HomeMy WebLinkAboutC-8052-1 - PSA for 2016 Eelgrass Habitat Mapping SurveysME
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH COASTAL RESOURCES MANAGEMENT, INC. FOR
2016 EELGRASS HABITAT MAPPING SURVEYS
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 19th day of September,
2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and COASTAL RESOURCES
MANAGEMENT, INC., a California corporation ("Consultant"), whose address is 144
North Loreta Walk, Long Beach, CA 90803, and is made with reference to the following:
RECITALS
A. On May 16, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") to conduct eelgrass habitat mapping surveys in
Newport Harbor for 2016, as well as invasive algae surveys at 15 locations
("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, as amended, to ensure compliance with
Prevailing Wage and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Seventy Five
Thousand Seventy Three Dollars and 001100 ($75,073.95), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Eighteen Thousand Six Hundred Seventy Two Dollars and 001100 ($18,672.00).
3. PREVAILING WAGES
Section 29 of the Agreement is added to include the following: "If any of the
Work contemplated under the Agreement is considered a "public work", pursuant to the
applicable provisions of the Labor Code of the State of California, including but not
limited to Section 1720 et seq., not less than the general prevailing rate of per diem
wages including legal holidays and overtime Work for each craft or type of workman
shall be paid to all workmen employed on such. In accordance with the California Labor
Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the
general prevailing rate of per diem wages in the locality in which the Work is to be
performed for each craft, classification, or type of workman or mechanic needed to
execute the Agreement. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the
Department of Industrial Relations. The Consultant is required to obtain the wage
determinations from the Department of Industrial Relations and post at the job site the
prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation
thereof."
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Coastal Resources Management, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: %/Z I / /S
By: — (�)
Aaron C. a p 12,0
City Attorney
ATTEST:
Date:
Date:
By: &I �M- J, p6llvw�
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: Ig -S l M
By:
Dave Kiff
City Manager
CONSULTANT: Coastal Resources
Management, Inc., a California corporation
Date:
Signed in Counterpart
By:
Rick Ware
President and Treasurer
[END OF SIGNATURES]
Attachments: "®Exhibit A — Scope of Services
Coastal Resources Management, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: %%I / /�
BY \� (�►ri
Aaron C. a p a
City Attorney
ATTEST:
Date:
By:
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
CONSULTANT: Coastal Resources
ManagementInc., CJI11fornia corporation
Date: ill ),I f � I
By: /G Vu
Rick Ware
President and Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Coastal Resources Management, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Coastal Resources Management, Inc. Page A-1
2
EXHIBIT 1. SCOPE OF WORK
TASK 1. CONDUCT SIDESCAN SURVEY IN OPEN WATER CHANNELS OF NEWPORT
HARBOR
PROJECT PURPOSE AND OVERVIEW
The purpose of this task is to update the database of eelgrass distribution in Newport Bay Deep Water
Habitat (DWEH) in September 2016 using remote survey methods rather than diver survey, since
large-scale diver surveys conducted within active navigational channels in Newport Harbor can
present significant diver safety issues and can be extremely labor-intensive. Remote sensing
techniques (sidescan sonar/downlooking sonar and remote underwater video) eliminate these issues.
Deep Water Eelgrass surveys are necessary so that the City has a detailed and complete
knowledge of eelgrass bed resources within Newport Bay, as required for the implementation
of the City of Newport Beach "Eelgrass Protection and Mitigation Plan for Shallow Waters
in Lower Newport Bay: An Ecosystem Based Management Program". The Deepwater
Habitat survey will update CRM Deepwater Habitat Surveys conducted in 2008 and 2012
(Coastal Resources Management, Inc. 2009, 2014) that mapped 45.86 acres of eelgrass in the
navigation channels in 2008 and 45.92 acres of eelgrass in 2012. The 2012 map is shown in
Figure 1.
For FY 2016 Deep Water survey, CRM proposes to update eelgrass habitat surveys in open water
navigational channels in Harbor Entrance Channel, Corona del Mar Bend, Balboa Reach, and Balboa
Island East Channel consistent with the areal cover and the methods employed during previous
studies (Figure 1).
CRM will incorporate sidescan and downlooking sonar technology linked with high-resolution
underwater video. Methods to be employed will be the same as utilized during the CRM 2008 and
2012 sidescan sonar surveys (Coastal Resources Management, Inc. 2009 and 2014). It is extremely
important to utilize consistent methodology, equipment, personnel, and data analysis techniques using
remote survey methods, since the use of different instrumentation, personnel, and data management
systems, and comparing previously -collected data can result in widely varying results. Thus, CRM's
proposal to provide these services allows the City to utilize direct comparisons on a year-to-year basis
when submitting the results of the survey to the regulatory agencies.
The remote sensing methods we employ are approved techniques to map eelgrass as outlined in the
California Eelgrass Mitigation Policy (National Marine Fisheries Service 2014). In addition, a
proposed NOAA Southern California Eelgrass Regional -Wide Monitoring Program will include a
recommendation that eelgrass habitat mapping efforts should be conducted using sidescan sonar
methods and where possible, be accompanied by the collection of bathymetric data.
The project deliverable will be an eelgrass habitat map of eelgrass along with a calculation of eelgrass
acreage found within Newport Harbor's Deep Water Habitat. CRM will prepare a field report of our
field survey findings and a detailed GIS habitat map that will be included in the City of Newport
Beach GIS mapping system on the City's website.
Figure 1. Survey Area (Shown with the CRM 2012 Deepwater Eelgrass Habitat Survey Results).
4
2.0 SURVEY METHODS
The survey will employed sidescan sonar and downlooking sonar technology to identify
eelgrass vegetation. The survey will be conducted over a three-day the week of either
September 19th or September 26th, 2016. Survey personnel will include Mr. Rick Ware
(Principal Investigator/Senior Marine Biologist, CRM), Mr. Rick Hollar (Senior Coastal
Engineer, Nearshore and Wetland Surveys), and Mr. Tom Gerlinger (CRM, Skipper)
Surveys conducted on Days 1 and 2 will focus on sidescan and downlooking sonar mapping
tasks. Day 3 will on ground-truthing targets throughout the survey area using an underwater
video system. The work will be performed from CRM's 22 ft Carolina Skiff (Figure 2)
outfitted with full navigation, downlooking sonar, sidescan sonar, and davit for deployment.
Figure 2. CRM's Research Vessel Showing Set Up for Sidescan Sonar Surveying
2.1 FIELD SURVEY METHODS
2.1.1 Sidescan Sonar Methods
The following equipment will be used to conduct the study:
• Trimble DMS 232 Differential Global Positioning System (DGPS) Receiver,
• Edgetech 4125D Sidescan Sonar System with 400/900 kHZ Towfish,
• Odom Hydrographic Hydrocrack II Depth Sounder,
• AMD Sound Velocity Recorder, and
• Hypack Max Hydrographic Data Acquisition and Processing Software.
Positioning. Horizontal positioning for the survey will be achieved using a real time DGPS
positioning system. Differential Corrections, broadcast by US Coast Guard were used to
correct the raw GPS data. The horizontal will be North American Datum of 1983 (NAD83),
epoch 2011.0, the projection will be California State Plane Coordinate System Zone VI, and
the units will be US Survey feet. The vertical datum will be Mean Lower Low Water
(MLLW), epoch 83-01 based on recorded water level data from the National Oceanic and
Atmospheric Administration (NOAA) tide gauge located on the Newport Pier.
Sidescan Sonar Data Collection. The sidescan towfish will be flown from the starboard
bow of the survey vessel to minimize signal contamination from the propeller wash (Figure
3).
Figure 3. Towfish Positioning and Deployment on the Starboard Side of the Vessel
To minimize turns during data collection, the survey area will be divided in overlapping sub-
regions that will covered with straight line segments. Using the navigation display of the
Hypack online software, the vessel will be steered along pre -planned shore -parallel tracklines
spaced 100 ft apart.
The Edgetech 4215D Sidescan Sonar System with the 400/900 kHz towfish will be operated
at the 30 meter (100 ft) range (each channel) providing 100% data overlap. Sidescan sonar
and DGPS data will be recorded using the Edgetech Discover software and processed using
the Hypack Software to produce a compilation of rectilinear corrected composite image
mosaics.
The position of the towfish will be determined by applying an offset to the vessel's position
based on a layback as resolved from the vessel's heading and the amount of sonar tow cable
laid out. Towfish altitude above the seabed will be recorded continuously and used for data
slant range correction. Sounding data will be obtained at the same time as the sidescan sonar
data.
2.1.2 Deepwater Eelgrass Habitat (DWEH) Downlooking Sonar Surveys
CRM's Lowrance HDS-12 Gen2 Touch Chartplotter/Ecosounder will be used to acoustically
collect data on bottom depth and eelgrass vegetation occurrence and plant height from the
unit's 200 -kilohertz (kHz) transducer acoustic signal associated with a Wide Area
Augmentation System (WAAS)-corrected global positioning system (GPS) position. In
addition, a 455/800 kHz transducer and power module with dual channels (Structure scan and
downlooking) will provide a 180 degree view and a downlooking view of the seafloor (data
were logged on the 800 -kHz channel). See Figure 4 for a representative view of the seafloor
provided by the downlooking channel.
Acoustic beam angle for the 200 -kHz signal on the 83/200 -kHz dual frequency transducer
(standard transducer on HDS units) is 20 degrees; the beam coverage for the 455/800 dual
frequency transducer is 180 degrees with side lobe angles of 0.9 degree and the down -
looking lobe of 1.1 degrees. This narrow elliptical beam essentially "scans" seafloor bottoms.
Ping rates are set at 15 per second. Pulse width will be dynamic and varied depending on
depth, which varied between 2 and 30 feet. Acoustic data will be collected at the Lowrance
default of 3,200 bytes per second. The range window on the unit will be set to Auto, which
maximizes the resolution of the acoustic envelope at the full range of depths sampled
(approximately 2 to 30 feet).
GPS positions are recorded every one second, and bottom features from pings that elapse
between positional reports are averaged for each coordinate/data point. Therefore, the
attribute value (e.g., depth and plant height) of each data point along a traveled path
comprised a summary of 5 to 30 pings. Each ping goes through a quality test to determine
whether features could be extracted and, if so, will be sent on to feature detection algorithms.
Those failing quality assurance tests are removed from the set considered for summarization.
Figure 4. Downlooking Sonar Image of Deepwater Newport Bay Eelgrass Off Balboa Island.
Low density (patchy) and high density eelgrass is shown as well as a school of fish above the
eelgrass.
2.2 TARGET VERIFICATION SURVEY
While the sidescan and downlooking sonar survey lines are being run, GPS waypoints will be
marked at locations that depict the presence of SAV and other bottom features that may
mimic the acoustical return of eelgrass. These will then be used to conduct follow-up video
target verification survey on Day 3 of the survey to verify both seafloor characteristics and
the presence of eelgrass as recorded by sidescan sonar and the downlooking sonar system.
An Ocean Systems Deep Blue "Splash Cam" (Figure 5) equipped with a Fisheye NEO 200
DX SWR Underwater Video/Dive Light (2,000 lumens) will be used to view and record
seafloor habitat types and dominant marine community characteristics
Figure 5. Splash Cam Video Unit
The unit will be deployed from the vessel's davit. The Deep Blue Splash Cam video will be
viewed real-time onboard the survey vessel and also recorded through an IRecorderT. on to a
field laptop computer for later download and office analyses. Survey information (date,
time, and positioning) will be recorded on the Deep Blue Splash Cam Video to assist in
matching sidescan/downlooking sonar data with the location of identified vegetation and
organisms.
2.3 DATA PROCESSING
2.3 Eelgrass Habitat Maps
2.3.1 Sidescan Sonar Data
Sidescan sonar data will be processed using the Hyscan Processing module of the Hypack
software. Geo -referenced photo -mosaic TIFF files will be created by digitally overlaying
data from overlapping sonar passes. These photomosaics will then be imported into ArcGIS
10.1. Eelgrass polygons will then be created based upon the identifiable eelgrass locations
observed within the photomosaics. All generated eelgrass polygons will be projected in
NAD 83 (feet), California Zone VI FIPS 0406 (survey ft).
2.3.2 Vegetation Detection Using Bioacoustical Mapping Methods
Data from the downlooking sonar survey will be uploaded to Contour Innovations' LLC
centralized cloud servers for analysis. Acoustic signals from HDS 200 kHz transducers
travel through eelgrass (SUV, submerged aquatic vegetation) on their way to bottom. The
distance between the seafloor acoustic signature and top of the plant canopy is recorded as
the plant height for each ping.
CRM will implement the following data limit and filter:
Plant height point data included for analysis will be limited to a range between 0.5 feet and 3
feet which is a good approximation of subtidal occurring developed eelgrass beds in southern
California bays (R. Ware personal observations). This range eliminates bioacoustic returns
of bottom -occurring red and green algae that may also be present in the survey area.
Combined with the results of video target verification, the filtered data will be outputted into
ArcGIS 10.1 for map production. Final maps will be refined based upon a review of the
bioacoustic target verification information, video target review, and preliminary bioacoustic
map outputs. All generated eelgrass polygons will be projected in NAD 83 (feet), California
Zone VI FIPS 0406).
CRM's sidescan sonar and downlooking sonar maps produced during 2008 and 2012 are
shown in Figures 6 and 7.
Figure 6. Project Deliverable.
Mapping in 2008 recorded a total of 45 acres of deep water channel eelgrass.
6062000.: <::. 6065000._. 6068000..'-.,
Z.
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R
Balboa Reach
YV
ch6062000. 6065000: 6068000
Horizontal Datum: NAD 83, State Plane Caldornia VI, FIRS 0406 (ft) Legend
0 625 1,250 Deep WaterEegrass(Siaescen Sonar Survey) 2012
®Feet - Shallow Water E e [grass 2013-2014
Coastal Resources Management, Inc.
Figure 7. Project Deliverable. 2012 CRM Newport
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Bay Deep Water Sidescan Survey
(shown with CRM Shallow Water Eelgrass Surveys)
10
TASK 3. PREPARE PROJECT REPORTS
CRM will prepare a project report for both tasks and snake them available to the City as each task is
completed. The report will present field methods, survey results, a calculation of Deepwater Eelgrass
habitat (DWEH), and compare the results to previous DWEH surveys conducted in 2008 and 2012.
The resulting report and ArcGIS data will be integrated into the City's long-term eelgrass data base
and will be integrated into the City's GIS website.
TASK 4: PROJECT MANAGEMENT
Mr. Rick Ware, Senior Marine Biologist and Principal of CRM will be the Principal
Investigator/Project Manager for this project. He will be responsible for the timely execution of field
work and project submittals and the scientific accuracy of the data and the report. He will be assisted
by Mr. Rick Hollar, Direct of Field Operations for the project and Principal of Nearshore Wetland
Surveys (NWS).
11
EXHIBIT 2. PROJECT COSTS
Proposed costs for FY 2016 are provided below. The total not -to -exceed proposed cost for all tasks
is $18,672.
Cost Summary
Deepwater
Eelgrass
Sidescan
Survey
Mobilization'
$2,742
Three-day field Survey 2
$7,515
Data Analysis, Report
$8,415
Preparation, and Submittal
of Deliverable 3
Project Total
$18,672
'Mobilization includes preparation of gear, shipping and returning of leased sidescan sonar, and preparation
time for the survey
'Deepwater eelgrass sidescan survey includes: Sidescan and downlooking sonar survey of eelgrass habitats in
Newport Harbor and remotely -deployed underwater video camera survey to verify \sidescan and downlooking
sonar survey records
3Includes GIS habitat map data analysis and production and synthesis report
PROFESSIONAL SERVICES AGREEMENT
WITH COASTAL RESOURCES MANAGEMENT, INC. FOR
2016 EELGRASS HABITAT MAPPING SURVEYS
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 16th day of May, 2016 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and COASTAL RESOURCES MANAGEMENT, INC., a California corporation
("Consultant'), whose address is 144 North Loreta Walk, Long Beach, California 90803,
and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to conduct eelgrass habitat mapping surveys
in Newport Harbor for 2016, as well as invasive algae surveys at 15 locations
("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2018, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work'). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Fifty Six
Thousand Four Hundred One Dollars and 00/100 ($56,401.95), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
Coastal Resources Management, Inc. Page 2
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Rick Ware to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
-Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All
Services shall be performed by qualified and experienced personnel who are not
employed by City. By delivery of completed Work, Consultant certifies that the Work
Coastal Resources Management, Inc. Page 3
conforms to the requirements of this Agreement, all applicable federal, state and local
laws, and legally recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties), from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable, or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
Coastal Resources Management, Inc. Page 4
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
Coastal Resources Management, Inc. Page 5
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
Coastal Resources Management, Inc. Page 6
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
Coastal Resources Management, Inc. Page 7
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Rick Ware
Coastal Resources Management, Inc.
144 N. Loreta Walk
Long Beach, CA 90803
Coastal Resources Management, Inc. Page 8
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
Coastal Resources Management, Inc. Page 9
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Coastal Resources Management, Inc. Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: TA 8
By:
Aaron C. Harp �f
City Attorney
ATTEST:
Date: Y/ oC IY
44. -
By:
Leilani I. Brow
City Cler 'Jewpn.
CITY OF NEWPORT BEACH,
a Califorrrlia mupigipal corporation
Date: ) — 3 t•- l
David A. Webb
Public Works Director
CONSULTANT: Coastal Resources
Management, Inc., a California
corporation
Date:
Signed in Counterpart
By:
Rick Ware
President and Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Coastal Resources Management, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: r Y,64
By: t�a�
Aaron C. Harp elf
City Attorney
ATTEST:
Date:
M
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
David A. Webb
Public Works Director
CONSULTANT: Coastal
Management, Inc., a
corporation
Date: ./"/, �
.,
0
sident and Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
CNB Public Works
MAY 242016
Resources
California
Coastal Resources Management, Inc. Page 11
EXHIBIT A
SCOPE OF SERVICES
Coastal Resources Management, Inc. Page A-1
1
SCOPE OF WORK
TASK 1- EELGRASS HABITAT MAPPING
Coastal Resources Management, Inc. (CRM) proposes to conduct a baywide eelgrass
(Zostera marina) mapping project to document the extent and abundance of this seagrass
between the Newport Harbor ocean entrance channel and Dover Shores in Upper
Newport Bay.
Field Surveys. Field survey methods will follow those used during the prior CRM
Baywide mapping surveys. Diver surveys will be conducted throughout Newport Harbor
(Figure 1), beginning with Balboa Island. Divers will survey eelgrass from its upper limit
(usually in the low intertidal zone) to about 30 feet past the end of docks and piers except
where the pierhead line is irregular such as along Carnation and China Cove where the
shallow water eelgrass bed forms a continuum with the deeper Navigational Charnel eelgrass
bed. In addition, downlooking sonar will be used to augment the shallow eelgrass surveys
generally within the -6 to -15 ft contours in the Main Channel along shoreline of Balboa
Island and Corona del Mar and in Linda Isle Inlet where shallow water diver survey areas are
either extremely large and complicated to survey/or where dive conditions are considered
hazardous due to currents or vessel traffic.
Eelgrass vegetation will be mapped using a Global Position System (GPS) system and a
team of CRM biologists consisting of a diver and a surface support biologist. First, the
diving -biologist swims underwater transects within an area to locate eelgrass. Once the
eelgrass bed is located, the diver -biologist marks the beginning of the eelgrass with a
yellow buoy. The surface support biologist working from a kayak then initiates tracking
of the biologist diver using GPS technology as he swims the perimeter of the individual
eelgrass bed. Once the diver returns to the beginning point, the GPS track is terminated.
The resulting data is a GIS polygon of the eelgrass bed. Eelgrass patches less 2 square
meters in size are referenced as a GPS "point". The accuracy of the mapping will be
approximately one meter or less using differential Magellan GPS post -processing
software.
We will also collected information on eelgrass "turion" density, which provides an
indication of eelgrass vegetation within the perimeter of the bed. Turions are eelgrass
units consisting of the above -sediment portion of the eelgrass consisting of a single shoot
and "blades" (leaves) that sprout from each shoot (Figure 2). Turion density surveys will
be conducted at fourteen sites by the SCUBA -diving biologist counting the number of
live, green shoots at the sediment/shoot interface within replicated 0.07 square meter (sq
m) quadrats. Thirty replicate counts will be made at each site along a transect continuum
between the shallow and deep edges of the bed (n=30 counts per transect).
Other background information collected during the survey will include general eelgrass
health, eelgrass blade lengths and widths, sedimentary conditions (sand or silt), water
visibility, water depth, and plants and animals observed in the eelgrass beds during the
survey.
Coastal Resources Management, Inc. 144 N Loreta Walk, Long Beach, CA 90803
(949) 412-9446 (office/cell); (562) 433-6991 (fax). rware.crm(agmail.com (email)
UpperBay` 1
,r
e
Figure 1. Eelgrass Survey Regions
Data Analysis. Field data will be downloaded into CRM's computer database using
Geographic Information Systems Software (Magellan Mobile Mapping Software, GPS
PRO Tracker, and ArcGIS 10.1 and Excel spreadsheets) and then error -checked.
Eelgrass GIS polygons will be generated by survey area (Figure 1). CRM will transfer
the error -checked eelgrass GIS data files to the City of Newport Beach GIS Department
who will provide CRM with the City -approved, final GIS polygons and areal cover
calculations for each of the identified regions. Areal cover of eelgrass will be analyzed
by region, and by survey year since 2003. These data will then be used by CRM to
prepare the final project report. The City's GIS Department will also refine the GIS
information specifically for the City's RGP requirements, as CRM's data is also inclusive
of other shallow water regions of Newport Harbor.
Eelgrass turion density will be analyzed by station, with a comparative analysis between
stations and all previous surveys. Summary statistics for each eelgrass turion density
station will be generated and include mean, standard deviation, number of samples and
minimum and maximum values.
The survey datum will be NAD 83 California State Plane FIPS 0406 (ft). Eelgrass areal
cover will be presented in square feet (sq ft), and converted into square meters (sq m) and
acres. Eelgrass density data will be presented in number of turions per square meter (sq
m).
Coastal Resources Management, Inc. 144 N Loreta Walk, Long Beach, CA 90803
(949) 412-9446 (office/cell); (562) 433-6991 (fax). rwarc.crmAymail.com (email)
Fif
make up an eelgrass "turion" unit. Source Photo: CRM, Inc.
)ot
Report Preparation. CRM will produce a final eelgrass mapping studies report. For
presentation and area calculation purposes, as well as consistency with previous CRM
studies, the data will be sectioned into eelgrass mapping "regions" (Figure 1).
Comparisons with previous years as well as between regions will be made using tabular
and graphic formats.
Secondly, the information will be presented relative to established "Eelgrass Zones"
based upon eelgrass abundance data collected since 2003 ("Stable Eelgrass Zone,
Transitional Eelgrass Zone and Unvegetated Zone").
Data obtained during the eelgrass survey will be available for City managers and the
public on the Harbor Resources Department website. This website allows the public to
view an aerial photograph of Newport Bay and the mapped locations of eelgrass for all
years when the surveys have been conducted. In addition, users can type in a street
address to determine if eelgrass beds or smaller patches area are located near or in front
of their property.
CRM's team will work with the City of Newport Beach to ensure that all datums,
formats, and procedures used during the mapping survey will be compatible with
established protocols of the City of Newport Beach GIS Department.
Coastal Resources Management, Inc. 144 N Loreta Walk, Long Beach, CA 90803
(949) 412-9446 (office/cell); (562) 433-6991 (fax). rware.crm(agmail.com (email)
CRM will present the final eelgrass GIS data files to the City of Newport Beach GIS
Department for inclusion into the City's GIS website.
Deliverables
Field Surveys The eelgrass habitat mapping field surveys are expected to take no
longer than six months (May -Oct) to complete; about 21 linear miles of bay bottom
habitat at depths between the low tide zone and an approximate depth of -10 ft MLLW
need to be surveyed.
Final Proiect Report. CRM will produce and deliver the final eelgrass mapping analysis
report to the City of Newport Beach Harbor Resources Division within 30 days following
the receipt of the final eelgrass map GIS files and acreage calculations from the City's
GIS Department.
Proiect Updates and Invoices. CRM will provide monthly project status updates and
monthly invoices to the Harbor Resources Manager.
CRM Team Members. The primary CRM survey team will include Mr. Rick Ware (B.S.
Zoology, M.A., Biology, CSULB); Mr. Nick DaSilva (B.S, Aquatic Biology, UCSB),
Mr. Mike Anghera (B.S. Marine Biology, UCSB, Dive Safety Officer; Mr. Tom
Gerlinger (B.S. Biology, Ohio State University, M.A. Biology CSULB); and Miss
Amanda Bird (BA, Biology, Arizona State University and M.S. Candidate, Cal State
University Fullerton). These individuals have conducted prior CRM eelgrass habitat
mapping surveys for the City and have extensive experience conducting eelgrass bed
resource surveys throughout southern California. .
Project Management. Mr. Ware will be the principal investigator/project manager. He
has 38 years of experience conducting marine biological studies throughout California,
with extensive experience in Newport Bay since 1978. He will be responsible for the
conduct of the habitat mapping survey and the submittal of a scientifically accurate report
to Mr. Chris Miller, Harbor Resources Manager. Mr. Ware will submit monthly progress
reports and invoices to Mr. Miller. Mr. Ware will attend two (2) project management
meetings; one at the project onset and one following the submittal of the final project
report.
TASK 2 -INVASIVE ALGAE SURVEYS (15)
The City of Newport Beach requested that CRM conduct 15 invasive algae surveys
associated with City dredge projects on Balboa Island, in China Cove (Corona del Mar),
and near Bay Island. CRM will conduct the surveys over a two-day period and provide a
single agency -mandated Caulerpa Survey Report that will detail the results of all 15
surveys. CRM requests that the City provide (1) a project description for inclusion into
the report and (2) agency permit numbers for inclusion into the report. The City has
already provided CRM with site maps. CRM will conduct the survey upon contractual
authorization to proceed.
Coastal Resources Management, Inc. 144 N Loreta Walk, Long Beach, CA 90803
(949) 412-9446 (office/cell); (562) 433-6991 (fax). rware.crmammail.com (email)
EXHIBIT B
SCHEDULE OF BILLING RATES
Coastal Resources Management, Inc. Page B-1
COASTAL RESOURCES MANAGEMENT, INC.
NEWPORT SAY SHALLOW WATER EELGRASS AND INVASNE ALGAE (CAULERPA) SURVEYS
FY 2016 SURVEYS
TASK is DIVEWDGPS SURVEYS
Labor yours
Rate
Labor
Subtotal
Task Cost
Senor Marine Bologist 80
$85
$6,800.50
Marine Biologist Level3 240
$80
$19,200.00
Marine Biologist Level 1 280
$35
$9.800.00
Total 600
Hrs
$35,800.0
Direct Charges
SCUBA Tank RentaPFiII Charge
$1,443.00
Dive Equipment Charges 1 set 37 days, $35/day)
$2,035.00
Vessel and Kayak, $lMday 37 field days)
$5,250.00
Differential GPS (37 field days)
$1,850.00
Subtotal Directs
$10,578.00
15% Fee on Outside
Directs
$216.45
Total Task 1
546.594.45
TASK 2: GIS DATA INTEGRATION AND REPORT
Labor Hours
11AW
Total
ubtotal
Task Cost
Senior Marine Bologist 68
$85
$5,780.00
Total 68
His
$5,780.00
Direct Charges
GIS/Graph1cs/Photes
$250.00
Subtotal Directs
$250.00
Total Task 2
$6,030.0
TASK 3: MANAGEMENTlMEETINGS
Labor Hou
E&
Total
Task Co
Senior Marine Biologist 10
$85
$850.00
Total 10
Hrs
$850.00
TOTAL TASK 3
$850.00
TOTAL
EELGRASS SURVEYS
$53,474.45
TASK4: CNB CAULERPA SURVEYS (15
SITES)
Labor Hours
B&
Latho
Subt41i31
I.ffik Cost
Senior Marine Bologist 16
$85
$1,360.00
Marine Bologist Level 0
$80
$0.00
Marine Bologist Level 1 16
$35
$560.00
Total 32
Firs
$1,920.00
Direct Charges
Digeren5al GPS (2 days)
$50.00
Mleage (40 mi@ $0.50ri
$20.00
Snorkel Gear (1 set 2 days@ $25/day)
$5000
Launch Fees (2 days)
$40.00
Subtotal Directs
$160.00
15% Fee on Dulside Directs
$7.50
Total Task 4
$2.4$7.$4
TOTAL EELGRASS SURVEY COSTS, TASKS 14
TASK 5: CAULERPA REPORT (15 SITES, 1 REPORT)
Labor Hour $
Hate
Total
Subtotal
Task Cost
Senior Manne Biologist 8
$85
$680.00
Total 8
Hrs
$680.00
Direct Charges
GIS/Graphics/Photos
$50.00
Subtotal Directs
$50.00
Total Task 5
1734.04
TASK 6: CAULERPA SURVEY MANAGEMENT
Labor yours
Sate
121W
Task Cost
Senior Marine Biologist 1
S85
$85.00
Total 1
His
$85.00
Direct Charges
Copy/Telephone
$25.00
Subtotal Directs
$25.00
Total Task 6
$110.00
TOTAL
CAULERPA SURVEYS
$2,927.50
TOTAL PROPOSED NOT -TO -EXCEED COST
$56,401.95
Coastal Resources Management, Inc. 144 N Loreta Walk, Long Beach, CA 90803
(949) 412-9446 (office/cell); (562) 433-6991 (fax). rware crma,14r il.com (email)
Exhibit 2.
COASTAL RESOURCES MANAGEMENT, INC.
NEWPORT BAY EELGRASS MAPPING FEE SCHEDULE
LABOR
RATE PER HOUR
SENIOR MARINE BIOLOGIST
$85.00
MARINE BIOLOGIST Level 3
$80.00
MARINE BIOLOGIST Leve 1
$35.00
MARINE TECHNICIAN
$35.00
WORD PROCESSOR
$45.00
EQUIPMENT RATE
COST ($)
Automobile mileage
$0.540 per mile
Computer charges
15.00 per hour
Facsimile
2.00 per page
SCUBA equipment
35.00 per day
SCUBA tank refills
12.00 per tank
Dive Insurance Surcharge
100.00 per day
Underwater 35 mm photographic equipment
55.00 per day
Differential GPS Unit
35.00 per day
Digital Cameras
$50.00 per day
Underwater 1/8 sq. meter photo jig
$15.00 per day
Underwater video equipment
$85.00 per day
Video/Digital editing services
25.00 per hour
Photocopy (in-house)
0.25 per page
Vessel -13.5 ft inflatable w/ 9 hp engine and Kayak
150.00 per day
VHF radios
10.00 per day
Transect tapes and quadrats
10.00 per day
Diver -operated box corers (one liter capacity, set of 5 each)
$25.00 per day
Benthic sampling wash down screens/equipment
$10.00 per day
Refractometer
10.00 per day
Soil salinity tester
10.00 per day
LaMotte 2020we turbidity meter
25.00 per day
pH and redox meter
25.00 per day
50 foot beach seine net
25.00 per day
Containers, whirl packs, etc.
at cost
SUBSISTENCE
COST ($)
Lodging/ovemight
at cost
Per diem (half day)
40.00
Per diem (full day)
75.00
Coastal Resources Management, Inc. 144 N Loreta Walk, Long Beach, CA 90803
(949) 412-9446 (office/cell); (562) 433-6991 (fax). rware.crtnnn,email.com (email)
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees and any
person or entity owning or otherwise in legal control of the property upon
which Consultant performs the Project and/or Services contemplated by
this Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Coastal Resources Management, Inc. Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement or shall specifically allow
Consultant or others providing insurance evidence in compliance with
these requirements to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, and shall
require similar written express waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement shall be included as
insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Coastal Resources Management, Inc. Page C-2
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
Coastal Resources Management, Inc. Page C-3
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Coastal Resources Management, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 5/20/16 Dept./Contact Received From: Raymund
Date Completed: 5/25/16 Sent to: Raymund By: Alicia
Company/Person required to have certificate: Coastal Resources Management
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/15/16-4/15/17
A. INSURANCE COMPANY: Crum & Forster Specialty Insurance
B. AM BEST RATING (A-: VII or greater): A:X11I
C. ADMITTED Company (Must be California Admitted):
INSURANCE COMPANY: Crum & Forster Specialty Insurance
Is Company admitted in California?
❑ Yes ® No
D. LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E. ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
❑ Yes ® No
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
1,000,000
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
N/A
included?
® Yes ❑ No
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J. CAUTION! (Confirm that loss or liability of the named insured
HIRED AND NON -OWNED AUTO ONLY:
is not limited solely by their negligence) Does endorsement
H.
include "solely by negligence" wording?
❑ Yes ® No
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L. NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/15/16-4/15117
A.
INSURANCE COMPANY: Crum & Forster Specialty Insurance
B.
AM BEST RATING (A-: VII or greater) A:XIII
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
❑ Yes ® No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ® Yes ❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A 0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: WC Exemption Form signed 5120116
A. INSURANCE COMPANY:
B. AM BEST RATING (A-: VII or greater):
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY EFF: 4/15116-4115/17
LIMIT: IM/2M
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved: ( -
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
CARRIER: Crum & Forster Specialty Insurance
❑ N/A ® Yes ❑ No
5/26/16
Date
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ NIA ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
RM approval needed for the non -admitted status of the GL PL and Auto carrier. Sheri approved 5-25-16.
Approved:
Risk Management Date
* Subject to the terms of the contract.