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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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
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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
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EXHIBIT "D"
SHARK DETECTION SYSTEM INSTALLATION PLANS
Clever Buoy Page 18
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CITY OF NEWPORTBEACH
PUBLIC \NORKS DEPARTMENT
DAVID A. 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
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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
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Westhill, Aberdeenshire, AB32 dJL
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salesUniteKingdom
iale5l�tnlech cot uk
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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
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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.
/
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7jl0411/. 4e('j. rp
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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
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Clever Buoy Pilot — Balboa Pier Supporting Documentation
7 September 2018 10 1 P a ; e
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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
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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