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HomeMy WebLinkAboutC-7521-1 - Temporary License Agreement for Shark DetectionAMENDMENT NO. ONE TO TEMPORARY LICENSE AGREEMENT N BETWEEN THE CITY OF NEWPORT BEACH AND CLEVER BUOY (USA) LLC THIS AMENDMENT NO. ONE TO TEMPORARY DENSE AGREEMENT ("Amendment No. One") is made and entered into as of this Zj day of ��A ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and CLEVER BUOY (USA) LLC, a California limited liability company ("Clever Buoy"), 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 is the owner of the Balboa Pier, which extends into and over the water of the Pacific Ocean, at 1 Balboa Pier, Newport Beach, CA 92661 ("Balboa Pier"). C. Clever Buoy has developed a system for detecting sharks in nearshore coastal waters, where in -water recreation activities occur, and has installed the system at the Balboa Pier for a time-limited research trial by executing that Temporary License Agreement by and between the City of Newport Beach and Clever Buoy (USA) LLC, dated September 20, 2018 ("Agreement"), which is set to expire December 31, 2018. D. Prior to installation of the shark detection system, Clever Buoy obtained a Coastal Development Permit De Minimis Waiver ("Waiver") from the California Coastal Commission ("Coastal"), dated July 24, 2018, and affirmed at the August 8, 2018, Coastal Hearing. The Waiver limited the trial period to no more than sixty (60) calendar days, after which Clever Buoy would need to apply for a new Waiver or a Coastal Development Permit ("Permit"). E. Clever Buoy has submitted an application to Coastal and intends to pursue an extension of their Waiver, to continue gathering research data to determine the efficacy of their shark detection system. F. The City desires to enter into this Amendment No. One with Clever Buoy to extend the term of the Agreement commensurate with any extensions of the Waiver or issuance of a Permit, to allow Clever Buoy to continue its time-limited research trial for the shark detection system. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 4 of the Agreement is amended in its entirety and replaced with the following: "This Agreement shall commence upon the Effective Date and terminate after sixty (60) calendar days of operation of the Shark Detection System, as may be extended with prior written notice to the City, and City's receipt of a copy of an approved waiver or permit from the California Coastal Commission, also extending the term of the trial, which was outlined by that Coastal Development Permit De Minimis Waiver, dated July 24, 2018. In no event shall the term of this Agreement extend beyond September 30, 2019. Both Parties understand and agree this Agreement is for a temporary limited period of time and does not, and will not, result in the permanent location of a Clever Buoy Shark Detection System on, in, or about the License Area or Balboa Pier." 2. 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] Clever Buoy (USA) LLC 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: ? By: aron C. Harp City Attorney ATTEST: Date: 1 1 y By: a,/, 111W41-(- /,I Leila I. Br wn City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: I' By: G ac K. Leung C Manager CLEVER BUOY (USA) LLC, a California limited liability company By: Smart Marine Systems Limited, managing member of Clever Buoy (USA) LLC Date: 2,6 0 Ci Craig Anderson Managing Director [END OF SIGNATURES] Clever Buoy (USA) LLC Page 3 v TEMPORARY LICENSE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND CLEVER BUOY (USA) LLC This Temporary License Agreement ("Agreement") is entered into by and between, Clever Buoy (USA) LLC, a California limited liability company ("Clever Buoy"), with an address at 2815 Townsgate Road, Suite 320, Westlake Village, CA 91361 and the City of Newport Beach, a California municipal corporation and charter city ("City") this 20th day of September, 2018 ("Effective Date"). Clever Buoy and City are individually referred to as "Party" and collectively as "Parties" herein. 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 the City. B. City is the owner of the Balboa Pier, which extends into and over the water of the Pacific Ocean, at 1 Balboa Pier, Newport Beach, CA 92661 ("Balboa Pier") as further depicted on Exhibit "A," which is attached hereto and incorporated herein by this reference. C. Clever Buoy has developed a system for detecting sharks in nearshore coastal waters, where in -water recreation activities occur. Installation of the system is proposed for a trial period, to determine its effectiveness and applicability in Newport Beach, in consideration of longer-term use. The purpose of this system is to increase public safety by detecting sharks entering a proximity to an active recreation area and sending warning to lifeguards and authorities on the shore in real-time to allow for precautions to be taken immediately. Additionally, data gathered by the project would provide valuable research regarding marine life in the area. D. City and Ruby's Diner, Inc., a California corporation ("Ruby's"), entered into a Lease Agreement, dated July 1, 2000 (the "Ruby's Lease"), whereby Ruby's leased from City a structure located at the end of the Balboa Pier, which has been continuously occupied and operated as a restaurant at that location (the "Ruby's Premises") by Ruby's and subsequently by a franchisee. In 2010, Ruby's assigned the Ruby's Lease to Ruby's Franchise Systems, Inc., a subsidiary or affiliate of Ruby's, who, in turn, entered into a Franchise Agreement with Heritage Restaurant Management, Inc. ("Heritage"). Heritage assumed all of the obligations of Ruby's under the Ruby's Lease. Under the terms of the Ruby's Lease, Heritage is responsible for the arrangement and payment of all utilities furnished to or used at the premises. E. Clever Buoy desires to license from City, on a temporary non-exclusive basis, and to use the junior lifeguard building located at approximately 100 A Street, Newport Beach, and that certain portion of submerged tidelands located approximately 250 yards from the beach and extending approximately 300 yards on either side of Balboa Pier, as generally depicted on Exhibit "B", which is attached hereto and incorporated herein by this reference, including the mounting of (i) associated 1 support equipment on portions of the pier deck, and (ii) an antenna located on the northeast corner of the pier deck (collectively, the "License Area"), to operate a research trial version of the Clever Buoy shark detection system ("Shark Detection System"), as more particularly described on Exhibit "C", which is attached hereto and incorporated herein by this reference. Electrical power needed by Clever Buoy to operate the Shark Detection System shall be sourced from Heritage. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. LICENSE 1.1 City grants a non-exclusive license ("License") to Clever Buoy for the term of this Agreement, to temporarily install, operate, and maintain the Shark Detection System, and to install, operate, and maintain all monitoring devices and dashboards, and a stakeholder show room and display area in the License Area. 1.2 All installation, maintenance, and removal activities shall be at Clever Buoy's sole cost and expense, including but not limited to the fees and costs associated with the installation of the Shark Detection System and any required utilities or meters and their removal. As a condition precedent to the effective date of this Agreement and the License granted herein, Clever Buoy shall enter into an agreement with Heritage, whereby Heritage shall provide electrical power to Clever Buoy for the duration of this Agreement at Clever Buoy's sole cost and expense. At the request of Clever Buoy, City shall cooperate with and assist Clever Buoy in obtaining an agreement with Heritage for the provision of electrical power. 1.3 Clever Buoy shall at its sole cost and expense comply with all applicable federal, state and/or local laws and regulations. The License granted herein is subject to the terms, covenants and conditions hereinafter set forth, and Clever Buoy covenants, as a material part of the consideration for this License, to keep and perform each and every term, covenant and condition of this Agreement. Prior to installation of the Shark Detection System, Clever Buoy must obtain a valid Coastal Development Permit De Minimis Waiver. If four (4) Commissioners of the California Coastal Commission object to the waiver of permit requirements, Clever Buoy may not install the Shark Detection System until a valid coastal development permit has been issued by the California Coastal Commission. 1.4 Notwithstanding Clever Buoy's construction and installation of the Shark Detection System, it is the Parties' intention that Clever Buoy's interest in the License Area and Balboa Pier is restricted to this Agreement, and the City retains all rights, title and interest in the License Area and Balboa Pier. 2. USES 2.1 Clever Buoy shall use the License Area for the sole purpose of constructing, maintaining, securing and operating the Shark Detection System. Construction and operation of the Shark Detection System shall be at Clever Buoy's sole cost and expense. Clever Buoy shall keep the License Area free from hazards or risk to the public health, safety or welfare. Clever Buoy Page 2 2.2 Clever Buoy's use of the junior lifeguard building shall be limited to the hours between 8:00 a.m. and 5:00 p.m. on non -holiday weekdays, and weekends with not less than five (5) business days' prior written notice to the City. Clever Buoy shall be responsible for opening, closing, and securing the junior lifeguard building each day. Activities in the building shall be limited to the following: a. Operations center to monitor the Shark Detection System on a daily basis, on non -holiday weekdays and weekends when properly noticed to the City as described above. Operations center shall consist of the use of a small office to install and maintain computer monitors and/or televisions and laptop computers, all at Clever Buoys sole expense and responsibility. Clever Buoy to provide and use a 4G wireless data connection to access the internet, separate from existing services to the building. b. Show room to display banners, equipment samples, and live stream the sonar feed from the Shark Detection System. Clever Buoy to host various groups and stakeholders. 2.3 Except as provided under this Agreement, Clever Buoy shall not make or permit to be made any alterations, additions or improvements to the License Area or Balboa Pier, or paint, install lighting or decorations, or install any signs, lettering or advertising media of any type or any other visual displays, on or about the License Area or Balboa Pier without the prior written consent of City. Notwithstanding the foregoing, Clever Buoy shall place warning signs on or about the Shark Detection System in the manner required by Federal, State or local law. 2.4 Use in Film. Television, and/or Advertising. Clever Buoy may use portions of the License Area, Balboa Pier, and surrounding areas for film, television production, advertising production, or other media vehicle only upon written approval from the City and in compliance with the Newport Beach Municipal Code. 3. GOVERNMENT APPROVALS In addition to this Agreement, Clever Buoy shall, at its sole cost and expense, obtain a Building Permit from the Community Development Department, Building Division, Encroachment Permit from the Public Works Department, and all other governmental licenses, permits and approvals required by Federal, State or local governmental agencies, enabling Clever Buoy to construct, operate, repair and remove the Shark Detection System in the License Area. This Agreement shall commence upon the Effective Date and terminate after sixty calendar days of operation of the Shark Detection System or on December 31, 2018, whichever occurs first. Both Parties understand and agree this Agreement is for a temporary limited period of time and does not, and will not, result in the permanent location of a Clever Buoy Shark Detection System on, in or about the License Area or Balboa Pier. Clever Buoy Page 3 5. INTERFERENCE WITH CITY TELECOMMUNICATIONS 5.1 Clever Buoy agrees that its operation of the Shark Detection System shall at all times comply with all regulations and shall not cause any direct or indirect interference with the operation of the City's communications facilities, including but not limited to public safety transmissions, police and fire communications, water or sewer internal or external radio signals and communications, as they now exist or may from time -to -time hereafter exist ("City's Facilities"). 5.2 In the event of any interference with City Police and Fire Department public safety communications, Clever Buoy shall work with the affected City Department to correct the interference within two (2) hours of City's written or telephone notice to Clever Buoy. In the event of interference with City's wireless communications system or external radio signals and communications other than Police or Fire Department, Clever Buoy shall work with City to correct the interference within twenty-four (24) hours of City's written or telephone notice. If it is determined the interference is caused by the Shark Detection System and if Clever Buoy is unable to correct interference to City's satisfaction, Clever Buoy shall immediately cease its operation of the Shark Detection System until the cause of the interference is corrected to City's satisfaction. 5.3 Prior to making any changes to the frequency or operating conditions of the Shark Detection System, Clever Buoy shall submit plans for the proposed changes to City for its review and approval. Clever Buoy agrees to fund any studies required to ensure that any contemplated changes will be compatible with the City's Facilities. No change shall occur prior to the City's approval. 6.1 Clever Buoy understands that the Shark Detection System is located on public property and emergency situations may develop from time -to -time that require power to the Shark Detection System to be immediately shut off and thereby interfere or temporarily terminate Clever Buoy's use of its Shark Detection System and the License Area. Clever Buoy agrees that, if such a situation occurs, City shall have the right to immediately shut off power to the Shark Detection System and any equipment of Clever Buoy's located on the License Area for the duration of the emergency. Clever Buoy agrees not to hold City responsible or liable for and shall protect, defend, indemnify and hold City harmless for any damage, loss, claim or liability of any nature suffered as a result of the loss of the use of the Shark Detection System or other communication facilities by the shut off of power. 6.2 Clever Buoy agrees to install a clearly marked and accessible master power 'cut-off' switch on their equipment for the purpose of assisting City in such an emergency. 6.3 Unless otherwise specifically provided in a notice of termination of this Agreement, City's exercise of the right to shut off any power to the Shark Detection System is not intended to constitute a termination of this Agreement by either Party and such event is a risk accepted by Clever Buoy. Clever Buoy and City shall meet after the City determines that an emergency situation has ended to establish the time and manner in which power shall be restored. Clever Buoy Page 4 6.4 City shall have the right to reasonably determine what constitutes an "emergency situation" pursuant to this section. 7. ACCEPTANCE OF CONDITION OF CLEVER BUOY AREA Clever Buoy accepts use of the License Area in an "AS IS" condition, with no warranty or representation, express or implied from the City as to the physical condition of the License Area and/or any latent, patent, foreseeable and unforeseeable condition of the License Area, including its suitability for the use intended by Clever Buoy. All persons entering the License Area under this Agreement do so at their own risk. Clever Buoy expressly assumes all responsibility for the protection and security of the License Area, including personal property and equipment owned by the City and located in the junior lifeguard building, Clever Buoy, Clever Buoy's employees, volunteers, contractors, subcontractors, invitees, agents, or representatives (collectively, "Clever Buoy's Permittees"), and Clever Buoy's property and equipment from any and all acts of any third party. To the best of City's knowledge, the License Area has not been used for generation, storage, treatment or disposal of "Hazardous Substances", as defined in this Agreement. Clever Buoy has conducted its own appropriate due diligence investigation of the License Area prior to its execution of this Agreement. 8. NO INTEREST IN PROPERTY Nothing herein shall be deemed to create a lease, or easement of any property right, or to grant any, possessory or other interest in the License Area, the Balboa Pier, or any public right-of-way, other than a license to use and access the License Area, revocable and for a temporary term as set forth in this Agreement. 9. RESERVATION OF RIGHTS Clever Buoy understands, acknowledges and agrees that any and all authorizations granted to Clever Buoy under this Agreement are non-exclusive and shall remain subject to all prior and continuing regulatory and propriety rights and powers of City to regulate, govern and use the License Area and other City property, as well as any existing encumbrances, deeds, covenants, restrictions, easements, dedications and other claims of title that may affect the License Area and City property. 10. INSPECTION City shall be entitled, at any time, to inspect the License Area and the Shark Detection System for compliance with the terms of this Agreement, and with all applicable Federal, State and local (including those of the City) government regulations. 11. CITY RETENTION RIGHTS Clever Buoy's right to use the License Area during the term of this Agreement shall be subordinate and junior to the rights of City to use and occupy the License Area and Balboa Pier for any purpose that does not interfere with Clever Buoy's use of the License Area as provided herein. Clever Buoy Page 5 12. CLEVER BUOY'S RETENTION OF TITLE During the Term and thereafter, the Shark Detection System shall be owned by and shall be considered the property of Clever Buoy. 13. SURRENDER Upon expiration or termination of this Agreement, Clever Buoy, at its sole cost and expense, shall, within thirty (30) calendar days, remove the Shark Detection System, restore the License Area to its original condition or to a condition satisfactory to and approved by City, and vacate the License Area. Should Clever Buoy fail to restore the License Area to a condition satisfactory to City, City may perform such work or have such work performed by others and Clever Buoy shall immediately reimburse City for all direct and indirect costs associated with such work upon receipt of an invoice for such costs. 14. ASSIGNMENT 14.1 All of the terms and provisions of this Agreement shall inure to the benefit of and shall be binding upon the Parties and their respective successors and assigns. This Agreement and the rights and obligations of Clever Buoy is personal to Clever Buoy and shall not be assigned, transferred, or hypothecated (collectively referred to as "transferred"), in whole or in part, without the prior written consent of the City, which consent may be withheld in City's sole and absolute discretion for any reason or no reason at all. Any assignment of this Agreement or the License granted hereunder, voluntarily or by operation of law, shall automatically terminate this Agreement, unless Clever Buoy has obtained the prior written consent of City. 15. TAXES Clever Buoy shall pay any and all personal interest property taxes, real property taxes, possessory interest taxes, fees and assessments, or similar charges which may at any time be imposed or levied by any public entity and attributable to the License authorized herein. City hereby gives notice to Clever Buoy, pursuant to Section 107.6 of the California Revenue and Taxation Code that this Agreement may create a possessory interest in and to the property of City, a tax-exempt public entity, the payment of which taxes shall be the sole obligation of Clever Buoy. 16. RELOCATION Clever Buoy agrees that whenever any City improvements may be required (for example, maintenance or repair of the Balboa Pier), the City may require the relocation of the Shark Detection System at Clever Buoy's expense, without Clever Buoy making any claim against the City for reimbursement or damage therefor. Except in the event of an emergency or other situation requiring immediate relocation of the Shark Detection System, City shall provide Clever Buoy with not less than thirty (30) calendar days written notice of relocation specifying a date by which the relocation is to take place. 17. TERMINATION This Agreement may be terminated by either Party, at any time, for any reason, with or without cause, by giving thirty (30) calendar days written notice to the other Party. Clever Buoy Page 6 18. CONSTRUCTION 18.1 Clever Buoy agrees to take all prudent action to protect the License Area, Balboa Pier and City Facilities from any damage or injury caused by any work performed by or on behalf of Clever Buoy regarding the construction, installation, operation, inspection, maintenance, repair, reconstruction, replacement, relocation, or removal of the Shark Detection System or the failure, deterioration or collapse of such Shark Detection System. 18.2 Clever Buoy shall, at its sole cost and expense, continually maintain in a first-class manner, and repair any damage to the License Area, to the extent such damage is caused by Clever Buoy or any of Clever Buoy's Permittees. Clever Buoy shall immediately notify the City Manager and the appropriate public safety agency (e.g., police and fire department) of any damage or injury caused by work authorized pursuant to this Agreement. 18.3 Without limitation of any other remedy available hereunder or at law or in equity, if Clever Buoy fails to repair or refinish any such damage, City may, at its sole discretion, but not be required to, repair or refinish such damage and Clever Buoy shall reimburse City for all costs and expenses incurred in such repair or refinishing. 18.4 Clever Buoy, prior to the installation of the Shark Detection System and at its own cost and expense, shall submit to the City and, throughout the Term, maintain in effect, a bond, letter of credit or other security acceptable to City, in the principal amount of Ten Thousand and 00/100 Dollars ($10,000.00) ("Security") to ensure and secure faithful compliance with the conditions of this Agreement. The Security shall be in a form acceptable to the City, and shall remain in effect throughout the term of this Agreement. The purpose of the Security is to provide payment to the City for any and all expenditures incurred by the City under this Agreement, including but not limited to costs of repairs and cost of removal of the Shark Detection System upon expiration or termination of this Agreement should Clever Buoy fail to do so as required by this Agreement. The Security shall in no way limit the liability or obligations of Clever Buoy or its insurers under this Agreement. If the funds represented by the Security become exhausted, Clever Buoy shall immediately provide the City with a new security in the amount necessary to provide full -required Security. 19. MAINTENANCE At its sole cost and expense, Clever Buoy shall take good care of the Shark Detection System and keep the License Area neat and clean at all times. Should Clever Buoy fail to commence required Maintenance or repairs, or cleaning of the License Area to a condition satisfactory to City, within three (3) business days after receipt of notice to do so, City may perform such work or have such work performed by others and Clever Buoy shall immediately reimburse City for all direct and indirect costs associated with such work upon receipt of an invoice for such costs. Graffiti shall immediately be called in to the City's Graffiti Hotline for removal. 20. INDEMNIFICATION Irrespective of any insurance carried by Clever Buoy for the benefit of City, and to the fullest extent permitted by law, Clever Buoy shall indemnify, defend, assume all Clever Buoy Page 7 responsibility for, and hold harmless City, its elected or appointed officers, agents, officials, employees, and volunteers (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, California Coastal Commission enforcement actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim" and, collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to Clever Buoy's operations conducted under this Agreement or the implementation hereof and for any damages to property or injuries to persons, including accidental death, which may be caused by any of Clever Buoy's activities under this Agreement, whether such activities or performance thereof be (i) by Clever Buoy, or (ii) Clever Buoy's Permittees or agents and whether such damage shall accrue or be discovered before or after termination of this Agreement. Notwithstanding the foregoing, nothing herein shall be construed to require Clever Buoy to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties or by City's failure to comply with the terms and conditions of this Agreement. Nothing in this indemnity shall be construed as authorizing any award of attorney's 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 Clever Buoy. 21. INSURANCE Without limiting Clever Buoy's indemnification of City, and prior to commencement of work, Clever Buoy shall obtain, provide and maintain at its own expense during the term of this Agreement and while the Shark Detection System is installed at the License Premises, whether operational or not, 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 "E", and incorporated herein by reference. 22. HAZARDOUS SUBSTANCES 22.1 From the date of execution of this Agreement throughout the Term, Clever Buoy shall not use, store, manufacture or maintain in, on, under, about or within the License Area or the Balboa Pier any Hazardous Substances except (i) in such quantities and types found customary in construction, repair, maintenance and operations of the Shark Detection System approved by this Agreement, and (ii) petroleum and petroleum products contained within regularly operated motor vehicles. Clever Buoy shall handle, store and dispose of all Hazardous Substances it brings onto the License Area or Balboa Pier in accordance with applicable laws. 22.2 For purposes of this Agreement, the term "Hazardous Substance" means: (i) any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. ("CERLCA"); the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Clever Buoy Page 8 Resource Conversation and Recovery Act, 42 U.S.C. Section 6901 et seq. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the California Hazardous Substance Account Act, Health and Safety Code Sections 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Sections 25249.5 et seq.; California Health and Safety Code Sections 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Sections 25170.1 et seq.; California Health and Safety Code Sections 25501 et seq. (Hazardous Materials Response Plans and Inventory); or the Porter -Cologne Water Quality Control Act, Water Code Sections 13000 et seq., all as they, from time -to -time may be amended, (the above-cited statutes are here collectively referred to as "the Hazardous Substances Laws") or any other Federal, State or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect; (ii) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory, including but not limited to negligence, trespass, intentional tort, nuisance, waste or strict liability or under any reported decisions of a state or federal court; (iii) petroleum or crude oil; and (iv) asbestos. 22.3 Notwithstanding any contrary provision of this Agreement, and in addition to the indemnification duties of Clever Buoy set forth in this Agreement, Clever Buoy agrees to indemnify, defend with counsel reasonably acceptable to City, protect, and hold harmless the City, its elected or appointed officers, agents, officials, employees, volunteers and assigns from and against any and all losses, fines, penalties, claims, damages, judgments, or liabilities, including, but not limited to, any repair, cleanup, detoxification, or preparation and implementation of any remedial, response, closure or other plan of any kind or nature which the City, its elected or appointed officers, agents, officials, employees, volunteers, or assigns may sustain or incur or which may be imposed upon them in connection with the use of the License Area provided under this Agreement by Clever Buoy, arising from or attributable to the storage or deposit of Hazardous Substances on or under the License Area by Clever Buoy. This Section is intended to operate as an agreement pursuant to Section 107(e) of CERCLA, 42 USC Section 9607(e), and California Health and Safety Code Section 25364, to insure, protect, hold harmless, and indemnify City for any claim pursuant to the Hazardous Substance Laws or the common law. 22.4 City agrees that City will not, and will not authorize any third party to use, generate, store, or dispose of any Hazardous Substances on, under, about or within the License Area in violation of any law or regulation. City and Clever Buoy each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs arising from any breach of any representation, warranty or agreement contained in this Section. This Section shall survive the termination of this Agreement. Upon expiration or earlier termination of this Agreement, Clever Buoy shall surrender and vacate the License Area and deliver possession thereof to City on or before the termination date free of any Hazardous Substances released into the environment at, on or under the License Area that are directly attributable to Clever Buoy. Clever Buoy Page 9 23. COMPLIANCE WITH LAWS Clever Buoy, at its sole cost and expense, shall observe, perform, and comply with all laws, statutes, ordinances, rules, and regulations promulgated by any governmental agency and applicable to the Shark Detection System and the License Area, or the use thereof, including all Americans with Disability Act requirements, applicable zoning ordinances, building codes and environmental laws. Clever Buoy shall not occupy or use the Shark Detection System and License Area or permit any portion of the Shark Detection System and License Area to be occupied or used for any use or purpose that is unlawful in part or in whole, or deemed by City to be disreputable in any manner or extra hazardous on account of fire. 24. NOT AGENT OF CITY Neither anything in this Agreement nor any acts of Clever Buoy shall authorize Clever Buoy or any of Clever Buoy's Permittees to act as agent, contractor, joint venturer or employee of City for any purpose. 25. NO THIRD PARTY BENEFICIARIES City and Clever Buoy do not intend, by a provision of this Agreement, to create in any third party, any benefit or right owed by one Party, under the terms and conditions of this Agreement, to the other Party. 26. NOTICES All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To City: City Manager City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Real Property Administrator City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 To Clever Buoy: Clever Buoy (USA) LLC Attn: Craig Anderson 2815 Townsgate Road, Suite 320 Westlake Village, CA 91361 Clever Buoy Page 10 27. CITY BUSINESS LICENSE Clever Buoy shall obtain and maintain during the duration of this Agreement, a City business license as required by the Newport Beach Municipal Code. 28. TIME IS OF THE ESSENCE Time is of the essence for this Agreement. 29. STANDARD PROVISIONS 29.1 Waiver. The waiver by either Party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either Party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 29.2 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. 29.3 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement or any other attachments attached hereto, the terms of this Agreement shall govern. 29.4 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. 29.5 Amendments. This Agreement may be modified or amended only by a written document executed by both Clever Buoy and City and approved as to form by the City Attorney. 29.6 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. 29.7 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. 29.8 Equal Opportunity Employment. Clever Buoy represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee Clever Buoy Page 11 or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 29.9 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing Party shall not be entitled to attorney's fees. 29.10 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 NEXT PAGE) Clever Buoy Page 12 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed in duplicate on the dates indicated below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: By: d� Aaron C. Harp City Attorney ATTEST: (/ Date: �, b Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California mu icipal corporation Date: q J'zy719- By: Grac . Leung City Manager CLEVER BUOY (USA) LLC A California +imited liability company Date: ( q 19 1 IFC By: Smart Marine Systems Limited, managing member of Clever Buoy (USA) LLC By: Craig Anderson Managing Director [END OF SIGNATURES] Exhibit "A": Balboa Pier Depiction Exhibit "B": License Area Depiction Exhibit "C": Shark Detection System Description Exhibit "D": Shark Detection System Installation Plans Immmull.m Insurance Requirements Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California mu icipal corporation Date: q J'zy719- By: Grac . Leung City Manager CLEVER BUOY (USA) LLC A California +imited liability company Date: ( q 19 1 IFC By: Smart Marine Systems Limited, managing member of Clever Buoy (USA) LLC By: Craig Anderson Managing Director [END OF SIGNATURES] Exhibit "A": Balboa Pier Depiction Exhibit "B": License Area Depiction Exhibit "C": Shark Detection System Description Exhibit "D": Shark Detection System Installation Plans Exhibit "E" Insurance Requirements Clever Buoy Page 13 EXHIBIT "A" BALBOA PIER DEPICTION Clever Buoy Page 14 Exhibit A-1 CO "2` ►�'r`)��ni� � c °/e i�'v ��( /�'f� >I�,� <1q<ft ' „�h�. _ J / �q fFMill ! r w Ilk � 71 e 'r tit a I e ! ` /' • grJrr,n I ; s � � ,. gab . ..;, If 4L re Val NEG°S N E W P OR T B EA C H dE�'PoRr o" e U 200 C Feet ,',;. ,cam. ,. } IF } Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents 400 disclaim any and all responsibility from or relating to any results obtained in its use. Exhibit A-2 EXHIBIT "B" LICENSE AREA DEPICTION Clever Buoy Page 15 Exhibit —B 1 (A LA v1 n 3. N O 3 N < o^_ 3 M d 0 V� » to " -1 3 to m Wam W 0 3i3 0. e^go < m N N W m o 0 g0 O N7 C _ 1.Om R N 1400mm )OOmm s~O 0 T_ mm m -� m < m 3.3m 2100mm I � 1�n ie" m v w � � 2 O oma r m m v N a �' n o o Q - Y S y � 3 0 -� � m v '������ ham} N s v l N � J � A O p to d - n..� mu n� # O nP a m _. � �i11117 _.� illlllll aw ,� o I -� a s 3 � ; + � t A P S V1 a a - � c �� - � ' _. co - c � °' _ o _ V �±_ m _r, I � 1�n a m v w � � 2 O oma r m m v N a �' n o o Q - Y S y � 3 0 -� � m v s m o N s v l T y m �' m N a' Q C 2 N '� EXHIBIT "C" SHARK DETECTION SYSTEM DESCRIPTION The Shark Detection System includes i) a single surface buoy, which is approximately seven (7) feet tall (three (3) to four (4) feet above the waterline) and twenty-four (24)inches in diameter and ii) six (6) seafloor sonars each approximately twelve (12) inches by five (5) inches in size and housed on small seabed frames of approximately four (4) feet in length above the substrate and approximately six and one-half (6.5) feet below the substrate . The seafloor sonars are to be spaced approximately two hundred sixty (260) feet apart at a depth of approximately thirty (30) feet. The surface buoy will be moored to the seafloor just in front of the pier. Each frame housing the seafloor sonars will be partially buried to anchor to the seafloor. In addition, three pins (approximately three (3) - inch -diameter and seventy-five (75) to eighty (80) inches long) may be used to further anchor each of the frames. The sonars will be connected to each other and then to the pier via an approximately one-half (0.5) -inch diameter cable and one (1) -inch chain. The sonars on the seafloor will be installed on sandy seafloor. The sonar to be used for the Shark Detection System is the Gemini 720is, which is manufactured by Tritech. It is a real-time multibeam imaging sonar that operates at seven hundred twenty (720) kHz and has a one hundred twenty (120) degree range of view up to one hundred twenty (120) meters. The sonar range will be set to eighty (80) meters because of the shallower water depth. Installation would be achieved by commercial divers from a boat (approximately thirty (30) -foot) and would be accomplished in two (2) to three (3) days, weather permitting. A boat with three (3) divers and one (1) boat driver would initially survey water depths check bottom conditions. Commercial divers would drop ground engagement, consisting of the seabed frame, connecting chains, and cables. The seabed frame would be installed starting with the base plates and three (3) piles approximately six (6) feet long jetted into place to hold the base plates on to the seafloor at each of the six sonar locations. Jetting would involve the use of a five (5) horsepower water pump, generating a very low pressure (similar to that of a garden hose) to minimize the amount of turbidity generated during the installation The base plate would include a central pole that extends approximately four (4) to six (6) feet up from the base plate (taller in high sediment movement areas) upon which the sonar is mounted. The piles would be jetted out to remove, similar to installation. The seabed frame would be chained together, securing the seabed frame and providing additional weight. Cables would then be installed to connect to the pier transferring the power and data for the sonar units. The buoy and lump weight for the buoy would be towed by boat from port to position. Finally, the sonar units would be mounted on the seabed frames. Operation of the project would be powered by solar panels on the buoys and would not generate greenhouse gas emissions. Operation of the project would be powered by electrical connection to power beneath the pier. Clever Buoy Page 16 Y,4 v s �P 1� sy. �,p A =te ,. o• .. 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WEBB, DIRECTOR CONDITIONS OF APPROVAL TO: Associated Pacific Contractors, Inc 949.258.4410 Office 805.234.5055 cell paul@associatedpacific.com FROM: David Keely, 949.644.3349 dkeely_ newgortbeachca.gov DATE: September 6, 2018 SUBJECT: Encroachment Permit N2018-0415, Balboa Pier — Clever Buoy Marine Monitoring Equipment, Temporary Installation The following are the additional Encroachment Permit N2018-0415 conditions of approval for the installation of temporary marine monitoring equipment on the Balboa Pier and in the water adjacent to the pier: • All equipment, including but not limited to Cabinets, conduit, cables, buoys sonar monitors, etc. on the pier and water shall be removed upon completion of the research consistent with the Coastal Development Permit De Minimis Waiver (9-18-0285-W). • Contractor is responsible for maintaining all equipment during the course of the research and immediately repair any damage. Contractor shall monitor any movement of the sonar devices/anchors/buoy and immediately reposition if movement occurs. • Contractor is responsible for any damage/graffiti/stickers placed on cabinets. Removal/repair shall be within 24 -hours of notifications. Contractor shall perform daily inspection. The 24-hour contact person is Richard Talmage (Smart Marine Systems, 949.308.5411). Contractor shall provide 24-hour contact name and number, prior to pre - construction meeting. POST OFFICE BOX 1768, NEWPORT BEACH, CA 92658-8915 P (949) 644-331 1 1 F (949) 644-3318 1 WVA f.N E4VPO RTBEACHCA. cov Associated Pacific Contractors, Inc September 6, 2018 Page 2 • Contractor is responsible for any damage caused by the installed equipment and shall repair any damaged per the satisfaction of the Public Works inspector. • Piles where the Smart Band is proposed to be attached shall be wrapped with metal sheeting. The metal sheeting shall extend a minimum of 12 — inches past the ends of the Smart Band assembly. Contractor shall take before and after photos of the installation area and submit to the Public Works inspector. Any damage caused by the metal sheeting, Smart Band Assembly or other installation shall be repaired by the contractor to the satisfaction of the Public Works inspector. • A Demo permit shall be obtained for the Community Development Department Building Division for the removal of the equipment from and including the cabinet to the electrical panel. • A pre -construction meeting with the Public Works inspector prior to the start of work. • Contractor is responsible for removing any debris accumulated by the equipment including but not limited to fishing gear. CITY OF NEWPORT BEACH 1BLIC WORKS DEPARTMENT PROJECT ADDRESS: a44g0. (G Nt=1J Q� i✓'L=/->;i.N' DETAILED DESCRIPTION OF PROPOSED WORK: 1 �1� ^ a (� C1ejer C li Afte 1Yb&t an U.i Co 41-p_ Pies MCI hin 'e Unfair- as 2r 'KD_ a(ko1\_\ed - APPLICANT: LLFVEV gUOLA uS LL•C Phone: nt}q 30 5-4 EmailAddress: riCYuard, Stt'IQr't{vi(,tylne�-St�M$•COM Mailing Address: 231 Ktry'l ,�e'�5w%e320 �� City/StatelZip: OWNER: IVA Phone: Email Address: Mailing Address: CitylstatelZip: too CW IC CM fv rm craw e u, ALL CONTRACTOR INFORMATION IS REQUIRED -PLEASE COMPLETE CONTRACTOR: R69,ci0. c� ' Cory'�1�bC,}p,-g },IK- Office Phone:94'4 2579 41-00 Company (if different): Jobsite Phone: als- 2-34 5QS5 Other Phone: Email Address: ul, Q--�t'•tit 0.G �C•C6M Maili g Address: 290, e5k Cc0.ggT EHf i SwiP 3-7tax? ri G c1, City/State/Zip: R L� b State License Number & Class: 0BA 994186 Ex ices: i! 30 9 City Business license Number: 3 t Iq I E Expires:4,3i '1s1i WORKERS COMPENSATION INSURANCE - Certificate of Insurance (Section 3800 Labor Code) Company: Policy No: Expires: REI: UNDA6LE �DEPQSITiNFORMATION:(/fR pplicable ):� Refiind Payable To MailRefund To FOR OFFICE USE ONLY _ Special Conditions of Permit: ADDITIONAL APPROVAL REQUIRED FROM THE FOLLOWING DEPARTMENTS Utilities:Traffic: General Services: 0 Fire: Other. Engineering Technician: Public Works Specialist: Date: Permit No. u�.evspownnorewmuaarxm��e,vewwnanee��us Public Works Department 949.644331'1 STAFF OF CALIFORNIA- NATURALRESOURCES AGENCY EDMOND0 BROWN IR.. 00111 OR CALIFORNIA COASTAL COMMISSION ENERGY. OCEAN RESOURCES AND FEDHAAL CONSISTENCY DIVISION 45 FREMONT STREET SUITE 2W0 �-�� PH (415)901-5200 FAR (415I905.54W.-. R'N9"A,r%(. CAGQV July 24, 2018 Coastal Development Permit De Minimis Waiver Coastal Act Section 30624.7 Based on the project plans and information provided in your permit application for the development described below, the Executive Director of the Coastal Commission hereby waives the requirement for a Coastal Development Permit pursuant to Section 13238. 1, Title 14, Califomia Code of Regulations. If, at a later date, this information is found to be incorrect or the plans revised, this decision will become invalid; and, any development occurring must cease until a coastal development permit is obtained or any discrepancy is resolved in writing. Waiver: 9-18-0285-W Applicant: Clever Buoy USA, LLC - Richard Talmage Location: Adjacent to Balboa Pier, City of Newport Beach; Orange County Proposed Development: Proposed deployment of a network of six linked multi -beam sonar devices on the seafloor along with associated chains, cables and buoy near the end of the Balboa Pier. The sonar devices would operate continuously for up -to 60 days as part of a test of an autonomous shark detection system. The sonar devices would be deployed by divers operating with the aid of a support vessel. Each device would be attached to an approximately four foot high by two foot wide metal frame mooring system with three inch diameter, six foot long "legs" that would be buried in the seafloor using a low-power diver -operated water jet. Upon completion of the 60 -day trial, the entire system (including buoy, chains, cables, sonar devices and metal frames) would be collected and removed. The coverage area for the sonar devices would extend roughly 500 feet on either side of Balboa Pier. Rationale: - All support vessels used during installation, maintenance and removal activities would have an oil spill prevention and response plan and appropriate response equipment on board at all times. In addition, no at -sea fueling or refueling of the support vessel or equipment would be carried out. The project site does not support eelgrass, kelp, rocky reef or other sensitive marine habitats. To help ensure that all project equipment remains in place and does not become marine debris or pose a hazard to recreational activities or navigation, Clever Buoy staff would thoroughly inspect the system two days after installation, 30 days after installation and immediately after any significant storm or swell event. In the event equipment breaks or becomes dislodged, it would be immediately repaired, re -secured or removed. Clever Buoy staff would also continuously monitor the status and condition of all sonar devices and passive monitoring equipment for alerts that may indicate equipment failure or movement. If Page 2 Coastal Development Permit De Nfinimis Waiver 9-18-0285-W such situations arise and cannot be resolved remotely, additional inspections would be carried out to resolve the issue. At the end of the 60 -day trial, all equipment and associated infrastructure would be removed and documented and a post-removal inspection would be carried out to help ensure that no equipment is left behind. In order to help prevent damage or entanglement of fishing gear, the sonar devices and support frames would be located outside of the high -use fishing area immediately adjacent to the Balboa Pier. Any fishing gear that drifts onto or becomes entangled with the project equipment would be collected during inspections and disposed of at an appropriate onshore facility. During all project installation and removal activities, a trained and qualified marine wildlife observer would be located on the project support vessel and would be authorized to halt operations if marine wildlife. (such as marine mammals or reptiles) is observed in the area and would be at risk of entanglement or injury from installation/removal operations. The six multi -beam sonar devices would be operated at a sound frequency (approximately 720 kHz) that is outside the known hearing range of humans, marine mammals, sea turtles, sharks and fish. In addition, the devices would be operated at an intensity that would cause the generated sound energy to fade to background levels within less than 200 m. Potential shark detections observed by the system during the trial would be transmitted to the Newport Beach lifeguards and would be responded to in the same manner as a shark sighting report, following the Shark Policy developed for regional lifeguards in collaboration with relevant experts. Following this policy, a beach closure would only be likely if the presence of a shark is visually confirmed and the lifeguards determine that it poses a safety risk to ocean users. The proposed development will not adversely impact coastal resources, public access, or public recreation opportunities, and is consistent with past Commission actions in the area and Chapter Three policies of the Coastal Act. This waiver will not become effective until reported to the Commission at its August meeting and the site of the proposed development has been appropriately noticed, pursuant to 13054(b) of the California Code of Regulations. The Notice of Pending Permit shall remain posted at the site until the waiver has been validated and no less than seven days prior to the Commission hearing. If four (4) Commissioners object to this waiver of permit requirements, a coastal development permit will be required. Sincerely, John Ainsworth Executive Director (by) Cassidy Teufel Senior Environmental Scientist cc: File The Gemini Multibeam imaging sonar from Tritech is available with Ethernet or VDSL communication protocols. To support these protocols, Tritech has a range of optional interface units for topside connection of the Gemini sonar. Where a fibre-optic multiplexer is present the Gemini will most likely be operated in Ethernet mode. In this situation an interface unit is not required. However, to bench test the sonar the basic Ethernet interface unit simplifies the process and it is supplied with a suitable test cable. In the event that the Gemini sonar is part of an installation where the communication conductors are copper, the recommended solution is to utilise the VDSL protocol. The VDSL configuration has two interface options and the user should select the one most suited to the installation. The basic VDSL interface unit is for use on an installation which can directly supply the DC power required to operate the Gemini sonar (this is a typical ROV installation, where the power is supplied from the ROV). The basic VDSL interface can also be used to bench test the Gemini sonar using the short length of test cable, as supplied with the unit. Where DC power cannot be locally supplied to the Gemini sonar the Tritech 72V VDSL interface unit is typically used, providing a power source suitable to run over a cable up to 300m in length. www.tritech.co.uk Tritech Basic Ethernet and Basic VDSL 72V VDSL The r _moi u Il� r 1 - „ellovl„m,.,,...,mm Electrical and Communications Basic Ethemet Basic VDSL 72V VDSL Power Requirement 22 - 75V DC 22 - 75V DC 100-240V AC (50-60Hz) (supplied via external AC PSU) (supplied via external AC PSU) Power Consumption (with sonar) N/A 3.8W (40W) ;(40” 40W (80W maximum) iIL 2x Ethemet (10/100) Basel Ethernet (10/100) Base -T (80m) Ethemet (PC interface) Materials�Enclosure: (80m) VDSL (up to 500m, locally VDSL (Gemini interface) r _moi u Il� r 1 - „ellovl„m,.,,...,mm Electrical and Communications Basic Ethemet Basic VDSL 72V VDSL Power Requirement 22 - 75V DC 22 - 75V DC 100-240V AC (50-60Hz) (supplied via external AC PSU) (supplied via external AC PSU) Power Consumption (with sonar) N/A 3.8W (40W) ;(40” 40W (80W maximum) -Communications 2x Ethemet (10/100) Basel Ethernet (10/100) Base -T (80m) Ethemet (PC interface) Materials�Enclosure: (80m) VDSL (up to 500m, locally VDSL (Gemini interface) The Interface Box is sealed against dust and moisture ingress to IP64 standard' powered) I Connectors • Sol UTS7124P • Sol UTS7124P • Bulgin PX0730/P Storage: -20 to 50°C • Soul UTS71412S • Sol UTS7147S • Soul UTS7147S •Soul UTS718RJFN •Soul UTS718RJFN •Soul UTS718RJFN Physical Peregrine Road. well Business Park Basic Ethemet I VDSL I 72V VDSL Weight _ _Basic 1.1kg I2.93kg Materials�Enclosure: Aluminium alloy (AC -44300), Connectors: thermoplastic iAluminium alloy (AC -44300), Connectors: thermoplastic -1P Rating The Interface Box is sealed against dust and moisture ingress to IP64 standard' Temperatures Operating: 5 to 35°C Operating: 5 to 40°C j Storage: -20°C to 50°C Storage: -20 to 50°C Nate that Ine to lath J al wnen all :onnect.ra are calci real .1m Ine approve le math, cocrin., or blank. Specifications subject to cbenge according to a policy of continual development Marketed by 0713-SOM-00004-01 Tritech International Ltd Peregrine Road. well Business Park ��� Westhill, Aberdeenshire, AB32 dJL � salesUniteKingdom iale5l�tnlech cot uk ~44(0)1224 7 44 111 With a 1200 field of view and a fast update rate of 30Hz, the Gemini 720is is ideal for poor visibility environments. The Gemini 720is is supplied with Seanet Pro, Tritech's data acquisition and logging software, which offers users the ability to network and operate the sonar along with a range of other Tritech sensors from a single software interface. The Gemini stand-alone software also provides users with additional control overthe Gemini 7201sand can be upgraded to Gemini SeaTec to provide a variety of target classification and tracking capabilities. The ability to record data in a range of digital video formats and output screen shots for review comes as standard. The product offers world-class 97Hz update rate at 1 m range for video -like imagery. Target tracking algorithms developed by See6yte are embedded with in the Gemini software as standard. www.tritech.co.uk visl-lalisatien The 720is is the latest generation from renowned multibeam sonar range and real-time, high frequency imaging solution. The Gemini 720is operates at 720kHz and this combined with Tritech's state-of-the-art processing electronics, produces images of superb clarity. Tritech 236 \Il1h— -.mm, 1-1.—t Acoustic specifications __ ___ _ — — -�. — — Operating frequency _Angular resolution --- !720kHz ;1.0a acoustic, 0.25° effective Ranae 10.2m to 120m _ Number of beams _ 1512 Horizontal beamwidth bcnlrcnrnrc dN)dhll iritech _1120° Vertical beamwidth 20' (tilted down 10°) Update rate (typical operation) _ 15-301-lz (range dependent) Range resolution Tamm CHIRP support !Yes f Speed cf Sound __ iVoS sensor__— - f t \Il1h— -.mm, 1-1.—t Acoustic specifications __ ___ _ — — -�. — — Operating frequency _Angular resolution --- !720kHz ;1.0a acoustic, 0.25° effective Ranae 10.2m to 120m _ Number of beams _ 1512 Horizontal beamwidth bcnlrcnrnrc dN)dhll iritech _1120° Vertical beamwidth 20' (tilted down 10°) Update rate (typical operation) _ 15-301-lz (range dependent) Range resolution Tamm CHIRP support !Yes f Speed cf Sound __ iVoS sensor__— Interface Power requirement 115W - 27W range dependent)' Super voltage _119 to 74V DC toco Communication prols _ Ethernet or VDSL l Additional Ifo RS232, RS485 (half duplex), TTL in. Ethernet _ Connector type ISeaCon 55 series, SubConn FCR 15 series or Schilling SeaNetl ._.._—[(single dart as standard) IMaximum length for VDSL and power is 300m, if power is —VDSL cable length i -- — provided locally the maximum cable length for VDSL _communication is 500m Physical specifications _ Depth rating 1000m (Aluminium), 4000m (Titanium) Weight in air3.35kg_(Aluminium), S.Okg (Titanium) Weight in water 1.3k9 (Aluminium) 3 Okq (Titanium) _ -- ` T, ------ Temperature rating -10 to 351C (operating). -20 to 50aC (storage) 'The power consumption range quoted is accurate for a standalone unit and ignores came losses DOC umert:0703-SOnn-0001, Issue: 06 )oenncauon ,Jolec(n,bana^.^line euh 'ruepfs ooncrvi T rtP nal Sia .onr���m a,�Juu u«.ewonrcln r�,aan„� num.lwesmm Pwre bcnlrcnrnrc dN)dhll iritech flni,eJ FinyOon, MaMrm,l 4y aAlPhilnile l,.: 19101 I['1 '+-� SMART 14ARINr SY�'cMS - Clever Buoy Supporting Documentation Balboa Pier Pilot Installation Commercial in Confidence Clever Buoy Pilot — Balboa Pier Supporting Documentation 7 September 2018 SMART MARINE SYSTEMS This document may contain proprietary and/or confidential information. All information and data submitted is provided in reliance upon its consent not to use or disclose any information contained herein except in the content of its business dealing with Smart Marine Systems Ltd (SMS). The recipient of this document agrees to inform present and future employees/contractors who view or have access to its content of its confidential nature. The recipient agrees to instruct each employee/contractor that they must not disclose any information concerning this document to others except to the extent that such matters are generally known to and are available for use by the public. The recipient also agrees to not duplicate or distribute or permit other to duplicate or distribute any material contained herein without SMS's express written consent. SMS retains all title, ownership and intellectual property rights to the material and trademarks contained herein, including all supporting documentation, files, marketing material, and multimedia. BY ACCEPTANCE OF THIS DOCUMENT, THE RECIPIENT AGREES TO BE BOUND BY THE AFOREMENTIONED STATEMENT. Clever Buoy Pilot—Balboa Pier Supporting Documentation 7 September 2018 2 , _ 5 _ flE';ER SMART MARINE SYSTEMS 1 Clever Buoy Trial — Balboa Pier Beach 1 1 Nature or aroiect Clever Buoy is a near shore marine monitoring system, which is designed to provide an early safety warning for beach goers. The system is designed to detect sharks using state of the art sonar and identification systems to relay critical information to those authorities responsible for beach safety. The system will be deployed beyond the surf zone and utilizes multi beam imaging sonar mounted on the ocean floor to scan for marine life. When large objects are detected, the software interrogates the object's swimming pattern to determine a probability of a shark occurrence, and then information is sent to lifeguards notifying them of the target and the location. Clever Buoy Pilot — Balboa Pier Supporting Documentation 7 September 2018 3 1 P a g e 5 r`_ SMART MARINE SYST=MS Water depths shown in Figure 1 and Table 1 are referenced at the lowest astronomical tide (in ft( as per Chart Datum from the Navionics website. The blue lines identify the cable run from each sonar to the pier. Distances of each piece of equipment from the pier were measured in Google Earth and shown in Table 1. 2 50 21 33'35'55.30"N 117'54'6.28"W 33.598683' -117.901739' 198' 3 40 21 33'35'53.74"N 117'54'2.56"W 33.598260' -117.900712' 212' 4 114 20 33'35'53.03"N 117'53'59.99"W 33.598063' -117.899996' 179' 5 200 16 33'35'53.12"N 117'53'56.81"W 33.598089' -117.899114' 170' Buoy 60 30 33°35'52.53"N 117'54'5.42"W 33.597925' -117.901506' Clever Buoy Pilot — Balboa Pier Supporting Documentation 7 September 2018 41 S SMART MARINE SYSTEMS 1 ; eq nprn— rp All of the equipment above will be installed by commercial divers from a commercial dive vessel which will transport the equipment to the proposed location, shown in Figure 2 below. Clever Buoy Technology — Surface to Seabed Diagram GRAPHIC NOT TO SCALE gigure t - Surface to Seabed Design Clever Buoy Pilot — Balboa Pier Supporting Documentation 7 September 2018 5 1 P 3 g e I " SMART MARINE iYSTEMS _aoor The surface buoy is a steel constructed buoy supporting 3 solar panels and has an International Standard self - powered yellow flashing navigation light raised at the top of the super -structure for the solar panels, as per the image below. (Sealite SL151-2nm+Solar Marine Lantern) Clever Buoy Pilot — Balboa Pier Supporting Documentation 7 September 2018 61 i - - S SMART MARINE SYSTEMS TOP VIEW PROFILE VIEW 0j^ F y. On N UJ T� Water Line -I---_.__. - -... a) v v Clever Buoy Size Specifications f-gwo i iul.ice 3&D,, Jp6afic3t,ors The surface buoy will be moored using a traditional mooring chain and lump weight (500 lbs) (Example type in Figure 6). The mooring will run 49.2ft of 5/8" ground chain weighing 178.6lbs, which will then link to another 32.8ft of 3/8" chain weighing 29.51bs between the substrate and the keel of the buoy. This totals 82ft of chain between the mooring and the buoy, which allows for significant tidal range and wave height when deployed at 30ft depth. Mooring calculations supplied by manufacturer/engineer (Ribuck Industries, Australia): Buoy weight - 3483 lbs Buoy buoyancy - 683.4 Its = Reserve buoyancy of 335.1 lbs Anchor (clump) - 500 lbs (as per City of Newport request) Ground chain 5/8 — 49.2ft, 178.6 lbs Riser chain from ocean floor to bottom of buoy - 32.8ft, 29.5 lbs Total Mooring weight = 708.1 lbs As per City of Newport request for a 500 lbs lump weight, this raises the anchoring system to a 373 lbs advantage over 82ft of chain. Clever Buoy Pilot — Balboa Pier Supporting Documentation 7 September 2018 7 1 P 3 g e SMS SMART MARINE SYSTEMS M, 6 o 91311101. i""I, - 3"" (uloOn ng Jau"' '-,'nL I,i,JWx' Five anchoring systems will be installed on the sea floor to mount the sonar transducers. The vertical piles situated below the fish plate (Figure 7) will be positioned into the substrate, extending 6.6ft below the substrate. The vertical pole mounts situated above the substrate, where the sonar will be attached, have varying lengths to account for different water depths. Three (3) vertical poles are of Eft length, and two (2) vertical poles are of 4ft length above the substrate. The shorter vertical poles will be used for sonars 1 and 5, which are situated in shallower water depths (Figure 1, Table 1). PROFILE VIEW r v TOP VIEW m , agFeec .� i d Sonar Frame Size Specifications Clever Buoy Pilot —Balboa Pier Supporting Documentation 7 September 2018 8 S SMART MARINE SYSTEMS C�E9ER _ 8U0Y i � Labnr,� 3/8 inch chains and 1/2 inch communications cables will run from the base of the internal pile of the pier, out to the inner/first seabed anchor systems and then to the outer/second seabed anchor systems, as shown in Figure 9. The chains will run inbetween each frame and the pier to connect the communications cables. The cable chain will then be looped around the base of the pile and shackled back onto itself. Cables are designated to run up an Internal pile in bent #44 to the maintenance platform below the pier, and then across a piece of 2" x 6" redwood [Figure 8] and up into the communications box. Refer to Figure 9 on the next page for a detailed drawing of the pier piles indicating our proposed cable run. Refer to Appendix 5 for Caddy 4BRT64 and sonar cable specifications. / r R'd d ' Y i\ 1/, 1 i' _o lv ea A -bew i TQ. 7jl0411/. 4e('j. rp eo—h,A"r.. kyl.11. 12.C.- 1r10'Jrc:( Low Voira�LZ.lUDC ; w: l - , ;r Cable Connection from maintenance platform to cabinet location Clever Buoy Pilot — Balboa Pier Supporting Documentation 7 September 2018 9 1 P a g e S SMART MARINE 5YSTEMS 9 -�;i�r; 3 >�hcm atrc ur daibua gra• ndrea Unq egwpmenS OiaUon; Clever Buoy Pilot — Balboa Pier Supporting Documentation 7 September 2018 10 1 P a ; e 1� Jy`p4 i r Ii I- I � I I i I P i i I uw.eEQ our _ t M�aWh <l101f —) CAGL9 i o�.r T7 yuuY-S� . act co E'9 -5 i-iE' 3_t lg .. r,_� :,G �ufl_.,b Kl 3d+in r��:Y _.� , c�L c, •.v' -�;i�r; 3 >�hcm atrc ur daibua gra• ndrea Unq egwpmenS OiaUon; Clever Buoy Pilot — Balboa Pier Supporting Documentation 7 September 2018 10 1 P a ; e .�—•• alio r SMART MARINE SYSTEMS L c 7 1 C'I_ l 2,1L, n_I.r =ti I - See Figure 10 below for specs on the Hoffman electronics cabinet. For full cabinet dimensions see Appendix 4. For power input details to the cabinet please refer to the electrical drawings submitted to the eletrical planner for the City of Newport Beach. For cabinet maintenance and electrical outages redundancy planning please refer to section 1.3.7 Equipment Maintenance and Monitoring. a. ndentlitwFuAH FREE -STAND. TYPE 4x \U INDUSTRY STANDARDS JL 508A Listed. Type 3, 3R. 6, 1 12 File No E61997 rUL Listed per CSA C22 2 No 94. Type J. JR, 4. 4X, 12, File Ain Eel99y Enclosure iearmabthty evaluated per LL 508A NEMA Type 3R. 6. 4X. 12. 13 E i A RS 310 0 IEC 50527, IP66 'deers NEMA Type 3RX requirements APPLICATION An economical housing for corrosive environments, single door free -stand enclosures provide a versatile solution for appbcations chat reouve flexibility when mounting panels and racks Benents mr(ude easy access to equipment. larger capacity for control systems. steel reinforcements for stability and strength, captivated door screws and an optional POWERGLIDE handle lar secure latching FIBERGLASS SPECIFICATIONS Fiberglass -reinforced polyester material has excellent temperatureantl chemical resistance and exhibits outstanding physic at oreperlres Epoxy vinyl =star material can be requested instead tar protection against extremety corrosive rnemi:al environments Fiberglass material is easily punched. drilled. filed or sawed Models have either a 3 -point latching system With handle or stainless steel caonvated door screws Gasket assures watertight and dust light seal Painted steel Job. bottom and side internal reinforcements standard; stamless steel corner reinforcements optional Heavy duty Type 316 stainless steel Ldung eyes • Accessory mounting channels attached hcnaontally to interior body sides at lop bottom and center Painted mounting channels standard; stainless steel optional Panels and rack -mounting angles can be mounted anywhere along corner channels, panels can be mounted an sides or back Hinges are carrovomrestscant fiberglass :•nth Type 316 stainless steel hinge pins Large. high Impact thermoptasn c dais pocket 11200. 12 00 in or 305 x 305 mml is provided Molded in angular sealing (Lange direct s .wake, away from gasket area Type 316 stainless steel POW ERGUOE dandle on handle versions Materials halogen free FINISH Standard fiberglass enclosure Is gray Inside and gel coated gray on t hegmside Optional mild- steel panel s are painted white Optional conductive panels are available ACCESSORIES See also Accessories Accessory Setaction for Free Stand Type 4X Floor Stand Nit H20M[TVent Drains. Type 4X H2OMIT Thermaeleclnc Dehumidifier HOL SEALERS Mon-Metalbc Hole 5eals MODIFICATION AND CUSTOMIZATION Hoffman excels at modifying and customizing products m your specifications Contact your local Hoffman sales office or distributor for complete Information BULLETIN! A17 Standard Product t711fcai n.1711 bMslle6 +�•ey;ll;. 47u52g22 Wx 2500 Of 1129, 0 s 4. s22 eemamnp11-Tip, tie Sa 4ivM nas Aeel mnatr 214 03 FlgurV LU .y olfrl,n ofpe .tX ..abmiir ri and;pec=. Clever Buoy Pilot— Balboa Pier Supporting Documentation 7 September 2018 111 P d ; 5 SMART MARINE 5YSTENIS See Figure 11 below for the model and specifications for the point-to-point antenna to be secured to the underside of the pier, to be installed in the location as shown in the pier drawings (Figure 9). Any instance of vandalism to the cabinet occupying the public space on the pier, in the form of damage, graffiti/sticker placement or otherwise, will be responded to by SMS staff as soon as possible and within 24 hours of observation or notification of any such occurrence. The appropriate response will ensure immediate repair of any damage and removal of any graffiti/stickers placed on the cabinet. 24-hour contact regarding acts of vandalism —Richard Talmage +1 (949) 308-5411 *** "*SMS may update the contact details prior to or during the pilot project and will advise if this occurs. Clever Buoy Pilot — Balboa Pier Supporting Documentation 7 September 2018 12 (' ld Specifications UBIQUITI a Dimensions 582 x 90 x 65 mm (22.91 x 3.54 x 2.56"1 Weight with Mount 0.68 kg (1.50 It) Frequency i1S 9;95 Glia. Gain i0,18, Elevation Beamwidth 12 Electrical Downtilt t Max. VSWR Wind Survivability 200 km/h (125 mph) Wind Loading 71.17 N @ 200 km/h (16lbf @ 125 mph) Polarization Dual Linear Cross-Pol Isolation 25 da Min. RF Connectors 2RP-SMA Connectors (Weatherproof) aMounting airMAX Omni Universal Pole Mount RocketM Bracket, and Weatherproof RF Jumpers Included 5 GHzd W Mty MO 5511POm Antenna ETSI Specification R EN 302 326 DN2 Any instance of vandalism to the cabinet occupying the public space on the pier, in the form of damage, graffiti/sticker placement or otherwise, will be responded to by SMS staff as soon as possible and within 24 hours of observation or notification of any such occurrence. The appropriate response will ensure immediate repair of any damage and removal of any graffiti/stickers placed on the cabinet. 24-hour contact regarding acts of vandalism —Richard Talmage +1 (949) 308-5411 *** "*SMS may update the contact details prior to or during the pilot project and will advise if this occurs. Clever Buoy Pilot — Balboa Pier Supporting Documentation 7 September 2018 12 5 Q116Y SMART MARINE SYSTEMS Activity Frequency Description Type Procedure Sonar Monitoring dives Periodically check integrity of Boat - 1. SCUBA dive on and remotely inspect cleaning and will be conducted sonar mounting frames and SCUBA sonar transducers for growth and integrity equipment 2 days after cables, check sonar of the system. inspection. installation and transducers for marine growth 2. If growth is observed remotely, proceed every 2 weeks and clean if required. to conduct a SCUBA -based maintenance thereafter. dive. For full scale check and clean 3. Wipe any marine growth off the lens and As per our Coastal inspections, this may take a casing of each transducer. Commission full day of SCUBA diving. 4. Scrape any barnacle/algae growth off the Waiver sonar frames. requirements, we 5. Complete a final visual inspection of are required to equipment to ensure there is no damage conduct or fouling of any kind. monitoring dives 6. Complete a final swim through between 2 days after sonars to ensure none of the installation and cables/mooring lines have been damaged. then again at least 7. If any sonars or cables appear to be 30 days after damaged, they will need to be removed installation. and repaired/replaced with spares. Surface 2 days after Whenever a boat -based Pier -based 1. Transport pressure cleaner and any equipment installation and SCUBA maintenance dive is remote general equipment required to conduct cleaning and every time the required, conduct an inspection or general maintenance on the buoy when maintenance. crew is inspection of the surface buoy Boat. required. conducting for any requirements to 2. Pressure clean any biofoul off the buoy subsurface sonar pressure clean, or apply and complete any required maintenance. maintenance general maintenance. 3. Radio check that the system is functioning as expected before return to port. Software Ongoing. The health status of the Network. N/A Maintenance system will be constantly and patching, monitored by SMS and any signs of dysfunction will be addressed immediately. The SharkTec software utilised will be frequently updated in order to further improve the stability and accuracy of Clever Buoy. Severe Immediately Following a severe adverse Boat As per Sonar cleaning and equipment Weather thereafter weather event, all equipment inspection, visual inspection via SCUBA Events will be inspected to ensure the through the equipment. integrity of the system, weather permitting. Pier Based Cabinet will be Frequently check cabinet for Pier -based Quick visual observation of cabinet with each Electronics checked weekly damage/graffiti inspection pier visit. Cabinet and every other Electronics outages will trigger and remote Electronics outage warnings will be triggered time SMS staff remote warning notifications outage log remotely and responded to immediately visit the pier Clever Buoy Pilot— Balboa Pier Supporting Documentation 7 September 2018 13 1 P a SMART MARINE SYSTEMS 1-A-ra-'j;,.,t,, — Three (3) pier mounting blocks will be attached to a vertical pole of the pier using standard size W smartbands specially designed for pile wrapping: https!/www uosideent com aulproduct/smart-band-hybrid! (Figure.l2)_.. Standard specs are shown in Appendix 3 —the bands are made out of corrosion, chemical, weather and biofoul resistant polyoxymethylene (Acetal) (POM). Piles will be wrapped with thin metal sheeting to ensure the load from the smartbands are spread across the pile. The proposed band locations will be wrapped in and additional temporary layer of pile wrapping to ensure that the load is distributed to prevent damage to the existing pile wrap. A blue vinyl coated steel cable will then be connected through pier mounting blocks, which will then be tensioned at the top mounting block, creating a secure connection point for the Clever Buoy Riser cables which sits off the pole of the pier. This is designed to ensure there is no damage to pole of the pier, and to ensure that no loose cables will be present in the water column as the cable will be attached using cable ties every 1.2 feet. Clever Buoy Pilot—Balboa Pier Supporting Documentation 7 September 2018 14 1 P 3 g e S SMART MARINE SYSTEMS Appendix 1 - Seabed Frames Ground Engagement — Enaineenna ;p.,, iflr�tion; 9 The Clever Buoy ground engagement is only utilising two components of the complete mooring design, the rail anchor vertical piles (#9) and the connecting fish plate (#SO) in the table below. Item Item No Specification Breaking Working No Off Load Load Limit (US ton) (US Ton) 1 Swivel 1 131/32" OD and 31/32" ID Tube 26.23 t 10.49 t 25/32" Round Bar 5/16" Fillet Weld (minimum) All Grade 316 Stainless Steel 2 Buoy Bar 1 15/16" Round Bar M24 Nut 23.7 t 9.48 t Grade 316 Stainless Steel 3 Lower 1 25/32" Round Bar 26.23 t 10.49 t Loop on 5/16" Fillet Weld (minimum) Buoy Bar Grade 316 Stainless Steel 4 Lower 1 3/4" diameter Green Pin Shackles 22.16 t 8.86 t Buoy Bar Shackle 5 Riser 1 15/16" Grade 2 Stud Link Chain 26.35 t 10.54 t Chain 6 Riser 1 55/64" diameter Green Pin Shackles 26.23 t 10.49 t Shackle 7 Ground 3 3.28ft x 15/16" Grade 2 Stud Link Chain 22.82 t 9.13 t Chain 8 Anchor 3 55/64" diameter Green Pin Shackles 26.23 t 10.49 t Shackles Diver I Diver II Offset_ Anchor 31/32" Plate 9 Anchar 3 24.47 t 9.79 t 30 Fish Plate { 1 27.67 t 11.07 t Document Reference Section 53 Mowing Component Summary (excerptfrom complete offset mooring engineering design) Clever Buoy Pilot — Balboa Pier Supporting Documentation 7 September 2018 15 1 P a g e S ,. .-. SMART MARINE SYSTEMS aU0V All calculations on this page have been left in their original format (SI —Systeme International d'Unite) from the mooring engineers report and not adjusted to US units to ensure accuracy. Only the final value has been adjusted. Component: Rai Anchor Material: AS 1085 Part 1 Rags Ulmrtate Tensile Strength 0,rr = 820 MPa Ultimate Shear Strength r,n = 492 MPa 60°. 7e ude Weld Strength Weld Leg Length, S,.x = 11 mm Weld Length, L. = 508 mm Weld Size, S, = 8 mm rhroar rhlrbiras Weld Area, A, _ (8 x 508) = 4064 mm' Ultimate Load = t„r x A, = 492 x 4064 1999 kN Lever from weld to point of action = 63.5 mm Ultimate Moment = 126.937 kNm Lever = 500 mm Ultimate Load = M t Lever = 12710.5 = 254000 N Ultimate Load = 25.9 t Ultimate Buoy Load = 22.2 tonne Uftlimata Buoy Load = 7,4A7 US ton Component Fish Plate Material: 250 Grade Plate Ultimate Tensile Strength aIJT = 410 MPa Ultimate Shear Strength ruT = 246 MPa 66°. rm lle Shear Strength at Hole Plate Web Thickness = 25 mm Web Length = 20 mm Shear Area, A, _ (25 x 20) x 2 1000 mm' Ultimate Load = .,n x As = 246 x 1000 = 246000 N Ultimate Load - 25.1 t ukri nee toed = 27.67 US ton Clever Buoy Pilot—Balboa Pier Supporting Documentation 7 September 2015 161Pao= S SMART MARINE SYSTEMS Appendix 3 — smart Band Co 2.21 Smaitm Band Dimensions and Weights 2 2 !1 i7.and Oimt�zv w InIrcWLi •n;—„ ,.,. ,�, I i • I i 1 ]ZHIn, f1"PI 2.2 .tJ Standard Buckle Ormensxf?s 0 pO ~— Clever Buoy Pilot — Balboa Pier Supporting Documentation 7 September 2018 rNwill— �� i 171 ° a H. IRI1n1VOIII I Woman nncx�im a1 Sim mn tlnenl mm Incn1 linin lh'; I a"Im f1';"I PJmm ": 2.21-21 Band WE*W and Density cable No of Was 000,19M'L-911h kA -V DarsW Size uzum.o Cards yin fOL'10 IYcm- favi"A V 9mrn f W I ]ZHIn, f1"PI 2.2 .tJ Standard Buckle Ormensxf?s 0 pO ~— Clever Buoy Pilot — Balboa Pier Supporting Documentation 7 September 2018 rNwill— �� i 171 ° a SMART MARINE SYSTEMS Appendix 4 —H off m a n, Electronics Cabinet - Product Specthcat:ons FIBERGLASS 'RE iPE I nJentlla,6..r, MERONT I 24.50DOX_ 1.72 U DO _ �Rf 5 1 12.2� r 44 MI i&t mR ]I1 2.41 U WIN 8t mm ^ —NEWVfARIE 1 IF.ING -IES OF WIN I I 7 II N pO.bOmm II —] POINT I ' LAiwINO I OPwIHC 71 00 1MGOmI HE I MT A7 4(----- i9]0G qE� TAT ENLMOSINIE REIR OF �— r % n nluuuu 41 % IlI t 1� U4.41 �r--- 8-0 173 mR x WEO d11 T— 14T I.— _- L 14T IN57AlIE0 i Y L 2.6] 10.06 +.63 67 mm 000 mm 07 mm 25.4+ _ R'I GtH4 Al HERR. I 0� ENLROSYRE ]5.00 New I`<1815n2-1 17 46,rn aJS mmI 1)4 mm W5.V xr.a] ,40CHANNELS MIN.BAL40 mrxlCNF[SS2+.06 bjP( ,F)"I gL,0a1m �g 24. 24. Z 22. a1 � lO lmm mm z SECT IOPt 4 kVTF.: a... ..." 176•. L NT1110 L,IANNELSSFOR RE LAR PAxFM1S R1x0 GM1 NILES NG RE ILS RAw NA" H8 CIUHNEI$ CR g<p[pAdL? EO S.0. v. 11- Iir.111f Clever Buoy Pilot — Balboa Pier Supporting Documentation 7 September 2018 18 1 P a o e 0 S SMART MARINE SYSTEMS Door - Appendix S -- Threaded Bridle Rin; and Sonar Cable — Product Specifications httas:!/static.aravba r. com/rnntent-resource/pdf/4brt64-erico-90058187 - • Combine bridle rings with other CADDY fasteners to support cables from flange, purlin, drop wire, it -grid, etc. C �L us Part Number 413RT6d Material Steel Finish Eledrogabanrzed Olameter d' Screw Diameter I/4 Screw Type Metal Screw Length I/2' Ultimate Static Load 50 lb Certifications cULuz Standard Packaging Quantity 51) pc UPC 7828 httas:!/static.aravba r. com/rnntent-resource/pdf/4brt64-erico-90058187 - 5676985 soec-sheet-sku-soec- sheet/3242c20d2800170eldbade3232b1bed7-359860.odf Clever Buoy Pilot —Balboa Pier Supporting Documentation 7 September 2018 19 1 -v 3 SMART +1ARINE SYSTEMS �MacArtney Power/signal cable - Type 2019/13 Construction characteristics Power conductor 2.00 mm' {0 0031 mr) ban= rapperconductor insulated with PVC (2 each) Shielded twisted pair: 0.22 mm' (0 000341 int) bare copper conductor insulated with PE 2 conductors twisted together with a tinned copper drain wire and aluminium/polyester foil (2 each) Inner jacket: PVC jacket Inner jacket: Polyurethane jacket Strength member: Braided Kevlar Outer jacket: Polyurethane jacket. Colour blue httos://www.macartney.com/media/1124/power -signa I-cable-type-2019-b.odf Clever Buoy Pilot — Balboa Pier Supporting Documentation 7 September 2018 20 EXHIBIT "E" INSURANCE REQUIREMENTS 1. Provision of Insurance. Without limiting Clever Buoy's indemnification of City, and prior to commencement of Work, Clever Buoy 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. Clever Buoy agrees to provide insurance in accordance with requirements set forth here. If Clever Buoy uses existing coverage to comply and that coverage does not meet these requirements, Clever Buoy 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. Clever Buoy shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee 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. In addition, Clever Buoy shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Clever Buoy performs the Project and/or Services contemplated by this Agreement. Clever Buoy shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Clever Buoy performs the Project and/or Services contemplated by this Agreement. B. Marine General Liability (MGL) or General Liability Insurance. Clever Buoy shall maintain marine general liability or commercial general liability insurance with no waterborne exclusions, 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 and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, Clever Buoy Page 19 bodily injury and property damage, terminal operators/wharfingers liability, sudden and accidental pollution, USL & H and liability assumed under an insured Agreement (including the tort liability of another assumed in a business Agreement). C. Automobile Liability Insurance. Clever Buoy shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01covering bodily injury and property damage for all activities of Clever Buoy arising out of or in connection with Work to be performed under this 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 for each accident. D. Vessel Hull & Machinery. Clever Buoy shall maintain vessel hull and machinery insurance covering bodily injury and property damage to other vessels and providing collision coverage for damage caused to other vessels in an amount not less than one million dollars ($1,000,000) combined single limit for each incident. E. Protection & Indemnity Insurance (including crew). Clever Buoy shall maintain insurance covering liability in an amount not less than one million dollars ($1,000,000) combined single limit for each incident, for any third parry bodily injury or property damage caused by any vessels used by Clever Buoy to complete the project. Coverage shall include coverage to the crew. F. Vessel Pollution Liability. Clever Buoy shall maintain vessel pollution liability insurance in an amount not less than one million dollars ($1,000,000). G. Maritime Employers Liability (MEL). Clever Buoy shall maintain maritime employers' liability coverage in an amount not less than one million dollars ($1,000,000). Further, Clever Buoy stipulates that divers employed for this project shall be commercially certified. A recreational certificate is not sufficient. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverages maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Clever Buoy performs the Project and/or Services contemplated by this Agreement or shall specifically allow Clever Buoy or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Clever Buoy hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Clever Buoy Page 20 B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, automobile liability, protection and indemnity liability, and vessel pollution liability if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Clever Buoy performs the Project and/or Services contemplated by this Agreement shall be included as additional insureds under such policies. C. Primary and Non Contributory. Clever Buoy's insurance coverages shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Clever Buoy performs the Project and/or Services contemplated by this Agreement. Any insurance or self-insurance maintained by City shall be excess of Clever Buoy's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Clever Buoy 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. All of the executed documents referenced in this Agreement must be returned to City within ten (10) regular City business days after the Agreement is fully executed. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of work. 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. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Clever Buoy ninety (90) calendar days' advance written notice of such change. C. Right to Review Subcontracts. Clever Buoy agrees that upon request, all agreements with subcontractors or others with whom Clever Buoy enters into agreements with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Clever Buoy shall require and verify that all subcontractors maintain insurance meeting all the requirements stated Clever Buoy Page 21 herein, and Clever Buoy shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Clever Buoy acknowledges and agrees that any actual or alleged failure on the part of City to inform Clever Buoy of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit 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 Clever Buoy maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Clever Buoy. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Clever Buoy agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Clever Buoy's existing coverage includes a self- insured retention, the self-insured retention must be declared to City. City may review options with Clever Buoy, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Clever Buoy agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Clever Buoy or any subcontractor 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 Clever Buoy'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 Clever Buoy or reimbursed by Clever Buoy upon demand. H. Timely Notice of Claims. Clever Buoy shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Clever Buoy's performance under this Agreement, 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. I. Coverage not Limited. All insurance coverage and limits provided by Clever Buoy and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any Clever Buoy Page 22 other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Clever Buoy will renew the coverage required here annually as long as Clever Buoy continues to provide any Work under this Agreement or any other agreement with City. Clever Buoy shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Clever Buoy's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) calendar days of the expiration of the coverages. Clever Buoy Page 23 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 8/14/18 Dept./Contact Received From: Date Completed: 9/19/18 Sent to: Melissa By: Company/Person required to have certificate: Clever Bu( Type of contract: Other Melissa Jan LLC I. GENERAL LIABILITY ❑ Yes EFFECTIVE/EXPIRATION DATE: 2/16/18 — 2/16/19 G_ PRIMARY & NON-CONTRIBUTORY WORDING: ® N/A A. INSURANCE COMPANY: Lloyds H. HIRED AND NON -OWNED AUTO ONLY: ® N/A B. AM BEST RATING (A-: VII or greater): Not Rated I. NOTICE OF CANCELLATION: 0 N/A C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1 M or greater): What is limit provided? $10M/$I0M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed 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 included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement 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: Exemption Form on file d 7 E. INSURANCE COMPANY: AM BEST RATING (A-: VII or greater) ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A ❑ Yes ❑ No F. ADDITIONAL INSURED WORDING: ® N/A ❑ Yes ❑ No G_ PRIMARY & NON-CONTRIBUTORY WORDING: ® N/A ❑ Yes ❑ No H. HIRED AND NON -OWNED AUTO ONLY: ® N/A ❑ Yes ❑ No I. NOTICE OF CANCELLATION: 0 N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: Exemption Form on file A. B. C. D. E. F. G. H. INSURANCE COMPANY: AM BEST RATING (A-: VII or greater): ADMITTED Company (Must be California Admitted): WORKERS' COMPENSATION LIMIT: Statutory EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) WAIVER OF SUBROGATION (To include): Is it included? SIGNED WORKERS' COMPENSATION EXEMPTION FORM: NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY 2/16/18-2/16/19 LLOYDS Rating: Not Rated, Non -Admitted Limits: $10M VI BUILDERS RISK VII PROTECTION & INDEMNITY SEE SUB -CONTRACTOR COI VIII HULL & MACHINERY SEE SUB -CONTRACTOR COI HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Broker of record for the City of Newport Beach 9/19/18 Date ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ❑ N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ❑ Yes ❑ No ❑ N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Risk Management approval required for non -admitted Liability carrier. 9/19/18 Risk Management approved used of non -admitted carrier. Approved: Risk Management * Subject to the terms of the contract. Date