NewportCityCouncil March23

CITY OF NEWPORT
DOCKET OF THE COUNCIL

The following items of business, filed with the City Clerk under the Rules of the
Council, will come before the Council at its regular meeting to be held on
March 23, 2011, at 6:30 p.m.
PLEDGE OF A LLEGIANCE TO THE FLAG

PROCLAMATIONS HONORING
WILLIAM M. DOHERTY AND CAMERON S. DOHERTY
FINALISTS IN THE NATIONAL GEOGRAPHIC GEO-BEE
CITIZEN'S FORUM: (Speakers must sign in with the City Clerk). The Citizen's
Forum period shall be no longer than fifteen minutes and citizens may address the
Council on one subject only and for no longer than three minutes. Issues to be
discussed shall not include matters to be considered or discussed as part ofthe regular
council agenda and must be related to substantive city business. No comments
regarding personnel or job performance are allowed.
1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY

UNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED
SUBJECT TO COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)
a. Minutes ofthe March 9, 2011, Council Meeting (Approve)
b. Special Event License:
1) The Newport Elegance, LLC, d/b/a Newport Concours d'Elegance

Antique Car Exhibition; Fort Adams State Park, May 22,2011,
from 9:30 a.m. to 4:30 p.m.
It is the practice of the Council to meet at 6:20 p.m. in the second-floor Conference Room to discuss docket items. The
public is invited to attend. The docket, along with all supporting documents, can be viewed on the City of Newport
website: www.cityofnewport.com- ..CurrentNewpOlt City News & Announcements" - Click on "MORE NEWS."
Council Meetings can be viewed on Cox Cable, Channel 18; check local listings for dates and times. A DVD ofthe
Council Meeting will be available t the Newport Public Library within 48 hours ofthe meeting.
LIVE VIDEO CONFERENCING OF COUNCIL MEETINGS AND WORKSHOPS WILL BE AVAILABLE AT THE
NEWPORT POLICE STATION, WHICH IS ACCESSIBLE AND MEETS ADA REQUIREMENTS, BASED UPON
NOTIFICATION TO THE CITY MANAGER'S OFFICE (845-5429) A MINIMUM OF 48 HOURS IN ADVANCE
OF THE MEETING. INDIVIDUALS REQUIRING INTERPRETER OR OTHER ACCOMMODATIONS MUST
NOTIFY THE CITY MANAGER'S OFFICE TWO WEEKS IN ADVANCE OF THE MEETING.
March 23, 2011
Page 2
2) International Tennis Hall of Fame, d/b/a Campbell's Hall of Fame
Tennis Championships; 194 Bellevue Ave., from July 4 to 10,
2011, from 10:00 a.m. to 6:00 p.m.
3) Newport Festivals Foundation, Inc., d/b/a Newport Jazz Festival

Opening Night; International Tennis Hall of Fame @ Newport
Casino, 194 Bellevue Ave., August 5, 2010, from 8:00p.m. to
11:00 p.m.
c. Banner License, Newport Boys and Girls Clubs; 15 banners on America's

Cup Ave. and Memorial Blvd. West, from August 5-15,2011, promoting
the Newport Antiques Show.
d. Banner License, International Tennis Hall of Fame; 40 banners on

America's Cup Ave. and Memorial Blvd. West, from June 20 - July 10,
2011, promoting the Campbell's Tennis Champions.
e. Holiday Selling Licenses, New:

1) Sea Island Rhode Island, LLC, d/b/a J. McLaughlin, 180 Bellevue
Ave.
2) Tucquet, LLC, d/b/a Tucquet, 34A Bowen's Wharf
f. Holiday Selling License, Renewals:

1) Retail Brand Alliance, d/b/a Brooks Brothers, 139 Swinburne Row
2) Janet Culkins, d/b/a Cabbage Rose, 493 Thames St.
3) Dupa Lama, d/b/a Coral, 471 Thames St.
4) Five Below, Inc., d/b/a Five Below, 199 Connell Highway
5) Tsering W. Ngamdung, d/b/a Lotus, 411 Thames St.
6) Newport Historical Soc., d/b/a Museum of Newport History, 127 Thames St.
7) The Fudgery Inc., d/b/a Newport Fudgery, 168 Thames St.
8) The Fudgery Inc., d/b/a Newport Fudgery, 359 Thames St.
9) Marriott Hotel Services, d/b/a Newport Marriott Hotel, 25 America's Cup Ave.
10) American Shipyard Co., LLC, d/b/a Newport Shipyard Outfitters, 33
Bannister's Wharf
11) C.O.T., Inc., d/b/a Newport Sunglass Shop, 109 Swinburne Row
12) Oriental Arts, LTD, d/b/a Oriental Arts,103 Swinburne Row
13) Pink Pineapple, LLC, d/b/a Pink Pineapple, 380 Thames St.
14) Primavera, Inc., d/b/a Primavera, 4 Bowen's Wharf
15) Sally Beauty Supply, Inc., d/b/a Sally Beauty Supply, 199 Connell Highway
16) Bunnies Unlimited, LLC, d/b/a Sequin, 117 Bellevue Ave.
17) Bunnies Unlimited, LLC, d/b/a Sequin, 474 Thames St.
18) Jane Kropp, d/b/a Stardust Fashion Jewelry, 359 Thames St.
19) Hyatt Regency Newport, d/b/a Stillwater Spa, 1 Goat Island
March 23, 2011
Page 3
20) Tsering Ngamdung, d/b/a Tibet-in-Port, 411 Thames St.

21) Caje Enterprises, LLC, d/b/a The UPS Store, 270 Bellevue Ave.
g. Second Hand License, Renewals:

1) Boston Twins, LLC, d/b/a Karma, 13 Touro St.
2) Washington Sq. Services Corp., d/b/a St. Paul's Thrift Shop,
326 Broadway
h. Holiday Selling License, Renewal, Mint, LLC, d/b/a Wish, 106 William
St. (new location)
1. Second-hand License, Renewal, Mint, LLC, d/b/a Wish, 106 William St.
(new location)
J. Waste Hauler License, New, American Carting Express, Inc., d/b/a Throw
Away, 19 Tartaglia St., Johnston, RI.
k. Resignation of Marty Grimes from the Energy & Environment

Commission (Receive with regret)
1. CRMC notices of intention to change management plans, policies,

procedures and regulations (Receive)
m. Claim of Timothy and Rachae1 Cavazza (Receive and refer to city

solicitor)
LICENSES AND PERMITS
2. Annual Victualing License, New, 108 Laces, Inc., d/b/a Mudville Pub, 8 West
Marlborough St., first floor and rear patio (in conjunction with transfer of Class
BV alcoholic beverage license)
COMMUNICATIONS &PETITIONS
3. Communication from Turner C. Scott, Esq., on behalf of Verbena, LLC, 155

Ocean Ave., re: Installation of Buried Utility Lines Along Shoulder (of Ocean
Ave.) to Replace Existing Overhead Lines between Gooseberry Beach and
Carroll Ave.
March 23, 2011
PageS
11. Communication #4818111, re: Bid Award for Memorial Boulevard Stonewall
Restoration (with accompanying resolution)
12. Communication #4819111, re: U.S. Environmental Protection Agency Grant

Application -- Assistance Award (Easton's Beach UV Project) (with
accompanying resolution)
13. Communication #4820111, re: Bid Award for Engineering Services for Bliss
Mine Force Main Evaluation (with accompanying resolution)
14. Communication #4821111, re: Bid Award for Engineering Services for Sanitary
Sewer Improvements (with accompanying resolution)
15. Memorandum from the City Manager, re: Commercial Recycling (Resolution
No. 2011-11)
16. Memorandum from the City Manager, re: Planning Department Evaluation
(Resolution No. 2011-12)
ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSE

COMMISSIONERS
March 23, 2011
Page 6
BOARD OF LICENSE COMMISSIONERS
1. CONSENT CALENDAR (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY
UNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED
SUBJECT TO COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)
a. Communication from the Shareholders of Mama Luisa, Inc., d/b/a Mama

Luisa Italian Restaurant, 673 Thames St., re: Notice of Change in Stock.
(Receive) .
b. Class F-l Daily Liquor Licenses, International Tennis Hall of Fame, Inc.,
194 Bellevue Ave., July 4 to 10, 2011.
c. Sunday Selling License, Renewal, Vickers' Liquors, LLC, d/b/a Vickers'

Liquors, 274 Bellevue Ave.
2. Application of Newport Prescription Center, Inc., d/b/a Island Liquors, 291

Broadway, holder of a Class A alcoholic beverage license, to expand its licensed
premises into 289 Broadway, for a total licensed premises of 6,680 square feet.
(Hearing)
3. Application of Great Pub, LLC, d/b/a Mudville Pub, 8 West Marlborough St.,
first floor and rear patio, to transfer its Class BV alcoholic beverage license to
108 Laces, Inc., d/b/a Mudville Pub, for the same premises. (Hearing)
a. Communication Lillian Magee Lloyd, Esq., re: notification that transfer

of the Class BV License to MLJ, Inc. (approved by Council on Feb. 23,
2011) is no longer under consideration.
b. Bills ofIndebtedness:
1) Newport Specialty Foods: $ 2,935.17
2) Don Jestings & Sons: $ 1,519.66
3) McLaughlin & Moran, Inc. $ 7,401.40
4) RI Distributing Co. $ 1,610.24
5) Horizons $ 6,956.49
6) Shoreline Electrical Services, Inc.: $ 1,400.00
7) Lillian Magee Lloyd, Esq., on behalf of
MLJ, Inc. (Michael P. Jacquard) $30,646.00
March 23, 2011
Page 7
COMMUNICATIONS FROM THE CITY MANAGER
4. BLC Communication #4811/11, re: Show Cause Hearing: Billy Goode

Company, Inc., d/b/a Billy Goode's - Violation of the Conditions of the Class
BV Alcoholic Beverage License - Failure to Submit a Certificate of Good
Standing from the Secretary of State, Failure to Pay Renewal Fees (Plus
Penalties) for said Alcoholic Beverage and Victualing Licenses, Failure to
Receive Clearance from the Newport Tax Collector, and Failure to Submit
Verification of Alcohol Server Training. (Continued from 3/9/2011)
5. BLC Communication #4812/11, re: Show Cause Hearing: A&O, Inc., d/b/a
Asterisk - Violation ofthe Conditions ofthe Class BV Alcoholic Beverage
License - Failure to Receive Clearance from the RI Division of Taxation and
Failure to Submit a Certificate of Good Standing from the Secretary of State.
(Continued from 3/9/2011)
6. BLC Communication # 4813/11, re: Show Cause Hearing - Oak Street

Partnership, Inc., d/b/a Kerry Hill Club for: Violation of the Conditions of the
Class D Alcoholic Beverage License - Failure to Receive Clearance from the RI
Division of Taxation, Failure to Submit a Certificate of Good Standing from the
Secretary of State, Failure to Pay the Current Year Alcoholic Beverage License
Fee, and Failure to Receive Clearance from the Newport Tax Collector.
(Continued from 3/9/2011)
Kathleen M. Silvia
City Clerk
March 16, 2011

MINUTES OF THE COUNCIL MEETING
HELD MARCH 9, 2011
The following items of business, filed with the City Clerk under the Rules of the Council, carne
before the Council at its regular meeting held on March 9, 2011.
MUSICAL SELECTIONS WERE PLAYED BY THE ANCIENT ORDER OF

HIBERNIANS PIPE & DRUM BAND
The MAYOR called the meeting to order at 6:32 p.m.
The City Clerk called the roll and the following members were present:
CHARLES y. DUNCAN JEANNE-MARIE NAPOLITANO

KATHRYN E. LEONARD NAOMI NEVILLE
JUSTIN S. MC LAUGHLIN STEPHEN C. WALUK, MAYOR
ABSENT: HENRY F. WINTHROP
MAYOR WALUK read a Proclamation declaring March 2011 as IRISH HERITAGE MONTH, :
and presented copies to Richard O'Neill, State President of the Hibernians, and to Mayor Michael
Frawley of Kinsale, Ireland.
The Honorable MICHAEL .T FRAWLEY, JR., Mayor of Newport's Sister City of Kinsale, Ireland,
extended the greetings of Kinsale and spoke on the Newport-Kinsale Sister City relationship.
1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCIL
REMOVES AN ITEM FOR DISCUSSION, ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #31-
80 AND #98-40.)
a. Minutes of the February 23, 2011, Council Meeting (Approve)
b. Special Event Licenses:
1) The Pier Restaurant, d/b/a St. Patrick's Day Parade Party; 10 Howard Wharf
(outdoors), March 12,2011, from Noon to 6:00 p.m. (Annual outdoor
entertainment license is limited to April through Sept. 30)
2) Sail Newport, Inc., d/b/a Sail Newport's Shipwrecked Party/Fundraiser; 181
Bellevue Ave. , May 7, 2011, from 7:00 p.m. to Midnight.
3) Manuka Sports Event Management, d/b/a Atlantic Cup; Newport Shipyard,
May 15, 2011, from 10:00 a.m. to 10:00 p.m.
4) Historic Wharves Assoc., d/b/a Newport Summer Comedy Series/Concert
Venue - Show #2; Newport Yachting Center, Saturday, July 23,2011, from
9:00 p.m. to 11:00 p.m. (Annual license limited to 10 p.m. on Saturdays)
5) Historic Wharves Assoc., d/b/a Newport Summer Comedy Series/ Concert
Venue - Show #2; Newport Yachting Center, Saturday, August 6, 2011, from
9:15 p.m. To 11:00 p.m. (Annual license limited to 10 p.m. on Saturdays)
6) Newport Festivals Foundation, Inc., d/b/a Newport Folk Festival; Fort Adams
State Park, July 30 and 31, 2011, from 11:30 a.m. to 7:00 p.m.
HELD MARCH 9, 201 I
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7) Newport Festivals Foundation, Inc., d/b/a Newport Jazz Festival; Fort Adams
State Park, August 6 and 7, 201I, from II :30 a.m. to 7:00 p.m.
c. Banner License, Salve Regina University, June 2-6,201 I, promoting SRU
Reunion Weekend (banner to be between Salas' Restaurant and The Red Parrot)
d. Daily Entertainment License, Ancient Order of Hibernians, March I I
and 12,2011, from 6:00 p.m. to Midnight
e. Holiday Selling Licenses, New:
1) Madeline M. Lonski and Joseph Lonski, d/b/a Mimi's for Kids, 154 Mill St.
2) Joan Simonetti, d/b/a BICO Providence, 400 Thames St.
f. Holiday Selling Licenses (new owners):
I) Zain Tariq Jakhar, d/b/a 7-Eleven #32508C, 95 Broadway
2) Ki-Ra Salon, Ltd., d/b/a Ki-Ra Salon, 6 West Marlborough St. (new location)
g. Holiday Selling License, Renewal, Style Newport, LLC, d/b/a Style Newport, 302
Thames St. (new location)
h. Holiday Selling License, Renewal, Jason Carbonneau, d/b/a Jason & Co., 182 Thames
St, Unit C (new location)
i. Holiday Selling License Renewals (list attached)
j. Second-hand License, Renewals (list attached)
k. Sidewalk Cafe License, Renewal, Howley Bread Group, Ltd., d/b/a Panera
Bread
I. Victualing License, New, Zain Tariq Jakhar, d/b/a 7-EIeven #32508C, 95 Broadway
(new owner)
m. Communication from Cynthia Robinson, President, Rec Reunion Association, asking
to relocate the basketball tournament scheduled for August 1, 20 I I, from Sullivan
School to the Edward St. Basketball Court. (Approve subject to details being worked
out with the city administration)
n. REMOVED: Communication from George Brian Sullivan, Ph.D., President, The
Newportant Foundation, asking that the comer of Thames and Green Streets be named
"JK Sullivan Square" and to decorate the JK Sullivan monogram in the Belgian Blocks
at said intersection. (Receive and refer to the city administration)
o. Communication from Gregory F. Fater, Newport Gulls, Ltd., asking permission to
place a temporary sign at the Rotary on Connell Highway, and in the medians on
Memorial Blvd. and America's Cup Ave. on Gulls' game days and during the playoff
games. (Approve subject to details being worked out with the city administration.)
p. Communication from David C. Hanos, Jr., President, Local 1080, IAFF, asking to
commence negotiations for the July 1,2011, to June 30, 2012, year. (Receive and
refer to City Solicitor)
q. Resignation of Thomas Gallagher from the Film Commission (Receive with regret)
r. REMOVED: Annual Report of the Cliff Walk Commission (Receive)
s. Claim of Anny Hernandez, by Attorney (Receive and refer to the City Solicitor)
MAYOR WALUK moved the Consent Calendar be adopted, with the exception of Items n and r.
Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.
n. Communication from George Brian Sullivan, Ph.D., President, The Newportant

Foundation, asking that the corner of Thames and Green Streets be named "JK
HELD MARCH 9, 201 I
Page 3
Sullivan Square" and to decorate the JK Sullivan monogram in the Belgian Blocks at
said intersection. (Receive and refer to the city administration)
DR. G. BRIAN SULLIVAN asked the Council at this time allow the Belgian blocks with Jeremiah
Sullivan's initials and date the road was installed, 1908, be chalked over in green for the S1. Patrick's
Day Parade. MAYOR WALUK, saying it was a great idea, suggested Dr. Sullivan discuss the matter
with the city administration. COUNCILORS MC LAUGHLIN and NEVILLE also expressed their
support.
COUNCILOR MC LAUGHLIN moved the communication be received and referred to the City
Administration. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
r. Annual Report of the Cliff Walk Commission (Receive)
MAYOR WALUK moved the communication be received. Seconded by COUNCILOR MC

LAUGHLIN.
COUNCILOR NEVILLE said she had questions regarding toilet facilities and vendors at the 40 Steps
and Cliff Walk.
ROBERT POWER, Chairman, Cliff Walk Commission, said the City has found a solution to the
problem of the port-a-johns being tipped over at the 40 Steps; however, the Commission has
discussed having a better facility at the site at no cost to the City. He said when the type of facility is
determined, the Commission would seek a donation from a foundation. He suggested that some
parking meters could also be installed in the area of the 40 Steps, the revenue from which could be
dedicated to paying for maintenance ofthe facility. With regard to vendors, he said the Commission
does not want to see the Cliff Walk commercialized; however, there are problems with vendors,
particularly on weekends. He said while it may appear in some instances that young people are
selling drinks, they are really adult operations where deliveries are made to the vendors' stands. He
said there are also occasions where other than drinks are being sold.
The motion to receive the report was VOTED UNANIMOUSLY.
2. Victualing License, Expansion, Salvation Cafe, Inc., d/b/a Salvation Cafe, 140-142 Broadway:
Kitchen and storage area in basement; 292 sq. ft. of expanded seating area on west side of
building; new 900 sq. ft. seasonal outdoor patio on west and south sides of building; and new
490 sq. ft. indoor function area and 477 sq. ft. outdoor deck on second floor.
MAYOR WALUK moved the expansion be approved. Seconded by COUNCILOR LEONARD and
VOTED UNANIMOUSLY.
3. APPOINTMENTS TO BOARDS AND COMMISSIONS

HELD MARCH 9,201 I
Page 4
Waterfront Commission (one vacancy) - Applicants: Richard Barker, Daniel Benson, Kevin
Dwyer, Thomas A. Evans, Rudd Hall, John Olivera, Andrew Radel, Fred Roy, Jan Slee and
Robert Spagnolo
MAYOR WALUK moved John Olivera be appointed to the Waterfront Commission. Seconded by
COUNCILOR LEONARD and VOTED UNANIMOUSLY.
Historic District Commission (one full member; one Alternate) - Applicants: Lauren H. Carson,
Lewis John and Kristine Royal. NO ACTION TAKEN
Newport Housing Authority (one vacancy) - Applicants: Charles Laranjo, Nikki Vazquez, and
Patricia Archer. NO ACTION TAKEN
MAYOR WALUK moved William Corcoran be reappointed to the Redevelopment Agency.

Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
MAYOR WALUK moved Lois V. Eberhard and William Steeves be reappointed to the Tree & Open
Space Commission. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
MAYOR WALUK moved Ronald Becker be reappointed to the Trust & Investment Commission.
Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
RESOLUTIONS
4. Hosting of Congress of Councils Meeting to Fight LNG Facility in Fall River, MA - N.

Neville, S. Waluk, J. McLaughlin
COUNCILOR NEVILLE introduced the resolution and moved for its adoption. Seconded by
COUNCILOR LEONARD AND VOTED UNANIMOUSLY.
ORDINANCES
5. Amending Chapter 1.14.200 of the Codified Ordinances, entitled, "Violation of Chapter

12.72, Bicycles," to implement fines payable by mail.
MAYOR WALUK moved the ordinance be adopted on second reading. Seconded by COUNCILOR
MC LAUGHLIN and VOTED UNANIMOUSLY.
6. Communication #4800/11, re: Mass Notification System - Code Red (continued from
February 23, 20 II)
COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying

resolution adopted. Seconded by COUNCILOR NAPOLITANO.
HELD MARCH 9, 2011
PageS
COUNCILOR LEONARD said she would like more information. She said the system doesn't seem
to be geared just towards emergencies and asked what kind of policy would be formulated. CITY
MANAGER EDWARD LAVALLEE responded that the system has a wide application and if the
system is purchased a policy would then be established. He said it will be used for such things as
winter storm warnings, hurricanes, high winds, flooding, gas leaks, etc. He said the user can isolate
when and who would get notified by Code Red, which will be used by the Police, Fire, and Utilities
Departments, as well as MIS. He said people with cell phones and computers can be enlisted to
participate in the program.
COUNCILOR LEONARD said she was uncomfortable with moving forward without first having a
policy in place. She asked who would have access to the data base and what type of security there
would be so that no one could hack into it. CITY MANAGER LAVALLEE responded that the data
is encoded and will be protected and not distributed. He said he is very confident with the protection
that is offered with it. COUNCILOR DUNCAN said he shared Councilor Leonard's concerns. He
cited the $35,703.27 cost for the program and said he believed sufficient notice of emergencies is
broadcasted on radio and TV, and suggested that the City could return to the use of the fire alarm
whereby years ago the number of blasts indicated an emergency.
COUNCILOR MC LAUGHLIN asked how people will be enrolled in the system; CITYMANAGER
LAVALLEE responded it would be by telephone, e-mail, and cell phone. COUNCILOR MC
LAUGHLIN suggested that once it is implemented there be a test to ensure that people are getting the
message. MAYOR WALUK concurred.
VOTE on the motion to approve:
In favor - MAYOR WALUK; COUNCILORS MC LAUGHLIN, NAPOLITANO and

NEVILLE.
Opposed - COUNCILORS DUNCAN and LEONARD.
7. Communication #4807/11, re: Implementation of Twenty-four Hour Resident Parking on

Washington St., from Marsh St. to Poplar St. (with accompanying ordinance)
MAYOR WALUK moved the communication be received and the accompanying ordinance adopted
on first reading. Seconded by COUNCILOR MC LAUGHLIN.
COUNCILOR NAPOLITANO said she had concern about the number of people who signed the
petitions, as well as implementing sticker parking along side Storer Park. She said she would like to
see a map of Washington St. and the surrounding area indicating what parking restrictions are
currently in place.
COUNCILOR DUNCAN said that as the First Ward representative he is well aware of the need for
24-hour resident parking because people at Newport Shipyard are abusing the use of on-street parking
spaces. COUNCILOR MC LAUGHLIN said he also would like more information because he was
not sure how the 24-resident parking would integrate with parking on the rest of the street.
HELD MARCH 9, 201 I
Page 6
COUNCILOR MC LAUGHLIN moved this item be continued to the March 23'd meeting, at which
time a map of the entire length of Washington Street and the side street noting current parking
restrictions should be included. Seconded by COUNCILOR NAPOLITANO.
COUNCILOR NAPOLITANO expressed concern that if this were approved for Washington Street all
the streets in the area will follow suit. MAYOR WALUK said he would support the continuation, but
in all probability he will vote for the ordinance because Councilor Duncan supports it and the
residents have followed the procedures and meet the requirements for the change to 24-hour sticker
parking.
VOTE on the motion to continue:
In favor - MAYOR WALUK; COUNCILORS LEONARD, MC LAUGHLIN,

NAPOLITANO and NEVILLE.
Opposed - COUNCILOR DUNCAN
8. Communication #4808/11, re: Bid Award for Washington Street Fence Replacement

resolution adopted. Seconded by COUNCILOR LEONARD and VOTED UANIMOUSLY.
9. Communication #4809/11, re: CSO Stakeholders Workgroup
COUNCILOR MC LAUGHLIN moved the communication be received and appointment of a

member from the Aquidneck Island Planning Commission to the Workgroup be approved. Seconded
by COUNCILOR LEONARD and VOTED UNANIMOUSLY.
10. Communication #4810/11, re: Bid Award for Engineering Services for Beach Pump Station
Evaluation

resolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UANIMOUSLY.
7:10 P.M. ADJOURNED AS COUNCIL AND CONVENE AS BOARD OF LICENSE

COMMISSIONERS
HELD MARCH 9, 2011
Page 7
1. Application for a Class F-l Daily Liquor License, Sail Newport, Inc., d/b/a Sail Newport's
Shipwrecked Party/Fundraiser at 181 Bellevue Ave., May 7,2011.
CHAIRMAN WALUK moved the license be approved. Seconded by COMMISSIONER

NAPOLITANO and VOTED UNANIMOUSLY.
2. Application of Salvation Cafe, Inc., d/b/a Salvation Cafe, 140-142 Broadway to expand the
license premises of its Class C alcoholic beverage license to: kitchen and storage area in
basement; 292 sq.ft. seating area on west side of building; 900 sq. ft. seasonal outdoor patio on
west and south sides of building; and 490 sq. ft. indoor function area and 477 sq. ft. outdoor
deck on the second floor. (Hearing)
COMMISSIONER MC LAUGHLIN moved the hearing be closed. Seconded by COMMISSIONER

NEVILLE and VOTED UNANIMOUSLY.
COMMISSIONER MC LAUGHLIN moved the expansion be approved. Seconded by

COMMISSIONER LEONARD and VOTED UNANIMOUSLY.
3. BLC Communication #4811/11, re: Show Cause Hearing: Billy Goode Company, Inc., d/b/a
Billy Goode's - Violation of the Conditions of the Class BV Alcoholic Beverage License-
Failure to Submit a Certificate of Good Standing from the Secretary of State, Failure to Pay
Renewal Fees (Plus Penalties) for said Alcoholic Beverage and Victualing Licenses, Failure to
Receive Clearance from the Newport Tax Collector, and Failure to Submit Verification of
Alcohol Server Training
COUNCILOR DUNCAN recused himself.
CHAIRMAN WALUK moved the hearing be continued to the March 23'd council meeting.
Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY (5-0).
4. BLC Communication #4812/11, re: Show Cause Hearing: A&O, Inc., d/b/a Asterisk-
Violation ofthe Conditions of the Class BV Alcoholic Beverage License - Failure to Receive
Clearance from the RI Division of Taxation and Failure to Submit a Certificate of Good
Standing from the Secretary of State.
HELD MARCH 9, 201 I
PageS
CHAIRMAN WALUK moved the hearing be continued to the March n'd council meeting.
Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.
5. BLC Communication # 4813/11, re: Show Cause Hearing - Oak Street Partnership, Inc., d/b/a
Kerry Hill Club for: Violation of the Conditions of the Class D Alcoholic Beverage License-
Failure to Receive Clearance from the RI Division of Taxation, Failure to Submit a Certificate
of Good Standing from the Secretary of State, Failure to Pay the Current Year Alcoholic
Beverage License Fee, and Failure to Receive Clearance from the Newport Tax Collector
CHAIRMAN WALUK moved the hearing be continued to the March 23'd council meeting.
Seconded by COMMISSIONER NEVILLE and VOTED UNANIMOUSLY.
7:12 P.M. ADJOURNED
Kathleen M. Silvia
City Clerk
,
City ofNewport, Rhode Island

APPLICATION FOR A SPECIAL EVENT LI
EVENT TITLEtrYPE: Iv'£MtlJd cYAtltJ.ili' c!'.6!£O}!;lltc

4t!'17tPcJt: (!/l££xltf6J/l1tr~1
LOCATION OF EVENT:
Date(s) of Event:
Hours of Event:
Holder of Event & DBA:
Signature of Holder of Event: I }1/tltlo1i;:J4

Printed Name: IIJJIlIftt )/r;;fftJlfr- Title: IO;/;r;/R4/lA/
I
Address of Holder of Event: fit), &'J)( tflJ1'0 .#t5u/lO,e.J; If.t: o.2iC;o
Business Telephone: Ii0/ 161-1'16 Z I Residence Telephone: I.62lJ fI2-(,275"

Is Organization Non-Profit? I /I/o I Is Organization Religious? I /liD I
Is there a charge for admission? I Ves II
JIlitg: 1ft:,~_1,
Is event to be on City, State, or Private Property? ~:...::...;:::.-!~~fo/~-, - - - - - - - - - -
Name of Property Owner of Event Site: I -S-r-~ cJ f lli<!cIc- -;t;JtJL

Signature of Property Owner:
Printed Name of Property Owner: /J j YI"""-'-

I (/C/l/ll/./I\. Q,
(Include Plan) .
'-;===========:=:============:
Will Event be Indoors or Outdoors? IOI)t./.l:0 £S'
--J
EVENT HOLDER fl/et/t?Jl2fs.M~<![ £LC!:.c
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 2)
If Outdoors, will toilet facilities be provided? I Jlt;s I

If so, location of toilet facilities: 12A<OaJ,e 1014:/:5 ml/A.acb IAr;§/i}f ~l2j)JI)14tS'
(Include on plan)
Will a tent be erected?

(Include on plan)
I y6S COPY OF TENT PERMIT MUST BE ATTACHED. &,/CirtJh1ef.')
.mt-;r~(;;y
Expected Attendance: I /~tJt> Seating Capacity:1--,/,~1/,(.J./d~===~
Is parking available: I yes For how many vehicles? J 3:x
d
CONCERT I (II!JI Is staging or platform required? ___I Amplification?
List types of musical instruments:
1 _
DANCE I~/lf I DEEJAY Amplification: 1 _
SPORTING EVENT I;fI1Il Type: 1
Set-up Dates (Sporting events only): IL~~==================

_
If yes, what type: 1 - - - - - -
cmcus 8a:J Will there be animals? 1

EVENT HOLDER 1116tt.JtPd6iEGtA/(1C' &'
APPLICATIONFOR A SPECIAL EVENT LICENSE
(Page 3)
Will LIQUOR be served? 1 yC'.s:
If yes, will you be applying for a Class F or F-I Liquor License? 1 ;110
Ifnot, will another's license be used? I ,V?'S
If so, whose? !!?vss /J1MYJ/ {!47fIi?L7!//t;~f
Will there be gambling, e.g., bingo, raffle, etc.? Illio Do you have State Police Approval? 1 _
List Names ofYendors Item to be Furnished
For Retail Sales Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS IV/If
Do you or the pyrotechnic have Newport Fire M~ar::.s::.h:::al::.a=p:::p::.ro:.:v.::al::.?_-====== _
Location from where fireworks will be shot:
Time fireworks will begin: 1 Duration: 1 _
NOTE: Iffireworks are to begin or end after 10:00 p.m., a sound valiance 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) CJ On Sidewalk(s) CJ

Has notification been made to residents along the route? _ _
Have temporary signs been posted? (Signs must be removed by the following day.)
SPECIFIC ROUTE:
fl" " ' ':::iJJ' ", ,
. -- ----,
-
I
I
',' semates I
I
ate I
urn I
I
tight Barracks/ I
I
strooros I
Gate I
I
JTS Center
lLawn
.e Field
-----
'.
EVENT TITLE/TYPE: Campbell's Hall of Fame Tennis Championships
LOCATION OF EVENT: International Tennis Hall of Fame, 194 Bellevue Ave, Newport, RI
Date(s) of Event: I Monday, July 4 - Sunday, July 10, 2011
Hours of Event:
I July 4 - 10 from lOam ' 6pm
Holder of Event & DBA: I International Tennis Hall of Fame
Signature of Holder of Event: cbk tft:y_'i_' Vl'\()

__, --
Printed Name: I Colleen K. Hopkins I Title: Director of Special Even s
Address of Holder of Event: 1194 Bellevue Avenue, Newport, RI 02840
,
Busmess Telephone:
I (401) 849-3990
Residence Telephone:
I (401) 639-9639
_
I~
Is Organization Non-Profit? IftS
Is Organization Religious? _
Is there a charge for admission? l'-y_e_s 1 I

Private Property
Is event to be on City, State, or Private Property? -------------~--------
Name of Property Owner of Event Site: I_-,C:::._Itr_U.::..._'4.--=--'0_---,.l-'-l_iv'>...:--::..· _
HoV~;1'\.S I 'V,r-ector /:: &eC'\OL\ tWAi-!s.

Signature of Property Owner:
Co\luv\ t
Printed Name of Property owner:1
tV\+((Vldl~''\t.t- \ T-cVtl'\~ HcJl J ~ 1Y\i:
--;::::============================
I
Will Event be Indoors or Outdoors? Outdoors
(Include P l a n ) - - - - - - - - - - - , - _
EVENTHOLDER ~ _
APPLICAnON FOR A SPECIAL EVENT LICENSE
(Page 2)
If Outdoors, will toilet facilities be pro~v~id:e:d~?-=I =ye=s=====- _

If so, location of toilet facilities:
(Include on plan)
Will a tent be erected? COPY OF TENT PERMIT MUST BE ATTACHED.

(Include on plan)
1 20 ,000 . 1 3 ,500
Expected Attendance: Seatmg Capacity: _
I Yes
Is parking available: For how many vehicles?
CONCERT I_N_O _ Is staging or platform required? Amplification?
1 - - - -
DANCE I_N_o_ _ DEEJAY I_N_o_ _ Amplification: 1 _
SPORTING EVENT IL es__

Y
_ Type: Men I B Professional Tennis Tournament
Set-up Dates (Sporting events only):
PLAY If yes, what type: 1 - - - - - - -
CARNIVAL CIRCUS INo Will there be animals? I

If yes, types of animals:
SHOW OR EXHIBITION: IL Type: I

N_o _ _
OTHER (describe)
~===--~-=======================
1 _
Are required approvals attached, e.g., State, Recreation Dept.? N_I_A

LI _
Is a street closing being requested?
Will food be prepared on the premises? I Yes
If so, is Health Dept. Inspection Approval attached?

EVENT HOLDER ----,--
(Page 3)
Will LIQUOR be served?

I Yes
If yes, will you be applying for a Class F or F-l Liquor License? I Yes
If not, will another's license be used?
Ifso, whose? 1 _
Will there be gambling, e.g., bingo, raffle, etc.? INo

------'
Do you have State Police Approval? IL
NO
_ __
List Names of Vendors Item to be Furnished
For Retail Sales - Have you completed a "Promoter's Applicatiou For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
Do you or the pyrotechnic have Newport Fire Marshal approval?
Time fireworks will begin: 1 _ Duration: 1'-- ----'

NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
detail officers at sponsor's expeuse.
ROAD RACE, WALK-A-THON, ETC. On Roadway(s) On Sidewalk(s) c=J

Has notification been made to residents along the route? _ _
SPECIFIC ROUTE:
City ofNewport, Rhode Island •'
APPLICATION FOR A SPECIAL EVENT LICEN$E Pl-'Z\b~1
MAn 1 4 i'DP ",J' / \
DATE: February 25, 2011
EVENT TITLE/TYPE:
Newport Jazz Festival Opening Night
i\ ...
'" "r
LOCATION OF EVENT: International Tennis Hall of Fame @ Newport Casioo
I
Date(s) of Event: I
Augnst 5, 2011
- - - - - - -
Hours of Event: 8:00 PM - 11:00 PM, doors open, 6:30 PM I
- - - - -
Holder ofEvent & DBA: INewport Festivals Foundation, Inc.
Signature of Holder ofEvent:
Printed Name:
Jill Davidson Title: I Festival Director
'------;:==================-------=============~
Address of Holder of Event:
100 Cummings Center, Suite 327J, Beverly, MA 01915
·
B usmess Te Ieph one: 1
L-978-338-5664 ....J Residence Telephone: I 978-927-9656 -'
Is Organization Non-Profit? IL_'t_es _ Is Organization Religious? I_N_O _
Isthere a charge for admission? 1_'t_cs

Private
1 I
Is event to be on City, State, or Private Property? - - - - - - - - - - - - - - - - - - - - - - '
Name of Property Owner of Event Site: I International Tennis Hall ofFame

/\ ' - - - - - - - - - - - - - - - - - - - - -
Signature ofProperty Owner: I (I
,c
~
\Avr\..
lin IT
LJl.c::.."i+"L=~=-,\-V'lo__:._ _
Printed Name of Property Owner:
Will Event be Indoors or Outdoors? I Outdoors w/in venue

(Include Plan) -------------~---------
EVENT HOLDER c- __
(page 2)
If Outdoors, will toilet facilities be provided? I'--Y_es _
If so, location of toilet facilities:

(Include on plan)
Will a tent be erected? COPY OF TENT PERMIT MUST BE ATTACHED.

(Include on plan)
Expected Attendance: I 3,000 Seating Capacity: 1_3_,_80_0 _
N/A
Is parking available: NO For how many vehicles?
CONCERT I_Y_e_s_------' Is staging or platfonn required? I_Y_e_s_ _ Amplification? I_Y_e_s_ _

Piano, Bass, Dnuns, Brass, Woodwinds, Vocals, etc.
DANCE I_N_O_ _ DEEJAY IL-_N_O _ _ N_/A

Amplification: IL_ ------'
SPORTING EVENT I No Type: I_N_I_A -----------J
Set-up Dates (Sporting events only): _N..,.I_A --'
PLAY If yes, what type: I_N_I_A --'
CARNIVAL I No I cmcus I Will there be animals?

No I_N_O_--,
If yes, types of animals: I NIA I

SHOW OR EXHIBITION: I
--;:=~-~=================;-
Type:I~N_I_A
No _
OTHER (describe) 1 _
Are required approvals attached, e.g., State, Recreation Dept.? IL_N_/A _
Is a street closing being requested? IL_N_O _
Will food be prepared on the premises? IL._N_O ---'
If so, is Health Dept. Inspection Approval attached? 1L._N_1A_ _ ...J

EVENT HOLDER_-=-===-:-::=:-=:-::--=======-=
(Page 3)
Will LIQUOR be served? I Yes

If yes, will you be applying for a Class F or F- I Liquor License?
If not, will another's license be used? I Yes

If so, whose? I International Tennis Hall of Fame
Will there be gambling, e_g., bingo, raffie, etc.? ILN_O_---' Do you have State Police Approval? I N/A
List Names of Vendors Item to be Furnished
For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957) In process.
FIREWORKS
Do you or the pyrotechnic have Newport Fire Marshal approval? I- - - - - -

N/A

I N/A
Time fireworks will begin: '_N_I_A _ Duration:
NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
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? _

SPECIFIC ROUTE:
EVENT HOLDER -=-=-=-=---:-c====-=-=====-====-==

(Page 4)
V '1-\ \-c J "'\ I \ 1\.......\......) I L-~ J L.c"--/ \ \
...........ilWlliliil£~~lM!id.~
CITY OF NEWPORT, RHODE ISLAND

APPLICATION TO HANG BANNERS OVER THE PUBLIC RIGHT-OF-WAY
DATB:L - Z r~-::,.'?911
I,': 'i') L~ [,~ I:~ ~ \VT'.[.t~,,;"
I·· . ,,. " 1
TO THE HONORABLE COUNCIL OF THE CITYOF NEWPORT:/;liil [., ,
, . IS
AppI!Cation h MAH 2 ?01 1
. h ereby rnad e to h ang a banner or banners over th e pub ".c. , f1e~.s~fway.·' h"
.
No, of Banners: I 5 Dates: fl l- - (-j f- I 5 ,Ci,:· r
J
(No earlier than three weeks before event; removal within three days after event)
Location:
Size and Description of Banner (include photo or drawing): . 3 ~ '/'2.. X 30
Applicant:
d/b/a: ---'--"'""""'''-F''''-=''----.J....I.''-'-''-'-''''I.l£.'..><-=:>~_='_'_''~----------
Signature of Applicant: <;:::,-~",,"-.<,--::1I-~:::::::::::::"":"'L.~~~15J;.":5L--- _

Printed Name: =-'IL"'''-LIJ-.LJ"-....--LC01....L-=-·".,..Ltl.uo"'0""l¥f"'o..lS _
Address: 9.L6""'----'C-.-LVJ.J...:(,{~V'"c.hI.!.....!_ _\S""':t''-'-fI--lf\-''2'''"'e''''vo~r'''''oo;,,'l.'"-+.f-(-L.i<'=::+:I:-"",6C.(?-,~~'fO",,-
Business Tel. No. 1-/01 - 'fr'-f 7 -fo9:f7 Home Tel. No. _
************************* For Office Use Only ************************

Property Owner(s) Approval Rec'd: -----~----
National Grid & RIDOT Approvals Rec'd, if applicable: _

Insurance Certificate Rec'd (City of Newport named as certificate holder; $1 million personal bodily injury;
$2million general aggregate coverage):
$15.00 Filing Fee paid: .
3/'t.-[e.c\\
, :JfV\1-K
License Fee ($20 per day): $ _ Date paid: _
Council Action: _ Date: _
Date License Issued; _
c··' ···U····;· li,; :~: !! \" CITY OF NEWPORT, RHODE ISLAND
,
!i '.,
:' APPLICATION TO HANG BANNERS OVER THE PUBLIC RIGHT-OF-WAY
Ll[~A~1 ~~ 0/ i
"1 '
--J_
I
1
'U DATE, '1-,--,,--'1-,--1- -
[
····TdifBE HONORABLE COUNCIL OF THE CITY OF NEWPORT:
Application is hereby made to hang a banner or banners over the public rights of way.
No. ofBanners: L{ l) Dates: J \) I'H Z0 '. Jv \j I0 I Z() II
(No earlier than three weeks before event; removal within three days after event)
Location: 5\"C+ ect )\VVlff;C~'J Cvp 1Lcl\j \,Jht><r{ it\t1:(<,ecl<~VI aV\d c"nd
[~t-t\,t \~1-(f.seetlo~, of lY'IeW\"r\",,1 t.\V\J £,,\\ev\Je.
Size and Description of Banner (include photo or drawing): -,- _
5e-q'\"{ ~'::> In 2 e \D Phoh tttL.. ch.-ed. AfPfoj 3(/' '!?JI..,'~
Applicant: l,daM\.-tu 0..\ (-en N5

I) H'" l\ Iff T", VY\-e.
d/b/a: II'\~tr 110\' IOVlcL\ ~i'l~'7\1,,-\\ ,,1 .:r:.. VY\"C
Signature of Applicant: Co Lk 'btl '1'\L..=..~"",,,,--------
Printed Name: Cn\\·WIl~. \lDP$,\~S I 1),r,clDf';: 5VfCliA\ ~'lCl!\.1:7
Address: l'l.t1 ~e\ltl!$e A..reV\vt, Newpo"t, \(1 01."'6 'ill
Business Tel. No. t-j ~ \. ~ ~ ~ - 3'1'10 Home Tel. No. \...j{) 1- to 3 ~ - C[ Lt 3"
************************* For Office Use Only ************************
Property Owner(s) Approval Rec'd: ::---:----=-;--_---, _
National Grid & RIDOT Approvals Rec'd, if applicable: ; - If:-/ l-e'fMc'" "'C!
Insurance Certificate Rec'd (City of Newport named as certificate holder; $1 million personal bodily injury;
$2 million general aggregate coverage): ]·-t ;-/1- a.. (rach... d
$15.00 Filing Fee paid: ') -1)--114~.
License Fee ($20 per day): $ LfJ-O ~4-:1 Date paid:
Council Action: _ Date: _
Date License Issued: _
'DrY\1I'" L
~, I...,\.....LVJ
ffirt:::: (\J-\n~
11\ JPn {( Z3 'I
J LL!'"
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\
I."I_. II_.-.JJ Is",'.' ". "I'
?01\;--,;,;;:-
J
1.1 \\,/
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, " C I T Y OF NEWPORT, RHODE ISLAND 'j':I i.t_r/~\R11 ?011".,J
The undersigned respectfully petitIOns the Honorable Council for a HOLIDAY LICENSE to allow retail sales on t e followmg ho[i,qqy~,:;': ~~~~:.;-:."(
Year:s Day, Memorial Day, Fourth of July, Victory Day, Labor Day, Columbus Day, Veteran's Day. or on any da which any e~w~wr~~~?h?-h,~aY:I~
officially celebrated. No Holiday License shall be issued and a retail business shall not be open December 251.~of-any--year'-or~Tfianksgivmg-" "'-,,~~-- .•-
Day, except pharmacies, retail stores that principally sell food products and which employ fewer than six employees per shfft at anyone
location, flower, garden and garden accessory shops, video stores, and bakeries. (RI General Law 5-23)
Application is made for: HOLIDAY SELLING LICENSE Date: (,73,0 cr, 'd-O I )
LICENSE DURATION: April I,~ll through March 31, dot r-
BUSINESS OWNER: I YE-)f- (Si./M) i5 !2HOz>r I.~v
(Individual; COrpILLC, ~tc.)
BUSINESS D/B/A:
BUSINESS LOCATION:
OwnerlRepresentative:
Authorized Signature: .[~Ll?~__ I Title: [;LUfl1JA6¢ij

Owner's Home Address: IIf PE:PEIi57zg 4vt:' ;'JCIlJAA-Y>NJ~ tJr61-[)
Business Telephone No. ILfol (PI? 5.2t(tJ I Home Telephone No.: 17t.8.532."lt1:53 I
MAILING AnDRESS; I~i:le one) la) ;';5ine55 location Ih) owner'5 addre5~~her I;eeifyl
Q??,n()Z{J 6!<H:7df!Jrd ,7
.
AvE. 6t..Pb= fa J ,>.PiF7..00 tZ.
J ';"
'1 f2f)d KLIf/II
/' I
IV I( 1/?--2--z..
E-Mail Address:.il(yIllewptIY;t:&.ll71L....L4-taklvn
. j v "_.I
, (!-P2n-i
The undersigned has been in business since (year): :lt2/ 0
The business is principally engaged in the sale ofthe following types of goods: !Lttfl'7~'f!'Cl",~='e.l...<:<.L~. _
TRANSFERS ONLY COMPLETE THIS SECTION

PREVIOUS BUSINESS (ownership): _
PREVIOUS BUSINESS D/B/A: ~~_
PREVIOUS BUSINESS ADDRESS: ~ _

PREVIOUS OWNER'S SIGNATURE: _
FOR OFFICE USE ONLY
Filing Fee S15.00 Date Paid '0) \ ~ II \J f'/i'New 'Xl Renewal Transfer _
License Fee S100.00 Date Paid ~
DOCKET DATE: l'\.o.vC'h <:'.1701 \ COUNCIL ACTION: _ _ _ _ _ _ _-'DATE: _
License iSsued by: Date: _
3,- )-) -I ( i: i~1 ·~,:r
CITY OF NEWPORT, RHODE ISLAND 1ul
1
U
The undersigned respectfully petitions the Honorable CouncH for a HOLIDAY LICENSE to allow retail s es on e.following
ih\ii/l 1
NeJ ~olidays:
.!
I
Year's Day, Memorial Day, Fonrth ofJuly, Victory Day, Labor Day, Columbus Day, Veteran's Day, or onlany day whic~,~jt~en~mer~l~d holiday is:
officially celebrated. No Holiday Licens. sball bo issued and a retail busino" sball not bo open D~e~~•.of~kY:Yearo" Tbtilfksgiving.. )
Day, e..opt pbarmacios, retail stores that principally sell food products and wbich employ fewer than six employ..s per shift at anyone
location. floweB"', gal'den and garden accessory shOpSt video stores, and bakeries. (ft.1 General J...sw 5~23)
Application is made for: HOLIDAY SELLING LICENSE

LICENSE DURATION: April!, r:2iJu _ through Marcil 31, ;ED/ J.
BUSINESS OWNER:
(Individual, CorplLLC, etc.)
BUSINESS D/S/A:
BUSINESS LOCATION:
Owner/Representative:
Authorized Signature: ~~~~~~~==--~···--·-T-itle:f!-~~.~~
Owner's Home Address: :::D2:'.Z::!Z~-#~:;d..K.~~~~_""'I-jt1.f/l.e.e.e!.&d2p.U?t?t2f2
Business Telephone No.: ~J)dD1:~ Home;eiephone~o.: ~J)C: /q~4:h9J--
a Business locatio
E-Mail Address: ~C&de ::;p.r-a...b <§2~i.. Q . ~ .__

The undersigned has been in bnsiness since (year): .;J[)J J..
The business is principally engaged in the sale of the following types of goods: _ _. ..._ _..__
A:J:.;JbJL, _!:L~-SL~40 ~.h.....c~$.-----.--_· _
TRANSI''ERS ONLY COMPLETE TillS SECTION

PREVIOUS BUSINESS (ownership): _._ _._. .._ _ __ __ ._.._..__._._ _ __._ _ _ _ .._ .
PREVIOUS BUSINESS D/B/A: _. .__._ ..._... . ._ .__._...__.__._.__.. __ __.._...._
PREVlOUS BUSINESS ADDRESS; _ _ _ _ _.__.._ .._ .._ __ _ _ .. ..__. _
PREVIOUS OWNER'S SIGNATURE: _._ _ _ __ _ _.._ __.._ _ ~ _.
.F 'OR OW'F'IO!~ 1[)§l: ONLY

Fililllfj; Ji;',~e $15,O® Date f'aid3::!!~iL.r:::t..-:A''J<ew .......~ R~Jla .,,',nl ._~....._ ._ ._...'if"·"'Jlgf'l'· ......_......__....
U.:eIDlse ~i'®e $HIO,~l~ Date Paid~.~/Ll!-d,.-::;t.
.lJ\QC.lf}ll;:,UR!J,I..~: . ..l..:::d:I:LL..... COVNL:U, ACnON' " _..D An, , _ ~. _._.
CITYO¥l'm\V~PR pDE ~SL~.f.) ,
~~~.~;~' .·.;·~i.;.i
The undersigned respectfully petitions the HJKiiriilite Corin~i1 for a HOUb:A r:J(:':E~E i;;811J";'~eJun!il~ on the following holidays:
New
Year's Day, Memorial Day, Fomth of July, Victory Day, Labor Day, Colnmbus Day, Veteran's Day, or on any day wbich any enumerated holiday is
officially celebrated. No Holiday License sball be i••••d and a r.tan b••in••s sball not b. op.n December 25" of nny year or Tbank.glving
nay, exc.pt pharmacies, r.tail stores tbat principally s.1l food prodncts and which employ few.r than six .mployees p.r sblft at any on.
location. flower, gal'den and garden access~ry ShOPSf video stores, and bakeries. (RI General Law 5~23)
Application is made for: HOLIDAY SELLING LICENSE

LICENSE DURATION:
BUSINESS OWNER:
(Individual, CorpILLC, etc.)
BUSINESS D/B/A:
BUSINESS LOCATION:
OwnerlRepresentative:
Authorized Signature:
Owner's Home Address:
Business Telephone No.:
owner's address
E-Mail Address:kJ\S.Vt~~01: •.CM1II

I
n. S
_,,,,II, - - '
j11UL1l1lilf fJ UVJ£~'
ca
The undersigned has been in business since (year):
7.
/8 fY! 0) -'_
of" fullo_ _ ~'" jj)WYI1M! f C bflur>j__
~~~f~_. __._. . .-
TRANSFERS omY COIvIPLETE TillS SECTION

PREVIOUS BUSINESS (ownership): .._. .._. ._. .. ...__._. . .__
PREVIOUS BUSINESS D/B/A: _. .. . . .. ,_... . ..._
PREVIOUS BUSI1\iESS ADDRESS: _ _ .. . . . .. .._
PREViOUS OWNER'S SIGNATURE: . _ - ._._-----------------_•.... _----------....._ - - - ......_-------_.
1<'01.< (tJFl1'ICj~ 1[iSl': Oi"fLY

Fm.li;; 'Fee S15,1l1l Date Paid 311D+LL~.. New ...__ .~_.,__ Rel!"w~! ..xL__._.l'''~nsfe~· ._"._...__
__
l~iceIDlse~-etl$ii[lO.l~O Date Paid _3IJQjjJ.;'L
!J!,QCK.,K[l},;}:fE: jd$I,Jj:...L.LZJIZ~J.L CU!.1NLTL ACTION: __ __ Ii An,: _ _.__ .
uoe:-te{- ,DA-\E 2-0\ \
';'il~~mtl~l ".~II~\;~.i / {T,j)-il;'·([i;:;·r;·!···c .
TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT: . '-"i,T '. "" , ... J
Application is made for a SECOND HAND LICENSE DATE:'fj-- q'llII E
_
Date of Duration: ANNUAL, Business Phone:80/8Qg 62lfl--

BUSINESS NAME (ownership): Ml~lL!t",,--~ _
BUSINESS DBA: \N-'.\ Y l;-'--.-.--;--r"-.-_-----,....---
S::...' _
BUSINESS Location: 10 to \f\f\ \\~tUVl ';-1 (T;..
OWNER'S Name: ~$'axrv ~
OWNER'S Signature:-->,--,,-,-'f': ~~~c"-:o::'--:;;;-::= =-=--.---:_----:--.:::;--_ _
OWNER'S Home Address: ~ s-t.

OWNER'S Telephone #:_ _\ .-:0J:...J_90~r_O_&_1 y-'--- ~.L8_ '-t (.)
PREVIOUS BUSINESS (ownership): _

PREVIOUS BUSINESS DBA: _
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t til MAR - 4 2011 ill,/I
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Tp the Newport City Council and Energy & Environment Commission:
L. , .; ,,-.:t:
I write this letter of resignation from the Newport Energy & Environment Commission and as its
Chairman, a position I've held since January 2010, with a heavy heart.
For the few years the Commission has been in effect, traction is taking hold. I wish the remaining and
future members of the Commission success in tackling the many critical energy and related
environmental issues to Newport Residents and City Council with conviction and true purpose of action.
I applaud the City Council's action informing this Commission; a vision that can thrive with continued
collaboration and determination of effort.
Please accept this resignation, effective today, February 24,2011 with good faith and know that I will
support the City Council, Energy & Environment Commission and the City of Newport at all times.
Cordially,
Marty Grimes
STATE OF RHODE ISLAND ..
COASTAL RESOURCES MANAGEMENT COUNCIL
Oliver Stedman Government Center '
4808 Tower Hill Road; Suite 3, Wakefield, Rl 02879;1900
In accordance with and pursuant to the provisions ofthe "Administrative Procedures Act" (Section
42-35-3 of the General Laws of Rhode Island) and the Rule and Regulations of the Coastal Resources
Management Council, notice is hereby given of the intention of the Coastal Resources Management
Council to change the management plans, policies, procedures and regulations of the agency regarding
planning and management of the coastal resources of the State relative to Chapter 46-23 of the State of
Rhode Island.
The following change is proposed:
RI Coastal Resources Management Program
MANAGEMENT PROCEDURES
Revise Section 4.2 Information Requirements, Application Forms and Fees as follows:
(1) Application forms may be obtained from the Coastal Resources Management Council, Oliver
Stedman Government Center, 4808 Tower Hill Road, Wakefield, R.I. 02879-1900, er by
calling (401) 783-3370, or from the CRMC website: www.crmc.ri.gov.
(2) An application checklist/instruction sheet will be ferwanlea provided to each applicant

together with required forms.
(3) Applicants must complete four (4) application forms and return them together with the proper
application processing fee to the Coastal Resources Management Council. Application
processing fees are non-refundable in the event the CRMC denies an application or another
state agency denies a permit that is a prerequisite for a CRMC Assent.
(4) Public, Quasi-public Entity: The above fees may be waived for any public or quasi- public
entity based upon a finding by the Executive Director of general public benefit.
(5) Applicants shall be required to obtain and certify that they have in their possession current
approvals from municipal bodies which are otherwise required for the proposed action.
Municipal approval shall be construed to mean compliance and conformity with all applicable
comprehensive plans and zoning ordinances and/or the necessary variance, exception and
other special relief there from (see RlCRMP Section 300.1). However, qualifying businesses
may be exempt from this requirement provided they meet the provisions ofRI.G.L. § 42-35-
3.5.
(6) Applicants shall further be required to obtain and certify that they have in their possession
current approvals from all other agencies which are otherwise required for the proposed
action. However, qualifying businesses may be exempt from this requirement provided they
meet the provisions ofRI.G.L. § 42-35-3.5.
(7) The above required municipal and state approvals shall be construed as a prerequisite for any
application before the Council considers the application. The Council may waive the
requirements of obtaining approvals in the usual sequence by a majority vote of the Council.
But a final assent shall not issue until all required approvals have been obtained.
(8) In contested cases, the Subcommittee shall not proceed until it has received the comments
from staff biologist, staff engineer, Historical Preservation Commission, and water quality
certification comment.
(9) Provided they meet the provisions ofR.I.G.L. § 42-35-3.5, a qualifying business may request
in writing a concurrent review at the time of filing a CRMC application. Upon receiving the
written request, the CRMC will conduct a simultaneous application review with other
applicable state agencies and the municipality provided the business obtains a preliminary
determination from the local municipality that demonstrates the proposed project is consistent
with the applicable municipal zoning ordinances. Under this process, the CRMC will not
require prior approvals or permits from municipalities or state agencies under subsections 5
and 6 above to conduct the simultaneous review. The CRMC, however, will not issue the
CRMC Assent until such time that the applicant submits to the CRMC the required municipal
and state agency permits.
Purpose: to revise the section to be in conformance with recent legislative requirements as contained
in RIOL 42-35-3.5 and to make editorial revisions
MANAGEMENT. PROCEDURES
Revise Section 4.3.2 Schedule of Fees as follows:
4.3.2(p)ill Aquaculture Renewal Fee: $75.00

(2) Recreational Aquaculture Fee
(i) Initial: $50
(m Annual: $25
Purpose: to revise the fee schedule by adding initial and annual fees for recreational aquaculture
activities
"REDBOOK"
Revise Table 4. Undeveloped, Moderately Developed, and Developed Barriers as follows:
Undeveloped
Sandy Point Island, Westerly!
Napatree Beach, Westerly! (west of Watch Hill Beach Club)
Maschaug Beach, Westerly!
Quonochontaug Beach, Westerly/Charlestown! (west of Breachway)!
East Pond Beach, Charlestown
East Beach (Ninigret conservation area to Charlestown Breachway)!
Green Hill Beach, South Kingstown] (central portion)
Moonstone Beach, South Kingstown
Browning Beach, South Kingstown!
Long Pond Beach, Little Compton)
Round Pond Beach, Little Compton'
Briggs Beach, Little Compton'
Ship Pond Cove, Little Compton
Round Meadow Pond, Little Compton
Quicksand Pond Beach, Little Compton]
High Hill Marsh Barrier, Little Compton] (eastern portion)
Sandy PointlWest Beach, New Shoreham)
Casey Point, North Kingstown!
Greene Point, North Kingstown]
Bissel Cove Barrier, North Kingstown
Tibbit's Creek, North Kingstown
Baker's Creek, Warwick
Suttonwood Cove, Warwick'
Gaspee Point, Warwick
Conimicut Point, Warwick .
Nayatt Point Beach, Barrington
Mussachuk Creek, Barrington
Rumstick Point, Barrin/1fon
Hog Island, Portsmouth (2 separate areas)
Musselbed shoals, Portsmouth
Nag Pond/Jenny Pond, Portsmouth)
Gull Point, Portsmouth
Sheep Pen Cove, Portsmouth
McCurry Point, Portsmouth
Fogland Point, Tiverton)
Sapowet Point, Tiverton
Fox Hill Pond, Jamestown
Moderately Developed
Napatree B~ach, Westerly (easterly portion)
Michel Pond Beach, Charlestown
Garden Pond Beach, Charlestown
Charlestown Seach, Charlestown (east of breachway to developed portion)
Narragansett Beach, Narragansett
Bonnet Shores Beach, Narragansett
Mackerel Cove Beach, Jamestown
Hazards Beach, Newport
Bailey's Beach, Newport
First (Easton's) Beach, Newport (western portion)
Crescent Beach, New Shoreham)
Second Beach, Middletown
Third Beach, Middletown
Foglanll Point, TiyeFoon'
Tunipus Pond Beach, Little Compton
Watch House Pond Beach, Little Compton)
Sakonnet Harbor Beach, Little Compton) (eastern portion)
Developed
Atlantic Beach, Westerly
Quonochontaug Beach, Charlestown (east ofbteachway)
East Beach, Charlestown (west ofNinigret conservation area)
Charlestown Beach, Charlestown
Green Hill Beach, South Kin~stown (westerly and easterly portions only)
East MatunucklJerusalem Beach, South Kingstown and Narragansett
Roger Wheeler Beach (Sand Hill Cove), Narragansett
Bonnet Shores Beach, Narragansett (easterly portion)
First (Easton's) Beach, Middletown (easterly portion)
Crescent Beach, New Shoreham (southerly portion)
Coast Guard Beach, New Shoreham
High Hill Marsh Barrier, Tiverton (western portion)
I Denotes those barriers or portions thereof where the Coastal Barrier Resources Act of 1982 (CoBRA) prohibits
federal subsidies for most new development and federal flood insurance for all new development. For the most up-to-
date maps showing CoBRA designations, contact the Division of Planning, Department of Administration.
* Note: This list denotes most ofthe major barriers in Rhode Island. However, there may be some small barrier
systems not contained on this list, but are subject to the policies characterized by the barrier's level of development.
Purpose: to correctly identifY the barrier designation for Fogland Point, Tiverton
The Council has complied with the requirements ofR.I. Gen. Laws Section 42-35-3 by considering
alternative approaches to the proposed regulation(s) and has determined that there is/are no alternative
approach(es) that would be as effective and less burdensome. The Council has also determined that the
proposed regulation(s) do(es) not overlap or duplicate any other state regulation. The Council has
complied with the requirements ofR.I. Gen. Laws Section 42-35-3.3 by submitting copies ofthe proposed
regulation(s) to the Governor's Office and the Economic Development Corporation (EDC).
Parties interested in or concerned with the above proposed changes are invited to submit written
. comments by April 8, 2011. All such comments should be directed to Grover 1. Fugate, Executive
Director, at the above address.
A public hearing has been scheduled for these proposed changes to be held in Conference
Room A, Administration Building, One Capitol Hill, Providence, RI, on Tuesday, April 26, 2011, at
6:00 p.m.
Copies of the proposed regulations are also available from the Coastal Resources Management
Council offices and its website - www.crmc.rLgov.
Individuals requesting interpreter services for the hearing impaired must notifY the Council office at
783-3370,72 hours in advance of the hearing date.
Further information may be obtained by contacting the Coastal Resources Management Council
offices at 783-3370.
Signed this 7th day of March, 2011,
Jeff e illi Deputy Director

Coa t I sources Management Council
/Iam
STATE OF RHODE ISLAND
COASTALRESOURCESMANAGEMENTCOUNC~
Oliver Stedman Government Center
4808 Tower Hill Road; Suite 3, Wakefield, RI 02879-1900
In accordance with and pursuant to the provisions ofthe "Administrative ProceduresAct" (Section
42-35-3 ofthe General Laws of Rhode Island) and the Rule and Regulations of the Coastal Resources
planning and management ofthe coastal resources of the State relative to Chapter 46-23 of the State of
Rhode Island.
The following changes are proposed:
Revisions to the RI Coastal Resources Management Program/

Ocean Special Area Management Plan (Ocean SAMP):
The Ocean Special Area Management Plan (Ocean SAMP), adopted by the Rhode Island
Coastal Resources Management Council last year serves as a regulatory, planning and adaptive
management tool of the CRMC to uphold its regulatory responsibilities in the ocean
environment. Using the best available science and working with well-informed and committed
resource users, researchers, environmental and civic organizations, and local, state and federal
government
-
agencies, the Ocean SAMP provides a comprehensive understanding
-
of this complex and
rich ecosystem.
The Ocean SAMP also documents how the people of Rhode Island have used and depended
upon these offshore resources for subsistence, work, and play. It also documents important natural
wildlife, fish, birds, marine mammals and sea turtles, their habitats and areas important to their
survival. To fulfill the Council's mandate, the Ocean SAMP lays out enforceable policies and
recommendations to guide CRMC in promoting a balanced and comprehensive ecosystem-based
management approach to the development and protection of Rhode Island's ocean-based resources
within the state waters of the Ocean SAMP study area.
The comments raised by the agency's federal partner National Oceanic and Atmospheric
Administration are being proposed for incorporation herein to address issues that will bring the plan
into conformance with federal CZMA requirements. These proposed changes will serve as revisions to
the Ocean SAMP document, approved on October 19, 20 I O.
Attached hereto are the proposed changes.
Additionally, please go to the following websites to review the proposed revisions:

www.crmc.ri.gov/samp ocean.hlm! a'ld http://seagrant.gso.uri.edu/oceansamp/.
The-purpose ofthese proposed revisilll1s to the Ocean Special Area Management Plan are in response
to comments receivedfrom the NOAA Office ofOcean and Coastal Resource Management to address
issues that would bring the plan into conformance with federal CZMA requirements.
The Council has complied with the requirements of RL Gen. Laws Section 42-35-3 by considering
alternative approaches to the propose':l regulation(s) and has determined that there is/are no alternative
Public Hearing Notice
Ocean Special Area Management Plan Revisions
March 10,2011
Page Two
approach{es) that would be as effective and less burdensome. The Council has also determined that the
proposed regulation(s) do(es) not overlap or duplicate any other state regulation. The Council has
Parties interested in or concerned with the above proposed changes are invited to submit written
comments by Monday, Aprilll, 2011. All such comments should be directed to Grover J. Fugate,
Executive Director, at the above address.
A public worl<shop has been scheduled for these proposed changes to be held on Thursday,
April 7, 2011 at 3 p.m. at the University of Rhode Island Coastal Institute large confereuce room,
South Ferry Road, Narragansett, RI.
A public hearing has been scheduled for these proposed changes to be held on Tuesday, April
26, 2011 at 6 p.m. iu Conference Room A, Administration Building, One Capitol Hill, Providence,
RI.
Copies of the proposed revisions are also available from the Coastal Resources Management
Individuals requesting interpreter services for the hearing impaired must notifY the Council office
at 783-3370, 72 hours in advance of the hearing date.
Signed this 10th day of March, 20 I I.
Je y . Willis, Deputy Director

Co sIR' sources Management Council
/lmd
State of Rhode IShUld and Providence Plantations
Oliver Stedman Govcl11ment Center
4808 Tower Hill Road
Wakefield, Rl 02879
(401) 783-3370
Michael M. Ti.koilln Orover J. Fl,gate

Chuinnnn
Executive J)ire¢tor
March 2, 2011
Coastal ResOurces Management Council

Chairman Michael M. Tikoian
Stedman Government Center- Suite 3
Wakefield, RI 02879-1900
Dear Chairman Tlkoian:
Below please find a detailed summary of proposed changes for the Ocean Special Area
Management Plan. All proposed changes listed here are suggested in response to comments
received from the NOAA Office of Ocean and Coastal Resource Management, which must
ultimately approve the Ocean SAMP as part of CRMC's federally approved coastal management
program. We submit these to you for your review.
Chapter 2, Ecologv
1. We propose the following revisions to the "Habitat AdVisory Board" policy to clarify
the distinction between General Policies and Regulatory Standards. Rearrange and
revise the description of the Habitat Advisory Board, which is included in Chapter 2,
Ecology, section 270.2, Regulatory Standards, #6, as follows. One section remains as
Regulatory Standard #6; another section is moved to section 270.1, General Policies,
new#S:
Revision to Chapter 2 section 270.2 (Regulatory Standards, which are Enforceable Policies):
"6. T~e Ce~R€il shall a~~eiRt a stamliRg l-IalJitat Aevisery Beare (I-I,'\B) whi€h shall ~rs'Jiee
aevi€e ts the CS~R€i1 SR t~e eeslsgi€al f~R€tieR, restsratieR aRe ~reteetisR sf the FRariRe
Page 1 of 27
reseblrees aAa Aaaitats iA tAe OeeaA liAMP area aAa eA tAe sitiAg, eSAstrbletisA, aAa s!3eratieA
sf eff sAsre ae.'eIS!3F1leAt iA tAe OeeaA liAMP stbla\' area TAe ""All sAall alss !3rsviae aa'/iee SA
seieAtifie researeA aAa its a!3!3lieatieA ts tAe OeeaA liAMP. TAe ""P,1l is aA aavissry asay ts tAe
CSblAeil aAa ases ASt sbl!3!3laAt aAy abltAsrity sf aAy fea.eral sr state ageAe'; res!3sAsiale fer tAe
eSAservatisA aAa restsratisA sf filariAe Aaaitats. TAe ""All sAaliae eSFIl!3risea sf AiAe FIleFllaers,
five re!3reseAtiAg filariAe researeA iAstitbltisAs witA eX!3erieAee iA tAe OeeaA liAMP stbla'{ area
aAa sblFFsblAaiAg waters, aAa fSblr re!3reseAtiRg eAvirsAFIleAtal ASA gsverAFIleAtai srgaAi~atieAs
tAat FIlaiAtaiA a fsebls SA RAsae IsfaAa. ""All FIleFllaers sAall serve fSblr 'lear terFlls aAa shall
serve AS msre tAaA tws eSAseebltive terFllS, TAe CSblAeil shall !3rsviae ts the ""All a seFlli aAAblal
statbls re!3ert SA OeeaA liAMP area mariAe ressblrees aAa haaitat relatea issbles aAa aaa!3tive
maRageFlleAt sf !3rsjeets iA the OeeaA !lAMP !3laAAiAg area, iAelblalAg ablt ASt IiFllltea ts:
!3rsteetisA aAa restsratisA sf mariAe ressblrees aAa haaitats, eblFllbllative im!3aets, ellFllate
ehaRge, eAvirsAmeAtal review eriterla, sitiAg aAa !3erfsrmaAee staAaaras, aAa mariAe ressblrees
aAa Aaaitat FIlitigatisA aAa FIlsAitsriAg. The CSblAeil shall Astify tAe ""All iA writiRg eSAeerAiAg
aAy !3rsjeet iA tAe OeeaA !lAMP area. The ""All shall FIleet RSt less tAaA semi aAAblally witA the
FisAermeA's AavissF', Ilsara aAa SA aA as Aeeaea aasis ts !3rsviae tAe CSblAeil witA aaviee SA
~reteetieA aRe resteratiaR af maFiRS resebirees aRe Ralaitats iR tRe QeeaR S,l\MP areas aAa
!3steAtial aa'/erse iFll!3aets SA filariAe ressblrees aAa hallitat !3ssea ay !3rs!3ssea !3rsjeets
reviewea lly the CeblAeiJ. Any Large-Scale Offshore Development, as defined in Chapter 11 in
section 1160.1.1, shall require a !3re a!3!3lieatisA meeting between the HAB, the applicant, and
the Council staff to discuss potential marine resource and habitat-related issues such as, but
not limited to, impacts to marine resource and habitats during construction and operation,
project location, construction schedules, alternative locations, project minimization, afl€I
measures to mitigate the potential impacts of proposed projects on habitats and marine
resources. 9b1riAg tAe !3re a!3!3lieatieA meetiAg fer a barge lieale Offshsre gevels!3meAt, the ""All
eaR alss iaeAtify. and the identification of important marine resource and habitat areas. For any
state· permit process for a Large-Scale Offshore Development. this meeting shall occur prior to
submission of the state permit application and the meeting shall be necessarv data and
information required for federal consistency reviews for purposes of starting the CZMA 6-
month review period for federal license or permit activities under 15 C.F,R. part 930, subpart D,
and OCS Plans under 15 C.F,R. part 930, subpart E. pursuant to 15 C.F.R. § 930.58 (a)(2). Any
necessary data and information shall be provided before the 6-month CZMA review period
begins for a proposed project. The HAil ma', alss meet reglliarly ts aiseblss issbles relatea ts the
latast seieAee sf eess';stem aasaa maAageFlleAt iA tAe filariAe eAvirSAmeAt aAa Aew
iAfsrFllatisA relevaAt ts the maAagemeAt shAe OeeaA liAMP !3laAAiRg area. IA aaaitisA tAe ""All
may aia the CSllReil aAa its staff iA ae,'els!3iAg aAa iFll!3leFlleAtiAg a researeA ageAaa. As Aew
iAfsrFllatisA aeesFIles availaale aAa tAe seieAtifie tlAaerstaAaiAg sf tAe OeeaA liAMP !3laAAiAg
area evslves, the ""All may iaeAtify Aew areas with blAiEltle sr fragile !3Aysieal featblres,
Page 2 of 27
iA'li30rtaRt Rat'lral t1aBitats, or areas of t1igt1 Rat'lral i3roaOletivity for aesigRatioR By tt1e COOlReil
as Areas sf Partisl:flar (ansarR SF Areas Qesignatea fer Preservation."
Insertion Into section 270.1 (General Policies), new #5:

"5. The Council shall appoint a standing Habitat Advisorv Board (HAB) which shall provide
advice to the Council on the ecological function. restoration and protection of the marine
resources and habitats in the Ocean SAMP area and on the siting, construction. and operation
of off shore development in the Ocean SAMP study area The HAS shall also provide advice on
scientific research and its application to the Ocean SAMP. The HAS is an advisory body to the
Council and does not supplant any authority of any federal or state agency responsible for the
conservation and restoration of marine habitats. The HAS shall be comprised of nine members,
five representing marine research institutions with experience in the Ocean SAMP study area
and surrounding waters. and four representing environmental non-governmental organilations
that maintain a focus on Rhode Island. HAB members shall serve four-year terms and shall
serve no more than two consecutive terms. The Council shall provide to the HAB a semi-annual
status report on Ocean SAMP area marine resources and habitat-related issues and adaptive
management of projects in the Ocean SAMP planning area. including but not limited to:
protection and restoration of marine resources and habitats, cumulative impacts, climate
change, environmental review criteria, siting and performance standards. and marine resources
and habitat mitigation and monitoring. The Council shall notify the HAS in writing concerning
any project in the Ocean SAMP area. The HAS shall meet not less than semi-annually with the
Fishermen's AdVisory Soard and on an as-needed basis to provide the Council with advice on
protection and restoration of marine resources and habitats in the Ocean SAMP areas and
potential adverse impacts on marine resources and habitat posed by proposed projects
reviewed by the Council. The HAS may also meet regularly to discuss issues related to the latest
science of ecosystem-based management in the marine environment and new information
relevant to the management of the Ocean SAMP planning area. In addition the HAB may aid the
Council and its staff in developing and implementing a research agenda. As new information
becomes available and the scientific understanding of the Ocean SAMP planning area evolves,
the HAB may identify new areas with unique or fragile physical features. Important natural
habitats, or areas of high natural productivity for designation by the Council as Areas of
Particular Concern or Areas Designated for Preservation."
2. If the Council approves this change, similar changes will also need to be made in
Chapter 8, section 860.2.1, #12, and Chapter 11, sections 1160.1 and 1150.1, as
follows:
Revision to Chapter 8, section 860.2.1 (Regulatorv Standards, which are Enforceable Policies):
"12, Tt1e COOlReil sAali ai3i30iRt a staRaiRg HaBitat Aavisory Boara (HAB) ·....AieA sAali i3roviae
aavlee to tAe GOOlReil 01'1 tAe eeologieal f"RetieR, resteratioR aAa i3roteetioR of tAe A'lariRe
reso ..rees aAa Aabitats iR tAe OeeaR SAMP area aRa OR tt1e sitiRg, eORstr.. etioR, aRa 0i3eratioA
of off sAore aeveIOi3A'leAt iR tAe OeeaR SlIMP swa'{ area TAe HAB st1all also i3roviae aaviee OR
Page 3 of 27
seieAtifie researeA aAel its al3l3lieatisA ts tAe OeeaA SAMP, TAe MAB is aA aelvissry asely ts tAe
CS"lAeil aAel elses ASt sloll3l3laAt aA" aloltAsrit'! sf aA'! feeleral sr state ageAey resl3sAsiale fsr tAe
eSAservatisA aAel restsratisA sf rAariAe Aaaitats. TAe MAB sAaliae eSrAl3riseel sf AiAe R'leR'laers,
five rel3reseAtiAg rAariAe researeA iAStit~tisAS \\IitA e)!l3erieAee iA tAe OeeaA SI\MP stlolely area
aAel slolrrs~AeliAg waters, aAel felolr rel3reseAtiAg eAvirSArAeAtal ASA gsverArAeAtal srgaAizatieAs
tAat rAaiAtaiA a fselols SA RAeele IslaAel. MAB rAeR'laers sAall serve fSlolr "ear terrAS aAel sAall
serve AS rAsre tAaA tws eSAsee~tive terrAs. TAe Csi!lAeil sAalll3rs·.'iele te tAe MAB a seR'li aAA~al
stat~s rel3srt SA OeeaA SAMP area rAariAe rese~rees aAel Aaaitat relateel iss~es aAel aelal'lti'le
rAaAageR'leAt sf I3rejeets iA tAe OeeaA SAMP I3laAAiAg area, iAel~eliAg a~t Aet liR'liteel ts:
I3rsteetieA aAel restsratisA sf rAariAe ress~rees aAel Aaaitats, e~rA~lative irAl3aets, elirAate
eAaAge, eAvirSArAeAtal review eriteria, sitiAg aAell3erfsrrAaAee staAelarels, aAel rAarlAe ress~rees
aAel Aaaitat rAitigatisA aAel R'lsAitsriAg, TAe CS~Aeil sAall Astify tAe MAB iA writiAg eSAeerAiAg
aAY ,arejeet iA tAe OeeaA SAMP area. TAe MAB shall R'leet ASt less tAaA serAi aAA~ally \'IitA tAe
FisAerrAeA's Aelvissry Bsarel aAel SA aA as Aeeeleel aasis ts l3F8viele tAe CS~Aeil 'NitA aelviee SA
,arsteetieA aAel restsratisA sf rAariAe ress~rees aAel Aaaltats iA tAe OeeaA SAMP areas aAel
,asteAtial aelverse lrA,aaets SA rAariAe ress~rees aAel Aaaitat ,asseel ay I3rSI3Sseel I3rejeets
rellie'Neel ay tAe CS~Aeil. Any Large-Scale Offshore Development, as defined in section
860,2.1.1, shall require a I3re al3l3lieatisA meeting between the HAB, the applicant, and the
Council staff to discuss potential marine resource and habitat-related issues such as, but not
limited to, impacts to marine resource and habitats during construction and operation, project
location, construction schedules, alternative locations, project minimization, al'l4-measures to
mitigate the potential impacts of proposed projects on habitats and marine resources, 9~riAg
tAel3re al3l3lieatiElA rAeetiAg fsr a barge Seale OffsAsre gevels13rAeAt, tAe ~IAB eaA alss ieleAtity,
and the identification of important marine resource and habitat areas. For any state permit
process for a Large-Scale Offshore Development, this meeting shall occur prior to submission of
the state permit application and the meeting shall be necessary data and information required
for federal consistency reviews for purposes of starting the CZMA 6-month review period for
federal license or permit activities under 15 C.F.R. part 930, subpart D, and OCS Plans under 15
C.F.R, part 930, subpart E, pursuant to 15 C.F.R. § 930.58 (a)(2). Any necessary data and
information shall be proVided before the 6-month CZMA review period begins for a proposed
project. TAe HAB rAa', alss rAeet reg~larly ts elise~ss iss~es relateel ts tAe latest seieAee sf
eessysterA aaseel rAaAageR'leAt iA tAe rAariAe eA'~irSAR'leAt aAel Aew iAfsrR'latisA relevaAt ts tAe
rAaAagerAeAt sf tAe OeeaA SAMP I3laAAiAg area, IA aelelitisA tAe I-IAB rAay aiel tAe CS~Aeil aAel its
staff iA elevelsl3iAg aAel irAl3ierAeAtiAg a researeA ageAela. As Aev,' iAfsrrAatisA aeesrAes
cavailalale aAel tAe seieAtifie ~AelerstaAeliAg sf tAe OeeaA SAMP I3laAAiAg area e'lsl'les, tAe 1-I,o,B
-rAay ieleAtify Aew areas ViitA ~Ai~~e sr fragile I3Aysieal feat~res, irAl3SrtaAt Aat~ral Aalaitats, sr
.areas sf AigA Aat~ral ,arsd~etivity fsr elesigAatisA lay tAe CS~Aeil as Meas sf Partie~lar CSAeem
,sr Areas gesigAateel fsr PreservatisA."
Revision to Chapter 11 section 1160.1 #12 (Regulatory Standards, which are Enforceable
Policies):
"12, TAe CS~Aeil sAall al3l3siAt a staAeliAg I-Ialaitat Advissry Bsarel (I-IAB) wAieA sAall I'lrsviele
aelviee ts tAe CS~lAeil SA tAs eeslsgleal fl,lAetisA, restsratisA aAel I3rsteetisA sf tAe rAariAe
Page 4 of 27
resewrees aRe f.:lal3itats iR tRe OeeaR SAMP area aRS OR the sitiAg, eSAstrwetieR, aR8 BJ9€ratieR
of off sRore sevelEl~FReRt iR tRe GeeaR SAMP stblsy area TReMAIl sRall also ~rovise asviee OR
seieRtifie researoR aRs its a~~lioatioR to tRe GoeaR SAMP. TRe MI'.1l is aR asvisoF'{ Iaosy to tRe
(obiRotl aRs soes Rot sbl~~laRt aRy abitRorit'{ of aRy feseral or state ageRo', res(iloRsilale for tRe
oORservatioR aRs restoratioR of FRariRe Ralaitats. TRe W'1l sRalilae oOFR(ilrises of RiRe FReFRlaers,
five re(ilreseAtiRg FRariRe researoR iRstitbitioRS '....itR e)((ilerieRoe iR tRe GseaR SAMP stllSY area
aRs SbiFFObiRSiRg waters, aRs fOblr re(ilreseRtiRg eRvirORFReRtal ROR goverRFReRtal orgaRizatioRs
tRat FRaiRtaiR a fooblS DR RRose IslaRs, MAil FReFRlaers sRall serve foblr year terFRS aRs sRall
serve RO FRore tRaR two sORsesbitive terFRS, TRe (obiRoil sRall (ilrovise to tReMAIl a seFRi aRRblal
statbls re(ilort OR GoeaR SAMP area FRariRe resoblroes aRs Ralaitat relates issbles aRs asa(iltive
FRaRageFReRt of ~rojeets iR tRe GeeaR SAMP (illaRRiRg area, iRelbisiRg Iablt ROt IiFRites to:
~roteetioR aREI restoratioR of FRariRe resoblrees aRs Ralaitats, eblFRbllative iFR~aots, eliFRate
oRaRge, eRvirORFReRtal revie..v eriteria, sitiRg aRs ~erforFRaRoe staRsarss, aRs FRariRe resoblrees
aRs Ralaitat FRitigatioR aRs FRoRitoriRg, TRe (obiReil sRall Rotify tReMAIl iR writiRg eOReemiRg
aRy ~rojeet IR tRe GeeaR SAMP area. TReMAIl sRall FReet ROt less tRaR seFRi aRRblally WitR tRe
FisRerFReR'S Asvisory Iloars aRs OR aR as Reeses Iaasis to ~rovise tRe (Obi Roil witR asviee OR
(ilroteetioR aRa restoratioR of FRariRe resoblrees aRS Ralaitats iR tRe GeeaR SAMP areas aRs
~oteRtial as'~erse iFR(ilaets OR FRariRe resoblrses aRs Ralaitat (iloses Ia~' (ilro~osea ~rojests
reviewes lay tRe (obiReil. Any large-Scale Offshore Development, as defined in Chapter 11 in
section 1160,1.1, shall require a ~re a~~lieatioR meeting between the HAB, the applicant, and
the Council staff to discuss potential marine resource and habitat-related issues such as, but
not limited to, Impacts to marine resource and habitats during construction and operation,
project location, construction schedules, alternative locations, project minimization, ami
measures to mitigate the potential impacts of proposed projects on habitats and marine
resources." QblriRg tRe ~re a~~lieatioR FReetlRg for a barge Seale GffsRore Qevelo~FReRt, tRe
HAil eaR also iseRtify and the identification of important marine resource and habitat areas, For
any state permit process for a large-Scale Offshore Development. this meeting shall occur prior
to submission of the state permit application and the meeting shall be necessary data and
information required for federal consistency reviews for purposes of starting the C2MA 6-
month review period for federal license or permit activities under 15 C.F.R, part 930, subpart D,
and OCS Plans under 15 C.F.R. part 930. subpart E, pursuant to 15 C.F,R. § 930.58 (a)(2). Any
necessary data and information shall be provided before the 6-month C2MA review period
begins for a proposed project, TReMAIl FRay also FReet regbllarly to siseblss issbles relates to tRe
latest soieRoe of eoosysteFR Iaases FRaRageFReRt iR tRe FRariRe eAviroRFReRt aRa Rew
·iRforFRatioR relevaRt to tRe FRaRageFReRt oftRe GoeaR SAMP ~laRRiRg area. IR asaitioR tRe MAil
·FRay ais tRe (ElbiROil aRs its staff iR aevelEl~iRg aRs iFR~leFReRtiRg a researoR ageRsa, As Re'A'
·iRforFRatioR laeooFRes availalale aRS tRe seieRtifio blRserstaRsiRg of tRe GeeaR SI\MP ~laRRiRg
·area evolves, tRe HAil FRay iseRtify Rew areas witR blRiElbie or fragile ~Rysioal featblres,
Page 5 of 27
iFRl9artaRt Ratl,lral Aalaitats, ar areas af AigA Ratl,lrall9ra~I,IEtivity far ~esigRatiaR lay tAe Cal,lREiI
as ,lI,reas af PartiEl,llar CaREerR ar Areas DesigRate~ far PreseF',atiaR."
Chapter 11 section 1150.1, new #5 (General Policies):

"5. The Council shall appoint a standing Habitat Advisory Board (HAB) which shall provide
advice to the Council on the ecological function. restoration and protection of the marine
resources and habitats in the Ocean SAMP area and on the siting. construction. and operation
of off shore development in the Ocean SAMP study area The HAB shall also provide advice on
scientific research and its application to the Ocean SAMP. The HAS is an advisory body to the
Council and does not supplant any authority of any federal or" state agency responsible for the
conservation and restoration of marine habitats. The HAB shall be comprised of nine members.
five representing marine research institutions with experience in the Ocean SAMP study area
and surrounding waters. and four representing environmental non-governmental organizations
that maintain a focus on Rhode Island. HAB members shall serve four-year terms and shall
serve no more than two consecutive terms. The Council shall provide to the HAB a semi-annual
status report on Ocean SAMP area marine resources and habitat-related issues and adaptive
management of projects in the Ocean SAMP planning area. including but not limited to:
protection and restoration of marine resources and habitats. cumulative impacts. climate
change. environmental review criteria. siting and performance standards, and marine resources
and habitat mitigation and monitoring. The Council shall notify the HAB in writing concerning
any project in the Ocean SAMP area. The HAS shall meet not less than semi-annually with the
Fishermen's AdVisory Board and on' an as-needed basis to provide the Council with advice on
protection and restoration of marine resources and habitats in the Ocean SAMP areas and
potential adverse impacts on marine resources and habitat posed by proposed projects
reviewed by the Council. The HAB may also meet regularly to discuss issues related to the latest
science of ecosystem-based management in the marine environment and new information
relevant to the management of the Ocean SAMP planning area. In addition the HAB may aid the
becomes available and the scientific understanding of the Ocean SAMP planning area evolves,
the HAB may identify new areas with unique or fragile physical features. important natural
habitats, or areas of high natural productiVity for designation by the Council as Areas of
Chapter 5. Commercial and Recreational Fisheries:
3. Revise Chapter 5, section 560.1 #6, to clarify the state's role in reviewing federal
decisions about navigation (General Policies):
"6. Discussions with the u.s. Coast Guard, the u.S. Department of Interior Bureau of Ocean
Energy Management, Regulation, and Enforcement, and the u.S. Army Corps of Engineers have
indicated that no vessel access restrictions are planned for the waters around and through
offshore structures and developments, or along cable routes, except for those necessary for
Page 6 of 27
navigational safety. Commercial and recreational fishing and boating access around and
through offshore structures and developments and along cable routes is a critical means of
mitigating the potential adverse impacts of offshore structures on commercial and recreational
fisheries and recreational boating. The Council endorses this approach and shall work to ensure
that the waters surrounding offshore structures, developments, and cable routes remain open
to commercial and recreational fishing, marine transportation, and recreational boating, except
for navigational safety restri~tions. The Council requests that federal agencies notify the Council
as soon as is practicable of any federal action that may affect vessel access around and through
offshore structures and developments and along cable routes. rl<1e (e"Reil alse reEl~ests
sRgeiRg revie'A' sf aR.,. feeeral ageRe,' eeeisisRs regareiRg vessel aeeess arS"Re aRe tl<1rs"gl<1
sfffil<1sre str"et"res aRe E!e"'eIS~FI'1eRts aRE! alsRg eallie rs"tes. The Council will continue to
monitor changes to navigational activities around and through offshore developments and
along cable routes. Any changes affecting existing navigational activities may be subject to
CZMA Federal Consistency review if the federal agency determines its activity will have
reasonably foreseeable effects on the uses or resources of Rhode Island's coastal zone,"
4. If the Council approves the aforementioned change, this same change must be
repeated in Chapter 6, section 660.1 #6; Chapter 7, section 770.1 #5; Chapter 8,
section 860.1 #9; and in Chapter 11 sections 1150.4 #6 and 1150.7 #8 as follows:
Chapter 6, section 660.1 #6 (General Policies):

"6. Discussions with the U,S. Coast Guard, the U.S. Department of Interior Bureau of Ocean
Energy- Management, Regulation, and Enforcement, and the U.S. Army Corps of Engineers have
mitigating the potential adverse Impacts of offshore structures on commercial and recreational
for navigational safety restrictions. The Council requests that federal agencies notify the Council
offshore structures and developments and along cable routes. rl<1e (s"Reil alss reEl"ests
sRgsiRg review sf aR.,. feE!eral ageRey eeeisisRs regareiRg vessel aeeeS5 arS"Re aRe tl<1re~gl<1
sff51<1ere str"et"res aRe E!eveISJ3F1'1eRts aRE! alsRg eallie rs~te5. The Council will continue to
monitor changes to naVigational activities around and through offshore developments and
along cable routes. Any changes affecting existing naVigational activities may be subject to
CZMA Federal Consistency review If the federal agency determines its activity will have
reasonably foreseeabie effects on the uses or resources of Rhode Island's coastal zone,"
Page 7 of 27
"5. Discussions with the U.S. Coast Guard, the U.S. Department of Interior Bureau of Ocean
Energy Management, Regulation, and Enforcement, and the U.S. Army Corps of Engineers have
offshore structures and developments and along cable routes. Tile COllASil also reEillests
oAgoiAg review of aAy feeleral ageAs',' elesisioAS regareliAg vessel assess arollAel aAel tllrollgll
offsRore strllstllres aAel elevelOFlFAeAts aAel aloAg saale rOlltes. The Council will continue to
monitor changes to naVigational activities around and through offshore developments and
reasonably foreseeable effects on the uses or resources of Rhode Island's coastal zone."

Energy Management, Regulation, and Enforcement, and the U.S. Army Corps of Engineers have
offshore structures and developments and along cable routes. TRe COllAS" also reE\llests
oAgoiAg review of aAy feeleral ageAS'( elesisioAS regareliAg vessel assess aFDllAel aAel tRrollgll
offsRore strllstllres aFlel elevelOFlFAeAts aAel aloAg saale rOlltes. The Council will continue to
monitor changes to navigational activities. around and through offshore developments and
Page 8 of 27
"6. Discussions with the U.S. Coast Guard, the U.S, Department of Interior Bureau of Ocean
Energy Management, Regulation, and Enforcement, and the U,S. Army Corps of Engineers have
indicated that no. vessel access restrictions are planned .for the waters around and through
through offshore structures and developments and along. cable routes is a critical means of
for navigational safety restrictions, The Council requests that federal agencies notify the Council
as soon as is practicable of any federal action that may affect vessel access around. and through
offshore structures and developments and along cable routes. TRe (s.msil alss req~ests
sRgsiRg review sf aRY feaeral ageRsy aesis/sRS regaraiRg I/essel assess arS~Ra aRa tRrs~gR
sff'sRsre str~st~res aRa ae'leISf3fl'leRts aRa alsRg sallie rs~tes. The Council will continue to
monitor changes to navigational activities' around and through offshore developments and
along cable routes, Any changes affecting existing navigational activities may be subject to
Chapter 11, section 1150.7#8 (General Policies):

Energv Management, Regulation, and Enforcement, and the U.S. Army Corps of Engineers have
naVigational safety. Commercial and recreational fishing and boating access around and
fisheries and recreational boating. The Council endorses this approach and shall workto ensure
offshore structures and developments and along cable routes. TRe (s~Rsii alss reE!~ests
sRgeiRg rel/iew sf aRy feaeral ageRS'{ aesisisRs regaraiRg vessel assess arS~Ra aRa tRre~gR
efuRsre str~st~res aRa aevelef3fl'leRts aRa alsRg sallie rs~tes. The Council will continue to
monitor changes to navigational activities around and through offshore developments and
along cable routes, Any changes affecting existing navigational activities may be subject to
reasonably foreseeable effects on the uses or resources of Rhode Island's coastal zone,"
Page 9 of 27
5. Revise "Fishermen's Advisory Board" as follows to clarify distinction between General
Policies and Regulatory Standards. Rearrange and revise the description of the
Fishermen's Advisory Board, which Is included in Chapter 5 section 560.2, Regulatory
Standards, #8, as follows. One section remains as Regulatory Standard #1; another
section is moved to section 560.1, General Policies, new #8, as follows:
Chapter 5, section 560.2 (Regulatory Standards, which are Enforceable Policies), revised #1:
"1. TAe COllAsii sAall a~~oiRt a staReliRg FlsAermeR's Aelvisory Iloarel (FAil) wAlsA sAall flroviele
aelvise to tAe COllRsii OR tAe sitiAg aReI SORStrllstioR ef etAer llses iR marlRe waters. TAe F/I,Il is
aA aelvisery aoely to tAe COllRsii tAat is ROt iRteReleel to sll~~laRt aAy eHistiRg alltAorit't of aR't
etAer feeleral or state ageRS't res~oAsiale fsr tAe maRagemeRt ef fisAeries, iRsllleliRg allt Rst
Iimiteel ts tAe MariAe FisAeries CSllRSil aReI its alltAsrities set fsrtA iR R.I.G.b. 2Q ~ 1 e~. seEf. TAe
FAil sAall ae ssmflriseel sf RiRe memaers, sRe.re~reseRtiRg easA sf tAe fsllswiRg sll! RAsele
IslaReI fisAeries: aottsm trawliRg; ssalls~ elreelgiRg; giliRettlRg; IsasteriRg; ~art't' aReI sAarter
asat fisAIAg; aReI resreatisAal aRgliAg; aAeI tAree memaers, iRSllleliRg tws sommersial fisAermeA
aAeI SAe resreatisAal fisAermaA, wAe are MassasAllsetts fisAermeR WAS fisA iR tAe OseaR SAMP
area. FAil memaers sAall serve fSllr year terms aReI will serve AS msre tAaR tws sSRseslltive
terms. TAe CSllRsii sAall ~reviele ts tAe FAil a semi aRRllal statlls re~srt eA OseaR SAMP area
fisAeries relateel isslles, iAdlleliRg allt Ret Iimiteel ts tAsse sf wAisA tAe COllASil is segRizaAt iR its
~laRAiRg aReI reglliatery astivities, aReI will Rstify tAe FAil iR writiRg sSRserRIRg aRy I3rojest iR
tl:le OesaR SAMP area. TAB FAB sAall meet Ret less tRaA seA1i aAA~all'" v:itt:t tRB l=oIalaitat I\eivisery
Ilsarel aReI SA aR as Reeeleel aasis te I3rsviele tAe CSllRsii witA aelvise SR tAe I3steRt/al aelverse
iml3asts sf stAer llses SR sommersial aReI resreatisAal fisAermeR aReI fisAeries astivities, aReI SR
iSSlles iASllleliRg, allt ASt Ilmiteel ts, tAe evalllatioR aAeI I3laRRiRg ef I3rejes! IssatisRs,
arraRgemeAts, aReI alterAatives; misrs sitiRg IsitiRg of iReli'.'ielllal WiReI tllraiRes \VitAiR a '....iAeI
farm ts .ieleAtify tAe aest site fsr easA iReli'iielllal strllstllre); assess IimitatieRS) aReI meaSllres ts
mitigate tAe flsteRtial imflasts sf sllsA ~rsjests. Any Large-Scale Offshore Development, as
defined aasve in section 1160.1.1, shall require a I3re al3l3lisatisR meeting between the
Fisherman's Advisory Board (FAB1, the applicant, and the Council staff to discuss potential
fishery-related impacts, such as, but not limited to, project location, construction schedules,
alternative locations, arn:I-project minimization and identification , DllriRg tAe flre afll3lisatisR
meetiRg fsr a barge Ssale OffsAsre gevelsl3meRt, tAe FAil saR alss ieleAtif't' areas of high fishing
activity or habitat edges, For any state permit process for a Large-Scale Offshore Development
this meeting shall occur prior to submission of the state permit application and the meeting
shall be necessary data and information required for federal consistency reviews for purposes
of starting the (ZMA 6-month review period for federal license or permit activities under 15
C.F.R. part 930, subpart D, and OCS Plans under 15 C.F.R. part 930, subpart E, pursuant to 15
(.F.R. § 930.58(a)(2). Any necessary data and information shall be provided before the 6-
month (ZMA review period begins for a proposed project. fR aelelitisR tAe FAil may aiel tAe
CSllRSi! aReI its staff iA eleve!sl3iRg .aReI im~lemeRtiRg a researsA ageRela. As Rew iRformatisR
aessmes availaale aReI tAe ssieRtifis llRelerstaReliRg sf tAe OseaR SAMP fl!aRRiRg area evslves,
tAe FAil may ieleRtify Aew areas 'NitA llRiEjlle or fragile I3Aysisal featllres, imflsrtaRt AatlJral
Aaaitats, sr areas sf AigA Ratllral flrselllstivity fsr elesigRatisR ay tAe CSllRSii as Areas sf
Partislliar CSRSerA sr Areas DesigAateel fsr PreservatisA,"
Page 10 of 27
c;hapter 5, section 560.1, new #8 (General Policies):
"8. The Council shall appoint a standing Fishermen's Advisory Board (FAB) which shall provide
advice to the Council on the siting and construction of other uses in marine waters. The FAB is
an advisory body to the Council that is not intended to supplant any existing authority of any
other federal or state agency responsible for the management of fisheries, including but not
limited to the Marine Fisheries Council and its authorities set forth in R.I.G.L. 20-3-1 et. seq. The
FAB shall be comprised of nine members. one representing each of the following six Rhode
Island fisheries: bottom trawling: scallop dredging: gillnetting: lobstering: party and charter
boat fishing: and recreational angling; and three members, including two commercial fishermen
and one recreational fisherman. who are Massachusetts fishermen who fish in the Ocean SAMP
area. FAB members shall serve four-year terms and shall serve no more than two consecutive
terms. The Council shall provide to the FAB a semi-annual status report on Ocean SAMP area
.fisheries-related issues. including but not limited to those of which the Council is cognizant in its
planning and regulatory activities. and shall notify the FAB in writing concerning any project in
the Ocean SAMP area. The FAB shall meet not less than semi-annually with the Habitat Advisory
Board and on an as-needed basis to provide the Council with advice on the potential adverse
impacts of other uses on commercial and recreational fishermen and fisheries activities. and on
issues including, but not limited to. the evaluation and planning of project locations,
arrangements, and alternatives; micro-siting (siting of individual wind turbines within a wind
farm to identify the best site for each individual structure); access limitations; and measures to
mitigate the potential impacts of such projects on the fishery. In addition the FAB may aid the
becomes available and the scientific understanding of the Ocean SAMP planning area evolves.
the FAB may identify new areas with unique or fragile physical features. important natural
habitats. or areas of high natural productivity for designation by the Council as Areas of
6. If the aforementioned change is approved, similar changes will need to be made in

Chapter 8, Renewable Energy, and Chapter 11, Policies of the Ocean 5AMP, as follows:
Chapter 8, Renewable Energy, section 860.2.1 (Regulatory Standards, which are Enforceable
Policies) #6:
"6. The (elolRsii shall aj9jgeint a stanEling Fishermen's AEivissr.,. BearEi (FAB) whish shall j9rsviEle
advise ts the (sunsil on the siting and sonstrustisn of other uses in marine waters. The FAB is
an adVisory !:lsEly to the (eunsil that is not intendeEi to sUj9j9lant any el(/sting authority of an.,.
ether feEleral sr state agens.,. resj9onsi!:lle for the management of fisheries, insluding !:lut net
IimiteEi te the Marine Fisheries (sunsil and its autherities set ferth in R.LG.l. 2Q 3 1 et seq. The
FAB shall !:le semj9riseEi of nine rAem!:lers, ene rej9resent!ng eash ef the fellewing silE RheEle
Island fisheries: !:lettem trawling; ssalloj9 Elredging; gilln.etting; lo!:lstering; j9art.,. anEi sharter
!:lsat fishing; and resreatienal angling; anEi three rAem!:lers, insluding twe semrAersial fishermen
and sne resreatlenal fisherman, whe are Massashusetts fishermen whe fish in the Osean SAMP
area. FAB mem!:lers shall serve fsur ",ear terrAs anEi will serve ns msre than two ssnsesutive
terms. The (ounsll shall jSfSviEle te the FAB a serA! ann~al stat~s rejgert en Osean SAMP area
Page 11 of 27
fisAeries relateEl issbles, iRelbiEliRg 13b1t Ret IiFRiteEl te tAese ef wAieA tAe CebiReil is eegRi2aRt iR its
plaRRiRg aREI regbllatery aetivities, aRE! will Aetif,; tl1e ~All iR writiRg eeReemiRg aR'I Ilrejeet iR
tA0 OeeaR SAMP area. Tl1e ~AB sl1all FReet Ret less tl1aR seFRi aRRblall,; ·....itA tAe l-la13itat AElvisery
BearEl aREl eR aR as ReeEleEl13asis te jilreviEle tAe CebiReil \VitA aElviee eR tAe jileteRtia! aElverse
iFRjilaets ef etAer blS0S eR eeFRFRereial aREl reereatleRa! fisAerFReR aREl fisAeries aetivities, aREl eR
issbles iRelbiEliRg, eblt Ret IiFRiteEl te, tAe evalbiatieR aREl jillaRRiRg ef Ilrejeet leeatieRs,
arraRgeFReRts, aREl a!terRatives; FRiere sitiRg (sitiRg ef iREliviElbial wiREl tblr13iRes ""itAiR a WiREl
farFR te iEleRtif>itAe 13est site fer eaeA iREliviElbial strbletblre); a€'eess liFRitatieRs; aREl FReaSbires te
FRitigate tAe jileteRtial iFRjilaets ef sbieA jilrejeets. Any Large-Scale Offshore Development, as
defined aeeve in section 1160.1.1, shall require a jilre al'ljillieatieR meeting between the
Fisherman's Advisorv Board (FAB1 the applicant, and the Council staff to discuss potentiai
fishery-related impacts, such as, but not limited to, project location, construction schedules,
alternative locations, a-RG-project minimization and Identification . 9b1riRg tAe I'lre alljillleatieR
FReetiRg fer a Large Seale OffsAere gevelellFReRt, tAe F,'1B eaR alse iEleRtif>,' areas of high fishing
activity or habitat edges. For any state permit process for a Large-Scale Offshore Development
this meeting shall occur prior to submission of the state permit application and the meeting
shall be necessary data and information required for federal consistency reviews for purposes
of starting the CZMA 6-month review period for federal license or permit activities under 15
C.F.R. part 930, subpart D, and OCS Plans under 15 C.F.R. part 930, subpart E, pursuant to 15
C.F.R. § 930.58(a)(2). Any necessary data and information shall be provided before the 6-
month CZMA review period begins for a proposed prolect~ IR aElElitieR tAe FAll FRay aiel tAe
CebiRei! aRE! its staff iR Eleve!ejiliRg aRE! iFRI'l!eFReRtiRg a researel1 ageRe!a. As Re'll iRforFRatioR
13eeoFRes a'laila13le aREl tAe seieRtifie blRElerstaREliRg ef tl1e OeeaR SAMP jillaRRiRg area e... el'~es,
tAe F/\B FRa,; iEleRtif'( Re'.... areas wit A blRiEjble or fragile jilAysieal featblres, iFRl'lertaRt Ratblral
Aa13itats, or areas of AigA Ratblral Ilroe!bleti'lit'( fer ElesigRatioR ey tAe CebiRei! as Areas ef
Partiebllar COReemor /\reas gesigRateEl fer PreservatioR."
Chapter U, section 1160.1 (Regulatory Standards, which are Enforceable Policies) #6:
"1, Tl1e GObi Rei! sAall ajill'leiRt a staREliRg FisAerFReR'S I\El'lisor,; BearEl (FAll) wl1ieA sAall jilre'liEle
aEl...iee te tAe CebiRell eR tAe sitiRg aRe! eeRstrbletieR ef etAer blses iR FRariRe waters, TRe FAB is
aR aEl...isery eoEly to tAe CebiReil tAat is Ret iRteRElee! to sblPlillaRt aR'( eliistiRg abitAerity ef aRy
otAer feElera! er state ageRey reSlileRsiele fer tAe FRaRageFReRt ef fisAeries, iRelbiEliRg 13b1t Ret
liFRiteEl te tAe MariRe F!sAer!es CebiReil aREl its abitAerities set fortA iR I"'-G,b. 2Q 3 1 ct. SCEf. TAe
FAB sl1all ee eeFRwiseEl ef RiRe FReFR13ers, eRe rejilreseRtiRg eaeA ef tAe feliowiRg silt RAeae
IslaREl fisAer!es: 130tteFR trawliRg; seallejil areElgiRg; gi!IRettiRg; !e13steriRg; jilarW aRa eAarter
13eat fisAiRg; aRa reereatieRal aRgliRg; aREl tAree FReFR13ers, iRelbiaiRg twe eOFRFRereial fisAerFReR
aREl eRe reereatioRal fisAerFRaR, 'IIAe are MassaeAbisetts fisAerFReR wl1e f'sA iR tAe OeeaR
S,'1MP area. FAB FReFR13ers sAali serve feblr year terFRs aREl will ser\'e Re FRere tAaR twe
eeRseeblt!ve terFRs. TAe CObiReil sAall I'lrevie!e te tAe FAB a seFR! aRRblal statbls rel'lert eR OeeaR
S/\MP area fisAeries relatea issbles, iRdbla!Rg eblt Ret IiFR!teEl te tAese ef wAieA tAe CebiRei! is
eegRi2aRt iR its lil!aRRiRg aRe! regbl!atory aetivities, aRe! '.viii Retify tAe FAll iR writiRg eOReemiRg
aRy jilrejeet iR tAe OeeaR SAMP area, TAe F,'1B sAall FReet Ret less tAaR seFR! aRRblally WitA tAe
l-la13itat AElviser,; llearEl aRa eR aR as ReeEleEl 13asis te Iilre...!Ele tAc CebiReil \VItA ae!viee eR tAc
Page 12 of 27
peteAtial aaverse iR'lpasts sf etAer ~ses SA sSR'lR'lersial aAa resreatieAal fisAerR'leA aAa fisAeries
astivities, aAa SA iss~es iAsl~aiAg, l3~t Aet liR'litea ts, tAe eval~atisA aAa plaAAiAg sf prejest
IssatieAs, arraAgeR'leAts, aAa altematives; R'lisrs sitiAg (sitiAg sf iAaivia~al \ViA a tlOrl3iAes witAiA
a wiAa farR'l ts iaeAtify tAe l3est site fsr easA iAaivialOal str~st~re); assess liR'litatieAs; aAa
R'leas~res te R'litigate tAe psteAtial impasts sf S~SA prsjests. Any Large-Scale Offshore
Development, as defined al3eve in section 1160.1.1, shall require a pre applisatleA meeting
between the Fisherman's Advisory Board (FAB1, the applicant, and the Council staff to discuss
potential fishery-related impacts, such as, but not limited to, project location, construction
schedules, alternative locations, afl4-project minimization and identification. 910riAg tAe pre
applisatisA R'leetiAg fsr a barge Ssale Offi;Aere QeveISpR'leAt, tAe FAg saA alse iaeAtif'( areas of
high fishing activity or habitat edges. For any state permit process for a Large-Scale Offshore
Development this meeting shall occur prior to submission of the state permit application and
the meeting shall be necessary data and information required for federal consistency reviews
for purposes of starting the CZMA 6-month review period for federal license or permit activities
under 15 C.F.R. part 930. subpart D, and OCS Plans under 15 C.F.R. part 930. subpart E.
pursuant to 15 C.F.R. § 930.58(a)(2). Any necessary data and information shall be provided
before the 6-month CZMA review period begins for a proposed project. IA aaaitisA tAe FAg R'lay
aia tAe CSIOAsii aAa its staff iA aevelepiAg aAa iR'lpleR'leAtiAg a researsA ageAaa. As Aew
iAferR'latieA l3essR'les availal3le aAa tAe ssieAtifis ~AaerstaAaiAg ef tAe OseaA SAMP plaAAiAg
area evslves, tAe FAg may iaeAtify Aew areas \VitA IOAiEllle er fragile pAysisal featlOres,
iR'lpsrtaAt AatlOral Aal3itats, er areas sf AigA AatlOral prea~stivity fsr aesigAatisA l3y tAe CSIlAsii
as Areas ef Partis~lar CeAserA sr Areas gesigAatea fer PreservatisA."
Chapter 11, section 1150.4 (General Policies), new #8:

"8. The Council shall appoint a standing Fishermen's Advisory Board (FAB) which shall provide
advice to the Council on the siting and construction of other uses in marine waters. The FAB is
an advisory body to the Council that is not intended to supplant any existing authority of any
other federal or state agency responsible for the management of fisheries, including but not
limited to the Marine Fisheries Council and its authorities set forth in R.I.G.L 20-3-1 et. seq. The
FAB shall be comprised of nine members. one representing each of the following six Rhode
Island fisheries: bottom trawling; scallop dredging; gillnetting: lobstering: party and charter
boat fishing; and recreational angling: and three members, including two commercial fishermen
and one recreational fisherman, who are Massachusetts fishermen who fish in the Ocean SAMP
area. FAB members shall serve four-year terms and shall serve no more than two consecutive
terms. The Council shall provide to the FAB a semi-annual status report on Ocean SAMP area
fisheries-related issues, including but not limited to those of which the Council is cognizant in its
planning and regulatory activities, and shall notify the FAB in writing concerning any project in
the Ocean SAMP area. The FAB shall meet not less than semi-annually with the Habitat Advisory
Board and on an as-needed basis to proVide the Council with advice on the potential adverse
impacts of other uses on commercial and recreational fishermen and fisheries activities, and on
issues including, but not limited to, the evaluation and planning of project locations,
arrangements, and alternatives: micro-siting (siting of individual wind turbines within a wind
farm to identify the best site for each individual structurel: access limitations: and measures to
Page 13 of 27
mitigate the potential impacts of such projects on the fishery. In addition the FAB may aid the
becomes available and the scientific understanding of the Ocean SAMP planning area evolves.
the FAB may identify new areas with unique or fragile physical features. important natural
habitats, or areas of high natural productivity for designation by the Council as Areas of
Chapter 8. Renewable Energy and Other Offshore Development
7. Revise Chapter 8 section 860.1 (General Policies) #4 to clarify the distinction between
General Policies and Regulatory Standards as applied through federal consistency:
"4. Offshore Developments proposed to be sited in state waters shall not have a significant
adverse impact on the natural resources or existing human uses described in the Ocean SAMP.
Offshore developments proposed to be sited in federal waters are subject to the licensing
federal agencies' legal authorities and the enforceable policies of the federally-approved
RICRMP through the CZMA Federal Consistency authority. O#SAsre gevelsllfAeAts are aSCIAEl
ay all tAe allllli€alale Ilrs>JisisAS iisteEl iA GAallter 11, TAe Psli€ies sf tAe O€eaA SAMP For
purposes of CZMA federai consistency reviews of federal license or permit applications for
Offshore Developments proposed to be sited in state waters. the state only applies. the Section
1160 regulatory standards. However. for State permitting purposes, Offshore Developments
proposed to be sited in State waters are bound by both the General Policies (1150) and
Regulatory Standards (1160) listed in Chapter 11, The Policies of the Ocean SAMP. Where the
Council determines that impacts on the natural resources or human uses of the SAMP area
through the pre-construction, construction, operation, or decommissioning phases of a project
constitute Significant adverse impacts, the Council shall require that the applicant modify the
proposal to avoid and/or mitigate the impacts or the Council shall deny the proposal."
8. If the Council approves the aforementioned change, the same change must be made in
Chapter 11, section 1150.7 (General Policies), #3, as follows:
"3. Offshore Developments proposed to be sited in state waters shall not have a significant
. adverse impact on the natural resources or existing human uses described in the Ocean SAMP.
Offshore developments proposed to be sited in federal waters are subject to the licensing
federal agencies' legal authorities and the enforceable policies of the federally-approved
RICRMP through the CZMA Federal Consistency authority. O#SAsre geveisIlfAeAts are aSCIAEl
ay all tAe allllli€aale IlrsvisisAS listeEl iA GAallter 11, TAe Psli€ies af tAe O€eaA SAMP For
purposes of CZMA federal consistency reviews of federal license or permit applications for
Offshore Developments proposed to be sited in state waters, the state only applies the Section
1160 regulatory standards. However. for State permitting purposes, Offshore Developments
proposed to be sited in State waters are bound by both the General Policies (1150) and
Regulatory Standards (1160) listed in Chapter 11, The Policies of the Ocean SAMP. Where the
Page 14 of 27
Council determines that impacts on the natural resources or human uses of the SAMP area
through the pre-construction, construction, operation, or decommissioning phases of a project
constitute significant adverse impacts, the Council shall require that the applicant modify the
proposal to avoid and/or mitigate the impacts or the Council shall deny the proposal."
9. Revise Chapter 8 section 860.2.1 (Regulatory Standards, which are Enforceable

Policies) #1 to clarify the distinction between General Policies and Regulatory
Standards as applied through federal consistency:
"1. All Offshore Developments regardless of size, including energy projects, which are
. proposed for or located within state waters of the Ocean SAMP area, are subject to the policies
and standards outlined in Sections 1150 and .1160 (except, as noted above, Section 1150
policies shall not be used for CRMC concurrence or objection for CZMA Federal Consistency
reviews!. For the purposes ofthe Ocean SAMP, Offshore Developments are defined as:"
10. If the Council approves the aforementioned change, the same change must be made
to Chapter 11, section 1160.1 (Regulatory Standards, which are Enforceable Policies)
#1, as follows:
"1. All Offshore Developments regardless of size, including energy projects, which are proposed
for or located within state waters of the Ocean SAMP area, are subject to the policies and
standards outlined in Sections 1150 and 1160 (except. as noted above, Section 1150 policies
shall not be used for CRMC concurrence or objection for CZMA Federal Consistency reviews).
For the purposes of the Ocean SAMP, Offshore Developments are defined as:"
11. Move items 860.2.1 #3 and 4 out of section 860.2.1, Regulatory Standards (for CZMA
purposes, "Enforceable Policies"), and into section 860.1, General Policies, to clarify
the distinction between the two, as follows:
Delete items #3 and 4 from 860.2.1, Regulatory Standards ("Enforceable Policies" per CZMA):
"3. To R'lIRiR'llze fjerR'littiRg iRefficieRcies aRe! streaR'lIiRe tRe review fjrocess for offsRore wiRe!
eRNgy e!evelofjR'leRts, tAe CO"lRcii sAail ae!ofjt a forR'lat of reg",latory review similar to tAe
reg",latioRs of tAe U.S. [lefjartmeRt of tAe IRterior's g",rea", of OceaR ERergy MaRageR'leRt,
Reg",latioR aRe! ERforceR'leRt for offsAore WiRe! eRergy. All e!oC"'R'leRtatioR reEl"'iree! at tAe time
of ai3fjlicatioR sAail ee siR'lIIar witA tAe reEl",iremeRts followee! ey tAe U.S. [lei3artR'leRt of tAe
IRterior g",rea", of OeeaR ERergy MaRagemeRt, Reg",latioR aRe! ERforeemeRt WAeR iss"'iRg
rCRewaele eRNgy leascs OR tAe O",ter CORtiReRtal SAelf, For fmtAer e!etails OR tAcse
rcg",latioRs sec 30 CFR §§285 et seE/."
"q. To tAe mal!lR'l"'R'l el!tcRt i3racticaelc, tAc CO"'Rcii sAail coore!iRate wit A tAe ai3i3roi3riate
fcEleral aREl statc agcRcies to estaelisA J3rojcct 5i3ccific reEl",ircmeRts tAat sAail ee tollovJee! ey
Page 15 of 27
tRe a~~lisaAt elbiriAg tRe ~re SSAStrblstisA, sSAstrblstisA, e~eratisA aAEI elessFAFAissieAiRg ~Rases
sf aR OffsRere QeveIS~FAeAt. Ts tRe FAal(iFAblFI'1 BlEteAt ~rastisalale, tAe CebiRsii sAall werll iA
seereliAatieA '....itR a JeiAt AgeAS". 'JlJerhiAg Grebil'! wReA estalalisRiAg ~re seAstrblstieA sblrve,; aAEI
elata reElbliremeAts, meAiteriAg reElbliremeAts, 13retesels aREI mitigatieA measblres fer a
13re~eseel OffsRere QeveIS13meAt. TAe JeiAt AgeAsy WerlliAg Grebl13 sAall sem13rise tAese state
aAelfeeleral ageAsies tRat Raye a regbllatery res~eAsilaility relateel te tAe ~re~eseel ~rejest, as
well as tRe NarragaAsett IAeliaA Trllaal Misteris PreservatieA Offise. TRe ageAs". seAl~esitleA ef
tRis werlliAg grebl~ FAa,; eliffer ele~eAeliAg eA tRe I9rel'!eseel ~rejest, Iablt will geAerall,; iA6Iblele tAe
leael feeleral ageAs.,. ·....itR ~riFAaF'( jblriselistieA ever tAe ~rel'!eseel I9rejest aAEI tRe CRMC . TRe
I9re seAstrblstieA Sblrl'e'( reEjbliremeAts ebitliAeel 11'1 SestisA 860.2.3.1(1} ma,;lae reelblseel fer sFAall
ssale effsRere elevels~meAts as s~esifieella'( tRe JeiAt AgeAsy 'J'lerIIiAg Grebl~."
Add new items #11 and 12 to 860.1, General Policies:

"11. To minimize permitting inefficiencies and streamline the review process for offshore wind
energy developments. the Council shall adopt a format of regulatory review similar to the
regulations of the U.S. Department of the Interior's Bureau of Ocean Energy Management.
Regulation and Enforcement for offshore wind energy. All documentation required at the time
of application shall be similar with the requirements followed by the U.S. Department of the
Interior Bureau of Ocean Energy Management. Regulation and Enforcement when issuing
renewable energy leases on the Outer Continental Shelf. For further details on these
regulations see 30 CFR §§285 et seq."
"12. To the maximum extent practicable. the Council shall coordinate with the appropriate
federal and state agencies to establish project specific requirements that shall be followed by
the applicant during the pre-construction. construction. operation and decommissioning phases
of an Offshore Development. To the maximum extent practicable, the Council shall work in
coordination with a Joint Agency Working Group when establishing pre-construction survey and
data requirements. monitoring requirements, protocols and mitigation measures for a
proposed Offshore Development: The Joint Agency Working Group shall comprise those state
and federal agencies that have a regulatory responsibility related to the proposed project. as
well as the Narragansett Indian Tribal HistoriC Preservation Office. The agency composition of
this working group may differ depending on the proposed project. but will generally include the
lead federal agency with primary jurisdiction over the proposed project and the CRMC. The pre-
construction survey requirements outlined in Section 860.2.5.1(1) may be reduced for small-
scale offshore developments as specified by the Joint Agency Working Group."
12. If the Council approves the aforementioned change, the same change muSt be made
to Chapter 11, Policies of the Ocean SAMP, as follows:
Delete items #3 and 4 from section 1160.1, Regulatory Standards ("Enforceable Policies" per
CZMA):
"3. Te FAiAiFAi.e ~erFAittiAg iAeffisieAsies aAEI streaFAIIAe tRe review ~resess fer sffsRere WiAEI
eAergy ae'Jels!3mel'1ts, tAe CebiAsii sAall aels!3t a fsrmat sf reg"latsr,; reylew similar te tAe
Page 16 of 27
regijlatleAs af the Y.S. gei3artFAeAt af the IAteriar's B~rea~ af DeeaA gAerg',' MaAageFAeAt,
RegijlatiaA aAEI gAfareeFAeAt far affshare wiAEI eAergy, All ElaeijFAeAtatiaA reEj~ireEi at the tiFAe
af ai3i3lieatiaA shall i3e siFAIIar with the reEj~ireFAeAts fallaweEi i3y the Y,S. gei3artFAeRt af the
IRteriar Bijreaij af DeeaA EAergy MaAageFAeAt, RegijlatiaA aREI gRfareeFAeRt wheR iss~iAg
reRe.....ai3le eAergy leases aR the D~ter CaAtiAeAtal Shelf. Far f~rther Eletails SA these
reg~latisAs see 30 CFR §§28§ et seE/."
"q. Ta the FAa)(iFA~FA e)(teAt i3raetieai3le, the CS~Reil shall essrEliAate •....ith the ai3l'lrsi3riate
feEleral aREI state ageAeies ta estai3lish i3rejeet si3eeifie reEj~ireFAeRts that shall i3e falls.....eEl i3y
the ai3i3lieaAt EI~riAg the we eSAstr~eti8A, eaRstr~etisR, si3eratiaR aREI EleesFAFAissiaRiRg i3hases
sf aR Dffshare ge\'elai3FAeRt. Ta the FAa)(iFA~FA e)(teRt i3raetieasle, the Ca~Reil shall· ·....arl! iA
.easrEliRatiaA .....ith a JaiRt AgeRey Warl!iAg Gra~i3 wheR estai3lishiAg i3re eaAstr~etiaA sijrvey aREI
Elata reEjijireFAeAts, FAaRltariRg reEj~iraFAeRts, i3rataeals aREI FAitigatiaR FAeas~res far a
i3rsi3aseEi Dffshare gevelai3FAeAt. The JaiRt AgeRe.,. WarlliAg Gra~i3 shall eaFAi3rise thsse state
aAEI feEleral ageAeies that have a reg~latar.,. resi3sAsii3ility relateEi ta the i3rai3aseEi i3rajeet, as
well as the NarragaAsett IAEliaR Trisal J.listarie Preser\'atiaA Dffiee. The ageRey eaFAi3ssitiaR af
this warlliRg gra~i3 FAay Elifter Elei3eREliAg aR the i3rai3aseEi i3rejeet, s"t will geAerally IRel"Ele the
leaEi feEleral ageRey with i3riFAary j"risElietiaR aver the i3rai3aseEi i3rejeet aREI the CRMC . The
i3re eaAstrijetiaA s"rve.,. reEj"ireFAeRts a"WReEi iR SeetlaR 860.2.3.1(i) FAay i3e reElijeeEl far sFAall
sea Ie affshare Elevelai3FAeRts as si3eeifieElsy the JaiRt AgeRe.,. WarlliRg Gra"i3."
Add new Items #9 and 10 to 1150.7, General Policies:

"9. To minimize permitting inefficiencies and streamline the review process for offshore wind
energy developments, the Council shall adopt a format of regulatory review similar to the
regulations of the U.S. Department of the Interior's Bureau of Ocean Energy Management,
Regulation and Enforcement for offshore wind energy. All documentation required at the time
of application shall be similar with the requirements followed by the U.S. Department of the
Interior Bureau of Ocean Energy Management, Regulation and Enforcement when issuing
renewable energy leases on the. Outer Continental Shelf. For further details on these
regulations see 30 CFR §§28S et seq."
"10. To the maximum extent practicable, the Council shall coordinate with the appropriate
federal and state agencies to establish project specific requirements that shall be followed by
the applicant during the pre-construction, construction, operation and decommissioning phases
of an Offshore Development. To the maximum extent practicable, the Council shall work in
coordination with a Joint Agency Working Group when establishing pre-construction survey and
data requirements, monitoring requirements, protocols and mitigation measures for a
proposed Offshore Development. The Joint Agency Working Group shall comprise those state
and federal agencies that have a regulatory responsibility related to the proposed project. as
well as the Narragansett Indian Tribal Historic Preservation Office. The agency composition of
this working group may differ depending on the proposed project, but will generally include the
lead federal agency with primary jurisdiction over the proposed project and the CRMC, The pre-
construction survey requirements outlined in Section 860.2.5.1(1) may be reduced for small-
scale offshore developments as specified by the Joint Agency Working Group."
Page 17 of 27
13. Revise sections 860.2.2 Areas of Particular Concern, 860.2.3 Areas Designated for
Preservation and 860.2.4 Other Areas, and associated figure labels (both in chapter
and in table of contents) as follows to clarify that these standards only apply to those
sites/areas within state waters:
Revisions to Section 860.2.2 (Regulatory Standards):

"1. Areas of Particular Concern (APCs) have been identified in state waters through the Ocean
SAMP process with the goal of protecting areas that have high conservation value, cultural and
historic value, or human use value from Large-Scale Offshore Development. These areas may be
limited in their use by a particular regulatory agency (e.g. shipping lanes), or have inherent risk
associated with them (e.g. unexploded ordnance locations), or have Inherent natural value or
value assigned by human interest (e.g. glacial moraines, historic shipwreck sites). Areas of
Particular Concern have been identified by reviewing habitat data, cultural and historic features
data, and human use data that has been developed and analyzed through the Ocean SAMP
process. Currently designated Areas of Particular Concern are based on current knowledge and
available datasets; additional Areas of Particular Concern may be identified by the Council in
the future as new datasets are made available. Areas of Particular Concern may be elevated to
Areas Designated for Preservation in the future if future studies show that Areas of Particular
Concern cannot risk even low levels of Large-Scale Offshore Development within these areas.
Areas of Particular Concern include;"
"2. The Council has designated the areas listed below in section 860.2.2.3 in state waters as
Areas of Particular Concern. All Large-scale, Small-scale, or other offshore development, or any
portion of a proposed project, shall be presumptively excluded from APCs. This exclusion is
rebuttable if the applicant can demonstrate by clear and convincing evidence that there are no
practicable alternatives that are less damaging in areas outside of the APC, or that the proposed
project will not result in a significant alteration to the values and resources of the APC. When
evaluating a project proposal, the Council shall not consider cost as a factor when determining
whether practicable alternatives exist. Applicants which successfully demonstrate that the
presumptive exclusion does not apply to a proposed project because there are no practicable
alternatives that are less damaging in areas outside of the APC must also demonstrate that all
feasible efforts have been made to avoid damage to APC resources and values and that there
will be no significant alteration of the APC resources or values. Applicants successfully
demonstrating that the presumptive exclusion does not apply because the proposed project
will not result In a significant alteration to the values and resources of the APC must also
demonstrate that all feasible efforts have been made to avoid damage to the APC resources
and values. The Council may require a successful applicant to provide a mitigation plan that
protects the ecosystem. The Council will permit underwater cables, only in certain categories of
Areas of Particular Concern, as determined by the Council in coordinatioll with the Joint Agency
Working Group. The maps listed below in section 860.2.2.3 depicting Areas of Particular
Concern may be superseded by more detailed, site-specific maps created with finer resolution
data."
Page 18 of 27
"3. Areas of Particular Concern that have been identified in the Ocean SAMP area in state
waters are described as follows."
"4. Developers proposing projects for within the Renewable Energy Zone as described in section
860.2.2 shall adhere to the requirements outlined in 860.2.2.2 regarding Areas of Particular
Concern in state waters, including any Areas of Particular Concern that overlap the Renewable
Energy Zone (see Figure 8.S0)."
Figure labels:
Figure 8.46 Offshore Dive Sites designated as Areas of Particular Concern in state waters.
Figure 8.47 Glacial Moraines designated as Areas of Particular Concern in state waters.
Figure 8.48. Detailed view: Glacial Moraines surrounding Block Island designated as Areas of
Particular Concern in state waters.
Figure 8.49. Navigation, military, and infrastructure areas designated as Areas of Particular
Concern in state waters.
Figure 8.50. Recreational Boating Areas Designated as Areas of Particular Concern in state
waters.
Figure 8.S1. Areas of Particular Concern overlapping the Renewable Energy Zone in state
waters.
Revisions to Section 860.2.3 (Regulatory Standards, which are Enforceable Policies):

"1. Areas Designated for Preservation are designated in the Ocean SAMP area in state waters
for the purpose of preserving them for their ecological value. Areas Designated for Preservation
were identified by reviewing habitat and other ecological data and findings that have resulted
from the Ocean SAMP process. Areas Designated for Preservation are afforded additional
protection than Areas of Particular Concern (see section 860.2.2) because of scientific evidence
indicating that Large-Scale Offshore Development in these areas may result in significant
habitat loss. The areas listed in Section 860.2.3.1 are designated as Areas Designated for
Preservation. The Council shall prohibit any Large-Scale Offshore Development, mining and
extraction of minerals, or other development that has been found to be in conflict with the
intent and purpose of an Area Designated for Preservation. Underwater cables are exempt from
this prohibition. Areas designated for preservation include:"
Figure 8.52. Sea Duck Foraging Habitat Designated as Areas Designated for Preservation in state
waters.

"1. Large-scale projects or other development which is found to be a hazard to commercial
navigation shall avoid areas of high intensity commercial marine traffic in state waters.
Avoidance shall be the primary goal of these areas. Areas of High Intensity Commercial Marine
Traffic are defined as having 50 or more vessel counts within a 1 km by 1 km grid, as in Figure
. 8.53."
Figure 8.53. Areas of High Intensity Commercial Ship Traffic in state waters.
Page 19 of 27
14. If the Council approves the aforementioned changes, the same changes are going to
need to be made in Chapter 11 sections 1160.2, 1160.3 and 1160.4 (Regulatory
Standards, which are Enforceable Policies) as follows:
"1. Areas of Particular Concern (APCs) have been identified in state waters through the Ocean
SAMP process with the goal of protecting areas that have high conservation value, cultural and
historic value, or human use value from Large-Scale Offshore Development. These areas may be
limited in their use by a particular regulatory agency (e.g. shipping lanes), or have inherent risk
associated with them (e.g. unexploded ordnance locations), or have inherent natural value or
value assigned by human interest (e.g. glacial moraines, historic shipwreck sites). Areas of
Particular Concern have been identified by reviewing habitat data, cultural and historic features
data, and human use data that has been developed and analyzed through the Ocean SAMP
process. Currently designated Areas of Particular Concern are based on current knowledge and
available datasets; additional Areas of Particular Concern may be identified by the Council in
the future as new datasets are made available. Areas of Particular Concern may be elevated to
Areas Designated for Preservation In the future if future studies show that Areas of Particular
Concern cannot risk even low levels of Large-Scale Offshore Development within these areas.
Areas of Particular Concern include:"
"2. The Council has designated the areas listed below in section 1160.2.3 in state waters as
Areas of PartiCular Concern. All Large-scale, Small-scale, or other offshore development, or any
portion of a proposed project, shall be presumptively excluded from APCs. This exclusion is
rebuttable if the applicant can demonstrate by clear and convincing evidence that there are no
practicable alternatives that are less damaging in areas outside of the APC, or that the proposed
project will not result In a significant alteration to the values and resources of the APC. When
evaluating a project proposal, the Council shall not consider cost as a factor when determining
whether practicable alternatives exist. Applicants which successfully demonstrate that the
presumptive exclusion does not apply to a proposed project because there are no practicable
alternatives that are less damaging in areas outside of the APC must also demonstrate that all
feasible efforts have been made to avoid damage to APC resources and values and that there
will be no significant alteration of the APC resources or values. Applicants successfully
demonstrating that the presumptive exclusion does not apply because the proposed project
will not result in a significant alteration to the values and resources of the APC must also
demonstrate that all feasible efforts have been made to avoid damage to the APC resources
and values. The Council may require a successful applicant to provide a mitigation plan that
protects the ecosystem. The Council will permit underwater cables, only in certain categories of
Areas of Particular Concern, as determined by the Council in coordination with the Joint Agency
Working Group. The maps listed below in section 1160.2.3 depicting Areas of Particular
Concern may be superseded by more detailed, site-speCific maps created with finer resolution
data."
"3. Areas of Particular Concern that have been identified in the Ocean SAMP area in state
waters are described as follows."
Page 20 of 27
4. Developers proposing projects for within the Renewable Energy Zone as described in section
1160.1.2 shall adhere to the requirements outlined in 1160.1.2 regarding Areas of Particular
Concern in state waters. including any Areas of Particular Concern that overlap the Renewable
Energy Zone (see Figure 8.50).
Figure labels:
Figure 11.2 Offshore Dive Sites designated as Areas of Particular Concern in state waters.
Figure 11.3 Glacial Moraines designated as Areas of Particular Concern in state waters.
Figure 11.4. Detailed vieW: Glacial Moraines surrounding Block Island designated as Areas of
Particular Concern in state waters.
Figure 11.5. Navigation, military, and infrastructure areas designated as Areas of Particular
Concern in state waters.
Figure 11.6. Recreational Boating Areas Designated as Areas of Particular Concern in state
waters.
Figure 11.7. Areas of Particular Concern overlapping the Renewable Energy Zone in state
waters.

"1. Areas Designated for Preservation are designated in the Ocean SAMP area in state waters
for the purpose of preserving them for their ecological value. Areas Designated for Preservation
were identified by reviewing habitat and other ecological data and findings that have resulted
from the Ocean 5AMP process. Areas Designated for Preservation are afforded additional
protection than Areas of Particular Concern (see section 1160.2) because of scientific evidence
indicating that Large-Scale Offshore Development in these areas may result In significant
habitat loss. The areas listed in Section 1160.3 are designated as Areas Designated for
Preservation. The Council shall prohibit any Large-Scale Offshore Development, mining and
extraction of minerals, or other development that has been found to be in conflict with the
intent and purpose of an Area Designated for Preservation. Underwater cables are exempt from
this prohibition. Areas designated for preservation include:"
Figure 11.8. Sea Duck Foraging Habitat Designated as Areas Designated for Preservation in state
waters.

"1. :Large-scale projects or other development which is found to be a hazard to commercial
navigation shall avoid areas of high intensity commercial marine traffic in state waters.
Avoidance shall be the primary goal of these areas. Areas of High Intensity Commercial Marine
Traffic are defined as having 50 or more vessel counts within a 1 km by 1 km grid, as in Figure
11.9."
Figure 11.9. Areas of High Intensity Commercial Ship Traffic in state waters.
Page 21 of 27
15. Revise the description of necessary data and information per the CZMA in section
860.2.5 (Regulatory Standards, which are Enforceable Policies), #1, as follows:
"1. For the purposes of this document. the phrase "'necessary data and information'" shall refer
to the necessary data and information required for federal consistency reviews for purposes of
starting the Coastal Zone Management Act (CZMA) 6-month review period for federal license or
permit activities under 15 C.F.R. part 930, subpart D, and DCS Plans under 15 C.F.R. part 930,
subpart E, pursuant to 15 C.F.R. § 930.58(a)(2). Any necessary data and information shall be
provided before the 6-month CZMA review period begins for a proposed project. Fsr tAe
f'l~rf'lsses sf tAis else~meAt, tAe f'lAraSe 'AeeeSSaf'I elata aREI iAfsrmatisA' sAali refer te tAe
A€eeSsary a3ta aRe iRferlTlatisA r€€Jl:firea fer feaeral €8RSistcRSY aeterlTliRatisAS '=lASer tAB
Csastal :lsAe MaRagemeAt Aet (C:lMA) (see Hi CFR §93Q.58). AA'{ Aeeessar'I elata aREI
iAfsrrAatieA sAali ae f'lrs'/Ieleel aefere tAe 6 mSA.tA C:lMA review f'lerisel aegiRs fer a f'lref'lsseel
f'lrejeet.Jt should be noted that other federal and state agencies may require other types of
data or information as part of their review processes."
16. If the Council approves the aforementioned change, the same change must be made in
Chapter 11, section 1160.5 (Regulatory Standards, which are Enforceable Policies) #1,
as follows:
"1. For the purposes of this document. the phrase '''necessary data and information'" shall refer
to the necessary data and information required for federal consistency reviews for purposes of
starting the Coastal Zone Management Act (CZMA) 6-month review period for federal license or
permit activities under 15 C.F.R. part 930, subpart D. and DCS Plans under 15 C.F.R. part 930,
subpart E, pursuant to 15 C.F.R. § 930.58(a)(2). Any necessary data and information shall be
provided before the 6-month CZMA review period begins for a proposed prolect. Fsr tAe
J3l:fFf38ses sf tRis aeebHTlcRt, tRe f3RraSe 'Rccessary aata 3Ra iRfenTlatieR' sRall refer t8 tRe
Aeeessary elata aAEI iAfermatieA re(j~ireel fer feeleral eSAslsteRey eletermiRatieAs ~Aeler tAe
Ceastal :leRe MaAagemeAt Aet (C:lMA) (see 15 CFR §93Q.§8). AA't' ReeeSSaf'{ elata aAEI
iAfermatleA sAali ae f'lrevieleel aefere tAe 6 mSRtA C£MA review f'lerleel aegiRs fer a f'lref'leseel
f'lrejeet,Jt should be noted that other federal and state agencies may require other types of
data or information as part oftheir review processes."
17. Revise section. 860.2.8 (Regulatory Standards, which are Enforceable Policies) #9,
Standards for Construction Activities, to address a potential "incorporation by
reference" Issue; per OCRM comments, an enforceable policy cannot incorporate by
reference another enforceable policy:
"9. All pile-driving or drilling activities shall comply with ~ any mandatory best management
practices established by the Council in coordination with the Joint Agency Working Group and
which are incorporated into the RICRMP."
Page 22 of 27
18. If the Council approves the aforementioned change, the same change must be made In
Chapter 11 section 1160.8 (Regulatory Standards, which are Enforceable Policies) 119 as
follows:
"9. All pile-driving or drilling activities shall comply with #Ie- any mandatory best management
practices established by the Council in coordination with the Joint Agency Working Group and
which are incorporated into the RICRMP."
19. Move section 860.3, Recommended Targets, into section 860.1, new 1112 (i-iii) to
clarity that it is not a regulatory standard ("enforceable polley" for CZMA purposes)
but a general polley, as follows:
Delete section 860.3:

869.3 ReeeA1A1eRaea Targets:
1. TAe feliewiRg are iRa~stry geals tAat ~rejeets sAe~la strive fer. TAese are Ret reEl~irea
staRaaras at tAis tiA1e s~t are targets ~rejeet ~re~sReRts sAs~la try te A1eet wAere
~essisle te alleviate peteRtial aaverse 1A1~aets.
2. A geal fer tAe 'NiRa farA1 a~plieaRt aRa eperater is te Aave e~eratlsRal Reise freA1
wiRa t~rsiRes average less tAaR er eEl~al te 199 aB re 1 !'lPaa iR aR'( 1/3 estave saRa at a
raRge of lQg fAe1:ers at fl:lll13ower 13reabistisA.·
3. TAe ap~lieaRt aRa A1aR~fast~rer sAe~la eRaeaver te A1iRiA1i~e tAe raaiatea airsefAe
Reise freA1 tAe \'liRa t~rsiRes.
4. A A1eRiteriRg systeA1 iRel~aiRg aee~stieal, sptieal aRa stAer seRssrs sAe~la se
estaslisAea Rear tAese faeilities te El~aRtify tAe effeets.
Insert new 1112 (i-iii) in section 860.1, General Policies:

"12. The following are industry goals that projects should strive for. These are not required
standards at this time but are targets project proponents should try to meet where possible to
alleviate potential adverse impacts:
i. A goal for the wind farm applicant and operator is to have operational noise from
wind turbines average less than or equal to 100 dB re 1 uPaz in any 1/3 octave band at a
range of 100 meters at full power production.
ii. The applicant and manufacturer should endeavor to minimize the radiated airborne
noise from the wind turbines.
iii. A monitoring system including acoustical, optical and other sensors should be
established near these facilities to quantiN the effects."
Page 23 of 27
20. If the Council approves the aforementioned change, the same change will need to be
made in Chapter 11 as follows:
Delete section 1160.10:

l1fiQ,1:Q ReEi9MMeR"e~ Targe's
1. TAe fslls·.vIRg are iRablstr'" gsals tAat ~rsjeets sAsbila strive fer. TAese are Ret reEfblirea
staRaaras at tAis tirAe l3b1t are targets ~rsjeet ~rs~eReRts sAsbila try te rAeet wAere ~sssil3le ts
alleviate ~steRfial aaverse IrA~asts:
2. A geal for tAe wiRa farrA a~plisaRt aRa s~erator is to Aave s~eratioRal Rsise frorA wiRa
tblrl3iRes average less tAaR or eEfbial to 199 aB re 1 flPa..iR aRy 1/3 osta'le l3aRa at a raRge sf 199
rAeters at tblll ~ower ~reablstiOR.
3. TAe a~~lIsaRt aRa rAaRblfastbirer sAsbila eRaeavor to rAiRirAize tAe raalatea airl30FAe Rsise
frorA tAe wiRa tblrl3iRes.
4. iI rAsRitsriRg systerA iRslbiaiRg assblstisal, s~tisal aRa stAer seRssrs sAs~la l3e estal3lisAea
Rear tAese fasilities ts EfbiaRtify tAe effests.
Insert new item #11 (i-iii) in section 1150.7, General Policies:

"11. The following are industry goals that projects should strive for. These are not required
standards at this time but are targets project proponents should try to meet where possible to
alleviate potential adverse impacts:
I. A goal for the wind farm applicant and operator is to have operational noise from
wind turbines average less than or equal to 100 dB re 11.lPaz in any 1/3 octave band at a
range of 100 meters at full power production.
ii. The applicant and manufacturer should endeavor to minimize the radiated airborne
noise from the wind turbines.
iiI. A monitoring system including acoustical. optical and other sensors should be
established near these facilities to quantify the effects."
Page 24 of 27
Chapter 11. Policies of the Ocean SAMP
21. Revise Chapter 11, section 1100 (general findings/discussion), item #4 to clarify
distinction between general policies and regulatory standards:
"4. This Chapter presents how the Ocean SAMP builds upon CRMC's existing program as well as
describes implementation mechanisms that support the application of the adaptive
management approach. Section 11S0 presents all Ocean SAMP general policies, while Section
1160 integrates the regulatory standards into a regulatory process that ensures the Council's
ability to uphold its mandatory requirements. To review both general policies and regulatory
standards by topic area, please see that specific chapter. The "General Policies" in Section 1150
are policies the CRMC applies through its various management and regulatory functions. but
the General Policies are not "enforceable policies" for purposes of the Federal Coastal Zone
Management Act (CZMA) Federal Consistency provision (16 U.S.c. § 1456 and 15 C.F.R. part
930). For CZMA Federal Consistency purposes the General Policies are adVisory only and
cannot be used as the basis for a CRMC CZMA Federal Consistency concurrence or objection.
However. for State permitting purposes. Offshore Developments proposed to be sited in State
waters are bound by both the General Policies (1150) and Regulatory Standards (1160) listed in
Chapter 11. The Policies of the Ocean SAMP. The "Regulatory Standards" in Section 1160 are
enforceable policies for purposes of the Federal CZMA Federal Consistency provision (16 U.S.c.
§ 1456 and 15 C.F.R. part 930), For CZMA Federal Consistency purposes the Regulatory
Standards. in addition to other applicable federally approvedRICRMP enforceable policies. shall
be used as the basis for a CRMC CZMA Federal Consistency concurrence or objection.
22. Add to Chapter 11, Section 1100 (Introduction), new #5 and 6 as follows:
"5. States. generally. do not have jurisdiction in federal waters and the federal Coastal Zone
Management Act (CZMA) does not confer such lurisdiction. Therefore. in order to meet CZMA
requirements. state plans. enforceable policies. and Areas of Particular Concern (APCs) must
only apply to areas of state jurisdiction. The Ocean SAMP is a planning and regulatory
component for the State of Rhode Island and will be incorporated into the NOAA-approved
Rhode Island Coastal Resource Management Program (RICRMP). As such. in order to meet the
CZMA's definition of "enforceable policy" and NOAA's corresponding regulations. the Ocean
SAMP only applies to state waters (out to 3 nautical miles). The enforceable policies and APCs
in a NOAA-approved Ocean SAMP will apply to activities in federal waters through the CZMA
federal consistency provision."
"6. The Ocean SAMP includes studies of federal waters and identifies uses. resources and areas
of federal waters. but these are technically not part of the Ocean SAMP; they are Included as
incidental studies and areas of interest. The data and maps pertaining to federal waters are not
enforceable components ofthe Ocean SAMP. However. the data and maps contain a
substantial amount of environmental. ecological. geologic. and human use information for state
Page 25 of 27
and federal waters and the state, federal agencies and applicants may choose to use this
information for environmental reviews (including reviews under the National Environmental
Policy Act and coastal effects analyses under the CZMA). engineering Issues (e.g .. is the seafloor
material compatible for a particular piece of equipment). and other planning and regulatory
decisions. The CRMC may use the data and maps for federal waters to assess coastal effects,
but Rhode Isiand's CZMA federal consistency concurrence or objection must be based on
enforceable policies contained in the NOAA-approved RICRMP."
23, Revise Chapter 11, section 1150 (General Policies) #1 to clarify distinction between
General Policies and Regulatory Standards:
"1. Ocean SAMP policies and regulatory standards represent actions the CRMC must take to
uphold its regulatory responsibilities mandated to them by the Rhode Island General Assembly
and the FeEleral (eastal ZeAe MaAageFAeAt Act CZMA to achieve the Ocean SAMP goals and
principles described in the Introduction Chapter. The "General Policies" in Section 1150 are
policies the CRMC applies through its various management and regulatory functions, but the
General Policies are not "enforceable policies" for purposes of the Federal CZMA Federal
Consistency provision (16 U.S.c. § 1456 and 15 C.F.R, part 930). For CZMA Federal Consistency
purposes the General Policies are adVisory only and cannot be used as the basis for a CRMC
CZMA Federal Consistency concurrence or objection. However, for State permitting purposes.
Offshore Developments proposed to be sited in State waters are bound by both the General
Policies (1150) and Regulatory Standards (1160) listed in Chapter 11. The Policies of the Ocean
SAMP, The "Regulatory Standards" in Section 1160 are enforceable policies for purposes of the
Federal CZMA Federal Consistency provision (16 U.S.c. § 1456 and 15 C.F.R. part 930), For
CZMA Federal Consistency purposes the Regulatory Standards, in addition to other applicable
federally approved RICRMP enforceable policies, shall be used as the basis for a CRMC CZMA
Federal Consistency concurrence or objection. Policies presented for cultural and historic
resources, fisheries, recreation and tourism, and marine transportation promote and enhance
existing uses and honor existing activities (Goal Ii, Principle iii). Ecology, global climate change,
and other future uses information and policies prOVide a context for basing all decisions on the
best available science, while fostering a properly functioning ecosystem that is both ecologically
sound and economically beneficial (Goal i, Principle iV), Renewable energy and offshore
development policies and regulatory standards ensure there is a rigorous review for all ocean
development so that the Council meets its public trust responsibilities. The Ocean SAMP also
provides thoughtful direction to encourage marine-based economic development that meets
the aspirations of local communities and is consistent with and complementary to the state's
overall economic development, social, and environmental needs and goals (Goal iii). All
chapters work towards establishing frameworks to coordinate decision-making between state
and federal management agencies and the p~ople who use the Ocean SAMP region (Goal iv),
developing in a transparent manner (Principle i), and promoting adaptive management
(Principle i). Ocean SAMP policies are all important to ensuring that the Ocean SAMP region is
managed in a manner that both meets the needs of the people of Rhode Island, while
protecting and restoring our natural environment for future generations."
Page 26 of 27
24. Revise Chapter 11 section 1160 (Regulatory Standards, which are Enforceable Policies)
#1 to clarify the distinction between general policies and regulatory standards as
applied through federal consistency:
"1. This section contains all the regulatory standards outlined by the Ocean SAMP. The
regulatory standards have been organized according to the following stages: application;
design, fabrication and installation; pre-construction; construction and decommissioning and;
monitoring. Section 1160.1, Overall Regulatory Standards, applies to all stages of development.
The regulatory standards contained within all previous chapters of the. Ocean SAMP document
have been incorporated into this section based upon the applicable stage of development. The
"Regulatorv Standards" in Section 1160 are enforceable policies for purposes of the Federal
CZMA Federal Consistency provision (16 U.S.c. § 1456 and 15 C.F.R. part 930). For CZMA
Federal Consistency purposes the Regulatory Standards. in addition to other applicable
federally approved RICRMP enforceable policies shall be used as the basis for a CRMC CZMA
Federal Consistency concurrence or objection."
Ocean SAMP Appendices
25. We propose the following new language be added to the beginning of the Ocean SAMP
appendix of technical reports as a preamble to this ·document. We propose this out of an
abundance of caution, to clarify that the technical reports are not regulations that would need
to be subject to public review per the Administrative Procedures Act:
"PREAMBLE.
The technical reports included in the Ocean SAMP appendix are based on ongoing research
conducted by URI researchers, and will be updated on an ongoing basis as new data and results
become available. For the most up-to-date versions of these technical reports. please refer to
the RI Coastal Resources Management Council website at
http://www.crmc.ri.gov/sampocean.html...
Page 27 of 27
I,'
'.'-:-J
- .. ,
i
.J
COASTAL RESOURCES MANAGEMENTCOUNCILc.~ ..._.._...._.· ."cc"
Oliver Stedman Government Center
4808 Tower Hill Road; Suite 3, Wakefield, RI 02879-1900
In accordance with and pursuant to the provisions ofthe "Administrative Procedures Act" (Section
42-35-3 of the General Laws of Rhode Island.) and the Rule and Regulations of the Coastal Resources
planning and management of the coastal resources of the State relative to Chapter 46-23 of the State of
Rhode Island.
The following changes are proposed:
Table 4a. Dwellin Rebuilds and Additions for Maintenance Activities under Section 300.14
Section 210.7 (Dunes): Existing Structures
All Structural Alterations other than Mainteuan~e will be Required to:

Move Beyond the 50 foot Setback Area and
Meet RI State Building Code Requirements
Structural Alteratiou Within 50 foot setback Landward of 50 foot setback
Allowed: Maximum 25
sq.ft. at a minimum of 8 feet
Cantilever Decks above grade (in 50 foot Allowed
setback area only)
Allowed: provided
Decks on Roofs maximum 100 sq. ft and Allowed
within existing footprint of
roof (no new overhang)
Allowed: provided no new

rooms are created: no new
RoofUne Changes livable space is created: no Allowed
additional stories are added:
does not result in a change
to the existing footprint
If Foundation is NOT
FE~ Compliant and:
Allowed provided RI State
1. Rebuild In-kind Prohibited Building Code and all other
RICRMP requirements are met
2. Other Prohibited
If Foundation IS
FEMA Compliant and:
I. Rebuild In-kind Allowed (as Maintenance')

Allowed provided RI State
nd
2. Add 2 Floor Prohibited Building Code and all other
RICRMP requirements are met.
3. Demolition and Prohibited
Add 2nd Floor
4. Other Prohibited
'On Moderately Developed and Undeveloped Barriers, only in-kind maintenance is allowed. If a lot can support it, the structure
may be moved back and elevated in accordance with RI State Building Code requirements. However, in-kind rehuild is still only
allowance.
These are for typical maintenance activity reviews, however, avariance may be required if erosion setbacks are farther landward than
the 50-foot dune setback. In unusual circumstances, the Executive Director may invoke the maintenance provision allowances of
Section 300.14. This table is for residential structures which are intact and functional at the time of application. It shall not be
applicable for structures which have been destroyed 50% or more by coastal storms. Structures which have been destroyed 50% or more
by coastal storms will be processed as new applications under the appropriate sections ofthe RICRMP and applicable SAMPs. Relief
from this table requires a Special Exception. Where an activity is indicated as "allowed" it must also meet all other applicable RICRMP
requirements.
I If structure is within the 50 foot setback area, and cannot relocate beyond 50 foot setback area, application will be deter mined to
be a Maintenance activity and the structure will be allowed to be rebuilt in-kind provided it meets current RI State Building Code
and all other applicable RICRMP requirements.
Purpose: to propose minor maintenance activity allowances for existing structures on developed
barriers that are within dune setback areas.
Section 300.6 - Treatment of Sewage and Stormwater

A. Definitions
I. Sewage: Pursuant to R.I.a.L. § 46-12-1, sewage means "fecal material and human waste, or wastes
from toilets and other receptacles intended to receive or retain body waste, and any wastes, including
wastes from human households, commercial establishments, and industries, and stonn water runoff..."
For purposes of the Coastal Resources Management Program, "sewage" is further defined to include
freshwater discharges, including stonnwater runoff that may significantly alter the salinity oftidal
waters or salt ponds; the tenns "wastewater" and "septage", as defined by the DEM OWTS Rules; and
discharges of heated waters to tidal waters of the state.
2. Onsite wastewater treatment systems (OWTS): means any system of piping, tanks, dispersal areas,
alternative toilets or other facilities designed to function as a unit to convey, store, treat or disperse
wastewater by means other than discharge into a public sewer system.
3. Point sonrce discharges: means any diseernible, confined, and diserete conveyance, including, but not
limited to, any pipe, ditch, charmel, tunnel, conduit, well, discrete fissure, container, rolling stoek,
concentrated animal feeding operation, or vessel or other floating craft from which sewage is or may be
discharged.
4. Sewage treatment plants: sewage collection and treatment facilities, including state, municipal, or
privately owned and operated collection, pumping, treating, disposal or dispersion facilities designed for
the treatment of sewage from residences, commercial buildings, industrial plants and institutions,
together with any groundwater, surface water, or surface runoff that may be present in the waste stream.
5. Stormwater rnnoff: that portion of precipitation that does not naturally infiltrate into the landscape
(e.g., without human influence) but rather travels overland as surface flow. It is also commonly referred
to as "stonnwater". Stonnwater runoff is a significant contributor of pollutants such as sediments,
bacteria, nutrients (nitrogen and phosphorus), hydrocarbons (oil and grease), metals, and other
substances that adversely affect water quality and the coastal environment. In addition, significant
discharges of stonnwater may alter salinity and thereby, adversely impact the coastal environment,
especially in poorly flushed estuaries and embayments.
6. Stormwater management plan: A plan describing the proposed methods and measures to prevent or
minimize stonnwater runoff (water quality and quantity) impacts associated with a development project
both during and after construction. It identifies selected low impact development (LID) source controls
and treatment practices to address those potential impacts, the engineering design of the treatment
practices, and maintenance requirements for proper perfonnance of the selected practices. The
stormwater management plan details how a project complies with the eleven (11) minimum stonnwater
management standards and perfonnance criteria detailed in the most recent version of the Rhode Island
Stormwater Design and Installation Standards Manual. When such a plan is implemented, it provides
protection and restoration of receiving waters by reducing pollutant loadings and other negative impacts
associated with changes in land use (i.e., urbanization).
7. Redevelopment: for purposes ofthe CRMC is defined as any construction, alteration, or improvement
that disturbs more than 5000 square feet of existing impervious area, regaraless sf the tstal area
aistlirllea, where the existing land use is commercial, industrial, institutional, govermnental,
recreational, or multi-family residential. .
8. Low Impact Development (LID): is a site planning and design strategy aimed at maintaining or
replicating the predevelopment hydrology through the use of site plamling, source control, and small-
scale practices integrated throughout a site to prevent, infiltrate, and manage stormwater runoff as close
to its source as possible. LID achieves natural resource protection by replenishing groundwater supplies,
minimizing the stonnwater runoff volume discharged to surface waters, and improving water quality.
Examples of LID practices include bioretention, vegetated swales, stonnwater planters, porous
pavement or concrete, greenroofs, rainwater collection systems for water reuse, and other similar
methods.
9. Water quality volume (wQ): the storage needed to capture and treat 90% ofthe average annual
stonnwater runoff volume, and in Rhode Island this equates to one (1 )-inch of runoff from impervious
surfaces.
10. Maximum extent practicable: means the applicant has made all reasonable efforts to meet the
standard, including the evaluation of alternative methods to achieve the same level of treatment. To
show that a proposed development has met a standard to the maximum extent practicable, the applicant
must demonstrate the following: (I) all reasonable efforts have been made to meet the standard in
accordance with current local, state, and federal regulations; (2) a complete evaluation of all possible
management measures has been perfonned; and (3) if full compliance cannot be achieved, the highest
practicable level of management is being implemented.
B. PQlicies
I. It is the Council's policy to maintain and, where possible, improve the quality of coastal wetlands,
contiguous freshwater wetlands, freshwater wetlands in the vicinity of the coast, groundwater resources
and tidal and salt pond surface waters. In so doing, the Council requires the use of low impact
development (LID) strategies as the primary method ofstonnwater management to reduce the volume of
stormwater runoff to surface waters, recharge groundwater supplies, and improve overall water quality.
2. It is the Council's policy to minimizethe amount of onsite wastewater treatment system (OWTS)-
derived nitrates and other potential contaminants which may leach into salt ponds and all other Type I,
2, and 3 waters.
3. The Council encourages applicants for a CRMC Assent to install, alter or repair an OWTS to meet on
site with CRMC staff prior to undertaking of OWTS groundwater and soil tests to discuss the location
of the system and buffer zones, where applicable.
4. It is the Council's policy to require the proper management and treatment of stormwater through the
preparation and implementation of a storrnwater management plan in accordance with the most recent
version of the Rhode Island Stormwater Design and Installation Standards Manual, and which satisfies
the requirements ofthe RICRMP and any applicable Special Area Management Plan. .
5. The most recent version of the Rhode Island Stormwater Design and Installation Standards Manual
provides the appropriate methods for the preparation of stormwater management plans and the treatment
of stonnwater using LID practices and methods within the CRMC's jurisdiction. The Council also
recognizes th(lt the most recent version of the Rhode Island Soil and Erosion and Sediment Control
Handbook, and its amendments, published jointly by the Rhode Island Department of Enviromnental
Management and the United States Department of Agriculture (USDA), Natural Resources
Conservation Service (NRCS) provides additional guidance and supplemental infonnation with respect
to the management and treatment of stormwater.
6. It is the Council's policy that all stormwater management plans shall take into consideration all potential
iinpacts associated with the discharge of stonnwater runoff into the coastal enviromnent. Potential
impacts include, but are not limited to, the following: (i) impacts to salt marshes such as changes in
species composition due to the introduction of freshwater to high marsh areas; (ii) changes in the
salinity of receiving waters; (iii) thennal impacts to receiving waters; (iv) the effects of introducing
stormwater runoff to receiving waters with low dissolved oxygen concentrations; and (v) other potential
water quality impacts.
7. The Council's policy is to ensure that all projects are planned, designed, and developed in order to: (I)
protect areas that provide important water quality benefits and/or are particularly susceptible to erosion
and sediment loss; (2) limit increases of impervious surface areas, except where absolutely necessary;
(3) limit land disturbance activities such as clearing and grading and cut and fill to reduce erosion and
sediment loss; and (4) limit disturbance of natural drainage features and vegetation. Additionally,
stormwater management practices should be designed as landscape amenities to include native plant
species on project sites. The Council recommends applicants to use the "Rhode Island Coastal Plant
Guide," an interactive, web-based plant list prepared by the URI Cooperative Extension Education
Center in consultation with the CRMC and available online at:
www.cnnc.ri.gov/coastallandscapes.html.
c. Prerequisites
I. Applicants seeking a Council Assents to construct, alter, or repair onsite wastewater treatment systems
or point source discharges shall first obtain the requisite permit(s) from the Department of
Enviromnental Management.
2. The discharge standards, effluent limitations and pretreatment standards established for the discharge of
pollutants to waters of the State under the Rhode Island Pollutant Discharge Elimination System
(RIPDES) program, and administered by the Department ofEnviromnental Management (DEM), are the
State's water pollution control requirements. Applicants for projects for which an Individual RIPDES
Permit is required shall obtain said permit from DEM and submit the Individual RIPDES Permit with
the CRMC Assent application. Note: Projects that are eligible to snbmit a Notice of Intent (N0l) for
coverage under a RIPDES General Permit are not required to submit the RIPDES Authorization with
the CRMC Assent application. Applicants for such projects, however, are encouraged to file a Notice of
Intent (N0l) with DEM concurrently with their CRMC application to allow a coordinated review
between the agencies.
3. The Council shall formally review proposed actions onlyaflerall other applicable state/local
requirements have or will be met. The Council, however, will comment on preliminary plans for major
facilities to assist in the planning process.
4. The Executive Director or the Council may require that an applicant obtain a DEM System Suitability
Determination, as provided in the DEM OWTS Rnles, for onsite wastewater treatment systems tlmt pre-
date 1968.
D. Prohibitions
I. Point source discharges of sewage and/or stormwater runoff are prohibited on unconsolidated coastal
banks and bluffs.
2. New and enlarged stormwater dIscharges to the high salt marsh enviromnent bordering Type I and Type
2 waters and within salt marshes designated for preservation which border Type 3, 4, 5, and 6 waters are
prohibited. Stonnwater discharges to existing well flushed tidal channels within high marshes shall not
be subject to this prohibition. All such discharges, however, shall meet the applicable standards
contained herein.
3. Point source discharges of sewage are prohibited in Type I waters.
E. Standards
1. For Onsite Wastewater Treatment Systems (OWTS):

(a) See standards given in "Filling, Removing, or Grading" (Section 300.2).
(b) The construction, repair or alteration of all OWTS and components shall conform to the standards
set f01ih in the most recent Rules Establishing Minimum Standards relating to Location, Design,
Construction and Maintenance ofOnsite Wastewater Treatment Systems promulgated by the
Department of Enviromnental Management (referred to herein as DEM OWTS Rules).
(c) Site grading around the OWTS shall direct the flow of surface runoff water away from the OWTS
and meet all applicable requirements of the DEM OWTS Rules.
(d) Sub-drains constructed to lower groundwater levels in an area where an OWTS will be located
shall: (I) conform to all applicable DEM rules; (2) have no piping located between the anticipated
OWTS .and the shoreline; and (3) have exposed outfalls suitably protected against shoreline erosion
and scour.
(e) When existing buildings are changed from seasonal to year-round use, renovated or expanded by
adding one or more rooms, an OWTS Suitability Detennination shall be obtained by the applicant
from the Department of Environmental Management to indicate that the existingOWTS meets 'all
applicable DEM OWTS Rules.
(f) Connections to OWTS and cesspools that are abandoned shall be removed, blocked, or otherwise
disc011l1ected, and abandoned cesspools and septic tanks shall be pumped dry and filled with clean
fill in accordance with all applicable DEM OWTS Rules.
(g) Where necessary, barriers shall be constructed to prevent vehicles from passing or parking over
septic systems, unless permissible in accordance with DEM OWTS Rules.
2. The 1993 Rhode Island Stormwater Design and Installation Standards Manual ("Stormwater Manual")
will be superseded by the 2010 Stormwater Manual upon effective date of adoption by the Council.
Unless otherwise provided in subsections (a) or (b), the requirements of the 2010 Stormwater Manual,
as amended, shall apply to all CRMC applications submitted on or after January 1,2011.
(a) Applicants for projects which have a currently valid and vested Master Plan approval from a local
pla11l1ing board or commission on or before March 31,2011 may elect to comply with the 1993
Stormwater Manual instead of the 2010 Stormwater Manual provided that a complete application
for the project is submitted to the CRMC on or before June 30, 2011. Any project applicant that
received Master Plan approval who submits an application to the CRMC after June 30, 2011 shall
comply with the 20 I0 Stonnwater Manual, including any future phases of a phased project having
. received Master·Plan approval.as ofMarch.31, 2011. Applicants shall,at the time ofapplication,
submit a copy of the Master Plan approval document(s) demonstrating eligibility under this
subsection. This subsection applies only to those projects which are required to obtain local Master
Plan approval pursuant to R.I.G.L. § 45-23-40.
(b) In the case of any RIDOT project or a local government road or bridge project, the applicant may
elect to comply with the 1993 Stormwater Manual instead of the 20 I0 Stonnwater Manual provided
that a complete application for the project is submitted to the CRMC on or before June 30, 2011.
Any application submitted to the CRMC after June 30, 20 II shall comply with the 20 I0 Stormwater
Manual.
3. For stonnwater management the Council requires, in accordance with the "Smart Development for a
Cleaner Bay Act of2007" (R.I.G.L. § 45-61.2), that all applicable projects meet the following
requirements:
(a) Maintain pre-development groundwater recharge and infiltration on site to the maximum extent
practicable;
(b) Demonstrate that post-construction stonnwater runoff is controlled, and that post-development peak
discharge rates do not exceed pre-development peak discharge rates; and
(c) Use low impact-design techniques as the primary method of stormwater control to the maximum
extent practicable.
4. Residential, commercial, industrialor pnblic recreational structures se~est teas defined in Section
300.3 shall provide treatment and management ofstonnwater runoff for all new iffij'lerviees serfases
eEtHar te er structural footprint expansions. including building rooftops. greater than twe 11tlHarea
~six (600) hundred square feet in size, iReleaiRg BeilaiRg reeftej'ls, and any new impervious
pavement, driveways, sidewalks, or parking areas,e.ete, regardless of size. Applicable projects shall
submit a stormwater management plan that demonstrates compliance with the eleven (II) minimum
stormwater management standards and performance criteria as detailed in the most recent version of the
Rhode Island Stormwater Design and Installation Standards Manual. Single-family dwelling projects,
however, may meet these provisions as detailed in 300.6.E.8 below.
5. Roadways, highways, bridges, and other projects subject to Section 300.13 shall provide treatment and
management of stormwater runoff for all new impervious surfaces. These projects shall submit a
stormwater management plan that demonstrates compliance with the eleven (11) minimum stonnwater
management standards and performance criteria as detailed in the most recent version ofthe Rhode
Island Stormwater Design and Installation Standards Manual. Any improvement projects to existing
roads, highways and bridges and other projects snbject to Section 300.13 that result in the creation of
new impervious surfaces shall provide treatment and management of stormwater as above for all new
impervious surfaces. Maintenance activities such as pavement resurfacing projects, replacement of
existing drainage systems, minor roadway repairs, or emergency roadway and drainage repairs are
excluded from these requirements provided there is no expansion of the existing impervious surface area
and no new or enlarged stormwater discharges.
6. Unless exempted as a maintenance activitv herein, Aany redevelopment that disturbs more than 5000
square feet of existing impervious surface coverage, regaraless eflhe tetal area aismrhea, shall comply
with Minimum Stormwater Standard 6 (Redevelopment and Infill Projects) of the most recent version of
the Rhode Island Stormwater Design and Installation Standards Manual. Maintenance activities subject
to Section 300.14 are excluded from these requirements provided there is no expansion ofthe existing
impervious surface area and no new or enlarged stormwater discharges resulting from the maintenance
activity.
7. All stormwater management plans shall take into consideration potential impacts associated with the
discharge of stormwater runoff into the coastal enviromnent. Applicants shall address these potential
impacts to include, but not limited to, the following: (i) impacts to coastal wetlands such as changes in
species composition due to the introduction of freshwater to high marsh areas; (ii) changes in the
salinity of tidal receiving waters; (iii) thermal impacts to receiving waters; (iv) effects of introducing
stonnwater runoff to receiving waters that have low dissolved oxygen concentrations; and (v) other
potential water quality impacts as may be identified by CRMC staff.
8. Applicants for single-family residential dwellings and accessory structures shall treat the stormwater
runoff water quality volume (WQ,) from all new iHlfler'liees ser!aees eEtHal te erbuilding rooftops
greater than twe ImRarea (2gg)six (600) hundred square feet in size and any new impervious driveways
and parking areas, regardless of size, as indicated in (a) and (b) below. All dwelling and accessmy
structure rooftop expansions constructed within a 12-month period shall be counted towards the 600
square foot threshold. Once the 600 square foot threshold is exceeded, stormwater management must be
provided for all rooftop expansions constructed with that 12-month period. Applicants for single-family
dwelling projects may use the design guidance and perfonnance criteria in the Rhode Island Stormwater
Design and Installation Standards Manual or equivalent guidance as approved by the CRMC.
Applicants for single-family dwellings and accessory structures on CRMC-designated barriers shall
manage stormwater runoff as provided in (c) below. Pretreatment of stormwater runoff is not Resessary
required for single-family residential applications.
(a) Stormwater runoff from rooftops shall be treated and managed with one or more as needed of the
following methods:
(I) Diseannaet eaeh aawns!law ta a E1lialiJ:,'ing !lel'Vielis area (QPA) with a maldmlim ef lQQQ
SEiliare feet ef eefllrU'Iwiag reefte!l area !ler QPA in aeeeraaRae with the RI stermwater maRlial
aesign eriteriaDirect downspouts to an infiltration trench;
(2) Direct downspouts to a rain garden(s) leeatea a ffiiniffilim ef 23 feet Fem an;' ansite wastewater
treatment system; or
(3) Direct down spouts to an infiltration drywelL
(b) Stonnwater runoff from impervious driveways and parking areas shall be treated by one or more
as needed of the following methods:
(I) Infiltration trench;
(2) Vegetated swale;
(3) Rain garden leeatea a minimlim ef23 feet [rem fla;' ansite wastewater treatmefll system or;
(4) Pervious surface construction (e,g., pervious asphalt and pervious concrete using the RI
stonnwater manual design criteria. and paver block systems),teI'
(3) Sheet flew effHneffte E1lialifying !lel'\'ielis areas (QPA) lising the RI stermwater manlial aesign
eriteria,
(c) Applicants for single-family dwellings and accessory structures located on CRMC-designated
barriers shall manage stonnwater runoff as follows:
(]) Runoff from rooftops shall be directed onto vegetated areas surrounding the dwelling or
accessory structure; and
(2) Construction of driveway and parking surfaces shall be limited to crushed stone, crushed shell,
open plastic grid systems filled with sand, gravel or vegetation, or allY combination of the
preceding. to prevent damage to other prope11ies during major storm events, Stonnwater runoff
shall be directed by non-erosive sheet flow onto vegetated areas along side the driveway or
parking area,
9, New or enlarged stormwater discharges to salt marshes and well flushed tidal channels within high
marshes shall only be pennitted when the applicant can clearly demonstrate that no reasonable
alternatives exist (e,g, , no other discharge locations having a gravity flow outlet are available and
impervious surfaces have been kept to an absolute minimum) and when no adverse impacts to the salt
marsh will result. In these instances, the applicant shall meet all applicable standards contained in the
most recent version ofthe Rhode Island Stormwater Design and Installation Standards Manual, This
standard does not apply to low salt marsh environments with an average width along the property of less
than 35 feet.
10, Stonnwater open drainage and pipe conveyance systems must be designed to provide adequate passage
for flows leading to, from, and through stonnwater management facilities for at least the 10-year, 24-
hour Type III storm event. Applicants may not be required to control post-development peak discharge
rates at pre-development peak discharge rates provided the project design provides for non-erosive
stonnwater discharges to tidal waters,
II, Applicants may be required to submit a pollutant loading analysis to demonstrate that a proposed project
will not unduly contribute to, or cause, water resource degradation when such projects are located in
sensitive coastal resource areas, When a pollutant loading analysis is required, the applicant shall use
the method detailed in Appendix H ofthe most recent version of the Rhode Island Stormwater Design
and Installation Standards Manual, If the Council determines that any proposed stonnwater discharge
will result in an unacceptable discharge of pollutants to the tidal waters of Rhode Island, the Council
shall require the applicant to mitigate the pollutant loads to acceptable levels using the practices detailed
in the stonnwater manuaL Frequently, this can be accomplished using these practices in series to
achieve higher pollutant removal efficiencies,
12, The use of proprietary hydrodynamic (swirl) separator or filter devices shall be limited to pre-treatment
applications only, unless the device has met the requirements of the Technology Assessment Protocol
(TAP) as detailed in the most recent version of the Rhode Island Stormwater Design and Installation
Standards Manual. The CRMC may, however, approve such devices in situations where end-of-pipe
retrofit solutions are the oniy alternative available when site constraints limit the use of standard low
impact development methods for the treatment and management of stOl1nwater runoff. In such
circumstances, however, the use of such proprietary devices shall conform to the standards and
performance criteria set forth in the most recent version of the Rhode Island Stormwater Design and
Installation Standards Manual to the maximum extent practicable.
13 . For outfalls:
(a) Work on outfalls, drainage chal1l1els, etc., shall proceed from the shoreline toward the upland in
order that no unfinished or un-stabilized lower chal1l1el portions be subjected to erosion-producing
velocities from upstream. If this calmot be accomplished, all flow shall be diverted from the
unfinished areas until stabilization is completed.
(b) Where possible, outfall pipe slopes shall be designed for an exit velocity of less than 5 feet per
second.
(c) Screens or grates shall be placed over the end of large outfalls to trap debrIs.
(d) Beaches or other coastal features in front of outfalls shall be returned to original grade.
(e) Riprap placed on beaches shall not increase the grade of the beach higher than one foot in order to
maintain lateral access below mean high water.
(t) Riprap shall be compact, hard, durable, angular stone, with an approximate unit weight of 165
lbs.lcubic foot.
(g) Riprap shall be placed with an adequate bedding of crushed rock or other suitable filtering material.
14. Applicants with pI'ojects subject to the stormwater management provisions herein shall submit the
following information:
(a) New or modified single-family dwelling projects shall submit the following:
(1) 8.5 x 1I inch site plan depicting the location of all structural stOl1nwater (LID or otherwise)
components; and
(2) Operation & Maintenance Plan consistent with CRMC guidance to ensure long-term
maintenance and operation ofthe stormwater structural practice(s) on the site.
(b) All other projects
(1) 8.5 x 11 inch site plan depicting the location of all structural stOl1TIwater (LID or otherwise)
components;
(2) Operation & Maintenance Plan that meets the specifications detailed in the most recent version
of the Rhode Island Stormwater Design and Installation Standards Manual; and
(3) Following completion ofthe approved project, a post-construction certification by a Rhode
Island registered P.E. and Rhode Island registered Landscape Architect, where required,
demonstrating that all stormwater structures, LID components, and requisite planting materials
necessary for the function of the stOl1nwater management system were installed in accordance
with the approved permit, specifications and approved site plans.
Purpose: To make revisions that reflect implementation measures ofthe recently-adopted

state stormwater manual.
Proposed amendments to Metro Bay Region SAMP Urban Coastal Greenways
Page 6 - revise Figure 3 as follows:

Figure 1. Decision Tree for Residential Zone and Area of Particular Concern Zoue.
RESIDENTIAL ZONE REQUIREMENTS:
Option 1: RlCRMP Requirements

(Appendix 1)
Section 160.
Residential Zone
Option 2: Dca Development Zone

Requirements
AREA OF PARTICULAR CONCERN ZONE REQUIREMENTS:
Option 1: Standard Buffer Width

• Category A Application
• Buffer width detennined by Appendix 2 in UCG Policy. + 25' construction setback
• Buffer composed of natural vegetation using native species
• Buffer to remain undisturbed. Buffer management only with CRMC approval
I • Project must meet ~ stonnwater requirements and 15% vegetative cover
Section 170. • Applicant should provide public access in accordance with RlCRMP Section 335
Area of Particular
Concern Zone
Option 2: Variance Reqnest to Reduce Buffer Width
• Category B Application
• Must follow Variance procedure in Section 210 ofUCG Policy
• Ifvariance request is approved, buffer width may be reduced up to fifty per cent (50%) of the
required buffer width as detennined by Appendix 2 in uca Policy, but not less than 25-feet.
25-foot setback still required. Applicant must also compensate for any reduction in buffer
width, as described in Section 230 ofUCG Policy
• Project must meet -lGG% stonnwater requirements and 15% vegetative cover
• Applicant should provide public access in accordance with RlCRMP Section 335
• Buffer composed of natural vegetation using native species
• Buffer to remain undisturbed. Buffer management only with CRMC approval
Pa"e 7 - revise Filmre 4 as follows:
Fignre 2. Decision Tree for Iuner Harbor and Riyer Zone.
INNER HARBOR AND RIVER ZONE REQUIREMENTS:

In those cases where an applicant chooses to meet the standard setback and buffer requirements ofRICRMP
Sections 140 and 150 rather than one of the DCa options below, applicants must still comply with the 15%
vegetative cover and .wll% stonnwater management standards in Dca Section 150.1.
Option A: Standard Urban Coastal Greenway.

• Category A application
Option A: Public
Access
Infrastructure
Exists between
-- •
•
•
•
•
20 foot DCa + construction setback
Must meet standards within UCO Sections 150 and
200-250
15% vegetation ofentire development site
-l-OO%-stonnwater management
Primary public access requirement waived, secondary access
HI... , u'"' fVa~v....u u Ul ••-........ :".. ~ w· ta-il1l il.l.;"'t:S::; is uct:::;l;au
Option B-1: Standard Urban Coastal Greenway.

Sectio 180. • 50 foot Dca + construction setback
Inner Harbor
nncl R·ver Zone
• Must meet all standards within UCG Sections 150
and 200-250
• 15% vegetation ofentire development ·site
• -l-OO-%-stormwater management
• PuhHc access stromrlv encouraged
Option B-2: Compact Urban Coastal Greenway.

Option B: Public • Category A application
. Access • 20 foot UCG + construction setback
~
Infrastructure • Applicant must compensate for any reduction in UCG
Does Not Exist width, as described in Section 230 ofUCO Policy
• Must meet all standards within UCG Sections 150 and
200·250
• 15% vegetation ofentire development site
• Twice the public access specified in UCO Section 150.5
• +OO%-stonnwater management
Option C: Capital Center District

• UCG may be r~duced up to 25% (15 foot minimum)
in accordance with Capital Center MOU
Option C: Capital ~ • Applicant must compensate for any reduction in
Center District uca width, as descrihed in Section 230 ofUCa
Policy
• Must meet standards within UCG Sections 150 and
200-250
• 15% vegetation ofentire development site
• ~stonnwater management
Page 8 - revise Figure 5 as follows:
Figure 3. Decision Tree for Development Zone.
DEVELOPMENT ZONE REQUIREMENTS:
Option 1: Standard Buffer Width
• Buffer width determined by Appendix 2 in UCG Policy + 25' construction setback
• Buffer composed ofllatural vegetation using native species
• Buffer to remain undisturbed. Buffer management only with approval ofCRMC
• Variances to buffer width are not pennissible under this option
• Project must meet .J..GG%-stonnwater requirements and 15% vegetative cover
• Applicant should provide public access in accordance with RICRMP Section 335
•
Option 2; Standard Urban CoastatGreenway Width (100 feet)

• 100 foot UCG + construction setback
• Must meet all standards within UCG Sections 150 and 200~250
• Project must meet -l-QG%-stormwater requirements and 15% vegetative cover
• Applicant must provide either public access (2a) or mitigation (2b)
Public Access Option 2a: Mitigation Option 2b:

Section 190. Public Access provided in Mitigation provided in
Development accordance with UCG accordance with UCG
Zone Section 150.5 Section 200*
Option 3: Compact Urban Coastal Greenway Width (50 feet)

• Compact 50~foot DCG + construction setback. Applicant must compensate for reduction in UCG area in
accordance with UCG Section 230
• Must meet all standards within DCa Sections 150 and 200-250
• Project must meet-1OO-%-stonnwater requirements and 15% vegetative cover
• Applicant must provide either public access or mitigation (See Options 2a and 2b)
I
t ~
I Public Access Option
I I Mitigation Option '"
I
Option 4; Small Lot Exception
• "Small Lot" is a lot with a depth of<300 feet located within a Development Zone
• Minimum 2S foot compact UCG + construction setback
• Applicant must compensate for reduction in UCG area in accordance with UCG Section 230
• Must meet all standards within UCG Sections 150 and 200~250
• Public access requirements may be waived
• Project must meet -1OO-%-sto water requirements and 15% vegetative cover
* - Mitigation: coastal wetland restoration projects require a separate Category B application

Page 12-revise 130.l(d) as follows:
(d) At minimum, all applicants shall adhere to the Council's requirements for setbacks and buffers as specified
RICRMP Sections 140 and 150 and must meet the 15% minimum vegetative cover and llllJ.%-stonllwater
management requirements specified in uca Section 150. An applicant, however, may select to use the Urban
Coastal Greenway options, as specified herein.
Page 16 - revise 150.1 (a) as follows:
(a) Stonllwater Management: All new development and redevelopment proposals shall meet the stormwater
requirement§ af H)Q% an site managamsRt afstarmwater as relJololireel ay in RICRMP Section 300.6; and as
specified in the most recent edition of the Rhode Island Stormwater Design and Installation StandardS Manualj
to control peak flow rates and volumes, maximize infiltration of runoff, and improve water quality. Applicants
shall incorporate LID techniques such as filter strips, vegetated swales, vegetated detention ponds,
bioretention areas, stormwater infiltration planters, green roofs, etc. to the maximum extent practicable.
Pe11lleable paving materials, vegetated buffers, and infiltration techniques should be used where ever feasible
and desirable to support infiltration and groundwater recharge. If site conditions and/or other regulatory
constraints do not allow these practices, appropriate non-vegetative st011llwater treatment technologies (i.e.,
proprietary devices) may be pennitted on a case-by-case basis. Applicants shall coordinate their stonllwater
management strategy with the RICRMC, RIDEM, and the municipality ofjurisdiction. CRMC and DEM will
coordinate for compliance with any required DEM Water Quality Certification or RlPDES penllits.
Furthe11llore, proprietary stonllwater management technologies shall be maintained and monitored in
accordance with UCG Section 250.
Page 22 - revise 150.6(a)as follows:
(a) The RICRMC eneallrages requires the use of low impact development (LID) techniques, as described in the
Urban Coastal Greenway Design Manual (in \3re\3aratian) and the most recent version ofthe RI Stormwater
Design and Installation Standards Manual, that distribute infiltration methods throughout the development site
to the maximum extent practicable. These LID techniques may include, but are not limited to:
Page 22 - delete I50.6(b) "in entirety and re-Ietter existing subsections (c) through (f):
(a) Priar ta an 8fl\3lieatian aeing sllbmitteel ta the CReMC, the \3rajeet site \3lans mllst ae r6'lieweel ay a \3ersan
having the a\3\3lieaale LID Master gesiga Certifieatian inelieating that saiel \3lans ineaFflarate LID teehnilJolles ta
the mlHdmllm e"tent \3raetieaale anel in aeearelanee with the UFb<lll Ce<lst<l! Greeliw<I}' Desigll Man""l. (}Iate:
This relJolliremeRt will ae im\3lemeRteel when the LID Master Design eertifieatian \3raeess is estaalisheel.)
Page 22 - revise existing 150.6(c) as follows;
(c) Untreated stormwater runoff shall not drain directly into coastal waters. Runoff shall be detained and slowly
released through the use of best management practices (BMPst, as alltlineel in the "b'rb<lll Ce<lSM G1'eeliw<lY
Design Manu<l! (in \3re\3aratian). Projects shall meet the st011llwater management requirement§ of IGQ% an site
managemeRt af sta_water as relJollirea ay RICRMP Section 300.6; and as s\3eeifiea in the most recent edition of
the Rhode Islalld Stormwater Design and Installation Standards Manual, to control peak flow rates and
volumes, maximize infiltration of runoff, improve water quality, and discharge non-erosively to tidal waters.
Applicants shall incorporate LID techniques such as filter strips, vegetated swales, bioretention areas,
st011llwater infiltration planters, green roofs, etc. to the maximum extent practicable. LID techniques may be
located with the UCG provided they are well landscaped and create a public amenity within the UCG.
Page 27 - revise 170.2(d) as follows:
(d) Projects under either option must meet the 15% minimum vegetative cover and MQ% stonllwater
management requirements.
Page 29 - revise 180.4 Standards as follows:
The m1\iority of parcels located within the Inner Harbor and River Zone are separated from the coastal feature by
an existing public roadway or sidewalk system. In some pOltions of the IHR Zone, there are no public roadways
or sidewalks along the river (e.g., the area west of Hemlock Street). Accordingly, project options will be
detennined by the proximity and existence of public roadways and sidewalks, as follows below. Applicants have
the option of having projects reviewed under and adhering to the setback and buffer requirements set forth in
RICRMP Sections 140 and ISO in lieu of the other UCG options below. Nevertheless, in such cases applicants
must still comply with the 15% vegetative cover and -!-OO%-stonnwater management standards in UCG Section
150.I.Projects located within the Capital Center District will be subject to Option C.
Page 30 revise Option A as follows:
(b) The standard Urban Coastal Greenway width within the hiller Harbor and River Zone under Option A
shall be twenty (20) feet. If the distance between the inland edge of the coastal feature and the lot line is
greater than twenty (20) feet, the applicant must still satisfy the 15% vegetation and -!-OO%-stormwater
requirements described in UCG Section 150.1, and any other applicable RICRMP requirements.
Page 32 revise Option C as follows:
(d) All of the other UCG requirements specified in UCG Sections ISO and 200 to 250 shall apply to the
project. This includes -!-OO%-stonnwater management and 15% vegetative cover requirements specified in
UCG Section ISO and compensation in accordance with UCG Section 230 for any reduction from the 20-
foot standard UCG width.
Page 33 revise 190.3 as follows:
All development proposals within the Development Zone that completely meet the requirements under one of
the options below (Options 1-4) will be processed as Category A applications in accordance with the RICRMP
provided there are no substantive objections during the IS-day public notice period. Applicants have the option
of having projects reviewed under and adhering to the setback and buffer requirements set forth in RICRMP
Sections 140 and ISO in lieu of the other options offered below. Regardless of the option selected, however,
applicants mUst still comply with the 15% vegetative cover and -!-OO%-stonnwater management standards in
UCG Section 150.1.
Page 38 revise 220. I(c) and 220.2(e) as follows:
(c) It is therefore the policy of the RICRMC to require the maximum UCG width practicable within
brownfield sites while allowing for flexibility in the implementation of the UCG on these sites, based upon
the applicant meeting the criteria defined in UCG Section ISO, above for vegetation targets, stonnwater
treatment and public access. See the Urban Coastal Greenway Design Manual (ia ]3Fe]3aratiea) for
recommended approaches to stonnwater treatment and habitat improvement in brownfield sites.
(e) It is therefore the policy of the RICRMC to require the maximum UCG width practicable within
brownfield sites while allowing for flexibility in the implementation of the UCG on these sites, based upon
the applicant meeting the criteria defined in UCG Section ISO, above for vegetation targets, stOlmwater
treatment and public access. See the Urban Coastal Greenway Design Manual (iR ]3F6]3aratien) for
recommended approaches to stonnwater treatment and habitat improvement in brownfield sites.
Page 40 revise 230 as follows:
Compensation is required whenever an applicant reduces an Urban Coastal Greenway from the standard UCG
width for the applicable zone, or requests a variance under the UCG Regulations. In addition, the applicant must
still meet the general UCG requirements regarding shoreline features, vegetation targets, public access, and
minimum width (as listed in UCG Sections 150.3 to 150.8). Similarly, the 15% vegetation requirement and the
I GG% OR site stormwater management requirements for the development sites must be met (UCG Section
150.1), regardless of whether or not compensation options are utilized.
Page 42 - revise 240.2 as follows:
240.2 All alterations within established Urban Coastal Greenways or alterations to natural vegetation (i.e., areas
not presently maintained in a landscaped condition as of the effective date of this policy) within the Council's
jurisdiction may be required to submit an Urban Coastal Greenway Management Plan for the Council's approval
that is in compliance with the requirements of this section and the Council's most recent edition of the Urban
Coastal Greenway Design Manual (in prep8ffitiaR). Urban Coastal Greenway Management Plans shall include a
description of all proposed alterations and methods of avoiding problem areas such as the proper placement and
maintenance of pathways. Applicants should consult the Council's most recent edition of Urban Coastal
Greenway Design Manual (ill preparaliall) when preparing an Urban Coastal Greenway Management Plan.
Page 43 - revise 2250 in it's entiretv as follows:
250.1 The RICRMC encourages the use of effective, innovative techniques to achieve runoff reduction,
pollutant abatement. and hazard mitigation. Accordingly, experimental technologies to achieve these goals may
be implemented within the Urban Coastal Greenway, at the·discretion of the Council.Prier ta illstallatian af ~.
el!perinlElRlai stel'llW/ater trealmeRl praetiee, a CReMC appraYealHallitaring plaB is re~irea that aetails
metheas, timillg, altrielites ta ee assessea, aRa aeeeptable yalHeS afmeflitarea attrieHtes.
. 250.2 The RI~4C eHeeHrages the Hse ef effeetiYe, iRfle'lali'/e teeHni€jHes ta aehi6'/e rHneffreaHelien,
pallHtaRt abatemeHt, aRa h_a mitigalien. Aeeeraingly, elEparimeRtal teelmalagies ta aehi6'le these gaa's may
ee impl_eRlea withifl the DreaR Caastal Greeflway, at the aiseretiafl afthe CaHfleil. New proprietary
stormwater treatment technologies may be used provided they are approved pursuant to the Technology
Assessment Protocol (TAP) for Innovative and Emerging Technologies as detailed in the most recent version of
the Rl Stormwater Design and Installation Standards Manual.
250.3 If the re~iree! meflitariflg e!emanstrales thal aeeeptable '1a1Hes aflhe maflitaree! altrieHtes are flat
aehie'lee!proprietary stonnwater treatment device fails, retrofit or repair must commence immediately.
Provisions shall be made on the development site ana aiseHssee! within the appre'lee! meflital'ing plafl to insure
that a proven treatment practice can be accommodated and inserted on-site if an innovative technology fails.
250.4 It will be the responsibility of the property owner (or the appropriate surrogate, such as a homeowners'
association) to ensure the maflitariflg af the effeeti\'enessinspection and maintenance of these experimental
technologies on a regular basis, as approved by the RICRMC. The praperty eymer, ar their ageRl, is re€jHirea ta
repart Ie the CaHneil all the SHeeess ar fuilHre af 8fl)' el!perimeRlai efferts ifl aR allflHal repert ta ee aell'lerea ey
Deeemeer 31" af eaeh year after the teelmalagy was installee! fer a pariae! af Rye years fer flefl strHetHral
measHres/teehflalagies afle! fer tell )'ears fer strHemral measHres ar leeMolagies aRa mare aftefl fellawiHg
weather relalee! events thal waHla test the aesiga iimits efsHeh measHres/teeMalagies (sHeh as thase e'leflts
elassifiee! as hHrrieaRes, aRe! Sg aHalgg year ste"", 6'lems).
PUipose: To make revisions within the UCG policies that reflect implementation measures ofthe
recently-adopted state stormwater manual.
The Council has complied with the requirements ofR.!. Gen, Laws Section 42-35-3 by considering
alternative approaches to the proposed regulation(s) and has determined that there is/are no altel'l1ative
approach(es) that would be as effective and less burdensome. The Council has also determined that the
proposed regulation(s) do(es) not overlap 01' duplicate any other stllte regulation. The Council has
Parties interested in or concerned with the above proposed changes are invited to submit
writteu comments by March 30, 2011. All such comments should be directed to Grover J. Fugate,
Execntive Director, at the above address.
A public hearing has been schednled for these proposed changes to be on Tuesday, April 12,
2011 at 6:00 p.m. at the Administration Building, Conference Room A, One Capitol Hill, Providence.
Copies of the proposed regulations are also available from the Coastal Resources Management
Individuals requesting interpreter services for the hearing impaired must notify the Council office
at 783-3370,72 hours in advance of the hearing date.
Signed this 28 th day of February, 2011.
Jeffi e Willis, Deputy Director

Coa Re ources Management Council
flam
March 7, 2011 i:
i _. 8 ?CYi1
Timothy C. Cavazza, Esq.
Rachael M.Cavazza
31 Almy Street
Newport, RI 02840
City of Newport, City Council

c/o: Kathleen Silvia, Newport City Clerk
43 Broadway
Newport, RI 02840
Re: Notice of Claim - Tree Damage to 31 Almy Street
To the Honorable City Council of the City of Newport:
My name is Timothy Cavazza, and my wife Rachael and I own a home and reside at 31 Almy Street,
Newport, RI. On March 13, 2010 a tree located on City property abutting Kyle Terrace fell on our
property doing extensive damage to our home, deck, fence, garage and personal property. When the
tree hit our house, it also opened up a large hole in our roof allowing rainwater to pour into our kitchen,
which caused extensive damage to our interior ceiling, walls, floor, countertop, cabinets, and personal
property.
A few weeks before the tree fell on our property, the Newport Tree Warden, Mr. Scott Wheeler,
stopped by our home and informed us that this particular tree was thoroughly rotten and, thus, likely to
fall due to its condition. He also indicated that his office had received several complaints regarding the
rotten tree from neighbors who feared the tree would fall on their property. We have since confirmed
these complaints to be true from our neighbors and others who put the City on notice of the tree's
dangerous condition Several months prior to its falling. At that meeting, Mr. Wheeler assured me that
the City would promptly remove the tree due to its weakened condition and its close proximity to our
home. Unfortunately, however, that did not happen.
After the tree fell, it took the City less than two days to completely remove it. The City workers were
courteous and efficient. At the time the City was removing the tree, Mr. Wheeler was extremely
apologetic and assured us that the City would be replacing our damaged roof, gutters, deck, fence, and
any other property damaged by the tree. It has been almost one year, however, and the City has yet to
make good on its promise. During this time, we have fixed the roof, and we have been obtaining quotes
and estimates to fix and/or replace the remainder of our damaged property.
Enclosed, please find a detailed list of our damaged property and the estimated replacement cost, as
determined from our quotes, estimates, etc. Please provide us with a check in the amount of
$11,528.97 (Eleven-thousand, five-hundred, twenty-eight dollars and ninety-seven cents) to reimburse
us for our loss. As you can see, we are not at this time requesting any reimbursement for the extensive
water damage done to the interior of our home or for our time and efforts in cleaning and drying our
Page 10f2
kitchen. We are simply asking the City to reimburse us for the enumerated items so that we can repair
and/or replace them and finally move on with our lives.
Please let this serve as a notice of claim or demand against the City in accordance with Section 45-15-5
of the Rhode Island General Laws.
Thank you in advance for your immediate attention to this matter. Please feel free to contact me at
508-414-5895 if you should have any questions or concerns.
Very truly yours,
v47~etf??
Timothy C. Cavazza, Esq.
Enclosure
CC: Newport City Manager, Edward Lavallee
Page 20f2
Tree Loss List
Timothy and Rachael Cavazza, 31 Almy Street, Newport RI 02840 Phone: 508.414.5895 Email: tcavazza@gmall.com
Last printed 6/5/2007 10.54 A
PAGE 10f2 CITY OF NEWPORT, R!HrODE ISLAND
Dec. 1, "Nov. 30, _
VKCTUALING LICENSE All'JPLICA nON
TO THE HONORABLE COUNCIL: J!)JA 'fE:
LICENSED PREMISES 1:3 VJ~ ~ PAAJ~ ST

A/v ~ J:.. oz...&4o
OWNER (LLCJ
Corporation): I
IPS t-.;4'-G'S
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Owner Address[ 3d <"fd?t ? L , 4 c . . e - 1

City It,}1tfLt,.v~ IState 11Zt. l~iPI O"U,tJ" I
Owner Phone 1401-5'7$-1.931 IBusiness Phone: 14<Jt-$jS-J~'1l
Mailing Address (choose one): (a) Business Location,@OwnershipAddress, or (c) Other (specify below)
I.License Number: CLASS: ILitter Rating from I

- - - - - - - - - - - - - - - - - - - - . City C l e r k _ - , . -l
DURATION: [k-pA-l-. I(Annual is DEC 1 tbm NOV 30) or if Seasonal (list dates): I- - - - - - - -
Estimated monetary I ~ tC'0 (1'0. I
lilvestment Involved: ~.=-..I>==V==I=========:::;.
Hours of Operation:" ·1 . I . .' .
Do you have Extended Hours of Operation (i.e. 2:00 am till 6:00 am)? ~ if yes, specify extended hours and days:
Hours: I __ Days: I I __
------------
Is liquor license application being submitted by the applicant? ~ or will it be in the future? 0"
• . • • . bO • • • • • '" ~
DescnptlOn and/or rendenng of archItecture to be used (if changing).INITIAL8: : Attached? (YES?No) : :

"' •••••• 0 \.00.00.
TE BELOW TIHIS LINE - - - - - - - - - - - - - - - - - - - - - - - - - -
icenseFee: I tvf/t·· IDatePaid: 1 _
Approved by Council _ Disapproved by Council _
Issued by Date _
)':",W>:'..b EdilingWIT2007A.pplklltii.lli.doc
Last printed 6/512007 l 0:54 j
PAGE 2 of 2 Victualing License Apphca/lon D, c 1. 10 Nov 30,
Owner / 09 '-'Tc..,l:""~
DBA: MlJo~I","'.r --p.,(3 _ .........
LocationB W .."'fii .M~f.,l(l.CU''Y'i1 A!,;wP-/U 1Z~ O-z.,f)'''\O
U NEW establishment -or- if NOT already "on-file", PLANS must be provided/.

If new establishment, provide detailed Site Plan showing entire premises, interior, exterior, seating capacity, dumpster
location, and parking area.
00 a 0 . 0 . '• • 'I.. : 0 0 o. a 0 •••••••• 0 •••• D " 0 0 · 0 . 0 0 • • • • • • D.O 0 D • • • D DO. '"
Plans attached or on-file (YES or NO): D

: : & SIgnature::• :•
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: •••••••• : ~ • • • DO.D • • • • • • D.D • • D • • • • • • • • DDD • • • D.DD • • D • • • • • O • • D • • • • D • • • • :
Current Seating:
Parking
Available? D Parking
Location? l---=sn=-,,-if,E~~t"'J,-=-I - .J1 ~fu:;.~:r 0
Garbage Disposal: Dumpster? IT] Trash Receptacles? D
Location: I SXtAr A~'f
Type/Odor Prevention:
~pg~'8UATI{
Weight per pickup:
Number of Cans: I=========~

12-
PRIVATE piCK1JP?[Y6:J By Whom? IAUJ:'&A:> tJ AS1i~c:=-"'
..............
_
INITIAL to acknowledge receipt ofLitter/Trash Info (if new) ])A1lEi··························
':..0 ••••••••• ~ • • • • • O • • • • • • D • • • • • DDD • • DDD
Type of
BUSINESS:
Your signature below indicates that you have reviewed the information on this two page form and agree that it
is correct. Any change will require at a new application be filed with the City Clerk's office.
Signature of ])ate: 1":s.hll·l·············1

DDDD.D." .... DD • • • • DDD . . . . ~ .. .I'
Applicant:
Phone #:
Print Name:
Y:"W\:h Edilillg"VIT2007Appli..:l.uiO!l.doc
MUDVILLE PUB
~I'-------36'- 6" - - - - - - - - - - - - -
~ D D
DD DD
BOOTH BOOTH
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- DD DD
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OUTDOOR PATIO
10'- 0"
25' - 3"
Stephen J. Waluk, Mayor
& Honorable Council Members
Newport City Hall
43 Broadway
Newport, RI 02840
RE: Installation ofBuried Utility Lines along Shoulder to Replace Existing

Overhead Lines between Gooseberry Beach and Carroll Avenue
Dear Mr. Mayor and Members of the Council:
This office represents Verbena, LLC. Phillip and Patricia Bilden are the members of
Verbena, LLC, which is the owner of 155 Ocean Avenue, Plat 41, Lot 325.
In 2008, with the assistance of some of their neighbors, the Bildens spearheaded the cost
ofthe instillation of buried utility lines along the Ocean Avenue road shoulder,
replacing the existing overhead lines between Gooseberry Beach and Hazard's Road.
The last remaining strand of overhead utilities lies on Ocean Avenue now between
Gooseberry Beach and Carroll Avenue. In coordination with the Aquidneck Land Trust
and National Grid, the Bildens now request to remove these overhead utility lines and
bury same in the shoulder ofthe highway, thereby removing the existing overhead lines.
As the installation of the buried utility lines runs along Ocean Avenue, the necessary
maintenance application to CRMC must be initiated by the City of Newport. In 2008,
my office prepared the necessary paperwork, plans, and requirements for the submission
ofa maintenance application. The Solicitor's Office reviewed same and, with your
approval, Mr. Lavallee signed the application. I have spoken with CRMC staff and
have been directed to file a maintenance application for this proposed work between
Gooseberry Beach and Carroll Avenue.
The purpose of this letter is to request your authority to allow me to prepare the
appropriate approval for review by the Solicitor's Office and signature by Mr. Lavallee
and submit same to CRMC. I understand your staffis aware of this project and
endorses same. All appropriate permits will be secured from City departments when the
removal of the overhead lines and installation of the buried lines is sought.
122 TOURO STREET NEWPORT, RHODE ISLAND 02.840-2967 TEL 4°1-847-75°0 FAX 401-848-5854 E-MAIL attorney@millerscott.com
Mayor & Council
March 8, 2011
Page 2
Thank you very much for your consideration in this matter.
With best wishes, I remain
Cordially yours,
MILLER SCOTT & HOLBROOK
/
Turner C. Scott
8149111
via First Class Mail
S:IKRoweIOOO 1-999910 109.wpd

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CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No. _
WHEREAS, a pilot project was developed in 2001 for

improvements to Lower Thames Street, between
Memorial Boulevard West and Ann Street, with
funding to be provided by the Rhode Island
Department of Transportation; and
WHEREAS, in order to move the Lower Thames Street

Enhancement Pilot Project forward it would be
beneficial to establish a working group to
evaluate the designs completed to date, provide
updates as necessary, and solicit input from the
public; and
WHEREAS, it shall be the goal of the City that the project

construction begin in early spring of 2012, and
ensuring beforehand the coordination of all
utility work and development of a construction
mitigation plan. NOW, THEREFORE, BE IT
RESOLVED: that the Council hereby establishes the Lower

Thames Enhancement Pilot Project (LTEPP)Working
Group and shall immediately solicit, for official
appointment at the April 27, 2011, council
meeting, a total of five to eight representatives
selected from Newport residents, businesses, a
Newport historic preservation group, city staff,
and a Council liaison.
NAOMI NEVILLE
STEPHEN C. WALUK
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
Communication # 4807/11
Docket Date: March 9, 2011
CitYd'fNewport
··B~.QP~~T . ··.:JFQ~.·~lt¥/·~'QitTN~J~ . ~~.W~QN· . .
",' '_", -', ,',', _" .".',.' ' . ' ••• , . , " ", _ " ' , " , _ ' - '• • e _.',.-.,_ , .
To: MayQrSt~PbtnC.Wahlk&~embe~·~ftheCityCouncil
From: ,~.d.w. .a.. d.. Ii\L.. ~vaJlee, CftyManllger <: W~r""Y
r.
Date: l\iarch 1 , 2 0 1 . 1 · (} .
S,tbJect: Implefuenta.tipnofResidentialStickerParking - Washington Street, between
Marsh and Poplar Streets ~24 hours/day
Applicant Presentation:
StMfPteserttatlon:
REcoMMENDATION:
Asthepetition for residential sticker parking meetsthe requitementof aminimum of 51 % of the re~ide~t households, it
is recommended. that the attached qrdinahc¢ amendment be adopted. oufirst reading at.the· March 9, 20 II meeting. If
approvedonsecohdreading anhe:: March 23, 2011meeting, sticker parking would then become effective24 hours a day,
May 1 throl,lghSeptemberJO, once the apprClpriate ~igns havebeeninstaUed.
BACKGROUND AN)) FIND1NGS:

. .
On J41le 30,.20 10, a petition (romt,he resiq~nts .of Wa~hington·Street! between Matsh Strel;\llludPoplarStreet was
receiy~drequesting .the ihlPleI)1~mationofr~sidenliaisticke::r'l'arkiilg 24 hours ad~Y,. Thepetitl?nWils forwarde~ to· the
Erifih~erin~I)jYisionofthe Pijbl!cSetyices.Dep~rtinent· forrevieVV; . .••. The •J311gineedngpepattnt~nta~yisetl t~(it .• the
. t1uwberofY~l'ift~4sigpature~~jdn,~tnieet the. rni ni rnup1.,5 ~%re9uirel1l,ent. 1'b~Petitiqn""as·#tllrh¢cl tP;the"~PRmitting
. ·residel1t"whosl,l1)se9u~ntlyo?~llin~d;~dditiortafsignatur~8al1d<r¢-~~b1TIi tted,·•• the:: •. ·PetHio.n·.··otrSet>t9)1tberl·l;~OlO for
f4t'tlj~rreY:ie\Y· ..• 1'he;nginee.rillg·b~partlnetltagain .• t~vieW~lithe.·ap~lip!ltion·anddis90vered •. a . disrr~parj9y.·fu"Jij~'~lltbper
ofdWcl;\11ing•units •fofoq~P'ftheproperiie·swllichhas ,.rtoW been resolvedincoordinationwiilltheTa){' AS$e~sOralld
zoni1)~'()ffices .. Accord.i¥jlYlthe~E~.gineedngDivisionhas~<iviSedthatihe nutilher ofresidenthotiSeholqs•. iepreselited
on the petition now exceeds'the minimum 51 %requir~d by Cityorditiance. ..
PREVIOUSLEGIstATIVE ACTION
FISCAL IMPACT
... Currentl)rBudgeted (Account _~~_~~_) ~ Requires additional appropriation ~ No Fi~cal Impact
__
SuppORTING DocUMENTS
Ordioallce. .. .
Petition for Designation of Residential Parking Street dated June 20 10 and September 2010, as re-submitted
Corr~~ponderice from Engineering Division advising that the 51 % minimum requirement has been met
(ifappIicabIe)
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO.
AN ORDINANCE IN AMENDMENT OF TITLE 10 OF THE CODIFIED ORDINANCES

OF THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994, AS
AMENDED, ENTITLED, "VEHICLES AND TRAFFIC."
BE IT ORDAINED by the City of Newport:
SECTION 1. Chapter 10.32 of the Codified Ordinances of the

City of Newport, Revision of 1994, as amended, entitled,
"Residential Parking Program,". is hereby further amended as
follows:
10.32.110 Designated Residential Parking Streets
A. The following streets are designated as residential

parking streets, daily, during the hours of six p.m. to
six a.m.
DELETE: Washington Street.

ADD: "Washington Street, from poplar Street to Sycamore
St. to Cypress St."
C. The following streets shall be designated for resi-

dential parking, daily, twenty-four (24) hours a day:
ADD: "Washington Street, from Marsh Street to

Poplar Street."
SECTION 2. This ordinance shall take effect upon its passage

and all ordinances or parts of ordinances inconsistent
herewith are hereby repealed.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
·ifECEIVED
JlJiV 8 J20m
:;uy Manager'" Of</
~-'""~"'''~_~;''' hG'e
We the undersigned residents of Washington st. are requesting 24 hour sticker parking on
Washington St From Marsh Street To Popular Street
'- f4.~u.IJ~If-ee(
I Flf:CeiVED
SEP, 1 7 2010
City Manager's flu
--
."i/Oll ~
PETITION FOR DESIGNATION OF

RESIDENTIAL PARKING STREET
Signature
Address Print Name
2.
4.
6 ..
7.
10.
11.
12.
13.
14.
15.
16.
17.
18.
AFFIDAVIT
Note: To be filled in by person who secured the signatures on this

petition 'form and to be 'sworn to before a notary public. Failure to do so
renders this form null and void.
under oath
Il~~[~'- .t-L!::.~~'~'~' of~'~~~'L~~~·
affidavit and say that the signers
did so sign same in my presence.
~,
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Subscribed 'and sworn to before me 'this 3 0 7:lD.-' day of--=.:01 ru' c' , . 20-.J.!!.
d0()- cn-c-.' l.AJ,~.1~'<ArltUJ hi."AJOT/-J-J2..y

Nota~y ~ubli~ ~ignature (L:'""-<k- UJal;~LS)
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COTIUnlSSlon explres: 2/31/10 :LD ;:b-'~9fj'-l~

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-----Original Message-----
From: Booth, Allan
Sent: Wednesday, February 16, 2011 4:31 PM
To: Fay, Pat; Finn, Paul; Weston, Guy
Cc: Sciola, Raphe
Subject: RE: Washington Street Sticker Parking Petition - Brian Babcock
Unfortunately, the Vision card only has one spot for # of units. They (Vision) sometimes enter
rooms for Band B, actual residential units or assorted commercial units. Commercial units have
different requirement than residential, and Band B rooms are not living units. Mr. Babcocl< has
a single family home with a variance that allows him to rent 5 rooms. Vision will not modify their
program for Newport. Newport is a small client compared to Washington DC and New York City.
Allan
I
I
Communication #4814/11
City· of Newport
REQUEST FOR CITY COUNCIL ACTION
To: May.or Stephen C. Waluk & Me"tf7s f he City Council
From: Edward F. Lavallee, City Manag
Date: March 15,2011
SUbject: CRMC File No. 2011-01-014 - Application of Gregory Mataronas & Michael
Marchetti - Create a 6.0 acre Aquaculture Farm to Grow Blue Mussels in
Rhode Island Sound
RECOMMENDATION:
It is recommended that the Council direct the Administration to inform CRMC that the City has no objection to the project as
submitted.
BACKGROUND AND FINDINGS:
Attached is a notice from the Coastal Resources Management Council regarding the application of Gregory Mataronas &
Michael Marchetti to create a 6.0 acre Aquaculture Farm to grow blue mussels in Rhode Island Sound.
This application was referred to the Planning Board and the Waterfront Conunission for their comments. CRMC was also
asked to extend the deadline for comments to March 30, 2011 in order to provide Council the opportunity to review the
recommendations of the Pla1U1ing Board and the Waterfront Commission, which are attached.
The Waterfront Conunission has reconunended that the Council not object to the application.
The Planning Board has advised that the application is consistent with the Comprehensive Land Use Plan.
PREVIOUS LEGISLATIVE ACTION
FISCAL IMPACT
_ Currently Budgeted (Account ..J) _ Requires additional appropriation l No Fiscal Impact
SUPPORTING DOCUMENTS
CRMC Application No. 2011-01-014
Letter to CRMC dated February 14, 2011 requesting extension of deadline for comments
Letter from CRMC dated February 16, 2011 granting the extension of deadline for comments
Letter to applicant dated February 14, 2011advising of review by the Waterfront Commission, Planning Board
and City Council
Recommendation of Planning Board dated February 25, 2011
Recommendation of the Waterfront Commission dated March 11, 2011
Finance Dept Review: Date By: (if applicable)
cc: Chairman, Waterfront Commission

Chairman, Planning Board
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
Oliver Stedman Government Center RECEIVED
4808 Tower Hill Road, Wakefield, RI 02879
JAN 26 2011
C\tlI. Manall8r'a Office
PUBLIC NOTICE
File Number: 2011-01-014

---=-'-"-''--'-'::...cc.::-:.- _ Date: January 21, 2011
This office has under consideration the application of:
Gregory Mataronas & Michael Marchetti

265 Long Highway
Little Compton, RI 02837
for a State of Rhode Island Assent to create a 6.0 acre aquaculture farm to grow blue mussels.
Project Location: Rhode Island Sound

City/Town: Newport
Plat/Lot: NA
Waterway: Rhode Island Sound
Plans of the proposed work may be seen at the CRMC office in Wakefield.
In accordance with the Administrative Procedures Act (Chapter 42-35 of the Rhode Island
General Laws) you may request a hearing on this matter.
You are advised that if you have good reason to enter protests against the proposed work it
is your privilege to do so. It is expected that objectors will review the application and plans
thoroughly, visit site of proposed work if necessary, to familiarize themselves with the conditions
and cite what law or laws, if any, would in their opinion be violated by the work proposed.
If you desire to protest, you must attend the scheduled hearing and give sworn testimony. A
notice of the time and place of such hearing will be furnished you as soon as possible after receipt
of your request for hearing. If you desire to request a hearing, to receive consideration, it should be
in writing (with your correct mailing address and e-mail address) and be received at this office on
or before February 21, 2011 .
i
CRMC Aquaculture Application
Gregory Mataronas and Michael Marchetti
12 December 2010
Operational Plan
A commercial viability permit was obtained to determine the feasibility of open-ocean mussel
aquaculture under CRMC FILE No. 2008-11-054. The longlines have been in operation for 12 months and
have demonstrated successful results in terms of excellent growth rates, excellent meat yields, and a
lack of pea crabs. This potential lease site would be an expansion of the commercial viability site located
off Newport.
. A Preliminary Determination Application was submitted with a public hearing held in Newport
on July 21, 2010. A report from the CRMC Aquaculture Coordinator was received within 10 days with the
recommendatiOn that a full Aquaculture Application could be submitted with no major changes.
The lease site was chosen because it is (1) out of busy traffic areas; (2) away from benthic
transition zones where commercial and recreational fishing activities occur; (3) outside of a fish trap
area; and (4) relatively deep while still being protected from Northerly winds (allows for more days that
the lines can be tended). Currently, no commercial fishing takes place directly in the potential lease site.
Some lobster activity takes place along the benthic transition zone to the west of the site. A fish trap is
set to the southwest of the site. These statements regarding traffic, fishing, and other activities are
based on 15 years of commerciallobstering experience in the area.
The farm will consist of 4 mussellonglines that are 600 feet long and spaced 100 feet apart.
Each longline will have 3 headrope markers anda marker on each anchor. The head rope is the portion
of the longline that is suspended in the water column and utilized for actual mussel culture. It will be 25
to 30 feet below the surface. Mussel socks, or mesh tubes filled with mussel seed, will be up to 20 feet
long and hang from the headrope. Socks will be placed 2 feet apart. Seed will be from natural mussel
sets and obtained from sources such as American Mussel Harvesters (AMH) and seed collection ropes
placed at the site. The mussels will be socked on board the vessel or on land using a socking apparatus
that utilizes water flow to push the seed into the socks.
Gear maintenance consists of maintaining proper headrope height by adjusting buoyancy as

needed. As the mussels grow, flotation will be added. Mussels will be harvested by cutting the socks off
the head rope and removing excess buoyancy. Harvested mussels will be sold to mussel processors such
asAMH.
,
/
Written Responses to items in section 300.1
1. Wild harvest of mussels was once a vibrant fishery in RI state waters. The presence of the pea
crabs has since diminished consumer demand for the local product leaving a gap in RI's market
for mussels. A research grant has since demonstrated that growing mussels suspended in the
water column greatly reduces the incidence of pea crabs and produces a high quality product
that is loc'ally cultivated.
2. N/A
3. The adjacent waters are approximately 65 feet in depth and have minimal and occasional fishing
activity. This consists of a floating fish trap and lobster traps being set along a benthic transition
zone to the northwest, west, and southwest of the site. The Sheep Point Artificial reef is located
approximately Y. mile to the north/northeast of the site. Elbow Ledge is located 1 mile to the
east.
4. This site has tidal flow and flushing rates comparable to nearby open ocean areas because of its
distance from the nearest shoreline. Therefore, there, are no anticipated deposits or
accumulations of mussel psuedofeces.
5. The mussel farm has the potential to favorably affect aquatic species that may frequent the area
by providing structure and shelter similar to a suspended artificial reef.
6. Design of the culture apparatuses keeps the head rope suspended a minimum of 25 feet belOW
the surface with minimal flotation on the surface. This allows traffic germane to the area to
safely travel near and over the lease area. Recreational fishing in the area is Virtually non-
existent due to the lack of structure or proximity to land of the proposed lease site.
7. Any impacts on water circulation and turbidity would be minimal and highly localized around the
longlines. Spacing ofthe lines will be large enough that adjacent areas will likely be unaffected.
This area was chosen in part because flushing Is not impeded by proximal land mass and
therefore sedimentation will be greatly reduced and may even be' nonexistent.
8. High water circulation and the fact that mussels are a natural aquatic species found on
structures nearby the proposed lease site mean that there will be no deterioration of water
quality. Mussels are a natural filter feeder and can function in the removal of excess nutrients.
9. The proposed site is not designated as a historically or archaeologically significant area.
10. See question 6.
11. Flotation is kept to a minimum and all floats are less than 12" from the surface of the water
except for 2 "hi-flyers" for each longline. These hi-flyers are 5 to 7 feet high from the surface,
very thin (1.25" diameter), and therefore only visible in close range (1/2 mile or less) or by radar.
I
/
II I.IJ~_LI l..
sa.ron PMd
51
72
Ulde!B 68
15'
Gregory Mataronas A} 41°27.294N. 7r17.230W EASf~WEST;; 440 ft Nearest Inhabited land'" 0.88 miles
Michael Marchetti B) 41"27.294N. 71"1,7.132W NORTH~SOUTH ;; 600 ft Nearest Rock/land =0.70 miles
12/12/2010 G
C) 41"27.197N. 71 17.132W AREA;; 6.0 Acres
D) 41"27.197N, 71"17.230W
::: \+eAD\lOYE-
M t\{l..\<.~\L
(rl.-O AT)
.-+-
c.r
oo
....9
/
.I
High Flyer marking anchor line
Center Pickup Line
" / Comer Marker Buoy
~r"--/ ~~ If ~~--',_/" '--

26 ft
550 Ib anchor ~ Mussel growIng ropes 550 lb anchor

. ZSft
/ ~~tofO.5·
chain +r-I-----tloo.ft. ..
.
- - ."..,<=
...~-
~---------------
"ODft --------...,..-------...-
/
Figure 1. Schematic of a sUbme~ged longline with dimensions for deployment in water

. depths of approximately 7Di ft tz'tmeters) .
CITY OF NEWPORT
CITY MANAGER
Edward F. Lavallee
February 14, 2011
Grover Fugate, Executive Director

Coastal Resources Management Council
Oliver H. Stedman Government Center
Wakefield, RI 02879
Re: CRMC File No.: 2011-01-014

Application of Gregory Mataronas & Michael Marchetti
Aquaculture Farm - Rhode Island Sound
Dear Mr. Fugate:
The City of Newport respectfully requests that the deadline for comments on
the above-referenced CRMC application be extended from February 21, 2011 to
March 30, 2011.
The next meeting of the Planning Board is scheduled for February 24, 2011; and
the next meeting of the Waterfront Commission is scheduled for March 10, 2011.
The first meeting of the City Council following those dates is March 23, 2011
at which time they will receive and consider the comments of the Planning
Board and the Waterfront Commission. The City Council's comments will then be
forwarded to the Coastal Resources Management Council.
Thank you for your consideration of this request. If there is a problem with
granting the extension, please advise my office as soon as possible.
~- Edward F. Lavallee
City Manager
jpaf
By fax: 783-3767
cc: Director of planning, Zoning, Development & Inspection

Harbormaster
Chairman, Planning Board
Chairman, Waterfront Commission
City Hall, 43 Broadway· Newport, Rhode Island 02840

Tel: (401) 845-5430 • Fax: (401) 845-2510 • E-mail: elavallee@cityofnewport.com
STATE OF R:HODE ISLAND AND PROVIDENCE PLANTATIONS
(401) 783-3370
FAx: (401) 783-3767
February 16, 2011
Edward F. Lavallee
City ofNewport City Hall
43 Broadway
Newport, RI 02840
Gregory Mataronas & Michael Marchetti

265 Long Highway
Little Compton, RI
RE: CRMC File No. 2011-01-014 - Request for Public Notice Extension end date.
Site Location: Rhode Island Sound, Newport
Plates): Lot(s):
Dear Mr. Lavallee:
Your request to extend the Public Notice Period End Date from February 21,2011 to March
30,2011 has been granted per Grover J. Fugate, Executive Director of the Coastal Resources
Management Council.
If you require additional information please do not hesitate to contact me. Thank you.
Yours truly,
/0'"
1/; ""'.",d'...,.,j,
7::.;;(,*
Grover J. Fugate, Executive Director
/rhm
CITY OF NEWPORT
CITY MANAGER
Edward F. Lavallee
February 14, 2011
Mr. Gregory Mataronas

Mr. Michael Marchetti
265 Long Highway
Little Compton, RI 02837
RE: Review of your CRMC Application

CRMC File No.: 2011-01-014
Aquaculture Farm - Rhode Island Sound
Dear Applicant:
The City of Newport has received notice for comment from the Coastal
Resources Management Council (CRMC) relative to your pending application.
Please be advised that this matter is being referred to the Planning Board and
to the waterfront Commission for their consideration and recommendations to
the Newport City Council.
The next meeting of the Planning Board is Thursday, February 24, 2011 at
7:00 p.m. and the next meeting of the Waterfront Commission is Thursday, March
10, 2011 at 6: 30 p.m. Both meetings are held at Newport City Hall. The
Planning Board meets in the Council Chamber on the second floor and the
Waterfront Commission meets in the Conference Room, also on the second floor.
It is recommended that you or your representative be present to explain the
application and address any questions or concerns. Upon receipt of the
recommendations from the above advisory boards, the City Council will consider
this application at their regularly scheduled meeting on Wednesday, March 23,
2011 at 6:30 p.m. You may wish to attend the Council meeting as well.
Thank you for your cooperation in attending the above referenced

meetings.
n
'.~cerelY:
~
, •• / <
Z6d{te~
J.
•
1/
/
Edward F. Lavallee
City Manager
/paf
cc: Chairman, Planning Board
Chairman, Waterfront Commission
Director, planning, Zoning, Development & Inspection
Harbormaster
City Hall, 43 Broadway. Newport, Rhode Island 02840

THE CITY OF NEWPORT, RHODE ISLAND - AMERICA'S FIRST RESORT
Planning Board Memorandum
25 February 2011
To: Stephen C. Waluk, 'Mayor and Honorable Council Members
From: Richard Carrubba, Chair, Planning Board
RE: CRMC Application 2011-01-014 - Aquaculture Mussel Farm
At the 24 February 2011 Planning Board Meeting, the Board unanimously found the CRMC application
2011-01-014 establishing an aquaculture mussel farm consistent with the Comprehensive Land Use
Plan.
In particular, the Board found the application consistent with following tenets of the Comprehensive
Land Use Plan:
Element 2-Land Use
GoalS: Protect The Harbor And Encourage Traditional Maritime Uses
Policy 5B, Foster And Enhance The Fishing Industry
Element S-Natural and Cultural Resources

Goal 2: Protect Newport's Historic, Architectural, and Maritime Resources and Their Traditional Settings
Policy 2 A, Protect Newport Harbor Is a Facility for Traditional Maritime Uses
Element 7-bpen Space and Recreation

Goal 1: To Preserve, Protect, Restore, And Ensure The Conscientious Management Of Newport's Natural
Resources
Policy lG: Maintain The Cleanest Water Conditions Possible In All Of Newport's Freshwater And
Saltwater Environments
City Hall, 43 Broadway, Newport, RI, 02840 401.

Newport Waterfront Commission
11 March 2011
Newport City Council

City Hall
43 Broadway
Newport, RI 02840
RE: CRMC FDIc # 2011-01-014 Aqllllaculturc farm for blue mussels
Dear Honorable Mayor and Members ofthe City Council:
On March 10, 2011 the Waterfront Commission reviewed this application with Tim
MiIls, Harbormaster.
The Waterfront Commission does not object to this application.
• There are no aspects in the application that are contrary to the Harbor Management
Plan or City Ordinances. .
• Interference of nets or buoys with transient boating traffic appears minimal.
Please let us know if you have any questions.
Respectfully Submitted,
~/LL~
Hank Kniskern
Chair - Waterfront Commission
ce. Ed Lavallee, City Manager

Tim MiIls, Harbormaster
Docket Date: March 23,2011
City of Newport
To: Mayor Stephen C. Waluk & HonorVCit.ouncil Members
From: Edward F. Lavanee~ City Manager
Date: March 7~ 2010
Subject: Award of Rid #11-040 - Harbor Center Windows
Staff Presentation: Andrew Delonno, Planner
RECOMMENDATION:
Approve the accompanying resolution and contract award to Alhambra Building Company of Warwick, RI for the not
to exceed price of $85,952 to repair and replace all remaining windows (except those windows slated for replacement
in creating the transient boater facility) at the Harbor Center (Armory).
The City of Newport solicited bids for the repair and replacement of the balance of windows not covered under the
contract for creation of the public transient boater center at beach level in the Harbor Center (Armory). Bid number 11-
040 was an RFP seeking a contractor to repair the windows in the Armory Building and· accurately replace missing
windows. The project utilizes American Recovery and Reinvestment Act (ARRA) stimulus grant funding. Six bids
were received. The recommendation is for Alhambra Building Company of Warwick, RI as the lowest, most qualified
firm to repair and replace the Armory windows at the bid price of$85,952.

N/A
FISCAL IMPACT
...x Currently Budgeted (Account 04-190-5000-50440 (Activity 133841 _ Requires additional appropriation
_ No Fiscal Impact
Resolution
Bid Analysis
Contract
Corporate Information
Finance Dept Review: Date By: ~ (if applicable)

THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No ..
WHEREAS: The City of Newport requested Sealed Bids for

Newport Harbor Center Windows, Bid # 11-040. Bids were
received on 1 March 2011.
WHEREAS: Award has been recommended to the lowest,

qualified bidder being Alhambra Building Co., Inc.,
Warwick, RI at their bid price of $85,952.00.
NOW THEREFORE, BE IT RESOLVED: That the bid of

Alhambra Building Co., Inc., Warwick, RI is hereby
accepted at a total NTE cost of $85,952.00 and the Mayor
is authorized to sign said contract on behalf of the City,
subject to favorable review by the City Solicitor.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
7 March 2011 Harbor Center Window Project
Bid Tabulation Sheet Anno Window Pro"eet 11-040

IBase IAlternate ITotal
Alhambra Buildinq $72,440.00 $13,512.00 $85,952.00
Plan B Construction Co $104,000.00 $0.00 No Add/Alt $104,000.00

Beachview Building $184,000.00 $19,400.00 $203,400.00
Picus Woodwriohts $221 ,509.25 $14,971.00 $236,480.25
Kirbv Perkins Construction $233,740.08 $11,570.00 Continoencv $233,740.08 PLUS
EW Burman $239,000.00 $15,000.00 $254,000.00
CITY OF NEWPORT
Contract
Harbor Center (Armory)
Window Project
RFQ 11-040
Department of Planning, Zoning, Development & Inspections
This Contract (The "Contract") is made and entered into by and between the City of
Newport, (the "City") and Alhambra Building Company, of Warwick, RI, (the "Contractor"). This
Contract shall become effective on the date it is executed by the last party to execute it ("the
effective date").
As outlined under Bid/Proposal # 11-040 (the "Project") this Contract is for a project identified as
Harbor Center (Armory) Window 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.
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 # 11-040 plus the following:
• Submitted Bid/Proposal #11-040 "Harbor Center Windows"dated 3.1.11; and,
• Submitted cut sheets and detailed specifications.
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.
City Hall, 43 Broadway, Newport, RI, 02840 2 401.845.5472 (fax 401.846.1121)

14 March 2011
(a) The Contractor has become familiar with the Project site and the Local conditions under which
the Project is to be constructed and operated.
(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:
(al 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;
(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

14 March 2011
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:
(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.
Note: As required by the City, all work documents/products provided in paper format will also be
provided in digital format to promote the reduction of paperwork and allow electronic storage of
documents. The Contractor shall have the right to keep the Contractor's executed set; provided,

14 March 2011
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.
(c) The provision and furnishing, and prompt payment therefore, 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 fourteen (14)
calendar days after the Notice to Proceed and shall diligently continue its performance to and
until final completion of the Project (subject to weather 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 of eighty-five
thousand nine-hundred fifty-two dollars ($85,952) The price set forth in this Paragraph 8, shall

14 March 2011
constitute the Contract Price, which shall not be modified except by a Change Order as
provided by this Contract.
(b) 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 31't 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.
(c) The City shall retain a percentage of the progress or monthly payment claimed including
approved change orders. The retainage shall remain a five (5%) percent until seventy-five
(75%) percent of the Contract is complete, as determined by the City. Any further reductions
in the retainage amount shall be at the City's discretion. The City shall pay the 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.
(d) 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

14 March 2011
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 thirty (30) days of the date
the work is accepted by the City, unless a dispute exist with respect to the work.
(e) 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 thirty (30) days of the Final Completion and Acceptance of Work.
(f) 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.

(g) 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.
(h) 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;

14 March 2011
(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.
(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.
(i) 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.
(j) 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. lfthe City is unable to issue its final Approval for Payment and is required to
City Hall, 4.1 Broadway, Newport, RI, 02840 8 401.845.5472 (fax 401.846.1121)
14 March 2011
THE CITY OF NEWPORT, RHODE ISLAND AMERICA'S FIRST RESORT
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.
(k)· The Contractor is to begin work within fourteen (14) days after the Notice to Proceed and shall
complete the work within ninety (90) 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 two-hundred and fifty dollars ($250) per week for each and every calendar week 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 unexcused delays, 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.
(I) . The Time for completion noted above has been developed upon assumptions that the work
may be suspended during weather shutdowns if necessary. The Newport Harbormaster shall
determine weather shutdowns for this Project. The time period specified for completion of
the work in paragraph (k) above shall be suspended during such weather shutdowns. The
Contractor shall plan on weather shutdown period based upon these dates unless otherwise
directed by the City. The weather 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
weather shutdown period due to weather, environmental or other conditions, which preclude
the work from being executed in accordance with these documents.
(m) 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:
City HaIl, 43 Broadway, Newport, RI, 02840 9 401.845.5472 (fax 401.846.1121)

14 March 2011
THEGTY OF NEWPORT, RHODE ISLAND - AMERICA'S FIRST RESORT
(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 sign age and traffic cones.
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,
City Hall, 43 Broadway, Newport, RI, 02840 10 401.845.5472 (fax401.846.1121)

14 March 2011
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 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 ofthis Contract;
(c) The Work shall be strictly supervised, the Contractor bearing full responsibility for any and all
aspects or omissions ofthose engaged in the work on behalf ofthe 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.
Oty Hall, 43 Broadway, Newport, RI, 02840 11 401.845.5472 (fax 401.846.1121)

14 March 2011
(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 ofthe City.

(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.
(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.

14 March 2011
ARTICLE 13· "EQUIVALENCY" 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 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.

14 March 2011
(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 15 (c) shall constitute a waiver by the Contractor of any rights
arising out of or relating to such concealed and unknown condition.
(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 therefore, the Contractor shall strictly comply
with the requirements of Subparagraph 15 (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 therefore 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

14 March 2011
within the meaning of this Subparagraph lS(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 is (a) above. If the Contractor fails to make such claims as
required in this Subparagraph 15 (f), any claim for an extension of time shall be waived.
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 in trades or occupations not classified in sufficient time for the City to obtain
approved rates for such trades or occupations.

14 March 2011
(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;
Any change in the Contract Price resulting for a Change Order shall be determined as follows:
(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 ofthe 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.
(b) 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

14 March 2011
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.
(c) 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.
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

14 March 2011
between the fair market value of the Project as constructed and the fair market value of the
project had it not been 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:
(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.

14 March 2011
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 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
Co·ntractor 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
th is 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

14 March 2011
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 l8(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 l8(a), shall not
exceed the total Contract Price as properly adjusted, reduced by the 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 l8(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 l8(a) and the provision of
Subparagraph l8(a) shall apply.

14 March 2011
ARTICLE 23· 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.
(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

14 March 2011
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
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:

14 March 2011
(5) Comprehensive Automo!}i1e 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 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

14 March 2011
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.
(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 2S - 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 Contractor shall be responsible for such loss unless the
Contractor promptly gives such information to the City.

14 March 2011
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 ofthis 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.
ARTICLE 29 - SUCCESSORS AND ASSIGNEES

Each party binds itself, its successors, assignees, 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.

14 March 2011
CITY CONTRACTOR
The City of Newport Alhambra Building Company
City Hall 2077 Elmwood Avenue
43 Broadway
Newport, RI 02840 Warwick, RI 02888
By: By:
(Signature) (Signature)
Stephen C. Waluk , Mayor Donald Ihlefeld, President
(Date of Execution) (Date of Execution)
Approved as to Form:
Joseph J. Nicholson, Jr.; Esq (Date of Approval)

City Solicitor

14 March 2011
Bid # 11·040
LIst the Officers of your Corporation or Principals of your LLC. Award can not be done
without the attachment.
Alhambra Building Company, Inc.

complete Company Name
Donald F. Ihlefeld President & CEO

Name lltlejOfficer/Poslllon
Name lltle/Orttcer/Posltlon
Name llt1e/Offlcer/Posltlon
Name 1111e/Officer/Poslllon
lilie/Officer/Posillon
Name 1111e/OrRcer/Poslllon
Name l1tle/O/Roer/Poslllon
Name lltle/Officer/p(lsmon .
Name 11t1ll/0/Rcer/Posltlon
B
City of Newport
REQUEST-FOR CITYCO'UNCIL ACTION
To: Mayor Stephen C. Waluk & Membrf City Council
From: Edward F. Lavallee, City Manage
Date: March 15,2011
Subject: Award of Bid - Field Deployable Video System - City Hall Secondary -
Emergency Operations Center
Staff Presentation: Michael G. McKenna, Police Chief
RECOMMENDATION:
The Police Department recommends the City of Newport award the "Emergency Operations Center (EOC) - Field
Deployable Video System" to Security Hunter. This sole source supplier is on the Federal General Services
Administration (GSA) schedule GSO-7F-0029M and has been vetted to offer the lowest competitive price.
The City of Newport was awarded a grant to establish a secondary EOC location at City Hall. A component of the
project is the upgrade of our Emergency Operations Center to include the capability of viewing -live streaming video
from the field. One line item in the grant included $52,500 for a field deployable video system. The lowest competitive
GSA price is $47,919.93.

None
FISCAL IMPACT
_ Currently Budgeted (Account: ~~ ~) _ Requires additional appropriation ~2L No Fiscal Impact
Resolution
Securityhunter Solutions Proposal with GSA Bid
Finance Dept Review: Date By: - - - - (if applicable)

THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No ..
EREAS, in case of an emergency or disaster the City of

Newport has an Emergency Operations Center (EOC)
located at the Newport Police Department; and
EREAS, the Federal Emergency Management Agency

recommends the establishment of a secondary EOC
at a different location; and
EREAS, the City of Newport has received a COPS

Technology Grant, in the amount of $200,000 from
the US Department of Justice to establish the
secondary EOC at Newport's City Hall; and
EREAS, as part of the proj ect is the purchase of a

Field Deployable Video System that can relay
real-time data and information to the EOC;
EREAS, the City of Newport has received a proposal from

Securityhunter Solutions, through the Government
Services Administration Schedule (GSA), Contract
Award #GS07F0029M, for two Sight Logix
Surveillance Systems. NOW THEREFORE BE IT
ESOLVED: that the proposal of Securityhunter Solutions,

for the (2) Sight Logix Surveillance Systems is
hereby accepted in an amount not to exceed
$48,000.00 and the Mayor is authorized to sign
any necessary documents for same upon review of
the City Solicitor's office, on behalf of the
City.
IN COUNCIL
EAD AND PASSED
Kathleen M. Silvia
City Clerk
Seirltvllunter"
. < "'-P'Targetlng Secllrlty Solutions
GOVERNMENT SALES PROPOSAL

Date: January 14,2011
CUSTOMER INFORMATION
Company: Newport Police Department BILLING ADDRESS DSAME SHIPPING ADDRESS D SAME
Contact: Lieutenant Daniel Dvorak Contact:
Phone: Phone:
Address: 120 Broadway Address:
City/State/Zip: Newport, Rhode Island 02840 City/State/Zip:
Email: ddvorak@cityofnewport.com Email:
Thank you for the opportunity to supply the Newport Police Department with the listed Sightlogix rapid deployment
surveillance solutions.
GSA now allows state and local government to purchase security products and services via the multiple award schedule.
The Sightlogix products quoted are discounted off the manufacture's MSRP and offered to you at our negotiated GSA
rates. We support a number of correction facilities in Delaware and the U.S. DHS Immigration and customs Detention
center in New' Jersey. We are a full service security integrator and welcome the opportunity to learn more about your
department's security requirements.
Extended
Item # Description Unit Price Qty
Price
Sight logix - Wireless Rapid Deployment Base
Kit. Includes a single SL-SS-NS200 Thermal
SL-WRDKB-N 5200-115 $36,764.08 $36,764.08
SightSensor™ (5.8GHz), Laptop, NVR Software,
Tripod, two (2) batteries, charger & access point.
Custom acka ed in Pelican case
Sightlogix - Visible Wireless Rapid Deployment
Kit. Expansion Unit. Includes a single SL-SS- $11,155.85
$11,155.85
SL-WRDKX-DS 100-115 DS100 Visible SightSensor™ (5.8GHz), Tripod,
two (2) batteries, charger & access point.
Custom acka ed in Pelican case
Equipment and Material Sub-Total $47,919.93
TAX Exempt
LABOR N/A
TOTAL PRICE $47919.93
WARRANTY: The proposed equipment comes with a one (1) Year parts warranty and a ninety (90) day labor warranty if
applicable. Warranty work is performed Monday through Friday, 8:00 AM to 4:30 PM, HOLIDAYS excluded.
PAYMENT TERMS: Upon receipt of order via PO or credit card.
Please sign for acceptance Prepared By:
Michael S. Rogers
Print Name Title Securityhunter, Inc. Representative
Signature Date
2624-K Lord Baltimore Drive • Baltimore, Maryland 21244-7277 • Phone 800-397-5300 • Fax 443-436-0450 •
www.securityhunter.com • GSA#07F-0029M • DCJS#11-5985
secirilVhunter®
~Targeting Security Solutions
Securityhunter, Inc. Information Sheet
1. Address for OrderinglPayment:

Securityhunter, Inc.
2624-K Lord Baltimore Drive
Baltimore, Maryland 21244
Phone: Local: (443) 436-0700 Toll Free: (800) 397-5300
FAX: (443) 436-0450
2. Business Size: (in accordance with Federal Government Standards)

k8J Small 0 Large k8J Women-Owned 0 Minority-Owned
3. Acceptable forms of Payment:

Government Purchase Order & Credit Card
Terms: Net 30 Days
4. Securityhunter, Inc. GSA Contract No. GS-07F-0029M

Effective Date: 11/112006 to 10/3112011
5. CAGE (Commercial & Govt. Entity) No. 1 T Z X 8

DUNS (Dunn & Bradstreet) No. 6 1 0 6 2 6 7 9 8
Federal Tax ID No. 52-1799587
6. Delivery Estimate 60 days or ARO:

k8J FOB Destination (Vendor pays to destination)
Includes 48 States, DC, port of Exportation Alaska, Hawaii & Puerto Rico
o FOB Origin (Government pays from shipping point)
Estimate cost: $ _
Origin City/State: _
7. GSA Contract Representatives:

SALES: (800) 397-5300 sales@securityhunter.com
Michael S. Rogers mrogers@securityhunter.com
Accounting:
Keith Thompson accounting@securityhunter.com
Contract Administration:
Xanne Luera xluera@securityhunter.com
2624-K Lord Baltimore Drive. Baltimore l Maryland 21244-7277 • Phone 800-397-5300 • Fax 443-436-0450 •
~ .
Securilvhunler®
~ Targeting Security ~olutions
TERMS AND CONDITIONS

Whereas Securityhunter is the Contractor, this section includes assumptions for the purpose of Clarity, to provide a full understanding of the proposal and
or contracted project to its client.
I. Under normal circumstances we request a minimum of 2 to 4 week shall bear no responsibility for Customer-generated quantities,
lead-time for labor scheduling and material procurement. Longer lead specifications, or suitability of purpose.
times may apply for special order items.
13. The client will provide ready access to a single point of contact, capable
2. Anything outside of the Scope ofWark described in this document and authorized to discuss issues, make decisions, and approve change
will be performed only through authorized Change Order or modified orders to interface with the Securityhunter, Inc. Project Manager to
proposal. allow for an orderly install.
3. Labor is quoted based upon our normal technical working hours, 14. Contractor shall work in harmony with the other building trades on site
between 8AM and 4:30PM., Monday through Friday. If there is work and or specific departments, in the attempt to minimize disruption to
Ihat is required outside normal business hours, Customer must inform schedules and coordinate efforts, which coincide with other construction
Contractor prior to Agreement. Work performed outside normal or activities.
working hours will require a price adjustment.
15. Payment Terms:
4. Customer shall provide ample electric sources, with proper voltage
and ground, for the purpose of operating electric tools, and equipment Payment Terms per GSA contract # GS-07F-0029M are Net 30 days for
required to complete the installation. all GSA EBUY and GSA Advantage orders. All other federal, state and
local govemment contracts require a deposit upon contract execution
5. Unless otherwise noted in this proposal, installation wBl assume use unless otherwise disclosed in this proposal. See installation contract
of existing copper and fiber optic cable infrastructure. This quotation schedule below.
is based on utilizing existing conduits, wire troughs, cable trays and
hand holes provided by others assuming they are in good usable All government credit cards are accepted. Purchase orders may be
condition, are of adequate size and free of any obstruction (to include submitted electronically via email: accounting@securityhunter.com.
standing water) unless otherwise stated. If applicable, grounding
conductor and grounding bus bars will be provided by others. Equipment only sales are due upon receipt of order and may be funded
via purchase order or credit card.
6. Unless othelwise specified in this Proposal, the Customer shall
provide adequate and secure on-site storage for all materials. Due to Installation contract schedule. Installation contract values up to $20,000
OSHA regulations, it is assumed that the area where the installation require a 35% deposit upon acceptance and the remaining balance is due
will take place is free and clear of any and all hazardous material, upon completion of installation. Installation contracts valued over
including, but not limited to, asbestos. Any costs incurred by this $20,000 require a 30% deposit upon acceptance of signed contract, 30%
contractor for the containment, control or disposal of hazardous due upon receipt of equipment and the remaining balance of 40% is due
material shall be at the expense of the Customer. upon completion of the installation.
7. Customer shall provide free and clear access to the building or These payment terms apply unless otherwise disclosed in this proposal.
buildings where installation shall take place. This shall include but Client will honor payment tenns set forth in this contract. All invoices
not be limited to areas such as loading docks, freight elevators, not paid within 30 days of the date due shall bear interest at the rate of
reasonable parking facilities for work vehicles, access to service one and one-half percent (1-1/2%) per month on the unpaid balance in
corridors, etc. (It is understood that the use of such items may require addition to a one percent (l %) penalty.
coordination with other trades or departments.)
16. Fees. A surcharge of3% is applied to all credit card payments.
8. All materials and installation thereof shall conform to associated Securityhunter will accept Visa, MasterCard, Discover and American
National Fire Protection Agency (NFPA) INational Electrical Codes Express.
(NEC). NOTE: It is also understood that copper asp cables will not
exceed the 50-foot rule regarding building entry. 17. Client agrees to pay all applicable sales taxes associated with products
and services rendered under this contract. Submit a copy of your tax
9. Contractor shall not have compensation deducted from any contract exempt certificate if applicable at the time of the order.
amount due to substitutions or la!:>or efficiencies that meet or exceed
original specifications, resulting in a reduced cost to contractor in 18. This quote is good for thirty (30) days.
pelformance of work.
19. Limitation of liability. Not withstanding any other provision of this
10. Contractor shall, at his option, suspend or tenninate work if Customer agreement, the parties acknowledge and agree: the providing of service
fails to pay contractor any sum within reasonable time of the due and or maintenance does not guatantee the continued or unintemlpted
date. If work is telminated or suspended, the completion dates shall operation of the equipment; and in no event shall Securityhunter be
be extended by a time equal to suspension or termination period. liable for loss, damage, or expense related to loss of data, loss of use,
loss profits, burglary, robbery, fire, flood, loss of documents 01' other
11. Any delays caused by Customer due to interference of work schedule, items of value, or for special ~ncidental, indirect or consequential
material delivery, change of work, concealed conditions, etc., damages of any kind or nature, whether arising under contract, tort, strict
resulting in an increase of cost to contractor to perform work shall be liability, or their form of action, whether or not Securityhunter has been
at the expense of the Customer. advised of the possibility thereof.
12. In the event of Customer supplied materials, all such materials shall
be delivered to the job site not less than forty-eight (48) hours prior to
installation of the required materials. Contractor
2624-K Lord Baltimore Drive' Baltimore, Maryland 21244-7277 • Phone 800-397-5300 • Fax 443-436-0450 •
City of Newport
"'+"""""'"'''~ltEQ~UE'ST'FORCITY COUNCIr.;'ACTION
To: Mayor Stephen C. Waluk & Members of the City Council
From: Edward F. Lavallee, City Manager
Date: March 16, 2011
Subject: Award of Bid # 11-035 - City Hall Secondary Emergency Operations Center -
Climate Control System
Staff Presentation: William R. Riccio, Jr., PE, Director of Public Services
RECOMMENDATION:
The Department -of Public Services recommends awarding to Eagle Design Corporation of Middletown, RI, the contract
for designlbuild services to install a climate control system into the City Halt secondary Emergency Operations Center
(EOe) to be located within the City Council Chamber based upon the lump sum price of $44,815.00.

This 100% grant funded project to develop a secondary Emergency Operations Center to be located within the Council
Chamber at Newport City Hall incorporates the need to install a climate control system. The specifications for the
system were developed and designlbuild proposals were solicited, resulting in four proposals which were evaluated by a
team of three members of the City's professional staff based upon the following factors: installation cost (34%),
placement/layout (33%), and appearance (33%). This approach to such proposals is standard for the City when price is
not the only concern. Given the historic nature of the the Council Chambers and the activity level of the Chambers, it is
important to take into consideration the appearance and the effectiveness of the system.
Staff individually scored each of the four proposals and ranked them based upon the average values of the three
individual scores. Upon rankings, staff recommends award of the proposal submitted by Eagle Design Corporation
($44,815.00) as it appears to provide the most aesthetically appealing design that meets the specifications for the system.
The design eliminates the potential for heat gains associated with the existing window locations while incorporating four
individual units centered within the individual ceiling panels thereby creating a symmetrical layout within the ceiling
panel while maximizing the efficiencies of the air flow distribution to the entire area.
The low proposal submitted by Automatic Temperature Control ($40,700.00) which was ranked second incorporated not
only four individual units but also four additional service door panels for a total of four pairs of registers/access panels
proposed for installation into the ceiling panels. In order to accommodate each pair the air flow register would be offset
within the ceiling panel within which it is placed. As the team considered it to be imperative to limit disturbance to the
ceiling without sacrificing functionality, the slightly lower cost was outweighed by the appearance of the system via the
design as presented within the preferred proposal.
The remaining two proposals were significantly higher in cost and lacked the specific detail provided within the other
proposals and therefore were scored lower overall.

nJa
FISCAL IMPACT
_ Currently Budgeted (Account ~) _ Requires additional appropriation _lL No Fiscal Impact
Funding through grant sources
Resolution
Bid Tabulation
Scoring Matrix
Finance Dept Review: Date By: (if applicable)

THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No ..

a Climate Control System for the City Hall Secondary
Emergency Operations Center, Bid # 11-035. Bids were
received on 17 Jan 2011.

qualified bidder being Eagle Design Corporation of
Middletown, RI at their bid price of $44,815.
NOW THEREFORE, BE IT RESOLVED: That the bid of

Eagle Design Corporation of Middletown, RI is hereby
accepted at a total NTE cost of $44,815 and the Mayor is
authorized to sign said contract on behalf of the City,
subject to favorable review by the City Solicitor.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
Tabulation of BID # 11-035 - Council Chambers Air Conditioning
(Facilities Management (FacMan)
Automatic Eagle CAM HVAC & Travers
Temperature Design Construction Plumbing
Control
1. Chamber Air Conditioning $40,300 $44,815 $59,813 $92,300
Bid Closed: 17 Jan 2011
1
Bid 11-035
Incident Connnand Center
Climate Control System
Staff Review Scoring Matrix
Staff I Staff2 Staff 3 Average
Automatic Temp Control 92 92 74 86
Eagle Design 96 95 85 92
CAM HVAC 74 82 55 70.3
Travers Plumbing 61 85 50 65.3

.' .
List the Officers of your CorporatIon or Principals of your LLC. Award can not be
done without the attachment.
Complete Company Name
Name Tltle/Offlcer/Posltlon
Name TItle/Officer/Position
Name Title/Officer/PosItion
Name Title/Officer/Position
9
Docket Date: March 23~ 2011
City of Newport
To: Mayor Stephen C. Waluk & Memb~.J1h f e City Council
From: Edward F. Lavanee~ City Manager~ I'
Date: March 15, 2011 .
Subject: Award of Bid #1l~049 - Memorial Boulevard Stonewall Restoration
Staff Presentation: Eric Earls, Transportation Engineer
RECOMMENDATION:
The Department of Public Services recommends award to the lowest, qualified bidder being All Island Landscape, Inc.,
Portsmouth, RI, the contract for the Memorial Boulevard Stonewall Restoration based on the attached unit prices.
The total amount of the contract is $19,404, plus an additional $1,200 for police details (to be paid by City) for a total
project cost of $20,604.00
City staff observed that portions of the Memorial Boulevard stonewall and its top caps had deteriorated due to weather
andlor vandalism over time: As a result, the City's Department of Public Services prepared a request for bid proposals
to repair the Memorial Boulevard Stonewall. The work includes the furnishing and installation of new matching cap
stones to the wall where they are missing, restoration of the side of the stonewall in areas where stones have fallen, and
re-pointing the top of the wall. There were a total of nine (9) bidders
The work will begin within two weeks of the execution.ofthe contract.

n1a
FISCAL IMPACT
---.K- Currently Budgeted (Account 11-400-01450- 5022 5) _ Requires additional appropriation _ No Fiscal Impact
Resolution
Bid Tabulation
Finance Dept Review: Date By: .~ (if applicable)

THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No ..

the Memorial Boulevard Stonewall Restoration, Bid # 11-
049. Bids were received on 24 February 2011.

qualified bidder being All Island Landscape, Inc., of
Portsmouth, RI at their bid prices, for a total of
$19,404.00, plus and additional $1,200.00 for police
details (to be paid by the City).
NOW THEREFORE, BE IT RESOLVED: That the bid of All

Island Landscape, Inc., of Portsmouth, RI is hereby
accepted at a total not to exceed the cost of $19,404.00
and the Mayor is authorized to sign said contract on
behalf of the City, subject to favorable review by the City
Solicitor and the total project cost, including $1,200 for
Police Detail expense, in the amount of $20,604 is hereby
approved.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
City of Newport
Department of Public Services
280 Spring Street
Newport, RI 02840
Bid Tabulation
Bid tabulation for Memorial Boulevard Stonewall Restoration Bid #11-049 opened on 24 February 2011 at 14:00
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1. F & I Bluestone Column Caps (Bell to Edgar) 34 EA$ 156.00 $ 95.00 $ 344.00 $ 145.00 $ 320.00 $ 410.00 $ 220.00 $ 751.11 $ 885.93
2. F & , Bluestone Wall Caps (Bell to Edgar) 200 IF$ 48.00 $ 52.00 $ 56.00 $ 100.00 $ 102.00 $ 125.00 $ 238.00 $ 189.42 $ 296.48
3. Restoration of Stonewall sections 60 SF $ 34.50 $ 75.00 $ 58.00 $ 100.00 $ 77.00 $ 65.00 $ 142.00 $ 66.92 $ 112.50
. 4. F & I of Bluestone Wall Caps (Thorn to Bell) 10 IF $ 39.00 $ 48.00 $ 19.00 $ 75.00 $ 71.00 $ 110.00 $ 142.00 $ 347.34 $ 214.20
5. Police Detail 24 MH $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00
A-1. R, R, & R Wall Caps (Bell to Edgar) 40lF $ 23.00 $ 54.00 $ 15.00 $ 90.00 $ 63.00 $ 60.00 $ 155.00 $ 113.40 $ 109.09
A-2. R, R, & R Wall Caps (Thom to Bell) 40 IF $ 28.00 $ 52.25 $ 15.00 $ 80.00 $ 49.00 $ 45.00 $ 99.50 $ 113.40 $ 109.09
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Bid #11-049
List the Officers of your Corporation or Principals of your LtC. Award can not
be done without the attachment.
City of Newport
REQUEST FOR CITY COUNCIL~ACTION·
To: Mayor Stephen C. Waluk & Mem~..!Jhe City Council

From: Edward F. Lavallee, City ManageitV
Date: March 11, 2011
Subject: US Environmental Protection Agency Grant - Application for Assistance
Award
Staff Presentation: Joan Tracey, Deputy Utilities Director - Finance
RECOMMENDATION:
The Department of Utilities staff recommends authorization to allow the Mayor to sign the Application for Federal
Assistance for the Easton Pond UV project in the amount of $485,000.
In May 2010, the United States Environmental Protection Agency included the City of Newport on the funding list ofthe
EPA Fiscal Year 2010 Appropriations Act for a water pollution control management project for $485,000. The targeted
project is the Newport Ultraviolet Treatment of Stormwater at Easton's Beach - Construction.
In order to obtain the grant, the City is required to file an Application for Federal Assistance with the EPA. This
Application is required to be signed by an authorized official of the City.

nla
FISCAL IMPACT
_ Currently Budgeted (Account ~.-.--') _ Requires additional appropriation l No Fiscal Impact
Resolution
Application for Assistance with required attachments (SF424, SF424A, budget)
Funding Letter from EPA
Finance Dept Review: Date By: _ (if applicable)

THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No ..
RESOLVED: that the Application for Federal

Assistance between the City of
Newport and the Environmental
Protection Agency in the amount
of $485,000.00 is hereby approved
and the Mayor is authorized to
sign said application on behalf
of the City, subject to favorable
review by the City Solicitor.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
OMS Number: 4040-0004
ExniratlOn Date: 04J3112012
ApPlication COl' Federal Assistance SF·424 Version 02
"I. Type of Submission "2. Type of Application 'IfRevision, select appropriate letter(s):
D Preapplication o New
III Application D Continuation " Other (Specify)
n Chan/?:ed/ColTected Aoolication n Revision

'3. Date Received: 4. Application Identifier:
Sa. Federal Entity Identifier: ·Sb. Federal Award Identifier:
State Use Onlv:

6. Date Received bv State: 7. State Anolication Identifier:
8. APPLICANT INFORMATION:
• a. Lella! Name: City of Newport RI
• b. EmployerlTaxpayer Identification Number (EIN/TlN): ·c. Organizational DUNS:
05-6000260 610137130
d. Address:
'Street!: 70 Halsey Street
Street 2:
'City: Newport
County:
'State: Rhode Island
Province:
Country: 'Zio/ Postal Code: 02840
e. OrfZanizational Unit:
. Department Name: Division Name:
Utilities Department Water Pollution Control Division
f. Name and contact information of person to be contacted on matters involvinfZ this application:
Prefix: Ms. First Name: Joan
NlId Ie N a Ire:
"Last Name: Tracey
Suffix:
Title: Deputy Utilities DireCtor - Finance
Organizational Affiliation:
"Telephone Number: 401-845-5602 Fax Number: 401-846-0947

"Email: itracevlalcitvofnewDort.com
OMB Number: 4040·0004
Exniration oale: 04131/2012
Application for Federal Assistance SF-424 Version 02
9. Type of Applicant 1: Select Applicant Type: C. City or Township Government
Type of Applicant 2: Select Applicant Type:

• Select One -
Type of Applicant 3: Select Applicant Type:
- Select One -
"Other (sp'ecify):
"10. Name of Federal Agency:

U.S. EPA
11. Catalog of Federal Domestic Assistance Number:
66.202
CFDA Title:
Congressionally Mandated Projects
"12. Funding Opportunity Number:
'Title:
13. Competition Identification Number:
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):

City of Newport, RI
Town of Middletown,RI
Newport County, RI
"15. Descriptive Title of Applicant's Project:

The segment of the Easton's Beach Storm water UV Disinfection System project that will be subject to the
EPA Earmark grant is only the purchase of the actual UV disinfection system by the construction
contractor from the manufacturer and will exclude all other construction and material cost involvecl in
completing the entire project.
Attach supportinl! documents as specified in al!encv instructions.
OMS Number: 4040"0004
Exoiratlon Date: 04/3112012
Application for Federal Assistance SF-424 Version 02
16. Congressional Districts Of:
·a. Applicant RI-001 ·b. Program/Project:

RI-001
Attach an additional list of Program/Project Congressional Districts if needed.
17. Proposed Project: 1,700,000
·a. Start Date: 7/1/09 ·b. End Date: 6/30/12

18. Estimated Fuudine ($):
·a. Federal $485,000.00 *d. Local
"b. Applicant $1,215,000.00 *e. Other
·c. State of. Program Income
·d. Local *g. TOTAL
$1,700,000.00
*19.ls Application Subject to Review By State Under Execntive Order 12372 Process?
I2J a. This application was made available to the State under the Executive Order 12372 Process for review on March 10, 20li
Db. Program is subject to E.O. 12372 but has not been selected by the State for review.
Fi c. Prollram is not covered bv E.O. 12372 .
"20. Is the APf2\cant Delinquent On Any Federal Debt? (If "Yes", provide explanation.)
DYes No
.<.1. "By signing this application, 1 certifY (I) to the statements contained in the list of certifications" and (2) that the statements
herein are tme, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply
with any resulting terms if1 accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject
me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001)
D "1 AGREE
•• The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or
allencv specific instlUctions.
Authorized Renresentative:
Prefix: Mr. 'First Name: Stephen
Midd Ie N ane:
'Last Name: Waluk
Suffix:
'Title: Mayor
"Telenhone Number: 401-845-5436 Fax Number:

'Email: swaluk@citvofnewport.com
'Sillnature of Authorized Representative: Date Sillned:
OMa Number. 4040·0004
Exoiratlon Date: 04/31/2012
k\pplication for Federal Assistance SF-424 Version 02
• Applicant Federal Debt Delinquency Explanation
~he following field should contain an explanation if the Applicant organization is delinquent on any Federal Debt. Maximum
number of characters that can be entered is 4,000. Try and avoid extra spaces and carriage returns to maximize the availability of
space.
INSTRUCTIONS FOR THE SF-424
Public reporting buraen for this coltectlonof information Is esllmated to average 60 minutes per response, including time for reviewing Instructions, searching
existing data sources, gathering and maintaining the data needed, and complellng and reviewing the collectton of information. Send comments regarding the
burden estimate or any other aspect of this collection of information, Including suggestions for reducing this burden, to the Office of Management and BUdget,
Paperwork Reduction Project (0346·0043). Washington. DC 20503.
PlEASE DO NOT RETURN YOUR COMPlETED FORM TO THE OFFICE OF MANAGEMENT AND flUDGET. SEND IT TO THE ADDRESS PROVIDED
BY THE SPONSORING AGENCY.
This is a standard fonn (inoluding the continuation sheet) required for use as a cover sheet for submission of preapplications and applications and
related infonnation undClf discretionary programs. Some of the items are required Elnd some are optional pt the discretion of the applicant or the Federal
agency (agency). Required items are identified with an asterisk on the form and are specified in the instluctions below. In addition to the instructions
provided below, applicants must consult agency instructions to detennine specific requirements.
Item Entrv: Item Ent",:

1. Typ& of Submission: (Required): Select one type of SUbmission In 10. Name Of Fedoral Agency: (Required) Enter the name of the
accordance with agency Instructions. Federal agency from Which assistance Is being requested with
• Preappllcatlon this application.
• Application
• IfChanged/Corrected Application -If requested by the agency, check
this sUbmission is to change or correct a previously submitted
11. Catalog Of Federal Domestlo Assistance NumberlTltle:
Enter the Catalog of Federal Domestlo Assistance number and
application, Unless requested by the agency, applicants may not title of the program under which asslslance Is requested, as
use this to submit changes after the closing date. found in the program announcement, If applicable.
2. Typo of Applloatlon: (Required) Select one type 01 eppllcation In 12. Funding Opportunity NumborlTltle: (ReqUired) Enler tho
accordance with agency instructions. Funding Opporiunlty Number and lIt1e of the opportunity under
• New - An application that Is being submitted to an agency (or the which assistance Is requested, as found In the program
first time. announcement.
• forConllnuatlon ~ An extension for an additional funding/budget period
a project with a projected completion date. This can Include
13. Competition Identification Numberrritle: Enter the
Competition Identification Number and title of the competitIon
renewals. under which assistance Is requested, If applicable,
• Revision - Any change In the Federal Government's financial
o~lIgation or contingent liability from an eXisting obligation. If a
reVision, enter the appropriate letter{s). More than one may be
selected. If "Other"ls selected, please specify In text box provided. 14. Areas Affected By' Project: LIst the areas or entities lIslng
A, Increase Award S, Decrease Award the categories (e,g., cities, counties, states, etc.) speclned In
agency instructions. Use the conUnuation sheet to enter
C. Incre~~~e D~~~lon D. Decrease Duration
E. Other 'sDocl additional areas. If needed,
3. Date Received: Leave this field blank. ThIs date will be assigned by the 15. Descriptive Tltlo of Appllcant'o Project: (Required) Enter a
Federal agency. brief descriptive title of the project. If appropriate, attach a
map showing project location (e.g" construction or real
4. Applicant Identlfler; Enter the entlty Identifier assigned by the Federal property projects). For preappllcatlons, ahach a summary
agency, If any, or applicant's control number, If applicable, description of the project.
50 Federal Entity Identifier: Enter tha number assigned to your 15. Congressional Dlstrlats Of: (Required) 16a. Enter the
organlzatlon by the Federal Agency; If any. appllcanl'o Congres,lonel DI,trlct. and 10b. Enter all District(s)
5b. Federal Award Identlflar: For new applications leave blank, For a affected by the program or project. Enter In the format: 2
contInuation or revision to an existing award, enter the prevIously characters State Abbrevlallon - 3 characters District Number,
assigned Federal award Identifier number, If a changed/corrected e.g., CA·005 for Callfomle 5" dl,trict, CA·012 for California 12"
application, enter the Federal Identifier In accordance with agency district, NC~103 for North Carolina's 103'<1 district.
Instructions. • If all congressional distrIcts In a stale are affected, enter
6. Oat. Received by Stale: leave this field blonk. This date will be ~allQ for the dlsmct number, e.g., MD~all for all
as,lonod bv the State, lIaDDllcable. congressional districts In Matyland.
7. State Application Identlfler: leave this field blank. This Identlfierwlll • If nationWide, I,e, all districts within all states are affected,
be esslgned by the Slate. If applicable. enter US-all,
6. Appllcant Information: Enter the following In accordance with agency
• If the program/project Is outside the US, enter 00-000.
f---
Instructions:
a. Legal Name: (Required); Enter the legal name Of applicant that will 17. Propos.d Project Stert end End Dateo: (Required) Enter the
undertake the assistance activity. This Is the name that the organization proposed start date and end date of the project.
has registered with the Central Contractor Registry. InformatIon on
reDlstenno with CCR mav be obtelned bv vlsilino the Grants.cov website.
b. Emptoye,rraxpayer Numbo, (EtNfTlN): (ReqUired): Enter the
Employer or Taxpayer Idel'ttlflcallon Number (EIN or TIN) as assigned by 16. Estimated Funding: (RequIred) Enter the amount requested
the Internal Revenue Service. If your organIzation Is not In the US, enter or to be contributed during the first funding/budget period by
44-4444444. each contributor. Value of In-kind contributions should be
c. orga~lzatlonal DUNS: (Required) Enter the organization's DUNS (ir Inoluded on appropriate lines, as applloable, If the action will
DUNS+4 number received from Dun and Bradstreet. Information on result in a dollar change to an existing award, Indicate only the
obtaining a DUNS number may be obtaIned by visiting the Grants,gov amount of the change. For decreases, enclose the amounts in
website. parentheses,
d. Address: Enter the complete address as follows: Street addrass (Line
1 required), City (Required). County, State (Required, If country Is US). 19. Is Application Subject to Review by State Uhder_~~cutlv8
Province, Country (Required), Zip/Postal Code (Required, if country Is Order 12372 Process? Applicants should contact the Stale
US\. SIngle Point of Contact (SPOC) for Federal Executive Order
e. Organlzattonal UnU: Enter the name of the primary organizational 12372 to determine whether the application Is subject to the
unit (and department or diVIsion, If aoplicable) that wlll undertake (he
assistance acllvltv. if 8oDlioable. State Intergovernmental review process. Select the
f. Nah1B and contact Information of persoll to be contacted on appropriate box. If we." Is selected, enter the date the
matters Involving this application; Enter the nama (FIrst and last name application was submItted 10 the State
required), organizational affiliation (if affiliated with an organizatIon other
than the applicant organi;z:atlon), telephone number (Required), fax 20. Is th& Applicant Delinquent on any Federal Debt?
number. and email address (ReqUired) of the person to contact on (Required) Select the appropriate box. This question applies to
matters ralated to th1s application. the applicant organization, not the person who signs as lhe
authorized representatIve. Categories of debt Include
delinquent audit dIsallowances, loans and taxes .
.
If ves Include an exolEination on the contlnu€'tlon sheet.
9. Type of Applicant: (Required" 21. Authorized Representative: (Required) To be signed and
select up to three appllcantlype(s) In accordance with agency dated by the authorized representatlve of the applicant
Instructions. organIzation. Enter the name (First and last name required)
A. StEite Government M. Nonprofit with 601C3 IRS tltle (RequIred), telephone number (ReqUired), faX number,
Il. County Government Status (Other than InstitutIon and email address (Required) of the person authorized to sign
C. City or Township Government of HIgher Education) for the applicant.
D. ~peclal District Govemment N. Nonprofit without 601 C3 IRS A copy of the governing body's authorization for you to sign
E. RegIonal Organization Status (Othar than Institution this application ElS the official representative must be on file In
F. U.S. Territory or Possession of Higher Education) the applicant's office. (Certain Federal agencies may require
G. Independent School District O. Private Institution of HIgher that this authorlzatlon be submitted es part of the application.)
H. Publlc/Slale Controlled Education
Instlfutlon of Higher Education P. Individual
I. Indlan/Netlve AmerIcan Tribal Q. For~Proflt Organization
Government (Federally (Other lhan Small Business)
Recognized) R. Small Bllsiness
J. Indlan/Natlva American Tribal S. Hlspanlc-selVlng Institution
Government (Other than T. Historically Black Colleges
Federally Recogni;z:ed) and Unlvers'"e. (HBCUs)
K. Indlan/Natlve American U, TrIbally Controlled Collegos
Tribally Designated and Universities (TCCUs)
Organlzatlon V, Alaska Native and Native
L. Public/Indian Housing Hawaiian SalVing Institutions
AUlhority w. Non-domesllc (non-US)
Enllty
X. Other (spaclfy)
OMB Approval No. 0348-0044
-
BUDGET INFORMATION Non-Constroction p ro2J'3.ms
SECTION A - BUDGET SUMMARY
Grant Program Catalog ofFederal Estimated Unobligated Funds New or Revised Budget
Function Domestic Assistance
or Activity Ntnnber Federal Non-Federal Federal Non-Federal Total
(a) (b) (e) (d) (e) (f) (g)
I.Congressionally 66.202 $ $ $ 485,000.00 $1,215,000.00 $1,700,000.00

Mandated Projects
2. 0.00
3. 0.00
4. 0.00
5. Totals $ 0.00 $ 0.00 $ 485,000.00 $1,215,000.00 $1,700,000.00
SECTION B - BUDGET CATEGORIES
6. Object Class Categories GRAII.-T PROGRAM, FUNCTION OR ACTIVITY Total

(5)
(l) Congressionally (2) (3) (4)
Mandated Projects
a. Personnel 0.00
b. Fringe Benefits 0.00
c. Travel 0.00
d. Equipment 0.00
e. Supplies 0.00
f. Contractual 0.00
g. Construction $1,700,000.00 $1,700,000.00
h. Other 0.00
i. Total Direct Charges (Stnn of6a-6h) $1,700,000.00 0.00 0.00 0.00 $1,700,000.00
j. Indirect Chatges 0.00
k. TOTALS (Stnn of6i and 6j) $1,700,000.00 $ 0.00 $ 0.00 $ 0.00 $1,700,000.00
7. Program Income $ $ $ $ $
Authorized for Local Reproduction Standard Fom 424A (Rev. 7-97)
Previous Edition Usable Prescribed bv OMB c- cular A-102
"
SECTION C - NON-FEDERAL RESOURCES
(a) Grant Program (b) Applicant (c) State (d) Other Sources (e) TOTALS
8. Congressionally Mandated Projects $1,215,000.00 $1,215,000;00
9. $ 0.00
10. $ 0.00
II. $ 0.00
12. Total (SUM OF LINES 8-11) $1,215,000.00 $1,215,000.00
SECTION D - FORECASTED CASH NEEDS
13. Federal Total for I~ Year I"Quarter 2nd Quarter 3"'Quarter 4'" Quarter
$ 485,000.00
$ $ $ 485,000.00 $
14. Non-Federal $1,215,000.00 $1,215,000.00
15. TOTAL (sum oflines 13 and 14) $1,700,000.00 $1,215,000.00 $ 0.00 $ 485,000.00 $ 0.00
SECTION E • BUDGET ESTIMATES OF FEDERAL FUNDS 'NEEDED FOR BALANCE OF THE PROJECT
(a) Grant Program FUTURE FUNDING PERiODS (years)
(b) First . (c) Second (d) Third (e) Fourth
16. $ $ $ $
17.
18.
19. .
20. TOTAL (sum of lInes 16-19) $ 0.00 $
SECTION :Ii' - OTHER BUDGET INFORMATION
21. Direct Charges: $1,700,000 I 22. Indirect Charges:
23. Remarks:The segment of the total UV disinfection system project that will be subject to this grant is only the purchase ofthe actual UV disinfection
SYstem by the construction contractor from the manufacturer and will exclude all other construction and material cost to complete the entire project.
Authorized for Local Reproduction
Standard Form 424A (Rev. 7-97) Page 2
INSTRUCTIONS FOR THE SF-424A
Public reporting burden for this collection of information is estimated to average 180 minutes per response, including time for reviewing instructions, searching existing data sources,
gaJhering, and maintaining the data needed, and completing and reviewing the collection of information. Send comment regarding the burden estimate or any other aspect ofthis
collection of information, including suggestions for reducing this burden, to the Office ofManagement and Budget, Paperwork Reduction Project (0348.()()44), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE
SPONSORING AGENCY.
General Instructions For continuing grant program applications, submit these forms before the end ofeach
This form is designed so that application can be made for funds from one or more grant funding period as required by the grantor agency. Enter in Columns (c) and (d) the
programs. In preparing the budget, adhere to any existing Federal grantor agency estimated amounts offunds which will remain unobligated at the eod ofthe grant
guidelines which prescribe how and whether budgeted amounts should be separately funding period only if the Federal granlOr agency instructions provide for this.
shown for different functions or activities within the program. For some programs, Otherwise, leave these columns blank. Enter in columns (e) and (t) the amounts of
grantor agencies may require budgets to be separately shown by function or activity. For funds needed for the upcoming period. The amount(s) in Column (g) should be the
other programs, granlOr agencies may require a breakdown by function or activity. sum ofamounts in Columns (e) and (t).
Sections A, B, C, and D should include budget estimates for the Whole project except
when applying for assistance which requires Federal authorization in annual or other For supplemental grants and changes to existing grants, do not use Colunms (c) and (d).
funding period increments. In the latter case, Sections A, B, C, and D should provide the Enter in Column (e) the amount ofthe increase or decrease of Federal funds and enter
budget for the first budget period (usually a year) and Section E should present the need in Column (t) the amount ofthe increase or decrease ofnon-Federal funds. In Column
for Federal assistance in the subsequent budget periods. All applications should contain (g) enter the new 1Ota! budgeted amount (Federal and non-Federal) which includes the
a breakdown by the object class categories shown in Lines a-k of Section B. lOtal. pre,ious authorized budgeted amounts plus or minus, as appropriate, the amounts
shown in Columns (e) and (t). The amount(s) in Cohnnn (g) should not equal the sum
Section A. Budget Summary Lines 1-4 Columns (a) and (b) ofamounts in Columns (e) and (t).
For applications pertaining 10 a single Federal grant program (Federal Domestic
Assistance Catalog nurtlber) and not requiring a functional or activitY breakdown, enter Lioe 5 - Show the totals for all columns used.
on Line 1 under Column (a) the Catalog program title and the Catulog number in Column
(b). Sectioo B Bndget Categories
In the colunm headings (1) through (4), enter the titles ofthe same programs, functions,
For applications pertaining 10 a single program reqUiring budget amounts by multiple and activities shown on Lines 1-4, Column (a), Section A. When additional sheets are
functions or activities, enter the name of each activity or function on each line in Column prepared for Section A, provide similar column headings on each sbeet. For each
(a), and enter the Catalog number in Column (b). For applications pertaining to multiple program, function or activity, fill in the total requirements for funds (both Federal and
programs where none ofthe programs require a breakdown by function or activity, enter non-Federal) by object class categories.
the Catulog program title on each line in Colunm (a) and the respective Catalog number
on each line in Colunm (b). Line 68-1 - Show the 1Dtuls ofLines 6a to 6h in each column.
Line 6j - Show the amount ofindirect cost.
For applications pertaining to multiple programs where one or more programs require a Line6k - Enterthe total of amounts on Lines 6i and 6j. For all applications for new
breakdown by function or activity, prepare a separate sheet for each program requiring grants and continuation grants the total amOlmt in column (5), Line 6k, should be the
the breakdown. Additional sheets should be used when one form does not provide same as the total amOlmt shown in Section A, Column (g), Line 6. For supplemental
adequate space for all breakdown ofdata required. However, when more than one sheet grants and changes 10 grants, the total amount ofthe increase or decrease as shown in
is used, the first page should provide the summary lOtals by programs. Columns (1)-(4), Line 6k should be the same as the sum of the amounts in Section A,
Columns (e) and (f) on Line 5.
Lines 1-4, Columns (c) through (g)
For new applications, leave Column (c) and (d) blank. For each line entry in Colunms Line 7 - Enter the estimated amount of income, ifany, expected 10 be generated from
(a) and (b), enter in Columns (e), (f), and (g) the appropriate amounts offunds needed 10 this project. Do not add or subtract this amount from the total project amount, Show
support the project for the first funding period (usually a year). under the program
SF-424A (Rev. 7-97) Page 3
INSTRUCTIONS FOR THE SF424A (continued)

narrative statement 1he nature and source ofincome. TIle estimated amount of Line 15 - Enter the totals ofamounts on Lines 13 and J4.
program income may be considered by the Federal grantor agency in determining
the total amount ofthe grant. Section E. Budget Estimates of Federal Funds Needed for Balance of the Project
Section C. Non-Federal Resonrces Lines 16-19 - Enter in Column (a) the same grantprogram titles shown in CoJumn (a),
Saction A. A breakdown by function or activity is notnecessary. for new appJications
Lines 8-11 Enter amounts ofnon-Federal resources that will be used on the grant. and continuation grant applications, enter in the proper columns amounts ofFedera1
If in-kind contributions are included, provide a brief expJanation on a separate funds which will be needed to complete the program or project over the succeeding
sheet. funding periods (usually in years). This section need not be completed for revisions
(amendments, changes, or supplements) to funds for the current year of existing grants.
Column (a) - Enterthe program titles identical to
Column (a), Section A. A breakdown by function If more than four lines ,are needed to list 1he program titles, submit additional schedules
or activity is not necessary. as necessary.
Column (b) - Enter 1he contributions to be made by Line 20 - Enter the total fbr each ofthe CoJumns (b)'Ce). When additioual schedules
the applicant. are prepared for this Section, annotate accordingly and show the overali totals on this
line.
Column (c) - Enter the amount of1he S_s c8sh
and in-kind contribution ifthe applicant is not a Section F. Other Budget Information
State or State agency. Applicants which are a State
or State agencies should leave this column blank. Line 21 - Use this space to expJain amounts fbr individual direct object class cost
categories that may appear to be out ofthe ordinary or to explain ,the details as required
Column (d) - Enter the amount of cash and in-kind by the Federal grantor agency.
contributions to be made from all other sources.
Line 22 - Enter the type of indirect rate (provisional, predetennined, final or fixed) that
Column (e) - Enter totals of Columns (b), (c), and will be in effect during the funding period, the esthnated amount ofthe base to which
(d). the rate is applied, and the total indirect expense.
Line 12 - Enter the total for each of Columns (b)-{e). The amount in Column (e) Line 23 - Provide any other explanations or comments deemed necessary.
shouJd be equal to the amount on Line 5, CoJumn (f), Section A.
Section D. Forecasted Cash Needs
Line 13 - Enter the amount of cash needed by quarter from the grantor agency
during the first year.
Line 14 - Enter the amount ofcash from all other sources needed by quarter during
the first year.
SF-424A (Rev. 7-97) Page 4

City Of Newport, Rhode Island
Congressionally Mandated Projects
CFDA 66.202
Budget Detail
The segment of the total UV disinfection system project that will be subject to this grant is
only the purchase ofthe actual UV disinfection system by the construction contractor :from the
manufacturer and will exclude all other construction and material cost to complete the entire
project.
Construction: UV Disinfection System $ 1,700,000
Grand Total Project Cost $ 1,700,000

FORM Approved By OMB: No. 2030·0020 Expire, 04,30·2012
Preaward Compliance Review Report for

All Applicants and Recipients Reqn.. t:~,~fn;A Financial Assi,tanee
I,
Note:- R~~~indru,.:t"inn<1 on other sid/'! e ,rp. com-l~i~fin(J form.
ApplicantlReclplent (Name, Mllre", 'tate, ZIp cOile).
City of Newport, RI Department of Utilities, WPC; 70 Halsey Street; Newport, RI 02840
I DUNS No.
610137130
II. Is the applicant currently receiving EPA as,islanee?
NO
Ill. List all civil rights I.awsuitli and ltdminlstratlve complamts pending against the appHcantlrecipient !~at ~l!ege_~!scrnnjnation bas~d on race,
C0101", national origin, sex, age, or disability. (Do not include employment- complaints not covered by 40 C.P.R. Parts 5 and 7. See
instructions on reverse side.) N
one
IV. List all civi~ rJg~ts lawsuits and administrative complaints decided against the app~icantireCipient within ~he last ~ear that al.l.egc
discrimination based on race, color, national origin, sex, age, or disability and enclose a copy of all decisions. P ease describe all corrective
action taken, (Do not .include employment complaints not covered by 40 C.F.R. Parts 5 and 7. See instructions on reverse side,)
None
List all ciVil rignts compliance revtews oftne ap~licantll'ecJplentco~aucted by any agency witbJn the last two years and enclose a copy or the
review and any decisions, orders, 01' agreements based on the review. Please describe any corrective action taken. (40 C,F.R. § 7.80(c)(3»
None
VI. 18 the appncant requesting EpA a8slstance f!lr new constructiotr! It no, proceea to vlI~ if yes, answer (a) and/or (b) below.
k
-I Yes No
, If the grant is for new construction, will all new facilities or alterations to existing facilities be designed and constructed to be readily
accessible to and usable by persons with disabilities? Ifres, proceed to VII; if no, proceed to VI(h). Yes ,f No
b, If the grant is for new construction and the new facilittes ~~jalteratiOl~s&to e~~sting facilit~s w~ not be readily accessible to and usable by
nersons with disabilities exnlain how a feQulatorv exception 40 C.F.R. 7.70 annlles. es No
VI!.* Does the apgUcanttreciPient provide initial and continuing notice that it does not discriminate on the basis of race, color, national origin, sex,
age, or disa i1ily in its programs or activities? (40 C.F.R. § 5.140 and §7.95) -I Yes No
a. Do the methods of notice accommodate those with impaired vision or hearing? ,f Yes No
. Is the notice posted in a prominent place In the applicant's offices or facilities or, for education programs and activities, in appropriate
perIodicals and other written commuOIcations? .f Yes . No
c. Does the notice identitY a designated civil rights coordinator? ../ Yes No
VIll.' Does the aPflicantlrecipient maintain demographic data on the race, color, national origin, sex, agc, or handicap of the population it serves?
(40 C.F.R. . 7.85(n)) N/A II
lX.' Does the applicant/recipient have a policy/procedlire for providing aCCC!lf) to services for persons with limited English proficiency?
(40 C.F.R. Parl7, E.O. 13166) N/A
II
x.'" If the applicant/recipient is an education program or activity, or has 15 or more employees, has it d~signatcd un employee to coordinate its
ompliance with 40 C,F.R. Parts 5 and 7? Provide the name, title, position, mailing address, e-mail address, fax number, and telephone
number of tile designated coordinator. NtA
II
XI' Ifthe applicant/recipient is an education progr8J)1 or activity, or has 15 or more employees, has it adopted grievance procedures that assure
the prompt and fair resolution of complaints that allege a violation of 40 C.F.R. Parts 5 and 71 llrovide a legal citation or Internet address
for, or a copy of, lhe procednres. N/A
D
For the AppUcautlRecipjent
I certifY that the statements I have made on this form and all attachments thereto are true, accurate and complete. I acknowledge that any knOWingly
faIlle or misleading statement may be punishable by fine or imprisonment OJ' both under applicable Jaw. I assure that J will fully comply with all
applicable civil rights statutes and BPA regulations.
--_.. ..... _.... ... _.. _ .•.. ~- ... . ....
A. Signature ofAuthorized Official B. Title of Authorized Official C. nalo
Stephen Waluk, Mayor
For the U.S. Environmental Protection Agency
] have reviewed tbe infonnation provided by the applicanVrecipient and hereby certifY that the applicant/recipient has submitted all preawatd
compliance infonnation required by 40 C.P.R. Parts 5 and 7; that based on the infonnation submitted, this application satisfies the preaward provisions
of 40C.F.R. Parts 5 and 7~ and that the applicant has given assurance that it wHi fully CQmply with all applicable civil rights statutes and EPA
regulations..
_
.-.--._... _.. _._-, ...... .... --_... - ..•__... _..... _-_._-_._. __ ... .. ......_... _---- .-_ ...----_.... _-" .. _..••...
~.,
._--~-----
__
.__..•.. _.... _._._ ... ._._'., .._...... __ ...... _.. - ... " •....
~-------
_
.-.__ .. _... .. __ ._....- ...... _... _.. _._ . .-----_._.
.
_
~
A. Signature of Authorized EPA Official B. Title of Authorized EPA Official C. Date
c, 'Ao ... ,_._ ....__.. _- ..._._..• _- ...--.-.... ------.-
"
.. I'orm
hPA .. are obsolete.
.. 4700~4 (Rev. 04/2009). PrevIOus editions
-
A £:bA Llldted Slates
.~" El1vlr~>nJl1eI1WI prpt(tcth:m Agoncy
EPA Project Cohtrbl Number
CERTIFICATION REGARDING LOBBYING

CERTIFICATION FOR CONTRACTS, GRANTS,
LOANS AND COOPERATIVE AGREEMENTS
The undersigned certifies, 10 the besl of his or hEIr knowledge and bellef, that:
(1) No Feaeral appropriated funds ha\le ~\l\ln paid or will be paid, by or on behalf,of Ihe
undel'l!ianed,lo,llnyperson fOr Infi4enclng or attempting to influence an offlcer,or
employee ot any agency, a Member of Congress, an officer Of empl<>yeeof ConQress, Iilr
an ernployeeof a Member of Congress In connection with the awarding of any Federal
contract" the making ofanyFederal grant, llie making 6fany Federelloan, the, 'emering
Into of any cooperative agreement, and Ihe extension, continuation, reneWal,
amendinent, or modifiClltl6n of any Federal contrMt, grant, loan, !lr cooperative
agreement.
(2) If any funds other than F'ec,leralapproprh:i\ed tunds have been paid or will be paid to
any person tor lnfluencing or attempting to Influence an officer or employee of any
agenCily, a Member of Congress in connection with this Federatcontraot, ,grant, loan, or
cooperativE! agreement, theunderslghed sh'all complete and IlJlbmlt stMdard Form-LLL,
"DiselosureForm to Report lobbying," 111 accordan'Cie with lis ililltructlons,
(3) The undarsign"ld shall require that the l~ng4age of this certlflea"!ion be included in the
award doouments lot atlsub-aW$rdsat all tiers (Including sub-oontrao~ll' subilrants, and
cOntracl$ \lnder grants, loans, and C09peratlve agreements) and thai all sub'reciplents
shall certify and disolose accordingly.
This ceillflCation isa maleilal represel1tatlbn of facl' ijpon Which rell.ao'Ce Was placejj When this
lrallSllcllonWas maile or enlered Inlo. SUbmill$ipn of this cert1!lOetlonis eprerl!qulslte for makiog
or /i!ntering Il1t9tl1!stran,SElctlon Imposed by s!3cllOn 1352, t1t1Ei31 U.S, ¢Pde. Any person who tails
to fll!3therequitild certlficatfon shall b19 Subjet:f\o e ciVil penalty of not less than $10,000 and not
more than $100,000 for elloh Iluqh failure,
Mr. Stephen Waluk. Mayor
typed Name & 1'1I1e ofAuthoif%edfiepresel'ltatlvll
Signature and Dale of Aulhorizlld Representative
EPA Form 6800·06 (Rev. 06/2008j' Previous editions ate obsolste.

DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMS
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348·0046
'See reverse for oublic burden disclosure.)
1. Type of Federal Action: 2. Status of Federal Action: 3, Report Type:
~ a. contract ~a. bid/offer/application ~ a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post-award For Material Change Only:
d.loan year quarter
e. loan guarantee date of last report
f. loan insurance
4. Name and Address of Reporting Entity: 5, If Reporting Entity In No.4 is a Sllbawardee, Enter Name
EI Primo Subawardoeo and Address of Prime:
Tier , ifknown:
City of Newport, RI
Utilities Department
70 Halsey Street
Newport, RI 02840
Conaresslonal District ifknown: RI-<lO' Congressional District, ,1 known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
U.S.EPA Congessionally Mandated Projects
CFDA Number, if applicable: 66.202
8. Federal Action Number, Ifknown: 9. Award Amount, /fknown:

N/A $ 485,000
10.a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if
( if individual, last name, first name, MI): different from No. 10a)
N/A (last name, first name, M/):
N/A
11 allon requElsled through this form Is authorlzed DY lIUe 31 U.S.C, sec\lon

Signature:
• 130Z. This dlsdost.Jre of lobbylnSl Ilctl"mes Is a malertlll repl6sentllllon of fact
upon wnlcfl rellal'lOl3 was placed by the lIer ilbove when !hI$- transActlon Willi milde
or enteretllnlo. thillo dltdoBure Is feqvlred flIXlWllnl to 31 U.S,C. 1352. Thillo Print Name: Stephen Waluk
Imormatlon wm be reported to the Congress seml-annuaUy end will be avaIlablE! for
publkl Inspeollbl'l. Any person Vrho falls to lila the requl1ed disclosure ahall be Title: Mayor
subJett \0 a dvil penalty of not less thai $10,000 and not more than $100,000 for
each 6uch fmlure. Telephone No.: 401-845-5435 Date:
Federal Use Only: I

Authorized for Local Reproduction
Standard Form LLL (Rev. 412012
INSTRUCTIONS FOR COMPLETION OF SF·LLL, DiSCLOSURE OF LOBBYING ACTIVITIES
This dIsclosure form shall be completed by Ihe reporting entity, Whether subawardee or prime Federal recipIent, at the inltiaUotl or receIpt of a covered Federal
action, or a material change to a prevIous filing, pursuant to title 31 U.S.C. section 1352. The filing of a fann Is required for each payment or agreementto make
payment to any lobbying entity for Influencing or attempting to Influence an officer or employeeof any agency, a Member of Congress. an officer or emplovee of
Congress, or an employeeof a Member of Congress In connectionwith a covered Federal action. Complateallitems that applyfor bath the Inltlal filing and material
change report, Refer to the Implementing guidance published by the Office of Management and BUdget for addilionalinformation.
1. Identify the type of covered Federal acllon for which lobbying activity Is and/or has been secured to Influence the outcome of a covered Federal action,
2, Identify the status of the covered Federal acUon.
3. Identify the: approprlaleclasslflcatlon of this report. If this is a followup report caused by a material change to the lnfonnatlan previously reported, enler
the year and quarter In which the change occurred. Enter the date of the last previouslysubmitted report by this reporting entity for this covered Federal
acUon.
4. Enter the full name, address, cIty, State and tip code of the reporting entity. Include Congressional District, If known. Check the approprlateclasslflcatlon
of the reporting entity that designatesIf Ills, or expects to be, a prime or subaward reclplent.ldenllfythe tIer of the subawardee,e.g., the firsl subawardee
of the prime Is the 1st tier. Subawards InclUde but are not limited to SUbcontracts, subgrants and contract awards under grants.
6. If the organization filing the report In Item 4 checks ~Subawardee,"then enter the full name, address, city, Stale and zip code of the prime Federal
recipient. Include Congressional Dlslrlct, If known,
6. Enter the name 01lhe Federal agency making the award or loan commltment.lnclude at least one organlzatlonallevel below agency name, If known. For
example, Department of TransportaUon, United States coast Guard.
1. Enter the Federal program name or description 'for the covered Federal action (Item 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans,' and loan commitments.
S. Enter the most appropriateFederalldenllfylng number available for the Federal Bctlon Identified In Item 1 (e.g., Request for Proposal (RFP) number;
Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number
••signed by the Federal.goney). Inetude pre".e" e.g., "RFP·DE-90-001."
g, For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan
commitment for the prime entity Identified in Item 4 or 6.
10. (a) Enter the full name, address. city, State and zIp code of the lobbying registrant under the Lobbying Dla.closure Aci of 1995 engaged by the reporting
en1l(y Identified In It8m 4 10 Influence the covered Federal action. .
(b) Enter the full names of the Indlvldual(s) performIng services, and Include full address If different from 10 (a). Enter Last Name, First Name, and
Middle Inillal (Mt).
11. The certlfylng official shall sign and date the form, print hislher name, litle, and telephone number.
According to the PapelWork Reduction Acl, as amended, no persons are requIred to respond to a collection of Information unless It displays a valid OMS Control
Number. The valid OMB control number for this Information collecllon Is OMS No. OJ48~0046. PUblic reporting burden for this collection of Informatlon Is
estimated to average 10 mlnules per response, Including time for reviewing h1structlons, searching existing data sources, gatherIng and maintaIning the data
needed, and compleling and reviewing the collection of information. Send comments regarding the burden esllmate or any other aspect of this collection of
Information, Including suggestions for redUCing this burden, to the Office of Managemenland Budget, PaperwoJ1< Reducllon Project (0348·0046), Washington,
DC 20503.
City ofNewport Department of Utilities
Project narrative
Easton Beach Stormwater UV Disinfection System
Contract 10-042
Project Description
The City of Newport Department of Utilities proposed construction project will consist of
the construction ofan ultraviolet disinfection system (UV), to be operated under stonn
event conditions. The system will treat the Moat, which is a manmade channel which
col1ects discharge fi'om a significant portion of the City ofNewport storm drainage
system, as well as lesser amounts from the Town of Middletown and The State of Rhode
Island Department of Transportation's roadways. The construction of this system is
anticipated to significantly reduce bacteria levels in the Moat's effluent to Easton's Bay.
The segment of the total UV disinfection system project that will be subject to the EPA
Earmark grant is only the purchase of the actual UV disinfection system by the
construction contractor from the manufactnrer and will exclude all other construction and
material cost involved in completing the entire project.
Output
The construction ofthe UV disinfection system will involve, but is not limited to, the
construction of the Moat diversion gate, treatment system inlet bar screen, cast in place
pump station, UV disinfection system, cast in place concrete diversion and outlet
channels, electrical and maintenance buildings, and site work including paving,
landscaping, gates, fencing, and lighting.
Outcomes
The principal environmental effect of the proposed UV disinfection system will be to

improve surface water quality, by reducing the discharge of pathogens, viruses and
bacteria to the downstream beaches. The disinfection system is designed and shall be
constructed to disinfect moat dischat'ges for up to a 1.2 inch storm (> 90% of all RI
storms) to the Rhode Island Department of Health Beach Closnre Standard of 104
counts/IOOml or less, of Enterococci bacteria.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 1
1 CONGRESS STREET, SUITE 1100
BOSTON, MASSACHUSETTS 02114·2023
..·.···{:[fiVlu,.,'
1 .,.f.
\.W
\
li
May 14,2010 ,', >
Julia A. Forgue, Director MAY \8 Z010 :.)

City of Newport, RI - Department of Utilities. , .•.:; ....
70 Halsey Street . r-reotor of Uftll~es
!.::\y I)! N~'f;:'::"{\.,:.:
Newport, RI 02840-1332
Dear Ms Forgue:
We are pleased to inform you that the City ofNewport is included on the fundiiig list in the EPA
sectio1\. of Public Law 1"11.88, the Agency's FY20 I0 Appropriations Act. An amount of
$485,000 has been appropriated to the City ofNewport, RI for UV disinfection system
improvements. It is important to note that this amount reflects a 3.0 percent reduction to take
into account the administration costs that may be incurred by the State for oversight of the
proposed project. Ifnecessary, we will inform the City of Newport of any revisions to the final
available grant amount after we coordinate with our state environn'iental, agency counterparts.
Special appropriation grants are governed by a specific set of guidelines issued for each
appropriation. We have enclosed a copy of the final guidelines,' titled "Award of Special
Appropriations Act Project Grants Authorized by the FY201 0 Appropriations Act", dated March
29, 2010 for your reference. It is expected that these FY 2010 guidelines will also available on
the following website later this summer:
hltp:/Iwww.epa.gov/owm/twfJi!an.v.elcwsrf/law.htm
:, i.'." , .~
Several of the more relevant requirements th'\t prospective grant recipients need to address
before the award of the grant include:
I. Provision and identification of the 45% local cost share for the project;
2. Provision of adequate documentation in the scope of work on the environmental results and
benefits of the proposed project;
3, Completion of applicable environmental review (National Environmental Policy Act).

The following on-line training website:
hltp:/Iwww.epa.gov/compliance/nepalepacompllanoe/saaptraining/index.html
provides an overview of EPA's environmental review process that must be addressed before a
grant award can take place;
4. Compliance with applicable procurement regulations (e.g. 40 CFR Part 31)

,.
Please also note that the Agency's emphasis on sustainable water infrastructure is on-going.
EPA is continuing to strongly encourage municipalitil:'s that are receiving water infrastructure
earmark grants to implement, if they have notd<if.e:so.already, a wide range of practices (e.g.
Toll F",e 01-888-372-7341

Internet Address (URL) 0 htlp:/Iwww.epa.govlreg;on1
AecycloCVRecvclable .Printed with Vegetable 011 Based Inks on Reoycled P81J6r (Minimum 30% Postconsumer)
·2·
asset management, environmental managen'\!(J;nh::,~t,ems, full cost pricing, water and energy
efficiency) to ens~re system sustainability ~,d (;'\<ii:ehy able to provide a more reliable level of
service to ~~u§t()mets and users. .
It is important'to nete that this is strictly a reimbursement grant where documentation of

incurred costs will be required to be submitted to the EPA for review and approval before a
reimbursement can be made.
A copy of a grant application package and is enclosed for your reference and use. Please note
that many of the necessary grant application and post-award forms may also be accessed on-line:
http://www.epa.gov/ogd/forms/forms.htm
or
http://www.epa. gov/region1/grants/
We have also included a grant applicatio.p preparation tips document that should provide you
with a better idea of the information that'should be submitted as part of the overall grant
application package pertaining to scope of work, the level of budget detail, and the
documentation of anticipated environmenta,l resu~ts.
" .
{" .' -.
Please submit a completed original grant aPR;!i9!i,fi?,\1"pas:kage, along with one copy, to Katie
Connors of my staff at the followin.g address: ".' ,
U.S. EPA
Municipal Assistance Unit (CMU)
5 Post Office Square - Suite 100
(Mail Code - OEP06-2)
Boston, MA 02109-3912
ATTN: Katie Connors
In addition, one copy of the grant application package should be sent to:
Jay Manning
Rhode Island Department of Environmental Management (RI OEM)
235 Promenade Street
Providence, RI 02908-5767
Should you have any questions regarding the grant application process, please contact Katie
Connors at (617) 918-1658, We look forw(~rd to working with you and your designated
representatives on your proposed water infrastructmc project.
-3-
Sincerely,
cJtW.cA C/(.w.:
£0;i'Jacqueline G. LeClair, Manager
f" Municipal Assistance Unit
cc: Jay Manning (w/o enclosures)

Richard Esten
Enclosures
City of Newport
REQUEST FOR
. CITY COUNCIL ACTION
To: Mayor Stephen C. Waluk & Mem~ of Jhe City Co
From: Edward F. Lavallee, City ManagW-
Date: March 11,2011
Subject: Award of Bid # 11~048 - Engineering Services for BUs
Main Evaluation
Staff Presentation: Kenneth R. Mason,Deputy Utilities Director-Enginee
RECOMMENDATION:
The Department of Utilities, Water Pollution Control Division staff recommends the award
Services for the Bliss Mine Force Main Evaluation, to BSI Engineering, Inc. of Boston, MAl .~....~ ~.~ •.__.. ~ • .
$85,001.64. Funding for this project will be provided from the Water Pollution Control Capital Improvement Program.
An allowance of $2,000 for Police Details was not included in the proposal by BSI however will be needed for this
project and will be paid directly by the City. The total recommended expenditure for this project shall be $87,001.64

As part of the City of Newport's CSO Long Term Control Plan, and in accordance with EPA Corrective Action Task 5,
an initial evaluation of the City's 14 pump stations was performed by United Water. This work was completed in
December 2010 and a report submitted to the EPA. One of the priority recommendations from this report indicated the
need to complete a comprehensive evaluation of the Bliss Mine pump station force main. The Bliss Mine force main is
constructed of 16" ductile iron pipe and is the second longest in the City at approximately 4,200 linear feet. The
Department of Utilities prepared an RFP to perform an evaluation of the force main to determine the pipelines current
integrity and estimated remaining lifetime. This project will include evaluation and testing of the pipeline at
approximate 1,000 foot intervals with test pits and will include the foHowing:
• Visual Inspection and pit depth measurement of the pipe.

• Soil testing to determine potentially corrosive soils.
• Ultrasonic testing of the pipe.
• Coupon sampling of the pipe if visual inspection and UT testing indicates a need to perform.
• The installation of a valved by-pass connection to aItow the City a backup cOlll1ection to the force main if
needed for maintenance or emergency purposes.
Upon completion of the field work and evaluation of the testing data, a report prepared by a registered professional
engineer will be delivered. The report shall discuss the current condition of the force main, any recommendations for
continued or long term inspections of the pipeline, and an estimate of its remaining useful life. Recommendations for
replacement or rehabilitation of the line with estimated costs will be provided if near term repairs are warranted.
The City solicited proposals from qualified engineering firms and received four (4) proposals with the fee schedule in a
sealed envelope on February 22, 2011. The review committee consisted of the Director of Utilities and the Deputy
Utilities Director-Engineering. The written proposals were individually evaluated based on criteria which included
relevant experience, thorough understanding of project, schedule, and quality control assurances. The firms were ranked
on the quality and relative merits of the written proposal. Upon completion of the review, the fee proposals of the firms
were opened and evaluated. The proposed firm, BSI Engineering, Inc. showed a clear understanding ofthe requirements
of the project, has considerable experience in this field, and provided the best value proposal. The firm which provided
the lowest cost proposal has under budgeted several critical components in their proposal including construction work to
install the bypass valve at the pump station and the excavation work for the test pits and the roadways. The review of
their proposal indicated these line items, in the opinion of staff, cannot be completed for the amount proposed. The
proposer estimated $8,400 for this work, where the other proposers estimated in the range of$30,000, in-line with costs
expected by staff. The summary of the technical review tabulation of the submittals which supports the review
committee's recommendation is attached.
The $2,000 police detail allowance is based upon field test pits which will be required in the roadways, which is
, proposed to occur over a five day. period

n1a
,FISCAL IMPACT
-X_ Currently Budgeted (Account 10-450-2500-50440) _ Requires additional appropriation _ No Fiscal Impact
Resolution
Proposal Tabulation
Technical review evaluation
Draft Contract (includes Exhibits for Scope of Services, project schedule, fee schedule)

THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No ..
RESOLVED: that the Contract for Engineering

Services for Bliss Mine Force
Main Evaluation (#11-048) between
the City of Newport and BSI
Engineering, Inc., is hereby
approved at a cost not to exceed
$85,001.64. An allowance of
$2,000 for Police Details shall
be authorized and the total cost
of the project shall not exceed
$87,001.64. The Mayor is
authorized to execute said
Contract and Agreement, on behalf
of the City, subject to favorable
review by the City Solicitor.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
Tabulation of BID # 11-048
Engineering Services
Bliss Mine Road Force Main Evaluation
(Utilities)
The following firms have submitted packages:
• Fay, Spofford & Thorndike, Burlington, MA

• Thielsch Engineering, Cranston, RI .
• BSI Engineering, Pembroke, MA
• Wright-Pierce, Providence, RI
Bid Closed: 22 Feb 2011

Engineering Services for Bliss Mine Force Main Evaluation
#11-048
Final Technical Review Tabulation
March, 2011
Rating: 10- Excellent; 7-9 - Good; 4-6- Average; 2-3 - Fair; 1- Poor
Proposer A.. B. c. D. Thorough F. Proposed G. Value of H. Description TOTAL

Tech. Min. 5 year Commitment understanding Schedule proposed of quality SCORE
qualifications relevant of ofobjectives and track fees control plan
of staff experience participants & scope per record for
to project proposed completing
assigned to scope projects on
proj. time
BSI Engineering 8
Boston, MA 7 8 8 8 7 $85,001.64 8 54
Fay, Spofford & 5

Thorndike 7 8 7 8 6 $149,306 8 49
Burlington, MA
Wright - Pierce 5
Providence, RI 6 7 7 9 6 $123,000 6 46
Thielsch Engineering 8
Cranston, RI 7 8 6 5 6 $70,757 5 45
DRAFT

CONTRACT AND AGREEMENT
THIS AGREEMENT, made this _ day of in the year 2011, by and
between the City of Newport, herein called the "City", party of the first part acting herein
through its Mayor, and BSI Engineering, Inc, hereinafter called the "Consultant", party of the
second part;
WITNESSETH: That the parties to these presents eaeh in consideration of the
undertakings, promises and agreements on the part of the other herein contained, have
undertaken, promised and agreed, and do hereby undertake, promise and agree, the party of the
first palt itselt; its successors and assigns, and the party of the second part for itself and heirs,
executors, administrators, successors and assigns as follows:
I. CONTRACT INCLUDES
The Consultant shall furnish all labor, materials, unless specifically excluded, equipment and
services for providing Engineering Services for Bliss Mine Road Force Main Evaluation and all
appurtenant work as defined in the Request for Proposals # 11-048, Exhibit "A" and the Scope of
Work submitted by the Consultant to the City, Exhibit "8", Consultant will provide services in a
timely, thorough, workmanlike and substantial manner, in every respect to the reasonable
satisfaction and approval of the Director of Utilities, in the manner and within the time
hereinafter limited, and in accordance with the Notice to Bidders, Request for Proposals
Engineering Services for Bliss Mine Road Force Main Evaluation #11-048, and Proposal
dated February 22, 2011 submitted to the City by the Consultant, which together constitute the
Contract Documents and the Contract Documents are hereby made a part of this Agreement as
fully as if the same were repeated at length herein, Change Orders issued hereafter, and any other
amendments executed by the City and the Consultant, shall become and be a part of this
Agreement,
II. RATE OF PROGRESS AND TIME OF COMPLETION
The Consultant shall commence work under this Contract promptly upon receipt of written
notification from the City to do so, The Consultant shall complete the work to the reasonable
satisfaction of the City. The Consultant is not responsible for delays caused by City review,
beyond that incorporated in the Scope of Work, changes to the Scope of Work, or other delays
beyond the Consultant's controL The Consultant shall provide services in accordance with the
Project Schedule attached as Exhibit "C", unless the schedule is adjusted as mutually agreed
between the City and the Consultant.
III. TERM OF AGREEMENT
Unless terminated earlier in accordance with the terms of this Agreement, this Agreement shall
terminate on September 30, 2011. Throughout such time, all fees and work specifications as
identified herein shall remain in effect.
IV. FURNISHING AND OWNERSHIP OF PLANS, DATA AND REPORTS
The tracing of all drawings, the copies of computations, other calculations and notes, together
with all other data and reports completed and accepted under this Contract are instruments of
service, shall bear the endorsement ofthe Consultant, and shall become the propelty of the City
upon payment therefor, except for the seal or stamp of the Consultant. The City may use this
material for the specific purpose contemplated under this Agreement. Any use or reuse of any of
the foregoing materials for anything other than the specific purpose contemplated under this
Agreement, or alteration of any of the foregoing materials, shall be at the City's sole risk and
without legal liability to the Consultant. Notwithstanding the foregoing, it is understood and
agreed that the Consultant's use of its proprietary computer software, methodology, procedures
or other proprietary infonnation in coooootion with an assignment shall not give the City or
anyone else any rights with respect to such proprietary computer software, methodology,
procedures or other proprietary information, and the City agrees to keep confidential and not
disclose such proprietary information to any third parties.
The Consultant shall not use any ofthe original data or plans completed under this Contract for
any purpose (excluding marketing of the firm) without first obtaining the permission ofthe City.
V. PAYMENT
The Consultant's fee for the professional services to be rendered under the "Scope of Work"
shall consist of reimbursement of actual costs, expenses and profits directly attributable to this
Agreement, as described herein.
The City agrees to pay the Consultant for work done by the Consultant at the not to exceed fee of
$85,001.64 in accordance with the Fee Schedule identified as "Exhibit D". Partial payments will
be made on a monthly basis in proportion to the percentage of work completed and the balance
ofpayment made when all work identified in the Scope of Work is completed. The lump sum fee
includes actual out of pocket expenses such as mileage, parking, tolls, telephone, computer,
printing, and other miscellaneous costs incurred specifically for this project.
VL PROGRESS PAYMENTS
Payments for the work pelformed by the Consultant under the terms of this Contract shall be
made as the work progresses, as follows:
1. Progress payments against the specified fee and/or fees as designated herein under
Section V "Payment" may be made monthly in proportion to the value of the work
performed in each calendar month; such work being documented by submission to the
City by the Consultant of monthly progress reports for work covered by this contract
2
showing the amount of work performed, both percentage and dollar wise, duly attested,
for each phase ofthe required services covered by this Contract.
2. Miscellaneous expenses will be invoiced monthly to reflect actual costs incurred.
3. Invoice vouchers submitted for progress payments shall be consistent with an agreed
upon format.
4. Final payment shall be made within sixty (60) days after receipt, acceptance and
approval by the Department of Utilities of the final invoice voucher and, when required
or requested by the City, of all the engineering and related services enumerated herein
under "SCOPE OF WORK", Exhibit "B".
5. The acceptance of final payment by the Consultant shall operate as a release and be a
release to the City, and any agent, from all claim and liability to the Consultant for
payment for anything done or furnished for or relating to the work under this Contract,
or for any act or neglect of the City or any of its agents, insofar as the execution of this
Contract is concerned. The foregoing release shall not apply to the Consultant's claims
based on claims of third parties asserted after final payment for personal or bodily
injury, including death, or damage to propelty, or both, nor shall it apply to the
Consultant's counterclaims, cross claims, or affirmative defenses in any legal action.
6. In accordance with City Standards, all invoice vouchers shall be paid within thirty (30)
days of receipt of any such invoice voucher, unless disputed.
VII. CONSULTANT'S PERFORMANCE
The following general conditions and stipUlations shall apply to this Contract:
I. All the services rcndered pursuant to this Contract shall conform to the standards
prescribed by the City and its Director of Utilities.
2. The Consultant wan'ants that helshe has not employed or retained any company or
person, other than a bona fide employee working solely for the Consultant, to solicit or
secure this Contract and that helshe has not paid or agreed to pay any company or person
other than a bona fide employee working solely for the Consultant, any fee, commission,
percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making ofthis Contract. For breach or violation of this warranty the
City shall have the right to annul this contract price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage, brokeragc fee, gift, or
contingent fee.
3. The Consultant shall not engage, on a full or part-time or other basis during the period of
this Contract, any professional or technical,personnel who are or have been at any time
during the period of this Contract in the employ of the City, except regularly retired
employees, without the written consent of the public employer of such person.
3
4. The Consultant shall maintain a suitable and acceptable working office or offices within
the State, or convenient thereto. The location and acceptability of said working office or
offices shall be subject to deternlination by the City.
5. The Consultant shall not sublet any of the work contemplated by this Contract without
approval of the City. Any employee of the Consultant who is declared undesirable to the
City shall be removed from the project and shall not again be employed for any service
under this Contract.
6. The Consultant shall comply with all State, Federal and local statutes, ordinances and
regulations applicable to the execution and the perfonnance of this Contract and shall
procure all necessary licenses and pennits.
7. The Consultant and his/her subcontractors are to maintain all project books, documents,
papers accounting records and other evidence pertaining to cost incurred, and to make
such material available at their respective offices at all reasonable times during the
contract period a'nd for three (3) years from the date of final payment under the Contract
for inspection by the City or any authorized representatives of government, and copies'
thereof shall be furnished if requested.
8. In developing surveys, plans and drawings for this project, the Consultant shall consult
with the City with any phase involved in the proposed project, as noted in the Scope of
Work.
VIII. LIABILITY
I. The Consultant agrees that his/her employees, sub-consultants, or agents possess the
experience, knowledge, and character necessary to qualify them individually for the
particular duties they perfonn.
2. The Consultant shall be liable for all damage caused by its negligent acts, or its errors
or omissions in its services under this Contract or any supplements to this Contract,
and shall indemnify and save hannless that City and all its officers, agents with
written contracts with the City evidencing such status, and servants (each a City
Indemnitee) against any claims, suits, actions, damages, liabilities, and direct costs
resulting from any negligent acts, errors and omissions willful or reckless
misconduct, or negligent' perfonnance of the Consultant, except to the extent caused
by the negligent acts, errors, omissions, willful or reckless misconduct of any City
Indemnitee, in any forum, brought as a result of such negligent acts, errors, or
omissions, willful or reckless misconduct or negligent pertonnance, and shall carry
liability insurance for that purpose, as specified by the City.
IX. INSURANCE
A. The Consultant shall procure and maintain, at its own expense during the life of the
Contract, insurance liability for damages imposed by law, of the kinds and in the
amounts specified, with insurance companies authorized to do business in'the State. The
insurance shall cover all work under this Contract, whether perfonned by the Consultant
4
· or by subconsultant. Before commencing the work, the Consultant shall furnish
certificates of insurance in the fonn satisfactory to the City certifying that the polices will
not be changed or canceled until 30-day written notice has been given to the City. The
types of insurance are as follows:
1. Statutory Workers Compensation and Employers' Liability Insurance for all of

his/her employees to be engaged in work on the project under this Contract, and in
case any such work is sublet, the Consultant shall require the sub-consultant
similarly to provide,
2. Workers Compensation and Employers' Liability Insurance for all ofhislher

employees to be engaged in such work. The Consultant shall file certificates with
the Department of Utilities Contract Administrator showing this insurance on behalf
of all employees of the Consultant has been purchased prior to award of this
Contract.
B. The Consultant shall also can'y fuII Professional Services Liability Insurance for errors
and omissions, with a minimum aggregate amount of $1,000,000, This insurance shall
be obtained by the Consultant at no direct cost to the City and shall remain in force from
the date this Contract is executed to as long as liability may accrue under State Statute,
Rhode Island General Laws (9-1-25 and 9-1-29),
C. The Consultant shall carry Liability and Property Damage Insurance with coverage in
the folIowing amounts:
(a) Bodily injury liability: $500,000 each person $1,000,000 each occurrence,
(b) Property damage liability: $500,000 each occurrence $1,000,000 aggregate.
D. No .cancelIation of said insurance, whether by the insurers or by the insured, shall be

valid unless written notice thereof is given by the party proposing cancelIation to the
other party and to the City at least thirty (30) days prior to the intended effective date
thereof which date shaII be expressed in said notice. Notice of cancellation sent by the
party proposing cancellation by registered mail, postage prepaid, with a return receipt of
addressee requested, and executed shaII constitute proof of submissionof said
certificate. An affidavit from any officer, employee or agent, duly authorized by the
insured, shaII be prima facie evidence that the notice was sent. This section shall apply
to the legal representative, trustee, and the successor in interest of such Consultant.
E. The failure of the Consultant to maintain insurance coverage in accordance with the
tenns ofthis Contract shall constitute a violation of this Contract. Such failure may
resnlt in telmination of the contract, at the option of the City,
F. The Consultant shall take notice that the cancellation of any insurance under this
Contract shall not affect the obligation of the Consultant to maintain each coverage, or
hislher obligations under Section IX ("Insurance") of this Contract, or his liability under
Section VIII (Liability") of this Contract.
G. The Consultant shall also take notice that hislher insurer must be licensed to do business
in the State of Rhode Island,
5
H. The Consultant shall file copies of all required insurance certificates with the City. All
insurance certificates mentioned in this Article shall be attached to this Contract prior to
award as Exhibit E.
X. SUPPLEMENTAL AGREEMENTS
No change in the character or extent ofthe work to be perfonned by the Consultant and affecting
the completion date or fee schedule shall be made except by supplemental agreement in writing
between the City and the Consultant. The supplemental agreement will set fmih the proposed
work, ant extension of time for completion, if required, and adjustment, if any. of the fee to be
paid to the Consultant.
In any case where the Consultant believes extra compensation is due him/her for work and
services not covered by this Contract or Supplement thereto, he/she shall notify the City in
writing of his/her intention to seek such compensation before he/she begins the work. The
request must be passed upon by the City. In the case where the request is detelmined to be
justified, it shall be allowed and paid for as Extra Work!Additional Work in accordance with the
tenns of a supplemental agreement entered into before such work is started.
XI. SPECIAL REQUIREMENT
Rhode Island General L!jw, Title 5, Chapter 8, prohibits any person and/or finn from practicing
and/or offering to practice engineering in the State of Rhode Island without first being registered
with the Rhode Island Board of Registration for Professional Engineers.
In accordance with those requirements, the signatories hereto certify to the City that the firm
and/or individual or an individual within the finn has a current valid registration and/or
certificate of authorization (as appropriate) issued by the Rhode Island Board of Registration for
Professional Engineers authorizing it or them to practice or offer to practice engineering within
the State of Rhode Island. The signatories hereto further expressly agree that in the event that
such registration and/or certification shall become invalid during any period oftime in which this
contract is in
force, the City may tenninate this contract for cause upon written notice, said tennination being
without penalty to the City.
The firm and/or individual hereto further acknowledge that they are in possession of a current
valid registration and/or certification issued by the Rhode Island Board of Registration for
Professional Engineers which shall be at all times an essential requirement of this contract. This
contract may be tenninated at any time in which such registration or certification is not current
and valid in accordance with the provisions of Title 5, Chapter 8, ofthe Rhode Island General
Laws and the Rules and Registration for Professional Engineers.
XII. ADDITIONAL TERMS
I. The failure of either paliy to enforce at any time any of the provisions of the Contract, or
to exercise any option which is herein provided, 01' to require at any time performance by
the other party of any of the provisions hereof, shall in no way be cOl\strued to be a
6
waiver of such provisions, nor in any way to affect the validity of this Contract of any
part thereof, or the right ofthe City or the Consultant to thereafter enforce each and every
provision.
2. This Contract shall inure to the benefit of and be binding upon the heirs, executors,
administrators, assignees, and the successors of the respective parties hereto.
3. Should any part, telm, or provision of this Contract be by a court of competent

jurisdiction declared invalid, illegal or in conflict with any law ofthe City, State or the
United States, the validity of the remaining portions or provisions shall not be affected
thereby.
XIII. INDEMNITY
The Consultant shall indemnify, defend and hold harmless the City, and its elected and appointed
officers, directors, and employees (each a "City Indemnitee"), from and against (and pay the full
amount of) any and all Loss-and-Expense incurred by a City Indemnitee to third parties arising
from or in connection with: (I) any failure by the Consultant to perform its obligations under
this Contract; or (2) the negligence or willful misconduct of the Consultant or any of its officers,
directors, employees, representatives, agents or Subcontractors in connection with this Contract,
except to the extent caused by the negligence or willful misconduct of any City Indemnitee. The
Consultant's indemnity obligations hereunder shall not be limited by any coverage exclusions or
other provisions in any insurance policy maintained by the Consultant which is intended to
respond to such events. A City Indemnitee shall promptly notify the Consultant of the assertion
of any claim against it for which it is entitled to be indemnified hereunder, and the Consultant
shall have the right to assume the defense of the claim in any Legal Proceeding and to approve
any settlement of the claim. These indemnification provisions are for the protection of the City
Indemnitees only and shall not establish, of themselves, any liability to third parties. The
provisions of this Section shall survive termination of this Consulting Contract.
XIV, TERMINATION BY THE CITY
The City reserves the right to abandon, suspend or terminate the services of this Contract, or any
part thereof, at any time, by giving written notice to the Consultant. Upon receipt of such written
notification from the City, the Consultant shall cease operations on the part of the work of the
Contract stipulated. Any finished or unfinished work products prepared, developed, fumished,
or obtained under the terms of this Contract on behalf of the City, shall become the property of
the City, deliverable to them as directtid upon payment to the Consultant.
The Consultant shall be entitled to payment, calculated in accordance with Articles V, VI and X
for any uncompensated services satisfactorily perfOimed and expenses incurred prior to the final
date of the written notice to abandon, suspend or terminate the services under this Contract, and
for authorization services performed and expenses and costs incun'ed in effectuating such
abandonment, suspension or termination.
Abandonment, suspension or termination of the Contract shall in no way limit any legal rights of
the City with respect to the Consultant's services performed before such abandonment,
suspension, or tennination.
7
XV. EXECUTION OF CONTRACT
IN WITNESS HEREOF, the said parties hereto have caused this instrument to be signed by
their duly constituted officers, attested, and sealed pursuant to proper resolutions.
By:~~ ,."..,.._ _
(Party ofthe First Part (Signature)
Stephen C. Wah,lk, Mayor

City of Newport, RI
Witness (Printed Name and Title)
By: -,-_-,-_
Party of the Second Palt (Signature)
Approved as to Form By:
Joseph J. Nicholson, Jr.

City Solicitor
8
EXHIBIT A
CITY OF NEWPORT
DEPARTMENT OF UTILITIES
WATER POLLUTION CONTROL DIVISION
REQUEST FOR PROPOSALS
ENGINEERING SERVICES FOR
BLISS MINE ROAD FORCE MAIN EVALUATION
#11-048
I. INTRODUCTION
The City ofNewport (City) requests proposals from consulting engineering firms
(Consultant) for engineering services associated with improvements to the City's sanitary
sewer collection system. The required engineering services shall include the
investigation, evaluation and preparation of a condition assessment report of the Bliss
Mine Force Main. The need for a comprehensive evaluation ofthe force main had been
identified during an initial evaluation of all the City pump stations and force mains
conducted in December 2010.
Funding for the Bliss Mine Road Force Main Evaluation is funded by sewer rates as part
of the Water Pollution Control Division's capital improvement program.
II. STATEMENT OF THE PROJECT
The City's wastewater collection system consists of approximately 90 miles of gravity

sewers and force mains. An additional 9 miles of privately owned and operated force
mains primarily located in the Newport Neck area are also connected to the City's
collection system. The City also receives wastewater flow from the Town of Middletown
through two (2) force mains and flow fi'om Naval Station Newport through three (3) force
mains. Of these five (5) force main connections, four (4) discharge directly at the
WWTF and one (1), Middletown's Wave Ave. Pump Station, discharges into the City's
collection system. The City's collection system consists of gravity sewers and force
mains ranging in diameter from 6 to 84 inches. In addition there are fourteen pump
stations, two csa treatment facilities, one csa storage conduit, three permitted csa
outfalls and one wastewater treatment facility.
It is the intent of the City to continue a systematic and prioritized program of

rehabilitating its aging sanital'y sewer collection and pumping system. One of the next
phases of sewer system improvements includes the evaluation of the Bliss Mine Road
force main.
The Bliss Mine Road Pump Station is located at 86 Ellery Road at an elevation of 5 MSL.
The station is located 1.8 miles from the Water Pollution Control Facility. The station
and force main was constructed in 1978 and an upgrade to the pump station was
completed in 2002. The Bliss Mine force main is constructed of 16" ductile iron pipe and
is the second longest in the City at approximately 4,200 linear feet. It is the intent ofthe
City to conduct a condition assessment ofthe pipeline integrity. Plans of the force main
are available for review at the Newport Utilities depal'tment office, 70 Halsey Street,
Newport.
III. SCOPE OF SERVICES
The Scope of Work outlined within this request calls attention to certain objectives and
general wOI'k items anticipated as pal't of this sanitary sewer collection and pump system
project. The RFP does not propose to identify all details of the approach 01' the
comprehensive Scope of Services to be used by the Consultant. The Dep31'tment of
Utilities recognizes the competence of quaJified firms and encourages them to utilize
their professional judgment and expertise in defining their approach to this project As
such, the Consultants are encouraged to review the scope of services presented herein and
make independent suggestions and recommendations in their proposal if it is felt that it
will best meet the objectives of this RFP and best serve the needs of the City.
Respondents to this RFP are to provide a Scope of Work with all phases and tasks
defined. A detailed cost proposal shall accompany, correlating all fees to complete the
tasks. All work related to the evaluation ofthe force main shall be under the direction and
supervision of a professional engineel' registered in the State of Rhode Island.
The City anticipates the Scope of Work to include, but not necessarily be limited to, the
following elements:
J. Kick-off Meeting
The Consultant shall meet with City staff immediately following the issuance of the
Notice to Proceed. This meeting will provide the opportunity for discussion regarding
thc City's goals and concerns regarding the project. The scope of services, schedule
and project milestones will be reviewed.
2. Evaluation and Testing
The Department of Utilities anticipates a comprehensive evaluation and testing of the

Bliss Mine Force Main to determine the pipelines current integrity and estimated
remaining lifetime.
Thisevaluation and testing should be conducted at approximate J,000 foot intervals

with test pits and should include at a minimum but not necessarily limited to:
• Visual Inspection and pit depth measurement of the pipe.

• Soil Testing at depths similar to the pipe to determine potentially corrosive
soils. The soils should at a minimum be tested fOI' reactivity, reduction
potential, sulfides, moisture, and pH.
• Ultrasonic testing of the pipe.
• Coupon sampling of the pipe ifvisual inspection and UT testing indicates a
need to perform.
In addition to the above testing a complete section of pipe is proposed to be removed

in front of the Bliss Mine Pump Station in order to perform a detailed condition
assessment. The removed section of pipe shall be replaced to include a valved by-
pass connection to allow the City a backup connection to the force main if needed for
maintenance or emergency purposes.
3. Assessment Report
The intent of this assessment report shall be to report the current condition of the
force main and to provide an estimate of its remaining useful life. The consultant
shall provide copies of all test results conducted during this evaluation. The l'epOli
shall include any recommendations for continued regular or long tel'lTI inspections of
the pipeline.
4. Meetings
The Consultant shall meet with City staff throughout the project as they deem
necessary within their proposed Scope of Services. The City anticipates a minimum
of two (2) meetings in addition to the kick off meeting.
IV. RESPONSE TO RFP
Four (4) copies of the written proposal from qualified consultants shall be submitted to
the Purchasing Office, City Hall, 43 Broadway, Newport, RI 02840 by February 22,
201 I. Submittals should be clearly marked: "Engineering Services for Bliss Mine Force
Main Evaluation 11-048"
It is the Consultant's responsibility to ensure that the submission is delivered by the time
and at the place described above. Submission received prior to the time of opening will
be securely kept unopened. No responsibility will attach to any officer 01' person for the
premature opening of a submission not properly addressed and identified. Any
submission received after the time and date specified shall not be considered even if it is
determined by the City that such non-arrival before the time set for opening was due
solely to delay in the mails for which the submitter is not responsible, Conditional 01'
qualified submission will not be accepted.
Proposals shall contain the following, as a minimum:
I. A qualification statement that includes, at a minimum: a company bl'Ochure,

statement ofthe Consultant's approach for the pl'Oject described, description of the
background, experience and involvement of personnel who will be assigned to this
project, listing of projects similar in scope with contacts identified for reference and
any other infOimation the Consultant deems pertinent in assisting the City in
reviewing their capabilities and qualifications with respect to the proposed project.
Qualification statements shall clearly demonstl'ate full knowledge, understanding, and
experience in the methods, techniques, and guidelines requil'ed for the performancc of
the required tasks.
2. A description of the function of each member of the Consultant's project team
assigned for the duration ofthe project shall be provided with his 01' her projected
individual time commitments and rates. Similar information shall be provided tor any
sub-consultants that the Consultant intends to employ for this project.
3. Detailed proposal of the Consultants approach to the project in addition to a Scope of

Work with specific tasks and time schedules identified for the pump station
evaluation.
4. Proposals shall include a not to exceed fee schedule identifying each distinct task of
the Scope of Work with houl's, labor categol'y, hourly rate, and mal'kup. All printing,
t!'avel and othel' miscellaneous costs shall be identified and included in the total not to
exceed fee.
5. One (1) original and three (3) copies of the fee schedule shall be submitted in a
single sealed envelope under separate cover. This envelope will not be opened
until the initial evaluation and rating of the proposals has been completed. The
fee schedule shall be signed by an authorized officer of the Consulting Firm.
6. A narrative description of the Consultant's quality control plan
7. References, especially for similar engineering consulting services fol' sanitary sewel'
impl'ovement projects, and any other information the Company deems pertinent.
V. SELECTION PROCESS AND CRITERIA
This is a Request for Proposal, not a Request for Bid; responses will be evaluated on the
basis of the relative merits of the proposal, in addition to fee. The award will be based
upon the lowest-costing qualified evaluated proposal that best meets the requirements of
the City. Written proposals will be reviewed and evaluated by City stafftt'om the
Department of Utilities, Water PollutionContl'ol Division. Staff may ask questions ofa
clarifying nature if deemed necessary. Also, if necessary, interviews may be scheduled
with the top thl'ee (3) finTIs ranked as fully qualified and meeting the objectives of this
RFP based on the information provided within the written proposal. The written
proposals Shall be ranked based on the selection eritel'ia identified in this section. The
finall'anking of the proposals including the fee schedule shall be in the ordel' determined
by the selection committee to be in the best interest of the City for the project. The City is
not required to fUl'llish an explanation of how a proposalmted or a statement of reasons
why a particular proposal was not selected as most advantageous fOl' the City.
The following criteria will be used to evaluate the responses:
I. Technical qualifications and experience of project team and technical staff assigned
to each phase ofthe project as described in the fil'm's design appl'oaeh.
2. Minimum of five yeal's of l'elevant experience in evaluation of pipelines.
3. Commitment of the pal'tieipants assigned to this project..

4. Demonstration of Consultant's thol'Ough understanding of the project objectives and
scope.
5. Proposed schedule and track record for completing projects on time and within
budget.
6. Value of proposed fees.
7. Methods for assul'ing product quality, cost control, delivery schedule, and project
oversight.
VI. GENERAL CONDITIONS
1. The City reserves the right to reject any and all proposals, to waive any informality,
to request interviews of consultants prior to award and to select and negotiate the
consultant services inthe.best interest of the City.
2. The Consultant shall guarantee to perform the services offered and the total price of
the proposal for a period of not less than 60 days from the deadline for submission of
proposals.
3. The City reserves the right to accept all or part of any proposal, and to negotiate a
contract for services and cost with the selected Consultant.
4. The Consultant shall provide all necessary personnel, materials and equipment to
perform and complete all work under this proposal.
5. All original documents and drawings shall become the property of the City ailer
completion of the Consultant's work.
6. The City of NewpoIt intends to recommend award of a contract to the City Council
for the requested services within one (I) month of receipt of the proposals. The
Consultant shall be prepared to commence work immediately upon execution of a
contract with the City.
7. Awards will not be made to any person, firm 01' company in default of a contract with
the City, the State of Rhode Island 01' the Federal Government.
8. The Consultant hereby agrees that it will assign to the City of Newport all cause of
action that it may acquire under the anti-trust laws of Rhode Island and the United
States as the result of conspiracies, combination of contracts in restraint of trade
which affect the price of goods or services obtained by the City under this contract if
so requested by the City ofNewport.
9. Unless otherwise stated, invoices are to be submitted in duplicate upon delivery of

service to the City c/o Newport Water Division. The invoice must include an
itemization of all services provided, including unit list pl'ice, net price, extensions and
total amount(s) due.
,.'j
10. Unless otherwise stated, payment will be made within thirty (30) days of the
completion of the service, in an acceptable fashion, to the City and receipt of invoice,
whichevel' is later.
II. City is exempt from all sales and Federal excise taxes. Our exemption number is
05-6000-260. Please bill less these taxes.
12. The City of Newport's obligations to pay any amount due under a contract al'e
contingent upon availability and continuation of funds for the purpose. The City may
terminate the contract, for non-appropriation offunds, and all payment obligations of
the City cease on the date of termination.
13. None of the services covered by the contract shall be assigned in full or in part, 01'
sub-contracted without the prior approval of the City.
14. This contract will be for the services described above; however, this agreement
should not be considered exclusive. As deemed necessary, the City reserves the right
to obtain these services fi'0111 any other vendor.
15. Unless otherwise specified all costs listed are firm for the term of the contract.
16. Neither partY,shall be liable for any inability to perform its' obligations undel' any
subsequent agreement due to war, riot, insurrection, civil commotion, fire, flood,
earthquake, storm 01' other act of God.
17. Notification of the parties shall be considered to have been constructively received
when it is mailed via the United States Postal Service 01' delivered in hand to the
parties as stated in the contl'Sct.
18. Ifany ofthe GENERAL TERMS AND CONDITIONS is held to be invalid or

unenforceable, it will be construed to have the broadest interpretation which would
make it valid and enforceable under such holding. Invalidity 01' unenforceability of a
term or condition will not affect any of the other GENERAL TERMS AND
CONDITIONS.
19. Each and every provision and clause required by law to be inserted in any subsequent
Contract shall be deemed to be inserted herein and the Contract shall be 'read and
enforced as though it were included herein, and ifthl'Ough mistake or otherwise any
such provision is not inserted, 01' is not correctly inserted, then upon the application
of either party, the Contract shall forthwith be physically amended to make such
insertion 01' correction.
20. Proposal shall also mean quotation, bid, offer, qualification/experience statement, and
services. Proposers shall also mean vendors, offerors, bidders, 01' any person 01' firm
responding to a Request for Proposals.
21. All contracts entered into by the City of NewpoIt shall be govel'l1ed by the Laws of
the State of Rhode Island. Any disputes shall be resolved within the venue of the
State of Rhode Island and Newport County.
22. The Consultant selected for this project shall procure and maintain the following
types of insurance:
• Statutory Workers Compensation and Employer's Liability Insurance

• Professional Services Liability Insurance for errors and omissions
($1,000,000.00 minimum)
• Liability and Property Damage Insurance (a) Bodily injury liability: $500,000
each person, $1,000,000 each occurrence; (b) Property damage liability:
$500,000 each occurrence, $1,000,000 aggregate.
VII. TECHNICAL POINTS OF CONTACT
Any questions regarding the RFP may be directed to Kenneth R. Mason, P.E., Deputy Utilities
Director-Engineering at (40 I) 845-5614.
EXHIBITB
I
•
11
USI Engineering, Inc.
Project Approach
Civil & Subsurface Utility Engineers
Ii
Based on the scope of work requested in RFP # 11-048 and our past experience in the condition
II assessment of sewer force mains, BSI Engineering, Inc. recommends the following project approach:
Ii Preliminary Condition Assessment Phase
•• • Upon receipt of the Notice to Proceed, BSI Engineering, Inc. shall meet with the city staff
to discuss the overall goals and concerns regarding the results of this project. BSI will
review our scope of services in its entirety inclUding the proposed project schedule.
•• • BSI Engineering, Inc. recommends performing quality level B (QL-B) utility investigations
to horizontally locate the sewer force main along the entire 4,200 linear foot run. Quality
level B utility information as defined by CIIASCE 38-02 is utility information that is
•• derived by establishing the approximate surface horizontal location of a utility by using

electronic methods such as radio frequency or electromagnetic detection methods.
Providing QL-B utility location services is a crucial step in the condition assessment
••
process. We intend to use the QL-B information obtained to help select the best possible
locations for the proposed condition assessment test pits. This will also help to aSsure that
we will find the force main where we decide to locate the test pits rather than simply going
off of record information which could result in a potential miss bringing about excessive
•• and costly exaction work.

While we are conducting the QL-B investigations we will utilize our equipment's depth
reading capabilities to locate high points along the 4,200 linear foot run. We have found in
••
the past that high points in a OJ sewer force main that do not have air release valves are
subject to more corrosive environments due to gas pockets that can build up and become
trapped and corrode the iron at a much more aggressive rate. BSI anticipates that (6) six
condition assessment test pits will be necessary in order to provide an accurate assessment
••
of the Bliss Mine Road Force Main.
• BSI Engineering, Inc. will pre-mark the proposed condition assessment test pit locations in
areas where we have the best chance of a clear utility window access to the 16" force main.
•• BSI will prOVide the necessary one call utility mark out service and obtain all necessary
excavation and street occupancy permits prior to the commencement of excavation
activities. A meeting with the department of utilities will be scheduled to review the results
from the Preliminary Condition Assessment Phase.
•• Condition Assessment Evaluation and Testing Phase

• Prior to conduction ultra sonic condition assessment methods to the 16" force main, it is
••
necessary to calibrate the ultra sonic equipment On a section of pipe of known thickness and
of equal exposure to deterioration as the force main. By removing a section of the force
main in front of the Bliss Mine Pump Station but prior to the first sewer valve, BSI will be
able to perform the necessary equipment calibration and provide a 24" section of force
••
main pipe to our strength and materials research laboratory sub-consultant, Mass Materials
Research, for a full strength and materials assessment of the pipe section as compared
against new pipe material of the same composition. This will assist BSI in the
determination of the remaining years of service that is possible from the Bliss Mine Force
•• Main.
BSI has contracted with East Coast Construction who will perform the removal of the force
main pipe section and also install the requested vaived by-pass connection. Specific details
••
of the by-pass valve installation and the force main pipe section removal will be further
discussed during the kick-off meeting.
61 Pa g e
City of Newport Department of Utilities Bliss Mine Road Sewer Force Main Condition Assessment
•• BSI Engineering, Inc. Civil & Subsurface Utility Engineers
•• • Once the ultra sonic testing equipment has been calibrated from the section of force main
that will be removed by East Coast Construction we will be able to proceed with
•• excavation activities on the (6) proposed condition assessment test pit locations as
determined during the preliminary condition assessment phase of the project. BSI intends
to utilize a combination of non-destructive vacuum excavation with the assistance ofa PC-
27 mini excavator in order to safely expose the Bliss Mine Force Main without causing
•• damage to the system. For each condition assessment test pit, BSI will excavate roughly a
4' x 6' test pit to gain access to the Bliss Mine Force Main. BSI will then utilize our custom
built aluminum trench box for trench support and dewatering pumps as necessary to control
••
ground water infiltration while conducting our assessment tests.
BS] will grind a small section of pipe clean and conduct the ultra sonic con4ition
assessment test at each of the (6) proposed test pit locations. BS] will also collect soil
samples and conduct a visual inspection of the soil )llorphology at each test pit location.
•• In addition, BSI also recommends to conduct up to (2) additional test pits approximately
100' or so to the left or right of the sewer force main at locations to be determined. These
test pits will allow BSI to test for the current ground water level and the seasonal high
•• ground water level based on the soil morphology and helps to determine if the seasonal
fluctuations in the ground water ievels are playing a part In advancing the deterioration of
the pipe line. A meeting with the department of utilities will be scheduled to review the
results from the Condition Assessment Evaluation and Testing Phase.
•• • At this time BSI Engineering, Inc. does not recommend conducting coupon sampling of the
Bliss Mine Road Fon::e Main. The section of pipe removed in front of the pump station will
••
be sufficient for our metallurgical testing needs.
• 'Soil samples collected from all condition assessment pits will be sent to Geolabs, Inc for
evaluation of soil reactivity, reduction potential, sulfides, moisture, and pH.
•• Condition Assessment Reporting Phase
• BSI Engineering, Inc. will provide a full condition assessment report stamped by a
•• registered engineer in the State of Rhode Island. The report will contain but is not limited to
the following:
• Findings from the ultra sonic condition assessment testing
'•.
• Soil sample evaluations and testing results
• Metallurgical testing results from the removed pipe section
• Ground water and soil morphology evaluation
• Overall Condition Assessment & remaining service life
•• The report shall Include any recommendations for continued regular or long term
inspections of the pipeline and shall also include copies of all reports obtained through our
sub-consultants.
••
••
•• City of Newport Department of Utilities
71 Pa g e
Bliss Mine Road Sewer Force Main Condition Assessment
•
II
II Bid/Proposal Sheet # 11-048
II
•• I/We BSI Engineering, Inc.
Date: 2/22/2011
the undersigned do hereby propose
•• to furnish the City of Newport, Rhode Island, for proposals - Engilleering Services
for Bliss Mine Road Force Main Evaluation in accordance with all terms and
specifications contained herein:
•• 1. Attach your Proposal
•• ~~
•• BSI Engineering,
NAME OF FIRM
Inc. Project Manager
SIGNATURE & TITLE
•• 100 Hallet Street, Boston, MA 02124

ADDRESS, CITY, ZIP CODE
617-265-4200 617-209-1297
•• TELEPHONE NUMBER FAX NUMBER
•• bleclair@bsieng.com
E-MAIL ADDRESS
•• NOTE:
• On a separate attachment, or use the one provided, list the Officers of
••
your Corporation or Principals of your LLC. Award can not be done
• Please provide any literature you feel may be necessary.
•• • All bidders are responsible for insuring that no addenda have been added to the
original bid package.
•• • All bid packages and addendumes are located at tilllw.citvofnewport.com or you

can contact the Purchasing Department.
••
• Bid Analysis (Tab) sheets as well as Resolutions (when completed) will be
located at: htlp:lIwww.cityofnewport.comfdepartmentslfinancefpurchaslngfbid tabs.cfm.
•• 11
.1
•• Bid # 11-048
•• List the Officers of your Corporation or Principals of your LLC.

Award can not be done
•• BSI Engineering, Inc.
•• James F. Noone, P.E.

Principal/President
•• Name Title/Officer/Position
•• Sean B. Godley
Name
Treasurer/Project Manager
Title/Officer/Position
•• Blake A. Leclair
Name
secretary/Project Manager
• ••
David M. O'Connor
Name
Clerk/Project Manager
•• Name TItle/Officer/Position
••
•• 12
EXHIBlTC
BSI Engineering, Inc. Civil & Subsurface Utility Engineers
Project Schedule
BSI's proposed project schedule is based on receipt of Notice to Proceed just prior to May 2nd, 2011.
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81Page
City of NewportDepartment of Utilities Bliss Mine Road Sewer Force Main Condition Assessment
EXHIBITD
359 3.52
14.56 136.
11 1 . 1
$11. 6
76,50 0
40 0
100 0
02. 81 , .0
ITEM 2: Quality Level B Location 01 Foroo Mllin Horl~onlal & Vortlll8l Elevation
Utility Inv8&lIgallon BSIE 1# 11-2448
OVERHl:Al:I RATE 1.7 2008 Audl
$0,00
3135.16
$0.00
$0.00
2424.37
$0,
0.0
0.00
76, 9
6. 10 8.114
58,75 470.00
56.63 0.00
47.44 9.04 0,00
45.43 8.66 6 363.44
38.87 7.4 0,00
32.97 6.28 0.00
18.84 3,59 a 0.00
76. 9 14, 0 0.00
58.75 a 0.00
36.88 7.03 a .00
1.50 2
$7 .50 8
$40 a
$10Cl 0 0
.{...~'~ .6 2,
ITEM 4: soli Testlnll & Reporting
UtilIty Investrgatlon
0\1
9
11.20 20
O. 8
9.04 64.36 0
B. B .
7.41 e.4
6. 56.6
62
36.0
10 .
6. 7 0
2
$11.50
$60.00 24
40
10
8 .1 2 S,1l
11.20 4, 1
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.36 0
.66 O. 0
69
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3.2 0
3 . 0
04. 1 0
6 . 0
U 0 e
A MaterlalY:.~"MlliiM"R;;--+~----;----+----h:Ti~~+--'i--+----t-----t----t--i~-+'7'l'~~H
Perdiem
1.28 . 0
P(Olact Eltl mated 0CI'1':

COmpany Name Task COlt,
BSI Engineering Engineering $52,061.64
Massachueatts Material Testing Structural Test $1.500.00
Gao Labs So~ Tesl $1,440.00
East Coest Construction Valve Insulation $30,000.00
Total E.Umaled co.t. $86,001.64
aSI Englneertng, Inc. has e.esumed for the purposes of Ihls propoaalthal all associated pollee detaIl C<lst's will be billed directly to the Cily of Newport and do not (o1TYl as part of
this cost estlmale.
Blake l-edelr
project Manager
BSI Engineering. Inc.
EXHlBITE
(to be provided)
Bid # 11~048
List the Officers of your Corporation or Principals of your LLC. Award can not be done
BSI Engineering, Inc.

James F. Noone, P.E. princi2al!President

Name Title/offIcer/Position
Sean B. Godley Treasurer/Project Manager

Blake A. Leclair Secretary/Project Manage~

David M. O'Connor ClerkLProject Manager

:~': .
II
III Name Tltle/ofil!cer/Posltlon
. ":,..).
Name Title/Officer/position
Name. TItle/Officer/Position
12
Communication # 4821111
City of Newport
REQUEST FORCITYCOUNCIL'ACTION
To: Mayor Stephen C. Waluk & Mem~the City Council
From: Edward F. Lavallee, City Manage
Date: March 9, 2011
Subject: Award of Bid # 11-045 - Engineering Services for Sanitary Sewer System
Improvements
Staff Presentation: Julia A. Forgue, Director of Utilities
RECOMMENDATION:
The Department of Utilities, Water Pollution Control Division recommends the award of a contract for Engineering and
Design Services associated with Sanitary Sewer System Improvements (#11-045) to AECOM, Wakefield, MA, for the
not to exceed fee of$ 125,575.00.
As part of ongoing work to maintain the City's sanitary sewer collection, the Water Pollution Control Division working
with United Water have identified on a systematic basis a comprehensive approach to assessing and rehabilitating the
aging sanitary sewer coliection system. It has been determined that for tbe utility project a comprehensive soil -
management plan is necessary element of the contract documents. Using CCTV reports and information from the
sanitary sewer project initiated in FY20IO, the City has identified approximately 3 miles of sanitary sewer in multiple
street locations in the Wellington Ave Facility service area. The Water Pollution Control Division requested proposals
from consulting engineering firms to develop plans and specifications for bidding and construction purposes related to
the improvements to the sanitary sewers and manholes. The scope of services to be provided under this contract shali
include a preliminary engineering assessment (to determine the quantity of mains that can be completed within the
proposed construction budget of$3,000,000 and the possible use oftrenchless technologies), field survey, subsurface
exploration, design, permitting & approvals, secure easements, and bidding & contract award services, including review
of bids and qualifications from responding construction firms, shop drawing review, and facilitating the pre-construction
meeting.
The City solicited proposals from qualified engineering firms and on February 14, 2011, received seven (7) proposals
with the fee schedule in a sealed envelope. The review committee consisted of the Director of Utilities and the Deputy
Utilities Director-Engineering. The written proposals were individually evaluated based on criteria which included
relevant experience, thorough understanding of project, schedule, and quality control assurances. The firms were ranked
on the quality and relative merits of the written proposal. The fee envelopes were opened of the top three firms ranked
based on the quality of the written proposals. The proposed firm, AECOM, showed a clear understanding of the
requirements of the project, has considerable experience in this field, and provided the best value proposal. The
summary of the technical review tabulation of the submittals which supports the review committee's recommendation is
attached.
The final ranking of the top three evaluated proposals with associated fee schedules is as follows:
I. AECOM- $125,575
2. Bryant Assoc - $105,200
3. Dewberry-Goodkind. - $196,498
Upon completion of this contract, the Department of Utilities may request a Phase 2 to the contract to provide required
Construction Support Services. Construction support services include services for contract administration, daily on-site
inspections, witness all pressure and bacteriological testing, preparation of record and as-built drawings, and review
of payment requisitions. Costs for this scope of work will be determined after the extent and scope of sanitary sewer
improvements to be included in the Gonstruction,projecthas. beenjdentifi~d...and in turn the required construc!io ll
duration has been established. The estimated time for the construction to be completed relates to the commitment
required to provide on site inspection services for the duration of the project. The industry standard for the Construction
Support Services described for a future contract amendment is estimated at approximately 10% of the total construction
costs. The estimated preliminary construction budget for the sanitary sewer improvements is $3,000,000.00. An estimate
for a Contract Amendment to provide Construction Support Services is $300,000.00.

n/a
FISCAL IMPACT
_.1C Currently Budgeted (Accounts 15-500-2241-50440 Activity Code 154116) _ Requires additional appropriation
_ No Fiscal Impact
Resolution
Proposal tabulation
Proposal Review and scoring
Proposed Preliminary Sanitary Sewer locations
Draft Contract (includes Exhibits for Scope of Services, project schedule, fee schedule)

THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No ..
RESOLVED: that the Contract for the Phase 1

Engineering Services for Sanitary
Sewer System Improvements (#11-
045) between the City of Newport
and AECOM, is hereby approved at
a cost not to exceed $125,575.00
and the Mayor is authorized to
execute said Contract and
Agreement, on behalf of the City,
subject to favorable review by
the City Solicitor.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
Tabulation of BID # 11-045
Engineering Services -
Sanitary Sewer System Improvements
(Water)
The following Firms have submitted proposal packages:
Bryant Associates, Lincoln, RI

Louis Berger Group, Providence, RI
James Geremia & Associates, Providence, RI
AECOM, Concord, MA
Dewberry, Boston, MA
Weston & Sampson, Coventry, RI
Northeastern Engineers, Middletown, RI
Bid Closed: 14 Feb 2011

Engineering Services For
Proposal #11-045
Ranking and Review Comments

March, 2011
Review Committee: Julia A. Forgue, Ken Mason
1. AECOM
AECOM has significant experience in this type of project, and provided a clear understanding of
the problems and detailed description of their project approach. The firm's quality assurance
program is excellent. CRMC wetlands permitting and identification requirements and survey of
required easements was also included as requested in the RFP. The subsurface investigation
included required geotechnical evaluation of soil conditions as well as environmental testing of
the soils to determine waste characterization profiles. The proposed work includes the
preparation of the construction storm water permit and the soil management plan as required by
RIDEM. Project schedule of seven months is appropriate for the proposed scope of work. The
proposed fee for the project of $125,575, which includes 802 manhours, is the second highest of
the three fee schedules opened, however provides value of experience and added features over
and above the two other proposals.
2. Bryant Associates
Bryant Associates has adequate experience for this project, and provided a good description of
their project approach. CRMC wetlands permitting efforts was included in the proposal. A soil
management plan was included in their scope of work, however no environmental testing was
included as needed to support the plan. The firm provided no schedule timetable for completion
of the proposed scope of work. This was expected to be found when the fee proposal was
opened. The firm also did not provide a copy of their quality assurance program as requested in
the RFP. Proposed subcontractors are experienced and appropriate for the proposed scope of
work. The subsurface investigation included the required geotechnical evaluation however did
not include the environmental investigation which is required. The proposed fee for the project is
$105,200, which included 808 manhouTs, was the lowest of the three proposals opened, however
the proposal was lacking in several areas requested.
3. Dewberry-Goodkind
Dewberry-Goodkind has very good experience for the project and provided a good description of
their project approach. Proposed subcontractors are experienced and appropriate for the proposed
scope of work. The proposed schedule, nine months was long compared to the other RFP
respondent, however is adequate. The field survey was lacking the research and recording of
easements as requested in the RFP. Permitting and soil management plans were included as
requested in the RFP. The proposed fee for the project is $196,498, which includes 1,260
manhours, was the highest of the three proposals opened.
Engineering Services for Sanitary Sewer System'Improvements
#11-045
Final Technical Review Tabulation
March 2011
Rating: 10- Excellent; 7-9 - Good; 4-6- Average; 2-3 - Fair; 1- Poor
Proposer A .. B. C. D. Thorough F. Proposed G. Value of H. Description TOTAL

Tech. Min. 5 year Commitment understanding Schedule proposed of quality SCORE
qualifications relevant of ofobjectives and track fees control plan
of staff experience participants & scope per record for
assigned to to project proposed completing
scope projects on
proj. time
AECOM
Wakefield, MA 9 8 7 9 7 5 8 53
Bryant Assoc
Lincoln, Rl 8 7 6 7 5 8 5 46
Dewberry- Goodkind
Boston,MA 7 7 7 6 7 2 8 42
James J. Geremia
&Assoc. 6 6 6 5 7 7
Providence, RI
Louis Berger Group
Providence, RI 8 7 4 4 4 5
Northeast Engineers
Middletown, RI 6 5 7 5 7 7
Weston & Sampson

Coventry, RI 6 6 4 4 4 7
APPENDIX 1
CITY OF NEWPORT

SANITARY SEWER SYSTEM IMPROVEMENTS
MULTIPLE STREET LOCATIONS
#11-045
Ex. Approx.
Steet Name Material Pipe Length
(LF)
West Narragansett Avenue (sidewalk) VCP 534

Gilroy Street VCP 380
Harold Street VCP 348
Morgan Street VCP 453
Norman Street VCP 252
Old Fort Road VCP 1,500
,Palmer Street VCP 783
Rose Street VCP 224
Stacey Street vcp 233
Carroll Avenue (easement) VCP 901
McCormick Road DI 305
Carroll Avenue VCP 3,152
Ruggles Avenue VCP 1,512
Florence Avenue VCP 353
Weatherly Avenue VCP 473
Bateman Avenue VCP 700
Vaughan Avenue VCP 887
Victoria Avenue PVCNCP 1,~00
14,890 LF
DRAFT

CONTRACT AND AGREEMENT
THIS AGREEMENT, made this _ day of in the year 20 II, by and
between the City of Newport, herein called the "City", party of the first part acting herein
through its Mayor, and AECOM Technical Services Inc. hereinafter called the "Consultant",
party of the second part;
WITNESSETH: That the parties to these presents each in consideration of the
undertakings, promises and agreements on the part of the other herein contained, have
undertaken, promised and agreed, and do hereby undertake, promise and agree, the party of the
first part itself, its successors and assigns, and the party of the second part for itself and heirs,
executors, administrators, successors and assigns as follows:
I. CONTRACT INCLUDES
Tlie Consultant shall furnish all labor, materials, unless specifically excluded, equipment and
services for providing Engineering SeI'Vices for Sanitary Sewer System Improvements Multiple
Street Locations 11-045 and all appUitenant work as defined in the Request for Proposals #11-
045, Exhibit "A" and the Scope of Work submitted by the Consultant to the City, Exhibit "B".
Consultant will provide seI'Vices in a timely, thorough, workmanlike and substantial manner, in
every respect to the reasonable satisfaction and approval of the Director of Utilities, in the
manner and within the time hereinafter limited, and in accordance with the Notice to Bidders,
Request for Proposals Engineering Services for Sanitary Sewer, System Improvements
Multiple Street Locations 11-045, and Proposal dated February 14, 2011 submitted to the City
by the Consultant, which together constitute the Contract Documents and the Contract
Documents are hereby made a part of this Agreement as fully as if the same were repeated at
length herein. Change Orders issued hereafter, and any other amendments executed by the City
and the Consultant, shall become and be a part of this Agreement.
II. RATE OF PROGRESS AND TIME OF COMPLETION
The Consultant shall commence work under this Contract promptly upon receipt of written
notification from the City to do so. The Consultant shall complete the work to the reasonable
satisfaction of the City. The Consultant is not responsible for delays caused by City review,
beyond that incorporated in the Scope of Work, changes to the Scope of Work, 01' other delays
beyond the Consultant's control. The Consultant shall provide seI'Vices in accordance with the
Project Schedule attached as Exhibit "C", unless the schedule is adjusted as mutually agreed
between the City and the Consultant.
III. TERM OF AGREEMENT
Unless terminated earlier in accordance with the telms of this Agreement, this Agreement shall
terminate on December 31, 2011. Throughout such time, all fees and work specifications as
identified herein shall remain in effect.
IV. FURNISHING AND OWNERSHIP 01<' PLANS, DATA AND REPORTS
The tracing of all drawings, the copies of computations, other calculations and notes, together
with all other data and reports completed and accepted under this Contract are instruments of
service, shall bear the endorsement of the Consultant, and shall become the property of the City
upon payment therefOl', except for the seal or stamp of the Consultant. The City may use this
material for the specific purpose contemplated under this Agreement. Any use or reuse of any of
the foregoing materials for anything other than the specifie purpose contemplated under this
Agreement, or alteration of any of the foregoing materials, shall be at the City's sole risk and
without legal liability to the Consultant. Notwithstanding the foregoing, it is understood and
agreed that the Consultant's use of its proprietary computer software, methodology, procedures
or other proprietary information in connection with an assignment shall not give the City or
anyone else any rights with respect to such proprietary computer software, methodology,
procedures or other proprietary information, and the City agrees to keep eonfidential and not
disclose such proprietary information to any third parties.
The Consultant shall not use any of the original data or plans completed under this Contract for
any purpose (excluding marketing of the firm) without first obtaining the permission of the City.
V.PAYMENT
The Consultant's fee for the professional services to be rendered under the "Scope of Work"
shall consist of reimbursement of actual costs, expenses and profits directly attributable to this
Agreement, as described herein.
The City agrees to pay the Consultant for work done by the Consultant at the not to exceed fee of
$125,575.00 in accordance with the Fee Schedule identified as "Exhibit 0". Partial payments
will be made on a monthly basis in proportion to the percentage of work completed and the
balance of payment made when all work identified in the Scope of Work is completed. The lump
sum fee includes actual out of pocket expenses such as mileage, parking, tolls, telephone,
computer, printing, and other miscellaneous costs incurred specifically for this project.
VI. PROGRESS PAYMENTS
Payments for the work performed by the Consultant under the terms of this Contract shall be
made as the work progresses, as follows:
I. Progress payments against the specified fee and/or fees as designated herein under
Section V "Payment" may be made monthly in proportion to the value of the work
performed in each calendar month; such work being documented by submission to the
City by the Consultant of monthly progress reports for work covered by this contract
2
showing the amount of work perfonned, both percentage and dollar wise, duly attested,
for each phase of the required services covered by this Contract.
2. Miscellaneous expenses will be invoiced monthly to reflect actual costs incurred.
3. Invoice vouchers submitted for progress payments shall be consistent with an agreed
upon format.
4. Final payment shall be made within sixty (60) days after receipt, acceptance and
approval by the Department of Utilities of the final invoice voucher and, when required
or requested by the City, of all the engineering and related services enumerated herein
under "SCOPE OF WORK", Exhibit "B".
5. The acceptance of final payment by the Consultant shall operate as a release and be a
release to the City, and any agent, from all claim and liability to the Consultant for
payment for anything done or furnished for or relating to the work under this Contract,
or for any act or neglect of the City 01' any of its agents, insofar as the execution of this
Contract is concerned.. The foregoing release shall not apply to the Consultant's claims
based on claims of third parties asse11ed after final payment for personal 01' bodily
iqjury, including death, 01' damage to property, 01' both, nor shall it apply to the
Consultant's counterclaims, cross claims, 01' affirmative defenses in any legal action.
6. In accordance with City Standards, all invoice vouchers shall be paid within thirty (30)
days of receipt of any such invoice voucher, unless disputed.
VII. CONSULTANT'S PERFORMANCE
The following general conditions and stipulations shall apply to this Contract:
1. All the services rendered pursuant to this Contract shall confonn to the standards
prescribed by the City and its Director of Utilities.
2. The Consultant warrants that he/she has not employed 01' retained any company 01'
person, other than a bona fide employee working solely for the Consultant, to solicit 01'
secure this Contract and that he/she has not paid or agreed to pay any company or person
other than a bona fide employee working solely for the Consultant, any fee, commission,
percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty the
City shall have the right to annul this contract price 01' consideration, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or
contingent fee.
3. The Consultantshall not engage, on a full or pm1-time or other basis during the period of
this Contract, any professional or technical personnel who are or have been at any time
during the period of this Contract in the employ ofthe City, except regularly retired
employees, without the written consent of the public employer of such person.
3
4. The Consultant shall maintain a suitable and acceptable working office or offices within
the State, or convenient thereto. The location and acceptability of said working office or
offices shall be subject to determination by the City.
5. The Consultant shall not sublet any of the work contemplated by this Contract without
approval of the City. Any employee of the Consultant who is declared undesirable to the
City shall be removed from the project and shall not again be employed for any service
under this Contract.
6. The Consultant shall comply with all State, Federal and local statutes, ordinances and
regulations applicable to the execution and the perfOlmance of this Contract and shall
procure all necessary licenses and pelmits.
7. The Consultant and hislher subcontractors are to maintain all project books, documents,
papers accounting records and other evidence pertaining to cost incurred, and to make
such material available at their respective offices at all reasonable times during the
contract period and for three (3) years from the date of final payment under the Contract
for inspection by the City or any authorized representatives of government, and copies'
thereof shall be furnished ifrequested.
8. In developing surveys, plans and drawings for this project, the Consultant shall consult
with the City with any phase involved in the proposed project, as noted in the Scope of
Work.
VIII. LIABILITY
1. The Consultant agrees that hislher employees, sub-consultants, or agents possess the
expericnce, knowledge, and character necessary to qualify them individually for the
particular duties they perform.
2. The Consultant shall be liable for all damage caused by its negligent acts, or its errors
or omissions in its services under this Contract or any supplements to this Contract,
and shall indemnify and save halmless that City and all its officers, agents with
written contracts with the City evidencing such status, and servants (each a City
Indemnitee) against any claims, suits, actions, damages, liabilities, and direct costs
resulting from any negligent acts, errors and omissions willful or reckless
misconduct, or negligent' perfonnance of the Consultant, except to the extent caused
by the negligent acts, errors, omissions, willful or reckless misconduct of any City
Indemnitee, in any forum, brought as a result of such negligent acts, errors, or
omissions, willful or reckless misconduct or negligent perfonnance, and shall carry
liability insurance for that purpose, as specified by the City.
IX. INSURANCE
A. The Consultant shall procure and maintain, at its own expense during the life of the
Contract, insurance liability for damages imposed by law, of the kinds and in the
amounts specified, with insurance companies authorized to do business in the State. The
insurance shall cover all work under this Contract, whether perfOlmed by the Consultant
4
or by subconsultant. Before commencing the work, the Consultant shall furnish
certificates ofinsurance in the form satisfactory to the City celtifying that the polices will
not' be changed 01' canceled until 30-day written notice has been given to the City. The
types of insurance are as follows:
I. Statutory Workers Compensation and Employers' Liability Insurance for all of

his/her employees to be engaged in work on the project under this Contract, and in
case any such work is sublet, the Consultant shall require the sub-consultant
similarly to provide.
2. Workers Compensation and Employers' Liability Insurance for all of his/her

employees to be engaged in such work. The Consultant shall file certificates with
the Department of Utilities Contract Administrator showing this insurance on behalf
of all employees of the Consultant has been purchased prior to award of this
Contract.
B. The Consultant shall also carry full Professional Services Liability Insurance for errors
and omissions, with a minimum aggregate amount of$I,OOO,OOO. This insurance shall
be obtained by the Consultant at no direct cost to the City and shall remain in force from
the date this Contract is executed to as long as liability may accrue under State Statute,
Rhode Island General Laws (9-1-25 and 9-1-29).
C. The Consultant shall carry Liability and Property Damage Insurance with coverage in
the following amounts:
(a) Bodily injury liability: $500,000 each person $1,000,000 each occurrence.
(b) Property damage liability: $500,000 each occurrence $1,000,000 aggregate.
D. No cancellation of said insurance, whether by the insurers or by the insured, shall be

valid unless written notice thereof is given by the party proposing cancellation to the
other party and to the City at least thirty (30) days prior to the intended effective date
thereof which date shall be expressed in said notice. Notice of cancellation sent by the
party proposing cancellation by registered mail, postage prepaid, with a return receipt of
addressee requested, and executed shall constitute proof of submission of said
certificate. An affidavit from any officer, employee or agent, duly authorized by the
insured, shall be prima facie evidence that the notice was sent. This section shall apply
to the legal representative, trustee, and the successor in interest of such Consultant.
E. The failure of the Consultant to maintain insurance coverage in accordance with the
terms ofthis Contract shall constitute a violation of this Contract. Such failure may
result in termination of the contract, at the option of the City.
F. The Consultant shall take notice that the cancellation of any insurance under this
Contract shall not affect the obligation of the Consultant to maintain each coverage, or
his/her obligations under Section IX ("Insurance") of this Contract, or his liability under
Section VIII (Liability") of this Contract.
G. The Consultant shall also take notice that his/her insurer must be licensed to do business
in the State of Rhode Island.
5
H. The Consultant shall file copies of all required insurance certificates with the City. All
insurance certificates mentioned in this Article shall be attached to this Contract prior to
award as Exhibit E.
X. SUPPLEMENTAL AGREEMENTS
No change in the character or extent of the work to be perfonned by the Consultant and affecting
the completion date or' fee schedule shall be made except by supplemental agreement in writing
between the City and the Consultant. The supplemental agreement will set fOith the proposed
work, ant extension oftime for completion, if required, and adjustment, if any, of the fee to be
paid to the Consultant.
In any case where the Consultant believes extra compensation is due him/her for work and
services not covered by this Contract or Supplement thereto, he/she shall notify the City in
writing of his/her intention to seek such compensation before he/she begins the work. The
request must be passed upon by the City. In the case where the request is detennincd to be
justified, it shall be allowed and paid for as Extra Work/Additional Work in accordance with the
tenns of a supplemental agreement entered into before such work is started.
XI. SPECIAL REQUIREMENT
Rhode Island General Law, Title 5, Chapter 8, prohibits any person and/or finn from practicing
and/or offering to practice engineering in the State of Rhode Island without first being registered
with the Rhode Island Board of Registration tbr Protessional Engineers.
In accordance with those requirements, the signatories hereto certify to the City that the finn
and/or individual or al). individual within the finn has a current valid registration and/or
certificate of authorization (as appropriate) issued by the Rhode Island Board of Registration for
Professional Engineers authorizing itm them to practice or offer to practice engineering within
the State of Rhode Island. The signatories hereto further expressly agree that in the event that
such registration and/or certification shall become invalid during any period oftime in which this
Contract is in
force, the City may terminate this contract for cause upon written notice, said tennination being
without penalty to the City.
The finn and/or individual hereto further acknowledge that they are in possession of a current
valid registration and/or certification issued by the Rhode Island Board of Registration for
Professional Engineers which shall be at all times an essential requirement of this contract. This
contract may be terminated at any time in which such registration or cettification is not current
and valid in accordancc with the provisions ofTitie 5, Chapter 8, of the Rhode Island General
Laws and the Rules and Registration for Professional Engineers.
XII. ADDITIONAL TERMS
I. The failure of either party to enforce at any time anyofthe provisions of the Contract, or
to exercise any option which is herein provided, or to require at any time performance by
the other party of any of the provisions hereof, shall in no way be construed to be a
6
waiver of such provisions, nor in any way to affect the validity ofthis Contract of any
part thereof, or the right of the City or the Consultant to thereafter enforce each and every
provision.
2. This Contract shall inure to the benefit of and be binding upon the heirs, executors,
administrators, assignees, and the successors of the respective parties hereto.
3. Should any part, term, or provision of this Contract be by a COUlt of competent

jurisdiction declared invalid, illegal or in contlict with any law of the City, State or the
United States, the validity of the remaining portions or provisions shall not be affected
thereby.
XIII. INDEMNITY
The Consultant shall indemnify, defend and hold harmless the City, and its elected and appointed
officers, directors, and employees (each a "City Indemnitee"), from and against (and pay the full
amount of) any and all Loss-and-Expense incurred by a City Indemnitee to third parties arising
from or in connection with: (1) any failure by the Consultant to perform its obligations under
this Contract; or (2) the negligence or willful misconduct of the Consultant or any of its officers,
directors, employees, representatives, agents or Subcontractors in connection with this Contract,
except to the extent caused by the negligence or willful misconduct of any City Indemnitee. The
Consultant's indemnity obligations hereunder shall not be limited by any coverage exclusions or
other provisions in any insurance policy maintained by the Consultant which is intended to
respond to such events. A City Indemnitee shall promptly notify the Consultant of the assertion
of any claim .against it for which it is entitled to be indemnified hereunder, and the Consultant
shall have the right to assume the defense of the claim in any Legal Proceeding and to approve
any settlement ofthe claim. These indemnification provisions are for the protection of the City
Indemnitees only and shall not establish, of themselves, any liability to third parties. The
provisions ofthis Section shall survive tennination of this Consulting Contract.
XIV. TERMINATION BY THE CITY
The City reserves the right to abandon, suspend or terminate the services of this Contract, or any
part thereof, at any time, by giving written notice to the Consultant. Upon receipt of such written
notification from the City, the Consultant shall cease operations on the part of the work of the
Contract stipulated. Any finished or unfinished work products prepared, developed, furnished,
or obtained under the terms of this Contract on behalf of the City, shall become the property of
the City, deliverable to them as directed upon payment to the Consultant.
The Consultant shall be entitled to payment, calculated in accordance with Articles V, VI and X
for any uncompensated services satisfactorily perfOimed and expenses incurred prior to the final
date of the written notice to abandon, suspend or terminate the services under this Contract, and
for authorization services performed and expenses and costs incurred in effectuating such
abandonment, suspension or tennination.
Abandonment, suspl;lnsion or telmination of the Contract shall in no way limit any legal rights of
the City with respect to the Consultant's services perfonned before such abandonment,
suspension, or termination.
7
XV. EXECUTION OF CONTRACT
IN WITNESS HEREOF, the said parties hereto have caused this instrument to be signed by
their duly constituted officers, attested, and sealed pursuant to proper resolutions.
By: _
(Party ofthe First Part (Signature)
Stephen C. Waluk, Mayor

City of Newport, RI
By:=-----,:-:----:::-_-=-=-~=:_~
Party of the Seeond Part (Signature)
Approved as to Form By:
Joseph J. Nicholson, Jr.

City Solicitor
8
EXHIBIT A
CITY OF NEWPORT
#11-045
I. INTRODUCTION·
The City ofNewport (City) requests proposals from consulting engineering finDs
(Consultant) for design services associated with improvements to the City's sanitary
sewer collection system. The required engineering design services shall include the
development of plans and specifications for bidding and construction purposes related to
improvements to approximately three (3.0) miles of the sanitary sewer collection system
in multiple street locations throughout the city of NewpOlt. The proposed improvements
to the sanitary sewer collection system have been identified during closed circuit
television inspections and as part ofthe City's ongoing program to control Combined
Sewer Overflows (CSOs).
Funding for the design of the sewer system improvements is funded by sewer rates as
palt of the Water Pollution Control Division's capital improvement program.
II. STATEMENT OF THE PROJECT
The City's wastewater collection system consists of approximately 90 miles of gravity

sewers and force mains. An additional 9 miles of privately owned and operated force
mains primarily located in the Newport Neck area are also connected to the City's
collection system. The City also receives wastewater flow from the Town of Middletown
tlU'ough two (2) force mains and flow from Naval Station Newport through three (3) force
mains. Of these five (5) force main connections. four (4) discharge directly at the
WWTF and one (I), Middletown's Wave Ave. Pump Station, discharges into the City's
collection system. The City's collection system consists of gravity sewers and force
mains ranging in diameter from 6 to 84 inches. In addition there are fOUlteen pump
stations, two CSO treatment facilities, one CSO storage conduit, three permitted CSO
outfalls and one wastewater treatment facility.
It is the intent of the City to continue a systematic and prioritized program of

rehabilitating its aging sanitary sewer collection system. For the next phase of sewcr
system improvements, for which design services are being solicited by this RFP, a
preliminary construction budget of $3,000,000 has been identified. The list and map of
streets where sanitary sewer improvements are proposed is enclosed in Appendix 1. It is
anticipated that the selected Consultant will work with the City to identify fi'om the
proposed list of streets how the project will be packaged for construction bidding taking
into account the estimated construction budget and what is in the best interest of the City
with respect to improving the sanitary sewer infrastructure. As part of the design of the
sanitary sewer improvements all available technologies, including cured in place pipe
(CIPP) and pipe hnrsting , should he considered in addition to the open cut approaches
for sewer replacement. As part of all sanitary sewer pipe improvements, manhole
rehahilitation shall also be included. Manhole rehahilitation shall include installation of
wateltight frames and cover as a minimum and range up to removal and replacement of
existing manholes. A plan shall be developed to maintain vehicular and pedestrian traffic
during the construction period. Road restoration shall be designed where necessary. The
City owns and maintains all roads on this project. The City may retain resident inspection
services during the construction period, which will he determined at a later date.
. III. SCOPE OF SERVICES
The Scope of Work outlined within this request calls attention to celtain ohjectives and
general work items anticipated as palt of this sanitary sewer collection system
improvement project. The RFP does not propose to identify all details ofthe approach 01'
the comprehensive Scope of Services to be used hy the Consultant. The Department of
Utilities recognizes the competence of qualified firms and encourages them to utilize
their professional judgment and expertise in defining their approach to this project As
such, the Consultants are encouraged to review the scope of services presented herein and
make independent suggestions and recommendations in their proposal if it is felt that it
will hest meet the objectives of this RFP and best selve the needs of the City.
Respondents to this RFP are to provide a Scope of Work with all phases and tasks
defined. A detailed cost proposal shall accompany, correlating Jill fees to phases and
tasks. All work related to the design ofthe sanitalY sewer collection system
improvements shall be under the direction and supervision of a professional engineer
registered in the State of Rhode Island. The City anticipates the Scope of Work to
include, but not necessarily be limited to, the following elements:
1. Kick-off Meeting
The Consultant shall meet with City staff immediately following the issuance of the
Notice to Proceed. This meeting will provide the opportunity for discussion regarding
the City's goals and concerns regarding the project. The scope of services, schedule,
existing information available and project milestones will he reviewed.
2. Preliminarv Assessment
The Department of Utilities construction budget for completion of the sanitary sewer
collection system improvement project is approximately $3,000,000. A preliminary
assessment shall be conducted by the consultant to determine the estimated quantity
of sanitary sewers which can be replaced or rehabilitated within this budget.
Working with the City, the consultant shall prioritize the sanitaly sewers to he
completed within the constlUction budget. Upon completion of the preliminary
assessment and acceptance hy the City, the consultant shan proceed with the Design
Phase of the project for the prioritized sanitary sewer mains.
3. Field Survey
A topographic survey will be conducted sufficient for design and constlUction

including an pertinent physical features. Base plans will be prepared showing the
2
existing right-of-way, easements, and all features, and improvements within the
projeet limits. All existing utility infonnation will be compiled and included on the
base plans. The Consultant shall be responsible for contacting and coordinating with
all utility agencies regarding the project in order to obtain the best available
information peltaining to existing utilities in the proposed project areas. The
construction base plan sheets shall be 24" X 36", I inch ~ 40 feet, horizontal scale; I
inch ~ 4 feet veltical scale. The City will provide the consultant with available data
concerning known water and sewer services in the streets.
The survey will be delivered signed and stamped by a Rhode Island-registered

Professional Land Surveyor. The sUrvey shall be generated on computer software,
AutoCAD 2007 and delivered to the City on CD-ROM in .dwg and .pdfformats.
4. Subsurface Exploration
Geotechnical borings are to be completed along each segment where excavation is

proposed to determine groundwater conditions, verify pipe bedding and backfill
requirements, and to assess the cxistence and extent ofledge in the project area. The
Consultant shall develop a Soil Management Plan (SMP) for the proposed work. The
Consultant shall coordinate the SMP with the Rhode Island Department of
Environmental Management. The SMP is intended to be included in the contract
document for construction bidding.
5. Design
The Consultant shall provide two sets of preliminary designs (plans and
specifications) of the proposed sanitary sewer pipe improvements at approximately
the 10% (preliminary) and 90% (final) stage.
The 10% design phase shall be developed to identify: existing conditions and existing
utilities through project research, field survey, and verification; proposed sanitaly
sewer design and criteria; and applicable permitting and/or easement requirements.
The 10% design shall include the establishment of accurate base mapping with a
conceptual design for review by the City. Included in the 10% design phase will be
an engineer's estimate for construction for each street. The Consultant shall
distribute the approved 10% design plans to utility companies for comments and to
confinn that their existing utilities are depicted accurately on the plans. The
Consultant shall be responsible for coordinating receiving comments from the utility
companies regarding the depiction of their utilities.
Upon approval of the 10% design phase by the City, the Consultant shall advance the
design to the 90% phase. In addition to a substantially complete design, the 90%
design shall include a plan for maintaining sewer service and trafflc control, and to
otherwise minimize the impacts of all anticipated construction activities.
Upon approval of the 90% design phase by the City, the Consultant shall advance the
design to the 100% phase as contract documents for soliciting constlUction bids.
The technical specifications to be provided shall include a Bid Proposal Form and
Measurement and Payment Section. The City shall provide standard front-end
documents such as the Invitation to Bid, Standard InstlUctions to Bidders, General
3
Conditions, Contmct etc. The Consultant shall provide an itemized estimate for the
project using the Bid Proposal Fonn.
Plans shall be generated on computer software, AutoCAD Version 2007 and

delivered to the City on CD-ROM in .dwg and .pdf formats. The technical
specifications shall be prepared and delivered to the City on CD-ROM prepared as a
Microsoft Word document.
The Consultant as part of this contract shall provide 20 sets of contract

documents stamped by a Rhode Island registered Professional Engineer for
bidding purposes.
6. Pelmitting and Approvals
The Consultant shall prepare applications and coordinate the submittal for any
. required pennits from all applicable local or state agencies. The Consultant shall
incorporate any comments and required revisions into the final plans and
specifications from applicable pennitting agencies
7. Bidding and Contract Award Services
The Consultant shall facilitate the pre-bid meeting, respond to questions from
contractors, related to the design; recommend and prepare any addendums to the
contract documents; and review and provide comments on bids and qualifications
fi'om responding construction firms. The Consultant shall facilitate a pre-construction
meeting. The Consultant shall review and comment on all shop drawing submittals.
8. Meetings
The Consultant shall meet with City staff through out the project as they deem
necessary within their proposed Scope of Services. The City anticipates a
minimum of three (3) design phase meetings in addition to the kick off meeting.
9. Services During Construction
The City reserves the right to award, at a later date, construction administration
and resident inspection services (at a level to be detennined by the City) based
on the perfonnance of the Consultant during the design phase and other factors
that may apply, including cost.
While the costs associated these services are not being requested at this time, the
proposal shall include the Consultant's qualifications and approach concerning
the following as related to the City's project for sanitary sewer improvements for
future reference:
• Project Resident Representation

• Construction Administration
4
IV. RESPONSE TO RFP
Four (4) copies of the written proposal from qualified consultants shall be submitted to
the Purchasing Office, City Hall, 43 Broadway, Newp0l1, RI 02840 by 2:00p.m.,
Febmary 14, 20 II. Submittals should be clearly marked: "Engineering Services for
San italy Sewer System Improvemel1ts.II-045 ".
It is the Consultant's responsibility to ensure that the submission is delivered by the time
and at the place described above. Submission received prior to the time of opening will
be securely kept unopened. No responsibility will attach to any officer or person for the
premature opening of a submission not properly addressed and identified. Any
submission received after the time and date specified shall not be considered even ifit is
detennined by tbe City that such non-arrival before the time set for opening was due
solely to delay in the mails for which the submitter is not responsible. Conditional or
qualified submission will not be accepted.
Proposals shall contain the following, as a minimum:
I. A qualification statement that includes, at a minimum: a company brochure,

statement of the Consultant's approach for the project described, description of the
background, experience and involvement of personnel who will be assigned to this
project, listing of projects similar in scope with contacts identified for reference and
any other irtfolmation the Consultant deems pe11inent in assisting the City in
reviewing their capabilities and qualifications with respect to the proposed project.
Qualification statements shall clearly demonstrate full knowledge, understanding, and
experience in the methods, techniques, and guidelines required for the perfOimance of
the required tasks.
2. A description of the function of each member of the Consultant's project team

assigned for the duration of the project shall be provided with his or her projected
individual time commitments and rates. Similar infollnation shall be provided for any
sub-consultants that the Consultant intends to employ for this project.
3. Detailed proposal of the Consultants approach to the project in addition to a Scope of

Work with specific tasks and time schedules identified for the design ofthe sewer
system improvements.
4. Proposals shall include a not to exceed fee schedule identiJ:ying each distinct task of
the Scope of Work with hours, labor category, hourly rate, and marknp. All printing,
travel and other miscellaneous costs shall be identified and included in thc total not to
exceed fee.
5. One (1) original and three (3) copies of the fcc schedule shall be submitted in a
single sealed envelope under separate cover. This envelope will not be opened
until the initial evaluation and rating of the proposals has been completed. The
fee schedule shall be signed by an authorized officer of the Consnlting Firm.
6. A narrative description of tile Consultant's quality control plan
5
7. A minimum of three (3) references for projects completed within the last five (5)
years, especially for similar engineering consulting services for sanitary sewer
improvement projects, and any other infonnation the Consultant deems pertinent.
V. SELECTION PROCESS AND CRITERIA
This is a Request for Proposal, not a Request for Bid, responses will be evaluated on the
basis of the relative medts of the proposal, in addition to fee. The award will be based
upon the lowest-costing qualified evaluated proposal that best meets the requirements of
the City. Written proposals will be reviewed and evaluated by City staff from the
Department of Utilities, Water Pollution Control Division. Staff may ask questions of a
c1adfying nature if deemed necessary. Also, if necessary, interviews may be scheduled
with the top three (3) firms ranked as fully qualified and meeting the objectives of this
RFP based on the information provided within the written proposal. The written
proposals shall be ranked based on the selection criteria identified in this section. The
final ranking of the proposals including the fee schedule shall be in the order detennined
by the selection committee to be in the best interest ofthe City for the project. The City is
not required to furnish an explanation of how a proposal rated or a statement of reasons
why a patticular proposal was not selected as most advantageous for the City.
The following criteda will be used to evaluate the responses:
I. Technical qualifications and experience of project team and technical staff assigned
to each phase of the project as described in the firm's design approach.
2. Minimum of five years of relevant experience in design of improvements to an

existing sanitary sewer systems.
3. Commitment of the participants assigned to this project..
4. Demonstration of Consultant's thorough understanding of the project objectives and

scope.
5. Proposed schedule and track record for completing projects on time and within
budget.
6. Value of proposed fees.
7. Methods for assuring product quality, cost control, delivery schedule, and project
oversight.
VI. GENERAL CONDITIONS
I. The City reserves the right to reject any and all proposals, to waive any informality,
to request interviews of consultants prior to award and to select and negotiate the
consultant services in the best interest of the City.
6
2. The Consultant shall guarantee to perfonn the services offered and the total price of
the proposal for a period of not less than 60 days fi'om the deadline for submission of
. proposals.
3. The City reserves the right to accept all or palt of any proposal, and to negotiate a
contract for services and cost with the selected Consultant.
4. The Consultant shall provide all necessary personnel, materials and equipment to
perform and complete all work under this proposal.
5. All original documents and drawings shall become the property of the City after
completion of the Consultant's work.
6. The City of Newport intends to recommend award of a contract to the City Council
for the requested services within one (1) month of receipt of the proposals. The
Consultant shall be prepared to commence work immediately upon execution of a
contract with the City.
7. Awards will not be made to any person, finn or company in default of a contract with
the City, the State of Rhode Island 01' the Federal Government.
8. The Consultant hereby agrees that it will assign to the City of NewpOlt all cause of
action that it may acquire under the anti-trust laws of Rhode Island and the United
States as the result of conspiracies, combination of contracts in restraint of trade
which affect the price of goods or services obtained by the City under this contract if
so requested by the City of Newport.
9. Unless othelWise stated, invoices are to be submitted in duplicate upon delivery of

service to the City c/o Newport Water Division. The invoice must include an
itemization of all services provided, including unit list price, net price, extensions and
total amount(s) due.
10. Unless othelwise stated, payment will be made within thirty (30) days of the
completion of the service, in an acceptable fashion, to the City and receipt of invoice,
whichever is later.
II. City is exempt from all sales and Federal excise taxes. Our exemption number is
05-6000-260. Please bill less these taxes.
12. The City ofNewport's obligations to pay any amount due under a contract are
contingent upon availability and continuation of funds for the purpose. The City may
telminate the contract, for non-appropriation of funds, and all payment obligations of
the City cease on the date of tennination.
13. None of the services covered by the contract shall be assigned in full 01' in part, or
sub-contracted without the prior approval of the City.
14. This contract will be for the services described above; however, this agreement
should not be considered exclusive. As deemed necessary, the City reserves the right
to obtain these services from any other vendor.
7
IS. Unless otherwise specificd all costs listed are finn for the tenn of the contract.
16. Neither party shall be liable for any inability to perfonn its' obligations under any
subsequent agreement due to war, riot, insurrection, civil commotion, fire, flood,
earthquake, storm or other act of God.
17. Notification of the parties shall be considered to have been constructively received
when it is mailed via the United States Postal Service or delivered in hand to the
patties as stated in the contract.
18. Ifanyofthe GENERAL TERMS AND CONDITIONS is held to be invalid or

unenforceable, it will be construed to have the broadest interpretation which would
make it valid and enforceable under such holding. Invalidity or unenforceability of a
term or condition will not affect any of the other GENERAL TERMS AND
CONDITIONS.
19. Each and every provision and clause required by law to be inserted in any subsequent
Contract shall be deemed to be inserted herein and the Contract shall be read and
enforced as though it were included herein, and if through mistake or otherwise any
such provision is not inserted, or is not correctly inserted, then upon the application
of either party, the Contract shall forthwith be physically amended to make such
insertion or con·cction.
20. Proposal shall also mean quotation, bid, offer, qualification/experience statement, and
services. Proposers shall also mean vendors, offeror"B, bidders, or any person or firm
responding to a Request for Proposals.
21. All contracts entered into by the City of Newport shall be governed by the Laws of
the State of Rhode Island. Any disputes shall be resolved within the venue of the
State of Rhode Island and Newport County.
22. The Consultant selected for this project shall procure and maintain the following
types of insurance:
• Statutory Workers Compensation and Employer's Liability Insurance

• Professional Services Liability Insurance for errors and omissions
($1,000,000.00 minimum)
• Liability and Property Damage Insurance (a) Bodily injury liability: $500,000
each person, $1,000,000 each occurrence; (b) Property damage liability:
$500,000 each occurrence, $I,000,000 aggregate.
VII. TECHNICAL POINTS OF CONTACT
Any questions regarding the RFP may be directed to Julia A. Forgue, P.E., Director of Utilities
(401) 845-5600.
8
APPENDIX 1
CITY OF NEWPORT
#11-045
Ex. Approx.
Steet Name Material Pipe Length
(LF)
West Narragansett Avenue (sidewalk) vcp 534

Gilroy Street VCP 380
Harold Streat vcp 348
Morgan Street vCP 453
Norman Street vcp 252
Old Fort Road VCP 1,500
Palmer Street vcp 783
Rose Street VCP 224
Stacey Street vep 233
Carroll Avenue (easement) VCP 901
McCormick Road DI 305
Carroll Avenue vcp 3,152
Ruggles Avenue vcp 1,512
Florence Avenue VCP 353
Weatherly Avenue VCP 473
Bateman Avenue VCP 700
Vaughan Avenue VCP 887
Victoria Avenue PVCNCP 1,900
14,890 LF
.uoG,~MVJb" , _, ,,,,",,Y'",""'"'''"' "",rt"""~r\\",,,""('''","~",i
,~,-,", -"" - "
l MARINE AVE
un~~\\
e" J
~g,,,
c"~~>-.'"'
CITY OF NEWPORT
DEPARTMENT OF UTiLlT/!::$
WATER POLLUTION CONTROL
PROJECT #11,045
EXHIBITB
AE'COM S(~cll()n -1 ProJoct Undol'$l:mdrn\j. Cil y d N(MI)(Jf1. l~ilOdc Island
ApPfOa<:!\. SCOj)l) of Work. EngIlH~~fi!lg SI.'Hviccs k'f Sanit;3ly
and SCh(Hltll~1 ::iow£"1 SY~!(.)/l1 Improvf)ml;;:llls
1/11-04:)
borings will provide the sources for the bursting, joint sealing, and spot repairs are just a few
characterization. Further, AECOM will include such techniques that could be used in certain situations
experience requirements in the specifications to to significantly reduce or eliminate open cut
establish minimum qualifications for bidding contractors excavations. AECOM has extensive experience
in the handling of potentially contaminated materials. utilizing these and other methods and will seek
The conlract documents will specify the required opportunities to incorporate them in appropriate
number of projects on which contaminated soils were applications throughout the project.
encountered, a listing of those projects, and references
Maximize the Budget
that Newport and/or AECOM could question about the
performance of the contractor in this regard. The RFP includes an assessment step to verify that the
project can be completed for the budget available and
Keep Residents Informed
to develop a prioritization plan for sewer Improvements.
Since much of the project areas are residential AECOM completed similar services during the high
locations, coordination with the residents will be a key priority sewer replacement project and can easily adapt
component during the initial part of the project. During the spreadsheet created during that project to suit the
the design phase, AECOM will keep impacted needs of this project. A sampte of the spreadsheet
residents informed by distributing notices during the developed for the high priority project can be found In
soil boring and survey tasks. The notices will advise Appendix E.
homeowners and/or tenants about upcoming work and In addition to the assessment noted above, AECOM
why it Is required. During construction, if awarded, also proposes to include bid alternates to provide
similar to the high priority sewer replacement project, additional flexibility to maximize budget. Alternate bid
AECOM will work with Newport to devetop and Items that are not part of the basis of award locks in
distribute flyers as during the design phase. Since the prices for optional work, or work to be completed by
project areas Involve several narrow streets, we different techniques such as trenchlEiss methods
propose that the notice be expanded to Include the versus open cut. AECOM wili size the scope of the
possibility of temporary road closures and traffic base bid to utilize available budget. If bids are lower or
im·pacts. If residents have questions or concerns, higher than anticipated, the city will have the option of
AECOM will help the city resolve issues by tapping into the bid alternates to complete additional
coordinating complaints and resultant solutions with the work or utilize different rehabilitation methods for the
contractor.
best use of bUdget.
Dig Once
AECOM will also work with Newport to inclUde
re lacement and/or re air of nearb infrastructure in
, 4~
Narrow streets in the high priority sewer

replacement project.
Water main replacement.
Minimize Disruptions
Several of the project areas Involve narrow streets and the design. Should the city need to repiace an aged
sensitive residential properties. AECOM will fully water main in poor condition, similar to the high priority
explore the use of minimally invasive methods to replacement project, AECOM can include this In the
reduce disruptions in these and other areas where it conltact documents. Replacement of a drain can be
makes sense to do so. Cured-in-place pipe lining, pipe handled in the same manner. In this way, Infrastructure
~)m;I!On II Project LJnderstal~(111)9 Cily of Newport Hilode Island
I\ppfr)ad~ SCOptl 01 Work Engir)eerinn SO/ViCilS for S3PII3fY
~lnc.l $chodtltH Si~wer SYSIHIl1 hnprovemenls
1:11·0-15
needs are addressed at the same time thus minimizing

disruption to residents and traffic, and consolidating
Important considerations, such as challenging
soil issues and how they will be handled
-
~
paving activities, especially if the roadways are throughout the project

restored through placement of curb-to-curb overlay.
Del/verab/es:
Summary Draft and Final Project Kickoff Meeting Minutes
AECOM is familiar with Newport's infrastructure and 2. Preliminary Assessment
has gained Important insight into critical background
issues that need to be considered when completing 2.1 Data Review
projects of this type. We have relied on these insi~hts
AECOM will review available information relative to the
and our specific experience In areas near the subject
project including previous engineering reports, design
project to offer Newport an approach that addresses
and record drawings, soil management plans, GIS, and
key project elements. The high priority sewer
other relevant existing documentation.
replacement project has provided AECOM with the
background to comfortably and seamlessly deliver all of 2.2 Project Scope and Budget Review
the services for successful completion of the project.
AECOM will review the overall project scope and
These are important considerations when faced with
previously prepared construction cost estimates.
tight timelines and the need for flexibility and
Additionally, AECOM will utilize the prioritization
adaptability associated with a Consent Agreement
assessment that was completed as part of Conlract 10-
schedule.
013 high priority sewer pipe replacement as a template
Scope of Work for this project. This tool will be reviewed and updated '«i"
to reflect the additional areas of proposed work, the
We have based our scope on familiarity with the project output of which will be a prioritized list of sewer
area, a review of available information, and a visit to segments that are most critical for rehabilitation. After
the project slle. The proposed scope of services closely the review, AECOM will present 'Inltlal results and work
matches work that most of AECOM's project team is with Newport to develop a rehabilitation plan that best
currentiy performing for the city on the high priority matches the city's available budget. If the city Is
sewer replacement project. The AECOM team has also uncomfortable with the project cost, AECOM will
performed similar services for other New England develop recommendations for completing the project
communities, many of which are located near the including bid alternates and a phased approach to the
coast. As a result, the city of Newport can benefit from
work, if necessary.
AECOM's past involvement and experience on similar
types of projects. In this regard. AECOM offers the Del/verab/es:
following scope of services In response to Newport's Draft and Final Prioritization Spreadsheef
RFP.
3. Field Survey
1. Kickoff Meeting
Supplemental information will be needed to complete
1.1 Project Kickoff Meeting the mapping in order to verify surface features and
AECOM will facilitate an initial project kickoff meeting provide an accurate depiction of existing conditions
with city staff. The primary purpose of this meeting will within the project limits. AECOM has prepared the
be to discuss the team's understanding of the intent, following list of survey services to conduct the work.
focus, and ultimate goals of the project. Anticipated 3.1 Field Survey
meeting topics Include:
Survey information exists for apprOXimately one-third of
Lines of communication the project. AECOM will use this existing base
EXisting Information and data mapping and background Information to the fullest
extent possible. Additional field surveys will be
Plan for coordinating with the public
conducted in new areas to Identify pertinent details and
Scope of work features, Information will include bUilding corners,
driveways, fences, roadways, trees, utility poles, water
Schedule
main gate boxes, retaining walls, manholes, catch
Limits of project basins, streams, guardrails, and any other features or
Criteria for preliminary assessment (Task 2) permanent structures found during the survey that may
affect the work. Rim and invert elevations of drain and
AUX)M S(:!dlOJl <l Proj8Cl UJ)(I(~r~lilndjng. City (11 hJewpOfL Hhode IslMld
APPfCtH:h SC(lP(~ of Worl~. r~n9ine0rinq ServICf:lS fOl' Sanilary
wld Schedlll(·; Sewer SY51(~m IrllprovHlll0nb
1111·0,15
sewer structures will be included. AECOM will provide such as peat, which can significantly impact
notification to homeowners who live on the streets construction progress,
where survey work Is to be conducted, so that
residents will be aware of the ongoing project and the 4,1 Field Borings
identity of those working near their homes, Soil boring locations will be located approximately
Def/verables: every 500 to 600 lineal feet, and in locations of
concern, AECOM will contract with a Rhode Island
Homeowner Notificalion licensed driller. Prior to initiating subsurface activities at
[Field Survey Plan delivered as part of Task 5,1: the site, a health and safety specialist will prepare a
Preliminary Plans] health and safety plan (HASP) outlining site conditions,
3,2 Easements worker safety, and emergency response procedures,
and a hazard communications plan in case of
Since the scope of the project includes cross-country emergencies at the site, AECOM will pre-mark soli
alignments for the Carroll Avenue easement, the scope boring locations for utility clearance, AECOM's
of the survey will include the preparation of easement subcontracted drllier will notify DIG SAFE who will
plans and descriptions suitable for recording purposes, iocate any underground utilities In the vicinity of the
Once the locations of the easements have been proposed soli borings,
finalized, the surveyor will stake, in the field, the limits
of the easements, AECOM will assist Newport in Foilowlng ullilty location, AECOM will mobilize with the
drilling subcontractor to Install the soli borings along the
negotiating easements with property owners,
proposed areas of work, According to the RFP, the
Deliverables: project Is comprised of approximately 14,890 linear
[Easement Plans delivered as part of Task 5,1: feet; therefore, AECOM proposes up to 25 to 30 soli
-.... Preliminary Plans] borings, The soil borings wlli be advanced to a depth of
approximately 10 feet below the ground surface (bgs)
-.... 3,3 Utility Coordination or to refusal. Standard penetration tests (ASTM D1586)
-
...j
AECOM will coordinate with existing utilities within the
project area, Prior to the start of the field survey,
AECOM will coordinate field marking of existing utilities
will be conducted continuously throughout each boring,
Soil samples from the test will be logged using the
visual manual procedure (ASTM D2488), Up to 2 soli
samples wlli be submitted to a Rhode Island licensed
with the applicable companies and the city for
incorporation into the project base pians, laboratory for waste characterization parameters, The
location of each boring will be Identified In the final
In addition, AECOM will contact the utilities to explain survey plans,
the scope <if the project and the limits of work for the
purpose of identifying potential relo'cation work, Should Any fill material, debris, or any other visible
the utility wish to make improvements to their system, contamination observed in the soli borings will be
AECOM will coordinate this work with the requirements recorded in the logs, A photo'ionizatlon detector wlli be
of the project used to screen soli for the presence of organic vapors,
Deliverables: Del/verables:
[UIility Plans delivered as part of Task 5,1: Preliminary Homeowner Notification

Plans] , [Boring Site Plan delivered under Task 6,1: Preliminary
Plans]
3.4 Base Plan Worksheets [Boring Logs delivered under Task 6,2: Preliminary
The supplemental field data will be incorporated into Specifications]
base plan worksheets, The drawings will form the 4,2 Geotechnical Evaluation & Recommendations
existing conditions plans for use during the preliminary
and final design phases, Once the borings are completed, AECOM will provide
in-house geotechnical review to evaluate the
4, Subsurface Exploration subsurface conditions and to make recommendations
AECOM will perform a subsurface investigation on Installation, dewatering, and bedding requirements
program to confirm soil conditions for the proper design for the project.
and construction of the project. The subsurface
exploration will define subsurface conditions, inclUding
the location and depth of ledge, bedrock, or poor soils,
Al;:.cor,.1 Sr:Cllon ,I PnJJI~Gt LJI1(/01·SI<:1I1(11(l~J CiLy or Newpol'\ I:;:J10de Isl<lI'd
I\pfllOClCh_ Scope ,,' Worh FnginHl":lfing Sorvices !()r San lImy
Wlr! SCIl(~(Jllle Sewf;r ~.iy!>IF~rn InlprOV0111enlf"
;111--04 ~i
Del/verables: 5. Desi~Jn
[Geotechnical review delivered under Task 5.2: 5.1 Preliminary Plans (10% Submittal)
Preliminary Specifications}
Preliminary plans will be prepared showing the
4.3 Soil Management Plan proposed sanitary sewer pipe Improvements. The
The management of soli related to this project is preliminary plans will Include existing conditions and
expected to be characterized as solid waste when existing utilities Identified during the preliminary
found to contain typicai urban fill material such as assessment and field survey. Proposed sanitary sewer
discarded historic building materiais (brick, glass, design and criteria will also be included. At this stage,
wood) or other fills such as cinders, aggregate, or ash. base mapping will be established and a conceptual
This type of material must be managed in accordance design will be developed for review by the city. Various
rehabilitation methods, such as pipe lining and pipe f'
with the Solid Waste Regulation #1 - General "'I'
Requirements, including dust control measures, proper bursting (trenchless technology), and f·
placement, and management of temporary staging recommendetions for each street section will be ""
areas. The soil management plan will focus primarily
on the management of the excess soil based on this
presented during this submittal for discussion with the
city based on the feasibility of each method In each
location. Two locations that may be candidates for
f
-
regulation.
trenchless technology Include the sewer line that Is
Based on experience with past projects, the Rhode under the sidewalk and property line on West
Island Department of Environmental Management Narragansett Street, as weli as the sewer line In the
typically allows the contractor to backfill the soil and Carroll Avenue easement. Utilizing trenchless
urban fill materials back into the excavation where it technologies In these locations would minimize Impacts
was generated, so long as the material is considered to homeowners' properties. city sidewalks, and
appropriate for construction fill purposes. The soil landscaping elements. These plans will also be
manegement plan prepared for the high priority sewer
replacement project will form the basis for the current
project's plan and will be submitted for review and
distributed to the local utilities for review to confirm that
utilities are shown accurately on the plans. •.
", ..
approval by RIDEM to ensure proper handling of De/lverables:
excess soil. 10% Design Plans inclusive of Survey Pian
Del/verables: Boring Site Plan
, Easement Plan
Homeowner Nofificatlon Ulility Plans
[Draft Soil Management Plan delivered under Task 5.2: Base Plans with Conceptual Design ...
~.
Preliminary Specifications}
[Final Soli Management Pian delivered under Task 5.4: 5.2 Preliminary Specifications (10% Submittal)
Final Design} During the preliminary design, AECOM will prepare a
proposed table of contents for the construction
specificallons. The table of contents will inclUde a
,....
Socllon II Pnw~r.:t UmlefSl"U,(hng Glly I)f Newporl. HIH:!d,~ Isl<Hld
Approar.:h, Seop!:) Of \NodI En~1I1~('}(1l1~.1 S(~r"ICI;!S for S"lnitary
<mil Schedule System
SEN/l')( llllIJl'OVI~tn0IltS.
/111·045
listing of contract documents, general conditions, and 5.6 Incorporate Review Comments
technical specifications that are anticipated for the
Prior to finaliZing the plans and specifications, AECOM
project. As indicated in the RFP, Newport will provide
will make a formal review submittal to the city
standard front-end documents such as the Invitation to
(approximateiy 90%). Review comments will be
Bid, Standard Instructions to Bidders, General
incorporated Into the final bidding documents.
Conditions, and Contract. Applicable permitting and
easement requirements will also be Identified for this Del/verables:
submittal.
[Final Contract Documents including Plans and
Deliverables: Specifications delivered under Task 7.1: Bidding
Document]
10% Design Specifications consisting of a Table of
Contents listing front-end documents (as provided by 6. Permitting and Approvals
the city), General Conditions, and Preliminary
Techn~alSpecillcations
The permitting activities reqUired for the project may
vary slightiy depending upon the final design approach
5.3 Preliminary Cost Estimate (10% SUbmittal) for sewer system improvements. For example, less
Invasive approaches such as cured-in-place pipe and
AECOM will prepare preliminary opinions of probable
manhole rehabilitation may require lesser permitting
construction cost for the proposed improvements. The
effort than more Invasive approaches such as cut and
estimates will be based on preliminary quantity take-
cover installation of new sewer pipe and total manhole
offs, vendor quotes, and other generally accepted
replacement.
preliminary cost estimating techniques. The estimate
will be presented by street based on the pipe length, The following subsections describe the anticipated
number of manholes, and the proposed rehabilitation permitting activities that may be required for the sewer
method. Based on the preliminary cost estimate, system improvements.
AECOM will coordinate with the city to discuss whether
the use of bid alternates would be a feasible solution to 6.1 Wetland Permits
maXimizing the amount of work done with the allocated While most or all of the work Is anticipated to occur
funding. within eXisting roads, there are wetland and coastal
Deliverabfes: resources located adjacent to portions of the
anticipated work areas. AECOM will review available
Cost Estimate Itemized by Street mapping and will conduct field visits to identify, classify,
5.4 Final Design (90% SUbmittal) and delineate wetlands and coastal features within the
Upon 'approval of the preliminary design, AECOM wili

prepare final plans and specifications that depict the
selected improvements. AECOM will work with the city
to develop both a traffic management plan and a sewer
service maintenance plan to incorporate into the .
contract documents for the contractor's use.
Deliverables:
Final Design Plans
Final Design Specifications
5.5 Final Cost Estimate (90% SUbmittal)
A final itemized opinion of probable construction cost
will be prepared upon completion of the final plans and
specifications. This will be completed utiliZing the Bid
Proposal Form.
Deliverables:
Bid Proposal Form with Final Cost Estimate
.•
,u.
lIOU' " _
'
AECOlv1 Se·C!IOI\ 4 PfQi'1cllJJI{1(~(sta(1{hn~J CIty oi Newport Hhodc Islalld
ApP(()~1c1~. Scope of INork E·n91l~{~IHll'~J Sm\'lce~; lor Santh11Y
<ulli Schl~(llll() Sewl)( SYS\{)11l Improvonlents
fi1HW)
~
...... ,"
vicinity of Ihose sections of roadway identified for

sewer system improvements. The project spans areas
with wetlands subject to the jurisdiction of both the
Coastal Resources Management Council (CRMC) and
the Rhode Island Department of Environmental
Management. Therefore, early coordination with these
agencies is imperative to determine which will take the
regulatory lead. Based on previous experience, we
anticipate that CRMC will take jurisdiction.
A preliminary determination request would be
submitted to the CRMC early in the design stage of the
project to obtain regulatory agency confirmation that
the project Is feasible and to confirm that CRMC would
take jurisdiction of the project. This process is intended
to help the applicant understand specifically which
eiements of the Coastal Resources Management
Program will apply and what Information will be needed
for an Assent Application.
After the selection of the preferred approach for sewer c"om•.."..,
+'~L:;~~~~-'~.'.:'=~-J
!l<1l'lVnOlllotVlMot,
system Improvements, and at approximately the 75 I'HI.. p~Corl.. r
P<OfKI·I·.Q.l$
percent design development stage, AECOM will -_""""......... ,~.:!i_ .._ $ A n
1!t<'o?<'fI1I_'"'r.;! c:;J"",.....,o-,o.-
prepare the Assent Application for submission to the -------
CRMC. The content of the Assent Application will
address the findings of the preliminary determination 6.3 Historic Resources - Consultation
and will include the required state forms, project plans, Portions of the work may occur within the following
site photographs, stormwater management report, and historic districts: Ocean Drive, North Light, and
discussion of project components and potential Bellevue Avenue. AECOM will consult with the Newport
Impacts. Concurrently with the CRMC Assent
Application, AECOM will·prepare an application for
Water Quality Certification; this application submission
Historic District Commission and the Rhode Island
Historical Preservation & Heritage Commission to .. '
compiy with Section .106 of the National Historic
to RIDEM generally contains the same (or similar) Preservation Act. Since the proposed sewer
material required for the CRMC application (e.g.. improvements would occur within previously disturbed
application form, location map, project description). areas, it Is not anticipated that the project would
Deliverables: adversely affect historical properties. AECOM wlil
provide a consultation letter requesting project review
GRMC Assent Application and concurrence with the planned construction
Water Quality Certification Application activities and locations.
6.2 Construction Stormwater Permit
,....
Deliverabfes:
The project has the potential to disturb more than one Request for Project Review
acre of land; therefore, coverage may be required
under the Rhode Island Pollutant Discharge Elimination 7. Bidding and Contract Aware! Services
System (RIPDES) General Permit for Stormwater ".....
7.1 Bidding Documents
Discharges Associated with Construction Activity (the
General Permit). Coverage will be automatically Final construction documents will be prepared in
granted by the RIPDES Program once the flnai CRMC accordance with the city's requirements. The /Ii>- •.
Assent and RIPDES Notice of intent (NOI) are documents wlil be suitable for public bidding of the ",.
submitted. AECOM will prepare a Stormwater Pollution work.

Prevention Plan (SWPPP) prior to submission of the Dellverables:
NOt.
Final Bidding Documents including Plans and
Deliverables:
Stormwater Pollution Prevention Plan
Specifications
.....
",.
Notice of Intent to RIPDES

AEGOM St'lr.11D1l 1\ ('lmject U/l(J~ISI:'ll\drIlH GIl}' r)f Newport HI\Olh~ l:ilawJ
Apl)fO(wh Scope of W()fk. e.091r1(Hlril}g SmYic{~s for Sat)illllY
/)I)rl Sc;hfldultl SawGr System Improvc/)lnl11s
1(11·045
7.2 Bidding and Construclion Phase Services

AECOM will provIde bidding phase seNlees 10 the city.
During lhe bid phase. AECOM will:
Coordlnale and attend a pre·bld meeting
Respond 10 bidders quesl/ons during the active
bid period
Prepare and Issue addenda
Review bids and recommend conlractor award
Dellverables:
Dratt end FInal Pre·Bld MeetIng Minutes
Addenda
Canvass of Bids
Leiter Recommending Contraclor Award
7.3 Post-Bidding Services
During the aonslrucllon phaee, AECOM will:
Facllltale a pre-eonslructlon meellng
Review end commenl on all shop drawing
submittals
Dellverab/es:
Dratt and Final Meeting Mlnu/es for Pre-Construction
Meeting
A£:COM Shop Drawing Review Transmlt/al for ell Shop
Drawings
8. Meetings
8.1 Meetings
AECOM will attend design phase meellngs and
facilitale regular dlscusslons andlor work sessions 10
keep the city up·to-dale on project status. These
meetings will provide an opportunity to discuss Issues
Including:
Homeowner not/floalion
-<#
BudgeVcosl assessmenls
Rehabllltalion methods
-;, Use of bid alternates where applicable
Dellverables:
...4 Dratt and Final Meeting Minutes for all Meetings
...<f# Atlended
...
~
-
~
...,.;
"'!J
~
~
~
L
EXHIBITC
)
)
Af~GOlvl S(lction 4 Pmj()c( U;'lChNS[HfI(!1I1Q. Cily 01 NewporL F\.hod(~ hl,md
} Approi-H;h. SCOP(1 01 Work. [nf~ill(!Glino Sf!rviGes for Sanitary
anel SChlldule SHwer SYSI(~lll lmprovemonts
) 111.1·045
)
)
)
) City of Newport RI
) RFP#11-G45
) ~_ID_ ~:~~_.m_.__~~~_--==_-._.-. .-__-_-_-_-_-.. :~=~_--~~.-.~.~~~ _.~::
1 Notice to Proceed 4/1/11
~~~~h:.~F~.b~~'~~
+tf1..i1~__~@yil;;JU2~:P,I~ili~~i1~A",ilil$.~.Ml.~~~,TIN~!gv~>Y~IDD~ec.icli"i'!!Dill:F.~b~iill~
4/1/11; . --------r-.
)
"-:f'· fKfck-offMeBtI~""""--------"'~'-~---'" .-.---- -'4M1/R -'4/11111 • 4/11 I
)
3 2 Preliminary Assess~--------I-·4/"1"21"11,.J-·6"/1"1""111'''' I
)
) 1u 3 Field Survey 5/12/11 6/30/11..... J-I
21 4 Subsurface I!xplorallon 5/t2111 6f29111 .........,
)
w2i3 5 DesIgn ···--··------~6fi1 11i4ifi --!---._N"---l;jiiiiiiiiiiiiiiiiiiiiiii• •
,·- .----1
~
'-44 6 PerrnltUng and APprovals .----.- "-'--"--~3i11 11J9ifil: ; ~4!
~
47 7 BJddlng and Contract Award S&rvlcos 11J9J11 3130M21!
~
•
i .- ..:t1n:9:'===========--------11--5/1"17</1;;!1"10;;17"'11,.{,I:
1c:.-"'9.+..:M: <i +_+
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"
-------.-.-..-.-----J------..-.-.-.-----.--.-----.-.. ---------..- -..------.-
Project: Newport8ewerlmprovemenls
Dat&: 2J10/11
_ _ _ _ •••• • .... ~ _ _ .
Milestone
. _•• ••_ ..... ,
•
• •
Task Ourallon ;
...__ • • "n
•
•• _
_____ ~ . _ , __ ~" .. _ ~ _ _"._ _ • . _ .._

Page 1
__ .- n".. ' •_ _ •• • .. _ .. .._·
· _ · _ · ~ ~ _ ..
EXHIBITD
EXHIBITE
(to be provided)
AECOM Technical Services, Inc.
,
01 Officers and Directors
:it) I-ort~
AECOM Technical Services, Inc. Board of Directors
, Alan Krusi Chairman
rI
Joseph Brown
John Kinley
Robert Weber
,
" AECOM Technical Services, Inc. Officers
Alan Krusl Chief Executive Officer
, John Kinley Prasldent
";
Rob Andrews Executive Vice President
Anthony B. Bouchard Executive Vice President
Joseph E. Brown Executive Vice President
;
Daron K. Butler Executive Vice President
; Michael S. Burke Executive Vice President
Cecil G. Doyle Executive Vice President
I Barbara Faga Executive Vice President
Thomas Frldsteln Executive Vice President
Wayne Gingrich Executive Vice President
Frank Garry Executive Vice President
Steven D. 'Gutteriplan Executive Vice President
Andy Haubert Executive Vice President
Glen Hartwig Executive Vice President/Treasurer
William Wei Lee Executive Vice President
Ira A. Levy Executive Vice President
Jacinta McCann Executive Vice President
John O'Connor Executive Vice President
Philip V. Petrocelli Executive Vice President
Jerome C. Premo Executive Vice President
Barbara Price Executive Vice President
Jason Prior Executive Vice President
Joseph G. Pulicare Executive Vice President \
Michael Reininger Executive Vice President
Loren Smith Executive VI~~ President
Lou Tortora Executive Vice President
Dana Waymire Executive Vice President
Robert Weber Executive Vice President
Tom Wolf Executive Vice President
Richard P. Wolsfeld, Jr. Executive Vice PreSident
James R. Zanlbonl Executive Vice President
Randy Altshuler Senior Vice President

Kathieen C. Anderson Senior Vice President
Paui P. Anderson Senior Vice President
Paul Banks Senior Vice President
Tracy M. Barrow Senior Vice President
Cheryl Baxter Senior Vice President
September 16, 2010

!"
AECOM Techn!cal Services, Inc.
Officers and Directors
Jack Baylis Senior Vice President

Jay Beratan Senior Vice President
Shuprotim Bhaumik Senior Vice President
M!chael N. Blscotte Senior Vice President
Cyd Brandveln Senior Vice President
Raymond E, Braun Senior Vice President
Rick Brannon Senior Vice President
Michael Brennan Senior Vice President
Brian Burgher Senior Vice President
John Cardoni Senior Vice President
Steven J. Chapin Senior Vice President
MinChu Senior Vice President
Dave Clancy Senior Vice President
Michael A. Clark Senior Vice President
Stephen P. Clinton Senior Vice President
Christopher Carr Senior Vice President
Matthew Cummings Senior Vice President
Joseph A. Curreri Senior Vice President
Jacqueline L. Dompe Senior Vice President
Daniel W. Donahue Senior Vice President
Shelby G. Eckols Senior Vice President
Scott K. Edelman Senior Vice President
F. Ross Edwards Senior Vice President
Barbara O. Egnor Senior Vice President
Raymond H. ElI!s Senior Vice President
Joseph Falbo Senior Vice President
Robert Fleeton Senior Vice President
Neal J. Forshner Senior Vice President
Geoffrey A. Fosbrook, Jr. Senior Vice President
Herbert Fry Senior Vice President
C. Steve Garrell Senior Vice President
Cheryl Glggetts Senior Vice President
Elise R. Greenspan Senior Vice Presldem/Assistant Secretary
Adbol Haghayeghl Senior Vice President
David L. Hardan Senior Vice President
Roger L Herald Senior Vice President
James B. Hilton Senior Vice President
J. Scott Hodge Senior Vice President
Gary Hulflsh Senior Vice President
Darcy Immerman Senior Vice President
Steven T. Joh nson Senior Vice President
Brian Jordan Senior Vice President
G!en T. Kartalls Senior Vice President
Charles D. Katz Senior Vice President
Deborah S. Klem Senior Vice President
Jim Kunz Senior Vice President
Lucy Labruzw Senior Vice President
September 16, 2010

AECOM Technical Services. Inc.
Ray A.Landy Senior Vice President

John M. Lannon Senior Vice President
Joseph T. Lawton Senior Vice President
Cheryl Lazzaro Senior Vice President
Robert A. Lepore Senior Vice President
Rick lincicome Senior Vice President
James K.Lowe Senior Vice President/Assistant Secretery
Michael Mann Senior Vice President
Charles Manning Senior Vice President
Michael J. Marchelleua Senior Vice President
Edward McGee Senior Vice President
Timothy McManus Senior Vice President
Thomas C. McMonagle Senior Vice President
Diana C. Mendes Senior Vice President
Tom Mertens Senior Vice President
Jonathan Miller Senior Vice President
Robyn l. Miller Senior Vice President/Secretary
James W. Mitchell Senior Vice President
Gary C. Morris Senior Vice PreSident
Joseph G. Moss, Jr. Senior Vice President
Stephan Nalefski Senior Vice President
Richard Nunes .Senior Vice President
Stephen O'Brien Senior Vice President
William W. Owens IV Senior Vice President
Todd L Pepes Senior Vice President
Stephen J. Polechronls Senior Vice President
Jamas B. Richards Senior Vice President
Robert Rittmeyer Senior Vice President
John W. Robinett Senior Vice President
Robert E. Roemer Senior Vice President
Elliot Sander Senior Vice President
Maynard Dale Sands Senior Vice President
Robert C. Sanz Senior Vice President
Gregory Sauter Senior Vice...p,resldent
Edward J. Schmeltz Senior Vice President
Jon A Schmidt Senior Vice President
Todd G. Schwendeman Senior Vice PreSident
William G. Sewell Senior Vice President
John Shaler Senior Vice President
Donald Smith Senior Vice President
Steve Sowder Senior Vice Pre,ldent
Steven Eric Spickard Senior Vice President
, Richard E. Starr Senior Vice President
(
, William G. Stewart Senior Vice President

I Frank Sweet Senior Vice President
William Vitek Senior Vice President
Jekabs P. VIUands Senior Vice President
,
(
,
I
,
(
,
( September 16, 2010
AECOM Technical Services, Inc.
,--
# II-Otl~
Thomas C. Vokoun
James Walsh Senior Vice President
Senior Vice President
Charles Philip Watts
Senior Vice President
Allan K. Wong
Senior Vice President ,,
Ed Benes
Vice President/Assistant Secretary
,,
Dennis Carmichael
Vice President
Roger Courtenay
Vice President
William Garrett
Vice President/Assista nt Secretary
David Gorden
Vice President
Richard Heidrich
Vice President
Jay Hicks
Vice PresIdent
Todd Hill
Vice President
David Huchel
Vice President/Assistant SecretBlY
Charles Juliana
Chris Karpathy Vice President/Assistant Secretary
Michael Katz
Philip Kessack
James Kirschbaum
Vice President
Michael R. Kolloway
Vice President
Jon Mahoney
Gilda Malek
Robert Orlln Vice President/Assistant Secretary
Eric Peterson Vice President/Assistant Secretary
Vice President
Rajatl Sundar
Vice President
AI Schwark
Vice President
Robert Swanagon
Vice President
John Paul Van Echo
Vice President
Donald Dwore
Principal
Kenneth English
Principal
Jay R. Hood
Principal
Ken landura
Principal
Marsha Lea
Principal
Gregg Williams
Principal .•
Jose Emilio Bonilla
Associate Principal
Karen Breslawskl
Associate Principal
Steven Loomis
Associate Principal
WesShimoda
AssIstant Secretary
Ron Osborne
Assistant Treasurer
September 16, 2010

CITY OF NEWPORT
CITY MANAGER
Edward F. Lavallee
To: Mayor Stephen C. Waluk and Members of the City Council
From: Edward F. Lavallee, City Manager 0<::7;;/

Date: March 16,2011
RE: Docket Item #15 - Commercial Recycling
In accordance with the Council's direction as per Resolution No. 2001-11, attached
please find a report on the feasibility of instituting business recycling to increase the
City's recycling percentage.
/paf
Attachment

CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No. 2011-011
WHEREAS, the City Administration and the Public Services

Department, Clean City Division, have been
investigating recycling and the City's capacity to
improve its capabilities or recycling for both
environmental reasons and financial reasons; and
WHEREAS, meetings have been held with business groups in the

City for the purpose of gathering and sharing
information regarding businesses becoming part of
the recycling process, in particular with
cardboard; and
WHEREAS, the City may be able to increase its percentage of

recycled goods and gain new revenue. NOW,
THEREFORE,BE IT
RESOLVED: that City Administration report back to the Council

in March 2011 the status of business recycling
investigation in terms of cost and productivity
information.
KATHRYN E.> LEONARD

STEPHEN C. WALUK
IN COUNCIL
READ AND PASSED

January 26, 2011
City of Newport
Office of the City Manager
TO: Mayor & Council

FROM: Ed Lavallee
DATE: 03-15-2011
RE: Clean Cities - Business Recycling
MEMORANDUM
The City Council directed the Administration to report in March the status of the
investigation of the possibility of instituting a recycling program for business and
commercial properties. This directive was formalized in Council Resolution 2011-
010, and supports the City's broader interest in increasing the percentage of
trash that is separated for recycling. The Public Services Department has
prepared a memo defining the recycling goals and explaining the specific task
being undertaken to increase the City's recycling percentage of total collected
trash. The attached report also references the No Bin- No Barrel program as
possible residential component in the overall effort to increase the percentage of
curbside recyclables.
Staff members have been working with the City's current trash hauler to create a
commercial recycling program. As defined in the meetings with Waste
Management, the commercial/business recycling program will be voluntary, as
there is no current state law mandating recycling for businesses. Our
preliminary design calls for the waste hauler to contract directly with the
commercial/business entities for recyclable collection. The City would benefit
from the volume of recyclables as contributing towards the mandated recyclable
percentage established by the State. There are nominal costs inherent in
establishing a new program, including advertising, promotional literature,
collection barrels, and administrative expenses. Staff is working with the waste
hauler to identify tasks and responsibilities associated with the promotion and
operation of the program. The attached report defines the program goals, current
challenges, and expected outcomes.
Work is ongoing to institute the recycling program. This is an interim report, to be

updated within 90 days, following further discussions with Waste Management.
Clean City Program
Commercial Recycling Program
February 2011
The overall mission of the Newport Clean City Program revolves around increasing recycling awareness
through education and promotion of recycling initiatives and opportunities while creating new, innovative
recycling opportunities for Newport residents. Although Newport has a myriad of recycling options available to
its residents which has helped to increase its diversion rate, its recycling rate as generated through its curbside
recycling program has been consistent in its numbers. The overall objective of the total participation (no bin no
barrel) program is to increase our recycling rate by mandating recycling through the concept that if you do not
recycle, your trash will not be collected. This program will not only help to re-educate our residents who seem
to have become complacent with advancing recycling initiatives but also to assist us in meeting the state
mandated recycling goals as established within state law for the purpose of extending the life of the state's
Central Landfill for future generations of Rhode Islanders.
The direct benefit to the community at large of an increase in recycling rate is a decrease in solid waste
disposal fees lie a lower cost to provide service the expected service.) This program does not change the
service we provide; rather, it modifies the way we provide the service by asking participants to have more
control of that which they throwaway. This program can take our city one step closer to reaching our state
goal of 35% recycling.
Current RI State Law Section 23-18.8-2 entitled "Waste Recycling" requires that beginning in July 2012, every city
or town that enters a contract with Rhode Island Resource Recovery Corporation to dispose of solid waste shall
be required to recycle a minimum of 35% of its solid waste and to divert a minimum of 50%. The recycling
percentage is based on the amounts of recyclable materials that are transported to the Municipal Recycling
Facility of the State Central Landfill (ie all materials collected from the blue and green bins.) The diversion
percentage includes all other materials that are recycled through different programs including yard waste,
books, clothing, cooking oils etc. Note: There is no known fine if the 35% rate is not met, although the law states
that every effort should be made to exceed the target of 35%. The benefits of meeting this goal are listed below.
The revised 50lid Waste and Recycling 5ervices Agreement with Rhode Island Resource Recovery Corporation
states the incentives for achieving the 35% recycling rate.
1) FY2011 Municipal Tip Fee Recycling Incentive Adjustment (stated in Rllaw): The higher the recycling rate
of a city or town, the more money they saved on tipping fees of solid waste. The rebate is $1 per ton at
24%-30%, $2 per ton at 29% -34% and more than 34% would receive a rebate of $3 per ton. In FYlO, we
tipped 7,655 tons of solid waste and our recycling rate was 22.5% thereby making us ineligible for these
incentives. A slight increase to the overall recycling rate could mean Newport would then participate in
these incentives in the near future. Using current numbers as the basis of calculation, achieving a slight
increase of Newport's rate to 24% for FYll could result in an approximate rebate of $7,000.
There are other potential monetary incentives that will be based on the RIRRC recycling revenue:
2) Profit Sharing: Newport has the potential to earn a portion of the revenue based on the tonnage of
recyclables brought to RIRRC from its curbside recycling program. This program, however, relies on the
unstable commodities market and prices being obtained for recyclable material. In past years, Newport
has received $17,470 ($8 per ton) in 2009 and approximately $58,000 ($25 perton) in 2008.
3) Grant program: RIRRC's competitive waste reduction and recycling assistance grant program which is
not expected to be available to municipalities in the current year. This is the program where Newport
received a grant to fund a full color 12 month calendar in June 2007 and other recycling outreach
Commercial Recycling - Page 1

materials such as the annual recycling and trash" collection calendar available via website and in print
form.
City-sponsored commercial recycling program
Rationale
The Department of Public Services' Clean City Program has developed a program in consultation with Waste
Management that will assist with the city's goal of increasing its recycling rate per the requirements of state law.
The premise ofthe program is to offer commercial entities and condominiums and apartment buildings over 8
units a low cost recycling opportunity that would allow the City of Newport to capture the additional recycling
materials to put toward the calculation of its recycling rate. The amount of increase to the recycling rate will
directly correlate to the participation rate of the commercial community. The program is targeted at smaller
establishments that lie along the commercial corridors of the city such as those along Broadway and Thames
Street. At present, many businesses dispose valuable commodities such as glass, cardboard, metal cans and
plastic bottles for a variety of reasons. Capturing these materials would benefit the community in many ways
while allowing the City of Newport to advance its environmental and sustainability goals.
Although businesses many times want to recycle, they are sometimes faced with obstacles that make it difficult
for them to be environmentally responsible. The City of Newport is attempting to spearhead this pilot program
initiative in order to ease the way for more participation in recycling programs within our community. This
program will be positive for all participants as well as the City of Newport. Approximately 30 businesses have
already contacted the Clean City Program about participating in a city-sponsored recycling program so the
program is anticipated to have initial and future support.
Proposed Program Outline (in association with Waste Management)
Waste Management has created a pay schedule for the city-sponsored commercial recycling program as follows:
• Businesses would participate in this voluntary recycling service directly with Waste Management.
Invoicing and payment would be performed directly between the commercial establishment and Waste
Management. When calling Waste Management about the city-sponsored commercial recycling
program, businesses will alert Waste Management that they would like to take part in this specific
program so businesses can get the discounted rates and the city can get credit for their recyclables.
• Waste Management would utilize the existing residential collection trucks, routes and schedules as
much as possible, thereby minimizing costs to participants and related environmental impacts of
needing additional recycling trucks.
Waste Management will provide four different recycling services:
1) Curbside recycling bins: City of Newport would prOVide or sell household recycling bins to businesses to
use for curbside recycling. Businesses would be allowed up to four bins and pay $15.00 per month for
weekly service.
2) 64 gallon toters: Waste Management would prOVide weekly collection with two 64-gallon toters, one for
paper and one for mixed items. This would cost $25.00 per month and up to two more carts may be
provided for an extra $25.00 per month.

3) Dumpster for cardboard: an 8-yard dumpster with a slot in the front can be provided for a business or a
couple businesses that would like to share, but provide one business for invoicing purposes. It would be
$35 per pickup, up to 3 times per week. If additional pickups are needed, an additional dumpster must
be placed.
4) Transfer station: Businesses would be able to bring recyclables, free of charge, to Waste Management's
transfer station in Newport.
5) Waste Management has also offered to pick up recyclables from five non profits, free of charge.
Findings from other cities and towns
The Town of Warren started a "Main Street" program in early 2008, collecting recyclables from the main
business district in town, consisting of small shops, restaurants and banks. The town collects these items
curbside in blue and green bins or 64/96-gallon toters provided by the town. Solid waste is collected by a
contracted hauler. After 8 months of the commercial recycling program, the town saw a 10% increase in the
amount of recyclable material being sent to RIRRC for recycling and had over 40 businesses participating. After
one year of the commercial recycling program, the town saw its recycling rate go from 20% to 21%, and after 2
years, it was 23.5%. This is a win/win for the town and the businesses.. One restaurant has cut their solid waste
bill in half by recycling cans, bottles and cardboard through the town program.
The Town of West Warwick collects recyclables from condominium associations. Unlike Newport, the waste
from condominiums was being disposed of under their solid waste cap, causing their recycling rate to be low
and be charged with over the cap fees. They offered a recycling program for the condominiums that was done
through a separate bid. The town prOVided blueand green bins or 64/96-gallon toters.
Plan of implementation
v' In conjunction with the Tax Assessor's office, prepare a mailing to businesses & owners of residential
buildings over 8 units
v' Develop commercial recycling gUidelines to hand out to businesses or secure guidelines from
RIRRC/DEM
v' Secure volunteers to outreach businesses by going door-to-door or through direct mailings along with
outreach through the Newport CVB and Chamber of Commerce. The Met School Green Team has agreed
to help with going door-to-door.
v' Create program "perks" - stickers for store windows/doors to show they recycle, recognition on Clean
City website
v' Create and determine ways to identify participants -labels on recycling bins and toters indicating
"business recycling program" or something similar, hang tags for business vehicles recycling at the
transfer station
v' Update website to include information on the program & how businesses can get started
v' Determine program logistics with Waste Management (how they will handle phone calls, how quickly
businesses will be able to recycle after signing up, how they will update the city on who is recycling
through the program, etc)
v' Define media outreach plan - air time on WADK, press releases, advertisements
v' Upfront costs: stickers, mailings, advertisements (if necessary), staff time

Expected Challenges
Although the program is a coordinated effort with our current provider, a concern of city staff revolves around
the issue of what would happen to the program when the existing solid waste contract expires as there may be
the potential to lose the recyclable materials credit to the city. This may require the city to rework its existing
contract or to develop a letter of understanding/agreement with Waste Management to alleviate this concern.
Although Waste Management would manage the program now, if they are not awarded a bid in the future, the
city wants to retain the commercial customers through its sponsored program.
This program will require giving guidance to businesses on how they can recycle, what they can recycle, and how
to prepare it for collection. Waste audits may be necessary in order to assist businesses understand what is
recyclable. The Met School Green Team, RIRRC and RIDEM may also be able to help with these items.
It may be challenging to reach all of the businesses, condominium associations and other residential dwellings
with over 8 units. It is unclear at present ifthere will be an easy way to extract the business names from Tax
Assessor records. Due to current wording in state laws, the city cannot mandate commercial recycling in
Newport; we can only offer it and hope for maximum participation.
Full policy enforcement from our trash hauler, Waste Management, and all of the route drivers will be
necessary. Stickers identifying bins from businesses will help with this.
Expected outcome
• Increase in recycling rates and no increase in solid waste tonnage. This will assist in the city's efforts to
meet state mandates.
• No extra cost to city.
• Positive media coverage since the City of Newport would be one of the first communities to introduce a
commercial recycling program within the State of RI.
Recommendation
To advance development and implementation of this pilot commercial recycling program in association with
Waste Management with a start date on or about May 1, 2011.

CITY OF NEWPORT
CITY MANAGER
Edward F. Lavallee
To: Mayor Stephen C. Waluk and Mem~ of ~he City Council
From: Edward F. Lavallee, City Manager ~
Date: March 16,2011
RE: Docket Item #16 - Planning Department Evaluation
In accordance with the Council's direction as per Resolution No. 2001-12, attached
please find an Organizational and Operational Analysis of the Department of
Planning, Zoning, Development and Inspections.
Ipaf
Attachment

CITY OF NEWPORT·
RESOLUTION
OF THE
COUNCIL
No. 2011-012
WHEREAS, the City of Newport has strived to create a User-

Friendly Environment related to city services; and
WHEREAS, the Department of Planning, Zoning, Development &

Inspections is a large department with many
regulatory functions; and
WHEREAS, it may benefit the public and the Department to

streamline the various aspects of the Department.
NOW, THEREFORE, BE IT
RESOLVED: that Administration study the functions of the

. PZD&I Department for the purpose of streamlining
its functions and report back to the Council within
sixty days of its findings.
KATHRYN E. LEONARD
STEPHEN C. WALUK
IN COUNCIL
READ AND
, PASSED
,
January 26, 2011ll
City of Newport
Department of Planning, Zoning, Inspection & Development
Organizational and Operational Analysis
March 2011
The City Council directed that the Administration conduct a review of the Department of
Planning, Zoning, Inspection, and Development for purposes of identifying means of creating
efficiencies in the operation of the Department. The staff was further directed to provide a
report of its findings to the Council in 60 days.
The approach to this review of the Planning Department incorporates an analysis of four
elements:
(1) the organizational structure; that is, the assembly of lines of authority, assignment of
responsibility for each position in the Department
(2) the size of the workforce assigned to the Department, and within each division
(3) the workload and output of each position, as well as the collective output of the
Department, in terms of quantity and quality
(4) processes used in the daily operation of the Department, in the accomplishment of
tasks; that is, the degree of efficiency and/or effectiveness achieved through the use of
Department policies, written, and unwritten operational guidelines
To more objectively assess the organizational alignment, internal process, output, and quality,
a basis of comparison would be beneficial. One method would be to analyze this Planning
Department in relation to the Planning Departments in reasonably comparable communities.
This task is being undertaken. The time line on completion is to have the results in time to
apply any possible enhancements or efficiencies to the FY12 budget plan.
The organizational structure of the Department consists of a planning division, zoning division,
inspections division and community development division. The specific duties of each are
contained in the attached report prepared by the Department Director. A review of the
Department's organizational alignment includes the following:
(1) An assessment of the propriety and efficiency of specific divisions and related functions
being assigned to the Planning Department
(2) Examination of the span of control for supervisory personnel
(3) Examination of the chain-of-command and lines of communication
A review of the positioning of functions within the Department suggests that the divisions and
sub-divisions are properly aligned. The inspection function is divided into two categories:
zoning-related enforcement and construction code enforcement. The construction code
activities are directed by the Building Official. The zoning issues are overseen by the Zoning
Officer. The planning functions are under the direct control of the Department Director.
2.
Span of control refers to the number of persons and activities under the direction of one
supervisor. Too many subordinates impairs the ability of the supervisor to properly manage all
functions effectively. Too few subordinates can suggest an ineffective use of a supervisory
position. The complexity of tasks undertaken by each subordinate will affect the number of
subordinates a manager can effectively supervise. Theoretically, three to seven subordinates
is a good control span. The Director of planning has six subordinates; one clerk, the zoning
officer, building official, planner, senior developmentlCDBG planner, and HDC planner. The
Building Official has five subordinates: part-time building inspector, mechanical/plumbing
inspector, electrical inspector, housing inspector, and permit clerk. The Zoning Officer
supervises the two deputy zoning officers, and occasionally gets assistance from the municipal
inspector.
The chain of communication in the Planning Department is properly established. The method
and efficiency is sometimes challenged. This is one area of operation that will be more closely
examined in reviewing organizational structure in other communities.
The second element of review is the size of the workforce. This can be measured in two ways:
the collective employee strength measured against the demand for service; and, the specific
needs of the Department in training, education and skill level, measured against the demand
for this expertise and specialization. The Planning Department has a multitude of state and
City mandated duties, the performance of which requires specialized training and certification.
For the most part, there is one person in the Department for each major discipline of
construction code or zoning inspection. The specializations include: plumbing,
electrical/mechanical, building construction, and housing code. On the zoning side, the
specializations are municipal code enforcement and zoning enforcement. There is one
municipal inspector and one full time and one part-time deputy zoning officers. The planning
division incorporates the following functions: historic/preservation planner, planner,
CDBG/senior development planner, and the Department Director. The planning functions are
distinct. As an example, the historic planner is fully committed to working with the HDC and the
public on projects occurring in the historic districts. The planner is responsible for special
projects, like the updating of the Comprehensive Plan, and coordination of the Transient
Boating facility project; in addition to coordinating and attending Planning Board meetings.
The third element of review is the workload of the work force. To assess the output of each
division the director produced performance metrics for each position. The data is provided in
the attached report. It should be noted that in addition to daily activities, certain members have
liaison responsibilities with City boards and commissions, requiring preparation, attendance,
participation and reporting of meetings. These are typically nighttime meetings. Reviewing the
performance metrics for inspectors, the volume of recorded activity is significant. This is
especially true considering that a lot of daily interaction with the public, including resolving
problems or potential problems, go unrecorded. It is the formal sanctions that are documented
and noted in this report.
3.
One functional area appears to be less demanding in terms of the volume of recorded activity
than the others. The deputy zoning officers (DZO); one part-time, and one full-time, respond to
noise complaints, primarily in the evening, and generally on Thursday, Friday, and Saturday
evenings. Given the nature of the calls they generally work as a team. Last year they recorded
332 calls for service. On a yearly basis, the calls average about two per day. When the DZO's
respond to a noise call they take a noise reading to determine if the noise exceeds the limits
defined in the City ordinances. If the noise level does violate the Ordinance standard, they call
for a police officer to issue a municipal court ticket. Historically, the task of responding to noise
complaints resided in the Police Department. Police officers were trained to operate the noise
meters and used the meters, as the DZO's do, to determine violations.
Currently, the position of senior developmentlCDBG planner is vacant. This position is largely
subsidized by the State with an annual community development block grant award. The award
allocates a maximum of $60,000 towards the management of the CDBG award; the award
typically approximates $400,000. Options exist to fill this vacancy on a full-time or part-time
basis. The workload of the position is still under review to make this important determination.
The position also assists in other special projects, such as the Broadway Save Routes To
School project.
The fourth element of review in the Planning Department is the methodology or processes by
which the Department operates. As this report represents a preliminary study of the
Department and its functions only superficial examination of the internal processes is possible.
However, in this review two potential operational efficiencies were identified. The inspectors
are not empowered to issue tickets for ordinance violations. In certain instances this creates an
inefficiency that can be corrected. For example, in the case of residents not clearing their
sidewalks after a snow storm, the inspector typically identifies the properties in violation,
researches the registered owner and sends the owner a letter explaining the provisions of the
relevant ordinance, thereby soliciting compliance. Often the recipient ignores the letter.
Eventually, if the problem persists the property owner may be summoned to municipal court.
The same process applies for overgrown vegetation that may obstruct a city sidewalk, and
other nuisance violations. The process can be improved by identifying a limited number of
violations where it would be appropriate for the Municipal inspector to be empowered to issue
a municipal court ticket. This would save the time given to drafting and mailing the countless
letters of appeal to property owners and expedite the process of fostering compliance.
A similar condition exists for zoning officers when they discover a loud noise violation. They
cannot issue a ticket but must call the Police for assistance. However, as these situations can
be confrontational and potentially hostile. It would not be prudent to empower a DZO to
summons an offender to municipal court in this circumstance. This type of case better rests in
the hands of trained law enforcement personnel. Given that the DZO cannot issue a ticket, or
make an arrest when a violation is discovered, but has to call for a police officer to assist, it
appears to be somewhat inefficient to have the DZO respond to these types of calls. Returning
this task to the Police Department will create efficiency and relieve the Planning Department of
the task. By reassigning the noise violation responses to the Police Department, a major
4.
function of the two DZO's will be eliminated. With the removal of that task the staff should be
reduced in consideration of the reduced workload. Initially, the part-time DZO position should
be eliminated. Recognizing the workload of the other inspection functions in the Department,
the full-time DZO position should be reassigned in support of those other inspection tasks.
In 2004, a limited study of the Building Department was conducted by C&C Code Consultants,
Inc. The study focused on the adequacy of manpower in the building function and the
adequacy of our fee structure. The report recommended increasing both. One of the
recommended positions was Historic District Planner. A brief of the study is attached.
Summary
This report represents an initial examination of the Department of Planning, Zoning, Inspection
and Development for the purpose of identifying possible efficiencies in operations. The study
will continue with comparisons drawn from Planning Departments in other communities of
similar complexity. For purposes of this report, the findings and recommendations include:
1. Remove the function of noise violation investigation from the Planning Department and
return it to the Police Department.
2. Reduce the deputy zoning staff by eliminating the part-time position
3. Reassign the full-time deputy zoning officer within the Department to support other
inspection functions for purposes of increasing response time to the public, and
expediting resolution; and monitor this production to determine the utility of the
reassignment
4. Empower the municipal inspectors and zoning officers to issue Municipal court tickets
for a limited number of specified Ordinance violations (to be defined) including violations
for failure to clear sidewalks after snow storms.
DEPARTMENT OF PLANNING, ZONING, DEVELOPMENT & INSPECTIONS
REPORT ON DEPARTMENTAL FUNCTIONS AND POSITIONS
March 15, 2011

INTRODUCTION:
The City Council passed a resolution on January 26,2011 pertaining to the streamlining of the
Planning, Zoning, Development & Inspections Department. It reads as follows:
"WHEREAS,the City of Newport has strived to create a User-Friendly

Environment related to city services; and
WHEREAS, the Department of Planning, Zoning, Development and

Inspections is a large department with many regulatory functions; and
WHEREAS, it may benefit the public and the Department to streamline

the various aspects of the Department. NOW, THEREFORE, BE IT
RESOLVED: that the Administration study the functions ofthe PZD&I

Department for the purpose of streamlining its functions and report back to
the Council within sixty days of its findings.
This report provides a summary administrative review of the current operations for the
Department of Planning, Zoning, Development and Inspections describing mission, divisions and
functions, general operations, boards and commissions, and individual positions and
responsibilities.
DEPARTMENTAL MISSION:
Plan for Newport's orderly growth and development, ensure compliance with construction,
zoning and nuisance codes and to protect public health, safety and welfare within the
community. To serve as a one-stop-shop for land development review/regulations for building,
housing, electrical, plumbing, mechanical, zoning (certificates, variances, special use permits,
and historic certificates of appropriateness), subdivisions, site plans and development plans.
DEPARTMENTAL DIVISIONS AND FUNCTIONS:
Planning Division:
Responsible for the development and administration of the City's planning activities. These
activities generally include the following: development and review of various land use control
measures, special studies and reports on development activities for private and publicly-owned
properties, preparation and submission of applications for federal and state grants, and
comprehensive, master, and neighborhood planning.
Zoning Division:
Responsible for all zoning and historic district enforcement, project review and approval, and the
abatement of nuisance and noise problems within the city. Staff issues violations and citations
and they represent the Division before Municipal Court. Staff also works closely with the Police
including the Community Oriented Police Officers.
Inspections Division:
Responsible for enforcing the State Building and Housing Codes. Also, the division issues
building, plumbing, electrical, and mechanical permits for new projects and complete the
associated inspections and issues orders to correct code violations. Building Inspection provides
efficient and effective inspection services and information to the public and other City
departments, and assures compliance with City/State standards and building/housing codes in
private and public construction projects.
Community Development Division:
Responsible for economic development contract monitoring, budget control, compliance with
federal regulations, and administration of the Rehabilitation Loan and Grant Program. All
Community Development Block Grant (CDBG) administration is handled by the Division
including the filing of an annual CDBG grant application, project development, fiscal
management, and supervision of activities, programs and sub-grantee accomplishments. The
program is also responsible for various programs for sustaining and expanding the commercial
and industrial base of the community and the creation of new employment opportunities.
GENERAL OPERATIONS:
The Department is open to the public from 7:30 a.m. - 4:30 a.m. daily. The use of staggered
shifts allows the department to serve peak contractor and public needs in early morning and later
in the afternoon. The Department addresses most private property matters dealing with
complaint, permitting and/or inspection for the nearly 9,000 private lots within the City of
Newport. The Department is nearly revenue and cost neutral with collections approximating
annual expenses at $1.2 million. User fees from permits, Boards/Commissions, and grant
contributions historically average about $ I million annually. This does not include revenue
derived from disposition of departmental matters before the Municipal Court. The department
directly collects other fees associated with the Planning Board (subdivisions, demolition
permits), Zoning Board of Review, Historic District Commission, and Development Plan
Review.
Special project grants contribute directly to benefit the city including over $400,000 in
Community Development Block Grant (CDBG) grant funds annually. Most of these CDBG
funds do not offset departmental operational costs except for $60,000 in ditect CDBG grant
funds for administrative expenses including reimbursement for the "Senior Development
Planner/CDBG Administrator" position. In addition, the department has historically received
large grant awards for major projects such as the Cliff Walk ($3.5 million), Ranger Road/Chafee
Economic Development ($1 million), Harbor Shuttle ($1.2 million), and Safe Routes to School
(Broadway) ($243,000).
Permit Volume and Revenue:
The number of building, electrical, plumbing and mechanical permits has grown substantially
over the past recent years as indicated by the historical data below. Most of the permits issued
require inspections. Newport experiences a large amount of rehabilitation projects of for existing
properties. As a result of the growing number of rehabilitation projects and redevelopment, the
Inspections Division is appropriately staffed to manage the work.
Fiscal Year Permit Total Permit Revenue (local/state/fire) Budget Target

2002-2003 1,902 $257,446
2003-2004 2,064 $282,166
2004-2005 2,425 $721,266
2005-2006 2,740 $1,206,729
2006-2007 2,623 $1,166,761
2007-2008 2,626 $1,752,350
2008-2009 2,258 $911,001
2009-2010 2,383 $795,477
2010-2011 1,973 (8 months) $611,940 $900,000
Large projects cannot easily be projected, but they can impact permit revenue significantly. For
example, in 2007-08, the Newport Grand and Hyatt Hotel renovation/expansion projects
respectively contributed $349,000 and $243,000 to revenue. Large projects cannot easily be
predicted annually, but ongoing smaller projects still contribute to meeting budget targets. For
FY 2010-2011, permit revenue collected to date is $611,940. End of year projections are on
track to meet budgeted permit projections of $900,000.
The department also collects "Fire Department Plan Review Fees" on a per project basis.
Existing clerical staff are used for this process. The department also collects ADA and Radon
fees that are mandated by the state and coordinates the distribution back to the state.
In addition to several residential projects, known larger projects for 2011112 are as follows:
• Medical facility building on Chafee Boulevard (East Bay Community Action Program)
• Shipping Office (Phoenix Bulk Carriers) on Long Wharf (former Loca's Restaurant)
• Sheffield School Building redevelopment.
• Newport Hospital (interior renovations)
• Harbor Center Basement - "Transient Boater Facility"
• Salvation Cafe building expansion
• 136 Broadway conversion to dentist office (former Portabella's)
• Yachting Center construction project
• Redwood Library addition/renovation
• 10 Brown & Howard Wharf (former Ice House)
• MET School construction
• Sullivan School demolition and site work (for new Pell School).
BOARDS/COMMISSIONS:
The Department staff provides significant logistical SUppOlt to the Planning Board (PB), Zoning
Board of Review (ZBR), Historic District Commission (HDC), Critical Area Review (CAR), and
Building Code of Appeals (BCA). The BCA only meets when needed. The work items
completed monthly are listed below and are shared between staff liaisons and the two clerical
positions. In addition, departmental provide logistical services to subcommittees of above
boards; such as, Comprehensive Land Use Plan Subcommittee and Design Review Committee.
Planning Board:
~ Applications are received by the first of each month
~ The Agenda is created and posted on city hall bulletin boards and web site
~ The Agenda is posted on the Secretary of State's web site
~ Applicant letters are created
~ Site visits are conducted
~ Staff reports are prepared
~ The Agenda packet is compiled, copied and delivered to each board member
~ The meeting is held and staffed
~ Minutes of the meeting are created and posted on the city's website
~ Result letters are mailed
~ Completed records are combined and filed
Zoning Board of Review:

~ Applications are checked for completeness and distinctive folders prepared
~ A descriptive paragraph is prepared for each petition
~ Paragraphs are combined into a legal ad and sent to the Daily News
~ Applications are scarmed for the city's web site
~ Properties within 200 feet of each petition are identified
~ Abutter letters are generated utilizing the descriptive paragraph
~ Abutter letters (approx. 450/month) are printed, folded and mailed
~ The Agenda is created and posted on city hall bulletin boards and web site
~ The Agenda is posted on the Secretary of State's web site
~ Applicant letters are created
~ Site visits are conducted
~ Staff reports are prepared
~ The Agenda packet is compiled, copied and delivered to each board member
~ The meeting is held and staffed
~ Minutes of the meeting are created and posted on the city's website
~ Result letters are mailed
~ Decisions written and recorded
~ Completed records are combined and filed
Historic District Commission:

~ Applications are checked for completeness and distinctive folders prepared
./ An Agenda and sent to the Daily News for advertisement
./ The Agenda is created and posted on city hall bulletin boards and web site
./ The Agenda is posted on the Secretary of State's web site
./ Applicant letters are created
./ Site visits are conducted
./ Staff reports are prepared
./ The Agenda packet is compiled, copied and delivered to each board member
./ The meeting is held and staffed
./ Minutes of the meeting are created and posted on the city's website
./ Result letters are mailed
./ Completed records are combined and filed
Critical Area Review:

./ Applications are received by the first of each month
./ The Agenda is created and posted on city hall bulletin boards and web site
./ The Agenda is posted on the Secretary of State's web site
./ Applicant letters are created
./ The Agenda packet is compiled, copied and delivered to each board member
./ The meeting is held and staffed
./ Minutes of the meeting are created and posted on the city's website
./ Result letters are mailed
./ Completed records are combined and filed
INDIVIDUAL POSITIONS AND RESPONSIBILITIES:
There are 13 full time and two part time staff members. Each position is fairly unique in
addressing specific job duties. Not many of the positions share duties with the exception of the
two Clerks, Deputy Zoning Officers (full/part time), and the Building Official (full
time)/Alternate Building Official (part time). The Department has numerous and diverse
responsibilities with little staff redundancy. The general responsibilities and functions are listed
below.
In addition, the Director, Zoning Officer, and Building Official hold supervisory authority within
the department. The Director directly supervises the Zoning Officer, Building Official, Senior
Development Plarmer/CDBG Administrator, Planner, Historic Preservation Planner, and Senior
Clerk. The Zoning Officer supervises the Municipal Inspector and two Deputy Zoning Officers.
The Building Official supervises the Alternate Building Official (part-time), Electrical Inspector,
Plumbing/Mechanical Inspector, Housing Inspector, and Permit Clerk.
Director (Supervisor); Directs all departmental operations, addresses issue resolution, develops
and administers procedures, allocates staff resources, manages four divisions (Planning, Zoning,
Community Development, and Inspections), prepares/manages budget, personnel management,
reviewing authority for all requested daily expenditures, addresses work tasks and complaints
from the City Manager's Office and the public, directs inspections/permitting/enforcement,
directly engaged as working manager with special projects (school building development, Navy
property- AIRPA, Broadway Streetscape, Comprehensive Plan, Transportation, Pell Bridge),
addresses land regulatory amendments (zoning and subdivision), serves as city's Floodplain
Coordinator, and manages the storage of all land development property records. Position works
from 8:30 a.m. - 4:30 p.m. plus some evening and weekend hours to best serve the city.
Zoning Officer (Supervisor): Addresses all zoning interpretations, staffliaison to Zoning Board
of Review and Critical Area Review Boards, reviews applications, approves "zoning" portion for
requested building permits, prepares staff reports, prepares abutter notification listing, initiates
Municipal Court action for violations, updates zoning and plat maps using GIS, completes
"development plan review" process, completes "zoning certificates", provides direct public
assistance. Position works from 9:00 a.m. - 5:00 p.m. plus some evenings to best serve public
and office needs. Work Metrics: Over the past 12 months, 17 Zoning Board Review (ZBR)
meetings, 134 ZBR items, 58 municipal court complaints, 160 inspections (zoning only), 3
Critical Area Review (CAR) meetings, 6 CAR items approved, 52 zoning certificates issued, 26
plat/zoning map corrections/updates, and 33 preliminary development project reviews.
Municipal Inspector: Addresses various nuisance and miscellaneous code complaints such as
trash/debris, overgrown vegetation, junk vehicles, snow/ice on sidewalks and some zoning
complaints. Position works from 8:30 a.m. - 4:30 p.m. to best serve public inspection and office
needs. Work Metrics: Over the past 12 months, responded to complaints and issued violation
letters for 70 overgrown vegetation issues on private property, 110 planting encroachments on
public roadways, 104 junk vehicles/unregistered on private property, met with over 500
properties and distributed flyers to address sidewalk snow/ice issues along Broadway, Thames,
Memorial, and Americas Cup plus side streets, and mailed over 200 letters for snow/ice
violations. In addition, the Municipal Inspector has been instructed to proactively find
violations.
Deputy Zoning Officer (DZO) (Full Time): Addresses evening noise and party-related nuisances
plus inspects for rental and/or housing code issues. Position works from 9:00 p.m. - 4:00 a.m.
Thursday, Friday, and Saturday evenings plus Sunday afternoon/evenings and Monday
(office/municipal court) to best serve public inspection and office needs. Work Metrics:
develops 52 weekend written reports of violations per year, coupled with the other DZO -
responded to approximately 332 annual noise calls, 49 noise citations, 52 rental/building
violations, and 21 other violations.
Deputy Zoning Officer (DZO) (Part Time): Addresses evening noise and party-related nuisances
plus inspects for rental and/or housing code issues. Position works from 9:00 p.m. - 4:00 a.m.
Thursday, Friday, and Saturday evenings plus Sunday evenings in the event of a holiday
weekend to best serve public inspection needs. Work Metrics: coupled with the other DZO -
responded to approximately 332 annual noise calls, 49 noise citations, 52 rental/building
violations, and 21 other violations.
Building Official (Supervisor): Serves as the city's state certified Building Official to oversee
the program of inspections for building, mechanical, plumbing, and electrical projects to ensure
compliance with International Code Council (ICC) specification approved by the State of Rhode
Island. Position works from 7:30 a.m. - 3:30 p.m. plus evening call-ins for fire or other
structural response to best serve public inspection needs. Work Metrics: Over the past 12
months, reviewed and inspected work as a result of 1,197 building permits including over 571
inspections, the Building Official (by law) is responsible for all 2,967 construction permits
issued by the department (see Permit Clerk below) and subsequent inspections. Sought and
located at least I contractor per month working without permits and assessed a "late filing fee."
Coordinated with contractors and applicants on a daily basis on various work requests. All
permits are issued under the coordination of the Building Official within the State of Rhode
Island Building Code mandated 15 day response time. It is estimated that 90% of the permits are
issued within 24 hours and 75% within 15 minutes. The Building Official is responsible for also
conducting all "building plan" review to assess proper structural integrity, specifications, and
other requirements in accordance with the State Building Code. Total permits valued at
approximately $900,000 with building permits alone valued at $526,506.
Mechanical/Plumbing Inspector: Serves as the city's single state-certified inspector to address

mechanical, plumbing and refrigeration inspections to ensure project compliance with
International Code Council (ICC) specifications approved by the State of Rhode Island. Position
works from 7:30 a.m. - 3:30 p.m. to best serve public inspection needs. Work Metrics: Over the
past 12 months, reviewed and inspected work related to 844 annual plumbing/mechanical
permits including over I,002 inspections, sought and located approximately I contractor per
month working without permits and assessed "late filing fees", coordinated with contractors and
applicants on a daily basis on various work requests. Permit value totals approximately
$159,745.
Electrical Inspector: Serves as the city's single state certified inspector to address electrical
inspections to ensure project compliance with National Electric Code specifications approved by
the State of Rhode Island. Position works from 7:30 a.m. - 3:30 p.m. plus evening call-ins for
fire response to best serve public inspection needs. Work Metrics: Over the past 12 months,
reviewed and inspected work as a result of 843 annual electrical permits including over 1,115
inspections, calls in authorization to National Grid to allow "energizing" of buildings, enters data
in Opal system for all inspections, sought and located approximately 2 contractors per month
working without permits and assessed "late filing fees", responded to at least I evening fire per
month due to electrical impacts, and coordinated with contractors and applicants on a daily basis
on various work requests. Permit value totals approximately $100,994.
Housing Inspector: Addresses primarily minimum housing inspections for short-term rentals,
responds to tenant/landlord complaints, proactively and reactively addresses other inspections for
compliance to Housing Code, addresses other miscellaneous municipal code violations. Position
works from 7:30 a.m. - 3:30 p.m. and flexible hours to best serve public inspection needs. Work
Metrics: Contacts short-term rental properties and proactively completes approximately 340
armual inspections during a year plus a total of over 1,400 inspections for other violations
including unregistered vehicles, garbage problems, vegetation issues, and sidewalk snow
removal. Also, approximately 24 amusement license renewal inspections were conducted. In
addition, the Housing Inspector has been instructed to proactively find violations.
Alternate Building Official (Part Time/Temporary): Addresses building inspections and plan
reviews, enters permit/inspection data into Opal software, supplements Permit Clerk duties for
permit issuance, assists applicants with code inquiries, satisfies state requirement to have "state
certified building official" as alternate to Building Official, serves as Building Official in
absence of Building Official. Works 1-2 days per week and when Building Official is on leave.
Work Metrics: Over the past 12 months (two days per week), completed 177 building
inspections or two per day, issued approximately 5 permits per day, completed about I plan
review per week, provided direct assistance to at least 3 permit applicants per day, responded to
miscellaneous complaints and need for drive-by verifications of work, and helped coordinate
floodplain insurance reduction program.
Permit Clerk: Addresses contractors permit requests (at counter)(building, electrical, mechanical,
plumbing), enters required data into permit software (Opal) in real time, collects payment and
prepares city deposits, tracks permit data, provides state mandated reporting, and processes
payments to the State for ADA and Radon fees. Position works from 8:00 a.m. - 4:00 p.m. to
best serve contractor needs. Work Metrics: Over the 12 months, deals with each contractor at
the counter in person to receives, process, enters data for, and issue approximately 2,967 permits
in concert with the Building Official position totaling approximately $900,000. Most permits for
electrical, plumbing and mechanical are issued within minutes to the requesting contractor.
Senior Development Planner/CDBG Administrator: Serves as the "CDBG Administrator",

create and administer the annual CDBG program, monitor all sub-grant recipients for compliance
with Davis Bacon and environmental requirements, process all state and federal financial
documentation, seek grant funding, and coordinates special projects such as Broadway, Safe
Routes to School, and surplused school redevelopment. Work Metrics: Over the past 12
months, completed the annual "small city entitlement" CDBG application and received
$400,000+ award including $60,000 for administrative expenses, completed subgrant agreements
for 20 projects plus related inspections and monitoring (environmental and fair labor standards)
legal compliance, completed 52 weekly updates to project reports, completed 4 CDBG quarterly
reports and drawdowns to State, completed annual reports to State for the 5 past active program
years, processed approximately 150 invoices for CDBG housing rehabilitation program,
reprogrammed approximately 3 funds for local project usage, processed over $200,000 in
multiple housing loan rehabilitation project requests, completed quarterly "Program Income"
reporting to State, processed CDBG stimulus funding for road construction, completed and
awarded nearly approximately $238,756 for Safe Routes to School project on Broadway,
participated in coordination of approximately 10 Broadway Streetscape meetings, released
Sheffield School RFP and provided about 10 open houses, and drafted and released Carey
School and provided about 4 open houses.
Planner: Addresses Planning Board coordination, staff reports, site visits, review of special use
permits for Comprehensive Plan compliance, subdivision review in accordance with state law
and hearing/notification requirements, demolition permits including abutter notifications,
Comprehensive Planning update process, special projects/studies, planning grants, project
implementation (Harbor Center and Ann Street Pier, Harbor Dredging, Harbor Shuttle
improvements at Perrotti Park and Ann Street Pier). Work Metrics: Over the past 12 months, 12
Planning Board meetings including agenda and packet development, 7 demolition permit
reviews, 6 minor land subdivisions, 6 administrative land subdivisions, 5 CRMC application
reviews, 18 special use permit reviews, 3 "use" variance reviews, coordination of special
projects: Comprehensive Plan (25 working meetings with preparation and product), Transient
Boater Facility/Ann Street Pier (design, permitting, legal) = 40% staff time, Armory Building
(squatter, windows, structural, procurement) = 15% staff time, Dredging and Perrotti Park
(Harbor Shuttle) improvements = 10% staff time.
Historic Preservation Planner: Addresses HDC applications and process, serves as staff liaison
to HDC, conducts site visits, prepares staff reports, meets with designers/contractors, approves
permits for signs and buildings, provides administrative HDC approvals, conducts public
assistance and pre-application meetings, completes special historic studies. Position works from
8:30 a.m. - 4:30 p.m. plus some evenings to best serve public and contractor needs. Work
Metrics: Over the past 12 months, 12 HDC meetings including agendas and packet development
plus loading onto website, 123 annual applications, 84 administrative approvals (about 7 per
month), 243 site visits including HDC applications (123) and (120) for other inspections, and
123 staff reports.
Senior Clerk: Addresses the Board and Commission application process, provides front counter
public assistance for proj ect and regulatory guidance, processes all invoices using Lawson
software for Director's review, provides secondary support for permit issuance, prints and mails
monthly abutter notifications, processes payroll, develops public information materials, instructs
website changes for the department, manages all plat/lot property records within the department
including digital scanning function. The position works from 8:30 a.m. - 4:30 p.m. to best serve
public and contractor needs. Work Metrics: Over the past 12 months, tracks approximately 309
Board/Commission applications, legal advertizing for about 40 meetings, supports secondary
permit issuance role for Permit Clerk position by issuing approximately 20% of the 2,967 annual
permits, directly provides public assistance to approximately 20 persons per day or 5,200 people
per year on zoning, permits, plan, and application requirements. Processes and mails
approximately 500 abutter letters monthly or 6,000 annually.
C & D Code Consultants, Inc:
7 Samson Lane
Middletown, Rhode Island 02842
(401) 849·8687 (Home)
(401) 848-0771 (Fax)
(401) 474-9885 (Mobile)
E-mail: jac@etal.uri.edu
Mr. Paige Bronk, AICP

Planning Director
City of Newport
City Hall
43 Broadway
Newport, R.I. 02840
Re: Evaluation of Building Department
Dear Paige;
I am herein enclosing the completed report on the operations of the

Building Department. The report shows the weaknesses of the
Department, the lack of staffing, the method of financing needed
changes and the type of staff modifications, which are needed. I will
work with you to implement this report and have already agreed to
meet with the Fire Department in order to coordinate the proper method
of code administration and enforcement to avoid conflicts and delays.
The work on said report was done for the agreed amount of $4,000.00.
. SiD~rely,
( _\
......-.
/ ,"
1/
C & D Code Consultants, Inc.. ~ ..- ..
7 Samson Lane
Middletown, Rhode Island 02842
(401) 849-8687 - Home
(401) 848-0771- Fax
(401) 474-9885 - Mobile
E-mail: jac@etal.uri.edu

BmLDmGDEPARTMENTRE~EW
At the request of City Manager, James Smith, I have evaluated the staff,
permit schedule, income, permit fees, and workload of the Building
Department regarding the administration and enforcement of the State Building
Code. Newport is such a densely populated city, with very little land for new
building development, that renovations, alteration and additions to existing
buildings are the majority ofthe Building Department workload. Such work is
most labor intensive and requires more staff and higher fees to support the
mandates of the State Building Code.
1. The following evaluation oflast year's workload reflects the manner in

which the national code determines whether or not the income and
operating budget are within the proper range. In order for the permit
fees to be considered equitable the annual income should be 85 % of
the Building Department budget.
$ ·256,323.00 (annual Department budget) x .85 - .0059687

(percentage needed to perform work of the Department)
$36,502,428.00 (annual cost of construction)
Present income for the year ending June, 2003 was $231,458.00, which
is more than the 85 % reflected above, but a more thorough analysis of
the Departments workload shows that both the fees and staffing levels
are much lower than is needed to accomplish the required
administration, enforcement, plan reviews, inspections and final
approvals.
2. Last years report of the number of permits issued shows a major

problem when one considers the small four (4) person staff of the
Building Department. With only three (3) professional staff and one
(1) clerical, it is impossible to perform the expected duties of the
·
,
.'
Building Department. The rational for this determinati\ln is. based

upon a review of the type of permit projects, which are typiCal-for the
City ofNewport. .
Building Permits (predominantly commercial alterations

and additions) 795
Electrical Permits 620
PlumbinglMechanical Permits 505
Demo/Moving 14
Total Permits 1,935
Although the evaluation ofthe Department's budget reflects the amount

spent to be within national goals, it is not enough to properly staff the
Department to accomplish the necessary State Building Code mandates.
The City's permit workload is 81 % residential and commercial
alterations; whereas, the national model reflects more new residential
and commercial projects and 30% alterations, which makes it much
easi\lr to control, administer and enforce the State Building Code
provisions. It is not the Code or staff which is at fault, but the type and
amount of work, which must be done on alterations, and additions to
existing building projects, which is so time consuming. Renovations
require initially better plan reviews, which reflect the existing
conditions, repeat visits to correct problems consistent with this type of
project and better control of the scope of the project to assure it reflects
the initial permit approval. I would envisage that at least two (2) more
staff members are needed to assist the Building Official. A Plan
Review Official, and a Building Inspector. One of these persons should
be appointed the Alternate Building Official in the absence of the
Building Official. This person would also be authorized to sign permits
as required by the State Building Code.
Another idiosyncrasy of the City of Newport is the impact of the

Historic District Commission on the work of the Planning, Building
and Zoning Departments. The workload of the Historic District
Commission and Zoning staff has a major impact on the time to process
each permit. The addition of a Planner with expertise on historic
projects is needed at this time to expedite the review of the 170 to 200
projects each year,
3. The next item, which appears to need major corrections, is the present
Permit Fee Schedule. I am enclosing herewith a copy of the latest
...
;
Permit Fee Schedule from the City of Cranston. As everyone is aware,

Cranston is a fiscally troubled municipality and' as suth' the. City
reviewed the Building Department Permit Fee Schedule and 'found it
needed to be updated to reflect the present Departments requirements.
A quick review of said schedule compared to that of the City of
Newport shows a major increase in fees reflective of services provided
to enforce the Code. 1 recommend the implementation of the Cranston
fee schedule. A simple comparison of the Newport and Cranston .
schedules shows how the existing positions and those I recommended
for the Building Department, Historic District Commission and
existing Zoning staff could be financed.
Newport - $50,000.00 project - permit fee $,450.00 '.

Cranston - $50,000.00 project - permit fee $994.00\
All projects above $50,000.00 in the Cranston schedule uses a

multiplier of 1.9% times the project cost rounded to the next highest' .
thousand.
Newport reduces its cost per thousand until at $500,000.00 the rate is
$4.50/ thousand.
Other fees such as certificate of occupancy, failed inspections, late

filing fees, also reflect considerable changes above that of the present
Newport schedule.
I have reviewed several other city and town permit fee schedule but
don't think that they are indicative of the trends, as does the City of
Cranston. Other schedules on Aquidneck Island are also in need of
review in my estimation.
In order to evaluate the Building Departments practices regarding plan

review and inspections, three (3) projects..:were chosen at ramdom.
1. A single family dwelling, Permit No.S03-739
2. A dormitory and administration building at Salve

Regina College, Permit No. B02-560, this also is
within the historic district.
3. A child Day Care Facility, Permit No. B02-142
A review of the permit application for'each project was done and their
appears to be a deficiency in recording the applicable information
required on the permit form. Items such as architects registration
number, type of use, property line setbacks etc. were not noted. This
'0
may be reflective of the computer program, but should be c.orrected for

future use of the permit information. ' '." .,' .'
A review of the plans and the Building Officials notes have shown a
good review by said official. In some instances he has helped the
applicant by instructing them on how to comply with the flood
regulations in regard to the single-family dwelling permit. Other than
the need for a plan review officer to assist the present Building Official, ,
the present system is quite good. .
Following the review of the plans, a site visit was made to see whether
the projects were built to reflect the approved plans. No errors were
seen at this visit and the projects construCtion was in accordance with
the code and the permit issued.
Although the plan reviews and site visits reflect a good implementation
of the code at this time, I still recommend the addition of the new staff
and the increased fees to assure the professional expertise needed in the
future.
I will be available to work with the City of Newport in the

implementation of the recommendations ofthis report.
MINUTES OF
SPECIAL MEETING
OF SHAREHOLDERS
The special meeting of the Stockholders of MAMA LUISA, INC. was held on the
14th day of February, 2011 at 2:00 PM at the Corporation's place of business, 673
Thames Street, Newport, Rhode Island in accordance with the waiver of notice signed
by all the shareholders.
QUORUM. A quorum was declared present based on the following shareholders who
were present or represented by proxy as follows:
Shareholder:
Marco Trazzi
Number of Shares: 81
In Person
Shareholder:
Antonietta Calori
In Person
Shareholder:
Maria Manuela Marangoni
In Person
The special meeting then proceeded to the waiver of the pre-emptive right of the
Corporation with respect to the transfer by Marco Trazzi to Antonietta Calori of 35 shares
of the Corporate stock, to Mmia Manuela Marangoni of 23 share of the Corporate stock,
and to GianLuigi Guidetti of 18 share of the Corporate stock. Upon motion duly made
and seconded, it was unanimously voted as follow:
VOTED: That the Corporation waive its pre-emptive right with respect to the
transfer by Marco Trazzi to Antonietta Calori of 35 shares of the Corporate stocIe, to
Maria Manuela Marangoni of 23 shares of the Corporate stocIe, and to GianLuigi Guidetti
of 18 shares of the Corporate stock.
The shareholders and their revised holding in the corporation are as follows:
MARCO TRAZZI 5 shares

ANTONIETTA CALORI 126 shares
MARIA MANUELA MARANGONI 124 shares
GIAr-lLUlGI GUIDETTl 18 shares
There being no fbIther business~ the rneeting 'vas duly adjourned.
lvlARCO TRJI,ZZI
. .
/·t-.((·t~~~>~)/ l-1+4(;;;~~z/ ~/->t.d/ - l'J.-i--:~t.[f~~/.(:;::·. r,.( (.

MARIA MANUELA MARANGOl'·!l ( ...
I~ttatt '23I ZO I )
Page 1 of!
DAILY LIQY.Q.R LICE~SE APPLICATION
Date:
! i':.'
TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:
Specify Class(F, F-l, orF-2 which?) EJ-1 CLASS Liquor LicensJ:

I
(Class F is Beer & Wine; Class F-I is Full Privile e; Class F-2 is Auction
DESIGNATION OF APPLICANT (which?): License for "2011 Campbell's Hall
R.I. Non-Business Corp. OR Religious Org. OR Political Org. OR Caterer?
STATEMENT OF PURPOSE: _
STATEMENT OF DISTRIBUTION OF PROFITS (if requested without fee) _
The- International Tennis Hall of Fame is a 501 (e) 3 non-profit educational organization.
'~<"775WSC7TZF7n 7-~;- r -3 '72TH 7?FTFT7T Y"W·,oTrsP P'T) -(?fanE T '.T75" ;7373$5,.",'] 3 "'')77' ~ 7r M
Date(s) of Event:! July 4-10, 2011 I

Times(a.m. & p.m·)1
10,00 AM to 6,00 PM
I
.
Event~arne/Type: Campbellis Hall of Fame Tennis Championships played for the Van Alen Cup
Location of Event: International Tennis Hall of Fame, 194 Bellevue Ave, Newport, RI 02840
Organization/Corporate Name International Tennis Hall of Fame Incorporated

D/B/A NAME:
BUSINESS ADDRESS: 1194 Bellevue Avenue, Newport, RI 02840
BUSINESS PHONE: I(401) 849-3990 I

ALTERNATE PHONE: I (401) 639-9639
NOTE: Alcoholic Beverages Must Be Purchased from a Rhode Island Wholesaler Licensee, except
Caterers, who ust purc se alcoholic beverages from a Rhode Island Class A Package Store.
APPLICANT: C! ~ K tt,NV:l Colleen Hopkins / Directo
7 of Special Events
SIGNATURE PRINT APPLICANTNAMEITITLE
o INITIALLING HERE INDICATES RECEIPT OF APPLICATION FOR MINOR BOOK.
FILING FEE $15.00 DATE PAID 3 f (q lLL -TN )..f

LICENSE FEE DAILY (F =$1 5, F-l= $35, F-2= $35)
TOTAL LICENSE FEE (for # of l Days) IS $ 2'-\ S- DATE PAID :5 j 1'-1 J II JNI1
ISSUED BY DATE ISSUED _
ACTION BY COUNCIL ACTION DATE. _
i\ pp03Liqlltlrl)aily Li~ense-
)~J]-I/ !p'R'l-'
. ' : i. ~X01141 2dJr,OkCI'hi Quo"
~ ~ ~ ~ ClTV ?~P~i~~~JN~tA~~'~~ ~OI~~~;D ~ ~ ~c~~i i

The undersigned respectfully petitions your Honorable Body in order that a !Icensema)T'lJtfgraIDedlo
sell on the first day of the week, commonly called SUNDAY, and on the following holidays: Memorial
Day, Fourth of July, Victory Day, Labor Day, Columbus Day, Veteran's Day, or on any day which day
enumerated holiday is o,fficially celebrated, as provided in Title 5-23-2 of the RIOL, 1956 as amended,
frorn.12:00 p.m. TO 6:00'p.m. No license $h~1I be valid on December 25th of any year or on that
holIday Im6wn as Thailksgfving I)ay or New Year's Day.
Date:
Application is made for: ~)~ELlING LICENSE-CLASS A LIQUOR STORE
BUSIN'ESSOWNER:
(indiVidual, corp/LLC, etc.):
I Vicker$' Liquors LLC I
BUSINESS DIB/A:
BUSINESS Location: !::1:;:2::74:;:B=e=l1=ev=e:;A=v:;:e.======================,-,

OWNERIRepresentative: IViokers; Liquors LLC I
Authorized Signature: i" -~tK~'U ~ --- i Title: r------------,
O.W vtJ-e oA.
OwNER'S Home Address:
.... I - . .,..,;. "'.,'- ;.. '- -
. I 274 Bell~vue Ave,. Newport. RI 02840 d- - - - - - I I
------------1-
. I
OWNER'S Telephone: 847-0123
E~MAIL Address (if Any): I_-'- ~ _

S~OAY Iiours ofOperation (12:00 p.m. to 6:00 p.m*)I_ _.-:..:.t:l.:::::..',.,:.c)::....:r):..._-::::(;,:..:'._O~_(}-"-6'>_..!.t\,2\-, _
T~e \lndersignedhas been in business since (year started):

I q 'I L)
An(lispdncipally engageqin the saleofthefollowingtype(s) of Goods:
'6e-eJ\ tv
~. C( JCr
**S'quday Sellin License ,alios Class A Liquor Stores to be open between the hours of 12:00 p.m. to
6:00p.m.
. . . . .
«««««««««««««« FOR OFFICE USE ONLY»»»»»»»»»»»»»»»
Fili)igFee $15.00 Date PaidJ .-(?J-/ /4 .-:2lssued by: Date: _
License fee $100.00 Date Paid: y-(q-/W-:1
Y;\Sunday SdJillg. CI(l!iS /\ \SulH.laySdJing20 10('la5$ i\.Liqll\)u\ppli(;tvkrg\~.d(lc

RETAILER CLASS ----,A:.::...-
NAME OF APPLICANT_ _-"N""ewp=o",r-"t~Pr,-=-"e",s""cr=.,i:J;p",t±:io",n"---,,C!£enu.·t",'

e"'r....,~I"'n"'c:..L. _
D/B/A Island Liquors
ADDRESS . 291 and portion of 289 Broadway

,
LICENSED PREMISES 291 and portion of 289 Broadway
The above hereby petitions the Licensing Board to EXPAND "the said license as follows:
to expand the licensed premises into 289 Broadway to include all of
the area depicted on the attached plan. (a total area:'of 6, 680~quare feet)
1. Have any partitions been removed? will be @ No

2. Have any walls been moved? will be @) No
3. Was an outside wall built? Yes <&9)
4. Was the bar moved? Yes @
5. Were more seats/tables added? Yes @
. If yes, .\low many? _ _
6. Is a service provided on a patio, deck, terrace, sunroom, etc.? Yes@
If yes, explain __
7. Did the exit(s) and entrance(s) remain the same? will be

. mod' ed
Yes 6J
8, Class D expans' n for sale of alcoholic beverages to e public? Yes
®
SIGNATURE DATE --=z~A_~:J.~:...;,w'___~
WITNESS
......
Witness from City Clerk's ffi e ~tary PubliU
,I Aate Commission Expires ifNotary Public: !fJPW Z~
31t/11 (~~/;;d;A:-.k~fd), RI!I5 .
~License ?:~;;;;- -. D~te Issued: . _
ACTION OF COUNCIL: _ ACTION DATE: _

AppOJ Liquorl3xpallsioll
l.
~
,
~ ~ i
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I il
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~ ~
~ ~
.. .."
~
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CITY OF NEWPORT
Board of Licensing Commissioners
APPLICATION FOR TRANSFER OF ALCOHOLIC BEV, RACnE ICENSE

, I
DATE 3;1f;{
I '
Check Here That Applicant(s) has/have presented himself/herself at (he B.C.!. Section of the
Newport Police Department for fmgerprinting and a routine check has been completed. _ _
, .-'
CLASS A _ _BL _ _.BT X BV _ _C D _ _E J
TYPE OF TRANSFER )( OWNERSHIP LOCATION STOCK
_ _ _OTHER, Explain _
NAME OF TRANSFEROR---"~~Ifi__"~"_'''_T_13~vg~.t...,'.L'''_c.'''''"___ _
D/B/A A1(J(J()~TVf3 " TEL. # 4q-('I'i.,I/DD
BUSINESS ADDRESS 8 rJ II'~ AI/tIL'-fJQUlJG" <:;7, A!;;<ARiU" 'A):. OZ.~4o
Transferor hereby petitions the Licensing Board to transfer the said license to:
NAME OF TRANSFEREE / 09 LttC=E-"-;1~/=-.h"-'M'-"~"-------------

D/B/A ;f1()IJ~?v(J TEL. # _
NEW LOCATION, ifapplicable-.-:_
e -_ _
If Change of Stockholders, List OLD & NEW Stockholders: (attach separate sheet if necessary)
/~
,
tlith~(;\ 1. Cbfnt\A_ _
"'1 J;;l(T NAMEJ
DATE fJRV!~MMISSION EXPIRES IF NOTARY
~INTNAME
\ If
ACTION OF COUNCIL. . _ ACTION DATE. _
. App031,iquor"'fl<llL<;fer
Page] of 2 STATE OF RHODE ISLAND
BOARD OF LICENSlNG COMMlSSlONERS
APPLICATION FOR LICENSE BY CORPORATION or LLC
RETAILER CLASS: Fill in
I~v
I or Circle One, A, BH, BM, BT, BY, BYL, C, E, E1), J, T
Premises:
",-S",ta""te,-,--"In",c",o,-"",o,-,ra""te""d~:'F'-----'-'''''''''-''''-'"''''-=-'=-''''''''-'-C-.f---#-r-LB usiness Telephone No: 40/ -5%-jB'll

Name, Address and Tel. # of All Officers (if LLC, List Manager under President and chanoe title to "Manaoer"):
TITLE TELEPHONE
President
Vice-Pres.
Sec/etary
Treasurer 141-4387
Name of Each Director/Board Member Address

AlA-
...- ...
, ,
Mallmg Address: Choose aJ Busmess Address, or bJ Owner Address, or cJ Other, If Other Please speCIfy below:
If Corporation, Classes of Stock: Amount of This Class Authorized: Amount of This Class Issued:
AlA-
.J-
'Name Re',iisierea StockOwners'ORLLC Members M%jjjteresl "" Class(es) of StOCk .. _-
"Aihbilnt of StOck ORLLC %
Af'A-
.-..-
fJ/f-
- - - - - - - - - , - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW TillS LINE - - - - - - - - - - - - - - - - - - - - - - - - - ,
Filing Fee: ~ Date Paid: I I License Fee: I I Date Paid: IL... _
Approved by Council Disapproved by Council _

Issued By Date _
Liquor Application by Corporation ClasS ((Class_of_LicenseJI # «Number_of_License» Entity: «ApplicationTypen
Page 2 of2 STATE OF RHODE ISLAND Newport '
I D/B/A:
• For each yes and no question, please write ID YES if yes or NO lf no.
.. Where necessary, use additional pages for explanations.
Is any of the above stock pledged~ • If yes, provide details: ..
Is application on behalf of undisclosed principal or party in interest? • If yes, give details:
•
Name and Address of Mortgagee or Lessee:
'----=.:-"-""'-'-'="'-'-'---=r~-':--r-=O'-'--.==-=~c.==---====.c=--:.=C.J
Have any of the applicants ever been arrested or convicted of a crime?
Is any other business to be carried on in Licensed Premises? It If yes, explain ..
Is any Officer, Board J\.1:ember, Stockholder engaged in any· manner as a Law Enforcement Officer?' • If yes, explain: ..
Do any of the applicants have any interest, direct or indirect, as principle or associate, or in any manner whatsoever, ·in any retail
license issued under Ch .. 3-7 ofR.I.G.L., 1956, as amended? I A/O I.
If yes, explam ..
I I
Is Applicant the owner or operator of any other business? • If yes, explain (use separate page ifnecessmy.) ..
I I
I hereby certify that the above statements are true to the best of my knowledge and belief:
OS"ILr/Z ~-
~i--iC-=a-=n--t -='-'C'-se-e-n-o-t-e-Cb-e-clo-w-,)-------------
I I 3/4(,(
--'::-=D-=a--te-'---of-cS-c,:-'g-n-at-u-re---J
---l7LtrJ4(d~"J?&'al1(
Witness of Licensing Board
. I l3Itfltl Date of Witness
. . _. __ ._. w _ ... ··IiJstructions [Of AjJj5licaiJts .- .... -. - .- ..
1. Every question on Application Form must be answered. Any false statement made by the Applicant will be sufficient grounds for
the 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 CJ 0%) 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 CLERK
NEW APPLICANTS: ---------- A proval from Police - - B.C.!. Section for fmge rinling and a routine check was made.
'NOTE: For new, lransfer, expansion, or renewallhe Qwner(s) must sign. In a corporation, the officers should sign; in ~n LLC, the "designated
manager" and members are 10 sign. We are no longer to accepllhe signature of a manager or attorney on behalf of the owner.
Liquor Application by Corporation Class (cClass_oCLicense» # «Number_of_License» Entity: «ApplicationType»)

L~sl printed (!i.)!()~.!{)2 I r :JS Mvi
Silvia, Kathy
From: Lillian Lloyd [Iml@viscontilaw.comj

Sent: Friday, March 04, 2011 12:12 PM
To: Silvia, Kathy
Cc: michael jacquard
Subject: Greta Pub, LLC
Dear Kathy:
Please be advised that the sale of Great Pub, LLC liquor license to MLJ, INC. is no longer contemplated.
Sincerely,
Liilian Magee Lloyd
Lillian Magee Lloyd

Visconti.& Boren, Ltd.
55 Dorrance Street
Providence, RI 02903
Tel: (401) 331-3800
Fax: (401) 421-9302
e-mail: lml@viscontilaw.com
This message, including any attachments, is for the sole use ofthe intended recipients and may contain confidential information. Any
unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by
reply e-mail and destroy all copies ofthe original message. Thank you.
Disclosure Under IRS Circular 230: Any U.S. federal tax advice contained in this communication (including any attachments) is not
intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (il)
promoting, marketing, or recommending to another party any tax-related transaction or matter.
1
KATHLEEN M. CONNELL, ESQ.
170 SPRING STREET
NEWPORT, RI 02840
rr; ))l~; Ii:' II \vr7g"~::m

March 14,2011
Clerk, City of Newport

43 Broadway
Newport, RI 02840
,j
RE: Great Pub, LLC d/b/a Mudville Pub nn
,
Transfer ofBV license to 108 Laces, Inc. - .....
-~ _--~-
Creditor: Newport Specialty Foods, Inc.
Dear Clerk,
This office represents Newport Specialty Foods, Inc. Pursuant to Title 3-5-19 of
the Rhode Island General Laws, Newport Specialty Foods, Inc. hereby objects to the
transfer of the above referenced license due indebtedness of the licensee to Newport
Specialty Foods, Inc., which was incurred in the operation of the licensed premises. The
amount of indebtedness totals $ 2,935.17 (see attached invoice).
Please address all inquiries or notices relating to said objection to the

undersigned.
Attachment: Invoice
cc: Newport Specialty Foods

Michael Cheney
OFFICE: (401) 619-3092 * CELL: (401) 662-1356 * FAX (401) 619-3093

7/ 1/"7/2011 10: 15 Nc Jrt SpeCialty Foods Andy Roq~ +Kathleen Connell 1/1
Newport Specialty Foods

1079 Aquldneck Avenue
Middletown, RI 02842
STATEMENT
Phone: 401.849·1544
Fax:
, 401·848·0894
Statement Date: 01/25/11
Account Number: MUD
Page: 1
MUDVILLE PUB
8 WEST MARLBOROUGH STREET Amount Remitted
619·1100
NEWPORT, RI 02840
RETURN THIS PORTION OF
STATEMENT WITH YOUR PAYMENT.
~.
ment Date Terms Code Debits Credits Balance
6 01/09/10 Net 7 Days Invoice 182,20 182,20

02 01/10/10 Net 7 Days Invoice 56.26 238,46
6 01/11/10 Net 7 Days invoice 243.58 482.04
6 01/14/10 Net 7 DO\ys Invoice 172.63 654,67
,8 01115/10 Net 7 Days Invoice 230.17 884,84
;1 01/16/10 Net 7 Days Invoice 90,01 974.85
;9 01117110 Net 7 Days Invoice 92.03 1,066.88
2 01/18/10 Net 7 Days Invoice 111.52 1,178.40
7 01/20/10 Net 7 Days Invoice 141. 61 1,320,01
;2 01/23/10 Net 7 Days Invoice 343.23 1,663.24
;5 01/23/10 Net 7 Days Invoice 12.60 1,675.84
;9 01/24/10 Net 7 Days Invoice 361.65 2,037,49
9 01/25/10 Net 7 Days invoice 32.70 2,070.19
;4 01/26/10 Net 7 Days Invoice 143,86 2,214.05
·8 01/30/10 Net 7 Days Invoice 482.40 2,696,45
,9 02/02/10 Net 7 Days Invoice 109,94 2,806.39
9 02/06/10 Net 7 Days Invoice 77.98 2,884,37
6 07/18/10 COD PLUS EXTRA ON Invoice 50.80 2,935.17
Statement Balance 2,935,17 0,00 2,935.17

nent Aging:
Days old: Current 8 - 14 Days 15 - 21 Days Over 21 Days
AIR CONDITIONINMG (401) 846-0110
REFRIGERATION AND EVENINGS: (401) 683-0701
ELECTRICAL SERVICE FAX: (401) 846-8816
Don tl Sons
103 Forest Avenue· \!lQI!i1!J _'Ode Island !Q284~;
. p__,
w.
I'l:
, , JAN 2 0 2011
l i
L.. ~._1
C,;
January 18, 2011
City of Newport
43 Broadway
Newport, RI 02840
Re: Great Pub LLC,8 W. Marlborough St.
Newport, RI 02840
To Whom It May concern:
Please do not transfer liquor license for Great Pub
LLC until the full amount of $1,519.66 has been paid
in full to Don Jestings & Sons LLC for services
rendered.
Copy of statement enclosed.
Thanking you in advance, I remain,
p~/tJJj-Lr
Donald P. Jestings
Don Jestings & Sons LLC
DPJ:ld
Ene.
NAME Great Pub LLC
8 W.Marlborough Street
ADDRESS
Newport, RI 02840
CITY
~.J..--
- ~ ~-
DATE DESCRIPTION DEBIT CREDIT BALANCE
Balance forward $2 526.45

(,-1')-10 #1027 500.00 $2 026.45
7-11',-10 4H079 ')00 00 1'1:1 ')26 45
7-2~-10 7-16 143.02 $1,669.47
o '>-, '" .j/.' , ~() 500.00 $1. 169.47
9-28-10 #96 ~100 .00 Mf,q 6.7
10-,',_10 q-27 170 00 a_2q ,)7, 01 7,'" 01 '1:1 <=;1 ~1R
10-7-10 10-') 206 28 - $1.81q.66
11_0_1() '//'1 0 '"
300.00 $1.519.66
---
I L
L_ c.;;,,- ... j
CITY·a. F..i.:'.;:7.
ell',' CI [2:":1 r:' -:~E
MCLAUGHLIN &. MORAN. INC. ~ ....' . .....
40 Slater Road· Cranston, Rl 02920 • tel: (401) 463-5454 • fax: (401) 463-3770
March 14,2011 70081140000172302181
City Clerk
City Hall- Newport
Broadway
Newport, RI 02840
Gentlemen:
In accordance with the provisions of Section 3-5-19 of the General Laws of Rhode Island
(1956), as amended, please be advised that objection is hereby made to the liquor license
transfer of Great Pub LLC (Mudville Pub) to 108 Laces Inc. hearing date March 23,
2011 for the reason that said Great Pub LLC (Mudville Pub) is indebted as follows:
McLaughlin & Moran, Inc. $7,401.40
The above indebtedness was incurred in the operation of the premises at 8 West
Marlborough Street, (151 Fl. And Rear Patio)
In accordance with the above-quoted statute, it is respectfully requested that the said
license not be transferred unless the indebtedness is paid in full.
VelY truly yours,
Diane V. Pinelli
Credit Manager
Budweiser Bud Light Bud Dry Budweiser Select" Bud Ice Bud Ice Light Bud Extra Michelob " Michelob Light" Michelob Ultra" Michelob Ultra Amber
Q Q 0 0 0 0
Bacardi Silver 180 " AmberBock " Busch" Busch Light" Busch Ice " Busch NA " Natura/ Light" Natural Ice
Q
King Cobra" Hun-icane " rlurricane [-ligh Gravity" Tilt" O'Doul's " O'Doul's Amber" Tequiza ' Peds" Rolling Rock" Infensitea
PAUL J. PISANO
Attorney
February 9, 2011
City Council Sitting as Board

of License Connnissioners
Newport City Hall
43 Broadway
Newport, RI 02840
Fax: 848.5750
Gentlemen:
In Re: Mudville Pub
In accordance with the provisions of Section 3-5-19 ofthe General Laws of Rhode
Island (1956), as amended, please be advised that objection is hereby made to the liquor license
transfer of Great Pub, LLC., d/b/a Mudville Pub, hearing date 2.09.2011, for the reason that
said Mudville Pub is indebted as follows:
RI Distributing Co. $ 1,610.24

Horizons $ 7756.49
The above indebtedness was incurred in the operation of the premises at 8 West Marlborough
Street, Newport, RI. In accordance with the above-quoted statute, it is respectfully requested that
the said license not be transferred unless the indebtedness is paid in full.
VerJ4Uly yours, I
j
, ) !
.
y!. ,d,d .," '
/j~-'
(I .I
Paul J. Pis 0, Esq.
235 Cowesett Road • Warwick, Rhode Island 02886 • Tel: (401) 884-8850 • paucar2@verizon.net
Microsoft 401·464·6358 p,2
PAUL J. PISANO
Attorney
',---. Ii ,
ii
Febmary 22, 2011
,
L
City Council Sitting as Board
of License Commissioners
I
Newport City Hall
43 Broadway
Newport, RI 02840
Fax: 848.5750
Gentlemen:
In Re: Mudville Pub
In accordance with the provisions of Section 3-5-19 of the General Laws of Rhode
Island (1956), as amended, please be advised that objection is hereby made to the liquor license
transfer of Great Pub, LLC., d/b/a Mudville Pub, hearing date February 23, 2011, for the
reason that said Mudville Pub is indebted as follows:
RI Distributing Co. $ 1,610.24

• Horizon Beverage $ 6,956.49
The above indebtedness was incurred in the operation of the premises at 8 West Marlborough
Street, Newport, RI. In accordance with the above-quoted statute, it is respectfully requested that
the said license not be transferred unless the indebtedness is paid in full.
Very truly yours,

Cr.".,. . . ; rJ~'"
-, 1
r,:J! ,"UwvJ
Paul J. Pisano" Esq.
2H5 Cowesell Road' Warwiek, Rhode Island (12RSU • Tel.: (401) S84-SSr,O • p"llcar@cox,nel
FEB 1i -.,.
/ r...
Shoreline Electrical Services, Inc.

P.O. Box 1185
RI LIe # A-003617
(401)-841-8873 (401)-864.1350 (401)·465·4604
REQUISITION FOR PAYAMENT

Requested To:
c/o Mike Cheney
Mudville Pub LLC
8 West Marborough
Description of work:
- Add smoke detectors apartments, Finish kitchen area, emergency
lighting system, Exhaust fan rooftop unit, make-up air,
Inspections
Work Completed: December 2009
Balance Due: $ 1,400.00

VISCONTI AND BOREN LTD
COUNSELORS-AT-LAW
March 8, 2011 l.
II Girard R. Visconti VIA FACSIMILE (401) 849-8757

Richard A. Boren AND VIA FIRST CLASS MAIL
Dante J. Giammarco
"David M. Campbell
Kathy Silva, Clerk
o Jessica L. Papazian-Ross
Newport City Council
Newport City Hall
" Lillian M. Lloyd
43 Broadway
II Amy E. Stratton
Newport, Rhode Island 02840
II David L. Fine
0/ COllllSei Re: Transfer ofLiquor License of Great Pub LLC

... Gregory P. Cimino, II dba Mudville Pub
"also admitted in MA
y also admitted in MA and NY Dear Kathy:
II also admitted in CT and DC
The following is an itemization of the costs and damages claimed pursuant

to a Purchase and Sale Agreement between Michael P. Jacquard and Great Pub,
LLC dated January 4,2011:
1. Good Faith Deposit $ 20,000.00

2. Liquor License Transfer Fee 360.00
3. Mortgage Expense 1,900.00
4. Secretary of State - Corporate Fee 230.00
5. Title Search 96.00
6. UCCSearch 212.00
7. Web Domain 210.00
8. Interest (3 months @ 5.5%) 363.00
9. Legal fees (Visconti & Boren, Ltd.) 4,875.00
10. Lost Wages (M. Jacquard) (3 weeks) 2.400.00
Total: $30,646.00
Please be advised I have made a separate demand for payment to

Mr. Cheney.
Thank you for your attention in this matter.
Very truly yours,
jCLi'u~}ffCjU- :fttrf---
Lillian Magee Lloyd
LML/dled
55 Dorrance Street Providence Rhode Island 02903-2219

TEL 401 331-3800 FAX 401 421-9302 E-MAIL general@viscontilaw.com WEBSITE www.viscontilaw.com
City of Newport
REQUEST FOR ACTION BY CITY COUNCIL, SITTING AS
To: Chairman Waluk and Members of the Board of License Commissioners
From: Edward F. Lavallee, City Manager e;.t:fl'~
Subject: Show Cause Hea";ug: Billy Goode Company, Inc., d/b/a Billy Goode's-
Violation of the Conditions of the Class BV Alcoholic Beverage'Llcense-
Failure to Submit a Certificate of Good Standing from the Secretary of State,
Failure to Pay Renewal Fees ( Plus Penalties) for said Alcoholic Beverage and
Victualing Licenses, Failure to Receive Clearance from the Newport Tax
Collector, and Failure to Submit Verification of Alcohol Server Training
Staff Presentation: City Solicitor's Office
RECOMMENDATION:
It is recommended that the licensee show cause as to why his Class BV liquor license should not be suspended or
revoked, or a fine imposed, for the apparent violations of the Rules and Regulations of the Liquor Control Section of the
RI Department of Business Regulation andlor the Rules and Regulations of the Board of License Commissioners and the
Codified Ordinances of the City of Newport.
BACKGROUND AND l?INDINGS:
The licensee, Billy Goode Company, Inc., d/b/a Billy Goode's, has failed to meet the conditions of the Council in
granting renewal of the Class BV Alcoholic Beverage License for the period of December I, 2010 through December 1,
2011 because of the licensee's failure to submit a Certificate of Good Standing from the Secretary of State, failure to pay
renewal fees (plus penalties) tor said alcoholic beverage and victualing licenses, failure to receive' clearance from the
Newport Tax Collector, and failure to suhmit verification of alcohol server training.
FISCAL IMPACT
_ Currently Budgeted (Account _ _ _.) Requircs additional appropriation -.X No Fiscal Impact
Complaint served February 24, 20 II
Finance Dept Review: Date By: _ (if applicable)
MAR 9 iOll tlv-#21:~d--d5 J1~111

CITY OF NEWPORT
TO: Kevan J. Campbell

President
Billy Goode Company, Inc.
d/b/a Billy Goode's
29 Marlborough Street
Please take notice that the within Complaint will be called

for hearing before the Board of License Commissioners of the City
of Newport in the Council Chamber of City Hall on the 9th day of
March, 2011, at 6:30 p.m., or as soo thereafter as the matter
may be heard.
Edward Lavallee
City Manager
C E RjT II F I CAT E
I, ylltD'DBz4f. /lLj(jf;>~t-JiJ~ebY certify that on the
;}. $I day of l&"7JJatU~ll;)0// I hand-delivered a true copy of
the foregoing comPlain: to}<&-V//V {~!?B//in his/her

capaci ty as fJR./?S l?>eA/r at the above-named
establishment.
PLEASE RETURN THIS FORM TO THE CITY CLERK

CITY OF NEWPORT
Edward Lavallee, in his

capacity as City Manager and
Director of Public Safety
vs.
Kevan J. Campbell
President
Billy Goode Company, Inc.
d/b/a Billy Goode's
29 Marlborough Street
COM P L A I N T
EDWARD LAVALLEE, in his capacity as City Manager and
Director of Public Safety of the City of Newport, hereby
complains that the above-named liquor licensee has violated the
following statutory and/or regulatory provisions of the General
Laws of Rhode Island, the Regulations of the Liquor Control
Administrator, and/or the Rules and Regulations of the Board of
License Commissioners of the City of Newport in the following
specifications:
Said licensee failed to meet the provisions of Section 3-5-1

and 3-7-6.1, of the Rhode Island General Laws, and Section
5.04.040; 5.04,050; 5.12,010; and 5.12.020, Paragraph C-4,
of the Codified Ordinances of the City of Newport for the
issuance of its Class BV alcoholic beverage licenses by:
1) failing to submit a Certificate of Good Standing from

the Secretary of State;
2) failing to pay renewal fees (plus penalties) for said
alcoholic beverage and victualing licenses;
3) failing to receive clearance from the City of Newport
Tax Collector;
4) failing to submit verification of alcohol server
training.
WHEREFORE, the Director of Public Safety requests the Board

of License Commissioners to take such action against the liquor
license of the defendant licensee as the Board of License
Commissioners deems fair and just.
Edward Lavallee
Admitted to Bar
Rhode Island
New York
Attorney at Law
55 Memorial Boulevard Newport, Rhode Island 02840
(401) 848-7777 FAX (401) 848-7733
f". li-.'
I ii-
L'-:,
March 8, 2011
,
<i
Honorable Mayor Stephen Waluk and

City Council Members
43 Broadway
C' .U
Newport, RI 02840
RE: Billy Goode Company, Inc. d/b/a Billy Goode's, 29 Marlborough Street,
Newport, R.I.
Dear Mayor Waluk and City Councilors:
I am corporate counsel for Billy Goode Company Inc. d/b/a Billy Goode's.
I request a postponement of this show cause hearing to obtain other alternative counsel
to appear before you at the hearing.
Also, this postponement may enable my client to pay the remaining obligations
necessary to issue the license.
Thank you for your attention to this matter.
Very truly y~ours<_ -.

,
.:3 ?J
GREGORY F. FATER
GFF/mbm
City of Newport
H "'
To: Chairman Waluk aud Members of the Board of Liceuse Commissiouers

From: Edward F. Lavallee, City Manager dif~/'f"
Subject: Sbow Cause Hearing: A&:O, Inc., d/b/a Asterisk - Violation of the Conditions
of tbe Class BV Alcobolic Beverage License - Failure to Receive Clearance
from the RI Division of Taxation, Failure to Submit a Certificate of Good
Standing from the Secretary of State, Failure to Pay Renewal Fees ( Plus
Penalties) for said Alcobolic Beverage License, Fail.nreto Receive Clearance
from the Newport Tax Collector, and Failure to Receive Clearance from tbe
Newport Fire Department
RECOMMENDATION:
It is recommended that tbe licensee show cause as to wby his Class BV liquor license should not be suspended or
revoked, or a fine imposed, for the apparent violations of the Rules and Regulations of the' Liquor Control Section of the
RI Department of Business Regulation and/or the Rules and Regulations of the Board of License Commissioners and the
The licensee, A&O, Inc., d/b/a Asterisk, has failed to meet the conditions of the Council in granting renewal of the
Class BV Alcobolic Beverage License for the period of December I, 2010 through December I, 20 II because of the
licensee's failure to receive clearance from the RI Division of Taxation, failure to submit a Certificate of Good Standing
from the Secretary of State, failure to pay renewal fees (plus penalties) for said alcobolic beverage license, failure to
receive clearance from the Newport Tax Collector, and failure to receive clearance from the Newport Fire Department.
FISCAL IMPACT
_ Currently Budgeted (Account ) _.__ Requires additional appropriation X No Fiscal Impact
Complaint served February 23, 2011
Finance Dept Review: Dale By: _ (if applicahle)
~IM~ 9 (z®H ~iimuL-j; 3/7<3/1

CITY OF NEWPORT
TO: A&O, Inc.

d/b/a Asterisk
John Bach-Sorensen, President
Tracy A. Bach-Sorensen, Vice President
599 Thames Street

of Newport in the Council Chamber of City Hall on the 9th day of
March, 2011, at 6:30 p.m., or as soon thereafter as the matter
may be heard.
Edward Lavallee
City Manager
C E R TI F I CAT E
I, t~f. j. \j v-L$ ~l" , hereby certify that on the

day of ~l.JrJcvy--"\ / , I hand-delivered a true copy of
the foregoing Complaint to~ j0\--." &ch-- )~>im- his/her

capacity as 'VL">,~ at the above-named
establishment.
Police Officer Badge No.
PLEASE RETURN THIS FORM TO THE CITY CL

CITY OF NEWPORT

vs.
A&O, Inc.
d/b/a Asterisk
John Bach-Sorensen, President
Tracy A. Bach-Sorensen, Vice President
599 Thames Street
C OM P L A I N T
specifications:
Said licensee failed to meet the provisions of Section 3-5-1

and 3-7-24 of the Rhode Island General Laws, and Sections
5.04.040; 5.04,050; 5.12,010; and 5.12.020, Paragraphs A and
C-4, of the Codified Ordinances of the City of Newport for
the issuance of its Class BV alcoholic beverage licenses by:
1) Failing to receive clearance from the RI Division of

Taxation;
2) failing to submit a Certificate of Good Standing from
the Secretary of State;
3) failing to pay renewal fees (plus penalties) for said
alcoholic beverage license, plus penalties;
4) failing to receive clearance from the City of Newport
Tax Collector;
5) failing to receive clearance from the Newport Fire
Department.

license of the defendant licensee as the Board of License
Commissioners deems fair and j ~ ~
Edward Lavallee
Admitted to Bar
Rhode Island
New York
" Attorney at Law
55 Memorial Boulevard Newport. Rhode Island 02840
(401) 848-7777 FAX (401) 848-7733
March 8, 2011
Honorable Mayor Stephen Waluk and

City Council Members
43 Broadway
Newport, Rl 02840
RE: A&O Inc. d/b/a Asterisk, 599 Thames Street, Newport, RI
Dear Mayor Waluk and City Councilors:
I am corporate counsel for A&O Inc. d/b/a Asterisk.
I request a postponement of this show cause hearing to obtain other alternative counsel
to appear before you at the hearing.
Also, this postponement may enable my client to pay the remaining obligations
necessary to issue the license.
Thank you for your attention to this matter.
Very truly yours.,· '~/'\.. f'\.o .....,

l .v 'o,,\~)
~" y- --
;<...~'
GREGORYF. FATER
GFF/mbm
City of Newport
To: Chairman Waluk and Members of the Board of License Commissioners
From: Edward F. Lavallee, City Manager C;:J~{}.'j-'
Date: Ma"ch 1,2011
Suhject: Show Cause Hearing: Oak Street Partnership, Inc., d/b/a Kerry Hill Club -
Violation of the Conditions of the Class D Alcoholic Beverage License - Failure
to Receive Cleal'ance from the RI Division of Taxation, Fallure to Submit a
Certificate of Good Standing from the Secretary of State, Failure to Pay the
Current Year Alcoholic Beverage License Fee, and Failure to Receive
Clearance.from the Newport Tax Collector
RECOMMENDAnON:
It is recommended that the licensee show cause as to why his Class D liquor license should not be suspended or revoked,
or a fine imposed, for the apparent violations of the Rules and Regulations of the Liquor Control Section Of the RI
Department of Business Regulation and/or the Rules alld Regulations of the Board of License Commissioners and the
BACKGiROUNIJI AND FINDINGS:
The licensee, Oak Street Partnership, Inc. d/b/a Kerry Hill Club, has failed to meet the conditions of the Council in
granting renewal of the Class D Alcoholic Beverage License for the period of December I, 20 I0 through December 1,
2011 because of the licensee's failure to receive clearance from the RI Division of Taxation, failure to submit a
Certificate of Good Standing from the Secretary of State, failure to pay the cun·ent year ·alcoholic beverage license fee,
and failure to receive clearance from the Newport Tax Collector
PREVIOUS LEGISLATIVE ACTYON
FISCAL IMPACT
~ Currently Budgeted (Account_~ J __ Requires additional appropriation _K. No Fiscal Impact
Complaint served February 24, 2011
Finance Dept Review: Date By: _ (if applicahle)

CITY OF NEWPORT
TO: Joseph Brady, President

Oak Street Partnership, Inc.
d/b/a Kerry Hill Club
15 Oak Street

of Newport in the Council Chamber of City Hall on the 9 th day of
March, 2011, at 6:30 p.~m, r\as soon thereafter as the matter
may be heard. I r :;1:
~r ".':.'/ ~.L,
Edward Lavallee
City Manager
Ar~'~c E R T J.1F I CAT E

t1J I, orr, r:.P6-eJt.I &&oJtt!, hereby certify that on the
J-Z/ .dey of Teb"'II,,&irJ-j ~',l, ~end-~:iye:ed :feue copy of

the foregoing Complaint to ST2j;:;hm J, 6flt~.;; his/her
capacity as ()£{l/1ei: at the above-named
establishment.
{J 1("
Officer Badge No. 11~
PLEASE RETURN THIS FORM TO THE CITY CLERK

CITY OF NEWPORT

vs.
Joseph Brady, President
Oak Street Partnership, Inc.
d/b/a Kerry Hill Club
15 Oak Street
COM P L A I N T
specifications:
Said licensee failed to meet the provisions of Section 3-7-

24 of the Rhode Island General Laws, and Sections 5.041.050,
and 5.12.020, Paragraph C-4,of the Codified Ordinances of
the City of Newport by:
1) Failing to receive clearance from the RI Division of
Taxation;
2) Failing to submit a Certificate of Good Standing from
the Secretary of State (corporate status revoked);
3) Failing to pay the current-year alcoholic beverage
license fee;
4) Failing to receive clearance from the Newport Tax
Collector.

license of the defendant licensee, including revocation of said
Class D alcoholic beverage license, as the Board of License
Commissioners deems fair and j2J,st
" (__ ~'.' i'>-, ,/
-/" '~!
'. " """""~ /.1'
h'/.
~4Iv .,' ';'l'A4f>Y;fL
Edward &' a ree
March 9, 2011
Fmm: Joseph Brady, President

Oak Street Pmtnel'ship, Inc,
dba Ken'y Hill Club
15 Oak StreeT.
Newport,RI02840
To: Kathleen Silvia, Clerk

City of Newport
City Hall
Newport, RI ()2840
Kathy,
With regards to the show cause hearing pertaining to the above refere.nced corporation, I
1lnl respectfully requesting an extension to the Councilllleeting ofMarch 23,2011.
This will allow me sufficient time to complete the necessary filing requirements.
Thanle yo u for YOUl~ consi deration.
Joseph Brady
Via Fax 401-849-8757

NewportCityCouncil March23

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NewportCityCouncil March23

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CITY OF NEWPORT

DOCKET OF THE COUNCIL

PLEDGE OF A LLEGIANCE TO THE FLAG

1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY

a. Minutes ofthe March 9, 2011, Council Meeting (Approve)

b. Special Event License:

1) The Newport Elegance, LLC, d/b/a Newport Concours d'Elegance

3) Newport Festivals Foundation, Inc., d/b/a Newport Jazz Festival

c. Banner License, Newport Boys and Girls Clubs; 15 banners on America's

d. Banner License, International Tennis Hall of Fame; 40 banners on

e. Holiday Selling Licenses, New:

f. Holiday Selling License, Renewals:

20) Tsering Ngamdung, d/b/a Tibet-in-Port, 411 Thames St.

g. Second Hand License, Renewals:

k. Resignation of Marty Grimes from the Energy & Environment

1. CRMC notices of intention to change management plans, policies,

m. Claim of Timothy and Rachae1 Cavazza (Receive and refer to city

LICENSES AND PERMITS

3. Communication from Turner C. Scott, Esq., on behalf of Verbena, LLC, 155

12. Communication #4819111, re: U.S. Environmental Protection Agency Grant

ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSE

a. Communication from the Shareholders of Mama Luisa, Inc., d/b/a Mama

c. Sunday Selling License, Renewal, Vickers' Liquors, LLC, d/b/a Vickers'

LICENSES AND PERMITS

2. Application of Newport Prescription Center, Inc., d/b/a Island Liquors, 291

a. Communication Lillian Magee Lloyd, Esq., re: notification that transfer

COMMUNICATIONS FROM THE CITY MANAGER

4. BLC Communication #4811/11, re: Show Cause Hearing: Billy Goode

6. BLC Communication # 4813/11, re: Show Cause Hearing - Oak Street

March 16, 2011

MUSICAL SELECTIONS WERE PLAYED BY THE ANCIENT ORDER OF

The MAYOR called the meeting to order at 6:32 p.m.

CHARLES y. DUNCAN JEANNE-MARIE NAPOLITANO

ABSENT: HENRY F. WINTHROP

n. Communication from George Brian Sullivan, Ph.D., President, The Newportant

r. Annual Report of the Cliff Walk Commission (Receive)

MAYOR WALUK moved the communication be received. Seconded by COUNCILOR MC

The motion to receive the report was VOTED UNANIMOUSLY.

LICENSES AND PERMITS

3. APPOINTMENTS TO BOARDS AND COMMISSIONS

MAYOR WALUK moved William Corcoran be reappointed to the Redevelopment Agency.

4. Hosting of Congress of Councils Meeting to Fight LNG Facility in Fall River, MA - N.

5. Amending Chapter 1.14.200 of the Codified Ordinances, entitled, "Violation of Chapter

COMMUNICATIONS FROM THE CITY MANAGER

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying

VOTE on the motion to approve:

In favor - MAYOR WALUK; COUNCILORS MC LAUGHLIN, NAPOLITANO and

Opposed - COUNCILORS DUNCAN and LEONARD.

7. Communication #4807/11, re: Implementation of Twenty-four Hour Resident Parking on

VOTE on the motion to continue:

In favor - MAYOR WALUK; COUNCILORS LEONARD, MC LAUGHLIN,

Opposed - COUNCILOR DUNCAN

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying

9. Communication #4809/11, re: CSO Stakeholders Workgroup

COUNCILOR MC LAUGHLIN moved the communication be received and appointment of a

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanying

7:10 P.M. ADJOURNED AS COUNCIL AND CONVENE AS BOARD OF LICENSE

BOARD OF LICENSE COMMISSIONERS

LICENSES AND PERMITS

CHAIRMAN WALUK moved the license be approved. Seconded by COMMISSIONER

COMMISSIONER MC LAUGHLIN moved the hearing be closed. Seconded by COMMISSIONER

COMMISSIONER MC LAUGHLIN moved the expansion be approved. Seconded by