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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. S � 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 ���� • �• j ���`�� �' 11 �<� f \, it _Y .� n ., I /�i r�Jl� Joy !I":'` t:� '=.fir .''.••.D 1 .I:' �C. � JJ / \ f/ b r I 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.