon to 8:00 p.m. forthe annual neighborhood block party. (Approve subject to details being worked outwith the city administration.)

f. REMOVED: CRMC Amended Public Notice, File No. 2009-10-040, Applicationg. Claim of Jasna Sudar Sombke (Receive and refer to City Solicitor)

COUNCILOR WALUK moved the Consent Calendar be adopted, with the exception of Items a-4, aS, a-7, a-9, c and f. Seconded by COUNCILOR COYNE and VOTED UNANIMOUSLY.

a-4. Bowen's Wharf Co., Inc., d/b/a Bowen's Wharf Seafood Festival; Bowen's Whf.,October 16/17, 2010, from 11:00 a.m. to 5:00 p.m.

COUNCILOR COYNE recused himself.

COUNCILOR WALUK moved the license be approved. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.

a-5. Eident Sports Marketing, d/b/a Arnica 5K; October 16,2010, from 7:00 a.m. to9:00 a.m., beginning and ending at Brenton Point State Park (route attached)

COUNCILOR LEONARD said she had concerns about another 5K race being held on Ocean Drive,particularly the day before the marathon, which would be using the same route.

COUNCILOR WALUK moved the license be approved. Seconded by COUNCILOR CONNOLLY.

CITY MANAGER EDWARD LAVALLEE said he had recommended against the granting of thelicense because the event is the day before the already-approved Arnica Marathon, which uses thesame route. He said there are many walkers, runners and bicyclists along the route in the earlymorning hours and he didn't think it fair to burden the residents along the route two days in a row.

COUNCILOR LEONARD asked if the organization was a not-for-profit.

BRICE ROWE said Arnica raises money for non-profits, such as the Ronald MacDonald House, andlast year was able to donate $35,000. He said a decision had been made to raise money from the 5Kfor the family of the nine-year-old who was killed in a car accident a week ago. He said that manypeople coming in with the marathon participants want to run a shorter race which is why the 5K wasproposed and, after expenses are paid, the proceeds will go to charity. He noted that the start time wasmoved back from 8:30 a.m. to 7:30 a.m. at the request of RIDEM so that it will be over by 8:30 a.m.He said one lane of traffic would remain open at all times.

COUNCILOR WALUK asked how many people come in to town for the marathon. MR. ROWEresponded that the NBCVBB advised that last year it resulted in the use of 1,500 hotel rooms.COUNCILOR WALUK said, given that one travel lane will remain open at all times and the earlyhour of the race, he would consider approving the license.

MINUTES OF THE COUNCIL MEETINGHELD SEPTEMBER 29, 2010Page 3

COUNCILOR LEONARD asked if the applicant was willing to pay for police details to ensure thelane oftravel remains open. MR. ROWE said they were will to pay the costs. COUNCILORCONNELLY asked if the license approval could be contingent upon the development of an adequatepolice detail plan. CITY MANAGER LAVALLEE responded that it could. COUNCILOR COYNE

.noted that 3,500 runners signed up last year for the marathon but because of bad weather conditionsfewer participated. MR. ROWE said they expect 4,000 for the marathon this year, and 300 for the5K. COUNCILOR COYNE responded that because of the early hour ofthe 5K and only 300participants anticipated to participate, he did not think it would have a negative impact.COUNCILOR CONNOLLY said she too would support the license.

COUNCILOR WALUK moved the license be approved contingent upon an appropriate traffic safetydetail plan being developed by the Police Department. Seconded by COUNCILOR CONNOLLY andVOTED UNANIMOUSLY.

a-7. Turning Around Ministries, Inc., d/b/a Island Arts & Crafts Festival; BPO Elks #104,141 Pelham St., November 13,2010, from 10:00 a.m. to 2:00 p.m.

COUNCILOR DUNCAN recused himself.

COUNCILOR WALUK moved the license be approved. Seconded by COUNCILOR CONNOLLYand VOTED UNANIMOUSLY.

a-9 Newport Festa Italiana - request to amend Special Event License granted Sept. 15,2010, to include Opera Providence, October 10,2010, Belcourt Castle, from 6:30 p.m.to 9:30 p.m. (Approve)

COUNCILOR WALUK cited the request of the Newport Festa Italiana Committee to amend theirrequest to have the concert at the Edward King House, and moved for its approval. Seconded byCOUNCILOR COYNE and VOTED UNANIMOUSLY.

c. Daily Entertainment License, Class A, Ancient Order of Hibemians, 2 WellingtonAve., November 12, 2010, from 6:00 p.m. to Midnight.

COUNCILOR DUNCAN recused himself.

COUNCILOR WALUK moved the license be approved. Seconded by COUNCILOR COYNE andVOTED UNANIMOUSLY.

f. CRMC Amended Public Notice, File No. 2009-10-040, Application of the City ofNewport for an Assent to construct and maintain repairs and improvements to thenorth and west embankment of South Easton Pond.• Communication from the Planning Board, re: CRMC Application Easton Pond

Dam, advising that the application is consistent with the City's ComprehensiveLand Use Plan (Receive)

COUNCILOR WALUK noted that Fuss & O'Neill states in the letter attached to the application thatthere will be signs noting closure of the path and asked if this was just during construction. CITY


MANAGER LAVALLEE responded it was, and once the work is completed the pathway would beopen all the way around the reservoir. UTILITIES DIRECTOR JULIA FORGE noted that therewould, however, be signs advising people to pass at their own risk.

COUNCILOR WALUK moved the notice and communication be received. Seconded byCOUNCILOR COYNE and VOTED UNANIMOUSLY.


2. Annual Entertainment License, Class A (indoors), Farahnaz Shobeiri, d/b/a Genie's HookahLounge, 547 Thames St. (First Hearing)

• Communication from Benjamin C. Riggs, 15D Harrington St., requesting denial ofthe entertainment license.

ADDED: Communication from Mary and Martin Jacobson, l5B Harrington St., objecting tothe granting of the license.

COUNCILOR LEONARD asked ifthere would be any live music. FARAHNAZ SHOBEIRI,applicant, responded there would not, and belly dancers would only be on special occasions, such asif one were having a birthday party. COUNCILOR WALUK asked ifthe intent was to just haverecorded music and no live bands; the APPLICANT confirmed she was just asking for recordedbackground music.

DANIEL PRENTISS, ESQ., said he represented the Wellington Condominium Association, and aftermeeting with them, he may object to the granting of the license at the second hearing.

COUNCILOR WALUK moved the hearing be closed. Seconded by COUNCILOR CONNOLLY andVOTED UNANIMOUSLY.

COUNCILOR WALUK moved the license be granted with the stipulation there be no live music.Seconded by CUNCILOR CONNOLLY.

VOTE: In favor - MAYOR NAPOLITANO; COUNCILORS CONNOLLY, COYNE, DUNCAN,MC LAUGHLIN and WALUK.

Opposed - COUNCILOR LEONARD.

3. Victualing License, New, Cupcake Charlie's, LLC, d/b/a Cupcake Charlie'S, 135 SwinburneRow.

COUNCILOR WALUK moved the license be granted. Seconded by COUNCILOR CONNOLLYand VOTED UNANIMOUSLY.

COMMUNICATIONS AND PETITIONS

4. Communication from Rich Wolfe, The Narragansett Bay Coyote Study (NBCS) asking toaddress the Council on "Coyote Best Management Practices."

MINUTES OF THE COUNCIL MEETINGHELD SEPTEMBER 29, 2010PageS

RICH WOLFE commented on the Study and said the safe practices have been endorsed by theJamestown, Middletown and Portsmouth Town Councils.

DRNUMI MITCHELL, lead scientist for the study, commented on the reason for the study thatbegan in 2005 because of increasing numbers of coyotes on Aquidneck Island. She said killingcoyotes only stimulates vigorous growth; and, while it is illegal in Rhode Island to feed coyotes,people are doing so, which results in behavior changes in coyotes that cause most ofthe problems onthe Island.

COUNCILOR WALUK moved the report be received. Seconded by CUONCILOR CONNOLLYand VOTED UNANIMOUSLY.

5. Communication from Naomi Neville, Aquidneck Island Reuse Planning Authority, asking toaddress the Council on the activities of AIRPA and introduce the AIPRA's Property ReuseCoordinator.

NAOMI NEVILLE, noting that she and William Corcoran are the City's representatives on theAIRPA, introduced Julie Oakley, the new coordinator for the group.

JULIE OAKLEY provided hand-outs to the Council.

COUNCILOR WALUK moved the document be received. Seconded by COUNCILORCONNOLLY and VOTED UNANIMOUSLY.

MS. OAKLEY said the study would consider the Navy five properties under consideration and wouldencompass Aquidneck Island as a whole and not individual muniCipalities. She said the deadline bywhich people must express an interest in the properties is November 22,2010, and 270 days after thata reuse plan for the five properties must be submitted. She said a meeting would be held at 1 p.m. onOctober 5th at CCRI with the consultant and, while it is open to the public, it is geared to municipalofficials. In response to COUNCILOR LEONARD, she said the BRAC process does come under theMcKinney Act; however, there have been some changes and no one entity will receive preferentialtreatment. COUNCILOR LEONARD pointed out that Newport has 18% low-income housing, thehighest per capita in the State, and said she would like the land used for enhancing the City'seconomy and tax base. MS. OAKLEY responded that anything considered for homelessness wouldbe only for that needed on Aquidneck Island as a whole, and not the State of Rhode Island..COUNCILOR LEONARD asked if each community on Aquidneck Island could be consideredindividually with regard to low-income needs. MS. OAKLEY said she was working on that issuewith Rhode Island Housing.


MAYOR NAPLITANO moved Mary Jo Valdes be reappointed to the Historic District Commission.Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.

RESOLUTIONS

7. Railroad Station on America's Cup Avenue - C. Duncan, 1. Napolitano


COUNCILOR DUNCAN read the resolution and moved for its adoption. Seconded byCOUNCILOR WALUK and VOTED UNANIMOUSLY.

8. Supporting Increased Freight Rail Capacity and Preserving Balanced Regulation - K. Leonard

COUNCILOR LEONARD introduced the resolution and moved for its adoption. Seconded byCOUNCILOR WALUK.

In response to COUNCILOR MC LAUGHLIN, COUNCILOR LEONARD said a copy oftheresolution would be given to the G021 group, who would deliver it to Washington, DC.


9. Requesting Refund for Unsatisfactory Roadway Repair Work on Bellevue Avenue - S.Waluk, K. Leonard

COUNCILOR WALUK introduced the resolution, noting that the joints in many areas of theBellevue Avenue roadway are not good after the City has invested over $1 million to repair them. Heasked that the city administration see ifthe City could get a refund on the work, and asked why themanner in which the work was done, which now needs to be fixed, was selected. He then moved foradoption of the resolution. Seconded by COUNCILOR CONNOLLY.

COUNCILOR LEONARD said it was an issue of accountability and the taxpayers want to know whyit happened and where the liability lies.

COUNCILOR MC LAUGHLIN moved that the city administration provide a report to the Councilthat includes:

1 ) whether or not the monies will be refunded;2 ) why the repairs, which proved to be unsatisfactory, were done in this manner;3 ) what caused the material to breakdown; and4) a prognosis on the condition of Bellevue Avenue and plans for future repairs.

Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.

The motion, as amended, was VOTED UNANIMOUSLY.

10. Sewer Repairs on Lower Thames Street - K. Leonard

COUNCILOR LEONARD introduced the resolution and moved for its adoption. Seconded byCOUNCILOR WALUK.

COUNCILOR MC LAUGHLIN said he could not support the resolution because it was creating aboundary. He said the recommended contract award would probably be before the Council at its nextmeeting and there could be ramifications in requiring that the work be completed by April 15. Hesaid he supported many provisions of the resolution that would lessen the impact ofthe work on thebusinesses, but establishing a firm completion date could result in a significantly higher cost.


COUNCILOR WALUK moved the word "only" be deleted from the second "resolved" wherein thework timeframe is established. Seconded by COUNCILOR COYNE.

COUNCILOR CONNOLLY said she believed establishing a set work frame would be putting thehorse before the cart, noting that the construction could be greatly affected by weather conditions.MAYOR NAPLITANO agreed with the comments of Councilors McLaughlin and Connolly, and saidan increased cost for the work because of the timeframe constraint would not be fair to the residentsof other parts of the city.

COUNCILOR DUNCAN moved the resolution be continued until after a contract has been awarded.Seconded by MAYOR NAPLITANO.

COUNCILORS LEONARD and WALUK cited the need to adopt the resolution so that a mechanismis in the contract that provides for open communication among the businesses, contract and cityadministration.

MAYOR NAPLITANO withdrew her second and COUNCILOR DUNCAN his motion to continuethe resolution.

COUNCILOR WALUK moved that the fifth "Whereas," which provides a time frame in which theproject must be completed, be deleted. Seconded by COUNCILOR DUNCAN.

COUNCILOR COYNE expressed concern about removing the paragraph because of importance ofhaving the work done in the time frame provided so as to lessen the impact on the businesses.COUNCILOR MC LAUGHLIN said it would be appropriate at the time the contract is awarded tomake clear that the schedule should be tight and every effort made to conform to the desired timeframe.

The motion to adopt the resolution with the amendment deleting the fifth "whereas" was VOTEDUNANIMOUSLY.

ORDINANCES

11. Amending Chapter 10.32.100 (K) of the Codified Ordinances, entitled, "DesignatedResidential Parking Districts; Cliff Avenue Area," to allow daily, 24-hour resident parking inthe Cliff Avenue Area.

COUNCILOR WLAUK moved the ordinance be adopted on second reading. Seconded byCOUNCILOR CONNOLLY and VOTED UNANIMOUSLY.


12. Memorandum from the City Manager, re: Historic District Ordinancea. Memorandum from the Director of Planning, Zoning, Development & Inspections,

re: Follow-up to Planning Board Recommendations - Historic District Ordinanceb. Memorandum from the Assistant City Solicitor, re: Follow-up to Planning Board

Recommendations -- Historic District Ordinance


COUNCILOR WALUK moved the communications be received. Seconded by COUNCILORCONNOLLY and VOTED UNANIMOUSLY.

13. Memorandum from the City Manager, re: Signage

COUNCILOR WALUK moved the communication be received. Seconded by COUNCILORCONNOLLY and VOTED UNANIMOUSLY.

14. Communication #4754110, re: RI Office of Energy Resources Grant - Algae to BiofuelDemonstration Project


COUNCILOR LEONARD asked ifthere would be future costs to the taxpayers as a result ofaccepting the grant. CITY MANAGER LAVALLEE responded there would not as no match fromthe City is required.

COUNCILOR MC LAUGHLIN questioned the provision on page 2, section D, of the grant that statethe community agrees to meet its energy saving goals. CITY MANAGER LAVALLEE respondedthat he did not believe there was anything by which to measure it.

COUNCILOR CONNOLLY commended those involved in getting the grant as it is an excellentproject and could result in reducing the City's carbon footprint.

MAYOR NAPOLITANO also commented Grant Writer Bruce Bartlett and the employees thatworked with him in securing the grant. She noted that the project would also help a local bio-dieselcompany, while also involving the Met School.


15. Communication #4755/10, re: Bid Award for Hillside Ave. Sidewalk Connector


16. Communication #4756/10, re: 2009 Assistance to Firefighters Grant-800 MHz RadioEquipment


17. Communication #475711 0, re: Grant Contract Amendment - Department of BehavioralHealthcare, Developmental Disabilities and Hospital

COUNCILOR WALUK moved the communication be received and the accompanying resolutionadopted. Seconded by COUNCILOR COYNE.


COUNCILOR MC LAUGHLIN noted that the new coordinator for the Substance Abuse Task Force,Brenna Bennett, would be providing the Task Force's annual report at a future council meeting.


18. Communication #4758/10, re: Bid Award for Engineering Services-Gardiner to ParadiseRaw Water Main Rehabilitation

COUNCILOR WALUK moved the communication be received and the accompanying resolutionadopted. Seconded by COUNCILOR COYNE.

COUNCILOR LEONARD said she had an issue with the provision in the fourth paragraph statingthat it is anticipated a contract amendment will be recommended in the future for phase two oftheproject. CTY MANAGER LAVALLEE responded that the anticipated amendment would be in therange of $150,000 to $200,000 for the design work and oversight, otherwise a competing firm couldbe asked to work from this firm's plans. He said the actual construction project, which will costbetween $1 and $1-1/2 million will go out to bid.

After further discussion, the motion was VOTED UNANIMOUSLY.

19. Communication #4759110, re: Lease Agreement for Cell Phone Antennae at the GoulartLane, Portsmouth, Water StorageTank


20. Communication #4760110, re: Ocean Avenue Seawall Construction InspectionServices


7:45 P.M. ADJOURNED AS COUNCIL AND CONVENED AS BOARD OF LICENSECOMMISSIONERS


1. CONSENT CALENDAR (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCILREMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #3180 AND #98-40.)

Class F-1 Daily Liquor License:

a. Sail Newport, d/b/a Sail for Hope/Social & Fundraiser; Newport Shipyard, 1Washington St., October 2, 2010, from 4:00 p.m. to 9:00 -p.m.

b. Island Moving Company, d/b/a Dracula at Belcourt Castle; Belcourt Castle, 657Bellevue Ave., October 20-22, 2010, at 7:30 p.m.; October 23,2010, at 4:00 pm. and8:00 p.m.; and October 24, 2010, at 2:00 p.m. and 6:00 p.m.


COMMISSIONER WALUK moved the application of Sail Newport be approved. Seconded byCOMMISSIONER COYNE and VOTED UNANIMOUSLY.

COMMISSIONER WALUK moved the application of Island Moving Company be withdrawn at therequest of the applicant. Seconded by COMMISSIONERS COYNE and VOTED UNANIMOUSLY.

COMMUNICATION FROM THE CITY MANAGER

2. BLC Communication #4753/10, re: Show Cause Hearing - Thames St. International Yacht &Athletic Club; Sale of Alcoholic Beverage to an Underage Person and Non-ClubMember/Guest. (Continued from September 15,2010)

CITY SOLICITOR JOSEPH J. NICHOLSON, JR, reported that he had been advised that the licenseewill admit to the charges; however, Police Officers Kevin Parsonage and Thaddeus Wadsworth werepresent to respond to questions. TURNER C. SCOTT, ESQ, representing Thames St. InternationalYacht & Athletic Club, said the violations were an anomaly for the Club. He said that employees arenow required to have alcohol server training before working the bar, although the State allows 60days for them to be certified. He said the day the violation occurred was during the New York YachtClub's Sail Week and the offending youth filtered in with others. He said the bartender on duty thatevening has since returned to school, but he will be certified as a trainer before coming back to work.

COMMISSIONER COYNE noted that the last time this club had a violation was in 1992.ATTORNEY SCOTT said there were different officers of the club back then and Mr. Kennedy,commodore and manager of the Club had come in after that violation occurred.

COMMISSIONER WALUK said that given the length ohime since there was an infraction he wouldconsider this a first offense. He then noted that a bar that had its first infraction two years ago wasfine $250 plus police costs and moved that the same sanction be imposed here. Seconded byCOMMISSIONER COYNE.

COMMISSIONER MC LAUGHLIN commented on the seriousness of serving an under-age personand moved to amend the motion to impose a $1,000 fine. Seconded by COMMISSIONERCONNOLLY.

COMMISSIONER WALUK said that the Board understands the seriousness of serving an under-ageperson, but the responsibility lies with the under-age person as well as the establishment, which hassince addressed the problem. He said that if the maximum fine is imposed for what he consideredfirst violations, it could not go higher iffuture violations occurred. COUNCILOR DUNCAN agreedwith Council Waluk's comments and said the real problem is with under-age persons breaking thelaw. COUNCILOR COYNE said that in the past there has been room for fines to increase whenadditional violations occur. He said IYAC is a good business that lives by the rules and, while aserious mistake was made in this instance, it was the first in 18 years.

COMMISSIONER NAPOLITANO asked if the person was a member of the club. ATTORNEYSCOTT responded that he was a guest but did not sign the guest book as he slipped in.


COMMISSIONER MC LAUGHLIN commented that the responsibility is with the establishment andthere is a process for following the rules; however, they did not use the process because they did nothave the young man sign in as a guest nor sign the minor book.

COMMISSIONER CONNOLLY asked if $1,000 was the maximum fine the Board could impose.CITY SOLICITOR NICHOLSON responded that a $1,000 would be considered $500 for eachoffense.

ATTORNEY SCOTT said he believe this was the only yacht club that uses a guest book, that the IdaLewis and New York Yacht Clubs do not.

COMMISSIONER LEONARD asked if the young man had received a fine in court. CITYSOLICITOR NICHOLSON said he had received a $500 fine. COMMISSIONER LEONARD saidshe believed the establishment should then also pay a $500 fine. CHAIRWOMAN NAPOLITANOagreed.

VOTE ON THE MOTION FOR A $1,000 fine.

In favor - COMMISSIONERS MC LAUGHLIN and CONNOLLY.

Opposed - CHAIRWOMAN NAPOLITANO; COMMISSIONERS COYNE, DUNCAN, LEONARDand WALUK.

The motion failed.

VOTE ON THE MOTION FOR A $250 fine:

In favor - COMMISSIONERS COYNE, DUNCAN and WALUK.

Opposed - CHAIRWOMAN NAPOLITANO; COMMISSIONERS CONNOLLY, LEONARD andWALUK.

The motion failed.

COMMMISSIONER LEONARD moved a $500 fine be imposed. Seconded by CHAIRWOMANNAPOLITANO.

In favor - CHAIRWOMAN NAPOLITANO and COMMISSIONER LEONARD.

COMMISSIONER DUNCAN noted that the $250 fine plus police costs would probably amount to$500.

COMMISSIONER WALUK moved to reconsider the motion that a $250 fine be imposed, plus policecosts. Seconded by COMMISSIONER DUNCAN.

ATTORNEY SCOTT said that in addition to the $250 fine/police costs, the licensee would also makea contribution to the City's Recreation Department in the amount of $250.


COMMISSIONER WALUK amended his motion to state that a $250 fine be imposed, plus theovertime cost of the two police officers present, and a $250 contribution be made to the City'sRecreation Department. Seconded by COMMISSIONER COYNE.

In favor - CHAIRWOMAN NAPOLITANO; COMMISSIONERS COYNE, DUNCAN andWALUK.

Opposed - COMMISSIONERS CONNOLLY, LEONARD and MC LAUGHLIN.

The motion passed.

8:09 P.M. ADJOURNED


'DDCJLET UrTle:- IU 1\"3 j70 10

City ofNewport, Rhode IslandAPPLICATION FOR A SPECIAL EVENT LICENS

DATE: _-=/<...:O'-LIt.....O,q¥....t1....,I'-"O=:......- _

EVENT TITLE/TYPE:

LOCATION OF EVENT:

Date(s) of Event:

Hours of Event:

Holder of Event & DBA:

Signature of Holder of Event: L,r::.?1.l!:2.~~~=::::::::=:::::::::::::::~-------------.J

Printed Name: :r-fr{LItAf Title: if}e'5~~ .,---Address of Holder of Event: I A LJ I.,r;: li.<2IfIUIllt1/i J'z; /ld)(.2.1 r;OOVld4"'/.lt!.'e ~J.'oS

Business Telephone: [ji/. 'If :). 5 (77 Residence Telephone: I'-- ~--_

Is Organization Non-Profit? I po Is Organization Religious? 0/ 0

Is there a charge for admission? I VB".s I IIs event to be on City, State, or Private Property? ~B-'A.>.J'lJ!V"',..LT........t{ _

Name of Property Owner of Event Site: 1 _

Signature of Property Owner: 1 _

Printed Name of Property owner:1 ;III IR. L IJ'

~==========================Will Event be Indoors or Outdoors?(Include Plan)

If so, location of toilet facilities:(Include on plan)

EVENT HOLDER 1-~e 5 ,- YAPPLICAnON FOR A SPECIAL EVENT LICENSE

(Page 2)

If Outdoors, will toilet facilities be provided? I uk-~-::-------------------

AJ!I/-

Will a tent be erected?(Include on plan)

Expected Attendance:

Is parking available:

CONCERT Ot-JI'7JOL--J

COpy OF TENT PERMIT MUST BE ATTACHED.

Seating Capacity: I jVjIA-" IFor how many vehicles? IOel(U</.vr }SH CJ r:,€.-IF fe/fit::.;,eTo ,,,aleC- ,,-.-

Is staging or platform required? I NO I Amplification? I --l

List types of musical instruments:

DANCE I ye-J DEEJAY I ve...~ I Amplification: I ie:!

SPORTING EVENT I Ala Type: I~-======================~Set-up Dates (Sporting events only): 1 ----1

PLAY I Alo

.. CARNIVAL I IV()

If yes, what type:

CIRCUS I No I Will there be animals? IA/o IIf yes, types of animals: I IIl/A

SHOW OR EXHIBITION: L:Ll2CLJ ---=T~y-pe-:~I~===============~

OTHER (describe) I / tJ ,/).-"e.""d""'r.k.~1J4~''"'''L'_,.I_--<-<£:A-N='e'''-'t:-"'''------'-',..,A-~~=T=l{=-=Ft=-=()=I\J=JO=:I<.=I4t=J~Ii=-((':::.===~

Are required approvals attached, e.g., State, Recreation Dept.? 1 -1

Is a street closing being requested? I============~-~

Will food be prepared on the premises? I No . tA11dtAPL va l~el"A-Y'"<:-

If so, is Health Dept. Inspection Approval attached? I I

EVENT HOLOER.~~Y::--c':S,,=e=-·::::'5-.,-- .,--'--::fl=C==-:-:-::c::::-::::::APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)

Will LIQUOR be served?

If yes, will you be applying for a Class F or F-l Liquor License?

Do you have State Police Approval? 1 _

If not, will another's license be used?

If so, whose? IC~t-"?\... _ \~e

Will there be gambling, e.g., bingo, raffle, etc.?

4ff¢fcP

I Po IList Names of Vendors Item to be Furnished

For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show orEvent" with RI Division of Taxation? (Contact No.: 222-2957)

FIREWORKS ;v:/;:rDo you or the pyrotectni: have Newport Fire Marshal approval?

Location from where fireworks will be shot:

Time fireworks will begin: IL... _ Duration: 1 _

NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.If fireworks are for longer than 15 minutes, arrangements must be made for police

detail officers at sponsor's expense.

ROAD RACE, WALK-A-THON, ETC. On Roadway(s) On Sidewalk(s)

Has notification been made to residents along the route? _Have temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE:

l/r/l~-

,"City OfNJ,,'{fJtiJ:;;;o , ,PF"rInF'-'APPUCAHON FOR A SP)!;CIAL EVENT UCENSEOCT_ 4 2010

DATE: DC;/-, Ld I a-oJ D,

EVEI'~Ty'TITLE/TYPE: "/'+e-+CY -r-\"\r\e- WOlf

LOCATION OF EVENT: GtOVTfovcl \i\I\llit COSI/10 -11'lt'af(v Ne;VJflfT. ~~

Date(s) ofEvent: IOC;L \5 +\\.0 )dOIUI Hours: I Y; f'Y,fV\'-- Id A'Vy,~11~n~

Holder ofEvent & DBA: ISc\\\lcl/flj\()O, UnlvevSt-0PW\Q.CLtC.Y Avn

.Signatme ofHolder ofEvent: I~CS0.fJ~~\:)S>._ JPrinted Name:'/SU1L&Yw\ClX\ \-c I Title: !Av-ll's\lL'1\reC\1Y IAddress ofHolder ofEvent: 1[01) DcJttV~ -;mln+-Avz-· Ntvvpuv-r j f2/ O~() IOrganizer's Sign~atLrr=e:~""~~~~~~~~~~~::,__r=========:j

Printed Name: . 5U171 Title: !Afh&nLlJrrZcfw IAddress ofEvent Organizer: 1\00 Odrw-t"1>0, n+-- )0J. fL .NLW'()U{-f [ '[I "O/gLfu ,

Business Telephone: l:i]O\ -?i-l \- a::>$b I Residence Telephone: FJl'LJ:01- 3:-1\-~

Is Organization Non-Profit?:J6 Is Organization :Religious? .All. Is there an Admission Charge:$

Is event to b.e on City, State, ~r Private Property? fiY I \ lo±L en5'(?2.A4:{ IName ofPropel1y Owner of Event Site: ISnJlnnJL'l)eJ\~ jSignature ofProperty Owner:

Printed Name of Properiy Owner:

___'_k'~__' __" .'-'

C )"'1 F' " IV'" """.-7 \ \= !'.'j,- tA./I\ \ i .'-... tJC../i I\...__ _----_ -•.•..•_.._-_ .. --.,.__._•....._._ _...,

Will Ev,',,' he JndoGn or OutdoGrs'? /'1\ ;::·;F~·-:-··--'-··'''--'-·-'''·--' ._ '(In ,+1"(:1 , phn 'f oudoors) --_.. .I.f.'·: -_ _ _.. '.' .

EVENT HOLDER _

APPLICATION FOR A SPECIAL EVENT LICENSE(Page 2)

COPY OF TENT PERMIT MUST BE ATTACHED.

Seating Capacity: ILt.<de:....i1.L1..2- _

For how manyvehicles? IN!A


If Outdoors, will toilet facilities be provided? /-I\jIPr-,

Ir'-----'-=Nl--'-"-'-!a~'------'--~--'----~-

miA!IdoD 1/-I..:;tJ'.i.L-.-{A,-----1


Expected Attendance:·


CONCERT 1:k:.S I Is staging or platform required? I {\j () I Amplification? [i\j\¢) ./List types ofmusical instruments:

DANCE I .f\/DI DEEJAY I NO I Amplification: 1 _

SPORTING EVENT I NO] Type: 1 _

Set-up Dates (Sporting events only): IL'---- -:---"- _

Will there be animals? IL... _

Type: 1_· _

1 ------

INaIf yes, what type:PLAY [J\jt) I

CARNIVAL I NO I CIRCUS

If yes, types of animals: 1'---------------------------

SHOW OR EXHIBITION: I NO I---_-:....._----------------------

OTHER (describe) IL. ~ _

Are required approvals attached, e.g., State, RecreationDept.? INIDi.... Is a s.treet closing being requested?

'Vill food be prepared on the premises?

If so, is"Health Dept. Inspection Approval attached?

EVENT HOLDER .-:-:::-::-::=----::-:::-::C-=-C-::-===-C:-::--=-=C::-=:APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)


If yes, will you be applying for a Class F or F-I Liquor License?

I NO II tJ74 I

i

I AU4- Ij


If so, whose? 1_.:-tJ..:..·-'1_4_-.0...- -,-__

Will there be gambling, e.g., bingo, raffle, etc.? ..' /\10 , Do you have State Police Approval? CK:lfJJList Names ofVendors Item to be Furnished

For Retail Sales - Have yOll completed Ii "Promoter's Application For Permit to Operate a Show orEvent" with RI Division of Taxation? (Contad No.: 222-2957)

FIREWORKS

Do you or the pyroteclmic have Newport Fire Marshal approval? I

IN IA. I

Duration: I N /AI


Time fireworks will begin: C1IL...+-'iA-"._.__....J

w&JI



ROAD RACE, WALK-A-THON, ETC. On Roadway(s) TEI1fJ On Sidewalk(s)

Has notification been made to residents along the route? ~Have temporary signs been posted? -- (Signs must be removed by the following day.)

SPECIFIC ROUTE: :-11r/....:,.lJ(L.- _

-------,--_._----- ----- - ---~-- -- ------ ..__..._- _. .._-_.._--_..-

Date(s) ofEvent: IOt-t, \<6 Iom0 -I Hours: I c:;; j'Y\V\- 1'0f;J1

Holder ofEvent & DBA: ISC\\\Je.-1?aj\{)O\ UniveVSttP \hsz.odUV krn

Organizer's Signa:=tur=e:~-~~~~~~~~~~~::,__r========~

Printed Name: . SiJ.U Title: !hrh&ncnr12C:tThr' IAddress ofEvent Organizer: IIGJ OChV-l-:m1 rrY NfL !\tWQ?v-r I el O}V-tu IBusiness Telephone: [ji]OI-3Y \-a?6D I Residence Telephone: fit L}Oj- 3:-!\-5@Is Organization NOl1-Profit?~ Is Orgimization Religious? blL Is there an Admission Charge: /Jl...OIs event to be on City, State, or Private Property? mf I \/a-Ic Pns~

Name of Property Owner ofEvent Site: IBJ7EXiY\R.-'1;e\\~ ]

Signature ofProperty Owner: I~\J\,,,,-~~ --.-:::::=--=-1

Printed Name of Property Owner: ~tU\n!)~~ Ie.:.... . ._. __ . __.._. __.1

Will Event b" indocrs 'J[ Outdoors?(bitch-ide r·t;i:,~ if otddoor-i)

EVENT HOLDER _


I

COPY OF TENT PERIHIT MUST BE ATTACHED.

Seating Capacity: '...JdCfC-'·'--L.1-'- -'For how many vehicles? I NIA

'--__-I, Amplification?Is staging or platform required?

Iso II /ilIA I


If Outdoors, will toilet facilities be provided? r~BJA-

I~ris\lff~'~ ~~~~-

Lh\Jf-'-l-l\_,Will a tent be erected?(Include on plan)

Expected Attendance:'


CONCERT I W IList types ofmusical instruments:

J__~--,--__~__

DANCE I, Nbl•

DEEJAY I NO I Amplification: IL _

SPORTING EVENT I ALO)•Type: 1 '-- _

Set-up Dates (Sporting events only):

Will there be animals?

Type: IL.'-------c----------

1 ------

I/\/D IPLAY I Me I If yes, what type:

CARNIVAL I fJ 0 I CIRCUS

If yes, types of animals: 1 --'- _

SHOW OR EXHIBITION: L'Ji:iJOTHER (describe) 1_' ~ _'_ _

Are required approvals attached, e.g., State, Recr,eation Dept.?

Is a street closing being requested?

Will [ou(l!;Je prepared 011 the premises?,

If so, is"Health Dept Inspection Approval attached?

> \

EVENTHOLDER __-,- _


I /vo ILNJA I[tJ7A I

i

If yes, will you be applying for a Class F or F-1 Liquor License?

WiJ1 LIQUOR be served?

Ifnot, will another's license be used?

Jf so, whose? I N I--'-A--'- -,-__

Will there be gambling, e.g., bingo, raffle, etc.?·I NO I Do you have State Police Approval? CNj:.JJList Names of Vendors Item to be Furnished


FIREWORKS


Do you or the pyrotechnic haye Newport Fire M_a_rS_h_a_1~ap~p~r_ov_aJ_?~_'=1 ~f\J~.~l~A~==.~I _IN IA

Time fireworks will begin: W_ie<k-"-__-'NOTE: Iffireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.

If fireworks are for longer than 15 minutes, arrangements must be made for policedetail officers at sponsor's expense.

ROAD RACE, WALK-A-THaN, ETC. On Roadway(s) 17511&J On Sidewalk(s) ~

Has notification been made to residents along the route? ..--Have temporary signs been posted? --- (Signs must be removed by the following day.)

SPECIFIC ROUTE: NflY ..--_..._--

--_._-----_ ..-._-_ ...__._-_._------ - -- ..._----------_ ..-_..-_. -_._---. . ._.- ...-.- ..__.. _._----

O(jc(~ I' \

~rJr-:z:7 In •. '. Pr-r-~Cps-'lCity ofNewpblt,1b~de lsland : _ OCT 4 2010

APPLICATION FOR A SPECIAL EVENT LICENSE - 'IDATE: 0(,+, Ld t dOJQi,,·j I

..",-,y>~~

. EVEl'ii'YTITLEJTYPE: ."'/A:f\S,--\' GV \-nWCA\ ~\J0\ -t-hj_N_\_~f)/_:~. _

LOCATION OF EVENT: /Stahfovd ,NY-Hit CasIno lhect1t( NevJr~t\iEJ

Hours: I Y; MfIJ\- IC1kgDate(s) ofEvent: DGi-, \G\L-:~':""':"-7--l-+--l.L~~.£----'

Holder ofEvent & DBA: SCI \\1.( .'--~"--'---'--"-TI--------'--t---'-'--"----'---'--'-'-'-~--'

,Signature ofHolder ofEvent:I~~~~ - JPrinted Name: '!SViWY\v\c-lX\ \rG I Title: IAv-h&1 c'1:\ rectW IAddressofHolderofEvent: /lOO OLArtVt "1{)lm-Mt..., NeWpuvt j QI Oorc!01

Printed Name: , SUI'-=-"-'--",,",-,-~::=C-"---"''-'-'--=-- __--'-'--_---'

l-.~_...--_.-..-.._._._...~,~ . ., .._------ -._';"--_._- ..-""-

Signature of Property Owner:

Address ofEventOrganizer: IloJ OdtV~-:mVt+-N cL I\tWQ?{-r- r el O)-~O IBusiness Telephone: tjijO\ -3LJJ -a?6D I Residence Telephone: FIlLJoj- 3::1\-5@Is Organization Non-Profit?~IS Organization Religious? 1E.- Is there an Admission Charge:~

Is event to be on City, State, or Private Property? ttY I \/illL ens~. I ,'Name of Property Owner ofEvent Site: I-,,~:::o'"-.<'1.l..</11",,'."-n!.'-\R-,,=,l;e--,,,,-~\I.....::L=.--'- ----',

~============Will Event be Indoors or Outdoors? r,r,__\ (,~k,),i.."l.·',?_C'\_i.•.S_

(Include plan if outdoors) . - ---..-...... .. -- .--..-_ - ..-...- '

EVENT HOLDERAPPLICATIO-::-]\j=-'F=-O=-R::-:'-A-CS=P=-E=-=C=r,-C'\-=-L-=E=V=E='N=T::--Lc-r=-=C-C'E=-N=SE

(Page 2)

I

COpy OF TENT PERt'\1IT MUST BE ATTACHED.

Seating Capacity: 1-,.9.".'.....,01_1--'-- _

For how many vehicles? [ NIAI Amplification?

----'Is staging or platform required?

I NIA I


If Outdoors, will toilet facilities be provided? btdHj--Ir'-,t'--'-1)iY'-'---',~~~~--'---"---

L&Uf.'.'.-l-A-I150 I


Expected Attendance:'


CONCERT IJJJ IList types of musical instruments:

1__--'-- ----'----

DANCE I,UDI DEEJAY [KrV I Amplification: 1 _

SPORTING EVENT [NO I Type: I~-'==================Set-up Dates (Sporting events only): 1'-'- --,--,,---'-- _

PLAY !J\1,-=-O_ Ifyes, what type:,

Will there be animals? ,__--'CARNIVAL [JJQ] CIRCUS

~---'===='-----~~--If yes, types of animals: ISHOW OR EXHIBITION-:-:-;:I~=;::::S;=;-I-=T~yp-e-:-;::I_'~~~~~~~~~~~~~~~~~~~~~==_~~~~

OTHER (describe) 1_' ~ _

Are required approvals attached, e,g" State, Recreation Dept.? INV!iIs a street closing being requested?

Will food be prepared on the premises'?

If ,0, is"Health Dept. InspectionAppmval attached'?

LW2-L£Kl_, ,__~[N'¥tJ

EVENT HOLDER -=-==-=::--c-::=:=-:-=-====-=--=-===:APPLICATION FOR A SPECIAL EVENT LICENSE

(Page3)

I~ II fJ\ID

··CiUfJIf yes, will you be applying for a Class F or F-l Liquor License?


If so, whose? I N(A=--..L- ,---__


Will there be gambling, e.g., bingo, raffle, etc.?·I NO I Do you have State Police Approval?~

List Names of Vendors Item to be Furnished


FIREWORKS


Time fireworks will begin: [11'-1-£)&:-"-__-'

Do you or the pyrotechnic hilve Newport Fire Mars~h~a_la~p~p_r_o_va_I_?_..:_~O\l~.~,t'_lA~~==.~I~ _

LN/A. I

Duration: I N //1-+--"--+}_,f=J-----



ROAD RACE. WALK-A-THON, ETC. On Roadway(s) TEI1lfJ On Sidewalk(s) Lf[/JaHas notification been made to residents along the route? ~Have temporary signs been posted? ---- (Signs must be removed by the following day.)

SPECIFIC ROUTE:~---"_._~._-_."-_..-_"_" .._._.

f

I

. , .'~. ':.

" V09~~

City of NeWPOJ,2l~ ~lj 0 . I';: ,APPLICATION FOR A SPECIAL EVENT LICENSE()' ,,~t

(( 'F17)L(2SDATE: Oct ,fd I aD] 0 .J I', OCT:.- 4 2010

I ,EVEl'iry'YIYLE/rYPE: ·tl2\lli~Y\cal $'od tty LIe.

LOCATION OF EVENT: /StO\ftfolrc\ \N\ill1-t COS\()() -ll,t'cttGV

Date(s) ofEvent: LIi2t, dL('250 l0 . I Hours: I1; I'YN\- 10-AM

Holder ofEvent & DBA: ISC\1\fCl?aj\<iC\ UnivevStt}"l\flJLCL---tGv Aft::>.Signature ofHolder ofEvent:I~G>..).JJ~~~- JprintedName:'ISUWY\V\('~\\~ I Title: /Av-hstlc·1\w.tw 1

Address ofHolder ofEvent: /[00 DC)lVfL -=ro\n-t-M~' NtWpuv-r j QI O~0 ,

Organizer's Signature: .~

.Printed Name: , 51 \ . .~\ I 0

VI \f\,(~. ,\f\-.-. Title: lJ\(h&nGlJ(e~ IAddress ofEvent Organizer: 11m GchV.e..l>ol n+-h ~ NLwQUV-+ [Cl O}~o IBusiness Telephone: tj L\OI-?:d \-.a?6b I Residence Telephone: !1I'40j- 3:1'\-d@

, , .

Is Organization Non-Profit? i6 Is Orgimization Religious? W Is there an Admission Charge:*S

Is event to be on City, State, ~r Private Property? fiY I \/a±L (>row4:{ I .Name of Property Owner of Event Site: [8rLBX)D.9~l;e\ Ie JSignature of Property Owner: [C"~ n~'. ~e----...~, ]

'-~'- C0.!\J\,'--..'L. ~~~. . .~ ----_..r- -----.--.---------..-,

Printed Name ofProperty O\'lIier:.· ES~)}.:c\n()e..~lX1IC _ .. _. ....~ .. . .J"._-. ,---- '-.r---j \ ,----,-\ r""'-~/ t........! \, ',' ,., ~,; ,-./

EVENT HOLDER _


COPY OF TENT PERMIT MUST BE ATTACHED.

Seating Capacity: 1c-2~CI,-1-,- _For how many vehicles? I NIA

___-'I Amplification? 1 -"I Is staging or platform required?

lNiA12VDI tJ{A


If Outdoors, will toilet facilities be provided? ~Jf-FJ--

~p-~'.~~~--'---'--

II


Expected Attendance: '


CONCERT I k1\1~c:..


DANCE I ,NO I DEEJAY fJl) I Amplification: , _

SPORTING EVENT ,I "'/D I Type:IL~~----------__Set-up Dates (Sporting events only): I......:.... ...,...,_~ _

Will there be animals? J-----'

PLAY I hJi) I If yes, what type: IL _CARNIVAL LN0 I CIRCUS

If yes, types of animals: 1 _

Is a street dosing being requested?

Will food b'.' prepared on the premises?

Ifso, is"Hea!th Dept Inspection Approval ",ttached?

SHOW OR EXHIBITION: I 'ie..,S I Type: 1_' ,--_~ _

OTHER (describe) [9\\/1 (\9 ()LW~Oo\i \ tAv\Xw-zts

Are required approvals attached, e.g., State, Recreation Dept. ? I-;Nrt-+\pr--r;-.--~--------

LiJ~L_'---~_~----.:.--[N0 _. :-_~_.;c ~~~\YFlU5):~~ ..J

EVENT HOLDER.--::-=:=:-:--==-=-c-::-===-::-:-=::::-:::::APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)



Ifnot, will another's license be used?

ISks;I f\)()

I "ie S

III

Do you have State Police Approval? CNjAJItem to be Furnished

If so, whose? I~O - Sa \\/<:-12f~9) M. U(H Vefl.xtf

Will there be gambling, e.g., bingo, raffle, etc.? LQ() IList Names of Vendors


FIREWORKS

Do you or the pyrotechnic hi!ve Newport Fire Marshal approval? ILJlJlA-I

[NIA. I

Duration: I N/AI

Location from where fIreworks will be shot:

Time fIreworks will begin: W'-!.L)A-.i._.__



ROAD RACE, WALK-A-THON, ETC. On ROadWay(S)·nJ On Sidewalk(s) [fJ/laHas notification been made to residents along the route? ~Have temporary signs been posted? ----- (Signs must be removed by the following day.)

SPECIFIC ROUTE: -'!lrk ..... _------_•.. _..._----_. _..•....•._-

()6 ,/::J;tf0 I ('5 (I () i~r' .'

City of Ne\'1port, RbodeIsland ,..,. '"APPLICATION FOR A SPECIAL EVENT LI{,]iENSE 91::-1{>z..i25'

"'{j, II?,;"] D' , ~" OCT 4 2010 . !DATE: VI",,<L , ~ I (LV, - I i

EvENITITiLFJiypE . wnuvdBV Mpj , 00 J I

LOCATION OF EVENT: IbTOlrrfuvc\ \N\fllit COSlno ll'1tutcv New~~ I.Date(s) ofEvent: I aut ,2l;r I'QQ\ 0 .I Hours: IC£ J'YM:- ioIsyJy

Holder of Event & DBA: ISc\\\Ie..Jt8\{)C\ Univevsvtp-wlj,<J:±U!krh

Organizer's Sign:atur~e:~--~~~~~~~~~~~::,__r=======d.. Printed Name: " SUI Title: IAY'h&hcl::1r<2(;J-(y' I

Address ofEvent Organizer: 11m Ochv~'lbin+- h ~ .NLW'Q\i-f [el D%LtO IBusiness Telephone: tijdol-?:iJ 1-a;x;D , Residence Telephone: /1I>40j- 3=h-'5jiJIs Organization NOll-Profit? ies,. Is Organization Religious?~ Is there an Admission Charge:~

Is event to be on City, State, ~r Private Property? ttY I \Ia±c ero\'(Dl4::{ IName ofPropeliy Owner of Event Site: 1..>.8)"",·L7J.L]'~\'-!Ii.Ln&~l?e-"~J-l\\fC~ JSignature of Property Owner: [~~ ~~ l._,.

__~--,_,c._=,G~9:.)1='~\\,\..'L.~'-1

Printed Name of Property Owner: 1§2~7~~~~~~,~~)le:- ._,. ''!_-.,..,,-..,---'--,--"- '" .. ". --,,·-,-1

II,

'\/i1l Event be Indoors or Outdoors'? r"-\~-A 011;/ (I i ,U\ ,)[1 ,)(lndmle phm if oMtdoors)-- _ .. -----. _... --'.----- .., .-"" '..."" - >---- ... -- ..

EVENT HOLDERAPPLICATIO-N:-:F-=-O:-:.R::-~:-:A-S:-CP:-:E:-:C=L-"'::-L:-:E=V=E-=-'N::-T::-L:-:I:-:C='E-=-~,=TSE

(Page 2)

I

COpy OF TENT PERMIT MUST BE ATTACHED.

Seating Capacity: 1-'2""'-0.<-.,1--'- --'

For how many vehicles? I ,O\J !AI Amplification?

'-----

O'JjA

lanDI MIA


If Outdoors, will toilet facilities be provided? /::j<j)-fj---J-'--'-±H--'----'-'-\.k-'-"---'-"---'-"--~~-

IWill a tent be erected?(Include on plan)

Expected Attendance:·


CONCERT CBJO Is staging or platform req~ired?


DANCE I 2Vo I DEEJAY.qIJO I Amplification: I ~

SPORTING EVENT , pO , Type: I~~=================Set-up Dates (Sporting events only): ,--'- ...,--,_'-- _

Will there be animals? 1<-.__-'

Type: 1_· ---,- _

1 -'--------

eNolIf yes, what type:.PLAY 010 I

CARNIVAL [1JQJ CIRCUS

If yes, types of animals: ,---------------------------

SHOW OR EXHIBITION: (:irS IOTHER (describe) j-.---.--.:------------------------

•Are required approvals attached, e.g., State, Recreation Dept.?


Will fdod beprepd'·cd on thi" premises?

If so, is"HcaI'J- .le"t..i OSjj';ction Approval attached?

INIDi

EVENT HOLDER -=-=~c--,.=:--:-------,,-=-===-=--=-==-=-:APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)

I fJD•

rn\A I.. [}Ilk I



1fso, whose? I N \:...A...L.... ---,-__


Will there be gambling, e.g., bingo, raffle, etc.?·I N() I Do you have State Police Approval? []{f[A:List Names of Vendors Item to be Furnished

For Retail Sales - Have yOll completed a "Promoter's Application For Permit to Operate a Show orEvent" with RI Division ot'Taxation? (Contact No.: 222-2957)

FIREWORKS

Do you or the pyrotechnic haye Newport Fire Marshal approval?

Location from where fireworks will be shot: INfA[]]iA

. jI

Time fireworks will begin: Li'JL...+LiA.;I..._.__



ROAD RACE, WALK-A-THON, ETC. On ROadWay(S)·flSl1&J On Sidewalk(s) [fJjlaHas notification been made to residents along the route? .....--Have temporary signs been posted? ..-- (Signs must be removed by the following day.)

SPECIFIC ROUTE: ~+r.:..ctr>1.-------------

---.-----_.._._----.-_._--_.._-----_.---'.__. __ ._-_.__.__....•...•_. __._•..- ._.•._..._. -~.__._---_._---_..._.._. -- .... _.- ..••....

/f

City of Newport, Rhode Island . pOCT - 6 2010APPLICATION FOR A SPECIAJL EVENT LICENS.t 1. J~ f) 'L pj T

( I I

DATE \ 0 \§j...:..1D:::::..-- _

EVRNT TlTLlJ/fYPE [ 'Ps'-i chIe Fo.;~ -"-_··_····_~····---"l

LOCATIONOFEVENT ~ ~lr<s_.-:\~\ J)~;S; N~TRJ:.--.]

[-..-.-.,- - -..--.- - -..-.---.------_ - ..-_._ JDate(s) oC Event; O&){P Z,D \ \J__ _.._._ L _ __,._ .. . .. ._.._.__. .

Hours of Event [1i~~.- SB-:·/-.!J 'H;'Q~CL ?;O·;-~~=.=]

Holder of Event & DBA [" HZ- SD'-J-~_~-"'----' .._ ... lSignature of Holdc;!' of Event: I ~\3 'S~'~i ..-----~_.__.. J

Printed Name [1;1\1.~'?1l-} SD(YuA I Title: C. 1AddressofHolderofEvent:~ W~:3>r-.M~\V\-9-<L.LP 6\.~ \<.I.. OL~'1U

Business Telephone: l_._~=_·. ~._ ._J Residence Telephone: [gQ}:Sl9:-'!.9\ ~JIs Organization Non-Profit? [QQ_J Is Organization Religious? [\(\10 ..JIs there a charge for admission? LiSs::L_ J [ -.. . ----. "-'--JIs event to be on City, State, or Private Property? '1::{ ~'-JO""\:~ ...__. --

N,m, ofProperty Ow,,, ,fEve", Sf" i_E_\~~_~-=-==_-=--=-J

Sfg"wre,fYmpertyOw",c l~~;:~~~~??J

Printed Name of Propert)' owner:I!'!!el{~~£~~'!!?.~~~p~]

wg~~~~~t:I:~~doorsor O"tdoors? [_ID-~-~S__. .-.-..~-=.._._._..~

EVENT HOLDER l\ z- S D\.l 'zAAPPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)

Seating Capacity [~--~-_._~]

For how many vehicles? I-;~--'-]



If Outdoors, will toilet facilities be provided? [..-/'~J

'-.---------~-----.._---,~----.. _._--.--jWill a tent be erected? r----:=:--'](Include on plan)

Expected Attendance: [ ..,...-~=_J['7::--1

CON<;l;P-T ~J Is staging or platform required? [-':-;?J Amplification? ---L=-JList types of musical instmments: _

[-_~---~~--/~//~-----.~-_-_-_- --.------.--,----_._ .__JDANCE [_.•:.~./] DEEJAY~

---J.,~-

-~---~---

Amplification~ _J

SPORTING EVENT [2/ ] Type:~ ]Set-up Dates (Sporting events only):

_._------------]

If so, is Health Dept. Inspection Approval attached?

Is a stre"i: closing being requested?

Will food be prepared on the premises?

]"LAX [:z=J If yes, what type: [Z..: ~.__,{:ARNIVAL I~J CIRCU~ I / I Will there be animals~-J

If yes, types of animals: C=Z--.-.-"-.---.--..'-- ...__'._~ JSHOW OREXmmnOti:~ Type: c-=~ __. -=_-=-~=_-_=:J

OTH]LR (describe) "P?yd/\,\v F;.Our B>v- \-\0. \\D U..lf'elfiL worK'S I::>p..s C>Yj~..a.A.\..\L~.a>...~S-\w(·"",c ...", ....\ ---l.l=Q"p<->\""(,.c..;:s>--. --'

Are required approvals attached, e.g., State, Recreation Dept.? W 'i..A -=~====--=- ...__ ..._-1[]~JS-----~==-==--~:=:J

l_j/))!) .J1/ J

EVENT HOLDER lJ2- S D\.)GAAPPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)

Will LIQUOR be served? Ly\p =mJ

If yes, will you be applying for a Class F or F<·l Liquor License? P _IIf not, will another's license be used? ~ _JIf so, whose? [_~ .~~=~'.=--'~~=. <=~~~~~~===~=~=~ .. ]

1'----1Will there be gambling, e.g, bingo, raffle, etc.? L~~

List Names of Vendors

Do you have State Police Approval? k:ZJItem to be Furnished

Fill- Retail Sales .. Have yOiJ completed a "Pa-omoteR"s Application Fm' .Permit to Operate a Show orEvent" with RI JlJiivision of Taxation? (Contact No.: 222-2957)

Do you or the pyrotechnic have Newport Fire Marshal approval?

FIREWORKS Y\)0~_.=-J

Location from where fireworks will be shot: 1.-[__/===::::-.--. JTime fireworks will begin: [ ::> ;...-;:::-=:] Duration: I /'--.... =:JNOTE: Ufkeworks al'e to begin 01' end! after 10:00 p.m., la sound variallce must be obtained.

Iffireworks ar.e for longer than 15 minutes, arrallgements must be made for polkedetail office.'s at sJ[Hlllsor's expellse.

ROAJIJi RA_CE, Wi\LK-A-THON, ETC. On Roadlway(s) I .....-I-----on Sidewalk(s) [ ]_~~ ........_c

Has notification been malle to residents along the J.oute?·~_·~_Have temporary signs been posted? ~~ (Sj.gi1s·must be removed by the following day.)

/ ... ~."

Dcx..tEI Of1-lE la)l3) 10 'I" :\ ...• '

C· f'N Rh d I I I 'f:l/F}).2- (? -,Ity 0 ewport, 0 e s anc . ' .' OcT' 6' 2011APPUCATilON FORA §l'ECIAL EVENT UCEN§J!];. ; : -'

II

i!,

Date(s) of Event:

Hours of Event:

DATE -d s;l 2.0\ D

[-LlQ\\bvJren-.~s-\0~'1tU\-k, IEVENT TITLE/TYPE: _ I I I '1 .

LOCATION OF EVENT []\eJ:/\ KS _l~~' Ve\!:'d~_.~1-_~_~~,p';:_rv- ]I-:.··-------...--------·--~-·--·-·-----·--------·--·-----l

L~~d ~D_\_-~\D ]~ L~~ ----.J

[ :J-P-=---.m~~ht ,.--.]Holder ofEvent & DBA: IT-\ L-_S6~ 7A . ~_J

Signature of Holder of Event: L9'\\~~" ·--1Printed Name: rf:A'\z,A~eth Sb.,-! m J Title: C JAddress of Holder of Event: ~_~es\- N\ Cl~V\Y2.-d.. _.~ [.')\ls·m() 0.-\1r\. '(2I IBusiness Telephone: I. .~ Residence Telephone: [9lil~ \q- '1C{ \ \? I

Is Organization Non-Profit? l_ V\.S2__J Is Organization Religious? 1_ Y\-()_~

Is there a chargefor admission? I~6, \rQJ [=p'('\-.j~m------' ]Is event to be on City, State, or Private Property? - .-------

N,meofPmp"'Y O~,,"fEy~'Si", l ~..LKS~_~~ '__lSignatureofPropelty Owner: [--~~_~~~_C?~~-;I~~JJ

Printed Name ofPropelty owner:[ - ,... I/. .~ '-~]M,-qjffl~L- V ()&JE IYI! ~~M~.f£!!~

W~;~~~~:t~:I~~doors or Outdoors? [ \Y)c:\Do~ .__-_._.__. .______ .J

Lvz.- SOuZ({\-EVENT HOLDER _


1[If so, location of toilet facilities:(Include on plan)

If Outdoors, will toilet facilities be provided? [? =- I/

Amplification: 1_ _ J

Seating Capacity: [_. ,_'~_,J

For how many vehicles? [---------,

Is staging or platform required? [6 DJ Amplification?

DEEJAY


List types of musical instruments: .

[~f~MS-\-~v~n~~VS CI\SS -~l-::S-:::--' -,n.-q-re.A------'-.-'-~

DANCE [2:/'1

Will a tent be erected? [-::::=:::::::::':-'-'](Include on plan)

Expected Attendance: L"L~~~"~J

Dfes 1

!;Ol'iCE!tI [JJ 0 J

Will there be animals?

If so, is Health Dept. Inspection Approval attached?


Will food be prepared on the premises?

PlAY 1- Y\0J If yes, what type:

~ARJ.Ii!YM eM] ClR~U§

If yes, types of animals:~ ,----._._- .__._, ]

SHOW ORE~!ill!!IlQl'! t'C10J Type [~-' . . ~J

9THEI~ (describe) l \-\-Q\\o\jJeen Y~l\<~ , . ]Are required approvals attached, e.g., State, Recreation Dept.? [_.__ _ ~__ J

[-M_-_ ..-.--__-.. J[. ~_.-_.__J[~]

,&mr:nNG lCVENT [jVQ~ Type C ]Set-up Dates (Sporting events only): [",~~ .-=-~_-_.-_-__-_-_· 1

I ..~~-.-__,----.- ---~

[~~

EVENT HOLDER _



If yes, will you be applying for a Class F or F-l Liquor License?


If so, whose?

Will there be gambling, e.g., bingo, raffle, etc.? Li('1~J Do you have State PoliceApproval~j

List Names of Vendors Item to be Furnished

~/,..--'

FOR' Retail Sales - Have you completed a "'I'mmMe,"s AI)plication For .lP'ermit to Opemte a Show orEvent" with RI J)ivisiolJ. of Taxation? (Contact No.: 222··2957)

FIREWORKS

Do you or the pyrotechnic have Newport Fire Marshal approval?

Location from where fireworks will be shot:[.....,<0.-,~ ~_J

Time fireworks will begin: ~-~=:J Duration: I~ JNOTE: ][f fireworks are to begin 01' end after 10:00 p.m., a sOllnd val'iance mllst be obtained.

If fireworks are for longer tllalll 15 minutes, lIJlTangements mlist be made for policedetail officers at sponsor's expense.

_..'---

ROAD RACE, WAJLK-A-THON".ETC. On RoadWay(§}J:=:=:J/~nSidewalk(s) C' I--~.;

Has notification been made to residents along tile ronte? ~._~Have temporary signs been posted'! _~._jSigns mlist be removed by the following day.)

SPJliXIFIC ROUTE•.,./

.-.----------------.-7'----------------------------·------··-----------

._-----------_./'..:::.~._--------------~-~--_.._-_.~ ./

,...-,<

TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:

Application is made for the following license: DRAIN LAYER

Date: fi:eo1 20 \ 0

Y€-C\"\r,C\p;"'J3co ( % =r"G

Date of Duration: _ANNUAL_ Business Telephone: _(401) 846-0269_

Location: Sreets of Newport~__

D/B/A Peckham Brothers Company _

Signature of Applicant: ~101"'" iii, QO..t" mPrint Name of Applicant: Cr(,hc"';' F Tr'Gccloo,m-:w

Owner: __Peckham Brothers Company, Inc.~__

Owner Telephone: _.>.8LLJ.JC\""o_~-,-O..l..·L~!,,--,q _

Owner Address: 72.0 -t"Cod\5C~ [Iv,,,,,.

~_O~~-'------~OfficeUse Only~---,--~---~--

Filing Fee $15 Date Paid: -1'-o-lf -I 0 4-c/·License Fee $100 Date Paid q -J.."'1-/0 ...-;J.-cJ .License Number: 2838

COUNCIL ACTION: _ DATE APPROVED: _

License issued by: Date Issued: _

Drain Layer Licenses expire on June 30th each year. The renewal application must be submitted intime to go before the City Council prior to July Ist.

An insurance bond is required and must be approved by the Engineering Department.

y :\1\·1isc~~llallClll1S LiCCll~c.s\Drainl.aycr\;\ppDrailll A.lycrl ,iC\~llse-. ~~009.d{1~

Jl):2 Previous /){lckcl Date:CrcalL'ti all ::if] 1;'20099:20 Afv1

/olro!lC)CITY OF NEWPORT, RHODE ISLAND

OWllle,"s address

The undersigned respectfully petitions the Honorable Council for a HOLIDAY LICENSE to allow retail sales on the following holidays: NewYear's Day, Memorial Day, FOUlth ofJuly, VictOlY Day, Labor Day, Columbus Day, Veteran's Day, or on any day which any enumerated holiday isofficially celebrated, No Holltlay Li••n•••hali b. i.suetl and a r.tan bnsine.. shan not be open De••mber 25" of any year or ThanksgivingDay. ex.ept pharma.ies, retail.tores tbat prin.ipally .eli food produ.ts a"d whi.h employ few.r 1/.l~.n·,.ixe'."Pi~eesfeUbift.atJlny.-'!n.e "1

IDeation. nower. ga,'den and garden a••••sory shop., video .to..., and bakeries. (RI General Lawlif)) ! It:'..~J~.I~ ..j .._Wl__[E •.'\; i

Application is made for: HOLIDAY SELLING LICENSE I1;;i\Icc Date: 71" ' j

A"'~I'i 1, ''/0(1\' 1 u:.P 2 7 2010 I":;.)LICENSE IllURAl'ION: r' ex. u till'oll!glll Marcil 31, _.. _...",e0:::' _~~~:~~,~~~~~;~): , 73~d . e _dtlf:E~1IT!~)~~ETh~ .. ,BUSINESS DIB/A: ,:::5.t2 Irt e 17('t1ltLflzti.f::~')· '71/,/ SM'j/?~;;'<Ln:="",,- _

T" I?

BUSINESS LOCATION: If 'W'tI/·ti:!..:S WA£"I/ f IVhv t.?fJd~1 () 21t 10Owner/Representative: LovI' A. L"'''lc!'. --,- _Autborized Signllltlllre: ?0A' A ~ ~ Title:.R~:!?I/lJ--·__~~Owner's Home Address: -D.. JOt114h/iwt T7Z, S wPti,£:/reJJ ;Z/ "Z!t."--,-72L,'_Business Telephone No.: W 7qJ.,ft4 7 Home Telephone No.: 1/tJ/ 7 tp. O?§- ""

0>; f¥1 tfb '11 .

E-Mail Address:~.br:.I:9(l1lA0tve~Lf')t... "c,..E::I_~~_._.~. _..._._, ~ ~_

The undersigned has been in business since (year): 2- DO~__.

The business is principally engaged in the sale of the following types of goods: .---k;jd-/hJ)~-o/-{fJ~----

------------. --

TRA.NSJi'ERS.ONLY COMPLETE THIS SECTION

PREVIOUS BUSfi\lESS (ownership): .__ ..__,__ _._.__ ._"__ _.." _-"" _.,_ -_._.."

PREVIOUS BUSINESS DiB/A: "., "._ ." _ ..,_... . ._._...... ._...". .._ ._,_._.__~

PREVlOUS BUSINESS ADDRESS: , _. .. .... .,, .__.__... .__._

PREVIOUS OWNER'S SIGNATURE: _ _._. __ _..__ _ __ _.__._.._ ..'__'_'

SEP 29 2010

Mayor's OfficeCIty of NaWpDrt

State of Rhode Island and Providence PlantationsState House

Providence, Rhode Island 02903·1196401·222-2080

Donald L. CarderiGovernor

September 7,2010

The Honorable Jeanne-Marie NapolitanoChairwoman/Mayor, Newport City Council43 BroadwayNewport,Rl 02840

Dear Ms. Napolitano:

It is my pleasure to inform you that the City ofNewport will receive a grant in the amount of$401,250 from the Rhode Island Community Development Block Grant (CDBG) Program.

Priority, this year, has been given to activities designed to improve or increase the supply ofhousing available to low and moderate income families. Among the excellent programs fundedstatewide this year are development of affordable housing opportunities; job training/developmentprograms assisting low-moderate income persons and various public facility, social andcommunity services agencies.

Approximately $5 million is being awarded to 31 Rhode Island communities. The number andquality ofapplications received is indicative ofthe commitment Rhode Island cities and townshave to provide decent housing, expand economic opportunity and improve the quality oflife inlocal neighborhoods.

Specifically, the City ofNewport is being awarded a grant of $401,250 for the followingactivities.

Broadway Pedestrian ImprovementsHousing OperatingChildlFamily Supportive HousingHousing HotlineStreetscapes ImprovementsNewport Skills AllianceWomen's Resource Center

$40,000$50,000$10,000$18,500$105,000$10,000$10,000

The Honorable Jeanne-Marie NapolitanoSeptember 7,2010Page 2

Newport Housing Authority, JobsEast Bay CAP, Health CenterEast Bay Health/DentalFlorence Gray GymCommunity Housing Land TrustEdgar Court Elderly HousingRebuilding TogetherMcKinney Day CenterBig BrothersAdministration

$ 5,000$ 9,789$10,000$12,211$ 1,250$40,000$ 1,500$10,000$ 3,000$60,000

I wish you every success with your community development projects. You may contact MichaelTondra at 222-2079 ifyou need further information.

Sincerely,\

~-t/G,.~Donald L. CarcieriGovernor

STATE OF RHODE ISLAND AND PROVIDENCE PLANTADEPARTMENT OF ENVIRONMENTAL MANAGEME

Office of Water ResourceslWater Quality Certification Prog am235 Promenade Street

Providence, Rhode Island 02908-5767

NOTICE

fllOBATE COliRTNEWPORT, RI

File Number: 10-043 DATE: September 29, 2010

The Office ofWater Resources has under consideration the application of:

Naval Station NewportAttn: David Dorocz

690 Perry StreetNewport, RI 02841

Requesting a State of Rhode Island Water Ouality Certification to replace four existing 60-inch corrugated metalpipe culverts with four 60-inch reinforced concrete pipe culverts. The existing concrete headwall, wingwalls, andfoundation will be maintained. New site work above the culverts will include road reconstruction with bituminousconcrete pavement, granite curbing, and a 4-foot wide concrete sidewalk on the west side of the road.

Project Location:City/Town:Waterway:

Gate 2 Culvert (Bridge 1366)/3'· Street ExtensionNewportHunters CreeklNatragansett Bay

Detailed plans and specifications rnay be viewed at the Office ofWater Resources in Provideuce.

The purpose of this NOTICE is to inform all landowners of properties adjoining the site of proposed activities andother interested individuals or agencies of the proposal and to provide for a period of thirty (30) days within whichcomments or concerns may be received. You are advised that if you desire io submit a statement or have goodreason to enter a protest against the proposed project, it is your privilege to do so. Objections to the proposedproject must be submitted in writing and relate to impacts to water quality from the proposed project activities. It isexpected that objectors will review the application and plans thorougWy, visit the site of proposed work, ifnecessary, to become familiar with the conditions, and cite which law or laws would be violated by the workproposed. The NOTICE period for this application ends at 4:00 p.m. on October 29, 2010. The Office of WaterResources cannot extend this NO'I'ICE period.

In accordance with the Administrative Procedures Act (Chapter 42-35 of the R.I.G.L.) you may request a hearing onthe matter. If you desire to request a hearing, your request must be submitted in writiug and be received by thisoffice on or before the NOTICE date above. If you request a hearing, you must attend the scheduled hearing· andgive sworn testimony. A notice of the time, location, and nature of such hearing will be furnished to you as soon aspossible after receipt of your request for hearing.

This serves as notice that the Rhode Island Department ofEnvironmental Management, Office ofWater Resources,Water Quality Certification Program has under consideration and review the above described project. The project isbeing reviewed for compliance with the State's Water Quality Regulations (AUTHORITY:m accordance withClean Water Act, as amended (33 U.S.C. 1251 et.seq.; Chapter 42-35 pursuant to Chapters 46-12 and 42-17.1 of theRhode Island General Laws of 1956, as amended).

Objections to the proposed project must be .submitted in writing and relate to impacts to surface water quality fromthe proposed project activity. It is expected that objectors will review the application and plans thorougWy.

If you have any questions related to this NOTICE, contact the Office of Water Resources, Water QualityCertification Program, 235 Promenade Street, Providence, RI 02908 (401) 222-4700.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONSDEPARTMENT OF ENVIRONMENTAL MANAGEMENT

Office of Water ResourceslWater Quality Certificatlou Program235 Promeuade Street

Provideuce, Rhode Island 02908-5767

NOTICE

File Number: 10-015 DATE: September 27, 2010

The Office ofWater Resources has under consideration the application of:

Newport Country ClubAttn: Mr. Turner C. Scott

122 Touro StreetNewport, RI 02846

Requesting a State of Rhode Island Water Oualitv Certification to perform a marsh restoration project. Specificactivities include constructing a headwall structure above the existing cnlvert located beneath the culvert located outhe seaward side ofOceau Avenue, cleaning out the existing culvert located beneath Ocean Avenue, and removiugexisting obstructions from the contignous tidal channel located landward ofOcean Avenue.

Project Location:City/Town:Waterway:

Ocean Avenne and Newport Country ClubNewportTidal Creek and coastal wetland

Detailed plaus and specifications may be viewed at the Office ofWater Resources in Providence.

The purpose of this NOTICE is to inform all landowners of properties adjoining the site of proposed activities andother interested individuals or agencies of the proposal and to provide for a period of thirty (30) days within whichcounnellls or concerns may be received. You are advised that if you desire (0 submit a statement or have goodreason to enter a protest against the proposed project, it is your privilege to do so. ObjectiOIis to the proposedproject must be submitted in writing and relate to impacts to water quality from the proposed project activities. It isexpected that objectors will review the application and plans thoroughly, visit the site of proposed work, ifnecessary, to become familiar with the conditions, and cite which law or laws would be violated by the workproposed. The NOTICE period for this application ends at 4:00 p.m. on October 27, 2010. TJ1e Office of WaterResources cannot extend this NOTICE period.

In accordance with the Administrative Procedures Act (Chapter 42-35 of the R.I.G.L.) you may request a hearing onthe matter. If you desire to request a hearing, your request must be submitted in writiug and be received by thisoffice on or before the NOTICE date above. If you request a hearing, you must attend the scheduled hearing andgive sworn testimony. A notice of the time, location, and nature ofsuch heariug will be furnished to you as soon aspossible after receipt ofyour request for hearing.

This serves as notice that the Rhode Island Department ofEnvironmental Management, Office ofWater Resources,Water Quality Certification Program has under consideration and review the above described project. The project isbeing reviewed for compliance with the State's Water Quality Regulations (AUTHORITY: in accordance withClean Water Act, as amended (33 U.S.c. 1251 et.seq.; Chapter 42-35 pursuant to Chapters 46-12 and 42-17.1 oflheRhode Island General Laws of 1956, as amended).

Objections to the proposed project must be submitted in writing and relate to impacts to surface water quality fromthe proposed project activity. It is expected that objectors will review the application and plans thoroughly.

If you have any questions related to this NOTICE, contact the Office of Water Resources, Water QualityCertificatiou Program, 235 Promenade Street, Providence, RI 02908 (401) 222-4700.

RECEIVE]:)

)STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DIVISION OF PUBLIC UTILITIES AND CARRIERSMotor Carriers Section89 Jefferson Blvd.Warwick, R.I. 02888(401) 941-4500

September 24, 2010

Mayor Jeanne-Marie NapolitanoCity of Newport43 BroadwayNewport, RI 02840

Dear Mayor Napolitano:

IOcr 04 2010

Mayor's Officil'!OIl)! of Newport'

FAX (401) 941-9161

)

)

Enclosed you wiIl find a copy of a notice of public hearing to be conducted by the Division of PublicUtilities and Carriers regarding the request of Newportravel, LLC to amend the start time of its Jitney tourservice that runs through your municipality.

Newportravel, LLC has filed this application under R.I.G.L. 39-13-3 and, because this proposedservice operates in your municipality, this agency is responsible under R.I.G.L. 39-13-5 to notify your officeof the pendency of such an application and the date, time and place of the hearing to consider said application.Please review the attached hearing notice and the proposed route and schedule to determine if yourcommunity would be affected, positively or negatively, by the granting of such an application and todetermine further if you wish to offer comment or participate more fully in the scheduled hearing.

If you have any questions regarding this matter, please feel free to contact the Division at (401) 780-2158.

Sincerely,

Terrence MercerAssociate Administrator

)

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONSDIVISION OF PUBLIC UTILITIES AND CARRIERS

89 Jefferson BoulevardWarwick, Rhode Island 02888

HEARING NOTICE

Pursuant to the provisions of Chapters 39-13,39-14-25 and 39-14.1-4 of theGeneral Laws of Rhode Island, the Division of Public Utilities and Carriers, MotorCarriers Division, hereby gives notice that it will conduct hearings into the applicationslisted below at the times and dates specified. The hearing will take place at 89Jefferson Boulevard, Warwick, Rhode Island in the Division hearing room. TheApplicant must appear in person.

Anyone wishing to protest an application must do so in accordance with theDivision Rules of Practice and Procedure. Anyone seeking Intervenor status for anyhearing described above must file a Motion to Intervene in that matter, in writing, withthe Division within seven (7) calendar days after the date Notice was given to the publicby legal notice in The Providence Journal-Bulletin. The Motion must conform to therequirements of Rule 17 of the Division's Rules of Practice and Procedure (available onthe Division's web site).

)

October 14,201010:00 a.m.10 MC 79

October 15, 20109:30 a.m.10 MC 80

October 15, 201010:00 a.m.10 MC 81

Taxicab Transfer - Gonzalez Cab, Inc., 485 Cranston Street,Providence, RI 02907, requests the transfer of its Taxicab

certificate MCT-362 for a total of one (1) taxicab forProvidence, Cranston, Johnston and T.F. Green Airport andTaxicab certificate MCT-363 for a total of fifteen (15)taxicabs for Cranston, Providence, North Providence andJohnston, to Jose Taxi, Inc., 222 Hanover Street,Providence, RI 02907, pursuant to RIGL 39-14-25.

Entourage Livery, Inc., 375 East Washington Street, NorthAttleboro, MA 02703, is requesting authority to operate as apublic motor vehicle pursuant to RIGL 39-14.1-4.

Jitney certificate holder- Newportravel, LLC (J-520), 1225Aquidneck Avenue, Middletown, RI 02842, is requestingauthority to change the start time of its "Early Bird" tour from7:30 a.m. to 1:00 p.m. and the start time of "The Best ofBristol" tour from 1:00 p.m. to 2:30 p.m. pursuant to Title 39,Chapter 13 of RIGL. The route and fare for each tour willremain unchanged.

Rebecca J. Harwood, ClerkMotor Carriers Division

) (9/23/10)

f2CITY OF NEWPORT, RHODE ISLAND

FROM YEAR TO YEAR, _

PUBLIC ENTERTAINMENT LICENSE APPLICATION

DATE: ,I oq- 07-/ 0

203 - SLIS-3J66

DBA Name:

Business Phone:

TO THE HONORABLE COUNCIL:

Corporate/Business Owner Name: I 'C f, '''''''''''n~'Z

Owner Address:1 I¥ CAlvlrt S-\-N.t.t (~'r3-T floor)

Owner City: I All!-lNlart- I State: @] Zip:

Owner Phone: I 20:3 ··SiS -'5/66 IFor Mailing Address (choose one): 'Use Business Location: OR Use Owner Address: ,/ OR Other Mailing Address:

License Number: IL_---,=~_

Yearly is June 1- May 31 GJCLASS:[frJ DURATION: 1_~A:.:.::nl1~u:::.;"I,-- _

orifDaiIy (list dates)kl/A-

HOURS: 2 AK (71-,,'->4, +.., 5".,{/',)

lAM (Ke.lt ..f ,'1e.."'If')

Location: I 547 Th">,(5 STru .1'

Ne-wp"r+ " ttl O';\'6~o~--:-_--':--_----'-------------ff~Si±;;i#

Initial Here that PLAN is attached thatspecifically delineates & defines location 0/entertainment: IVINITIAL HERE to acknowledge receipto/NOISE ORDINANCE If.5111 DATE: 07' (/'1-/0

Filing Fee -li2.- Date Paid: I2/1110 I LicenseFe~'~p~,Paid: I 1/1/ /0I ' , IJVO'lik:.. I

License Issued By: __ Date Issued: /t;1•••• - ~ •• - - - - - _ •••• __ • - - - - _. _. - - - - __ - - - - • - _. - - - - _. - - _. - - _."w • • • • ••• .' • ••• _

ANNUAL Class A (inside) $300 Class B (outside) $200(including tent) accessory onlyClass C (Class J Liquor) ($500)

P..~~~Y._S!!l.~~_~.~}? p.~~. ~~Y:. _. _....<;}~~~.~. I?~!y.. ~!_q J:)~~ .~~x_(M~!!!?_~~!.!?_ ~~!!Y: ~.I~~~.N...._..... ." _. __ ..._ACTION OF COUNCIL: ACTION DATE: _

of2 Entertainment License ApplicationJUNE I, 'ZO/O , TO MAY 31, z=//

PLEASE COMPLETE ALL CATEGORIES. Use "N/A" if not applicable. '.

Expected Attendance: _

AMPLIFICAnON? YeSDEEJAY? IJ IA-CONCERT?

lJ It\-BAND?

~\ JA-HOW MANY MUSICIANS?

MIAHOW MANY VOCALISTS?

1Il1A- .

TYPES OF MUSICAL INSTRUMENTS?1II1A"

DANCING? iJ}A-DANCE REVUE

AJIAMOVIES?

N1APLAYS?

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Seating Capacity: _---'I--=O_S' _

Parking Availability # of Vehicles: _--,-V""'-"-----))_'TI.lJi2.."'''"''-'-'''''''c.CT1-'-'"",~y=-,;!1-_5=-° _

Do you have a Liquor or Victualing License: __V"",-'c<.C!.-t"...:"''''A'''I;'J'''J--_L:::;-'.!<t'-''o->:fel2,. _

Your signature below indicates that you have reviewed the informatlim on this two pageform and agreedthat it is correct. Any change will require that a new application befiled with the City Clerk's Office.

SIGNATURE OF REPRESENTATIVE: l-c-::::::::===?¢::~~.;;;;<~··;7··---------1PRINTED NAME: 1_.-:F:.o.:...::.:...:L='-'=-----'.?:J==:i="-,-'-' 1 DATE: 0 ...- 07-!O I"' ..." """''1- 'lg oelf" '--__'--, _

TITLE: I 0 VJ I'Ve.. r

RESTRICTIONS:

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Benjamin C. & Lee A. Riggs15D Harrington Street

Newport, RI 02840Tel. 401/846-2540 Fax. 846-1032

[email protected]

September 21, 2010

City Council, City ofNewportCity Hall43 BroadwayNewport, RI 02840

i.:;'-; i:l-~ t

Re: Application of Shobeiri, d/bla Genie's Hookah Lounge, 547 Thames Street

Dear Members of the Council:

While we have no objection to a Hookah establishment per se, we are very concernedabout having one in this location.

This area of Lower Thames already has a severe parking problem, particularly duringevenings in the sununer season. Due to area bar and restaurant activity, residents oftencannot find a place to park on their own street.

This particular location has a capacity of 105 persons, and an estimated parkingrequirement for up to 50 cars. Even if the Wellington and other area lots were to beavailable and used, this would simply displace other customers into having to park on ourresidential streets. Without the closure of some existing barlrestaurant establishment, wejust cannot absorb a source of even a single additional car here.

In addition, the rear door and potential parking area for this Lounge faces a residentialstreet and around 40 condominiums. With entertainment and a 2AM closing, the noiseand trash problems would inevitably be unacceptable.

While we believe the proprietor of this establishment has good intentions, we believe thislocation is unworkable under any scenario, and strongly urge you to deny the requestedentertainment license.

Sincerely,

122'

'~

~i~~Jt-Lee~ ~

e,

15B Harrington StreetNewport, RI 02840September 27, 2010

Ci1y Council, Ci1y ofNewportCi1y Hall43 BroadwayNewport, RI 02840

RE: Application of Shobeiri, d/b/al Genie's Hookah Lounge, 547 Thames Street

Dear Members of the Ci1y Council:

I hope that you will give credence and attention to the plea of residents who would beadjacent to the proposed Hookah Lounge when we say that we are gravely concernedwith this proposition.

This area ofLower Thames already has a very difficult problem with parking as it is. Weare already competing for the few spaces there are with other restaurant and barestablishments. It is close to,impossible to find a parking space for residents, particularlyin the summer months.

In addition, there is a real "quali1y of life" issue here for the residents. This is justanother noisy establishment, (aka IYAC) which will have no regard for its neighbors.The front and rear doors will be open, facing the adjacent homes. It is proposed that thisestablishment remain open until 2 AM. This will make living here untenable. Theaccompanying noise, trash etc. that can be expected will only add to the reason onewonders when the wishes of neighbors who support the compatible development ofdowntown Newport will be heard.

Thank you for your time and attention and please turn down this application.

Sincerely,

~/~?~~.Mary Jacobson

bLf~,(ib b~-Marti: JaJobson

Subject: Hookah Lounge

Kate

... . _ •• ;1:;,... '- ...... , "'1111 m.,llt=L, I\IL,£YlWv~nZOn.neri·[email protected]

Kate, we own the condominium at 158 Harrington Street and are extremely unhappy about the prosl?ect of a hookah lounge at547 Thames Street.

This lounge will add to police activity, congestion. noise, and will degrade our property values and drive business away from lowerThames Street just at the time lower Thames is trying to develop a viable development plan.

Already this area is assaulted by noise and improper conduct centered on the IYAC. This so-called hookah lounge, featuringbelly dancing and tobacco among other substances that will inevitably creep in, will be a blight on the neighborhood. Why wouldthis even be seriously considered? There is no parking at all in the area- we cannot find room for our own cars or those of ourguests. And I promise that the police will be called over and over if this goes forward to deal with the unsavory conduct that willnow occur right outside our front door in the parking iots behind the proposed establishment.

Newport should be reducing or banning smoking in bars and lounges, not expanding the activity; Newport should be developing aviable plan for the improvement of lower Thames. not for its further degradation; Newport should be taking steps to attract viableand sustainable businesses to lower Thames, not driving out those businesses struggling to survive along this already blightedstreet. Newport should be taking steps to keep it attractive for seasonal tourists and residents to come to the City and to lowerThames; not driving them away. .

Do Council members really think a yacht brokerage can survive in the same building as this proposed lounge? Or that a wellknown nautical bookstore will long keep its location in the immediate vicinity? Or that new restaurants. businesses andresidences will grow up in a hookah bar neighborhood with belly dancers?

We calion the City Council to disapprove this proposal and to move on with sustainable and viable economic development inlower Thames Street area

Sincerely,

Martin and Mary Jacobson158 Harrington Street

..._ , ',-- -- .

To: Kate LeonardSubject: Fwd: Hookah Lounge '.Hi Kate:Cathy, my wife and I, also own directly next door to the Jacobson's at 15 C Harrington St and also have asecond home at 39 Pope Street.We both feel as strongly as Marty and Mary about this possible 'Hookah Lounge' on Thames Street.Please let us know who else we Can write to express our feeli,ngs against this enterprise coming intoour area.

It's time our local officials began thinking about those of us who live here instead of putting us on thedefensive and allowing some outside enterprise to drag down and jeopardize our home values and existingbusinesses.Thanks for your support.

Paul & Cathy McCarthy15C Harrington StreetNewport, RI 02840

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Business Phone: ItL(j I~ 2Lc:7-1l/S8 ~'-'--"-----"--;;~~~~

City:

Owner Address

Owner Phone:

Last printed 6/5/2007 10:54 All

JPAGE 10f2 CiTY OF NEWPOR:r, RHODE ISLANDDec. 1, _~ __ .Nov. 30, ~

VICTUALING LICENSE AJPJPLICAHONTO THE HONORABLE COUNCIL: DA'fE:

ILicense Number: CLASS: 12 L ILitter Rating from I[,2~,-- . City Clerk: . ..-J

DURATION: I ,4 Vlbt<U (Annual is DEC 1 thru NOV 30) or if Seasonal (list dates): IL .J

Estimated monetary I Iinvestment involved:

Hours of Operation: I [ l::. -5/)c<1'i'T (:. de) ,;!It?yl IDo you have Extended Hours of Operation (i.e. 2:00 am till 6:00 am)? D if yes, specify extended hours and days:

Hours: I IDays: I --.-J

Is liquor license application being submitted by the applicant? [MJ or will it be in the future? Dbaoaa·a~ ••••••• ~

Description andior rendering of architecture to be used (if changing). INITIALS: : Attached? (YES?No) : :......... 000 "'00 •• 00 0

Approved by Council _ Disapproved by Council _

Issued by Date _

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of2 Victualing License Application De' J.

Lastprinted 6/512007 10:54 AI10 Nov 30,

Owner:DBALocation:

I Number: I___________________ of Cars 10

ParkingLocation?

Plans attached or on-file (YES or NO):

Current Seating: I -...r-oParkingAvailable?

If NEW establishment -or- if NOT already "on-file", PLANS mllst be provided.If new establishment, provide detailed Site Plan showing entire premises, interior, exterior, seating capacity, dumpsterlocation, and parking area.

Garbage Disposal:

Location:

Type/Odor Prevention:

Weight per pickup:

Number of Cans:

Dumpster? IYej I

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Type ofBUSINESS:

Signatllre ofApplicant:

Your signature below indicates that you have reviewed the information on this two page form and agree that itis correct. Any change will require that a ne application be filed with the City Clerk's office.

DD.DDD.DDD •• DD •••• DD.D.~~~~e ~~D.DD.DD•••• D •••••••••• DDD •• D D •••• DU •••••••••••••••••••

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WHEREAS,

CITY OF NEWPORT

RESOLUTION

OF

THE COUNCIL

NO. __

there has been a Fort Adams guarding the mouth ofNarragansett Bay since 1799; and

WHEREAS, the current Fort Adams isarchitecture and engineering,its type in North America; and

a marvel of militarythe largest example of

WHEREAS, Fort Adams offers many educational opportunitiesillustrating American and naval history, militarystrategy, the defenses of Narragansett Bay and thehistory of the Irish community in Newport, amongothers; and

WHEREAS, Fort Adams is a unique attraction amongCity by the Sea forming the basis oftourism economy; and

many in thethe cultural

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

Fort Adams is an indispensib1e waterfront asset for theCity known for hosting world class events such as theNewport Folk and Jazz Festivals; and

Fort Adams has benefited from fifteen years of effortsby the Fort Adams Trust, the State of Rhode Island andothers to restore and stabilize important parts of theFort and to keep the Fort open to the public; and

The Fort Adams Trust has just completed a master planenvisioning improved public access to the interior ofthe Fort by securing dangerous spaces surrounding theimpressive 6.5 acre Parade field to allow self guidedtours and to facilitate greater appreciation of theFort; and

Question #4 on the November 2, 2010 ballot for an OpenSpace and Recreation Bond Issue includes $1.5 millionfor the purpose of accomplishing the first phase of themaster plan opening the fort. NOW THEREFORE BE IT

RESOLVED: the City of Newport expresses its support for Question#4 and for the continued preservation of Historic FortAdams.

NEWPORT CITY COUNCIL

IN COUNCILREAD AND PASSED


CITY OF NEWPORT

RESOLUTION

OF THE ADDED ITEM - #9-b

COUNCIL

NO.

WHEREAS, the Aquidneck Land Trust (“ALT”) has been

instrumental working with communities, residents,

landowners and philanthropic groups to protect the important open spaces lands on Aquidneck Island from development; and

WHEREAS, due to the efforts of the ALT and its partners,

well over 2,000 acres of land, both public and private, have been conserved in perpetuity for the lasting benefit of our island communities; and

WHEREAS, future generations of Aquidneck Island people will

benefit from the lasting fruits of this land conservation work in the form of beautiful scenic

vistas, public parks, local foods from local farms, clean water, nature trails, less traffic and demands for municipal services as a result of less development, biodiversity, etc.; and

WHEREAS, residents in the area surrounding King and Spencer

Parks in Newport have been diligent and caring in approaching the ALT to permanently protect both parks from development and protect public access and visual beauty for generations to come; and

WHEREAS, an agreement has been reached between the City of

Newport and the ALT. NOW, THEREFORE, BE IT RESOLVED: that today the City celebrates with the ALT and

thanks the residents who have achieved this worthwhile and important goal. AND BE IT FURTHER

RESOLVED: a special thank you is bestowed upon Christy Prior,

the Spencer family, the King family, the Newport Tree and Open Space Commission, and countless others for their caring of the people and land of Newport.

NEWPORT CITY COUNCIL

IN COUNCIL READ AND PASSED Kathleen M. Silvia City Clerk

CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO.

AN ORDINANCE IN AMENDMENT OF TITLE TWELVE OF THE CODIFIEDORDINANCES OF THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994,AS AMENDED, ENTITLED, "STREETS, SIDEWALKS AND PUBLIC PLACES."

BE IT ORDAINED by the City of Newport:

SECTION 1. Chapter 12.32 of the Codified Ordinances of the Cityof Newport, Revision of 1994, as amended, entitled "PARK ANDRECREATION AREAS," is hereby further amended as follows:

ADD: "Section 12.32.055. Ballard Park--Regulations.

"Rock Climbing is not permitted at any time in BallardPark."

SECTION 2. This ordinance shall take effect upon its passage andall ordinances and parts of ordinances inconsistent herewith arehereby repealed.

IN COUNCIL

READ AND PASSED


Communication # 4761/10Docket Date: October 13, 2010

City of Newport

REQUEST FOR CITY COUNCIL ACTION .To:From:Date:Subject:Staff Presentatiou:

RECOMMENDATION:

Mayor Jeanne-Marie Napolitano~ersof the City CouncilEdward F. Lavallee, City Manage _--October 5, 2010 .Energy Conservation Program - Bellevne Avenue Decorative StreetlightsWilliam R. Riccio, Jr., PE, Director of Public Services

Approve energy savings initiative to upgrade the lighting source components (i.e., retrofitting existing light fixtures withenergy efficient bulbs) of the Bellevue Avenue decorative street lights in order to realize annual cost savings for theCity.

BACKGROUND AND FINDINGS:

National Grid has implemented a program for Municipal Rebates toward energy efficiency initiatives associated withlighting modifications in order to conserve energy. This program is being administered by Energy Source ofProvidence,RI who has recently worked with the Department of Public Services and National Grid in order to analyze the existinglighting toward opportunities for cost savings for the 200+ decorative street light units along Bellevue Avenue. As aresult of this analysis, Energy Source has proposed retrofitting lighting fixtures into the existing street lights usinginduction lighting at a total cost of $104,152.00. As part of this program, National Grid is funding 40% of the associatedcosts which totals $41,660.00. The difference, $62,492.00, is to be funded by the City of Newport, as the owners of thelights.

Providing these modifications will produce a savings of 105,776 kilowatt hours annually at a projected annual savings of$11,297. The State Energy Office advised that the remaining costs associated with this project may be obtained from thepreviously awarded ARRA Energy Funds awarded to the City of Newport earlier this year as a qualifying project towardfund use. Accordingly, the City will realize cost savings at no cost to the City with the combined funding coming fromNational Grid Rebates and ARRA funds. .

PREVIOUS LEGISLATIVE ACTIONN..A.

FISCAL IMPACT

_ Currently Budgeted (Account __~~~ -l _ Requires additional appropriation X No Fiscal Impact

SUPPORTING DOCUMENTSResolutionProject ProposalCorporate Information

Finance Dept Review: Date By: _ (if applicable)

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No ..

WHEREAS: The City of Newport is committed to improving its energyefficiency; and

WHEREAS: National Grid has a subsidized program that provides a 40%cost share toward the retrofitting of the City owned and operateddecorative streetlights along Bellevue Avenue; and

WHEREAS: The actual cost ($62,492.00) to the City of Newport forthe City's portion of the retrofit project will be one hundredpercent (100%) offset through use of ARRA Energy Funds awarded tothe City of Newport for Energy Efficiency Projects and which willyield projected annual electricity savings to the City in an amountof $11,297.00. NOW THEREFORE BE IT

RESOLVED: The City of Newport shall allow work to commence on thisretrofit project associated with the Bellevue Avenue DecorativeStreetlights by Energy Source of Providence, Rhode Island underthis National Grid Municipal Program and the Mayor is authorized toexecute the agreement/work proposal on behalf of the City, subjectto favorable review by the City Solicitor.

IN COUNCIL

READ AND PASSED


". G"··,,·}f·SO."··I....··'~·I·:·.. ~." " .. :.., ; 'il!' ,,' H. I . ;'. -.",' :' l, -. ,',\...' i, 1<:

WW\Y.energysource.cc

86 Sutton Street Unit 1RProvidence, RI 02903Tel: 888.490. 7555Fax: 401.490.7805

CITY OF NEWPORT (ANTIQlJESTREET LIGHTING)

ANTlQUE STREET LIGHTING2010 CUSTOM NATIONAL GRIDLighting Conservation Improvements

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September 15,2010

City ofNewport280 Spring Street(Antique Street Lighting)Newport, RI 02840

Energy Source is pleased to present this proposal for energy conservation to City of Newport (AntiqueStreet Lighting). We trust you'll find this proposal a cost effective means to, not only redueing yourenergy bills, but also improving the light quality ofyour work spaee.

Other factors to consider as you evaluate this proposal are that existing lighting-related disruptions andmaintenance costs are eliminated until the new lighting system enters its end of life - typieally severalyears. Where possible, we've standardized the lamp type. This will allow you to maintain a singleinVentory of like lamps. Finally, the environmental impact of this' initiative has been documented furtherin this proposal. .

I hope you find this proposal informative, Ifyou have any questions please don't hesitate to contact me.

Since~, ,p,,~,--:7 :d1?1.>t:K'z::::;ra.~

James R. LavoieEnergy Source

September 15. 2010 Page 2

Proposed Energy Conservation Measures:

Billing Account Number (National Grid)7672771000

Energy Source shall retrofit the (76) ISO-walt HPS (190 watts total consumption) Antique Street lightingfixtures located in the above areas with (76) new high 85 watt Induction Kits. The new Induction Kit willbe retrofitted into the existing fixture head utilizing a 3000 kelvin temperature lamp and a InductionGenerator. The new system with the 85 watt lamp and Induction Generator ballast will give you lowerenergy cost and much better light quality.

150 watl UPS VB. 85 watt Induction

• Existing fixtures consume 190 walts per fixture the new fixtures consume 85 watts• Existing fixture has a re-strike time of 10- J5 minutes the new fixture is inslant• Existing lamp has a color-rendering index (CRI) of 65 the new lamp has a CRI of 90• Bxisting lamps provide 67% lumen maintenance compared to 88% for the new lamp• Existing lamps have a 20,000 hOllr life the new lamps have a 100,000 life

Billing Account Number (National Grid)5060547001

Energy Source shall retrofit the (76) ISO-watt HPS (190 watts total consumption) Antique Street lightingfixtures located in the above areas with (76) new high 85 watt Induction Kits. The new Induction Kit willbe retrofitted into the existing fixture head utilizing a 3000 kelvin temperature lamp and a InductionGenerator. The new system with the 85 walt lamp and Induction Generator ballast will give you lowerenergy cost and much belter light quality.

150 watt UPS vs. 85 watt Inducllon

• Existing ftxtures consume 190 watts per fixture the new fixtures consume 85 watts• Existing ftxture has a re-strlke time of 10-15 minutes the new fixture is instant• Existing lamp has a color-rendering index (CRI) of 6S the new lamp has a CRI of90• Existing lamps provide 67% lumen maintenance compared to 88% for thenew lamp• Existing lamps have a 20,000 hour life the new lamps have a 100,000 lite

September 15. 2010 Page 3

~.. ·'1".·''~.. SOUle!'. .- i.' ! \; !. ;. '. ~ '1;i '5. .. :. 1\ "._ .!_ •

BIlling Account Number (National Grid)6307945004

Energy Source shall retrofit the (78) ISO-watt HPS (190 watts total consumption) Antique Street lightingfixtures located in the above areas with (78) new high 85 watt Induction Kits. The new Induction Kit willbe retrofitted into the eXIsting fixture head utilizing a 3000 kelvin temperature lamp and a InductionGenerator. The new system with the 85 watt lamp and Induction Generator ballast will give you lowel'energy cost and much better light quality.

150 watt BPS vs. 85 watt Induction

• Existing fixtures consume 190 watts per fixture the new fixtures consume 85 watts• Existing fixture has a re-strike time of 10-15 minutes the new fixture is instant• Existing lamp has a color-rendering index (CRI) of65 the new lamp has a CRJ of90• Existing lamps provide 67% lumen maintenance compared to 88% for the new lamp• Existing lamps have a 20,000 hour life the new lmnps have a 100,000 life

September 1&. 2010 Page 4

City ofNewport, RI85 Watt QL Induction Retrofit Kit

16 3/8'.11(-','",'

Optumal Optical Assembly

QL Ind.u,ctiType 111 Mult""

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Section View

Executive SummaryFacility Lighting

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Seplembllr 15. 2010 Page 5

Investment Analysis

September 15, 201D Page 6

Ifyou decide to proceed with this proposal,Energy Souroe will be responsible for the following tasks:

>~;?lQ;t~it!~:-f:~~~~tt~""", '; .: lim:- ~": Ort(iit::t'·· ~:~i~:-;-(' 'H of 'i"::i":.":'{: .."::g:". "(k~;V;t~i;,;-'-> ~+'''~\L _-. _,_ ,-' ,-.,.' . ~. .tjn6~.,~\»1\, ,~111, ..,g;lll\ ) lillY' elll fI'.om,p, emL~$·" ,• Constmctiort ... .• llinal ~alk-through with you;; Development Md delivery ofcomprehensive project completion manual.

Included In that fee is a one-year warranty 011 all Jabor provided by Energy Source. Parts and materialsare covered by standard warranties provided by their manufacturers. The lamps have a two yearmanufacturer's warranty and the Induction Generator have Ii flve year manufacturer's warranty. Warrantyperiods begin when installation is completed. The oWner has a one-month period following thecompletion of the installation to accept or reject work perfonned by Energy Source, after which time wewill assume that the work has been accepted.

Energy Source assumes normal workday access to the job site and paymenl in full within 30 days afterreceipt of final invoice. Energy Source will not be held responsible for nonnal wear and tear. Theremoval and disposal ofasbestos and toxic malerials are the owner's responsibility. This proposal is validfor a pariod of 60 days from the date shown at the top of this proposal, after which time we will be happyto provide an adjusted quote if necessary.

September 16, 201D Page?

PROJECT COSTThe total project cost is $104.152. City of Newport (Antique Street Lighting) is eligible to receive anIncentive from National Grid for $41 ,660 that National Grid will pay directly to Energy Source uponcomplelion ofthis project. The final cost for City ofNewport (Antique Street Lighting) after the NationalGrid Incentive is applied will be $62,492. To be paid dlreclly to tbe National Grid In 24 installmentstbrougb the Eleclric Bill. This pricing is valid for sixty (60) days.

The costs of recycling of the HPS lamps will be paid by Energy Source and is included in the cost above.

NOTE: ExcludedjrolJlthe cosls presemed herein are any cosls or expenses arlslngjrolJlwork necess/tated by existing cond/I/ons which are nOI in compliance wilh codeor any unforeseen conditions.

I would like to take this opportunity to thank you for considering Ellergy Source for your eaergy conservationneeds. Ifyou have any questions please do not hesitate to contact me. .

James R. Lavoie

ACKNOWLEDGED AND ACCEPTED

City ofNewport (Antique Street Lighting) is in agreement with the scope ofwork and tenns as set forthin this proposal and that said services will be provided at a cosl of $62,492 (after National Grid Incentive)payable in (24) NATIONAL GRID ON BILL INSTALLMENTS AS FOLLOWS.

Account 757277 I000 ($860.37) I Totaling ($20.649)

Account 506054700 I ($860.37) I Totaling ($20,649)

Account 6307945004 ($883.08) I Totaling ($21.194)

BY: DATE:

P.O. NO:----- -_._---TITLE:

FED 10#: _

September Hi. 2010 Pag&8

Energy InitiativeCustom Measures

.....nationalgrid

Customer Report:

Application Number:

Report Date:

Report Version:

Customer Information

CITY OF NEWPORT

639360

09.14.2010

Proposed

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IpstallatlQn ConttJIctof Information

Installed By: PROJECT EXPEDITOR

Contact Person:

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Compony Nome:

Stre.t Address:

City:

State and lip:

Incentive Summary .

ENERGY SOURCE INC

86 SUTTON STREET UNIT lR

PROVIDENCE

RHODE ISLAND 02903

,-----,-------·----r---------------,Application Date:

Expected Completion Dale:

ProposedJ_".centive Recipient:

L007 • EI Custom

August 30,2010

Deeember I, 20111-----PROJECT EXPEDlTOR

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'C02 savings is based on onnua! kWh savings

Customer lUport: CITY OF NEWPORT

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New (76)85 walt Induction lighting

Eslimated Equil)ment Cost

Estimated Labor Cosl

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City:

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ENERGY SOURCE INC

86 SUTTON STREET UNIT lR

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RHODE ISLAND 02903

·C()2 savings is based on annual kWh savings·

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CITY OF NEWPORT639355 Date: 09-14-2010

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Summary 9f Planned Emciency Measures

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CITV OF NEWPORT

618936

09-13-2010

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ENERGY SOURCE INC

86 SUTTON STREET UNIT JR

PROVIDENCE

RHODE ISLAND 02903

--..-_._-------,.....----------......Application Date:

Expected Completion Date:

Proposed Incentive Recipient:

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June 21. 2010

December 1, 2010--------1

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Customer Report: CITY OF NEWPORT

Application Number: 618936; ali uI . hid , t 1III..1'll la'

Summary of Planned Efficiency Measures

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Date: 09·13-10III"iii j'. ",,' l'T itiiiijj;' "rnTi'f)'''''iiill ttl,

State of Rhode Island and Providence Plantations - Public Browse and Search

State of Rhode Island and Providence PlantationsOffice of the Secretary of State

Division Of Business Services148 W. River Street

Providence RI 02904-2615(401) 222-3040

Energy Source, Inc. Summary Screen

Page 1 of2

rnHelp with Ulis form

[ Request a Certificate 1

The exact name of the Domestic Profit Corporation: Energy Source. Inc.

Entity Type: Domestic Profit Corporation

Identification Number: 000134774

Date of Incorporation in Rhode Island: 02/17/2003

The location of its principal office:No. and Street: 86 SUTTON STREET, UNIT 1RCity or Town: PROVIDENCE

Effective Date: 09/17/2003

State: RI Zip: 02903 Country: USA

The mailing address or specified office:No. and Street:City or Town: State:

Agent Resigned: N

Zip: Country:

Address Maintained: Y

Name and address of the Registered Agent:No. and Street: 536 ATWELLS AVENUECity or Town: PROVIDENCEName: ROBERT A. D'AMICO II, ESQ.

The officers and all of the directors of the corporation:

State: RI Zip: 02909

Title

TREASURER

SECRETARY

PRESIDENT

Individual NameFirst, Middle, Last, Suffix

MICHAEL H. LEMOI JR.

DAVID DRAKE

MICHAEL H LEMOI JR.

AddressAddress, City or Town, State, Zip Code, Country

17 HUMMINGBIRD LANECRANSTON. RI 02921 USA

po BOX 77.1497 PLAINFIELD PIKECLAYVILLE. RI 02815 USA

17 HUMMINGBIRD LANECRANSTON, RI 02921- USA

The total number of shares and par value, if any, of each class of stock which the business entity is

http://ucc.state.ri.us/CorpSearch/CorpSearchSummary.asp?ReadFrornDB=True&UpdateAl... 1015/2010

Communication # 4762/1 0Docket Date: October 13, 2010

City ofNewport

REQUEST FOR CITY COUNCIL ACTION

To:From:Date:Subject:Staff Presentation:Applicant Presentation:

Mayor Jeanne-Marie Napolitano~~mbersof the City CouncilEdward F. Lavallee, City Manag~r27 September 2010Award of Bid #11-017- Martin Recreation Center Gym Floor RenovationWilliam R. Riccio, Jr., PE, Director of Public Services

RECOMMENDATION:The Department ofPublic Services recommends award to O'Sullivan Flooring Co., Inc., ofNorth Quincy, MA for thebid price of not to exceed (NTE) $13,115.00 for complete Gym Floor Renovation to Martins Recreation Gym.

BACKGROUND AND FINDINGS:The original gym floor in the Martin Recreation Center (also known as the Hut) was installed in 1954 and the originalflooring is still in place, well beyond the typical lifespan of such an active gym. This gym floor was last sanded 25 yearsago. Over the past few years several areas of the floor have begun to buckle. Generally, the floor condition isdeteriorating and in need of repair and resurfacing. Use of the gym by various adult programs generates substantialrevenues. Last winter the facility generated income approximating $33,342.55. Over an average winter week this gymsees over 100 hours of active use ranging from preschool playtime to Senior Citizen walking; with youth and adultbasketball, indoor soccer, flag football, and rugby conditioning fitting in as well.

The proposed sanding quote would correct these problems and put off the need for a new floor by as much as 20+ years.Staff had been projecting that the City would need to completely replace the entire floor at a cost of approximately$100,000 in the next 3 to 5 years. If this maintenance is performed now, the City could anticipate a great deal of savingsand extension of the life of the existing floor. The floor will be resurfaced and existing boards that are damaged will bereplaced during the process to eliminate potential hazards. This work will also allow savings related to annual floorrefinishing which currently costs the Recreation Department $1,200 in supplies, and Public Services staffing of 3 fulltime employees for 40 hours.

The City received three proposals: Rainbow Floors $13,600; O'Sullivan Flooring $13,115; and Universal Gold $16,395.Accordingly, acceptance of the low bid of O'Sullivan Flooring Co., Inc. is recomm~nded. They have performed similarwork at various municipal/school gym facilities including recent work in the Middletown School District with favorablereviews from the Director ofFacilities.

Beginning work in October would allow the City to have the gym floor work completed in time for the annualThanksgiving basketball tournament.

PREVIOUS LEGISLATIVE ACTION None

FISCAL IMPACT

_K... Currently Budgeted (Account 13-190-999-133610) _ Requires additional appropriation __ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionBid TabCorporate informationContract

Finance Dept Review: Date By: ---IbL__ (if applicable)

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No ..

WHEREAS: The City of Newport requested Sealed Bids forGym Floor Renovations at the Martin Recreation Center,Bid # 11-017. Bids were received on 16 Sept 2010; and,

WHEREAS: Award has been recommended to the lowest,most responsive bidder being O'Sullivan Flooring Co., Inc.,of North Quincy, MA at the bid price of $13,115.00.

NOW THEREFORE, BE IT RESOLVED: That the bid ofO'Sullivan Flooring Co., Inc., of North Quincy, MA ishereby accepted at a total not to exceed cost of $13,115.00and the Mayor is authorized to sign said contract onbehalf of the City, subject to favorable review by the CitySolicitor.



Tabulation of BID # 11-017 -Gym Floor Renovations(Recreation & Facilities)

Rainbow O'Sullivan UniversalFloors Flooring Gold

1. A complete evaluation, inspection and (100 HRS) (200 HRS) (180 HRS)restoration of vintage wooden gym floor $10,400 $11,120 $11,700

2. Materials (if purchased by Bidder) $3,200 $1,995 $4,695(Buckeye Brand Coliseum sanding sealer)

Bid Closed: 15 Sep 2010

1

Bid # 11-017

List the OffIcers of your Corporation or Principals of your LLC. Award can not be donewithout the attachment.

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. sysmmIrl ffgYrona~llAm someWhere In NeW t::ngland6l'{'oo.107.6;Our.~rm,ls.th6.oktEfSlln.Nov{-'Englemd, andwe compleled over 2.6 mlillonsqu,,,,·i\l.et.'lIymnoslulI\ ffOQ'" In2004..0ur 110m ·lllOlal.led 20gymneolum 600re tQtaling oval' 146;()0{) oqu.", feel Inall six New England slele. In 2004. W. s.nded andrellnl.hed 47 gym,'" 11.0 N.w Eng'ontlSlIlt<JSIn 2004.We oomplotod ovqr 400 oyms 01\ a s('..rean, ('..Iaan, amilJlOOetbasluln2004 olloeagalnlnaUslx Nsw Englandstates. Wa also Insloll eyililislio gYIl11100ro,tlle, 'oarpel,ond speolally tloo1'8 for dlenl.. .

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M F'M ACRARTERMEMBER

Reviewed:

Reviewed:

Reviewed:

Reviewed:

Approved:

City of NewportStandard Contract

For

Gym Floor Renovation(Bid # 11-017)

Date: _

Date: _

Date: _

Date: _

Date: _

1

This Contract (The "Contract") is made and entered into by and between the City of

Newport, (the "City") and O'Sullivan Flooring CO.,INC, of North Quincy Ma

(the "Contractor"). This Contract shall become effective on the date it is executed by

the last party to execute it ("the effective date").

This Contract is for a project identified as Gym Floor Renovations _

As outlined under Bid/Proposal # _11-017 (the "Project").

For and in consideration of the mutual promises, covenants, and agreements set forth

herein, and for other good and valuable consideration, the sufficiency of which is

hereby acknowledged, the City and the Contractor agree as follows:

ARTICLE 1

THE WORK OF THIS CONTRACT

The Contractor shall execute the entire work described in the Original Bid/Proposal

package and Contract Documents contained herein, except to the extent specified

indicated in the Contract Documents to be the responsibility of others, or as follows:____________,N/A'-- _

2

ARTICLE 2

DOCUMENTS INCORPORATED BY REFERENCE

This Contract references or includes the plans and specifications for the project as

identified thereon as such included in the original Bid/Proposal Package # _11-

017 , plus the following: N/A~ _

All of which are hereby incorporated herein by reference and made a part hereof.

Change Orders issued hereafter, and any amendments executed by the City and the

Contractor, shall become, and be a part of this Contract. Documents not included or

expressly contemplated in this Article 2, do not, and shall not, form any part of this

Contract.

ARTICLE 3

REPRESENTATIONS OF THE CONTRACT

In order to induce the City to execute this Contract and recognizing that the City is

relying thereon, the Contractor, by executing this contract, makes the following express

representation to the City:

(a) The Contractor is fully qualified to act as the contractor for the Project and has, and

shall maintain, any and all licenses, permits or other authorizations necessary to act

as the contractor for, and to construct, the Project.

(a) The Contractor has become familiar with the Project site and the Local conditions

under which the Project is to be constructed and operated.

3

(b) The Contractor has received, reviewed and carefully examined all the documents

which make up this Contract, including, but not limited to, the plans and

specifications, and has found them in all respects to be complete, accurate,

consistent, coordinated and sufficient for construction.

(c) The Contractor is familiar with all Federal, State, Municipal, and Departmental Laws,

Ordinances, Orders and Regulations, which may in any way affect the work of those

employed therein, including, but not limited to, any special acts related to the work

or Project of which it is a part;

(d) The Contractor is aware of the hazards involved in the work and the danger to life

and property, both evident and inherent, and the Contractor will conduct the work

in a careful and safe manner without injury to person or property.

ARTICLE 4

INTENT AND INTERPRETATION

With respect to the intent and interpretation of this Contract, The City and the

Contractor agree as follows:

(a) This contract, together with the Contractor's and Surety's performance and payment

bonds for the Project, if any, constitute the entire and exclusive agreements

between the parties with reference to the Project, and said Contract supersedes any

and all prior discussions, communications, representations, understandings,

negotiations, or agreements. This Contract also supersedes any bid/proposal

documents not incorporated herein pursuant to Article 2.

(b) Anything that may be required, implied or inferred by the documents which make up

this Contract, or anyone or more of them, shall be provided by the Contractor for

the Contract Price;

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(c) Nothing contained in this Contract shall create, nor be interpreted to create, private

or any other relationship whatsoever between the City and any person except the

contractor;

(d) When a word, term, or phrase is used in this Contract, it shall be interpreted or

construed first, as defined herein; second, if not defined, according to its generally

accepted meaning in the industry, and third, if there is no generally accepted

meaning in the industry, according to its common and customary usage;

(e) The Contractor shall have a continuing duty to read, examine, review, compare and

contrast each of the documents which make up this Contract, shop drawings, and

other submittals and shall give written notice to the City of any conflict, ambiguity,

error or omission which the Contractor may find with respect to these documents

before proceeding with the affected work. The express or implied approval by the

City of any shop drawings or other submittals shall not relieve the Contractor of the

continuing duties imposed hereby, nor shall any such approval be evidence of the

Contractor's compliance with this Contract.

(f) However, The City makes no representation or warranty of any nature whatsoever

to the Contractor concerning such documents. The Contractor, again hereby

acknowledges and represents that it has received, reviewed and carefully examined

such documents, has found them to be complete, accurate, adequate, consistent,

coordinated and sufficient for construction, and that the Contractor has not, does

not, and will not rely upon any representations or warranties by the City concerning

such documents, as no such representations or warranties have been or are hereby

made;

(g) In the event of any conflict, discrepancy, or inconsistency among any of the

documents which make up the Contract, the following shall control:

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(1) As between drawing and specifications, the specifications shall govern;

(2) As between figures given on plans and scaled measurements, the figures shall

govern;

(3) As between this document and the plans or specifications, this document shall

govern.

ARTICLE 5

OWNERSHIP OF DOCUMENTS WHICH MAKE UP THE CONTRACT

The document which make up this Contract, and each of them, as well as any other

documents furnished by the City, shall remain the property of the City. The City shall

provide the Contractor with a sufficient number of copies of the complete Contract as

the City determines necessary. The Contractor shall have the right to keep the

Contractor's executed set; provided, however, that in no event shall the Contractor use,

or permit to be used, any portion or all such Contract on other projects without the

City's prior written authorization. All sets in usable condition, with the exception of the

Contractor's executed set, shall be returned to the City at the completion of the work or

termination of the Contract.

ARTICLE 6

CONTRACTOR'S PERFORMANCE

The Contractor shall perform all of the work required, implied or reasonably inferable

for this Contract including, but not limited to the following:

(a) Complete the Project;

(b) The Furnishing of any required surety bonds and insurance.

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(c) The provision and furnishing, and prompt payment therefor, of labor, supervision,

services, materials, supplies, equipment, fixtures, appliances, facilities, tools,

transportation, storage, power, fuel, heat, lights, cooling, or other utilities, required

for completion of the project and all necessary building permits and other permits

required for the Project;

(d) The creation and submission to the City of detailed and comprehensive as-built

drawings depicting all as-built construction (if necessary). Said (as-built) drawings

shall be submitted to the City upon final completion of the Project and receipt of

same by the City shall be a condition precedent to final payment to the Contractor.

ARTICLE 7

TIME FOR CONTRACTOR'S PERFORMANCE

(a) The Contractor shall commence the performance of this Contract within ten (10)

calendar days after the Notice to Proceed and shall diligently continue its

performance to and until final completion of the Project (subject to winter

shutdown period if necessary as provided for in Article 8, Paragraph (L)). The

Contractor shall accomplish Substantial Completion of the Project on or before the

dates established pursuant to Paragraph (K) and (L) in Article 8.

ARTICLE 8

PAYMENT TO CONTRACTOR

(a) The City shall pay, and the Contractor shall accept, as full and complete payment

for the Contractor's timely performance of its obligation hereunder, the Contract

sum oCThirteen Thousand One Hundred Fifteen Dollars ($ _13,115.00__).

The price set forth in this Paragraph 8, shall constitute the Contract Price, which

shall not be modified except by a Change Order as provided by this Contract.

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(b) All contracts in excess of $1,000.00 are subject to RIGL and required by state law

and CFR-29 to pay state prevailing wage. "The Davis-Bacon" Act and prevailing

wage applies Certified payrolls must be submitted on a weekly or by-weekly basis

along with payment requests.

(c) The City shall pay the Contract Price to the Contractor in accordance with the

procedures set forth in this Paragraph 8. On or before the 15th day of each month

after commencement of performance, but no more frequently than once monthly,

the Contractor may submit a Payment Request for the period ending the 31st day of

proceeding the month. Said Payment Request shall be in such format and include

the City may require. Each Payment Request shall be signed by the Contractor and

shall constitute the Contractor's representation of the quantity of work has reached

the level for which payment is requested. And that the work has been properly

installed or performed in strict compliance with this Contract and that the

Contractor knows of no reason why payment should not be made as requested.

Thereafter, the City shall review the Payment Request and may also review the

work at the Project site or elsewhere to determine whether the quantity and quality

of the work is as represented in the Payment Request and is as required by this

Contract. The City shall approve in writing the amount which, in the opinion of the

City, is properly owing to the Contractor. The payment of the Contractor's invoice

will be made no later than thirty (30) days after the receipt of the invoice.

(d) The City shall retain a percentage of the progress or monthly payment claimed

including approved change orders. The retainage shall remain a ten (10%) percent

until seventy-five (75%) percent of the Contract is complete, as determined by the

City. At that time, if the City decides the Contractor is making adequate progress,

the City may reduce retainage to five (5%) percent of the dollar value of all work

satisfactorily complete to date, including change orders. Any further reductions in

the retainage amount shall be at the City's discretion. The City shall pay the

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retainage to the Contractor within ninety (90) days of the date the work is accepted

by the City unless a dispute exists with respect to the work.

(e) Upon Substantial Completion, the City may reduce the amount of retainage to the

final retainage of five (5%) percent of the dollar value of all work satisfactorily

completed to date, including approved change orders plus an additional retainage

based on the City's estimate of the fair value of any punch list items and the cost of

completing and/or correcting such incomplete or defective items or work. As these

items are completed, they shall be paid for out of the retainage until Final

Completion and the City declares Acceptance of Work. The final 5% retainage shall

be paid to the Contractor by the City within ninety (90) days of the date the work is

accepted by the City, unless a dispute exist with respect to the work.

(f) Upon final Completion and Acceptance of the Work, the City shall issue a certificate

attached to the final payment request stating that the City under the conditions of

the Contract Documents has accepted the Work. The entire balance to be due the

Contractor shall be paid to the Contractor within ninety (90) days of the Final

Completion and Acceptance of Work.

(g) When payment is received from the City, the Contractor shall immediately pay all

subcontractors, materialmen, laborers, and supplies the amounts they are due for

work covered under such payment. In the event the City becomes informed that

the Contractor has not paid a subcontractor, materialmen, laborers or suppliers, as

provided herein, the City shall have the right, but not the duty to issue future

checks and payments to the Contractor of amounts otherwise due hereunder

naming the Contractor and any such subcontractors, materialmen, laborer, or

supplier as joint payees. Such joint check procedure, if employed by the City, shall

create no rights in favor of any person or entity beyond the right of the named

payee to payment of checks and shall not be deemed to commit the City to repeat

the procedure in the future.

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(h) Neither payment to the Contractor, utilization of the Project for any purpose by the

City, nor any other act or omission by the City shall be interpreted or construed as

an acceptance of any work of the Contractor not strictly in compliance with this

Contract.

(i) The City shall have the right to refuse to make payment and, if necessary, may

demand the return of a portion or all of the amount previously paid to the

Contractor due to:

(1) The quality of a portion, or all, of the Contractor's work not being in

accordance with the requirement of this Contract;

(2) The quantity of the Contractor's work not being as represented in the

Contractor's Payment Request, or otherwise;

(3) The Contractor's rate of progress being such that, in the City's opinion,

Substantial or Final Completion, or both, may be inexcusably delayed;

(4) The Contractor's failure to use Contract funds, preViously paid the Contractor

by the City, to pay Contractor's Project-related obligations including, but not

limited to, sUbcontractors, laborers, material and equipment suppliers;

(5) Claims made, or likely to be made, against the City or its property.

(6) Loss caused by the Contractor;

(7) The Contractor's failure or refusal to perform any of its obligations to the City.

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(8) Failure to provide certified payrolls in accordance with Davis Bacon wage

determinations and Rhode Island General Laws.

In the event that the City makes a written demand upon the Contractor for amounts

previously paid by the City as contemplated in this paragraph, the Contractor shall

promptly comply with such demands.

U) When Substantial Completion has been achieved, the Contractor shall notify the

City in writing and shall furnish to the City a listing of those matters yet to be

finished. The City will thereupon conduct and inspection to confirm that the work is

in fact Substantially Complete. Upon its confirmation that the Contractor's work is

Substantially Complete, the City will so notify the Contractor in writing and will

therein set forth the date of Substantial Completion. If the City, through its

inspection, fails to find that the Contractor's work is Substantially Complete, and is

reqUired to repeat all, or any portion, of its Substantially Completion inspection, the

Contractor shall bear the cost of such repeat inspection(s) which cost may be

deducted by the City from any payment then or thereafter due the Contractor.

(k) When the Project is finally complete and the Contractor is ready for final inspection,

it shall notify the City thereof in writing. Thereupon, the City will perform a final

inspection of the Project. If the City confirms that the Project is complete in full

accordance with this Contract and the Contractor has performed all of its

obligations to the City hereunder, the City will furnish a final Approval for Payment

certifying that the Project is complete and the Contractor is entitled to the

remainder of the unpaid Contract Price, less any amount Withheld pursuant to this

Contract. If the City is unable to issue its final Approval for Payment and is

reqUired to repeat its final inspection of the Project, the Contractor shall bear the

cost of such repeat inspection(s), which costs may be deducted by the City from

the Contractor's final payment.

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(I) The Contractor is to begin work within ten (10) days after the Notice to Proceed

and shall complete the work within 35 consecutive calendar

days. If the Contractor fails to complete the work as set forth in the paragraph

B(l), the Contractor shall pay the City the sum of _One

Hundred Dollars Dollars ($ _100.00 ) per

day for each and every calendar day of unexcused delay in completing the work.

Any sums due and payable hereunder by the Contractor shall be payable, not as a

penalty, but as liquidated damages representing an estimate of delay damages

likely to be sustained by the City, estimated at or before the time of executing this

Contract. When the City is reasonably believes that the date of completion will be

unexcuseable delayed, the City shall be entitled, but not required, to withhold from

any amounts otherwise due the Contractor an amount then believed by the City to

be adequate to recover liquidated damages applicable to such delays. If and when

the Contractor overcomes the delay in achieving completion of the work, or any

part thereof, for which the city has withheld payment, the City shall promptly

release the Contractor those funds Withheld, but no longer applicable, as liqUidated

damages.

(m) The Time for completion noted above has been developed upon assumptions that

the work may be suspended during winter shutdowns if necessary. The Director of

Public Works, in the City of Newport, shall determine winter shutdowns for this

Project. The time period specified for completion of the work in paragraph (k)

above shall be suspended during such winter shutdowns. The Contractor shall plan

on winter shutdown period based upon these dates unless otherwise directed by

the City. The winter shutdown dates are subject to change depending on weather

conditions. The City shall notify the Contractor in writing if there is a change in the

winter shutdown period due to weather, environmental or other conditions, which

preclude the work from being executed in accordance with these documents.

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(n) Prior to being entitled to receive final payment, and as a condition precedent

thereto, the Contractor shall furnish to the City, in the form and manner required

by the City:

(1) An affidavit that all of the Contractor's obligations to subcontractors, laborers,

equipment or materials suppliers, or other third parties in connection with the

Project, have been paid or otherwise satisfied;

(2) If requested by the City, separate releases of lien or lien waivers from each

subcontractor, lower-tier subcontractor, laborer, supplier or other person or

entity who has, or might have a claim against the City or the City's property;

(3) If applicable, consent(s) of surety to final payment;

(4) All product warranties, operating manuals, instruction manuals, and other

record documents, drawings, and things customarily required of the

Contractor, or expressly required herein, as part of or prior to Project closeout.

ARTICLE 9

MUNICIPAL POLICE TRAFFIC CONTROL

The Cost of Municipal Police Traffic Control shall be paid in accordance with RIGL §37

12-10. The Contractor shall be responsible for scheduling Municipal Police Officers for

traffic control purposes through the Police Department for the City of Newport. If

traffic control assignments are cancelled without twenty-four (24) hours' notice, the

Contractor is responsible to pay the City of Newport for the hours Police Officers would

have worked, if it had not been for the untimely cancellation of the assignment. The

City at its sole discretion may require such scheduling be pre-approved by the Public

Works Department. The Contractor is responsible for all highway safety equipment for

traffic control purposes including, but not limited to proper signage and traffic cones.

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ARTICLE 10

CEASE AND DESIST ORDER

In the event the Contractor fails or refuses to perform the work as required herein, the

City may instruct the Contractor to CEASE and DESIST from performing further work in

whole or in part. Upon request of such instruction, the Contractor shall immediately

cease and desist as instructed by the City and shall not proceed further until the cause

of the City's instruction has been corrected, or no longer exists, or the City instructs

that the work resume. In the event the City issues instructions to cease and desist, and

in the further event that the Contractor fails and refuses within seven (7) calendar days

of receipt of same to provide adequate assurance to the City that the cause of such

instructions will eliminate or corrected, then the City shall have the right, but not the

obligation, to carry out the work with its own forces, or with the forces of another

Contractor, and the Contractor shall be fully responsible and liable for the costs of

performing such work by the City. The rights set forth herein are in addition to, and

without prejudice to, any other rights or remedies that the City may have against the

Contractor.

ARTICLE 11

DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR

In addition to any and all other duties, obligations and responsibilities of the Contractor

set forth in this Contract, the Contractor shall have and perform the following duties,

obligations and responsibilities to the City:

(a) The Contractor is again reminded of its continuing duties set forth in Subparagraph

4 (e) which are by reference hereby incorporated in this Subparagraph 10 (a). The

Contractor shall not perform work without adequate plans and specifications, or, as

appropriate, approved shop drawings, or other submittals. If the Contractor

performs work knowing or believing it involves an error, inconsistency or omission

14

in the Contract without first providing written notice to the City and the Architect,

the Contractor shall be responsible for such work and pay the cost of correcting

same;

(b) All work shall strictly conform to the requirements of this Contract;

(c) The Work shall be strictly supervised, the Contractor bearing full responsibility for

any and all aspects or omissions of those engaged in the work on behalf of the

Contractor;

(d) The Contractor hereby warrants that all labor furnished under this Contract shall be

competent to perform the task undertaken, that the product of such labor shall

yield only first-class results, that all materials and equipment provided shall be new

and of high quality, that the completed work will be complete, of high quality,

without defects, and that all work strictly complies with the requirements of this

Contract. Any work not strictly complying with the requirements of this

Subparagraph shall constitute a breach of the Contractor's warranty;

(e) The Contractor shall obtain and pay for all reqUired permits, fees and licenses

customarily obtained by the Contractor. The Contractor shall comply with all legal

requirements applicable to the work.

(f) The Contractor shall employ and maintain at the Project site, only competent

supervisory personnel.

(g) The Contractor shall keep an updated copy of this Contract at the Project site.

Additionally, the Contractor shall keep a copy of approved shop draWings and other

submittals. All of these items shall be available to the City at all regular business

hours. Upon final completion of the work, all of these items shall be finally updated

and prOVided to the City and shall be come property of the City.

15

(h) The Contractor shall maintain the Project site in a reasonably clean condition during

performance of the work. Upon final completion, the Contractor shall thoroughly

clean the Project site of all debris, trash and excess materials or equipment.

(i) At all times relevant to this Contract, the Contractor shall permit the City to enter

upon the Project site and review or inspect the work without formality or other

procedure.

(j) All contracts in excess of $1,000.00 are subject to RIGL and required by state law

and CFR-29 to pay state prevailing wage. "The Davis-Bacon" Act and prevailing

wage applies Certified payrolls must be submitted on a weekly or by-weekly basis

along with payment requests.

ARTICLE 12

DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CITY

(a) Except for permit fees, which are the responsibilities of the Contractor, the City shall

secure and pay for necessary approvals, easements, assessments and charges

required for the construction, and services performed pursuant to the Contract.

(b) If the Contractor fails to correct work, which is not in accordance with the

requirements of the Contract, and persistently fails to carry out the work in

accordance with the Contract, the City, by a written letter, may order the Contractor

to stop all work, or any portion thereof, until the cause of such order has been

eliminated; however, the right of the City to stop the work shall not give rise to a

duty on the part of the City to exercise this right for the benefit of the Contractor,

or any other person or entity.

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(c) Upon completion and acceptance of the work, the City shall issue a certificate

attached to the final payment request that the City under the conditions of the

Contract has accepted the work.

ARTICLE 13

"OR EQUAL" CLAUSE

(a) Whenever a material or article required is specified or shown on the draWings by

using the name of the proprietary product of the particular manufacturer or

vendor, any material or article which will perform adequately the duties imposed by

the general design may be considered equal and satisfactory prOViding the material

or article so proposed is of equal substance and function in the City's opinion. It

shall not be purchased or installed without the City's written approval. In all cases,

new material shall be used in the Project.

(b) If more than one brand, make of material, device, or piece of equipment is shown

or specified, each should be regarded as the equal of the other. Any other brand,

make of material, device or equipment, which in the opinion of the City or its

Authorized Representative, is the recognized equal of that specified (considering

quality, workmanship, and economy of operation), and is suitable for the purpose

intended, may be accepted.

ARTICLE 14

INDEMNITY

The Contractor shall indemnify and hold the City harmless from any and all claims,

liability, damages, loss, cost and expense of every type whatsoever, including, without

limitation, attorney's fees and expenses, in connection with the Contractor's

performance of this Contract, provided that such claims, liability, damages, loss, cost of

expense is due to sickness, personal injury, disease or death, or loss or destruction of

17

tangible property (other than the work itself), including loss of use resulting therefrom,

to the extent caused by the Contractor, or anyone for whose acts the Contractor may

be liable, regardless of whether such liability, claim, damage, loss or expense is caused

in part by the City.

ARTICLE 15

CLAIMS BY THE CONTRACTOR

Claims by the Contractor against the City are subject to the following terms and

conditions:

(a) All Contractor claims against the City shall be initiated by a written claim submitted

to the City. Such claims shall be received by the City no later than seven (7)

calendar days after the event, or the first appearance of the circumstances, causing

the claim, and the same shall set forth in detail all known facts and circumstances

supporting the claim;

(b) The Contractor and City shall continue their performance hereunder regardless of

the existence of any claim submitted by the Contractor.

(c) In the event the Contractor discovers previously concealed and unknown site

conditions which are materially at variance from those typically and ordinarily

encountered in the general geographical location of the Project, the Contract Price

shall be modified, either upwards or downward, upon the written claim made either

party within seven (7) calendar days after the first appearance to such party of the

circumstances. As a condition precedent to the City having any liability to the

Contractor due to concealed and unknown conditions, the Contractor must give the

City written notice of, and an opportunity to observe such condition prior to

disturbing it. Failure by the Contractor to give written notice and make the claim as

provided by this Subparagraph 12(c) shall constitute a waiver by the Contractor of

any rights arising out of or relating to such concealed and unknown condition.

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(d) In the event the Contractor seeks to make a claim of an increase in the Contract

Price, as a condition precedent to any liability of the City therefor, the Contractor

shall strictly comply with the requirements of Subparagraph 12(a) above, and such

claim shall be made by the Contractor before proceeding to execute any additional

or change work. Failure of the condition precedent to occur shall constitute a

waiver by the Contractor of any claim for additional compensation.

(e) In connection with any claim by the Contractor against the City for compensation in

excess of the Contract Price, any liability of the City for the Contractor's cost shall

be strictly limited to direct cost incurred by the Contractor and shall in no event

include indirect costs or consequential damages of the Contractor. The City shall

not be liable to the Contractor for claims of third parties including subcontractors,

unless and until liability of the Contractor has been established therefor in a court

of competent jurisdiction.

(f) In the event the Contractor shall be delayed in performing any task which at the

time of the delay is then critical, or which during the delay, becomes critical, as the

sole result of any act or omission by the City or someone acting in the City's behalf,

or by City-authorized Change Orders, unusually bad weather not reasonably

anticipatable, fire or other Acts of God, the date for achieving Substantial

Completion, or, as applicable, final completion, shall be appropriately adjusted by

the City upon the written claim of the Contractor to the City. A task is critical within

the meaning of this Subparagraph 12(f), if and only if, said task is on the critical

path of the Project schedule so that delay in performing such task will delay the

ultimate completion of the Project. Any claim for an extension of time by the

Contractor shall strictly comply with the requirements of Subparagraph 12(a)

above. If the Contractor fails to make such claims as required in this Subparagraph

12(f), any claim for an extension of time shall be waived.

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ARTICLE 16

SUBCONTRACTORS

Upon execution of this Contract, the Contractor shall identify to the City, in writing,

those parties intended as subcontractors on the Project. The City shall, in writing, state

any objections the City may have to one or more of said subcontractors. The

Contractor shall not enter into a subcontract with any intended subcontractor with

reference to whom the City objects. The Contractor shall not award work to a

subcontractor(s) in excess of fifty (50%) percent of the Contract Price, without prior

written approval of the City. All subcontracts shall afford the Contractor rights against

the subcontractor, which corresponds, to those rights afforded to the City against the

Contractor herein. Nothing contained in this Contract shall create any contractual

relation between any subcontractor and the City.

ARTICLE 17

WAGE RATES

(a) There shall be paid to each laborer or mechanic of the Contractor or subcontractor

engaged in the work on the Project under this Contract in the trade or occupation,

an hourly wage rate pursuant to §37-13-7 of the General Laws of the State of

Rhode Island regardless of any contractual relationship which may be alleged to

exist between the Contractor or any subcontractor and such laborers and

mechanics.

(b) If, after the award of the Contract, it becomes necessary to employ any person in a

trade or occupation not classified in the contract, such person shall be paid at not

less than a rate to be determined by the same authority which established the

other wage rates for this Contract. Such approved minimum rate shall be

retroactive to the time of the initial employment of such person in such trade or

occupation. The Contractor shall notify the City of his intention to employ persons

20

in trades or occupations not classified in sufficient time for the City to obtain

approved rates for such trades or occupations.

(c) The foregoing specified wage rates are minimum rates only, and the City will not

consider any claims for additional compensation made by the Contractor because of

payment by the Contractor of any wage rate in excess of the applicable rate

contained in this Contract. The Contractor shall adjust all disputes in regard to the

payment of wages in excess of those specified in this Contract.

(d) Except as may otherwise be required by law, all claims and disputes pertaining to

the classification of labor employed on the Project under this Contract, shall be

decided by the City's governing body or other duly designated official.

ARTICLE 18

CHANGE ORDERS

One or more changes to the work within the general scope of this Contract may be

ordered by a Change Order. The Contractor shall proceed with any such changes, and

the same shall be accomplished in strict accordance with the follOWing terms and

conditions:

(a) Change Order shall mean a written order to the Contractor executed by the City

after execution of this Contract, directing a change in the work and may include a

change in the Contract Price or the time for the Contractor's performance, or any

combination thereof;

(b) Any change in the Contract Price resulting for a Change Order shall be determined

as follows:

21

(1) By mutual agreement between the City and the Contractor as evidenced by (a)

the Change in the Contract Price being set forth in the Change Order, (b) such

change in the Contract Price, together with any conditions or requirements

relating thereto, being initialed by both parties and (c) the Contractor's

execution of the Change Order; or,

(2) If no mutual agreement occurs between the City and the Contractor, the

Change in the Contract Price, if any, shall be derived by determining the

reasonable actual costs incurred or savings achieved, resulting from revisions

in the work. Any such costs or savings shall be documented in the format and

with such content and detail as the City may require.

(c) The execution of a Change Order by the Contractor shall constitute conclusive

evidence of the Contractor's agreement to the ordered changes in the work, this

Contract as thus amended, the Contract Price and the time for performance by the

Contractor. The Contractor, by executing the Change Order, waives and forever

releases any claim against the City for additional time or compensation for matters

relating to or arising out of or resulting from the work included within or affected

by the executed Change Order.

(d) The Contractor shall notify and obtain the consent and approval of the Contractor's

surety with reference to all Change Orders if such notice, consent or approvals are

required by the City, the Contractor's surety or law. The Contractor's execution of

the Change Order shall constitute the Contractor's warranty to the City that the

surety has been notified of, and consents to, such Change Orders and the surety

shall be conclusively deemed to have been notified of such Change Order and to

have expressly consented thereto.

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ARTICLE 19

DISCOVERNING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK

(a) In the event that the Contractor covers, conceals or obscured its work in violation

of this Contract or in violation of a directive from the City, such work shall be

uncovered and displayed for the City's inspection upon request, and shall be

reworked at no cost in time or money to the City.

(b) If any of the work is covered, concealed or obscured in a manner not covered by

Subparagraph 15(a) above, it shall, if directed by the city, be uncovered and

displayed for the City's inspection. If the uncovered work conforms strictly to this

Contract, the cost incurred by the Contractor to uncover and subsequently,

replaces such work shall be borne by the City. Otherwise, such costs shall be

borne by the Contractor.

(c) The Contractor shall, at no cost in time or money to the City, correct work rejected

by the City as defective or failing to conform to this Contract. Additionally, the

Contractor shall reimburse the City for all testing, inspection and other expenses

incurred as a result thereof;

(d) In addition to its warranty obligations set forth elsewhere herein, the Contractor

shall be specifically obligated to correct any and all defective or nonconforming

work for a period of twelve (12) months following final completion upon written

direction from the City.

(e) The City may, but in no event be reqUired to, choose to accept defective or

nonconforming work. In such event, the Contract Price shall be reduced by the

greater of (1) the reasonable cost of removing and correcting the defective or

nonconforming work, and (2) the difference between the fair market value of the

Project as constructed and the fair market value of the project had it not been

23

constructed in a manner as to include defective or nonconforming work. If the

remaining portion of the unpaid Contract Price, if any, is insufficient to compensate

the City for the acceptance of defective or nonconforming work, the Contractor

shall, upon written demand from the City, pay the City such remaining

compensation for accepting defective or nonconforming work.

ARTICLE 20

TERMINATION BY THE CONTRACTOR

If the City repeatedly fails to perform it material obligations to the Contractor for a

period of thirty (30) days after receiving written notice from he Contractor of its intent

to terminate hereunder, the Contractor may terminate performance of his Contract by

written notice to the City. In such event, the Contractor shall be entitled to recover

from the City as though the City has terminated the Contractor's performance under

this Contract for convenience pursuant to Subparagraph 18(a) hereunder.

ARTICLE 21

CITY'S RIGHT TO SUSPEND CONTRACOR'S PERFORMANCE

(a) The City shall have the right at any time to direct the Contractor to suspend its

performance, or any designated part thereof, for any reason whatsoever, or

without reason, for a cumulative period of up to thirty (30) calendar days. If any

such suspension is directed by the City, the Contractor shall immediately comply

with same;

(b) In the event the City directs a suspension of performance under this paragraph 21,

through no fault of the contractor, the City shall pay the Contractor as full

compensation for such compensation the Contractor's reasonable cost, actually

incurred as paid, of:

24

(1) demobilization and remobilization, including such costs paid to sUbcontractors;

(2) preserving and protecting work in place;

(3) storage of material or equipment purchased for the Project, including

insurance thereon;

(4) Performing in a later or during a longer time frame than that contemplated by

this Contract.

ARTICLE 22

TERMINATION BY THE CITY

The City may terminate this Contract in accordance with the following terms and

conditions:

(a) The City may, for any reason whatsoever, terminate performance under this

Contract by the Contractor for convenience. The City shall give written notice of

such termination to the Contractor specifying when termination becomes effective.

The Contractor shall also terminate outstanding orders and subcontracts. The

Contractor shall settle the liabilities and claims arising out of termination of

subcontracts and orders. The City may direct the Contractor to assign the

Contractor's right, title and interest under termination orders or subcontracts to

the City or designee. The Contractor shall transfer title and deliver to the City

such completed or partially completed work and materials, equipment, parts,

fixtures, information and Contract rights as the Contractor has. When termination

for convenience, the Contractor shall be compensated as follows:

(1) The Contractor shall submit a termination claim to the City specifying the

amount due because of termination for convenience together with cost,

pricing or other data required by the City. If the Contractor fails to file a

25

termination claim within one (1) year from the effective date of termination,

the City shall pay the Contractor, an amount derived in accordance with

Subparagraph (3) below:

(2) The City and the Contractor may agree to the compensation, if any, due to

the Contractor hereunder;

(3) Absent agreement to the amount due the Contractor, the City shall pay the

Contractor the following amounts:

a) Contract prices for labor, materials, equipment and other services

accepted under this Contract;

b) Reasonable costs incurred in preparing to perform and in performing

the termination portion of the work, and in termination the Contractor's

performance, plus a fair and reasonable allowance for job-site overhead

and profit thereon (such profit shall not include anticipated profit or

consequential damages); provided however, that if it appears that the

Contractor would not have profited or would have sustained a loss if the

entire Contract would have been completed, no profit shall be allowed

or including and the amount of compensation shall be reduced to reflect

the anticipated rate of loss, if any;

c) Reasonable cost of settling and paying claims arising out of the

termination of subcontracts or orders pursuant to Subparagraph 18(a)

of this Contract. These Costs shall not include amounts paid in

accordance with other provisions hereof.

(4) The Total sum to be paid the Contractor under this Subparagraph 18(a), shall

not exceed the total Contract Price as properly adjusted, reduced by the

26

amount of payments otherwise made, and shall in no event, include

duplication of payments.

a) If the Contractor does not perform the work, or any part thereof, in a

timely manner, supply adequate labor, supervisory personnel or proper

equipment or materials, or if it fails to timely discharge its obligations for

labor, equipment, and materials, or proceeds to disobey applicable law, or

otherwise commits a violation of a material provision of this Contract, then

the City, in addition to any rights it may have against the Contractor or

others, may terminate the performance of the Contractor and assume

possession of the Project site and of all materials and equipment at the site

and may complete the work. In such case, the Contractor shall not be paid

further until the work is complete. After final completion has been achieved,

if any portion of the Contract Price, as it may be modified hereunder, remains

after the cost to the City of completing the work, including all costs and

expenses of every nature incurred, has been deducted by the City, such

remainder shall belong to the Contractor. Otherwise, the Contractor shall pay

and make whole the City for such costs. This obligation for payment shall

survive the termination of the Contract. In the event the employment of the

Contractor is terminated by the City for cause pursuant to this Subparagraph

18(b) and is subsequently determined by a Court of competent jurisdiction

that such termination was without cause, such termination shall thereupon be

deemed a Termination for Convenience under Subparagraph 18(a) and the

provision of Subparagraph 18(a) shall apply.

27

ARTICLE 13

INSURANCE

The Contractor shall carry and maintain the following insurance coverage at his own

expense:

(a) All insurance for this Contract shall be written by a company (or companies)

acceptable to the City and all policies or certificates shall be submitted to the City

for examination prior to commencement of operations by the Contractor. In the

event any policy or certificate, the amount of insurance, or company writing it, is

not satisfactory to the City, the Contractor shall secure other policies or certificates

in form and amount with a company satisfactory to the City. The Contractor shall

not permit policies to be changed, cancelled, or to lapse and all policies shall

include a clause to the effect that the policy shall not be subject to cancellation of

a reduction in the limits of liability or amounts of insurance until notice has been

sent by mail to the City stating when, (not less than thirty (30) days thereafter)

such cancellation or reduction shall be effective. All certificates of insurance shall

be delivered to the City and contain true transcripts for the policy or policies

authenticated by the proper officer of the insurer evidencing in partiCUlar, those

insured, the extent of the insurance, the location and operation to which the

insurance applies, the expiration date and the above mentioned notice as to the

location and operations involved.

If any part of the work is sublet, similar insurance shall be proVided by or in behalf

of the subcontractor to cover their operations. The Contractor shall be charged

with the responsibility for insurance protection for all his subcontract operations

and should the Contractor's policy not cover each and every subcontractor,

certificates of insurance acceptable to the City covering each and every

subcontractor shall be filed with the City prior to the commencement of

subcontract operations.

28

(b) Contractor's Liability Insurance.

Liability insurance shall include all major divisions of coverage and be on a

comprehensive general liability basis including:

Premises - Operations (including X-C-U)

Independent Contractor's Protective

Products and Completed Operations

Blanket Contractual

Owned, Non-owned and Hired Motor Vehicle

Broad Form Coverage for Property Damage (including explosion, collapse, and

underground)

(c) The insurance required by this Subparagraph (b) shall be written for not less that

the following, or grater if required by Law:

(1) Worker's Compensation:

a. State of Rhode Island - Statutory

b. Employer's Liability

(2) Comprehensive General Liability (including Premises Operations; Independent

Contractor's Protective; Products and Completed Operations, Broad Form

Property Damage);

a. Bodily Injury:

$1,000,000 - Each Occurrence

$1,000,000 - Annual Aggregate

b. Property Damage



29

c. Products and Completed Operations to be maintained for one (1) year

after final payment.

d. Property Damage Liability will provide X, C, or U coverage as applicable.

(3) Contractor's Liability:

a. Bodily Injury:


b. Property Damage:



(4) Personal Injury, with Employment Exclusion deleted:


(5) Comprehensive Automobile Liability:

a. Body Injury:

$500,000 - Each Occurrence


b. Property Damage:


(6) Property Insurance

The Contractor shall purchase and maintain property insurance upon the

entire Work site to the full insurable value thereof. This insurance shall

include the interests of the City, the Contractor, and Subcontractors and shall

30

insure against the perils of fire and extended coverage and shall include "ALL

RISK" insurance for physical loss or damages including, without duplication

of coverage, theft, vandalism and malicious mischief.

a) Insurance Covering Special Hazards:

Special Hazards shall be covered by rider or riders to the Public Liability

and Property Damage Insurance policy or policies herein above required

to be furnished by the Contractor or by separate policies of insurance in

the amounts stated in Paragraph 5(c).

(1) Property Damage Liability arising out of the collapse of or injury to any

building or structure due to excavation (including burrowing, filling or back

filling in connection therewith), tunneling, pile driving, cofferdam work or

caisson work; or moving, shoring, underpinning, razing, or demolition of any

building or structure, or removal or rebuilding of any structural support

thereof.

(2) Property Damage Liability for injury to or destruction of property arising

directly or indirectly from blasting or explosions, however caused, other than

explosions of air or steam vessels, piping under pressure, prime movers,

machinery, or power transmitting equipment.

(3) Property Damage Liability for injury to destruction of wires, condUits, pipes,

mains, sewers, or other similar property, or any apparatus in connection

therewith below the surface of the ground arising form and during the use of

mechanical equipment for the purpose of excavating or drilling within project

limits; injury to or destruction of property at any time resulting therefrom.

(4) The Contractor shall require similar insurance in such amounts to be taken

out and maintained by each and every Subcontractor.

31

(d) "ALL RISK" Insurance:

The Contractor shall require and maintain "ALL RISK" type Builder's Insurance.

This insurance shall be in an amount equal to 100% of the insurable portion of

the Project, and shall be for the benefit of the City, the Contractor and each

Subcontractor as their interest may respectively appear.

ARTICLE 24

SURETY BONDS

The Contractor shall be licensed to do business in the State of Rhode Island and

shall furnish separate performance and payment bonds to the City. Each bond

shall set forth a penal sum in the amount of not less than the Contract Price.

Each bond furnished by the Contractor shall incorporate by reference the terms of

this Contract, as fully as through they were set forth verbatim in such bonds. In

the event the Contract Price is adjusted by Change Order executed by the

Contractor, the penal sum of both the performance bond and the payment bond

shall be deemed increased by that amount. The performance and payment bonds

furnished by the Contractor shall be in the form suitable to the City and shall be

executed by a surety, or sureties, reasonably acceptable to the City.

ARTICLE 25

PATENTS

The Contractor shall pay all applicable royalties and license fees. The Contractor

shall defend all suites or claims for infringement of any patent rights, and save the

City harmless from loss on account thereof, except that the City shall be

responsible for any such loss on when a particular process, design, or product of a

manufacturer(s) is specified. However, if the Contractor has reason to believe

that the design, process or product specified is an infringement of a patent; the

32

Contractor shall be responsible for such loss unless the Contractor promptly gives

such information to the City.

ARTICLE 26

APPRENTICES

Apprentices shall be permitted to work only under a bona fide apprenticeship

program registered with a State Apprenticeship Council, which is recognized by

the Federal Committee of Apprenticeship, United States Department of Labor; or if

no such Council exists in a State, under a program registered with the Bureau of

Apprenticeship, United States Department of Labor.

ARTICLE 27

ASSIGNMENTS

The Contractor shall not assign the whole or any part of this Contract or any

monies due or to become due hereunder, without the written consent of the City.

In case the Contractor assigns all or any part of any monies due or to become due

under this Contract, the instrument of assignment shall contain a clause

substantially to the effect that is agreed that the right of the assignee in and to

any monies due or to become due to the Contractor shall be subject to prior

claims of all persons, firms or corporations for services rendered or materials

supplied for the performance of the work called for in this Contract.

ARTICLE 28

APPLICABLE LAW

The Law is hereby agreed to be the law of the State where the Project is situated.

33

ARTICLE 29

SUCCESSORS AND ASSIGNS

Each party binds itself, its successors, assigns, executors, administrators, or other

representatives to the other party hereto and to successors, assigns executors,

administrators or other representatives of such party in connection with all terms and

conditions of this Contract.

CITY

The City of Newport

City Hall

43 Broadway

Newport, RI 02840

By:

(Signature)

, Mayor

(Printed Name and Title)

(Date of Execution)

Approved as to legal form and sufficiency:

34

CONTRACTOR

By:

(Signature)

(Printed Name and Title)

(Date of Execution)

Joseph J. Nicholson, JR. City Solicitor


City of Newport


To:From:Date:Subject:

Staff Presentation:

Mayor Jeauue-Marie NapolitauoFebe of the City ConucilEdward F. Lavallee, City Manage.October 4, 2010Newport Couuty Fuud "Commou Ground" Grant Application- ExpalldHealthyCommunities Demonstration Grant ProjectSlIsan Cooper, Director of Recreation

RECOMMENDATION:

To apply for a "Common Ground" grant for $25,000 from the Newport County Fund to expand the impact of the 2010"ACHIEVE" Healthy Communities Demonstration grant received by the City of Newport. This partnership developmentproject will build on and expand the existing efforts of the Community Health Action and Response Team (CHART),Newport Hospital, Newport Public Schools and the Newport School Committee's wellness committee. The emphasiswill be to introduce a unified effort to create policy, system and enviromnental changes to reduce chronic diseasecountywide by increasing "healthy options".


Newport was named one of 10 communities receiving the NRPA "Healthy Communities" grant funding in 2010. TheAction Communities for Health, Innovation and Enviromnental Change (ACHIEVE) grant, is building on communityefforts and collaborations to address chronic disease risk factors of physical inactivity, poor nutrition, and tobacco use inNewport. The new grant application builds on this established partnership to expand its work into a greater collaborationeffort. The purpose is to establish common assets and risk factors among all the county communities. If a policy is to beeffective, it will be much more effective if it's duplicated in the neighboring communities. The $25,000 grant does notrequire a match except for in-kind services. The funding is for 1 year, and if the planning efforts are successful,additional grants will be solicited to provide technical support and in measuring outcomes for a total of 3 years.

PREVIOUS LEGISLATIVE ACTIONResolution #2010-33 dated February 24,2010 - "ACHIEVE" Healthy Communities Demonstration GrantResolution #2010·128 dated August 25, 2010· Playful City USA

FISCAL IMPACT

_ Currently Budgeted (Account -') _ Requires additional appropriation .le No Fiscal Impact

Existing staff services only as in-kind match

SUPPORTING DOCUMENTSResolution - Common Ground grant applicationACHIEVE Healthy Communities· Newport background informationNewport County Fund Grant Application Information

Finance Dept Review: Date By: ---- (if applicable)

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No ..

WHEREAS, the City of Newport has been recognizedin 2010 with an "ACHIEVE" HealthyCommunities Demonstration Grant by theCenters for Disease Control, and as a"Playful City USA" Community;

WHEREAS, the City of Newport has been recognizedin the past, as a "Step Up to Health"community; and an AARP LivableCommunity; and

WHEREAS, the "Common Ground" grant program ofthe Rhode Island Foundation, NewportCounty Fund, offers an opportunity toengage neighboring communities in aneffort to share the positive results ofhealthy lifestyle choices, model bestpractices, and create an effectiveregional approach to develop sustainablepolicies and environment for youth andfamilies. NOW HEREFORE BE IT

RESOLVED: that the City Council supports the CityAdministration's grant application forfunding through the Rhode IslandFoundation's Newport County Fund for a"Common Ground grant" to expand theefforts of the "ACHIEVE" HealthyCommunities Demonstration Project toprovide support county-wide for policy,system, and environmental changes and thatthe Mayor is authorized to sign anydocuments deemed necessary for said award,upon review of the City Solicitor'soffice, on behalf of the City

IN COUNCIL

READ AND PASSED


Newport County Fund:

Common Ground Grants

This new initiative promotes regional collaboration by encouraging organizations to identify commonground in meeting the diverse needs of Newport County. Common Ground grants will support creativecollaborative projects that cross institutional boundaries and the borders of Newport County's six citiesand towns. This program seeks projects that take advantage of regional relationships to build strongerorganizations through collaboration across Newport County.

NCF will consider proposals for project collaborations in six sectors: arts and culture, community andeconomic development, education, environment, health, and human services or other area ofdemonstrated need. Projects adopting a multi-sector focus are strongly encouraged.

In awarding these grants, NCF is looking for opportunities to foster innovation and achieveorganizational efficiencies in the design and delivery of a variety of programs and services. Proposalsthat reduce duplication of service and provide strategies for long-term sustainability will be given specialconsideration.

The application deadline is October 14, 2010.

Eligibility

This competitive grants program provides support for the planning and implementation of collaborativeprojects for nonprofit, 501(c) organizations and municipal departments located and operating inNewport County. Awards will be made to one organization in the partnership to support the programcollaboration. Grants will range from $20,000-$50,000. NCF expects to award three to five grants fromthis program in 2010.

Eligible projects must include:

• Partnership between 2 or more unaffiliated organizations• Evidence of a demonstrated commitment to collaborative ways of working or regional

approaches to community issues or needs• Work may be focused in one sector or mUltiple sectors• Serve one Newport County community or mUltiple communities• Public program component to share project concept or outcomes with the community

Successful applications will demonstrate:

• Alignment with NCF's mission• Focus on a significant problem or opportunity in the county• Innovation in approach or project design• Capacity and leadership to complete the proposed work• Measurable results• A plan for long-term sustainability where relevant

The Newport County Fund does not fund individuals or scholarships, capital or endowment efforts,medical research, debt reduction, fundraising events, or campaigns to elect candidates to public office.Grants may support faith-based organizations for secular programs or projects.

As a Foundation-established fund with geographic focus, the Newport County Fund awards grants thatserve to supplement, not replace, the Foundation's current statewide grantmaking programs. Grant

support from NCF will not reduce eligibility to apply to The Rhode Island Foundation for other grantsupport.

Grants are awarded annually, on a year-to-year basis. Successful projects may reapply for additionalfunding, but NCF does not make multi-year commitments.

Please note: Projects that previously have received support from the Foundation must submit interimor final reports before the Newport County Fund can award a new grant.

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCil

WHEREAS, the National Recreation and ParkAssociation (NRPA) has recentlyawarded the City of Newport a 2010"ACHIEVER Healthy CommunitiesDemonstration Grant in the amount of$35,000.00; and

WHEREAS, the "ACHIEVER Healthy CommunitiesDemonstration Grant Program providesthree years of support for policy,system, and environmental changes thatwill strengthen a coalition ofcommunity partners and develop andimplement a community action plan toaddress chronic disease risk factors.

-NOW THEREFORE BE IT

RESOLVED: that the City Council receives theNRPA 2010 ACHIEVE Healthy Communitiesgrant and that the Mayor is authorizedto attend any pertinent programs andto sign any documents deemed necessaryfor said award, upon review the CitySolicitor's· office, on behalf of theCity.

IN COUNCIL

READ AND PASSED

~Abruary 24, 2010

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

WHEREAS, the City of Newport hasrecognized in 2010 as a "playfulUSA" Community; and

beenCity

WHEREAS, the City of Newport has also beenrecognized in 2010 with an "ACHIEVE"Healthy Communities DemonstrationGrant; and

WHEREAS, the City of Newport has beenrecognized in the past, as a "step Upto Health" community by the NationalRecreation & Parks Association; andnational AARP as a LivableCommunity; and Sports Illustrated's50 th anniversary "Sports Town USA"for Rhode Island; and

WHEREAS, a "Carol White PE-Bet' cha Can" granthas been awarded to the Newport PublicSchools to increase daily physicalactivity & nutrition. NOW THEREFORE BEIT

RESOLVED: that the City Council supports thenational designation as a 2010"Playful City USA" and mobilize theexisting community resources to insureaccess to children's play and that theweek of September 18 - September 26,2010 will be known as Newport'sOutdoor Play Week cUlminating with acommunitywide "Celebration of Play".

IN COUNCIL

READ AND PASSEDAugust 25, 2010


City of Newport


To:From:Date:Subject:Staff Presentation:

RECOMMENDATION:

Mayor Jeanne-Marie Napolitano & Members of the City CouncilEdward F. Lavallee, City Manager ~i ."

October 1,2010 (J'" ..CSO Stakeholders WorkgroupJulia A. Forgue, Director of Utilities

The formation of the CSO Stakeholders Workgroup was approved per Resolution No 2010-120. The Department hassolicited members from the various interest groups and present for Council approval the requests for membershipreceived to date.


At the Council Workshop on the CSO Program held June 2, 2010, CH2M Hill presented an outline for forming aStakeholders Workgroup to assist with public outreach as we proceed with implementing the CSO Long Term ControlProgram. In the presentation on June 2nd the makeup of the workgroup was suggested in order to have a good crosssection of representation. Council Resolution No. 2010-120 also added additional liaisons for the workgroup.

The names that have been submitted to represent the various CSO Stakeholder Workgroup interest groups are presentedon the attachment for City Council approval.

The representatives from the following interest groups are stillbeing solicited: .

Alliance for a Livable NewportBusiness RepresentativeFishing IndustriesMarine IndustriesNewport and Bristol County Convention & Visitors BureauEPASave the Bay

PREVIOUS LEGISLATIVE ACTIONResolution 20 I0-120

FISCAL IMPACT_ Currently Budgeted (Account ) _ Requires additional appropriation ..lL No Fiscal Impact

SUPPORTING DOCUMENTSListing of prospective workgroup members

Finance Dept Review: Date By: _ (if applicable)

GROUP

Ad Hoc Committee

Beach Commission

City ofNewportCSO Program Stakeholder Workgroup

Proposed Representatives and AlternatesOctober I, 2010

REPRESENTATIVE

Raymond Smedberg

Charles Wright

ALTERNATE

Dave McLaughlin

Kathleen Shinners

City ofNewport:Dept. of Public ServicesDept. of PlanningHarbormaster

Naval Station Newport

Newport County Chamberof Commerce

Rhode Island Department ofEnvironmental Management

Roger Williams University,School of Engineering

Town of Middletown

William RiccioPaige BronkTimothy Mills

James Carlson

Jody Sullivan

Eric Beck

Gilbert Brunnhoeffer

Shawn Brown

Eric EarlsWilliam Hanley

William Monaco

Ed Lopes

Angelo Liberti

B. Gokhan Celik

Tom O'Loughlin

City Resident-at-Iarge (2 representatives) the following have applied:

Stuart K. Mills, Jr., 6 Champlin PlaceRoger Slocum, 7 Alpond DriveThomas Cornell, 2A Gibbs Avenue

WHEREAS,

CITY OF NEWPORT

RESOLUTION

OF

THE COUNCIL

NO.2010-120

the City of Newport awarded a contract to CH2M Hill,Inc. for Professional Services as Program Manager forImplementation of the City's Combined Sewer Overflow(CSO) Long Term Plan pursuant to City pursuant toResolution #2010-27;and

WHEREAS, a Task requested per the ContractInc. to assist the City withactivities associated with the CSOassist the City with the formationand

is for CH2M Hill,public education

Long Term Plan andof a stakeholders;

WHEREAS,

RESOLVED:

RESOLVED:

IN COUNCIL

CH2M Hill, Inc. presented a suggested makeup with abroad cross secti.on of representation of aStakeholders Workgroup for the City's CSO Long TermControl Program at the June 2, 2010 City CouncilWorkshop • NOW THEREFORE BE IT

that the recommendation as presented at the June 2,2010, workshop for the formation of the CSOStakeholders Workgroup by City Administration isapproved and will include a liaison from the CityCouncil and, among others, representatives of the BeachCommission and fishing industry. AND BE IT FURTHER

that final approval of the CSO Stakeholders Workgroupmembership· shall be made by the City Council.

READ AND PASSEDAugu",t 11,2010,


City ofNewport

REQUEST FOR CITY COUNCIL ACTIONTo:From:Date:Subject:Staff Preseutatiou:

Mayor Jeauue-Marie Napolitauo~~s of the City CouucilEdward F. Lavallee, City Mauagett'uOctober 1, 2010Award of Bid # B-OB-Thames St. Sanitary Sewer Interceptor RehabilitationJnlia A. Forgue, Director of Utilities

RECOMMENDATION:The Department of Utilities staff recommends the award of the construction contract for the base bid for the ThamesStreet Sanitary Sewer Interceptor Rehabilitation to the lowest responsive bidder, Spiniello Companies, Livingston, NJfor the base bid of $4,299,984.00 and Added Alternate of $50,000. An allowance of $100,000.00 for Police Details wasincluded in the bid documents however this will be paid for directly by the City. The total recommended expenditure forthis project shall be $4,449,984.00. Funding for this project will be provided by the Clean Water State Revolving LoanFunds (SRF).

BACKGROUND AND FINDINGS:The Thames St. Sanitary Sewer Interceptor Rehabilitation - Proj. # 11-0 II entails the slip lining of approximately 6200LF of existing "egg shaped" brick gravity sanitary sewer; identification and reconnection of active services;rehabilitation and coating of existing manholes; replacement of manhole frames and covers; installation of newmanholes; and restoration of disturbed roadway surfaces (asphalt and cobblestone). The project limits are in ThamesStreet from Touro Street to Morton Avenue. During the project the coutractor is responsible for maintaining existingsewer services with by pass pumping as necessary. The Contractor is also required to implement controls and utilizeappropriate measures to mitigate noise and odors. Vehicle access shall be maintained along Thames St. at all timesduring the work. Pedestrian access to residential, retail, restaurants and businesses shall be maintained at all times. Fiveaccess manholes along Thames Street are proposed and have been identified in the contract documents for the slip liningprocess in order to provide the largest work area possible for the Contractor while minimizing impact to daily activitiesalong Thames Street. The Contractor shall also verify that connections to the interceptor are sanitary sewer laterals priorto reconnection after slip lining. The Specifications require all work to be completed by May 1,2011. Included in thebid proposal is an alternate item for an accelerated completion by April I, 2011. The specifications allows theContractor to mobilize immediately after execution of the contract to begin the necessary surveying and measuring forfabrication of the liner, cleaning of the sewer, lateral testing, and removal of abandoned pipe crossings in preparation forthe slip lining. However, the specifications require no work of any nature to be conducted in Thames St. between TouroSt. and Hammond St. from November 25,2010 through January I, 2011. The actual slip lining process will begin inJanuary 20II and proceed north to south along Thames St.

The City solicited bids from utility contractors for the Thames Street Sanitary Sewer Interceptor Rehabilitation Projectand four (4) bids were received. Upon opening of the bids, the City's design engineer, CH2M Hill reviewed the unitprices and qualification documentation provided. CH2M Hill's detailed Bid Summary is attached.

Based on the conclusions from the review of the bids and qualification documentation provided it is recommended thatthe contract for the project be awarded with the Added Alternate to Spiniello Companies as the lowest responsible andresponsive bidder.

PREVIOUS LEGISLATIVE ACTION - n/a

FISCAL IMPACTX Currently Budgeted (Ace!: 10-190-5000-50440/Activity I04322)_Requires additional appropriation No FiscalImpact

SUPPORTING DOCUMENTSResolutionBid tabulationCH2M Hill Bid SummaryCorporate Information

Finance Dept Review: :!ll£ Date By: _;~~'---_ (if applicable)

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No .

WHEREAS: The City of Newport requested Sealed Bids forThames Street Sanitary Sewer Interceptor Rehabilitation,Bid # 11-011. Bids were received on 24 Sep 2010.

WHEREAS: Award has been recommended to the lowest,most responsive bidder being Spiniello Companies ofLivingston, NJ, for their Base Bid of $4,399,984 and theAdded Alternate of $50,000. Total bid price of SpinielloCompanies was $4,449,984. An allowance of $100,000 forPolice Details was included in the bid documents; howeverthis cost will be paid directly by the City. Accordingly, thetotal bid award for Spiniello will be $4,349,984 and thetotal project cost will be $4,449,984.

NOW THEREFORE, BE IT RESOLVED: That the bid ofSpiniello Companies of Livingston, NJ, is hereby acceptedat a total not to exceed (NTEl cost of $4,349,984 and theMayor is authorized to sign said contract on behalf of theCity, subject to favorable review by the City Solicitor.



TABLE 2: BID TABULATIONCiTY OF NEWPORT, RI • THAMEContract: 11·011 Metra Industries, Inc.Bid Date: September 241 2010

ITEM IDESCRIPTlDN PRICE TOTAL PRICE'tHI\Ml;$'$tR..etsANltMY,INtl;R 7~ Or :,'t':r,t':,,',

1 Mobilization/Demobilization $400,000,00 $400,000.002 Furnishing and Installing Sliplin $824,00 $5,067,600.00

Rehabilitating and Installing Me3 Manhole Chimneys $6,000.00 $222,000.00

Furnishing and Installing 60-lnc4 Pits). Includes frames and cove $10,000.00 $50,000.00

Furnish and Install and Manhol5 Reinforcing Slab on Existing M $7,500.00 $270,000,00

Rehabilitate and Install Mono~~Manholes SMH-87-23.1 and S

6 SMH-110-44 and SMH-110-46 i $915.00 $73,200.00Furnishing, Installing, Maintaini

7 Temporary Odor Control Syste $25,000.00 $25,000.00Providing Site Restoration (Pav

8 Sod, Other) $15,000.00 $15,000.00

9 Furnishing and Maintaining Tra $5,000.00 $5,000.0010 Uniformed Police Seculity Data $50 $100,000.00

Cut and Remove Interfering Ab11 Repair anf Grout Sewer $3,500.00 $87,500.00

Furnishing and Connecting Exi12 Rehabilitated Sewer Intercepto $5,000.00 $200,000.00

Providing and Performing Loca13 Active Service Connections $850.00 $297,500.0014 Service Connection Dye Tastin $500.00 $25,000.00

Furnishing and Installing Active(Including Removal of Protrusio

15 Sealing) $4,500.00 $1,260,000.0016 Unknown Sewer Crossing Uti tit $2,600.00 $15,600.00

Furnlshlng and Installing or Re17 Relocating Existing Utilities $100,000 $100,000,00

18 Furnish and install stop log gat $7,500.00 $30,000.00BASE BID SUB.TOTAL $8,243,400.00

ApP~pA~r~RNATE:::'<' 'V>"~

1 Final Completion by April 1, 20 $400,000.00ADDED ALTERNATE SUB·TO $400,000.00

CONSTRUCTION TOTA $8,643,400.00NOTES

(1) - Zappa's total price for(2) - Spiniello's total price fa

THAMES STREET SANITARY SEWER BID EVALUATION CH2MHILL

Thames Street Sanitary Sewer Interceptor Rehabilitation(Project #11-011) Bid Summary

TO: Julia Forgue, P.E.fCity of Newport, Director of Utilities

FROM: Peter von Zweck/CH2MHILL Mike Stickley/ CH2M HILL

COPY: Becky Weig/CH2M HILL Brian Gackstatter/CH2M HILLBethany Leavitt/CH2M HILL

DATE: October 1, 2010

SUBJECT: Bid Evaluation and Reference Checks

CH2M HILL has completed a preliminary review of the bid documents and referencessubmitted by Spiniello Companies, Boyer, Inc., Metra Industries, and R. Zoppo Corporation forthe Thames Street Sanitary Sewer Interceptor Rehabilitation project. Bid reference checks are inprogress. Our findings are summarized below.

Bid Summary

At 2:00 PM on September 24, 2010, four bids received by the City's procurement office wereopened for the Thames Street Sanitary Sewer Interceptor Rehabilitation project.

The City announced that it was 2:00 PM and that the bid period had closed. The City openedeach bid and read aloud the Total Base Bid and Accelerated Project Completion Bid for eachbidder. The City announced that the apparent low Total Base Bid was Spiniello Companies. Asummary of the base bid and total bid results are presented in Table 1 below.

Table 1 - Summary of Total Base Bid and Accelerated Project Completion Bid

AcceleratedProject Total Base Bid +

Completion Accerated ProjectBidder Total Base Bid Bid Completion Bid Rank

Metra Industries $8,243,400.00 $400,000.00 $8,643,400.00 4thR. Zoppo

Corporation" $7,574,350.00 $600,000.00 $8,174,350.00 3rdBoyer, Inc. $5,841,050.00 $307,501.00 $6,148,551.00 2ndSpiniello 1st, ApparentCompanies2 $4,399,984.00 $50,000.00 $4,449,984.00 Low

,1 Zappo s pnce for Item No. 12 was corrected to match the quantIty and umt prtce shown on the bId form.2 Spiniello'5 total price for Item 14 was corrected to match the unit price provided in words.

After the bids were read, a preliminary check of each bidder's package was performed todetermine if they provided all the required forms with their bids. After reviewing each

THAMES_STREET~EHABIUTATION_BJD~EV(EW_FINAL(2)COPYRIGHT 2010 BY CH2M HILL, INC•• COMPANY CONFIDENTIAL


package, the City reported that it appeared that each bidder included the required forms withtheir bid. Table 2 attached to this document provides the bid submittal checklist used todetermine conformance with the Contract Documents' required bid submittals.

Spiniello Companies submitted the lowest bid and provided a substantially complete bidpackage. In addition to the required bid submittals, Spiniello Companies also providedfinancial statements that included an independent auditor's report prepared by Leaf, Saltzman,ManganeIIi, Pfeil & Tendler, LLP, who reviewed the company's balance sheets for 2008 and2009. The financial statements were found to conform with generally accepted accountingprinciples.

Review ofBid Amounts

Review of the base and alternate bids submitted for the project confirm that the range is broadbut the differences may be attributed to the rehabilitation products and installation methodsinherent in each contractor's bid documents. As compared to the other bidders, SpinielloCompanies Total Base Bid was approximately 25% lower than the 2nd ranked bid and 47% lowerthan the high bid. The two high bids are based on the use of an Ameron product. The 2nd rankedbidder proposes to use a Danby Pipe Renovation™ polyvinyl chloride liner system. SpinielloCompanies proposes to use a Channeline™ glass fiber reinforced polyester lining system. Theunit prices for work items listed in the bid form were also reviewed. This review foundvariances that can be attributed to the selected lining technology. For example, the Danbysystem can be installed through existing manholes. Correspondingly the bid using this systemcontained the lowest price for Item 3, Furnishing and Installing 6O-inch Manholes (at Insertion Pits).In contrast, the price for the Channeline™ and Ameron products which require excavation of atrench 20 to 30-feet in length, were significantly higher. With the exception of Zoppo's $lM bidfor Item 8, Site Restoration, the bids appeared to be both responsive and balanced.

Review ofPipeline Rehabilitation Systems

The technical requirements for the Thames Street project are based on evaluation of CCTVinspections and a significant public involvement program. Correspondingly, requirements areincluded in the bid documents to address engineering, operations, and social concerns. Therehabilitation method specified in the documents is sliplining. This technology provides acomprehensive long-term solution while minimizing (relative to other technologies) impacts toadjacent property owners and the community in general.

Sliplining technologies allowed by the specifications include both glass fiber reinforced polymermortar pipe (GRPM) and spiral wound polyvinyl chloride system (spiral wound) systems. TheGRPM systems listed by name in the Contract Documents include Ameron and Hobas PipeUSA. The spiral wound systems named include Sekisui America and Danby. The ContractDocuments do not list all product manufacturers but they do include provisions for "equals" tothese products.

Although the three higher bids are based on products named in the specifications, SpinielloCompanies proposes to use Channeline™. This product is a glass fiber reinforced system thatmeets the requirements of American Society for Testing and Materials (ASTM) 3262, StandardSpecification for "Fiberglass" (Glass-Fiber-Reinforced Thermosetting-Resin) Sewer Pipe asrequired by the Contract Documents. Channeline™ is considered an equal to Ameron andHobas Pipe USA and fully meets the requirements of the specifications.


The Channeline™ system can be installed in an active sewer up to 50% full and is structurallyindependent of the existing (or host) pipe. Channeline™ presents advantages over other GRPMsystems as it can accommodate bends and minor misalignments and is provided in sectionsapproximately 7 feet in length making it much easier to handle. The Ameron and Hobassystems cannot accommodate bends and segments are typically provided in 20-30 foot lengths.The primary disadvantage of this system is that it is manufactured in Dubai however it isunderstood that Channeline™ can provide pipe to the work site within 6-8 weeks of order.Therefore it is not anticipated that this will affect Spiniello Companies ability to complete theproject within the required schedule.

Low Bidder Experience and Ability to Perform:

Spiniello Companies appears fully qualified for this project. According to their bid submittal,Spiniello Companies has been in business for 88 years. A list of rehabilitation projectscompleted and ongoing from 2008 through mid-2010 was provided with their bid. This listsatisfies the requirements of the Contract Documents which included successful rehabilitationof a minimum of 50,000 linear feet of 24-inch diameter or larger sewers and 6,000 linear feet ofexperience sliplining of sewers 24-inch and larger. The project rehabilitation list includesnumerous brick, arch and large diameter (>42-inch) sanitary sewers.

Spiniello Companies is currently working on rehabilitation projects throughout the UnitedStates including the northeast. Examples of similar projects (sliplining, non-circular, largediameter, etc.) Spiniello has completed or under construction within the last 2 years in thenortheast include:

Project Location Project Name Project Description

Boston. MA MWRA's North Weymouth Rehabilitation of 2,050 LF of 60"x57"Interceptor Rehabilitation Project sanitary sewer, cleaning. CCTV,

bypass pumping, CIPP linerInstallation and restoration

Trenton, NJ Route 3 Passaic River Crossing Sliplining rehabilitation of 920 LF ofSewer Rehabilitation 108-inch arch shaped sanitary sewer

Newark, NJ Brick Sewer Rehabilitation Phase VI Rehabilitation of over 6,000 LF ofoval, circular. arch and egg-shapedbrick combined sanitary/storm sewerranging from 26"X29" to 84" by 100"

Richmond, VA Four Mile Creek Trunk Sewer Sliplining rehabilitation of 18,000 LFRehabilitation of 84" diameter trunk sewer

Spiniello has significant resources in terms of equipment and manpower, therefore providingthe required resources to execute the Thames Street Sanitary Sewer Interceptor Rehabilitationdoes not appear to be an issue.

Spiniello's bank and surety references checked out with adequate bonding capacity and noissues reported. Other references were obtained from consulting engineers. Responder'sindicated that Spiniello completed work on time with no change orders. Responder's weregenerally satisfied with Spiniello's work and would be happy to work with them again in thefuture (See Attachment A for Spiniello's Bank reference and phone conversation logs). Spiniello

3


also provided project references which demonstrate their extensive sewer rehabilitation workexperience of equal and greater complexity.

Recommendations

Based on the review discussed above, information provided with the bids, and referencesprovided to-date, CH2MHILL offers the following conclusions and recommendations for theaward of the Thames Street Interceptor Rehabilitation Project:

• Spiniello Company's bid for both the base project and the alternate item for an "acceleratedcompletion" appear to be responsive and the best value for the City.

• The Channeline™ product meets the technical requirements specified in the bid documentsand the City's objectives of implementing a long-term solution to rehabilitating theinterceptor.

• Spiniello's completed project work includes rehabilitation of 70,000 feet (13-miles) of waterand sewer pipelines. References for their work indicate that their projects are completed tothe satisfaction of the owner.

Based on the issues summarized in this memorandum (and backup attachments) CH2MHILLrecommends that the Thames Street Interceptor Rehabilitation Project be awarded to SpinielloCompanies as the lowest, responsible and responsive bidder.

Attachments:

Table 2: Bid Opening Submittal Checklist

Attachment A: Reference Checks for Spiniello Companies

Attachment B: Reference Checks for Boyer, Inc.

4

TABLE 2BID OPENING SUBMITTAL CHECKLIST

CITY OF NEWPORT, RHODE ISLAND - THAMES STREET SANITARY INTERCEPTOR REHABILITATIONContract: 11~11

Bid Date: September 24,2010

'" c ~ "0

~ ~ c~ 0

~'C,g 0 00 ...I 'C £!

0 ! 0 ! ...11: 0 00- oJ!TOTAL BID (BASE a~ oE .. ;~ o~ ~~~ gGi~

NAME OF BIDDER TOTAL AMOUNT OF 0 ;:!:! 0 .. ~o o~ 000

PLUS " ~a .,.~

0 -0 - . ..,.=s g]~ :;- i .50 "'''1

o~ 0 0 0~§ :1:0 o~BASE BID 0 CI~ E! 0 E- ",.0 0_ 5g:a E~~ e:C,§

ALTERNATES) 0: ~! ~ . ,0 0;

~ .. ~o .. 0 O~ • ~i ~ci .§~~ E~ ~::1= E-

~ .. 0 "0 ~o 0 E~-

iii 0 .. W O 0 00 oz N·~ .. "0 .= ~a:: ~ Jt ; o •

0 0 " .. a a~~II .. .. 0 • '" . --0

~ 0'" 0

Spiniello Companies $4.399.984.00 $4,449,984.00 1 IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl

Boyer, Inc. $5,841,050.00 $6,148,551.00 2 IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl

RZoppo Corp $7,574,350.00 $8,174,350.00 3 IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl

Metra Industries $8,243,400.00 $8,643.400.00 4 IiSl IiSl IiSl IiSl IiSl missing IiSl IiSl IiSlpage 2

THAMES STREET SANITARY SEWER BID EVALUATION

Attachment A:

Reference Checks for Spiniello Companies

CH2MHILL

5

'I

I

I

I

09/29/2010 WED 15,43 FAX

• Santander

1i!J001/00l

September29, 2010

Via Facsimile: (215) 640-9311

CH2MHILLAttn; Jen Fulton

Re: Spink//o Companies Balik Reference

DearJcn:

ht respome to your recent inquiry, we are pleased to inform you that the above referenced Cll8tomerhas maintained deposit acCOWlts with Sovereign Bank since November 2002, with an aggregate yearto-date average balance in moderate six (6) figures.

We have exten4ed this customer a revolving line of credit of a moderate eight (8) figures with a highseven (7) figures outstanding at this time. These accounts have been handled as agreed.

If we C!lIl be offurther assistance, please do not hesitate to contact me,

Sincerely,

MOLRonald AndersenSenior Vice PresidentCommercial Banking GroupRandersl@Sovereignbankcom

RA:ps

830 Morris Turnpike, Short Hills, NJ 07078(973) 232-8430 Facsimile (973) 379-4360

CH2MHILL TELEPHONE CONVERSATION RECORD

Call To: Robyn RostWells Fargo1200 MacArthur BlvdMahwah, NJ 07430(973) 437-2300

Call From: Jen Fulton/CH2M HILL

Date: 9/27/2010

Time: 12:00 PM

SUbject: City of Newport, RI - Thames Street Sanitary Sewer Interceptor RehabilitationProject, Contractor Reference Check for Spiniello Companies

Project No.: 396208.DS.C1.08

Safeco/Wells Fargo· Surety

Questions and answers provided as part of the contractor reference check:

1) Q: What is Spiniello's current bonding capacity (are they capable of taking on thisproject?)

A: $120 Million aggregate, $60-$70 Million single.

2) Q: Has there ever been an issue on a project where the Owner or Engineercontacted the bonding company for any reason?

A: No

3) Q: Has either the payment or performance bond ever been pulled?

A: No

Notes: Robyn Rost has been handling Spiniello's account for over 15 years and there hasnever been a problem with their account. Robyn reports that they are a great customer.

TELEPHONE CONVERSAnON RECORD


Call To: Bill JudyGreeley & Hansen9020 Stony Point Parkway, Suite 475Richmond, VA 23235(804) 355-9993


Date: 9/27/201 0

Time: 1:15 PM

SUbject: City of Newport, RI - Thames Street Sanitary Sewer Interceptor RehabilitationProject, Contractor Reference Check for Spiniello Companies


Greeley & Hanson - Four Mile Creek Trunk Sewer Rehabilitation


1) Q: Is the work complete (when)? If so, did Spiniello complete the work on time?Were there any project delays?

A (G&H): Contract 1 is complete and was completed on time (one small extensiongranted by the county which was justifiable). Contract 7 is ongoing, no delays so far.

A (Spiniello): Work is 25% complete. Schedule completion date is 5/22/2013.

2) Q: What type of work does the project involve?

A (G&H): Contract 1: sliplining 5,000 LF of 84" sewer. Contract 7: sliplining 25,000LF of 84" sewer.

A (Spiniello): Rehabilitation of existing 84"diameter trunk by sliplining with 18,000 LFof 72" and 78" FRP pipe in the wet 20' deep, two reinforced concrete junctionchambers and manholes, stream crossing, restoration.

3) Q: Were there any change orders? If so, were they the resuit of Owner requestedchanges or Contractor requested changes? What were the change order amount(s)in comparison to the bid amount?

A (G&H): No change orders.

Notes: Project Cost $14,762,000. Bill Judy/G&H indicated that G&H and the County were verysatisfied with Spiniello's work on Contract 1 and were happy that they were awarded Contract 7 (bothcontracts were open bid).

*Answers from Spiniello are provided for information only, and were not part of the phoneconversation.

TElEPHONE CONVERSATION RECORD


Call To: Peter BlackDewberry Engineers(973) 576-9677


Date: 9/27/201 0

Time: 2:25 PM

Subject: City of Newport, RI - Thames Street Sanitary Sewer Interceptor RehabilitationProject, Contractor Reference Check for Spinielio Companies


Dewberry Engineers - Route 3 Passaic River Crossing Sewer Rehabilitation


1) Q: Is the work complete (when)? If so, did Spinielio complete the work on time?Were there any project delays?

A (Dewberry): The Work is complete.

A (Spin/ello): Work is 100% complete. Work was completed on3/1/2010.


A (Dewberry): Rehabilitation of an old lOB-inch arch shaped sewer. Peter describedthis job as '1he most complicated ever... first of its type" and desoribed Spiniello as"the besll"

A (Spiniello): Installation of 920 LF of 99" x 99" Non-circular Fiberglass Liner Pipe inlOB-inch Arch-Shaped Sanitary Sewer, (2) Access Pits, Traffic Control and SurfaceRestoration.

3) Q: Were there any ohange orders? If so, were they the result of Owner requestedchanges or Contractor requested changes? What were the change order amount(s)in comparison to the bid amount?

A (Dewberry): Not disoussed.

Notes: Project Cost $3,726,979. Peter mentioned that Spinielio had a "terrible" projectmanager to start but he was replaced and everything went great from there on. Petermentioned that Spinlelio is widely known in the Midwest, but he also mentioned that they didsome work for MWRA 7-8 years ago.

*Answers from Spiniello are provided for information only, and were not part of the phoneconversation.

THAMES STREET SANITARY SEWER BID EVALUATION

Attachment B:

Reference Checks for Boyer, Inc.

CH2MHILL

6

SEP/30/2010/THU 10:51 AM Allegiance Bank Tx FAX No. 2818943290

* Allegiansep~

September 30, 2010

Jen FultonCH2MHILLTel: 617-626-7026Fax; 215-640-9311

RE: Boyer, Ino Bank Referenoo

Account #1Date Opened: 10/31/2007QUarterly Average Balanoe: mid 6 fJgUresRating: Satisfaotory

Account #2Date Opened: 11/20/2008Quarterly Average Balanoe: low 6 figuresRating: Satisfaotory

Aooount #3Dll.te Opened: 8/17/2009Quarterly Average Balance: low 5 figuresRating: Satisfactory

Thank you,

Monioa HoganLoan Operatioli$281-894-3223

P, 002

TELEPHONE CONVERSATION RECORD


Call To: Harry KirkACT Pipe & Supply6950 W. Sam Houston Pkwy NHouston, TX 77041(713) 937-0600


Date: 9/28/201 0

Time: 10:55 AM

SUbject: City of Newport, RI - Thames Street Sanitary Sewer Interceptor RehabilitationProject, Contractor Reference Check for Boyer, Inc.


ACT Pipe & Supply - Material Supplier


1) Q: How long have you been in business with Boyer?

A: ACT Pipe & Supply has been in business with Boyer for over 12 years.

2) Q: Are you currently supplying material to Boyer?

A: Yes.

3) Q: Is Boyer's account in good standing? Have there been any payment issues in thepast?

A: Boyer's account is in good standing, they are an excellent customer. No paymentissues in the past. Boyer's credit is in the low to mid 6 figures (net 30).

TELEPHONE CONVERSATION RECORD


Call To: Doug FiskMustang Tractor12800 Northwest FreewayHouston, TX 77041(713) 460-2000


Date: 9/28/2010

Time: 11 :00 AM

Subject: City of Newport, RI - Thames Street Sanitary Sewer Interceptor RehabilitationProject, Contractor Reference Check for Boyer, Inc.


Mustang CA T - Material Supplier


1) Q: How long have you been in business with Boyer?

A: Mustang Tractor has been in business with Boyer, Inc. since at least 1986.

2) Q: Is Boyer's account In good standing? Have there been any payment issues in thepast?

A: Boyer's high credit runs at about 600k and they have an unlimited credit line withMustang Tractor. Boyer pays in terms. Boyer's history with Mustang Tractor is good,Doug indicated that "they have a wonderful business relationship".

TElEPHONE CONVERSATION RECORD


Call To: Erwin BurdenCity of Conroe(936) 522-3885

Call From: Jen Fuiton/CH2M HILL

Date: 9/28/2010

Time: 11 :35 AM

Subject: City of Newport, RI - Thames Street Sanitary Sewer Interceptor RehabilitationProject, Contractor Reference Check for Boyer, Inc.


City of Conroe


3) Q: Is the work complete (when)? If so, did Boyer complete the work on time? Werethere any project delays?

A (City): The work was completed about a month ago (ahead of schedule).

A (Boyer): Work was completed in 2010.


A (City): Rehab of an existing 30" sewer with 24" liner. Jacked 13,000 LF of Hobaspipe and replaced Manholes. Boyer surveyed and recommended realignment insome areas. Realignment ended up reducing overall cost (project came in $100kunder budget)

A (Boyer): Alligator Creek 30" Sanitary Sewer Rehab; approx. 13,300 LF ofdamaged decayed 30" reinforced concrete pipe to be rehab by sliplining, pipebursting & CIP.

6) Q: Were there any change orders? If so, were they the result of Owner requestedchanges or Contractor requested changes? What were the change order amount(s)in comparison to the bid amount?

A (City): There were some change orders, but in the end they reduced the overallcost by $100k.

Notes: Erwin Burden said that he "can't say enough good things about Boyer" and they are"the best Contractor he has ever worked with". Project Cost $2,309,468.

'Answers from Boyer are provided for information only, and were not part of the phoneconversation.

If \~

Bid # 11·011

List the Officers of your Corporation or Principals of your LLC. Award can not be donewithout the attachment.

Complete Company Name

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7


City of Newport


To:From:Date:Subject:

Staff Presentation:

Mayor Jeauue-Marie Napolitano~9Jhersof the City CouncilEdward F. Lavallee, City Maualltw"October 1, 2010Amendment #2 to Contract # 10-008 Engineering Services Thames Street andWellington Avenue Sanitary Sewer ImprovementsJulia A. Forgue, Director of Utilities

RECOMMENDATION:The Department of Utilities staff recononends the award of Amendment #2 to Contract # 10-008, Engineering Services,Thames Street and Wellington Avenue to CH2M Hill, Boston, MA in the amount not to exceed $750,249.00. The awardis to provide engineering oversight, full time resident construction inspection services, verification of lateral connections,preparation of as built records, and coordinate public involvement program for the Thames Street Sanitaty SewerInterceptor Rehabilitation Construction Contract #11-011. Funding for this project will he provided by the Clean WaterState Revolving Loan Funds (SRF). The SRF funding requires the construction project to have resident constructioninspection services.

BACKGROUND AND FINDINGS:As part of the work associated with the City's development of the longterm control plan for CSO's, the sanitary sewerinterceptors in Thames Street and Wellington Avenue were identified as in need of improvements. CH2M Hill wasawarded a contract in September 2009 for engineering services associated with identifying and designing the necessaryrehabilitation for each sewer interceptor along with the development of plans and specifications for bidding andconstruction for improvements to each sewer interceptor. The improvements to the Thames Street and WellingtonAvenne sewer interceptors are both projects included in the Corrective Action Plan (CAP) being finalized with EPAregarding compliance with CSO control regulations. The construction plans and specifications for the Thames Streetsewer interceptor improvements were submitted to EPA and RIDEM on August 26, 2010 per the draft CAP. The draftCAP requires the City to initiate construction of the Thames St. sewer interceptor improvements by December I, 2010and complete construction by June 30, 2011.

Tasks in Amendment No.2 will consist ofcoordination of the general conditions of the contract with the contractor; fulltime resident inspection services including a second resident inspector as needed to accommodate multiple crews forthe accelerated schedule; field inspection to support the identification of active sewer laterals to be reconnected; reviewof all· payment requests from contractor; evaluation of all requests for information andlor change orders from thecontractor; review all performance testing ; final inspections and project closeout; coordinate a public involvementprogram; and preparation ofas-built drawings.

PREVIOUS LEGISLATIVE ACTIONResolution 2009-124 dated September 23,2009 - Thames & Wellington Sanitary Sewer Interceptor ImprovementsResolution 2010-122 dated August 11,2010 - Amendment #1 - Construction Services for Wellington Ave. Sanitary

Sewer Interceptor Improvements Project #11-011

FISCAL IMPACTl Currently Budgeted (Account 10-190-5000-50440 Activity 104315) _ Requires additional appropriation_ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionAmendment #2

Finance Dept Review: Date By: ~"""'L-_ (if applicable)

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No ..

RESOLVED: that Amendment #2 to the Contractand Agreement for ProfessionalEngineering Consulting Servicesfor the· Thames Street &

Wellington Avenue Sanitary SewerInterceptor Improvements Project(#10-008) between the City ofNewport and CH2M HILL, is herebyapproved at a cost not to exceed$750,249.00 and the Mayor isauthorized to execute saidContract and Agreement on behalfof the City, subject to favorablereview by the Solicitor.

IN COUNCIL

READ AND PASSED


AMENDMENT NO.2

TO THE AGREEMENTBETWEEN

CITY OF NEWPORT

AND

CH2MHILL

FOR

ENGINEERING SERVICES FOR THAMES STREET AND WELLINGTON AVENUESANITARY SEWER INTERCEPTOR IMPROVEMENTS

PROJECT NO.1 0-008

In consideration of the mutnal promises herein contained, the parties hereto agree to amendtheir Agreement # 10-008, dated October 14, 2009 as follows:

I. Contract IncludesAdd the following additional scope of services to Exhibit "B", Scope of Services:

Construction Phase Services for Thames Street Interceptor Rehabilitation

CH2MHILL will provide construction phase services for the Thames Street Sanitary SewerRehabilitation Project (Project No. 11-011) as defined as follows. The construction phaseservices are intended to assist the City with administration of the contract for construction,monitoring the performance of the construction Contractor, verify that the Contractor'swork is in substantial compliance with the contract documents, and assist the City inresponding to events that occur during the construction. The construction phase servicesare based upon the understanding that engineer will provide full-time constructionobservation (resident engineering) of the project, and the City will be actively involved inthe construction process to make decisions, provide approvals, and perform other actionsnecessary for the completion of the construction. The overall budget provides half-timeoffice support by the Project Engineer to assist in answering general contract relatedquestions and coordination between the Design team, the Resident Engineer and the City ofNewport.

In additional to the standard construction phase services, CH2MHILL will provide a secondresident inspector as needed to accommodate an accelerated construction schedule. Shouldthe Contractor provide multiple crews or require work to be performed outside normalworking hours (nights or weekends), a second resident inspector will be provided to inspectthe ongoing work. CH2MHILL will also provide field inspection, mapping and officesupport services to identify the active laterals that will be reconnected to the Thames StreetInterceptor as part of this project. It is assumed the field work associated with identifyingthe active laterals will be conducted during the mobilization period.

Also in addition to the standard construction phase services, CH2MHILL will champion aPublic Involvement Program geared towards the City's businesses located along the projectarea.

The services provided herein are outlined below on a task specific basis:

Task F.1 -Initial Coordination Requirements, General Requirements, Monthly ProgressMeetings, Project Management &Construction AdministrationCH2M HILL will provide Contractor coordination including review of the initialconstruction schedule, temporary facilities, traffic plan, flow control plan, shoring plan,dewatering plan, construction videos, photographs and other general conditionsrequirements.

CH2M HILL will attend monthly progress meetings at the site to review progress andquality of work. During the site visits, CH2M HILL will observe the general quality of thework at the time of the visit and review any specific items of work that are brought to theattention of the design team members by the Contractor or the City. CHZM HILL willprepare a standard meeting agenda and meeting minutes will be prepared following eachmeeting. Review and updates to the construction schedule will be provided with progressmeeting minutes.

One monthly progress meeting has been budgeted for the duration of the project, for a totalof seven (7) progress meetings.

Task F.2 - Resident Inspection Services (Full-time Construction Observation) and SpecialInspections (Part-time Construction Observation)The CH2M HILL Resident Engineer will provide full-time resident inspection during thenormal working hours stated in the Contract Documents for the duration of the constructionwork. Daily on-site observations of the Contractor's work will be conducted for the purposeof providing the City a greater degree of confidence that the completed construction workconforms to the Contract Documents and that the integrity of the design concepts have beenimplemented and preserved by the Contractor. Due to the nature of construction,additional field and office support is included in this task to support work outside normalworking hours. The specific requirements for these services will be coordinated with theContractor and the City. It is expected that a limited amount of night and!or weekend workactivity will be necessary given the contractual time constraints imposed on the Contractoras well as the complexity of construction with these types of liner systems. CH2MHILLanticipates that the construction will require multiple crews for part of the constructionperiod. In addition, the spray on liner portion of the work will require a specialty crewexperienced in the application of this product. For these reasons, a second specialinspection resident engineer has been budgeted part of the project as noted below. TheSpecial Inspections Resident Engineer has been budgeted half time in the field for thefabrication, construction and site restoration periods of the project.

The Resident Engineer will prepare written daily reports or other records of theirobservations and will keep a log of materials and equipment delivered, incorporated intothe work, and!or stored on or off-site. The Resident Engineer will also witness testing, andmonitor material specification sheets and test results. The Resident Engineer will providemonthly progress reports and summaries of work completed.

The Resident Engineer will serve as the liaison with the Contractor, generallycommunicating through the Contractor's on-site superintendents and assisting theContractor in understanding the intent of the Contract Documents. The Resident Engineerwill also coordinate with the City when the Contractor's operations affect the City's on-siteoperations, or when additional information is required from the City to facilitate executionof the work. The Resident Engineer's observations shall not relieve the Contractor fromresponsibility for performing the work in accordance with the Contract Documents, andCH2M HILL shall not assume liability for the construction of the project. CH2M HILL shall,with the assistance of the City, obtain written plans from the Contractor for quality controlof their work, and will monitor the Contractor's compliance with their plans.

Full time Resident Engineering service has been budgeted assuming full time inspection for150 on-site working days by the Contractor during the Mobilization, Fabrication,Construction and Site Restoration Phases for work being performed during normal workinghours allowed by contract (M-F, 7AM to 5PM). A total of 150 on-site working days havebeen budgeted. It is assumed that no work will take place on the following Holidays:11/25/2010; 11/26/2010; 12/24/2010; and 12/31/2011.

Half time Special Inspections Resident Engineering service has been budgeted assuminghalf time inspection for 131 on-site working days by the Contractor during the Fabrication,Construction and Site Restoration Phases for work being performed outside of normalworking hours (M-F, 7AM to 5PM). This item covers night-time work being performed afternormal working hours and work performed on weekends. A total of 131 on-site workingdays have been budgeted at half time. It is assumed that no work will take place on thefollowing Holidays: 12/24/2010; and 12/31/2011.

In addition to the Resident Engineering services, this task also includes the field andmapping support services associated with identifying the active service laterals that will bereconnected to the Thames Street Interceptor by the Contractor as part of the project.CH2MHILL has assumed the Special Resident Inspector will be full-time on-site during themobilization phase of the project. A total of 19 on-site field days have been budgeted. Atotal of 40 hours of mapping services has been budgeted.

Task F.3 - Review Contractor's Payment RequestsReview the Contractor's payment requests with the Resident Engineer to ensure theContractor's requested quantities align with the field records for work completed inaccordance with the Contract Documents and are ready for payment. CH2M HILL willcoordinate and resolve any changes required, and will provide the City with the approvedpayment requisitions. Included in this scope of work is review and approval of seven (7)payment (one for mobilization, one for fabrication, four during construction and one duringsite restoration) requests by the Contractor. Based on our experience with unit price lineitem payment requisitions, two iterations are typical before the Contractor's paymentrequest is recommended for payment.

A more detailed breakdown of the hours is as follows:

• 4 hours to compare, communicate and resolve Contractor's discrepancies in installedquantities for each review (assumed 2 iterations/payment requisition to reachagreement on the installed values; 56 hours total)

• 4 hours to perform final QC check and formally recommend payment to the City foreach payment requisition (28 hours total).

• 4 hour administrative support for each final payment requisition (photocopying, filing,etc.; 28 hours total)

Task F.4 - Evaluate Requests for Information and Change OrdersThe hours associated with RFIs (Requests for Information), RFPs (Requests for Proposals)and CaRs (Change Order Requests) are to handle issues that inevitably come up duringconstruction. CH2MHILL will respond to RFIs issued by the Contractor.

CH2M HILL will review the Contractor's requests for information (RFIs) or clarification ofthe contract for construction. CH2M HILL will coordinate such review with the design teamand with the City as appropriate, and will coordinate and issue responses to the requests.

As the Owner's representative on the project, CH2M HILL will issue RFPs to the Contractorto obtain pricing for compensation to address new work requested by the Owner orchanged conditions in the field, such as relocation of utilities (utility interference) that arecurrently unknown that would be applied to the Contractor's allowance for this item).Based on current information, we are aware of seven utility interferences that will need tobe addressed by the contractor. CH2MHILL assumes that an RFP will need to be issued toaddress each of these utility interferences.

CH2M HILL will assist the City in reviewing and responding to the Contractor's changeorder requests (CaRs). CH2M HILL will coordinate such review with the design team andwith the City as appropriate, and will coordinate and issue responses to the requests. Anexample of an instance where the Contractor may be due a change order could includerepair/replacement of side street pipe if the connecting sewer is found to be in poorcondition. Issues like these would be addressed by Change Order Request from theContractor. CH2MHILL will evaluate, issue and process the Contractor's request for achange order.

CH2MHILL will also maintain a log of all RFIs, RFPs and CaRs on a monthly basis. The logwill be kept to track the Contractor's requests and ensure that all requests are responded toin accordance with the provisions outlined in the Contract Documents. Based on ourexperience, a total of 15 RFIs, 7 RFPs and 5 CaRs are assumed under this task.


• 6 hours per RFI (90 hrs total)• 6 hours per RFP (42 hrs total)• 8 hours per COR (40 hrs total)• 20 hours total of support to log and track RFIs, RFPs and CaRs, photocopy, distribute,

etc. for the duration of the construction period• 6 hours to prepare final balancing change order to the contract.

Task F.5 -Inspection and TestingThe contract documents require the contractor to meet specific field and performance testsas part of the contract requirements. The CH2M HILL Construction team will incoordination with the Contractor and product manufacturer, develop an acceptable testingplan for the rehabilitated Thames Street Interceptor to ensure the field testing results

conform to the contract document requirements. It is assumed that the Resident Engineerwill witness these tests while performing the full time inspections scope of work (Task F.2),so no additional on-site field time has been added for this service.

The laboratory results for the field tests will be reviewed by the CH2M HILL Constructionteam for compliance with the contract requirements, which will ensure work quality isbeing met. It is assumed the Resident Engineer will complete their review of the test resultswhile performing the full time inspections scope of work (Task F.2), so no additionalResident Engineering time has been added for this service.

The liner material will playa key role in the project's success and longevity of theinterceptor. As such, one trip by the project manager and the senior project engineer toinspect the liner after delivery to the project site and before installation has been included inthis scope of services.

This task includes engineering support for the inspection, testing and reconnection of activeservice laterals to the Thames Street interceptor. CH2MHILL will provide office assistanceto the Contractor in determining which service laterals are to be reconnected as part of theproject as well as be onsite while the Contractor performs the investigative work.CH2MHILL will maintain field notes of the investigative work and will coordinate reviewof records provided by the Contractor and the City. CH2MHILL has included officesupport for this task. Field and mapping support for service lateral investigations isincluded in task F.2.

Supervision and review of sampling and testing specific to contaminated soils and/orgroundwater are not included in this task.

Task F.6· Final InspectionsCH2M HILL will assist the City with inspections at substantial and final completion, inaccordance with the contract for construction. Based on the substantial completioninspection, CH2M HILL will prepare a punch list of items requiring completion orcorrection before final completion can be achieved by the Contractor. Upon notification ofthe Contractor, CH2M HILL will conduct a final inspection and verify the Contractor hascompleted the punch list. CH2M HILL will make a recommendation to the City regardingacceptance of the work based upon the results of the final inspection.

One substantial completion inspection and one final completion inspection by theCH2M HILL Construction team is assumed as part of this service. CH2M HILL will rely onthe Resident Engineer to make an initial determination of whether the project issubstantially complete as defined in the contract documents. The Substantial CompletionInspection will be conducted when the Contractor believes the project has reached theSubstantial Completion milestone and the post-installation CCTV records have beensubmitted and reviewed. Once the Owner's representatives agree that the project issubstantially complete, CH2MHILL will issue the Certificate of Substantial Completion tothe Contractor. The Project Engineer and Resident Engineer will then prepare the punchlistand review it with the Contractor, Owner and office engineering staff as necessary. Thepunchlist must be completed by the Contractor prior to issuing Final Completion (andpayment). The punchlist will be verified by the office engineer and Resident Engineer priorto the Final Inspection and project sign-off. The hours assume there will be two substantial

completion inspections prior to issuance of Substantial Completion and one punchlistverification inspection prior to the Final Completion Inspection.


•

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•

8 hours for review of CCTV and related records for the installed products2 Substantial Completion Inspections by the Engineer's project office team (24 hourstotal) and Resident Engineer (time covered under task F.2)12 hours for coordination with the Contractor and Owner and issuance of a Certificate ofSubstantial Completion16 hours for creation and issuing the punchlists to the Contractor1 verification/inspections of punchlist items completed by the Contractor; issuingupdated punchlists (20 hours total).16 hours for Final Inspection by the Engineer's project office team and Resident Engineer(time covered under task F.2).

Task F.7· Project CloseoutCH2M HILL will review required deliverables, contract requirements, and statutoryrequirements to determine that requirements of the contract have been met. CH2M HILLwill prepare a memorandum of completion documenting that the work is complete andacceptable, including review required deliverables, review of final contract and statutoryrequirements, preparation and delivery of Project Files to the City and demobilization of theProject Field Office. The Final Report will be prepared by the Project Manager and theProject Engineer and submitted to the Owner following the accepted completion of all workby the Contractor. The Project Manager, Resident Engineer, Quality Control Manager andProject Engineer will review all project documents to assure that all aspects of the contracthave been satisfactorily met by the Contractor. Once completed, CH2M HILL will copy anddeliver appropriate project files to the City for their permanent records.

The Resident Engineer will demobilize the Project Field Office, delivering required projectfiles to the main office for storage and disposing of non required files and equipment.


• 60 hours for the Engineer's project team to review final documents prior to finalacceptance by the Owner.

• 16 hours to prepare the final completion project report.• 16 hours to prepare final project files for the Owner.• 0 hours for the demobilization of the Project Field Office by the Resident Engineer (time

covered under task F.2).

Task F.8 - Prepare Record DrawingsCH2M HILL will revise the original design drawings to reflect available record informationprovided by the Contractor and equipment suppliers. One reproducible set and three halfsize hard copies will be submitted to the City along with a CD with electronic files. It isassumed the Contractor will maintain record information as the construction progresses andsubmit the final record documents as required by the contract documents.

CH2MHILL has included time to adjust the City's GIS database to reflect the recorddrawing information developed under this task, including connections to the interceptor.

Task F.9 - Public Involvement ProgramCH2M HILL will prepare for and attend one Public Involvement Meeting prior to theinitiation of construction activities. CH2M HILL will prepare draft and final presentation tobe reviewed by the City and the contractor as well as prepare a meeting agenda and PressRelease to be distributed prior to the meeting. CH2M HILL will prepare meeting minutesfollowing the meeting.

CH2M HILL will prepare weekly web-site updates in coordination with the contractor tonotify the public of the week's construction activities and locations.

CH2M HILL will prepare for and meet with the Lower Thames Street Business Associationonce a week for the duration of construction (30 weeks). Weekly participation in thesemeetings will be limited to the Public Involvement Specialist and the Resident Engineer. Itis assumed that a representative from CH2MHILL's Project Management team willparticipate in one meeting per month. The Public Involvement Specialist will coordinateother on-site activities wherever possible. The Resident Engineer's participation in thesemeetings (32 hours) will occur during normal business hours, and therefore, 32 hours hasbeen deducted from the Resident Engineer's time in task F.2.

Prior to the opening of insertion pits, CH2M HILL will prepare and deliver door hangers forbusinesses and residents within 2 blocks of the insertion pit location. This scope of workestimates that there will be 50 door hangers per insertion pit over 5 insertion pits for a totalof 250 door hangers. The public involvement specialist as well as the resident engineer willalso visit each business within 2 blocks of the insertion pit to answer any questions aboutthe construction activities. It is assumed that the Resident Engineer's time associated withthis activity will be performed after normal business hours or on weekends and therefore,the Resident Engineer's time is in addition to the time associated with task F.2.

Prior to the initiation of manhole restoration, which may require some side street closures,CH2M HILL will prepare and deliver door hangers to potentially impacted residents andbusinesses. This may include properties on Thames St. as well as impacted side streets. Thisscope of work estimates 50 door hangers per side street closure and 18 anticipated sidestreet closures for a total of 900 door hangers.


•

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••

•••

80 hours for preparation for the public involvement meeting, including one pre-meetingwith the Director of Utilities32 hours for attendance and participation at the public involvement meeting by theProject Manager, Deputy Project Manager, Public Involvement Specialist and ResidentEngineer16 hours to prepare and distribute meeting minutes4 hours per week for 32 weeks to coordinate with current construction activities andprepare weekly website updates on behalf of the City (128 hours total).20 hours to prepare insertion pit door hangers20 hours to prepare manhole rehabilitation door hangers40 hours each for the Public Involvement Specialist and Resident Engineer to meet withresidents and businesses within 2 blocks of insertion pit locations (80 hours total)

•

•

•

4 hours per week for 32 weeks for the public involvement specialist to prepare for andattend a weekly meeting with the Lower Thames Street Business Association (128 hourstotal).8 hours per month for 8 months for the project management team to attend the meetingwith the Lower Thames Street Business Association (64 hours total).1 hour per week for 32 weeks for the resident engineer to attend a weekly meeting withthe Lower Thames Street Business Association (32 hours total)

Task F.10 - Health and Safety PlanDue to the nature of the work being performed, CH2MHILL resident engineering staff willbe required to inspect work being performed inside the pipe, an area that requires specialconsideration and planning to perform the inspection in a safe manner. CH2M HILL willprepare a detailed Health & Safety plan for our staff to follow in order to safely inspect thework being performed by the Contractor and protect the City's interests in a longperforming product.

ContingencyA construction phase engineering services contingency of five percent (5%) of the budgethas been included in this proposal. This contingency would be used at the City's request foradditional engineering services should the need arise during this phase of the project. Thecontingency could be used for soil and/or groundwater testing, preparation of a soilsmanagement plan or to accommodate a future project need that has not been included inthis scope of services.

II. Rate of Progress and Time of CompletionThe project schedule (Exhibit"C") shall be revised to include the construction services projectschedule as follows:

The construction phase services described in this proposal is based on the followingschedule. Significant deviations from this schedule may affect the scope of services andcompensation.

Task Start Date End Date

Mobilization 10/29/2010 11/24/2010Limited Pre-construction 11/25/2010 1/3/2011Fabrication 11/25/2010 1/26/2011Construction 1/3/2011 4/29/2011SubstantialCompletion 4/29/2011 4/29/2011Site Restoration &Clean-up 5/2/2011 5/31/2011Final Completion 5/31/2011 5/31/2011EPA ComplianceDate 6/30/2011 6/30/2011

Exhibit "C", Proposed Project Schedule shall be updated to include the detailed constructionproject schedule attached to this Amendment.

III. Term of AgreementThe termination date for this contract shall be extended from "June 30, 2011" to "July 31, 2011".

CH2MHlLL proposes to provide the additional construction phase services on a lump sumbasis as outlined below.

Task FeeTask F.l-Initial Coordination Requirements, General Requirements, Monthly $150,579Progress Meetings, Project Management & Construction AdministrationTask F.2 - Resident Inspection Services (Full-time Construction Observation) and $331,870Special Inspections (Part-time Construction Observation)

Task F.3 - Review Contractor's Payment Requests $16,605

Task FA - Evaluate Requests for Information and Change Orders $38,764

Task F.5 -Inspection and Testing $42,824

Task F.6 - Final Inspections $18,172

Task F.7 - Project Closeout $10,065

Task F.8 - Prepare Record Drawings $25,685

Task F.9 - Public Involvement Program $64,999

Task F.lD - Health and Safety Plan $14,960

Subtotal: $714,5Z3

Contingency (5%) $35,726

Total: $750,Z49

Table 1 (attached to this Amendment) provides task specific level of effort and its budget.Monthly invoices will be according to a schedule of values and the percentage of workcompleted for each pay item. Exhibit D, Fee Schedule shall be amended to include Table 1.

The lump sum fee shall be increased from a not to exceed lump sum fee of $687,051.00" to "$1,437,300.00".

IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.2 this_dayof ,2010.

The following attachments are hereby made part of this amendment:Exhibit C, Project ScheduleExhibit D, Fee Schedule, Table 1

CITY OF NEWPORT

By:. _

Printed Name: Jeanne--Marie Napolitano

Tide: Mayor

Date: _

Approved as to FormBy: _

Printed Name: Ioseph I. Nicholson Ir.

Tide: City Solicitor

Date: _

CH2MHILL

Printed Name: Iohn Rendall. P.E.

Tide: Vice President

Date: September 29. 2010

•

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Scope of Services for Construction PhaseThames Street Sanitary Sewer Rehabilitation Project

City of Newport, Rhode IslandProject No. 11·011

Fee Estimate Analysis9/30/2010

I. Standard Construction Phase ServicesTask DescriptionF.1 Initial Coordination Requirements, General Requirements, Monthly Progress

Meetings, Project Management & Construction Administration

F.2 Resident Inspection Services (Full-time Construction Observation)F.3 Review Contractor's Payment RequestsFA Evaluate Requests for Information and Change OrdersF.5 Inspection and TestingF.6 Final InspectionsF.7 Project CloseoutF.8 Prepare Record DrawingsF.10 Health & Safety Plan

Subtotal Standard Construction Phase Services% of Construction Bid Price (Low)

% of Construction Bid Price (High)

II. Special Construction Phase Services

Special Inspection (Night and weekend Inspections)

Task Description

F.2 Special Inspections (Part-time Construction Observation)

Lateral Inspection & Coordination

Task Description

F.2 Field Work and MappingF.5 Office Support for Lateral Connections

Public InvolvementTask DescriptionF.9 Public Involvement Program

Subtotal Special Construction Phase Services

Contingency

Total Thames Street Construction Phase Services

Hours Amount978 $150,579

1,599 $204,435105 $16,605198 $38,764186 $34,90496 $18,17292 $10,065

184 $25,68584 $14,960

3,522 $514,16911.7%

6.2%

Hours Amount

655 $93,665

Hours Amount

230 $33,77040 $7,920

Hours Amount408 $64,999

1,333 $200,354

$35,726

4,855 $750,249

Exhibit C - Proposed Project Schedule

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Page 1

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No...~.Q.QJt.~U, ~

RESOLVED: that the Contract and Agreementfor Professional EngineeringConsulting Services for theThames Street & Wellington Avenuesanitary Sewer InterceptorImprovements Project (#10-008)between· the City of Newport andCH2M HILL, is hereby accepted ata cost of $394,164 and the Mayoris authorized to execute saidContract and Agreement on behalfof the City, subject to favorablereview by the Solicitor.

IN COUNCIL

READ AND PASSED

September 23, 2009

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL2010-122No .

RESOLVED: that Amendment ~1 to the Contractand Agreement for ProfessionalEngineering Consulting servicesfor the Thames Street &Wellington Avenue Sanitary SewerInterceptor Improvements Project(~10-008) between the City ofNewport and CH2M HILL, is herebyapproved at a cost not to exceed$292,887.00 and the term of theContract and Agreement isextended to June 30, 2011, andthe Mayor is authori:.:ed to signsaid Contract and Agreement onbehalf of the City, subject tofavorable review by theSolicitor.

IN COUNCIL

READ AND PASSEDAugust 11, 2010

(ol/2!::JI/u

CITY OF NEWPORTBoard of Licensing Commissioners

. PlFbzfJSulSEP 2 [/ d':J16

APPLICATION FOR TRANSFER OF ALCOHOLIC BEVERAGE LICENSEl:

DATE q77~L?d'za•

Check Here That Applicant(s) has/have presented himselflherself at the B.C.!. Section of theNewport Police Department for fmgerprinting and a routine check has been completed. __

CLASS A _----CBL X BT BV __C D _----CE __.J

TYPE OF TRANSFER X OWNERSHIP LOCATION __~,STOCK

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If Change of Stockholders, List OLD & NEW Stockholders: (attach separate sheet if necessary)

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Name of Each Director/Board Member Address

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If Corporation, Classes of Stock: Amount of This Class Authorized: Amount of This Class Issued:

. Name Reoisierec! SiockOViners'ORLLCMember!; w7%jrtterest'Class(e!;) of StOCk ..._. "AihountofStbck ORLLC %

- - - - - - - - - - - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW TillS LINE - - - - - - - - - - - - - - - - - - - - - - - - --

Filing Fee:~ DatePaid:1 I License Fee: I IDatePaid: 1 _

Approved by Council Disapproved by Council _

Issued By Date _

Liquor Application by CorporatJOo Class (cClass_of_Licenselj # «Number_of_License)) Entity' l<AppJic8rionTypej}L;:,'·f 11.'"i1iled \I~I'\;:"'(}] j .."':; .",i,·j

of2

D/B/A:

STATE OF RHODE ISLAND Newport '

• For e ch yes and no question, please write in YES if yes or NO if no.• Where necessary, use additional pages for explanations.

Is any of the above stock pledged? IH I- If yes, provide details:.

IIs application on behalf of undisclosed principal or party in interest?1 /Lu I. Ifyes, give details:

I

lIf yes, explain: •

Does Applic.ant Own Premises?1 M !oProperty Mortgaged1 I - Property Leasl ye51 -If Mortgaged or Leased: Amount of Extent: I

Name and Address of Mortgagee or Lessee: t2Iit:~1~±~~~;;~i~~i~¢~~.i'B~m~~J~~=.£~~A~¥!~·[~t-~"~??~~=========JlHave any of the applicants ever been arrested or convicted of a crime? ILf) I.IIs any other business to be carried on in Licensed Premises? 11'-& 1111 If yes, explain: •

, IIs any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer? l;z..v I- If yes, explain: •

I 1Do any of the applicants have any mieres!, drrect or mdlrect, as prmclple Or assocIate, or III any manner whatsoever, In any retaillicense issued under Ch. 3-7 ofR.I.G.L., 1956, as amended? IM I- Ifyes, explain: •

I IIs Applicant the owner or operator of any other business? IL{)

I

- If yes, explain (use separate page if necessary.) •

l

Date of Signature

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t the above statements are true to the best of my knowledge and belief:I hereby certify

~=-------- I I1)1(;//0DXe of Witness

.. Ihsrrut!ibIlSfbr Applit;iiilS .. - - -. ... ' .

I. Every question on Application FOlm must be answered. Any false statement made by the Applicant will be sufficient grounds forthe denial of the application or the revocation of the license in case one has been granted.2. Corporations having 25 or more stockholders need not file a list of the names and addresses of Stockholders (Question #8).3. Attention is called to the requirements of the 1963 amendment of Section 3-5-10 of the General Laws.

a. All newly elected officers or directors must be reported to the Board of License Commissioners within 30 days.b. Any acquisition by any person of more than ten percent (lO%) of any class of corporate stock must be reported within 30 days.c. Any transfer of fifty percent (50%) or more of any class of corporate stock can be made only by written application to the

licensing board subject to the procedures for a transfer of a license.COpy SHALL BE FORWARDED TO LIQUOR CONTROL ADMINISTRATION BY CITY CLERKNEW APPLICANTS: ------------ A roval from Police - - B.C.!. Section for fmge rinting and a routine check was made.

"NOTE: For new, transfer, expansion, or renewal the owner(s) must sign. In a corporation, the officers should sign; in an LLC, the "designatedmanager" and members are to sign. We are no longer to accept the signature of a manager or attorney on behalf of the owner.

Liquor Application by Corporation Class ((Class_oCLicense») # «Number_of~License» Entity: «ApplicationType»l.::;sl nrinted u9l())f{)2 II :3::; ,<\~'1