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HomeMy WebLinkAboutC-3895 - Little Corona Rockweed Restoration PSA• a C -30%- PROFESSIONAL SERVICES AGREEMENT WITH CSU FULLERTON AUXILIARY SERVICES CORPORATION FOR LITTLE CORONA ROCKWEED RESTORATION THIS AGREEMENT is made and entered into as of this day of 'f0 Pr— 200 by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "Cii "), and CSU FULLERTON AUXILIARY SERVICES CORPORATION, ON BEHALF OF CALIFORNIA STATE UNIVERSITY FULLERTON, a State university, whose address is 800 N. State College, Fullerton, California, '92834-6850 ( "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 protect and, where possible, restore the rocky intertidal areas along Newport Coast. C. City desires to engage Consultant to provide research and field, services to transplant a marine species, rockweed, at two rocky intertidal areas along Newport Coast ( "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 Dr. Jayson Smith. 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, 2008, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. 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 Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule 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 Eighty Five Thousand One Hundred Fifty One Dollars and no1100 ($85,151.00) 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 The City shall make progress payments monthly as the Project work proceeds based on the percentage of Project work completed. The Consultant shall furnish a summary breakdown of the Scope of Services and budget for the Project in a format acceptable to the City, showing the amount included therein for each principal category or task of the Project 2 work, in such detail as reasonably requested, to provide a basis for determining progress payments. All requests for payment shall show the percentage of work completed for each task of the Scope of Services, the position and hours of each person who performed work under that task, a brief description of the services performed under each task, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval by City staff of a request for payment. 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 following Billing Rates: Principal Investigator: $51.00 per hour Graduate Research Assistant: $26.00 per hour Undergraduate Research Assistant: $15.00 per hour 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 Dr. Jayson Smith to be its Project Manager. Consultant shall not remove or reassign the Project Manager or assign any new or replacement personnel to the Project without the R CQ 7 E] 0 • 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. ADMINISTRATION This Agreement will be administered by the Public Works Department. Robert Stein, P.E. 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. 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. 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 or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. 0 0 0 Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are 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 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 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 5 0 0 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's at all times during the term of this Agreement. B. Siunature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. N 0 0 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. 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 employees. Any notice of cancellation 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. E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 7 0 0 i. 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. 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 orjoint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit B. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 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 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 0 • • 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. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 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 invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a W11 • • 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 borne by Consultant. Nothing in this paragraph is intended to limit City's rights under 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. 11 • • 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant 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: Robert Stein, P. E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3322 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Tanya Thompson, Acting Director Sponsored Programs Office 2600 East Nutwood Avenue,.Suite 275 Fullerton, CA 92831 Phone: 714- 278 -4113 Fax: 714 - 278 -1256 28. 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, 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 12 • r information developed or accumulated in the performance of this Agreement, whether in draft or final form. 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. 13 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. 36. 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. 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. APPR VED AS TO FORM: Cw� �^--- Aaron C. Harp, Assistant City Attorney for the City of Newport Beach AT TES y6vnL.M LaVonne Harkless, City Clerk CITY A LAH BEACH, for the City of Newport CONSULTANT: J /% By: �l�i/�f% Z i l — (Corporate Officer) Title: Executive Director Print Name: William M. Dickerson By: —J% (Finarfcial Officer) Title: Director Finance & Administration Print Name: Shou -Yinn (Pearl) Cheng Attachment: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f:\users\pbMshared\agreementsW 06- 07\csf -little corona rockweed.doc 13 EXHIBIT A Newport Coast and Laguna Beach ASBS Protection Program: Experimental Restoration of the rockweed Silveda compressa at Little Corona del Mar October, 2006 Princival Investigators Dr. Jayson R. Smith; Califomia State University, Fullerton Dr. Steven N. Murray; California State University, Fullerton Research Associate: Stephen Whitaker; California State University, Fullerton Funding Requested: January 12007 — December 312008 $80,149 Proiect Summary 1. From existing publications and research, it is known that rockweeds were abundant components of the rocky intertidal zone at Little Corona del Mar (LCM) in the 1950s but have not been present at the site for more than three decades. 2. An experimental restoration effort will be conducted at LCM and two surrounding locations to experimentally test techniques to restore rockweeds (Silvetia compressa) in the upper /middle intertidal zone. 3. Transplants will be conducted at two experimental sites (LCM and Crystal Cove - CC) and at a reference (donor) site located at Cameo Shores (CS). This design will enable evaluation of the restoration techniques (comparisons of results for donor site with LCM and CC) and the suitability of present -day conditions at LCM for rockweeds (comparisons of LCM with CC and CS). 4. Two techniques will be investigated to transplant rockweeds using rockweed sources from CS. These will include: a. Chipping off rock pieces with juvenile rockweeds attached and epoxing the rock into similar habitats at LCM, CC, and CS. b. Out - planting fertile receptacles contained in nylon mesh bags in the intertidal zone at all three sites to serve as sources of germlings seeded by natural reproductive processes. 5. A crossed experimental design will be used to investigate potential factors affecting rockweed populations and transplant success with a combination of two treatments; grazer and canopy presence or absence. Grazers will be excluded with the use of copper -based fouling paint while an artificial canopy will be constructed to mimic an adult Silvetia canopy. 6. Transplant survivability or presence of new recruits will be monitored at all sites and tested among treatments to investigate success of transplant methodology. 0 0 Statement of the problem; In urban southern California, coastal communities are being altered by the combined impacts of urbanization, climate change, and human visitation, a complexity of events that pose severe challenges to coastal managers. Previous research has revealed ecologically significant changes in the distributions and abundances of invertebrate and seaweed populations over the past 25 years, particularly on rocky shores near urban centers (Goodson 2003; Gerrard 2005; Murray et al., unpublished data). This mirrors alterations of rocky intertidal community structure that were reported to have occurred from the 1950s to the 1970s (Widdowson 1971; Thom 1976; Littler 1977. 1978,1979; Littler and Littler 1987). Recent comparative studies carried out in intertidal zones throughout southern California by Murray and colleagues have indicated shifts in macrophytes from large to mid- sized, fleshy, highly productive seaweeds towards a less diverse and less productive seaweed flora represented by small, disturbance - tolerant turf - formers at many sites during the past three decades. At LCM, similar to other southern California locations, investigations have demonstrated extensive changes in the abundances of macrophyte and macroinvertebrate populations during the last five decades. Marked declines were observed in large gastropods, filter- feeding sponges, tunicates, bryozoans, and predatory nudibranchs while small, mobile invertebrates and colonial tubeworms increased in abundance (Goodson 2003; Murray et al. unpublished data). In addition, larger, fleshy seaweeds such as the red alga Gelidium robustum,.G. nidiftca, and G. purpurascens, and the brown algae Egregia menziesii, Colpomenia spp., and Silvetia compressa have declined or are completely absent while smaller, turf - forming species, such as the red seaweeds Lithothrix aspergillum, Corallina pinnatifolia, Caulacanthus ustulatus and crustose algae, such as the brown alga Ralfsia spp., have increased (Goodson 2003; Murray et al. unpublished data). The decline of the rockweed Silvetia compressa (J. Ag.) Seri-lo, Cho, Boo, & Brawley (previously known as Pelveha fastigiata and Pelvetia compressa) is of particular concern; S. compressa is an important species within the rocky intertidal zone as it is highly productive and acts as a microhabitat by providing canopy protection for a large number of intertidal organisms that seek refuge from harsh environmental conditions during low tides (Sapper and Murray 2003). At LCM, E.Y. Dawson (1959) noted that S. compressa was an abundant species in the 1950s. However, during subsequent resurveys of Dawson's sampling locations beginning in the 1970s, S. compressa was notably absent (Nicholson and Cimberg 1971; Thom 1976; Goodson 2003; Murray et al. unpublished data). The reasons for the disappearance of S. compressa at LCM are unknown but are likely related to anthropogenically- induced changes in environmental conditions at the site. Declines in S. compressa and other rockweeds also have been detected at other southern California sites receiving high amounts of human influence. • 0 The goal of this project is to experimentally investigate potential techniques to re- introduce Silvetia compressa into the intertidal zone at LCM where it previously was present. S. compressa is a good candidate for restoration for several reasons. First, as discussed, it is an important microhabitat forming species that provides food and shelter to a diverse community of invertebrates and algae. Successful restoration of this habitat - forming species may eventually lead to an increase in the abundances of other rocky intertidal populations and an increase in species diversity at the site. Second, S. compressa recruits within a small radius ( <1 m) of the adult source population (Williams and Di Piori 1996; Johnson and Brawley'1998; Moeller 2002). Therefore, restoration of S. compressa populations at LCM will most likely result in future local recruitment and population maintenance and increased overall abundance of this key species at the site. This is compared the reproductive patterns of many intertidal species, which are characterized by long - distance dispersal. In these cases, local recruitment is generally not enhanced by local reproductive populations but, instead, new recruits are contributed by source populations far removed from the site. Methodolo Very few studies have been directed at the restoration of S. compressa, or other seaweeds, on temperate rocky coastlines and none to our knowledge in southern California. Therefore, this study is truly experimental in nature and involves a scientific instead of a "shot -gun" approach to restoration. Three rocky intertidal locations will be used in this study: LCM, CC, and a reference (donor) site (CS) which will act as the source of rockweed materials. We propose to test the efficacy of two out - planting techniques under differing conditions. One method will involve the collection of small individual S. compressa plants (1 -2 cm) as well as the rock to which they are adhered. This will be accomplished by chipping off small sections of bedrock which support live, natural recruits at the donor site and then reattaching them at the donor and two recipient sites using marine epoxy. A second technique will be to naturally seed substratum at each site by attaching bags of receptacles (the reproductive portion of S. compressa which contains gametes and eggs) at each of the sites. In this case, the receptacles may provide new germlings into the population through natural fertilization events. Outplanting techniques will be conducted into the two experimental sites as well as at the donor site, which will serve as a methodological control. All methods of transplanting S. compressa juveniles or receptacles will be performed in similar habitat and at comparable tidal heights at each site. Two of the most crucial conditions which could have profound effects on the success of transplants are the presence of grazers and the absence of canopy protection. Grazers may damage or completely remove transplanted juveniles or seeded germlings. Canopy absence may subject new recruits to desiccation stress during long periods without cover in the sun and wind during low tides, and to mechanical disturbance caused 9 0 by wave action during high rides. Furthermore, Silvetia compressa is known to settle 1 -2 times more successfully under the presence of adult algal canopies (Johnson and Brawley 1998). To test the effects of these variables, a crossed experimental design will be executed by employing combinations of grazer and canopy presence and absence treatments. Four treatments are envisioned: Grazers Present Grazer Excluded Canopy Absent Canopy Present Canopy Absent Canopy Present Grazer exclusion will be achieved by surrounding out - planted juveniles and newly recruited germlings with a mixture of epoxy and copper -based anti- fouling paint. Use of copper -based paint has been used frequently in grazer exclusion experiments (e.g. Cubit 1984; Benedetti- Cecchi and Cinelli 1997; Paine 1984, 1992, 2002) as mobile invertebrates such as limpets and chitons tend to avoid and not crawl over copper -laced epoxy. Canopy protection will be afforded artificially, possibly with use of small mop - like structures. For juveniles that are epoxied to the rock, restoration success will be measured through photographic monitoring of the survivability and growth of transplanted juveniles. To measure the success of out - planted receptacles, we will monitor the establishment of new germlings that will likely recruit directly under the receptacle bags. We will then monitor the survival of these germlings over rime. Survivability, growth, and/or recruitment will be compared among treatments and among locations (LCM, CC, and CS). The study is projected to begin in the winter of 2007 to coincide with the natural reproductive season of S. compressa. Monitoring will take place on a regular basis. Six months following the initial renovation effort, we will attempt to determine which techniques appear to be most successful based on preliminary results and report our findings to Weston. From these data, we and Weston can determine whether further out - planting can be conducted at a series of distances from Buck Gully for future measures of tissue toxin content analyses to determine potential impacts of dry- weather runoff. Caveats: It must be appreciated that this restoration effort is an experiment. Although the proposed methodologies are sound and based on a strong understanding of rockweed biology and attempts by other investigators to transplant seaweeds for experimental (not restoration) purposes, there is no guarantee that successful restoration will be achieved at LCM. Nevertheless, the results of this study will be informative to coastal managers and others concerned about declines of important, habitat - forming, intertidal populations and might lead to the design and implementation of future studies to restore disturbed intertidal habitats. r • Schedule of Tasks: Preparation of out - planting techniques, scouting of suitable donor populations, mapping and decision making on locations within sites for renovation — November to December 2006 2007 Out -plant of Silvetia compressa juveniles and receptacles — January to February Monitoring of out - planted materials — January 2007 to June 2008 Report to Weston on preliminary patterns of success of renovation techniques for future tissue analyses — August 2007 Data analyses and draft of report for the City of Newport and the Technical Advisory Committee — July to October 2008 Final report to the City of Newport and the Technical Advisory Committee — October to December 2008 Report Deliverables: • . A brief summary report of patterns observed 6 months following initial restoration efforts will be given to Weston to determine whether further out - planting can be conducted at a series of distances from Buck Gully for future measures of tissue toxin content analyses to determine potential impacts of dry - weather runoff. • A draft pilot restoration report will be written and submitted to the City of Newport and the Technical Advisory Committee for comment and review. ■ A final pilot restoration report will be written and submitted to the City of Newport. Budget Justification: Funds are requested to release PI Smith from 10.0 % of his teaching duties during the first academic year. Benefit rates on funds for PI Smith are calculated at the prescribed CSUF rate of 39.812% for released time. PI Murray will work as a volunteer on this project. Pis Smith and Murray will oversee the execution of the project, interface with Weston and the City of Newport Beach, and prepare the required reports. Funds are requested to support research assistance during each year of the study. Stephen Whitaker will serve as the primary research associate on the project. He will play a lead role in the project and will bear major responsibility for coordinating the fieldwork, supervising other student and volunteer participants, overseeing field data reduction tasks, and carrying out transplant experiments. The RA also will be 9 0 coordinating the study with outside parties, including the City of Newport Beach and the Technical Advisory Committee, the Department of Fish and Game, and interested parties from Laguna Beach and elsewhere. Funds for expendable equipment, supplies and materials are required to perform the specified work. Funds will be used to purchase the usual field and lab supplies for this kind of work including data books, software upgrades (including statistical analysis software), diskettes, rainwear, replacement transect tapes, carrying bags, epoxy cement, marking tools, chisels, screening material, anti- fouling paint, stainless steel bolts and drop anchors, digital camera supplies, etc. A total of $3,000 is budgeted for year one and $1,500 for year two for expendable equipment and supplies. This project will require multiple trips to southern California intertidal sites. Funds are requested to cover travel costs associated with the field elements of this research program and to allow the PIs and Trainee to attend and present research results at a relevant scientific meeting. Travel costs for the two years have been budgeted at $1,200 for year one and $1,000 for year two. The negotiated F &A/IDC rate for California State University, Fullerton, is 39.5 % of MTDC and 22.0 % of MTDC for work performed primarily in the field. Since this project will be carried out extensively in the field, the 22.0 % F&A/IDC rate has been assigned. F &A/IDC amounts to $8,843 in year 1 and $5,610 in year 2 of the project. Literature Cited: Benedetti- Cecchi, L., and F. Cinelli. 1997, Confounding in field experiments: direct and indirect effects of artifacts due to the manipulation of limpets and macroalgae. Journal of Experimental Marine Biology and Ecology. 209: 191 -194. Cubit, J. 1984. Herbivory and the seasonal abundance of algae on a high intertidal rocky shore. Ecology. 65:1904 -1917. Dawson, E.Y. 1959. A primary report on the benthic marine flora of southern California: in Oceanographic survey of the continental shelf area of southern California. Publication of the California State Water Pollution Control Board. 20:169 -264. Gerrard, A. 2005. Changes in rocky intertidal floras along the Palos Verdes peninsula (Los Angeles County) since E.Y. Dawson's surveys in the late 1950s. MS thesis, California State University, Fullerton. 78 pgs. Goodson, J. 2003. Long -term changes in rocky intertidal populations and communities at Little Corona del Mar, California: a synthesis using traditional and non - traditional data. MS thesis, California State University, Fullerton. 71 pgs. 9 Johnson, L.E., and S.H. Brawley. 1998. Dispersal and recruitment of a canopy - forming intertidal alga: the relative roles of propagule availability and post - settlement processes. Oecologia. 117:517 -526. Littler, M.M. 1977. Biological features of rocky intertidal communities near Corona del Mar, California. Report 2.1: in Spatial and temporal variation in the distribution and abundance of rocky intertidal and tidepool biotas in the Southern California Bight. (Littler, M. M., ed.). Bureau of Land Management, U.S. Department of the Interior, Washington, D.C. Littler, M.M. 1978. Variations in the rocky intertidal biota near Corona del Mar, Orange County, California. Report 1.1.2: in The annual and seasonal ecology of southern California subtidal, rocky intertidal and tidepool biotas, Vol. III. (Littler, M. M., ed.). Bureau of Land Management, U.S. Department of the Interior, Washington, D.C. Littler, M.M. 1979. Assessments of the distribution, abundance, and community structure of rocky intertidal organisms at Corona del Mar, Orange County. Report 1.5: in The distribution, abundance and community structure of rocky intertidal and tidepool biotas in the Southern California Bight, Vol. II. (Littler, M. M., ed.). Bureau of Land Management, U.S. Department of the Interior, Washington, D.C. Littler, M.M., and D.S. Littler. 1987. Effects of stochastic processes on rocky - intertidal biotas: an unusual flash flood near Corona del Mar, California. Bulletin of the Southern California Academy of Sciences. 86: 95 -106. Moeller, J.M. 2002. Seasonal and spatial patterns of reproduction and recruitment in a population of the intertidal rockweed Silvetia compressa (Fucales). MS Thesis, California State University, Fullerton. 37 pgs. Nicholson, N.L., and R. L. Cimberg. 1971. The Santa Barbara oil spills of 1969: a post spill survey of the rocky intertidal. Pp. 325 -401: in Biological and oceanographical survey of the Santa Barbara Channel oil spills. (D. Straughan, ed.), Allan Hancock Foundation, University of Southern California, Los Angeles. Paine, R.T. 1984. Ecological determinism in the competition for space. Ecology. 65:1339 -1348. Paine, R.T. 1992. Food -web analysis through field measurement of per capita interaction strength. Nature. 355:73 -75. Paine, R.T. 2002. Trophic control of production in a rocky intertidal community. Science. 296:736 -739. Sapper, S.A., and S.N. Murray. 2003. Variation in structure of the subcanopy assemblage associated with southern California populations of the intertidal rockweed Silvetia compressa (Fucales). Pacific Science. 57:433 -462. J 0 Thom, R.M., and T.B. Widdowson, 1978. A resurvey of E. Yale Dawson's 42 intertidal algal transects on the southern California mainland after 15 years. Bulletin of the Southern California Academy of Sciences. 77:1 -13. Widdowson, T.B. 1971. Changes in the intertidal algal flora of the Los Angeles area since the survey by E. Yale Dawson in 1956 -1959. Bulletin of the Southern California Academy of Sciences. 70:2 -16. Williams, S.L., and R.E. Di Fiori. 1996. Genetic diversity and structure in Pelvetia fastigiata (Pliaeophyta: Fucales): does a small effective neighborhood size explain fine -scale genetic structure? Marine Biology. 126:371 -382. S C7C -"i Experimental Restoration of Rockweed October 10, 2006 ID Task Name Duration Start Finish Predecessors 2 07 2008 2009 Qtr 4 Qtr 1 1 Qtr 2 1 Qtr 3 1 Qtr 4 Qtr 1 1 qtr 2 1 Qtr 3 1 Qtr 4 Qtr 1 1 Preparation of outplanting techue niqs, sccudng and mapping of sites, etc. Negative Declaration ! i Out4lanting effort � . Monitoring of cut - planted material � Report to Weston on preliminary i results of successful restoration .. .. .. ...... Data analyses, Brst draft tc City of Newport Beach and TAC Final report to City of Newport Beach and TAC 66 days 22 days 1 44 days s! 347 days! 0 days .. i....._.... �86 days i _ 50 days Mon 11/06106 .................. I Mon 11120/06! Tue 02106//07 i . ........7 ...... Mon D4/09/07 ! Tue 05/0807 j ; .. Wad-68­166'/661 f „ Mon 12/06/08 Mon 02105/07 _ Tue 12/19/06 Fri 04106107.2,3 ..........:......... . . Tue 08/05 /OS 4 Tue 05Po7/07 _ .. . . _ ��Frl 12/05/06 i 5 Fri 02113109:7 " � <i ?s ♦ 05/o1..' Ad '2 3 4 3 6 7 8 Project: Schedule 101008 Date: Thu 10/12/06 Task Split Progress Milestone •••••••••••••••• Summary ^ Project Summary ^ External Tasks External Milestone Deadline j Page 1 9 0 Exhibit B Sponsor: City of Newport Beach PI: Ja son Smith and Steven Murray Title: Experimental Restoration of the rockweed Silvetia com ressa at Little Corona del Mar Project Period: 01/01/07 - 12/31/08, 2 Year Total Budget Detailed Budget Univers Personnel: S onsor Cost Share Units 1 Steve Murray Release TimelReassin ed Time 8187 24 0% 0% $ Overload 8167 $ 0"/0 0% $ Winter & Summer 8167 $ 0°/U 0% $ 2 Jay Smith Release TimelReassin ed Time 8187 24 0% 0% $ 4,360 Overload 8167 $ 0% 01YO $ Winter & Summer 8167 0% 0% $ 31 i Co PI NAME Release Time/Reassinged Time 8187 24 $ 0% 0% $ Overload 8167 $ 0% 0% $ Winter & Summer 8167 $ 16% 0 °/V $ 41 1 ICO PI NAME Release Time/Reassinqed Time 8187 24 $ 0% 0% $ Overload 8167 $ 0% 0% $ Winter & Summer 8167 $ - 0% 0% $ - 51 1 lCo PI NAME Release Time/Reassin ed Time 8187 24 $ - 0% 0% $ Overload 8167 $ 0% 0% $ Writer & Summer 8167 $ 0% 0% $ Foundation Full Time/Full Benefit Personnel: 61 1 f 8267 $ 0% 00/0 $ 61 1 1 8267 $ 0% 0°k $ Foundation Part Time/Partial Benefit Personnel: 71 1 1 8367 $ 0 °k 0% $ Foundation Part Time /No Benefits Personnel: 81 1 Research Assistants 8167 100% 0% $ 46 000 91 1 8167 $ 0% 0% $ 101 1 8167 $ 0% 0% $ 11 8167 $ 0°/u 0% $ 12 8167 $ 00/4 0% $ SUBTOTAL PERSONNEL $ 50,360 B. FRINGE BENEFITS 8158 - 8166,8170 Rate Factor Universft Personnel: 1 Steve Murray Release TimelReassin ed Time 39.812% 0.39812 $ Overload 1 15.000% 0.15 $ Winter & Summer 15.000% 0.15 $ 2 Ja Smith Release TtLejeassfficied Time 39.812% 0.39812 $ 1,736 Overload 15.000% 0.15 $ Winter & Summer 15.000% 0.15 $ 3 Co PI NAME Release TimelReassin ed Time 39.812% 039812 $ Overload 1 15.000% 0.15 $ Winter & Summer 15.000°/6 0.15 $ 4 Co PI NAME Release TimelReassin ed Time 39.812% 0.39812 $ • .J Overload 1 15.000% 0.15 $ Winter & Summer 116.0w%1 0.15 $ 5 Co PI NAME Release Time/Reassin ed Time 39.812°% 0.39812 $ Overload 1 15.000°/0 0.15 $ Winter & Summer 15.000% 0.15 $ Foundation Full Time/Full Benefit Personnel Add $7,865 per FT osifion 6 0 15% +$7,865 15% +$7865 $ 6 0 15% +$7,865 15% +$7865 $ Foundation Part TimelPartial Benefit Personnel Add $1 728 er PT osifion 7 - 01 1 1 115% +$1,728 15% +$1,728 $ Foundation Part Time /No Benefits Personnel: 81 Research Assistants 15.000% 0.15 $ 6,900 91 01 1 15.0000/0 0.15 $ 10 01 1 15.000% 0.15 $ 11 0 15.0000/0 0.15 $ 12 0 15.000% 0.15 $ SUBTOTAL FRINGE BENEFITS $ 8,636 SUBTOTAL PERSONNEL & FRINGE BENEFITS $ 58,996 C. OTHER PERSONNEL (NON CSU, i.e. Consultant) I j$$/hour hours 1 1 1 8114 $ 0 $ 21 1 1 8114 $ 0 $ 31 1 1 8114 $ 0 $ SUBTOTAL OTHER PERSONNEL $ D. I I SUBCONTRACTS - Weston Solutions 11 1 1 Negative Declaration 8120 $ 4,100 21 1 1 8120 $ 31 1 1 8120 $ SUBTOTAL SUBCONTRACTS $ 4,100 E. PARTICIPANT COSTS $/ participant # partic ants 1 Parficipant Sfipends 8171 $ 0 $ 2 Student/Trainee Tuition and Fees 8174 $ 1 $ 3 Student/Trainee Books & Supplies 8143 $ 0 $ SUBTOTAL PARTICIPANT COSTS $ F. ITRAVEL I $$Ifjip # trips 1 Out-of -State Travel 8173 $ - 0 $ 21n -State Travel 1 8173 $ D $ 2,200 3 International Travel 8176 $ • 0 $ SUBTOTAL TRAVEL $ 2,200 G. EQUIPMENT (Tagged Items) I 1$$Iunit units 1 Permanent Equipment #1 over$5,000 8124 $ 0 $ 2 Expendable Equipmem 8130 $ 0 $ SUBTOTAL EQUIPMENT $ H. OTHER DIRECT COSTS subtotals 1 Materials 1 8143 $ 4,500 2 Office Su lies 8146 $ 3 Em loyee Development 8144 $ 4 Instructional Materials 8133 $ 5 Du Iication/Printin 8123 $ 6 Telephone 8112 1 1$ 7 Repairs and Maintenance 81421 i $ 8 Po a 8212 $ 91 Other Direct Costs 8147 1 $ .J • • Ir SUBTOTAL OTHER DIRECT COSTS I. DIRECT COST $ 69,796 J. MODIFIED TOTAL DIRECT COST (MTDC)' $ 69,796 K. FACILITIES & ADMINISTRATIVE COSTS 22.0% MTDC 8131 Sponsor Rate 0.220 $ 15,355 0% of MTDC 8132 Sponsor Rate 0.000 $ - L. UNRECOVERED F&A COSTS (IDC on CSUF Cost Match and Unrecovered Full IDC)*" 8131 University Rate 0.000 M. TOTAL COST Ir 03-Jan -2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Alllant Insurance Services, Inc. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 600 Montgomery Street POLICIES BELOW. 91h Flow San Francisco, CA 94111 (415) 403-1400 INSURED CSU Fullerton Auxiliary Services Corporation INSURERS AFFORDING COVERAGE 2600 Nutwood Ave., Suite 275 Fullerton, CA 92631 -3599 Please refer to Coverages section below. Attn: Bill Herbert �} THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CovaraaeType linsuri Pdky EeecOveDate I EXPlredenData jUnniftyp. Amount '25,000 EPL Daduetible CSUIRMA Self Insured AGPIP SIR Fund AGPP -M7 -01 owu62006 01J.12007 GaneralUabili - tads0munnice $250000 Auld Liability (Ind. In Gj HrolNmgvretl AUro NKt m PrdiuCanpi. Opmdoiw Ind in CmnMal UaWi and in GL Pradcaa UaNN Unit- $5WOW Hire&NNOM�dAPD UmC WM H r0a5NM0nna} APO Deductible* $} Evercal Nadonallnsuranw Carp ny 71P20000DA031 01Ju&2006 01-Jul-2D(17 General Liability -Each OPaaaae 750 Auto Uabl' Ind. In GL Hrei'NSnamsdaum ma.m Rod dJons and in GL Contractual Uadf Ind in GL Em I P,.cfim WNW UW EPI-Aanreaala Umn Mom $a den u n '$25XDE&ODkLftble li9oxiai msuranw COnPany 71P2000004-061 MJvb w 014u1 -21107 IRr.M&oni"i0na' $I50 Encaas SlRErtorsSOnisdans 7A p In $Mods EXOa;s Uebll WM T070&10n247 01JV &2006 O1Jd -2n07 lGeneai Liabil' -Each OCwnence 1 Wa FOr vid 1 wra CSURMA AOGOMP 05-WEWBl O1Jat2W5 01'X&2007 'PIS, lslila Qseasa -EaM S} 000 Eedl AQW41A S} Disease -Pd' U'mI1 SL500 DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLESIEXCL.USIONS ADDED BY ENDORSEMENTS/SPECIAL PROVISIONS The City, its elected or appointed officers, officials, employees, agents and volunteers are named as additional covered parties as respects the Professional Services Agreement between the City of Newport Beach and the Named Insured for Little Corona Rockweed Restoration. Term of Agreement: Execution - 6130/08. Subrogration rights are waived against City, Its officers, agents, employees and volunteers for losses arising from work performed by the Named Insured for City. This cancels and replaces previously issued certificate. IMPORTANT lflhecedfiwlewfta an ADDrTIONALNEURED,Me PdkY(Imimstbeenn .Aatatxnmtan Mls mt'firale does rpt mnfartlgh6 to Ma cemficare hdderin reu cl avM eMasemarc(sl. DSUBRO&NTIONIS WAIVED, wbjedtome lams and conditions d"pokD, rerlain pokies " nduiman mdman art Astatementon Mk cafi0cab does notaMerdgh[stotlw ceNfiwm in Neu a. DISCLAIMER TM CeIaT¢atedb,amanca ontltistortngoes ertax+sONleaconbad Ceari+een lhaiswirGlnsumr( sl. euMalzm repfesentadvaa pooMa. arku�e ce�6lhatehcldcr.om daesit ffifima§wy« negatively annand eHaq«allereN arremga e0«dedbYOre Pd'ides fined Mason. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach 14645 -=9 EXPIRATION DATETHEREOF. THE ISSUINGCOMPANY WILL MAIL IO DAYS WRITTEN NOTICE Public Works Department TO THE CERTIRCATEHOLDERNAMED TO THE LEFT. 3300 Newport Boulevard - Newport Beach, CA 92663 AUTHORQEU REPRESENTATIVE ,r Attn: Robert Stem, P.E. .*� 0 POLICY NUMBER: 71P2000004 -061 • COMMERCIAL LIABILITY UMBRELLA CU 22 4012 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Effective Date of Change: 11/3012006 Change Endorsement No.: Named Insured: Califomia State University Risk Management Authority The following item(s): ❑ Insured's Name ❑ Policy Number ❑ Effective /Expiration Date ❑ Payment Plan ❑X Additional Interested Parties: ❑ Limits /Exposures ❑ Covered Property /Located Description ❑ Rates is (are) changed to read (See Additional Page(s)): ❑ Insured's Mailing Address ❑ Company ❑ Insured's Legal Status /Business of Insured ❑ Premium Determination ❑ Coverage Forms and Endorsements ❑ Self - Insured Retention ❑ Classification /Class Codes ❑ Underlying Insurance The above amendments result in a change in the premium as follows: ❑ X -NO CHANGES ❑ TO BE ADJUSTED AT AUDIT Endorsement Effective: 11/30/06 Named Insured: California State University Risk Man - nncmwnt GuthnAhi ADDITIONAL PREMIUM RETURN PREMIUM Countersigned By: (Authorized Representative) CU 22 4012 04 © ISO Properties, Inc., 2004 Page 1 of 2 O 0 0 POLICY CHANGES Member: CSU Fullerton Auxiliary Service Corporation Additional Insured: City of Newport Beach (The City, its elected or appointed officers, officials, employees, agents and volunteers) As Respects: Agreement between the City of Newport Beach and the Named Insured for Little Corona Rockweed Restoration Page 2 of 2 © ISO Properties, Inc., 2004 CU 22 40 12 04 11 0 w THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT- SCHEDULED INSURED CONTRACTS This endorsement modifies insurance provided under the following: PUBLIC ENTITIES EXCESS LIABILITY SCHEDULE OF ADDITIONAL INSUREDS ADDITION&LJNSURED INSURED_ CONTRACT CONTRACT DATE City of Newport Beach As respects Agreement between the November 30,.2006 City of Newport Beach and the Named to Insured for LlgleCorona Rockweed July 1, 2007 Restoration 1. The following is added to SECTION IL WHO IS AM INSURER: With respect to any person(s), entlty(les), or prgenizadoh(s) listed In the Schedule above to whom the Named Insured.is obligated by virtue of an' insured contrast" to provide Insurance solely with respectto " bodily Injury" and "property damage ". However, -this insurance for those lamed above'wlit apply only to "bodily Injury' and "property damaoe' required within the terms,of the'insured'contract". 2. The Limits. of Insurance afforded under-this endorsement to such scheduled person(s), entity(ies), or orgenizatlon(s) will be limited to the Limits of Insurance required Within the terms of the "Insured contract" or the Limits of Insurance of this Policy, whichever Is less, and shall be primary and non contributory, In excess of your 'retained limit* shown in the Declarations, to any other similar coverage maintained by the additional insured. We will not be obligated for Limits of Insurance shown in the "insured contract" that are greater than the limits of insurance of this Policy. It is further agreed that the Policy shall not be canceled until at least thirty (30) days after notice of such cancellation has been mailed to the above fisted additional insured(s). In the event that cbvetage is canceled for non - payment of premium, the additional insured(s) will be given ten (10). days written notice. Includes copyrighted material of ISO Properties, Inc., 2004 with Page 1 of 1 its permission. 0 0 Hndorsednntt No. 11 i s This Endorsement forms a part of the Policy to which attached, effective an the inception date of the Policy unless otherwlso stated hareirt. (The following information is requiw only when this Endorsement is issued subsequent to preparation of the Policy). INSURED CALIFORNIA STATE UNIVERSITY RISK MANAGEMENT AUTHORITY (CSURMA) Policy No w- 1285890691 Endorsement Effective JANUARY 1. 2007 (12:01 A.M.) Countersigned (Authorized Representative) by CONTINENTAL CASUALTY COMPANY, one of the CNA Insurance Companies, Chicago, I(lnois . �' 1'ec' 4, n •� i This Policy is changed to p-1hie: PART 9 of the Policy, SUBJOOATION AND SALVAGE, provides the Company with the right to recover "m anyone liable for less, all payments which the Cumpanq made to the Insured. The Company agrees to waive this right only to the extent that the Insured performs work under a wrium contract that nlquim the Insured to obtain this agreenesr, and such eonnset is accepted prior to any loos. It is hereby understood and agreed that this coverage applies solely as respects the agreement entered into by and between the City of Newport Beach and CSU Fullerton AuAlisry Service Cwpoiatio%on behalfof California Stata University Fullerton. This Endorsement will not vary, alter or extend any agreement, provision, condition or declaration of the Policy other than as stated above. WCNA -79 0- 20324- A(9l93) gDRD -PCATE OF LIABILITY F INSURNE..oJ A o'Ns o io PRODUCER THIS GERTIFICATE IS ISSUED AS A MATTER OF INFORMW Custom Risk Services, Inc. ONLY AND CONFERS NO RIOHT4I UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1625 West Cauaeuay Approach ALTER THE COVERAGE AFFORDED BY THE POLNRES BELOW, Mandeville LA 70471 -2954 COMPANIES AFFORDING COVERAGE CDMPA .....- A The army Insurano9 COTr *ny Pnonexo. 983 -�T4 -4900 Pe. Ne 985 -6Td -7555 ~COMPANY California State UYLiversity Risk Management Aotherity (CSORMA), a joint powers authority a .. .. �' �...._.. - CO CANS -. ....� w. COMPANY D 401 Golden Shore, 5th Floor Lon Beach CA 9,0,208 COVERAGES THIS IB TO CERTIFY THATTHS POLICIES OF INSURANDE LISTED BELOWHAVE BEEN NSUEDTO T4MSUREON0M DA8CW FORTHEPOUCY PERIOD INDICATED. NOWnISTANOMOANYREOUBTEMlin. TERM DR CONDRION OF ANY CONTRACTOR OTHER DOCUMENT WV RESPECT TO WATCH THIS CERTINCATEMAY N ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THD POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. _ EXG.UGIONB AND CONDRTOI$Of $UO}IPp1.I4DE8 UNITS SHOLWMW HAVE BEEN REDUCED BY PAID CUUMS. ••• M1 .� _ • __,__�,�.. _ _,,, DO TYPBOPINSURANOE POUOYNUMBFR PCUCY lFFBCTNE POLICY41FlRAYION UMHS LTR DATB(MMtDD1YY1 AATE9JMIDDIYIT DERMAL WURRY BODILYINJURYCCC S GODLY INAIRYAGD� .r f OOMPRGNONSIVE FORM PROPERTY AOEOCC e _ FFAISAIIGGSSpWIX"TIONS E% PLD6SONVDLUPSE HAZARD •PROPERTY DAMAGE ADD 11 .... SIBPOCOMBMWOCC PRODUCT&COMPLETED OPER S m B PD COMBIHAD AGO CONTRACTUAL f PEMW&IWM TRY A e 3 s.•. __...._ IWEPENDENTCOWMACTORS • BROAD FORFIPROAERTl DAtMOE ,•,T � _ 'PEgBONAt INJURY AUTOKOELE •.. LIAutUTY ANYAUTO ALL OWNED AUTOS tPIwatA PmP0 Vp�Ep pg OF V¢�owJnR t BODRY INJURY S 80W. (Pw YOVIY INJUARY f . IDIiarO' Wn 0.trA HIRED AUTOS NOUDNT8. 0AUTOS I _ •-- u PROPERTY OAMnOi_- GBRADE UABILDY -�-. BOOBY NwlNiYB PROPERTY DAMAGE CONS"No EYCEBS UABILITf •UMBRELLA FORM , EACH OCCWNENCIR B AOGIAGATE• i __ _ f OTHERTHANUMDRELIAPORIA WORKENSCOMPENSMIONAND EMFLOYERY UARNIY _ g CL EACH ACCIDENT IS 'THE PROPPeTORI PTt PARTNER§fE%ECIITNE OFFICERSARE mt I BLDIBEASB•POLIOYLBJR S •• ELOIBEASS•SAFIRPIGYEB Is OTHER A Bxcass Work Comp a =A 05 -02 -216 01/01/06 07/01/07 See Bmp Liability page 2 OESCRIPnDN OF OPCIWTON SILQCATgNgqSNVviIlHICLWBPECMt REM Ub tt Newport BtuTawazz.City Of Policy is an 091 to oP£ieecs raaghAt&, a to e®s1and TTO ENiO , i , 4g�a , emrl y CERTIFICATEWMER CAf10El.t,ATiON CITNE -1 3NOULD ANYOF TNq ABOVE OESGRNHiO POLICB'.S BECANeELLHO BEFORE THE City OF Newport Beach E1PI9ATOH CATS THEREOF, THE MSUINO ODNPANV WIM ENDEAVOR TO MAIL Public Works vapartmant Robert Stain, P.E. 3900 Newport Boulevard Newport Beach CA 82663 TO OAY9 YJmTTBN NOTICE TO THS CERTIPICARNOLOER NAMES MTHE LEFT, BUTFAIWRETOMNLBUCHNCMGHSNALIIMPOSOHOO13L1aM1TONORLIAOILIIY o AMO UPCNTNBCONPANY ROACOT/IS OR AePREBEIRATNES• AV 0 B PRESSMT ACORD'Ids.N (TI9Gj .., pACtlRD•CORPDfWT10N 1985 I , • i. NOTEPAD: -- MUREVWMAMS batUfornia'StatO University OPCIDSADl ' '- DhrE 01/09/07 EXCESS INSMMUCE POLICY FOR SELF- IKSORER OF WORXERS COMMIq AX'XON MW EMPLOYERS LIABXLXTX Insured's Retention £ox each accident or each employee for disease: a. For Workers Compensation Insurance!$: 1500,000'I I b. For Employers Liability Insurance;,4$1.500,000 Insurer's Limit of Indemnity For each accident or each employee for disease: a- Tor Workers Compensation Insurance 1$' 500,00011 b. Far Employers Liability Xnsurancai 1$ 1500,0001: Fax #: • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach Date Received: 14-07 Dept. /Contact Received From: Shauna Oyler INSURANCE COMPANY: Everest National Ins. Co. Date Completed: 1 -5 -07 Sent to: Shauna Oyler By: April Walker Company /Person required to have certificate: CSU Fullerton Auxiliary Services Corp. Is Company admitted in California? ® Yes I. GENERAL LIABILITY D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): A. INSURANCE COMPANY: Everest National Ins. Co. What is limits provided? $4,750,000 B. AM BEST RATING (A: VII or greater): A+ XV C. ADMITTED Company (Must be California Admitted): F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Is Company admitted in Califomia? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $4,750,000 G. E. PRODUCTS AND COMPLETED OPERATIONS (Must notification of cancellation by certified mail; per Lauren Farley, the City will accept the include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Everest National Ins. Co. B. AM BEST RATING (A: VII or greater): A +XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? $4,750,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. ❑I. WORKERS' COMPENSATION A. INSURANCE COMPANY: Gray Ins. Co. & Continental Casualty B. AM BEST RATING (A: VII or greater): A -VU & AXV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? ® Yes ❑ No CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C -W Agenda Item No. 10 October 24, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Bob Stein, Principal Civil Engineer 949 -644 -3322 or rstein @city.newport- beach.ca.us SUBJECT: LITTLE CORONA ROCKWEED RESTORATION - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH CAL STATE FULLERTON RECOMMENDATION: Approve a Professional Services Agreement with Cal State Fullerton, of Fullerton, California 92683, for restoration work at Little Corona rocky intertidal areas at a not to exceed price of $85,151 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: Since 2004, The State Water Resources Control Board (SWRCB) has alerted coastal agencies that dry- weather and stormwater discharges into sensitive marine life areas along this stretch of coast, the so called 'Areas of Special Biological Significance' (ASBS), fall under the provisions of the California Ocean Plan which prohibits discharge of pollutants into ASBSs. Therefore, one of the important goals of the City's Newport Coast Watershed Management Program is the protection of ASBSs. Earlier this year, the City was awarded a grant to perform planning studies to protect the ASBSs areas in Orange County (two ASBSs that run the length of Newport Coast ASBS and a third ASBS at Heisler Park in Laguna Beach). One of the grant tasks is to develop strategies for renovating the ASBS rocky intertidal areas and to recommend a Pilot Renovation Experiment at Little Corona to reintroduce a key marine species. To advise the City, staff conferred with experts on ASBSs including Professor Richard Ambrose (UCLA) and Professor Pete Raimondi (UC -Santa Cruz). A technical advisory committee (TAG) was also formed to discuss ways to protect and restore the ASBS along Newport. Coast. TAG members include Professor Steve Murray (Cal State Fullerton [CSF]), Professor Jayson Smith (CSF), Dr. Jack Gregg (California Coastal Commission), Bill Paznokas (California Department of Fish and Game), and Dave Pryor (California Department of Parks and Recreation). Professors Ambrose, Raimondi, and Little Corona ed Restoration — Approval of Professional Se r greement with Cal State Fullerton October 24. 2006 Page 2 Murray are renowned marine biologists and have been conducting marine life studies throughout California. Professor Murray has on -going studies at Little Corona, Crystal Cove and other locations in Orange County. Professor Murray also sits on ASBS advisory committees for the State Water Resources Control Board. The TAC discussed different candidate species for reintroduction into the Little Corona tide pool areas. Rockweed was deemed the best candidate as it provides essential canopy for breeding and habitat for fish and invertebrate species. Rockweed is found at other locations along Newport Coast and is expected to do well at Little Corona given proper attention in the field. Rockweed transplants will also be attempted at Crystal Cove where there has been significant effort to catalog marine life information over the past 15 years. The reintroduction of the mckweed will represent the first known attempt in California to transplant a marine species back into the rocky intertidal area; however, our TAC experts are optimistic the attempt will prove successful. TAC members agree that a successful project will require frequent site visits to monitor the transplants. While the TAC agreed that the expertise for a transplant project could be provided by UC -Santa Cruz or UCLA, the proximity of expert staff from CSF was considered rated as the essential element for executing a successful transplant project. Therefore, the TAC recommends that CSF perform the transplant project. CSF's work plan and field work will be reviewed by the TAC on a regular basis as the project develops. The scope of CSF's research and field services will include: • Literature research • Preparing a Negative Declaration • Collecting and transplanting rockweed (two techniques) at Little Corona and Crystal Cove • Testing crucial conditions by adjusting field conditions to test for the effect of grazers on rockweed and the effect of existing canopy on rockweed transplants • Monitoring the establishment of rockweed germlings .Funding Availability: There are sufficient funds available in the following account for the project: Account Description Account Number Amount Environmental Contributions 7255- C5100889 $85.151.00 Total: $85,151.00 Little Coron #weed Restoration — Approval of Professional Ser�greement with Cal State Fullerton October 24, 2006 Page 3 Environmental Review: A Negative Declaration for this project will be prepared pursuant to the State of California Public Resources Code and the "Guidelines for Implementation of the California Environmental Act ", as amended to date. Prepared by: Submitted by: Bob Stein, P.E. S en G adum Principal Civil Engineer Public W rks Director Attachment: Professional Services Agreement • PROFESSIONAL SERVICES AGREEMENT WITH CALIFORNIA STATE UNIVERSITY, FULLERTON FOR LITTLE CORONA ROCKWEED RESTORATION THIS AGREEMENT is made and entered into as of this _ day of 200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and CAL STATE FULLERTON, a state university, whose address is P.O. Box 6850, Fullerton, California, 928346850 ( "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 protect and, where possible, restore the rocky intertidal areas along Newport Coast. C. City desires to engage Consultant to provide research and field services to transplant a marine species, rockweed, at two rocky intertidal areas along Newport Coast (`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 Dr. Jayson Smith. 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, 2008, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. 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 Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule 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 subconsuitant fees, shall not exceed Eighty Five Thousand One Hundred Fifty One Dollars and no /100 ($85,151.00) 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 The City shall make progress payments monthly as the Project work proceeds based on the percentage of Project work completed. The Consultant shall furnish a summary breakdown of the Scope of Services and budget for the Project in a format acceptable to the City, showing the amount included therein for each principal category or task of the Project work, in such detail as reasonably requested, to provide a basis for determining progress payments. All requests for payment shall show the percentage of work completed for each task of the Scope of Services, the position and hours of each person who performed work under that task, a brief description of the services performed under each task, and a description of any reimbursable expenditures. City shall pay Consultant 04 0 0 no later than thirty (30) days after approval by City staff of a request for payment. 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 following Billing Rates: Principal Investigator: $51.00 per hour Graduate Research Assistant: $26.00 per hour Undergraduate Research Assistant: $15.00 per hour 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 Dr. Jayson Smith to be its Project Manager. Consultant shall not remove or reassign the Project Manager 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. 3 6. 7 9 0 ADMINISTRATION 0 This Agreement will be administered by the Public Works Department. Robert Stein, P.E. 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. 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. 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 or shall obtain all licenses, pen-nits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are 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 4 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 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 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. A 11. COOPERATION E 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'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. Coverage 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 0 0 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 employees. Any notice of cancellation 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. 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. 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 ofdiability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 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. A. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either 0 0 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 City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The suboonsultants authorized by City to perform work on this Project are identified in Exhibit B. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted.out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 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. Im 0 0 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 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. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 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 E 0 0 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 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. 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 borne by Consultant. Nothing in this paragraph is intended to limit City's rights under 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 10 0 0 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 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant 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: Robert Stein, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3322 Fax: 949 -644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Dr. Jayson Smith SLC 246A Department of Biological Science Cal State Fullerton P.O. Box 6850 Fullerton, CA 92834 -6850 Phone: 714 - 278 -4233 Fax: 714 -278 -3426 28. 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 11 • i steps necessary to cure such 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. 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. 0 35. SEVERABILITY. 0 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. 36. 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. 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: X6v�'C.yam' Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk 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: Attachment: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Msers\pbMshareftgreementsVy 06.OTcsf -little corona rockweed.doc 13 • 0 EXHIBIT A Newport Coast and Laguna Beach ASBS Protection Program: Experimental Restoration of the rockweed Silvetia compressa at Little Corona del Mar October, 2006 Principal Investigators Dr. Jayson R. Smith; California State University, Fullerton Dr. Steven N. Murray; California State University, Fullerton Research Associate: Stephen Whitaker; California State University, Fullerton Funding Requested: January 12007 — December 312008 $80,149 Proiect Summary 1. From existing publications and research, it is known that rockweeds were abundant components of the rocky intertidal zone at Little Corona del Mar (LCM) in the 1950s but have not been present at the site for more than three decades. 2. An experimental restoration effort will be conducted at LCM and two surrounding locations to experimentally test techniques to restore rockweeds (Silvetia compressa) in the upper /middle intertidal zone. 3. Transplants will be conducted at two experimental sites (LCM and Crystal Cove - CC) and at a reference (donor) site located at Cameo Shores (CS). This design will enable evaluation of the restoration techniques (comparisons of results for donor site with LCM and CC) and the suitability of present -day conditions at LCM for rockweeds (comparisons of LCM with CC and CS). 4. Two techniques will be investigated to transplant rockweeds using rockweed sources from CS. These will include: a. Chipping off rock pieces with juvenile rockweeds attached and epoxing the rock into similar habitats at LCM, CC, and CS. b. Out - planting fertile receptacles contained in nylon mesh bags in the intertidal zone at all three sites to serve as sources of germlings seeded by natural reproductive processes. 5. A crossed experimental design will be used to investigate potential factors affecting rockweed populations and transplant success with a combination of two treatments; grazer and canopy presence or absence. Grazers will be excluded with the use of copper -based fouling paint while an artificial canopy will be constructed to mimic an adult Silvetia canopy. 6. Transplant survivability or presence of new recruits will be monitored at all sites and tested among treatments to investigate success of transplant methodology. 0 0 Statement of the problem: In urban southern California, coastal communities are being altered by the combined impacts of urbanization, climate change, and human visitation, a complexity of events that pose severe challenges to coastal managers. Previous research has revealed ecologically significant changes in the distributions and abundances of invertebrate and seaweed populations over the past 25 years, particularly on rocky shores near urban centers (Goodson 2003; Gerrard 2005; Murray et al., unpublished data). This mirrors alterations of rocky intertidal community structure that were reported to have occurred from the 1950s to the 1970s (Widdowson 1971; Thom 1976; Littler 1977. 1978,1979; Littler and Littler 1987). Recent comparative studies carried out in intertidal zones throughout southern California by Murray and colleagues have indicated shifts in macrophytes from large to mid - sized, fleshy, highly productive seaweeds towards a less diverse and less productive seaweed flora represented by small, disturbance - tolerant turf - formers at many sites during the past three decades. At LCM, similar to other southern California locations, investigations have demonstrated extensive changes in the abundances of macrophyte and macroinvertebrate populations during the last five decades. Marked declines were observed in large gastropods, filter- feeding sponges, tunicates, bryozoans, and predatory nudibranchs while small, mobile invertebrates and colonial tubeworms increased in abundance (Goodson 2003; Murray et al. unpublished data). In addition, larger, fleshy seaweeds such as the red alga Gelidium robustum, G. nidifica, and G. purpurascens, and the brown algae Egregia menziesii, Colpomenia spp., and Silvetia compressa have declined or are completely absent while smaller, turf - forming species, such as the red seaweeds Lithothrix aspergillum; Corallina pinnatifolia, Caulacanthus ustulatus and crustose algae, such as the brown alga Ralfsia spp., have increased (Goodson 2003; Murray et al. unpublished data). The decline of the rockweed Silvetia compressa (J. Ag.) Serrao, Cho, Boo, & Brawley (previously known as Pelvetia fastigiata and Pelvetia compressa) is of particular concern; S. compressa is an important species within the rocky intertidal zone as it is highly productive and acts as a microhabitat by providing canopy protection for a large number of intertidal organisms that seek refuge from harsh environmental conditions during low tides (Sapper and Murray 2003). At LCM, E.Y. Dawson (1959) noted that S. compressa was an abundant species in the 1950s. However, during subsequent resurveys of Dawson's sampling locations beginning in the 1970s, S. compressa was notably absent (Nicholson and Cimberg 1971; Thom 1976; Goodson 2003; Murray et al. unpublished data). The reasons for the disappearance of S. compressa at LCM are unknown but are likely related to anthropogenically - induced changes in environmental conditions at the site. Declines in S. compressa and other rockweeds also have been detected at other southern California sites receiving high amounts of human influence. The goal of this project is to experimentally investigate potential techniques to re- introduce Silvetia compressa into the intertidal zone at LCM where it previously was present. S. compressa is a good candidate for restoration for several reasons. First, as discussed, it is an important microhabitat forming species that provides food and shelter to a diverse community of invertebrates and algae. Successful restoration of this habitat - forming species may eventually lead to an increase in the abundances of other rocky intertidal populations and an increase in species diversity at the site. Second, S. compressa recruits within a small radius ( <1 m) of the adult source population (Williams and Di Fiori 1996; Johnson and Brawley 1998; Moeller 2002). Therefore, restoration of S. compressa populations at LCM will most likely result in future local recruitment and population maintenance and increased overall abundance of this key species at the site. This is compared the reproductive patterns of many intertidal species, which are characterized by long - distance dispersal. In these cases, local recruitment is generally not enhanced by local reproductive populations but, instead, new recruits are contributed by source populations far removed from the site. Methodolo Very few studies have been directed at the restoration of S. compressa, or other seaweeds, on temperate rocky coastlines and none to our knowledge in southern California. Therefore, this study is truly experimental in nature and involves a scientific instead of a "shot -gun" approach to restoration. Three rocky intertidal locations will be used in this study: LCM, CC, and a reference (donor) site (CS) which will act as the source of rockweed materials. We propose to test the efficacy of two out - planting techniques under differing conditions. One method will involve the collection of small individual S. compressa plants (1 -2 cm) as well as the rock to which they are adhered. This will be accomplished by chipping off small sections of bedrock which support live, natural recruits at the donor site and then reattaching them at the donor and two recipient sites using marine epoxy. A second technique will be to naturally seed substratum at each site by attaching bags of receptacles (the reproductive portion of S. compressa which contains gametes and eggs) at each of the sites. In this case, the receptacles may provide new germlings into the population through natural fertilization events. Outplanting techniques will be conducted into the two experimental sites as well as at the donor site, which will serve as a methodological control. All methods of transplanting S. compressa juveniles or receptacles will be performed in similar habitat and at comparable tidal heights at each site. Two of the most crucial conditions which could have profound effects on the success of transplants are the presence of grazers and the absence of canopy protection. Grazers may damage or completely remove transplanted juveniles or seeded germlings. Canopy absence may subject new recruits to desiccation stress during long periods without cover in the sun and wind during low tides, and to mechanical disturbance caused 0 0 by wave action during high tides. Furthermore, Silveda compressa is known to settle 1 -2 times more successfully under the presence of adult algal canopies (Johnson and Brawley 1998). To test the effects of these variables, a crossed experimental design will be executed by employing combinations of grazer and canopy presence and absence treatments. Four treatments are envisioned: Grazers Present Grazer Excluded Canopy Absent Canopy Present Canopy Absent I Canopy Present Grazer exclusion will be achieved by surrounding out - planted juveniles and newly recruited germlings with a mixture of epoxy and copper -based anti - fouling paint. Use of copper -based paint has been used frequently in grazer exclusion experiments (e.g. Cubit 1984; Benedetti - Cecchi and Cinelli 1997; Paine 1984, 1992, 2002) as mobile invertebrates such as limpets and chitons tend to avoid and not crawl over copper -laced epoxy. Canopy protection will be afforded artificially, possibly with use of small mop - like structures. For juveniles that are epoxied to the rock, restoration success will be measured through photographic monitoring of the survivability and growth of transplanted juveniles. To measure the success of out - planted receptacles, we will monitor the establishment of new germlings that will likely recruit directly under the receptacle bags. We will then monitor the survival of these germlings over time. Survivability, growth, and/or recruitment will be compared among treatments and among locations (LCM, CC, and Cs). The study is projected to begin in the winter of 2007 to coincide with the natural reproductive season of S. compressa. Monitoring will take place on a regular basis. Six months following the initial renovation effort, we will attempt to determine which techniques appear to be most successful based on preliminary results and report our findings to Weston. From these data, we and Weston can determine whether further out - planting can be conducted at a series of distances from Buck Gully for future measures of tissue toxin content analyses to determine potential impacts of dry- weather runoff. Caveats: It must be appreciated that this restoration effort is an experiment. Although the proposed methodologies are sound and based on a strong understanding of rockweed biology and attempts by other investigators to transplant seaweeds for experimental (not restoration) purposes, there is no guarantee that successful restoration will be achieved at LCM. Nevertheless, the results of this study will be informative to coastal managers and others concerned about declines of important, habitat - forming, intertidal populations and might lead to the design and implementation of future studies to restore disturbed intertidal habitats. E Schedule of Tasks: Preparation of out - planting techniques, scouting of suitable donor populations, mapping and decision making on locations within sites for renovation —November to December 2006 KIZIy Out -plant of Silvetia compressa juveniles and receptacles — January to February Monitoring of out - planted materials — January 2007 to June 2008 Report to Weston on preliminary patterns of success of renovation techniques for future tissue analyses — August 2007 Data analyses and draft of report for the City of Newport and the Technical Advisory Committee — July to October 2008 Final report to the City of Newport and the Technical Advisory Committee — October to December 2008 Report Deliverables: • A brief summary report of patterns observed 6 months following initial restoration efforts will be given to Weston to determine whether further out - planting can be conducted at a series of distances from Buck Gully for future measures of tissue toxin content analyses to determine potential impacts of dry- weather runoff. • A draft pilot restoration report will be written and submitted to the City of Newport and the Technical Advisory Committee for comment and review. • A final pilot restoration report will be written and submitted to the City of Newport. Budaet Justification: Funds are requested to release PI Smith from 10.0 % of his teaching duties during the first academic year. Benefit rates on funds for PI Smith are calculated at the prescribed CSUF rate of 39.812% for released time. PI Murray will work as a volunteer on this project. Pls Smith and Murray will oversee the execution of the project, interface with Weston and the City of Newport Beach, and prepare the required reports. Funds are requested to support research assistance during each year of the study. Stephen Whitaker will serve as the primary research associate on the project. He will play a lead role in the project and will bear major responsibility for coordinating the fieldwork, supervising other student and volunteer participants, overseeing field data reduction tasks, and carrying out transplant experiments. The RA also will be s • coordinating the study with outside parties, including the City of Newport Beach and the Technical Advisory Committee, the Department of Fish and Game, and interested parties from Laguna Beach and elsewhere. Funds for expendable equipment, supplies and materials are required to perform the specified work. Funds will be used to purchase the usual field and lab supplies for this kind of work including data books, software upgrades (including statistical analysis software), diskettes, rainwear, replacement transect tapes, carrying bags, epoxy cement, marking tools, chisels, screening material, anti- fouling paint, stainless steel bolts and drop anchors, digital camera supplies, etc. A total of $3,000 is budgeted for year one and $1,500 for year two for expendable equipment and supplies. This project will require multiple trips to southern California intertidal sites. Funds are requested to cover travel costs associated with the field elements of this research program and to allow the PIs and Trainee to attend and present research results at a relevant scientific meeting. Travel costs for the two years have been budgeted at $1,200 for year one and $1,000 for year two. The negotiated F &AIIDC rate for California State University, Fullerton, is 39.5 % of MTDC and 22.0 % of MTDC for work performed primarily in the field. Since this project will be carried out extensively in the field, the 22.0 % F &AJIDC rate has been assigned. F &AADC amounts to $8,843 in year 1 and $5,610 in year 2 of the project. Literature Cited: Benedetti- Cecchi, L., and F. Cinelli. 1997. Confounding in field experiments: direct and indirect effects of artifacts due to the manipulation of limpets and macroalgae. Journal of Experimental Marine Biology and Ecology. 209: 191 -194. Cubit, J. 1984. Herbivory and the seasonal abundance of algae on a high intertidal rocky shore. Ecology. 65:1904 -1917. Dawson, E.Y. 1959. A primary report on the benthic marine flora of southern California: in Oceanographic survey of the continental shelf area of southern California. Publication of the California State Water Pollution Control Board. 20:169 -264. Gerrard, A. 2005. Changes in rocky intertidal floras along the Palos Verdes peninsula (Los Angeles County) since E.Y. Dawson's surveys in the late 1950s. MS thesis, California State University, Fullerton. 78 pgs. Goodson, J. 2003. Long-term changes in rocky intertidal populations and communities at Little Corona del Mar, California: a synthesis using traditional and non - traditional data. MS thesis, California State University, Fullerton. 71 pgs. 0 0 Johnson, L.E., and S.H. Brawley. 1998. Dispersal and recruitment of a canopy - forming intertidal alga: the relative roles of propagule availability and post - settlement processes. Oecologia. 117:517 -526. Littler, M.M. 1977. Biological features of rocky intertidal communities near Corona del Mar, California. Report 2.1: in Spatial and temporal variation in the distribution and abundance of rocky intertidal and tidepool biotas in the Southern California Bight. (Littler, M. M., ed.). Bureau of Land Management, U.S. Department of the Interior, Washington, D.C. Littler, M.M. 1978. Variations in the rocky intertidal biota near Corona del Mar, Orange County, California. Report 1.1.2: in The annual and seasonal ecology of southern California subtidal, rocky intertidal and tidepool biotas, Vol. III. (Littler, M. M., ed.). Bureau of Land Management, U.S. Department of the Interior, Washington, D.C. Littler, M.M. 1979. Assessments of the distribution, abundance, and community structure of rocky intertidal organisms at Corona del Mar, Orange County. Report 1.5: in The distribution, abundance and community structure of rocky intertidal and tidepool biotas in the Southern California Bight, Vol. II. (Littler, M. M., ed.). Bureau of Land Management, U.S. Department of the Interior, Washington, D.C. Littler, M.M., and D.S. Littler. 1987. Effects of stochastic processes on rocky - intertidal biotas: an unusual flash flood near Corona del Mar, California. Bulletin of the Southern California Academy of Sciences. 86: 95 -106. Moeller, J.M. 2002. Seasonal and spatial patterns of reproduction and recruitment in a population of the intertidal rockweed Silvetia compressa (Fucales). MS Thesis, California State University, Fullerton. 37 pgs. Nicholson, N.L., and R. L. Cimberg. 1971. The Santa Barbara oil spills of 1969: a post " spill survey of the rocky intertidal. Pp. 325 -401: in Biological and oceanographical survey of the Santa Barbara Channel oil spills. (D. Straughan, ed.), Allan Hancock Foundation, University of Southern California, Los Angeles. Paine, R.T. 1984. Ecological determinism in the competition for space. Ecology. 65:1339 -1348. Paine, R.T. 1992. Food -web analysis through field measurement of per capita interaction strength. Nature. 355:73 -75. Paine, R.T. 2002. Trophic control of production in a rocky intertidal community. Science. 296:736 -739. Sapper, S.A., and S.N. Murray. 2003. Variation in structure of the subcanopy assemblage associated with southern California populations of the intertidal rockweed Silvetia compressa (Fucales). Pacific Science. 57:433 -462. 0 Thom, R.M., and T.B. Widdowson. 1978. A resurvey of E. Yale Dawson's 42 intertidal algal transects on the southern California mainland after 15 years. Bulletin of the Southern California Academy of Sciences. 77:1 -13. Widdowson, T.B. 1971. Changes in the intertidal algal flora of the Los Angeles area since the survey by E. Yale Dawson in 1956 -1959. Bulletin of the Southern California Academy of Sciences. 70:2 -16. Williams, S.L., and R.E. Di Fiori. 1996. Genetic diversity and structure in Pelvetia fastigiata (Phaeophyta: Fucales): does a small effective neighborhood size explain fine -scale genetic structure? Marine Biology. 126:371 -382. IV S r.� W r-� Experimental Restoration of Rockweed October 10, 2006 ID Task Name Duration Start Finish Predecessors 2007 2008 L 009 Qtr 1 1 Qtr 2 1 Qtr 3 1 Qtr 4 1 Qtr 1 I Qtr 2 1 Qtr 3 1 Qtr 4 Qtr 1 2 . . .. _ ........ Prep—o_ o.utplatl.g _t_ec.hn. ique.s, ...._..:.......____ 66 days . .. _Mo..n . _1 -/--06 --M- n 020-ro -.. ...._.... __._.._.. - scoutl _and ma in...of sites, etc- _........._^9._.._...Pp..9 .............. ........ .... .................---._..__. _ _.._. - - :...:.. 3 Negative Declaration 22 days Mon 11/20/08 Tue 12/19/08 >, . ._ .. .�. Out- plan9ngetfort .._.__..........._._.___.. 44 days _...____.__�___._...___�....__. Tue 02/06/07 _...A_...._... - Frl 0410610712.3 ...____._.. ___._ ; 4 5 Monitoring of out - planted material 347 days Mon 04/09/07 } Tue 08!05106 4 6 Report to Weston on preliminary 0 days • Tue 05/01/07 Tue 05/011071 ♦ 05101 results of successful restoration 7 Date analyses, first draft to City of ,,,,. 88 days Wed 08 /06!08 Fd 12/05!08 ; 5 Newport Beach and TAC ,,, .............. . ._... Final report to City of Newport Beach .,, 50 days Mon 12/08/08 r.... Fri �02h3%09 j .. ..... f. 8 and TAC Milestone ♦ External Tasks Project.• Schedule 101008 ' FSPPM11gress Summary ^ External Milestone Data: Thu 10/12/0fi " " " " " " " "" Project Summary ^ Deadline Page 1 i i Exhibit B Sponsor: City of Newport Beach PI: Jayson Smith and Steven Murray Title: Experimental Restoration of the rockweed Silvetia compressa at Little Corona del Mar Project Period: 01/01/07 - 12/31/08, 2 Year Total Budget Detailed Budget ]Universitv Personnel: ISponsorl Cost Share Units 1 1 Steve Murray Release Time/Reassin ed Time 8187 24 0% 00k $ Overload 8167 $ 0% 0% $ Winter & Summer 8167 $ 0% 00/0 $ 2 Jav Smith Release Time(Reassinged Time 8187 24 0% 00/6 $ 4,360 Overload 8167 $ 0% 0% $ Winter & Summer 8167 00/0 0% $ 3 Co PI NAME Release Time/Reassin ed Time 8187 24 $ 0°% 0Y0 $ Overload 8167 $ 0% 0%.$ Winter & Summer 8167 $ 16% 00/0.$ 41 1 1 Co P1 NAME Release Time/Reassin edTime 8187 24 $ 00/0 00/0 $ Overload 8167 $ 0% 0% $ Winter.& Summer 81671 11 $ 00/0 00/0 $ 51 ICoP(NAME Release Time/Reassin ed Time 8187 24 $ 0% 0% $ Overload 8167 $ 0% 0% $ Winter & Summer 8167 $ 0% 0% $ Foundation Full Time/Full Benefit Personnel: 61 1 1 8267 $ 0% 0% $ 61 1 1 8267 $ 0% 00/0 $ Foundation Part TimelPartial Benefit Personnel: 71 1 1 8367 $ Mal 09/0 $ Foundation Part Trme/No Benefits Personnel: 81 1 1 Research Assistants 8167 100% 0% $ 46.000 91 1 8167 $ 0% 0% $ 101 1 8167 $ 0% 0% $ 11 8167 0% 00/0 $ 121 8167 $ 0% 0% $ SUBTOTAL PERSONNEL $ 50,860 B. IFRINGE BENEFITS 8158. 8166,8170 Rate Factor Univers Personnel: 1 ISteve Murray I Release Time/Reassincled Time 39.812% 0.39812 $ Overload 1 15.000% 0.15 .$ Winter & Summer 15.000% 0.15 $ 21.1ay Smith Release Tlme/Reassin ed Time 39.812% - 0.39812 $ 1,736 Overload 1 15.0000/6 0.15 $ Winter & Summer 15.000% 0.15 $ 3 Co Pt NAME Release Tlme/Reassin ed Time 39.812% 0.39812 $ Overload 1 15.000% 0.15 $ Winter & Summer 15.000% 0.15 $ 4 Co Pt NAME Release Time/Reassin ed Time 39.812% 0.39812 $ • Overload I 15.0000/o 0.15 $ Winter & Summer 15.000%1 0.15 $ 5 Co PI NAME Release Tim e/Reassin ed Time 39.812% 0.39812 $ Overload 15.000% 0.15 $ Winter & Summer 15.000% 0.15 $ Foundation Full Time/Full Benefit Personnel Add $7,865 Der FT position): 6 0 15% + $7,865 15% + $7,865 $ 6 0 15% +$7,865 15% +$7865 $ Foundation Part TlmelPartial Benefit Personnel Add $1,728 per PT sition 7 01 1 1 15% +$1,728 15% +$1.728 $ Foundation Part Time/No Benefits Personnel: 8 Research Assistants 15.000% 0.15 $ 6,900 9 01 15.000% 0.15 $ 10 01 15.000% 0.15 $ - 11 01 15.0000/0 0.15 $ 12 01 1 15.000% 0.15 $ SUBTOTAL FRINGE BENEFITS $ 8,636 SUBTOTAL PERSONNEL & FRINGE BENEFITS 1 $ 68,996 C. OTHER PERSONNEL (NON CSU, I.e. Consultant $$Itwur tours 1 8114 $ 0 $ 2 8114 $ 0 $ 3 8114 $ 0 SUBTOTAL OTHER PERSONNEL $ - D. SUBCONTRACTS - Weston Solutions 1 Neciative Declaration 8120 $ 4,100 21 1 1 8120 $ 31 1 1 8120 $ SUBTOTAL SUBCONTRACTS $ 4,100 E. 1PARTICIPANT COSTS $/ ar ici M # pariicl nts 1 Warticipant Stl nds 8171 $ 0 $ 2 Student/Tratnee Tuition and Fees 8174 $ 1 $ 3 StudentrTrainee Books & Supplies 8143 $ 0 $ SUBTOTAL PARTICIPANT COSTS $ F. ITRAVEL $$/trip # M 1 Out-at-State Travel 8173 $ 0 $ 211n-StateTravell 8173 $ 0 $ 2,200 3 International Travel 8176 $ 0 SUBTOTAL TRAVEL $ 2,200 G. 1EQUIPMENT (Tagged Items ) $$/unit units 1 Wermanent Equipment #1 over $5,000) 8124 $ 0 $ 2 1 Emendable Equipment 8130 $ 1 0 $ SUBTOTAL EQUIPMENT $ H. JOTHER DIRECT COSTS subtotals 1 Materials 1 81431 $ 4,500 2 Office Supplies 8146 $ 31 Employee Development 8144 $ 4 Instructional Materials 8133 $ 5 o 8123 $ 6 T $ 7 and Maintenance 8142 $ 8 =and Posta 8212 $ 9 Other Direct Costs 0 0 SUBTOTAL OTHER DIRECT COSTS $ 4,500 I. DIRECT COST $ 69,796 J. MODIFIED TOTAL DIRECT COST (MTDC)' $ 69,796 K. FACILITIES & ADMINISTRATIVE COSTS 22.0% MTDC 8131 Sponsor Rate 0.220 $ 15,355 0% of MTDC 8132 Sponsor Rate 0.000 $ - L UNRECOVERED F&A COSTS (IDC an CSUF Cost Match and Unrecovered Full IDC)* ' j81311 ersi Rate 0.00D M. TOTAL COST