HomeMy WebLinkAboutC-3858 - Eelgrass Planting and Survey - Amendment 10 •
PROFESSIONAL SERVICES AGREEMENT WITH
COASTAL RESOURCES MANAGEMENT
FOR EELGRASS USRVEYS AND
EELGRASS MITIGATION BANK DEVELOPMENT
THIS AGREEMENT is made and entered into as of this 9 day of July, 2006, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and R.
RICHARD WARE DOING BUSINESS AS COASTAL RESOURCES MANAGEMENT a
sole proprietorship, whose address is PMB 327, 3334 E. Coast Highway, California,
92625 ( "Consultant "), 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 planning to develop a map of the eelgrass beds and patches in Newport
Harbor for the public to view on the City's website. These maps will provide the
City and the public with important information relative to dock and dredging
projects. The City also plans to develop eelgrass mitigation banks to assist
those property owners who will impact eelgrass during dock or dredging projects.
C. City desires to engage Consultant to conduct underwater eelgrass habitat
surveys in Newport Harbor. The Consultant also proposes to conduct eelgrass
transplants at up to two prospective eelgrass mitigation banking sites in Lower
Newport Bay. ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Rick Ware.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of June 2007, unless terminated earlier as set forth
herein.
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2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed in completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Fifty Thousand Dollars and No /100 ($50,000.00) without prior written
authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
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4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra. Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated RICK WARE to be
its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by Tom Rossmiller, Harbor Resources
Department, shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from and against any and all claims including, without
limitation, claims for bodily injury, death or damage to property, demands,
obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses including, without limitation, attorney's
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fees, disbursements and court costs of every kind and nature whatsoever which
may arise from or in any manner relate directly or indirectly to any breach of the
terms and conditions of this Agreement, any work performed or services
provided under this Agreement including, without limitation, defects in
workmanship or materials and /or design defects or Consultant's presence or
activities conducted on the Project (including the negligent and/or willful acts,
errors and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. 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 the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
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13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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.
D. Coverage Requirements. i 10'ih &vt-p67jao
i. Workers' Compensation Coverage. Consultant shall maintain
Worke ' Compensation Insurance and Employer's Liability
Insurance or his or her employees in accordance with the laws of
the State o California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and ployer's Liability Insurance in accordance with
the laws of the to of California for all of the subcontractor's
employees. Any tice of cancellation or non - renewal of all
Workers' Compensati policies must be received by City at least
thirty (30) calendar day 10 calendar days written notice of non-
payment of premium) prior such change. The insurer shall agree
to waive all rights of subrog ion against City, its officers, agents,
employees and volunteers for sses arising from work performed
by Consultant for City.
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ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant 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 occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
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vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
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for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
a;
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
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26. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Tom Rossmiller
Harbor Resources Department
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA, 92660
Phone: 949 - 644 -3041
Fax: 949 - 723 -0589
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Coastal Resources Management
Rick Ware
PMB 327
3334 E. Coast Highway
Newport Beach, CA, 92625
Phone: 949- 412 -9446
Fax: 949 -675 -2970
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
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28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30. 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.
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
32. 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.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. 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.
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35. 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.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
ov..._ C c-t"
Aaron C. Harp,
Occictnnt f .itv Attnmaxi
City Clerk
CITY OF NEWPORT BEAC ,
A Munic orporatio
By: r
Don Webb, Mayor
for the City of Newport Beach
CONS ANT:
By:
Rick Ware
Coastal Resources Management
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
F:\users\ cat\ shared\ Ag\ PRofServices \CoastalResources.doc
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Mr. Chris Miller
Harbor Department
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658
0
June 15th, 2006
Proposal to Produce Eelgrass Habitat Maps and Conduct Eelgrass Transplanting for the
City of Newport Beach, CA.
Dear Mr. Miller:
Coastal Resources Management is proposing to conduct underwater eelgrass habitat
surveys in Newport Harbor for the City of Newport Beach Harbor Resources
Department.
The purpose of the investigation is to provide updated, detailed maps of eelgrass
resources within Newport Harbor that can be used as a baseline of eelgrass conditions in
the Newport Bay ecosystem, identify potential eelgrass transplant sites, and conduct
eelgrass transplants into Newport Harbor Eelgrass Mitigation Bank areas.
The mapping project will update the results of surveys conducted by CRM for the City
of Newport Beach in 2003 and 2004, which produced the first bay -wide maps of eelgrass.
We will also be mapping two additional areas of Newport Harbor not mapped during the
2003 -2004 survey -the Linda Isle embayment and the east side of Lido Peninsula.
The results of the 2003 -2004 surveys in report form and in interactive, public- accessible
map form can be found at:
http: / /www6 cites newport-beach ca us/ website /interactivgMap /harbormgp asp,
These maps have provided City resource management personnel and the public with
important information relative to dock and dredging projects. Because of the extreme
rainfall and runoff into Newport Bay during the storms of 2004 -2005, these maps are
now outdated. Consequently, there is a need to update these maps for use by both City
resource managers, and the public who may have to apply for local and state permits to
conduct dredging or dock renovation projects. The location and distribution of eelgrass
is important to document since the City is in the process of preparing the Harbor Area
Management Plan (HAMP) which will be used in the long -term management of Newport
Harbor.
Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crm @earthlink.net
CJ
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Our total- not -to- exceed cost estimate is $50,000.00. This cost assumes that final GIS
maps will be produced by the City of Newport Beach GIS Department, similar to the
project in 2003 -2004. The CRM team will work directly with the City of Newport Beach
GIS department in producing the maps.
CRM looks forward to working with the City again on this important project. Please give
me a call if you have any questions.
Sincerely,
COASTAL RESOURCES MANAGEMENT
Rick Ware
Principal/Senior Marine Biologist
Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crm @earthlink.net
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SCOPE OF WORK
EELGRASS HABITAT MAPPING
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Coastal Resources Management will conduct a bay -wide eelgrass (Zostera marina)
mapping project to document the extent and abundance of this seagrass within Newport
Bay between the ocean entrance channel and the De Anza Marsh Peninsula in Upper
Newport Bay.
Field Surveys. Eelgrass vegetation will be mapped using a Global Position System
(GPS) and a team of Coastal Resources Management biologists consisting of a diver and
a surface support biologist. The biologist -diver first will locate the beginning of an
eelgrass bed and mark it with a yellow buoy. The surface support biologist working from
a kayak will then initiate tracking of the biologist diver using GPS technology as he
swims the perimeter of the individual eelgrass bed. Once the diver returns to the
beginning point, the GPS track will be terminated. Eelgrass patches too small to survey
or that are located in difficult areas to obtain a GPS signal (i.e., behind docks /under
piers) will be referenced as a GPS "point' and a size of the eelgrass patch will be
estimated by the diver. The accuracy of the mapping will be approximately one meter
using differential GPS post - processing software from Thales Navigation. This may
decrease however, in back of docks, and in areas where obtaining a GPS signal.
We will also collected information on eelgrass " turion" density, which provides an
indication of habitat cover within the perimeter of the bed. Turions are eelgrass units
consisting of the above - sediment portion of the eelgrass consisting of a single shoot and
"blades" (leaves) that sprout from each shoot (Figure 1). Turion density will estimated
by the SCUBA - diving biologist counting the number of live, green shoots at the
sediment/shoot interface within replicated 0.07 square meter (sq m) quadrats set between
the shallow and deep area of each sampling site. Initial standardization of counting
methods will be conducted to ensure the accuracy of counts between different team
members.
Fourteen areas of Newport Bay will re- sampled for turion density counts. Sixty,
replicate samples will be counted along a transect in shallow, mid, and deep areas of the
eelgrass bed. The data will then summarized for each area using graphical and statistical
methods.
Other background information collected during the survey will include general eelgrass
health, eelgrass blade length and width information„ sedimentary conditions (sand or
silt), water visibility, water depth, and plants and animals observed in the eelgrass beds
during the survey.
Data Analysis. Field data will be downloaded into a laptop computer using Geographic
Information Systems Software ( Thales Mobile Mapping Software, GPS PRO Tracker,
and ARCVIEW. Data files will be transferred to the City of Newport Beach
Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 ( fax) email rware.crm @earthlink.net
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G1S Division. The G1S Division will then enter this information into their G1S database
for use by both resources managers, and the public through the Newport Beach public
websile.
The horizontal survey datum to be used will be State Plane NAD 83 ft, Zone VI. CRM's
team will work with the City of Newport Beach to ensure that all datums, formats, and
procedures used during the mapping survey will be compatible with established
protocols of the City of Newport Beach GIS mapping department.
Report Preparation. CRM will produce a final eelgrass mapping study report. For
presentation and area calculation purposes, eelgrass mapping "regions" will be
developed, and based on the regions used for the 2003 -2004 CRM eelgrass surveys.
Data obtained during the eelgrass survey will be available for harbor area resource
managers and the public on the Harbor Resources Department websitc. This website
allows the public to view an aerial photograph of Newport Bay and the mapped locations
of eelgrass simultaneously. In addition, users can type in a street address to determine if
eelgrass beds or smaller patches area are located near or in front of-their property. The
full report produced by CRM will be provided to the City of Newport Beach harbor
Resources Division, as well as the National Marine Fisheries Service and the California
Department of Fish and Game.
Coastal Resources Management P1v1B 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (Pax) email rware.crm@earddink.net
I ',1
Team Members. The primary survey team will include Mr. Rick Ware (B.S. Zoology,
M.A., Biology, CSULB), Mr. .Stephen Whitaker (BS. Marine Biology, College of
Charleston, South Carolina, /currently in Masters Program at CSUF); and Mr. Lein
Jenkins (B.S., Biology, James Cook University, Townsville, Queensland, Australia).
These individuals conducted the prior eelgrass habitat mapping project for the City and
have extensive experience conducting eelgrass bed resource surveys and eelgrass
transplants throughout southern California. Mr. Ware will be the principal
investigator /project manager. He has over 28 years of experience conducting marine
biological studies throughout California, and has extensive experience within Newport
Bay.
City of Newport Beach GIS personnel (Mr. Scott Watson and Mr. Ryan Stadlman) will
prepare the final GIS graphics and habitat area calculations based on CRM's field work
similar to the 2003 -2004 eelgrass mapping project. Mr. Tom Rossmiller and Mr. Chris
Miller will be CRM's Newport Beach Project Manager, and will provide logistical
support.
SCOPE OF WORK
EELGRASS MITIGATION BANK TRANSPLANTS
CRM also proposed to conduct eelgrass transplants at up to two prospective eelgrass
mitigation banking sites in Lower Newport Bay for the Harbor Resources Department.
This program will (1) identify two potential eelgrass mitigation sites in Lower Newport
Bay and (2) conduct eelgrass transplants at each site. The selection of each mitigation
site will be made based upon (1) site selection dive surveys at potential locations in
Lower Newport Bay, and (2) recommendations from both the California Department of
Fish and Game and the National Marine Fisheries Service. Some of the sites that were
initially transplanted during 2003 Army Corps and City of Newport Beach Experiment
Eelgrass Transplants will also be given consideration, since the extremely heavy winter
of 2004 and 2005 likely resulted in high mortality of eelgrass that was transplanted at
each of the six experimental sites.
Transplant Methodology and Techniques. An anchor/bundle technique will be used for
the transplant. The donor stock material will be assembled into eelgrass bundle units at a
base location such as the 10s` Street Beach. Eelgrass bundles will then be transported by
vessel and transplanted to the receiver area by divers.
Eelgrass will be replanted at depths between -1 and -6 ft MLLW along a pre - determined
planting grid. The amount of eelgrass to be transplanted, and the amount to be used as
donor material will be determined once the transplant sites are identified, and once it is
determined how much transplant area is available at each site. We estimate however, that
the transplants will cover a minimum of 25 to 50 square meters of habitat at each site. Each
bundle will consist of 10 shoots of eelgrass. Transplants will be conducted on 1 meter (3.28
ft) centers.
Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crm @earthlink.net
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Transplant Monitoring. Monitoring will be conducted at intervals of 3 months, 6 months,
and one year following the transplants. A survey report and analysis of transplant success
will be provided within 30 days of the completion of each field survey.
PROJECT COSTS
The total estimated not -to- exceed cost for both the eelgrass habitat mapping and the
eelgrass transplants is $50,000.00. CRM's rate schedule is provided in Appendix 1.
PROJECT TIMING
CRM will initiate the mapping surveys in early -mid summer 2006, and complete the
surveys by November 2006. A final report will be presented to the Harbor Resources
Division by 1 December, 2006. Eelgrass transplants will either be conducted in
July /August 2006 or March/April 2007.
Coastal Resources Management FMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crm @earthlink.net
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COASTAL RESOURCES MANAGEMENT
FEE SCHEDULE
(Effective I Jm mary 2006)
LABOR RATE PER HOUR ,
SENIOR MARINE BIOLOGIST
$105.00
MARINE BIOLOGIST.
$75.00
MARINE TECHNICIAN 11
$55.00
MARINE TECHNICIAN 1
$45.00
WORD PROCESSOR
$45.00
EQUIPMENT RATE
COST (S)
Automobile mileage
$0.40 per mile
Computer charges
15.00 per hour
Facsimile
2.00 per page
SCUBA equipment
55.00 per day
Dive Insurance Surcharge
100.00 per day
Underwater 35 mm photographic equipment
55.00 per day
Differential GPS Unit
100.00 per day
Digital Cameras
$50.00.per day
Underwater 1/8 sq. meter photo jig
$15.00 per day
Underwater video equipment -
$85.00 per day
Video editing services
25.00 per hour
Video tape, 35 nun film and developing
at cost
Photocopy (in- house)
025 per page
Vessel -13 -5 It inflatable w/ 25 hp engine
200.00 per day
VHF radios
10.00 per day
Transect tapes and quadrats
10.00 per day
Diver - operated box corers (one liter capacity, set of 5 each)
$25.00 per day
Benthic sampling wash down screens /equipment
$10.00 per day
Refractometer
10.00 per day
Soil salinity tester
10.00 per day
LaMotte 2008 turbidity meter
25.00 per day
PH and redox meter
25.00 per day
50 foot beach seine net
25.00 per day
Containers, whirl packs, etc.
at cost
SUBSISTENCE
COST (S)
Lodging/ovemight
at cost
Per diem (half day)
40.00
Per diem (full day)
75.00
Note: Charges for outside rental of equipment or services will be re -billed at
a cost plus 15% handling fee.
This may include, but is not limited to travel costs, sampling equipment,
vessels, aerial photographic
services, reproduction, communications equipment, and outside contractors.
Coastal Resources Management PlvfB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crm@earthlink.net
JUL
�3S/1OC-20,1
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. S
July 11, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office / Harbor Resources Division
Dave Kiff, Assistant City Manager, (949) 644 -3002
d kiff@_city. newport- beach. ca. us
Harbor Resources Division (City Manager's Office)
Chris Miller, (949) 644 -3043
cmiller@ city. newport- beach.ca. us
SUBJECT: Contract for Eelgrass Planting and Survey
ISSUE:
Should the City enter into a contract with Coastal Resources Management to conduct eelgrass
surveys and to transplant eelgrass into mitigation sites in Newport Harbor?
Authorize the City Manager and City Clerk to execute a contract with Coastal Resources
Management in a substantially similar format to the attached contract.
DISCUSSION:
Underwater Eelarass Surveys
Coastal Resources Management (CRM) is proposing to conduct underwater eelgrass habitat
surveys in Newport Harbor for the City of Newport Beach Harbor Resources Department. The
purpose of the investigation is to provide updated, detailed maps of eelgrass resources within
Newport Harbor that can be used as a baseline of eelgrass conditions in the Newport Bay
ecosystem, identify potential eelgrass transplant sites, and conduct eelgrass transplants into
Newport Harbor Eelgrass Mitigation Bank areas.
The mapping project will update the results of surveys conducted by CRM for the City of
Newport Beach in 2003 and 2004, which produced the first bay -wide maps of eelgrass. The
results of the 2003 -2004 surveys in report and publicly accessible interactive map form, can be
found on the City's web site.
These maps have provided City resources management personnel and the public with important
information relative to dock and dredging projects. Because of the extreme rainfall and runoff
into Newport Bay during the storms of 2004 -1005, these maps are now outdated.
Eelgrass Planting and Survey
July 11, 2006
Page 2
Consequently, there is a need to update these maps for use by both City resource managers
and the public who may have to apply for local and state permits to conduct dredging or dock
renovation projects. The location and distribution of eelgrass is important to document since the
City is in the process of preparing the Harbor Area Management Plan (RAMP) which will be
used in the long term management of Newport Harbor.
Eelgrass Mitigation Bank Transplants
CRM also proposes to conduct up to two prospective eelgrass transplant mitigation banking
sites in Lower Newport Bay for the Harbor Resources Department. This program will: 1)
Identify two potential eelgrass mitigation sites in Lower Newport Bay, and 2) Conduct eelgrass
transplants at each site. The selection of each mitigation site will be made based upon (1) site
selection dive surveys at potential locations in Lower Newport Bay, and (2) recommendations
from both the California Department of Fish and Game and the National Marine Fisheries
Service. Some of the sites that were initially transplanted during the 2003 Army Corps and City
of Newport Beach Experiment Eelgrass Transplants will be also be given consideration, since
the extremely heavy winter of 2004 and 2005 likely resulted in high mortality of eelgrass that
was transplanted at each of the six experimental sites.
Proposal
CRM proposes to conduct the eelgrass surveys and the eelgrass mitigation bank transplants for
a not -to- exceed cost estimate of $50,000.00. The CRM team will work directly with the City of
Newport Beach GIS Department in producing the maps. The City Council has already approved
the Capital Improvement Project funding for this project in FY 2005 -06. The funding has been
carried over to FY 2006 -07.
Consultant Selection
CRM was selected based on their extensive history of providing eelgrass surveys, management
plans and policy development for Newport Harbor. CRM has worked closely with Harbor
Resources on previous surveys and transplant projects and is also regarded as an authority on
eelgrass by the local state and federal resource agencies.
ENVIRONMENTAL REVIEW:
The proposed project is categorically exempt from environmental review pursuant to CEQA
Guidelines, Section 15304, Class 4, (d): "Minor Alterations in land, water and vegetation on
existing officially designated wildlife management areas or fish production facilities which result
in improvement of habitat for fish and wildlife resources or greater fish production.°
PUBLIC NOTICE:
This agenda item has been noticed according to the Ralph M Brown Act (72 hours in advance of
the public meetings at which the City Council considers the item).
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Prepared by:
U& (.r (emu *,)�,
Chris Miller
Harbor Resources Supervisor
Attachments: Eelgrass Pictures
Eelgrass Areas to be Mapped
Draft Contract with CRM
Eelgrass Planting and Survey
July ii, 2008
Page 3
Submitted by:
Da& Kiff
Assistant City Mana er
• • Eelgrass Planting and Survey
July 11, 2006
Page 4
Eelgrass Pictures
• Eelgrass Planting and Survey
July 11, 2006
Page 5
Eelgrass Areas to be Mapped
PASSIONAL SERVICES AGREEMEPWITH
COASTAL RESOURCES MANAGEMENT
FOR EELGRASS SURVEYS AND
EELGRASS MITIGATION BANK DEVELOPMENT
"RECE17 AFTER AGENDA
PRINTED:" 9 -7"11-0(0
THIS AGREEMENT is made and entered into as of this _ day of July 2006, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and
COASTAL RESOURCES MANAGEMENT a company whose address is PMB 327,
3334 E. Coast Highway, California, 92625 ( "Consultant "), 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 cant' 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 planning to develop a map of the eelgrass beds and patches in Newport
Harbor for the public to view on the City's website. These maps will provide the
City and the public with important information relative to dock and dredging
projects. The City also plans to develop eelgrass mitigation banks to assist
those property owners who will impact eelgrass during dock or dredging projects.
C. City desires to engage Consultant to conduct underwater eelgrass habitat
surveys in Newport Harbor. The Consultant also proposes to conduct "grass
transplants at up to two prospective eelgrass mitigation banking sites in Lower
Newport Bay. ( "Project").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be Mr. Rick
Ware.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires, to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30 day of June 2007, unless terminated earlier as set forth herein.
2. SERVICES TO @PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Fifty Thousand Dollars and no /100 ($50,000.00) without prior written
authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and/or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
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4.2 Citv shall` reimburse Consultant oniv for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated MR. RICK WARE
to be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Harbor Resources Department.
TOM ROSSMILLER shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or
his /her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
[OPTION A: For Use In All Contracts Except Those With Architects,
Engineers And Surveyors]
4
To the fullest efnt Dermitted by law. Consultant Al indemnifv, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
any breach of the terms and conditions of this Agreement, any work performed
or services provided under this Agreement (including, without limitation, defects
in workmanship or materials and/or design defects [if the design originated with
Consultant]) or Consultant's presence or activities conducted on the Project
(including the negligent and /or willful acts, errors and /or omissions of Consultant,
its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. 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 the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
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12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities perforated and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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.
D. Coveraoe Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
D
emToyees. Any notice of cancellatih or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant 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 occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
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iii. Thies insurance shall act for each insured'"and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
[OPTION A: No Subcontractors] The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional
reputation, experience and competence of Consultant. Assignments of any or all
rights, duties or obligations of the Consultant under this Agreement will be
permitted only with the express written consent of City. Consultant shall not
subcontract any portion of the work to be performed under this Agreement
without the prior written authorization of City.
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17. OWNERSHIP 0 DOCUMENTS •
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
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invoices during rogular business hours. Consultant sTiall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
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28.
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All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn:
Harbor Resources Department
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA, 92660
Phone: 949 - 644 -3041
Fax: 949 - 723 -0589
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention:
Coastal Resources Management
Mr. Rick Ware
PMB 327
3334 E. Coast Highway
Newport Beach, CA 92625
Phone: (949) 412 -9446
Fax: (949) 675 -2970
TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that parry shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
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29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. 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.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. 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.
34. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
35. 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.
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36. CONTROLLINAAW 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.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
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LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
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Mayor
for the City of Newport Beach
CONSULTANT:
By:
Mr. Rick Ware
Coastal Resources Management
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
F: Wserslcat5sharedlContract TemplatesPublishedonlntranetlPSA general use template 05- 19- 06.doc
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June 15th, 2006
Mr. Chris Miller
Harbor Department
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658
Proposal to Produce Eelgrass Habitat Maps and Conduct Eelgrass Transplanting for the
City of Newport Beach, CA.
Dear Mr. Miller:
Coastal Resources Management is proposing to conduct underwater eelgrass habitat
surveys in Newport Harbor for the City of Newport Beach Harbor Resources
Department.
The purpose of the investigation is to provide updated, detailed maps of eelgrass
resources within Newport Harbor that can be used as a baseline of eelgrass conditions in
the Newport Bay ecosystem, identify potential eelgrass transplant sites, and conduct
eelgrass transplants into Newport Harbor Eelgrass Mitigation Bank areas.
The mapping project will update the results of surveys conducted by CRM for the City
of Newport Beach in 2003 and 2004, which produced the first bay -wide maps of eelgrass.
We will also be mapping two additional areas of Newport Harbor not mapped during the
2003 -2004 survey -the Linda Isle embayment and the east side of Lido Peninsula.
The results of the 2003 -2004 surveys in report form and in interactive, public- accessible
map form can be found at:
ham: / /www6.city.newport- beach. ca. us/ website anteractiveMaplarbormap.asi).
These maps have provided City resource management personnel and the public with
important information relative to dock and dredging projects. Because of the extreme
rainfall and runoff into Newport Bay during the storms of 2004 -2005, these maps are
now outdated. Consequently, there is a need to update these maps for use by both City
resource managers, and the public who may have to apply for local and state permits to
conduct dredging or dock renovation projects. The location and distribution of eelgrass
is important to document since the City is in the process of preparing the Harbor Area
Management Plan (RAMP) which will be used in the long -term management of Newport
Harbor.
Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.erm @earihlink.net
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Our total- not -to- exceed cost estimate is $50,000.00. This cost assumes that final GIS
maps will be produced by the City of Newport Beach GIS Department, similar to the
project in 2003 -2004. The CRM team will work directly with the City of Newport Beach
GIS department in producing the maps.
CRM looks forward to working with the City again on this important project. Please give
me a call if you have any questions.
Sincerely,
COASTAL RESOURCES MANAGEMENT
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Rick Ware
Principal /Senior Marine Biologist
Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.enn@earthlink.net
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SCOPE OF WORK
EELGRASS HABTTAT MAPPING
Coastal Resources Management will conduct a bay -wide eelgrass (Zostera marina)
mapping project to document the extent and abundance of this seagrass within Newport
Bay between the ocean entrance channel and the De Anza Marsh Peninsula in Upper
Newport Bay.
Field Surveys. Eelgrass vegetation will be mapped using a Global Position System
(GPS) and a team of Coastal Resources Management biologists consisting of a diver and
a surface support biologist. The biologist -diver first will locate the beginning of an
eelgrass bed and mark it with a yellow buoy. The surface support biologist working from
a kayak will then initiate tracking of the biologist diver using GPS technology as he
swims the perimeter of the individual eelgrass bed. Once the diver returns to the
beginning point, the GPS track will be terminated. Eelgrass patches too small to survey
or that are located in difficult areas to obtain a GPS signal (i.e., behind docks/under
piers) will be referenced as a GPS "point" and a size of the eelgrass patch will be
estimated by the diver. The accuracy of the mapping will be approximately one meter
using differential GPS post- processing software from Thales Navigation. This may
decrease however, in back of docks, and in areas where obtaining a GPS signal.
We will also collected information on eelgrass "turion" density, which provides an
indication of habitat cover within the perimeter of the bed. Turions are eelgrass units
consisting of the above - sediment portion of the eelgrass consisting of a single shoot and
"blades" (leaves) that sprout from each shoot (Figure 1). Turion density will estimated
by the SCUBA - diving biologist counting the number of live, green shoots at the
sediment/shoot interface within replicated 0.07 square meter (sq m) quadrats set between
the shallow and deep area of each sampling site. Initial standardization of counting
methods will be conducted to ensure the accuracy of counts between different team
members.
Fourteen areas of Newport Bay will re- sampled for turion density counts. Sixty,
replicate samples will be counted along a transect in shallow, mid, and deep areas of the
eelgrass bed. The data will then summarized for each area using graphical and statistical
methods.
Other background information collected during the survey will include general eelgrass
health, eelgrass blade length and width information„ sedimentary conditions (sand or
silt), water visibility, water depth, and plants and animals observed in the eelgrass beds
during the survey.
Data Analysis. Field data will be downloaded into a laptop computer using Geographic
Information Systems Software (Thales Mobile Mapping Software, GPS PRO Tracker,
and ARCVIEW. Data files will be transferred to the City of Newport Beach
Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crm @earthlink.net
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GIS Division. The GIS Division will then enter this information into their GIS database
for use by both resources managers, and the public through the Newport Beach public
website.
The horizontal survey datum to be used will be State Plane NAD 83 fl, Zone VI. CRM's
team will work with the City of Newport Beach to ensure that all datums, formats, and
procedures used during the mapping survey will be compatible with established
protocols of the City of Newport Beach GIS mapping department.
Report Preparation. CRM will produce a final eelgrass mapping study report. For
presentation and area calculation purposes, eelgrass mapping "regions" will be
developed, and based on the regions used for the 2003 -2004 CRM eelgrass surveys.
Data obtained during the eelgrass survey will be available for harbor area resource
managers and the public on the Harbor Resources Department website. This website
allows the public to view an aerial photograph of Newport Bay and the mapped locations
of eelgrass simultaneously. In addition, users can type in a street address to determine if
eelgrass beds or smaller patches area are located near or in front of their property. The
full report produced by CRM will be provided to the City of Newport Beach Harbor
Resources Division, as well as the National Marine Fisheries Service and the California
Department of Fish and Game.
Coastal Resources Management PMB 327, 3334 C. Coast Highway, Corona del Mar CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crin@earthliiik.net
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Team Members. The primary survey team will include Mr. Rick Ware (B.S. Zoology,
M.A., Biology, CSULB), Mr. Stephen Whitaker (BS. Marine Biology, College of
Charleston, South Carolina, /currently in Masters Program at CSUF); and Mr. Lein
Jenkins (B.S., Biology, James Cook University, Townsville, Queensland, Australia).
These individuals conducted the prior eelgrass habitat mapping project for the City and
have extensive experience conducting eelgrass bed resource surveys and eelgrass
transplants throughout southern California. Mr. Ware will be the principal
investigator /project manager. He has over 28 years of experience conducting marine
biological studies throughout California, and has extensive experience within Newport
Bay.
City of Newport Beach GIS personnel (Mr. Scott Watson and Mr. Ryan Stadlman) will
prepare the final GIS graphics and habitat area calculations based on CRM's field work
similar to the 2003 -2004 eelgrass mapping project. Mr. Tom Rossmiller and Mr. Chris
Miller will be CRM's Newport Beach Project Manager, and will provide logistical
support.
SCOPE OF WORK
EELGRASS MITIGATION BANK TRANSPLANTS
CRM also proposed to conduct eelgrass transplants at up to two prospective eelgrass
mitigation banking sites in Lower Newport Bay for the Harbor Resources Department.
This program will (1) identify two potential eelgrass mitigation sites in Lower Newport
Bay and (2) conduct eelgrass transplants at each site. The selection of each mitigation
site will be made based upon (1) site selection dive surveys at potential locations in
Lower Newport Bay, and (2) recommendations from both the California Department of
Fish and Game and the National Marine Fisheries Service. Some of the sites that were
initially transplanted during 2003 Army Corps and City of Newport Beach Experiment
Eelgrass Transplants will also be given consideration, since the extremely heavy winter
of 2004 and 2005 likely resulted in high mortality of eelgrass that was transplanted at
each of the six experimental sites.
Transplant Methodology and Techniques. An anchor/bundle technique will be used for
the transplant. The donor stock material will be assembled into eelgrass bundle units at a
base location such as the 10"' Street Beach. Eelgrass bundles will then be transported by
vessel and transplanted to the receiver area by divers.
Eelgrass will be replanted at depths between -1 and -6 ft MLLW along a pre- determined
planting grid. The amount of eelgrass to be transplanted, and the amount to be used as
donor material will be determined once the transplant sites are identified, and once it is
determined how much transplant area is available at each site. We estimate however, that
the transplants will cover a minimum of 25 to 50 square meters of habitat at each site. Each
bundle will consist of 10 shoots of eelgrass. Transplants will be conducted on 1 meter (3.28
ft) centers.
Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crm @earthlink.net
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Transplant Monitoring. Monitoring will be conducted at intervals of 3 months, 6 months,
and one year following the transplants. A survey report and analysis of transplant success
will be provided within 30 days of the completion of each field survey.
PROJECT COSTS
The total estimated not -to- exceed cost for both the eelgrass habitat mapping and the
eelgrass transplants is $50,000.00. CRM's rate schedule is provided in Appendix 1.
PROJECT TIMING
CRM will initiate the mapping surveys in early -mid summer 2006, and complete the
surveys by November 2006. A final report will be presented to the Harbor Resources
Division by 1 December, 2006. Eelgrass transplants will either be conducted in
July /August 2006 or March/April 2007.
Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crm @earthlink.net
COASTAL RESOURCES MANAGEMENT
FEESCHEDULE
(Effective 1 January 2006)
LABOR RATE PER HOUR
SENIOR MARINE BIOLOGIST
$105.00
MARINE BIOLOGIST
$75.00
MARINE TECHNICIAN li
$55.00
MARINE TECHNICIAN 1
$45.00
WORD PROCESSOR
$45.00
EQUIPMENT RATE
COST ($) ,
Automobile mileage
$0.40 per mile
Computer charges
15.00 per hour
Facsimile
2.00 per page
SCUBA equipment
55.00 per day
Dive Insurance Surcharge
100.00 per day
Underwater 35 mm photographic equipment
55.00 per day
Differential GPS Unit
100.00 per day
Digital Cameras
$50.00 per day
Underwater 1/8 sq. meter photo jig
$15.00 per day
Underwater video equipment
$85.00 per day
Video editing services
25.00 per hour
Video tape, 35 mm film and developing
at cost
Photocopy (in- house)
0.25 per page
Vessel -13.5 ft inflatable w/ 25 hp engine
200.00 per day
VHF radios
10.00 per day
Transect tapes and quadrats
10.00 per day
Diver - operated box corers (one liter capacity, set of 5 each)
$25.00 per day
Benthic sampling wash down screens/equipment
$10.00 per day
Refractometer
10.00 per day
Soil salinity tester
10.00 per day
LaMotte 2008 turbidity meter
25.00 per day
pH and redox meter
25.00 per day
50 foot beach seine net
25.00 per day
Containers, whirl packs, etc.
at cost
SUBSISTENCE
COST ($)
Lodginglovernight
at cost
Per diem (half day)
40.00
Per diem (full day)
75.00
Note: Charges for outside rental of equipment or services will be re- billed at
a cost plus 15% handling fee.
This may include, but is not limited to travel costs, sampling equipment,
vessels, aerial photographic
services, reproduction, communications equipment, and outside contractors.
Invoices are due and payable
upon presentation. Accounts more than 30 days past due may be subject to
interest charges at the rate of
1.5% per month on the unpaid balance.
Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.cnn @earthlink.net
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
q
ositoo-2DC9)
Agenda Item No. 14
May 13, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office / Harbor Resources Division
Dave Kiff, Assistant City Manager, (949) 644 -3002
d kiffacity. newport- beach. ca. us
Harbor Resources Division (City Manager's Office)
Chris Miller, Manager, (949) 6443043
cmiller city.newport- beach.ca.us
SUBJECT: Amendment No.1 to the Contract for Eelgrass Planting and Survey
ISSUE:
Should the City amend the contract with Coastal Resources Management to conduct eelgrass
surveys and to transplant eelgrass into mitigation sites in Newport Harbor?
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Contract Amendment No. 1 with Coastal Resources
Management in a substantially similar format to the attached contract.
DISCUSSION:
Underwater Eelgrass Surveys
Coastal Resources Management (CRM) has completed underwater eelgrass habitat surveys in
Newport Harbor for the City of Newport Beach Harbor Resources Department. The purpose of
the investigation is to provide updated, detailed maps of eelgrass resources within Newport
Harbor that can be used as a baseline of eelgrass conditions in the Newport Bay ecosystem,
identify potential eelgrass transplant sites, and conduct eelgrass transplants into Newport
Harbor Eelgrass Mitigation Bank areas.
The mapping project updated the results of surveys conducted by CRM for the City of Newport
Beach in 2003 and 2004, which produced the first bay -wide maps of eelgrass. The results of
the 2003 -2004 and the 2006 -07 surveys have been provided in a publicly accessible interactive
map form, and can be found on the City's web site.
These maps have provided City resources management personnel and the public with important
information relative to dock and dredging projects. Because of the extreme rainfall and runoff
into Newport Bay during the storms of 2004 -05, the comparison of the before and after storm
location of the eelgrass beds is critical to the understanding of the cycle nature of eelgrass
• • Amendment to CRM Contract
May 13, 2008
Page 2
growth in Newport Bay. The location and distribution of eelgrass Is also important to document
since the City is in the process of preparing the Harbor Area Management Plan (HAMP) which
will be used in the long term management of Newport Harbor.
Eelgrass Milipalion Bank Transplants
CRM also proposed to complete up to two prospective eelgrass transplant mitigation banking
sites In Lower Newport Bay for the Harbor Resources Department under this contract. Harbor
Resources is recommending that these mitigation bank transplants not be completed until more
information about what constitutes a potentially successful mitigation site is acquired.
Shown below Is a graphic of a portion of Lower Newport Bay near the harbor entrance. The
area shown in yellow is the 2006 -07 eelgrass mapping effort carried out by diver survey under
this contract. The areas shown in red are locations where eelgrass was found in 2003 -04 but
not found in 2006 -07. In this part of the Bay, the difference in aerial coverage between the two
surveys is not large; however, in other parts of the Bay the difference is very significant Shown
in blue is the area of this portion of the Bay where NOAA National Marine Fisheries Service
found eelgrass using electronic methods from their research vessel in 2003 -04. NOAA has not
been able to duplicate that survey for the City of Newport Beach in 2006 -07. However, CRM
now has the capability to complete the survey with similar methodology to that employed by
NOAH.
This information is critical to our understanding of what constitutes a potentially successful
mitigation site. Thus Harbor Resources is requesting Amendment No. 1 to the contract which
will allow us to acquire the data and propose proper mitigation bank sites after further
evaluation.
11
• • Amendment to CRM Contract
May 13, 2006
Page 3
This survey can be completed within the funding that remains available under this contract.
Harbor Resources will return to the Council for consideration of mitigation bank planting upon
completion and evaluation of the surveys.
ENVIRONMENTAL REVIEW:
The proposed project is categorically exempt from environmental review pursuant to CEQA
Guidelines, Section 15306, Class 6 which "consists of basic data collection, research,
experimental management, and resource evaluation activities which do not result in a serious or
major disturbance to an environmental resource. These may be strictly for informational
gathering purposes, or as part of a study leading to an action which a public agency has not yet
approved, adopted, or funded."
PUBLIC NOTICE:
This agenda item has been noticed according to the Ralph M Brown Act (72 hours in advance of
the public meetings at which the City Council considers the item).
Prepared by:
Chris Miller
Harbor Resources Manager
Attachments: Contract Amendment No.1
Exhibit A — Scope of Work
Professional Services Agreement
Submitted by:
U
Da Kiff
Assistant City Manager
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AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT WITH COASTAL RESOURCES
MANAGEMENT
FOR EELGRASS SURVEYS AND EELGRASS
MITIGATION BANK DEVELOPMENT
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this _ day of , 2008, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and Coastal Resources
Management, Inc., a California Corporation whose address is PMB 327, 3334 E. Coast
Highway Corona del Mar, California, 92625 ( "CONSULTANT'), and is made with
reference to the following:
RECITALS:
A. On July 24, 2006, CITY and CONSULTANT entered into a Professional Services
Agreement, hereinafter referred to as "AGREEMENT', for eelgrass surveys and
eelgrass mitigation bank development services for the Newport Harbor Eelgrass
Monitoring Project, hereinafter referred to as "PROJECT'.
B. CITY and CONSULTANT have entered into no other separate AMENDMENTS
of the AGREEMENT.
C. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services
not included in the AGREEMENT or prior AMENDMENTS and to extend the term
of the AGREEMENT to December 31, 2008.
D. CITY and CONSULTANT desire to change the scope of one of the tasks needed
for PROJECT. Since previous mitigation planting efforts have failed, the City has
elected to delete the eelgrass mitigation bank transplant task and substitute a
remote eelgrass sensing survey per the attached Exhibit A. The total not to
exceed compensation to the consultant shall remain Fifty Thousand Dollars and
no /100 per Section 4 of the AGREEMENT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 1 ", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
The Scope of Work shall be revised as follows: Since previous mitigation
planting efforts have failed, the City has elected to delete the eelgrass mitigation
bank transplant task and substitute a remote eelgrass sensing survey per the
attached Exhibit A. The total not to exceed compensation to the consultant shall
remain Fifty Thousand Dollars and no /100 per Section 4 of the AGREEMENT.
2. The term of the AGREEMENT shall be extended to December 31, 2008.
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3. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
on the date first above written.
APP OVED AS TO FORM:
Cl — C- L
City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
Attachments: Exhibit A — Scope of Services
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
CONSULTANT:
By:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
F:\ userslcatlsharedlContractTemplatesPublishedonlntranet %FORMPSAAmendment.doc
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® EXHIBIT A
PROPOSAL TO CONDUCT REMOTE EELGRASS SENSING SURVEYS IN
NEWPORT HARBOR, CALIFORNIA
Prepared for: Tom Rossmiller, City of Newport Beach, CA
Harbor Resources Department
Coastal Resources Management, Inc. (CRM) proposes to conduct sidescan sonar surveys
and remote -video surveys in Newport Harbor to map eelgrass habitats located in deeper
areas of the harbor that cannot safely or effectively mapped by using divers. These
surveys are necessary so that the City has a detailed and complete knowledge of eelgrass
bed resources within Newport Bay as part of the Newport Harbor Area Management Plan
(HAMP)•
Sidescan surveys have been used since the early 1990s to map sensitive habitats such as
reefs, eelgrass and kelp beds. We have used sidescan sonar to map large areas of eelgrass
within Linda Isle, and through the Lower Newport Harbor Marina for the City of
Newport Beach, with excellent results and will be using this technique for the City of
Morro Bay in early March. Eelgrass beds in outer Los Angeles Harbor were mapped
using remote sensing methods in 2000. A sidescan investigation of the condition of the
Newport Harbor entrance jetties in the 1990's located extensive beds within the channel.
National Marine Fisheries Service subsequently mapped eelgrass beds in wide -open areas
and the channel entrance of Newport Bay in winter 2003.
For this study, Coastal Resources Management Inc. and Nearshore Wetland Surveys
propose to:
(1) Conduct marine biological field studies in Newport Harbor to identify deepwater
eelgrass habitats located between the Harbor Entrance Channel and Balboa Island, and
(2) Prepare a summary report of our field survey findings and a detailed GIS habitat map
that will be included in the City of Newport Beach GIS mapping system and on the City's
website. These tasks are identified in more detail below.
SCOPE OF WORK
TASK 1. CONDUCT FIELD SURVEYS IN LOWER NEWPORT HARBOR
CRM proposes to conduct underwater surveys of Lower Newport Harbor to identify
eelgrass vegetation employing a combination of sidescan sonar remote sensing, high -
resolution underwater video, and ground -truth diver surveys. The survey area is shown
in Figure 1. The survey area extends between the ocean entrance channel and the Balboa
Bridge on the north, and the ocean entrance channel to the Balboa Pavilion/Ferry Docks
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412 -9446 (949) 675 -2970 ( fax) email rware.crm @,emthlink.net
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on the west. The area will include open water habitat, areas within vessel mooring fields,
and potential eelgrass mitigations sites on the south side of Balboa Island.
CRM will incorporate sidescan sonar technology linked with high - resolution underwater
video and thirdly, site - specific diver - biologist ground - truthing surveys. Large -scale diver
surveys conducted within active navigational channels can present significant diver safety
issues and can be extremely labor - intensive. Limiting underwater time by divers by
using remote sensing techniques (sidescan sonar /underwater video) significantly reduces
diver safety and liability issues in such an active boating environment as the Lower
Newport Harbor Marinas. However, when CRM conducts dive surveys in active harbors
and marinas, CRM also puts a priority on diver safety by utilizing Ocean Technology
Systems (OTS) underwater communications and vessel -to -diver underwater
communications which significantly enhances diver safety in high - traveled regions of
bays and harbors.
It is important to note that remote sensing methods are an approved technique to map
eelgrass as outlined in the Southern California Eelgrass Mitigation Policy (National
Marine Fisheries Service 1991 as amended), therefore, methods employed by CRM and
NWS to map in Newport Harbor will be accepted by the resources agencies.
Phase 1 Field Operations. Coastal Resources Management, Inc. (CRM) and Nearshore
and Wetland Surveys (NWS) have developed a technique that overcomes the limitation
of using sidescan sonar in shallow water areas and in areas where maneuverability is
restricted. The method is based on the use of an Imagenex Sportscan sidescan sonar.
The small towfish is readily accommodated in either a 16 -ft skiff that can operate within
confined marina basins or in a larger 23 -ft vessel in more exposed regions of the survey
area.
The sidescan sonar data are logged using Hypack data acquisition software. Following
acquisition of the data, a mosaic image of the seafloor will be produced. Areas of interest
will be documented using a high - resolution underwater color video camera (Ocean
System, Inc. Deep Blue Professional Grade Color Underwater Video Camera) that
integrates GPS data and time on the recorded video image. The seafloor mosaic will be
visible on the navigation display, allowing the vessel to be steered to specific targets.
Field personnel will be able to view eelgrass vegetation in real -time as the survey vessel
is maneuvered across the areas of interest. The real -time information is simultaneously
recorded on a Digital Video Recorder (DVR) and will be used later in the laboratory to
verify the sidescan sonar locations and density of eelgrass, and collect additional
information of the types of fish and marine life present within the survey area.
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412 -9446 (949) 675 -2970 ( fax) email rware crm@eart dh&net
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Imagcnex Sporiscan Sidescan Sonar Towfish
ISM
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Laboratory Processing of Data. The processing package of the Hypack software allows
for the production of bayfloor mosaics (naps), which prominently displays the location
and extent ofcclgmss vegetation. Once the mosaic for each marina basin survey area is
produced, eelgmss habitat will be digitized, areal cover calculated, and further verified as
eelgmss vegetation from the GPS- Inbcicd underwater video records and dive surveys.
From these combined records, final eclgmss habitat maps will be prepared in ArcView
9.2 data format for the City's GIS Department and the Harbor Resources Department.
All of the AutoCAD and GIS produced eelgmss maps can be integrated with the City's
bathymetric maps and dredge plan drawings to provide an overlay of eelgross habitat vs
areas potentially impacted by Newport Harbor improvements. Amount of eelgrass
habitat, and other sensitive habitats affected by the project can then be calculated using
this method.
Phase 2 Field Dive Operations. It is important to ground -truth and Geld -verify the
results of the remote sidescan sonar that identify eclgmss habitat obtained during Phase I
Field Operations. In addition, celgmss turion density (a measurement of c-elgrass density)
Coastal Resources Management, I= PMB 327.3334 F Corot Highway, Comm del Mar, CA 92625
(949) 412 -9446 (949) 675 -2970 ( fax) email rwamermi'a,authlinkntt
ID
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needs to be estimated using biologist/diver -survey methods Therefore, a one -day focused
dive survey will be conducted by marine biologists to estimate eelgrass cover and turion
density and collect site - specific marine biological information.
TASK 2. PREPARE PROJECT REPORTS
Based upon the results of the field survey, CRM will prepare a summary field report that
will provide methods, results, and the GIS compatible eelgrass habitat map for the City.
TASK 3: PROJECT MANAGEMENT
Mr. Rick Ware, Senior Marine Biologist and Principal of CRM will be the principal
investigator/project manager for this project. He will be responsible for the timely
execution of field work and project submittals. He will be assisted by Mr. Rick Hollar,
Principal of Nearshore Wetland Surveys (NWS), and Mrrs. Stephen Whitaker, and Tom
Gerlinger, CRM marine biologists. Mr. Ware will attend one project meetings to discuss
results with the City Harbor Resources Department.
PROJECT TUVIING
CRM can initiate project tasks within two weeks of receiving a contract and an
authorization to proceed from the City of Newport Beach. We expect that field activities
will be conducted over a period of five days and that draft project reports can be
delivered to the City of Newport Beach within three weeks following the completion of
the field surveys.
PROJECT COSTS
A summary of costs associated with proposed tasks and for each option is provided in
Table 1. The total estimated not -to -exceed cost is $15,645.
Pro ject Costs, By Task
Total Mobilization
$
455.00
Total Sidescan Sonar Survey
$
9,150.00
Remote Video and Analysis
$
3,025.00
Diver Ground Truth/Eelgrass Biology
$
3,015.00
Project Total
$ 15,645.00
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412 -9446 (949) 675 -2970 ( fax) email rware.crm@carthkk.net
• •
PROFESSIONAL SERVICES AGREEMENT WITH
COASTAL RESOURCES MANAGEMENT
FOR EELGRASS USRVEYS AND
EELGRASS MITIGATION BANK DEVELOPMENT
THIS AGREEMENT is made and entered into as of this AY day of July, 2006, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City ), and R.
RICHARD WARE DOING BUSINESS AS COASTAL RESOURCES MANAGEMENT
sole proprietorship, whose address is PMB 327, 3334 E. Coast Highway, California, 92625 ( "Consultant "), 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 planning to develop a map of the eelgrass beds and patches in Newport
Harbor for the public to view on the City's website. These maps will provide the
City and the public with important information relative to dock and dredging
projects. The City also plans to develop eelgrass mitigation banks to assist
those property owners who will impact eelgrass during dock or dredging projects.
C. City desires to engage Consultant to conduct underwater eelgrass habitat
surveys in Newport Harbor. The Consultant also proposes to conduct eelgrass
transplants at up to two prospective eelgrass mitigation banking sites in Lower
Newport Bay. ( "Project").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Rick Ware.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of June 2007, unless terminated earlier as set forth
herein.
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2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed in completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each parry hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and suboonsultant fees, shall not
exceed Fifty Thousand Dollars and No /100 ($50,000.00) without prior written
authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly .invoices to City describing the work
perfonned the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the speck task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent,
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
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4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
perfonnance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, `Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated RICK WARE to be
its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of-
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will, be administered by Tom Rossmiller, Harbor Resources
Department, shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his /her, authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of .Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by quailed and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or.be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from and against any and all claims including, without
limitation, claims for bodily injury, death or damage to property, demands,
obligations, damages, actions, causes of action, suits, losses., judgments, fines,
penalties, liabilities, costs and expenses including, without limitation, attorney's
15
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fees, disbursements and court costs of every kind and nature whatsoever which
may arise from or in any manner relate directly or indirectly to any breach of the
terms and conditions of this Agreement, any work performed or services
provided under this Agreement including, without limitation, defects in
workmanship or materials and /or design defects or Consultant's presence or
activities conducted on the Project (including the negligent and /or willful acts,
errors and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. 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 the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the.
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
•
Consultant is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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.
D. Coverage Requirements. Sole propr�cS}�!� 1 �� e 10
i. ers' Compensation Coverage. Consultant shall maintain
Work ' Compensation Insurance and Employer's Liability
Insuranc or his or her employees in accordance with the laws of
the State o lifomia. In addition, Consultant shall require each
subcontractor similarly maintain Workers' Compensation
Insurance and Em yer s Liability Insurance in accordance with
the laws of the State f California for all of the subcontractor's
employees. Any notice f cancellation or non - renews! of all
Workers' Compensation poll s must be received by City at least
thirty (30) calendar days (10 ca dar days written notice of non-
payment of premium) prior to such ange. The insurer shall agree
to waive all rights of subrogation aga t City, its officers, agents,
employees and volunteers for losses an ' g from work performed
by Consultant for City.
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ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant 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 occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly'or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials; employees, agents or volunteers.
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vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint-venture.
16., SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, 'employees, agents and subcontractors, in the course of
implementing this Agreement, shall .become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
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for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged. to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
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City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall. be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and/or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach ' and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
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26. NOTICES
•
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Tom Rossmiller
Harbor Resources Department
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA, 92660
Phone: 949 -644 -3041
Fax: 949 - 723 -0589
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Coastal Resources Management
Rick Ware
PMB 327
3334 E. Coast Highway
Newport Beach, CA, 92625
Phone: 949 -412 -9446
Fax: 949 -675 -2970
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting parry fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non- defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
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28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and "City.
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30. 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.
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
32. 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.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. 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.
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35. 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.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
aron C. Harp,
Assistant Citv Attomev
t_avonne harness,
City Clerk
CITY OF NEWPORT BEACH,
A Mun' ' orpo
By:
Don Webb, Mayor
for the City of Newport Beach
CONS NT:
By:
k Ware
Coastal Resources Management
Attachments: Exhibit A — Scope of Services
Exhibit B Schedule of Billing Rates
F:l userslcat'sharedit\ PRofServiceslCoastalResources.doc
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June 15th, 2006
Mr. Chris Miller
Harbor Department
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658
Proposal to Produce Eelgrass Habitat Maps and Conduct Eelgrass Transplanting for the
City of Newport Beach, CA.
Dear Mr. Miller.
Coastal Resources Management is proposing to conduct underwater eelgrass habitat
surveys in Newport Harbor for the City of Newport Beach Harbor Resources
Department.
The purpose of the investigation is to provide updated, detailed maps of eelgrass
resources within Newport Harbor that can be used as a baseline of eelgrass conditions in
the Newport Bay ecosystem, identify potential eelgrass transplant sites, and conduct
eelgrass transplants into Newport Harbor Eelgrass Mitigation Bank areas.
The mapping project will update the results of surveys conducted by CRM for the City
of Newport Beach in 2003 and 2004, which produced the first bay -wide maps of eelgrass.
We will also be mapping two additional areas of Newport Harbor not mapped during the
2003 -2004 survey -the Linda Isle embayment and the east side of Lido Peninsula.
The .results of the 2003 -2004 surveys in report form and in interactive, public - accessible
map form can be found at:
bttp: / /www6.ci .nMort- beach.ca.us/ website /InteractiveMV/harbormgp.mp.
These maps have provided City resource management personnel and the public with
important information relative to dock and dredging projects. Because of the extreme
rainfall and runoff into Newport Bay during the storms of 2004 -2005, these maps are
now outdated. Consequently, there is a need to update these maps for use by both City
resource managers, and the public who may have to apply for local and state permits to
conduct dredging or dock renovation projects. The location and distribution of eelgrass
is important to document since the City is in the process of preparing the Harbor Area
Management Plan (HAW) which will be used in the long -term management of Newport
Harbor.
Coastal Resouroes Management FM 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email nwme.crm @earthlink.net
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Our total- not -to- exceed cost estimate is $50,000.00. This cost assumes that final GIS
maps will be produced by the City of Newport Beach GIS Department, similar to the
project in 2003 -2004. The CAM team will work directly with the City of Newport Beach
GIS department in producing the maps.
CRM looks forward to working with the City again on this important project. Please give
me a call if you have any questions.
Sincerely,
COASTAL RESOURCES MANAGEMENT
Rick Ware
Principal/Senior Marine Biologist
Coastal Resources Management PMB 327, 3334 E. Coast Highway, Comnadel Moor, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crm@earthlinlcnet
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SCOPE OF WORK
EELGRASS HABITAT MAPPING
Coastal Resources Management will conduct a bay -wide eelgrass (Zostera marina)
mapping project to document the extent and abundance of this seagrass within Newport
Bay between the ocean entrance channel and the De Anza Marsh Peninsula in Upper
Newport Bay.
Field Surveys. Eelgrass vegetation will be mapped using a Global Position System
(GPS) and a team of Coastal Resources Management biologists consisting of a diver and
a surface support biologist. The biologist -diver first will locate the beginning of an
eelgrass bed and mark it with a yellow buoy. The surface support biologist working from
a kayak will then initiate tracking of the biologist diver using GPS technology as he
swims the perimeter of the individual eelgrass bed. Once the diver returns to the
beginning point, the GPS track will be terminated. Eelgrass patches too small to survey
or that are located in difficult areas to obtain a GPS signal (i.e., behind docks/under
piers) will be referenced as a GPS "point" and a size of the eelgrass patch will be
estimated by the diver. The accuracy of the mapping will be approximately one meter
using differential GPS post - processing software from Thales Navigation. This may
decrease however, in back of docks, and in areas where obtaining a GPS signal.
We will also collected information on eelgrass "turion" density, which provides an
indication of habitat cover within the perimeter of the bed. Turions are eelgrass units
consisting of the above - sediment portion of the eelgrass consisting of a single shoot and
"blades" (leaves) that sprout from each shoot (Figure 1). Turion density will estimated
by the SCUBA - diving biologist counting the number of live, green shoots at the
sediment /shoot interface within replicated 0.07 square meter (sq m) quadrats set between
the shallow and deep area of each sampling site. Initial standardization of counting
methods will be conducted to ensure the accuracy of counts between different team
members.
Fourteen areas of Newport Bay will re- sampled for turion density counts. Sixty,
replicate samples will be counted along a transect in shallow, mid, and deep areas of the
eelgrass bed. The data will then summarized for each area using graphical and statistical
methods.
Other background information collected during the survey will include general eelgrass
health, eelgrass blade length and width information„ sedimentary conditions (sand or
silt), water visibility, water depth, and plants and animals observed in the eelgrass beds
during the survey.
Data Analysis. Field data will be downloaded into a laptop computer using Geographic
Information Systems Software ( Thales Mobile Mapping Software, GPS PRO Tracker,
and ARCVIEW. Data files will be transferred to the City of Newport Beach
Coastal Resources Management FMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.erm @earthlinknet
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GIS Division. The GIS Division will then enter this information into their GIS database
for use by both resources mangers, and the public through the Newport Beach public
website.
The horizontal survey datum to be used will be State Plane NAD 33 R, Zone VI. CRM's
team will wort; with the City of Newport Beach to ensure that all datums, formats, and
procedures used during the mapping survey will be compatible with established
protocols of the City of Newport Beach GIS rapping department.
Report Preparation. CRM. will produce a final celgrass mapping study report For
presentation and area calculation purposes, eelgrass mapping "regions" will be
developed, and based on the regions used for the 2003 -2004 CRM eelgrass surveys.
Data obtained during the eelgrass survey will be available for harbor area resource
managers and the public on the Harbor Resoturts Department website. This website
allows the public to view an axial photograph of Newport Bay and the mapped locations
of eelgrass simultaneously. In addition, users can type in a street address to determine if
celgrass beds or smaller patches area are located near or in front of their property. The
full report produced by CRM will be provided to the City of Newport Beach Harbor
Resources Division, as well as the National Marine Fisheries Service and the California
Department of Fish and Game.
Coastal Resources Management PM9 327, 3334 E. Coact Highway, Corona del Mar, CA
(949) 412 - 9446 (949) 675.2970 (fax) email rwamerm@carthlinit.net
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Team Members. The primary survey team will include Mr. Rick Ware (B.S. ZooIogy,
M.A., Biology, CSULB), Mr. Stephen Whitaker (BS. Marine Biology, College of
Charleston, South Carolina, /currently in Masters Program at CSUF); and Mr. Lein
Jenkins (B.S., Biology, James Cook University, Townsville, Queensland, Australia).
These individuals conducted the prior eelgrass habitat mapping project for the City and
have extensive experience conducting eelgrass bed resource surveys and eelgrass
transplants throughout southern California. Mr. Ware will be the principal
investigator /project manager. He has over 28 years of experience conducting marine
biological studies throughout California, and has extensive experience within Newport
Bay.
City of Newport Beach GIS personnel (Mr. Scott Watson and Mr. Ryan Stadlman) will
prepare the final GIS graphics and habitat area calculations based on CRM's field work
similar to the 2003 -2004 eelgrass mapping project Mr. Tom Rossmiller and Mr. Chris
Miller will be CRM's Newport Beach Project Manager, and will provide logistical
support
SCOPE OF WORK
EELGRASS MTITGATION BANK TRANSPLANTS
CRM also proposed to conduct eelgrass transplants at up to two prospective eelgrass
mitigation banking sites in Lower Newport Bay for the Harbor Resources Department.
This program will (1) identify two potential eelgrass mitigation sites in Lower Newport
Bay and (2) conduct eelgrass transplants at each site. The selection of each mitigation
site will be made based upon (1) site selection dive surveys at potential locations in
Lower Newport Bay, and (2) recommendations from both the California Department of
Fish and Game and the National Marine Fisheries Service. Some of the sites that were
initially transplanted during 2003 Army Corps and City of Newport Beach Experiment
Eelgrass Transplants will also be given consideration, since the extremely heavy winter
of 2004 and 2005 likely resulted in high mortality of eelgrass that was transplanted at
each of the six experimental sites.
Transplant Methodology and Techniques. An anchor/bundle technique will be used for
the transplant The donor stock material will be assembled into eelgrass bundle units at a
base location such as the le Street Beach. Eelgrass bundles will then be transported by
vessel and transplanted to the receiver area by divers.
Eelgrass will be replanted at depths between -1 and -6 ft MLLW along a pre - determined
planting grid. The amount of eelgrass to be transplanted, and the amount to be used as
donor material will be determined once the transplant sites are identified, and once it is
determined how much transplant area is available at each site. We estimate however, that
the transplants will cover a minimum of 25 to 50 square meters of habitat at each site. Each
bundle will consist of 10 shoots of eelgrass. Transplants will be conducted on 1 meter (3.28
ft) centers.
Coastal Resources Management PMB "327, 3334 E. Coast ffiighway, Corona del Mat, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rwamcrm@earthlinlr net
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COASTAL RESOURCES MANAGEMENT
FEESCHEDULE
(Effective I January 2006) .
LABOR RATE PER HOUR
SENIOR MARINE BIOLOGIST $105.00
MARINE BIOLOGIST. $75.00
MARINE TECHNICIAN U $55.00
MARINE TECENICIAN'1 $45.00
WORD PROCESSOR $45.00
EQUIPMENT RATE
COST ($)
Automobile mileage
$0.40 per mile
Computer charges
15.00 per hour
Facsimile
2.00 per page
SCUBA equipment
55.00 per day
Dive Insurance Surcharge
100.00 per day
Underwater 35 mm photographic equipment
55.00 per day
Differential GPS Unit
100.00 per day
Digital Cameras
$50.00 per day
Underwater 1/8 sq. meter photo jig
$15.00 per day
Underwater video equipment
$85.00 per day
Video editing services
25.00 per hour
Video tape, 35 mm film and developing
at cost
Photocopy, (in-house)
025 per page
Vessel -13.5 ft inflatable w/ 25 hp engine
200.00 per day
VHF radios
10.00 per day
Transect tapes and quadrats
10.00 per day
Diver - operated box corers (one liter capacity, set of 5 each)
$25.00 per day
Benthic sampling wash down screens/equipment
$10.00 per day
Refractometer
10.00 per day
Soil salinity tester
10.00 per day
LaMotte 2008 turbidity meter
25.00 per day
pH and redox meter
25.00 per day
50 foot beach seine net
25.00 per day
Containers, whirl packs, etc.
at cost
SUBSISTENCE
COST (3)
Lodging/overnight
at cost
Per diem (half day)
40.00
Per diem (full day)
75.00
Note: Charges for outside rental of equipment or services will be re-billed at a cost plus
15% handling fee.
This may include, but is not limited to travel costs, sampling equipment, vessels, aerial photographic
services, reproduction, communications equipment, and outside contractors.
Coastal Resources Management PMB 327,3J34 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crm@earthIink.net
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