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HomeMy WebLinkAboutC-5099 - PSA for Eelgrass Habitat Mapping FY12-13AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH COASTAL RESOURCES MANAGEMENT, INC. FOR EELGRASS HABITAT MAPPING FY 12-13 THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One') is made and entered into as of this 17th day of April, 2014 ("Effective Date'), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and COASTAL RESOURCES MANAGEMENT, INC., a California corporation ("Consultant"), whose address is 3334 E. Coast Highway, Corona Del Mar, CA 92625, and is made with reference to the following: RECITALS A. On February 1, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant to perform surveys for Eelgrass Habitat Mapping for FY 12-13 ("Project"). B. City desires to enter into this Amendment No. One to extend reflect additional services not included in the Agreement and increase the total compensation. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Additional Scope of Work to Conduct Sidescan Surveys in West Newport Bay dated March 27, 2014, attached hereto and incorporated herein by reference ("Services" or "Work"). Exhibit A of the Agreement and Exhibit A of Amendment No. One shall collectively be known as "Exhibit A". The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT 2.1 Section 4.1 of the Agreement shall be amended in its entirety and replaced with the following: City shall pay Consult for the Services on a time and expense not -to -exceed basis in accordance with this Section, Exhibit A, and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Fifty -Four Thousand Eight Hundred Ninety -Five Dollars and 281100 ($54,895.28) 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. 2.2 The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Five Thousand Two Hundred Ninety -Four Dollars and 00/100 ($5,294.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Coastal Resources Management, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: - i n 1 4 By:1 � r C Aaron C. Parp City Attorney ATTEST: Date: B �- Y Leilani I. Brown City CI ,gyp,.,_ CITY OF NEWPORT BEACH, a Californ,�'a municipal corporation Date: q®7-2,- / �V /1 By:` David We Public Works Director CONSULTANT: Coastal Resources Management, Inc., a California corporation Date: A By. La'n . Rilk Ware President and Treasurer [END OF SIGNATURES] Attachments: Exhibit A - Additional Scope of Work to Conduct Sidescan Surveys in West Newport Bay, dated 3/27/14 Exhibit B -- Schedule of Billing Rates Coastal Resources Management, Inc. Page 3 EXHIBIT A SCOPE OF SERVICES Coastal Resources Management, Inc. Page A-1 0 March 27th, 2014 To: Chris Miller, City of Newport Beach Harbor Resources Department From: Rick Ware, Coastal Resources Management, Inc. Re: Additional Scope of Work to Conduct Sidescan Surveys in West Newport Bay Dear Chris: Based upon our conversations, the City of Newport Beach would like to conduct additional eelgrass surveys in areas that were not part of CRM's original Newport Bay Eelgrass Mapping Contract for 2013. The areas that the City would like to have surveyed include: Task 1: Proposed Cost: $4,794.00 • West Newport Bay located west of the Newport Blvd Bridge; • Upper Newport Bay -Dover Shores; • Upper Newport Bay -Newport Dunes Marina; and Task 2: Proposed Cost: $500.00 • Upper Newport Bay-DeAnzaBayside Peninsula We propose to conduct sidescan/downlooking sonar surveys in the open water areas located within Task 1 regions to provide additional information as to the presence or absence of eelgrass within these areas. These areas were not surveyed in conjunction with prior Newport Bay, bay wide surveys. If the results of the surveys indicate that eelgrass is present, CRM will verify the presence of eelgrass by using remote video or divers/snorkelers. The Task 2 survey region (DeAnzaBayside Peninsula) can be resurveyed at a minimal cost. This region has the most eelgrass in the Upper Bay, and it's inclusion in the update provides a valuable update to the bay wide eelgrass surveys, conducted during summer 2013. We will, if feasible, operate both of our surveys vessels simultaneously to collect the data on the same survey days. The results of our surveys will be forwarded to the City within two weeks of the completion of the survey. The results of all of these surveys will be included in the 2013 bay wide eelgrass survey report being prepared by CRM for the City. The total not -to -exceed cost for this work is $5,294.00. I have provided our billing rates for this project in Exhibit 1 which will be the same as for our current contract to conduct bay wide surveys for the City. Feel free to contact me if you have any questions. Sincerely, COASTAL RESOURCES MANAGEMENT, INC. President/Senior Marine Biologist Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 Office (949) 412-9446; Fax (949) 675-2970; email rware.crm@earthlink.net EXHIBIT B SCHEDULE OF BILLING RATES Coastal Resources Management, Inc. Page B-1 END Exhibit 1. COASTAL RESOURCES MANAGEMENT, INC. NEWPORT BAY EELGRASS MAPPING FEE SCHEDULE LABOR RATE PER HOUR SENIOR MARINE BIOLOGIST $85.00 MARINE BIOLOGIST $75.00 MARINE TECHNICIAN II $55.00 MARINE TECHNICIAN 1 $35.00 WORD PROCESSOR $45.00 EQUIPMENT RATE COST ($) Automobile mileage $0.528 per mile Computer charges 15.00 per hour Facsimile 2.00 per page SCUBA equipment 35.00 per day SCUBA tank refills 15.00 per tank Dive Insurance Surcharge 100.00 per day Underwater 35 mm photographic equipment 55.00 per day Differential GPS Unit 35.00 per day Digital Cameras $50.00 per day Underwater 1/8 sq. meter photo jig $15.00 per day Underwater video equipment $85.00 per day Video/Digital editing services 25.00 per hour Photocopy (in-house) 0.25 per page Vessel -13.5 ft inflatable w/ 9 hp engine and Kayak 150.00 per day VHF radios 10.00 per day Transect tapes and quadrats 10.00 per day Diver -operated box corers (one liter capacity, set of 5 each) $25.00 per day Benthic sampling wash down screens/equipment $10.00 per day Refractometer 10.00 per day Soil salinity tester 10.00 per day LaMotte 2020we turbidity meter 25.00 per day pH and redox meter 25.00 per day 50 foot beach seine net 25.00 per day Containers, whirl packs, etc. at cost SUBSISTENCE COST ($) Lodging/overnight at cost Per diem (half day) 40.00 Per diem (full day) 75.00 Note: Charges for outside rental of equipment or services will be re -billed at a cost plus 15% handling fee. This may include, but is not limited to travel costs, sampling equipment, vessels, aerial photographic services, reproduction, communications equipment, and outside contractors. Invoices are due and payable upon presentation. Accounts more than 30 days past due may be subject to interest charges at the rate of 1.5% per month on the unpaid balance. Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA (949) 412-9446 (949) 675-2970 (fax) email rware.crtn@earthlink.net � PROFESSIONAL SERVICES AGREEMENT 0 WITH COASTAL RESOURCES MANAGEMENT, INC. FOR ti EELGRASS HABITAT MAPPING FY12-13 v THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into as of this (5t, day of .Pe r6v-u 4t3 ("Effective Date") by and between the CITY OF NEWPORT BEACH, a Califomia Municipal Corporation ("City"), and COASTAL RESOURCES MANAGEMENT, INC., a California corporation ("Consultant'), whose address is 3334 E. Coast Highway, Corona del Mar, California 92625 and is made with reference to the following: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to perform surveys for Eeigrass Habitat Mapping FY12-13 ("Project"), C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. The principal member of Consultant for purposes of Project shall be Rick Ware. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2014 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) 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. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates or Progress Payments Schedule 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 Forty -Nine Thousand, Six Hundred One Dollars and 28 1100 ($49,601.2$) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. COASTAL RESOURCES MANAGEMENT, INC. Page 2 Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Rick Ware to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to the City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department, Chris Miller, Harbor Resources Manager or his/her designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. Eomm&AU iTTZRK41001-3 ZI 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 the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that COASTAL. RESOURCES MANAGEMENT, INC. Page 3 the Work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9.1 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 breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials 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). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence 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. No civil service status or other right of employment shall accrue to Contractor or its COASTAL_ RESOURCES MANAGEMENT, INC. Page 4 employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator 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 or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or 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. COASTAL RESOURCES MANAGEMENT, INC. Page 5 The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (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. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 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 expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for COASTAL RESOURCES MANAGEMENT, INC. Page 6 infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 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. COASTAL RESOURCES MANAGEMENT, INC. Page 7 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Chris Miller, Harbor Resources Manager Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644-3043 Fax: (949) 723-0589 26.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Rick Ware COASTAL RESOURCES MANAGEMENT, INC. 3334 E. Coast Highway Corona del Mar, CA 92625 Phone: (949) 412-9446 Fax: (949) 675-2970 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). COASTAL RESOURCES MANAGEMENT, INC. Page 8 043IIIIIIIIIIIIIIIIIAZZ111ITTIV090 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. STANDARD PROVISIONS 29.1 Compliance with all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.2 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. 29.3 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. 29A 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. 29.5 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. COASTAL RESOURCES MANAGEMENT, INC. Page 9 29.6 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. 29.7 Severability, If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.8 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.9 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, age or any other impermissible basis under law. 29.10 No Attorney's Fees, In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] COASTAL RESOURCES MANAGEMENT, INC. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: �r Aaron . arp City Attorney WA ATTEST: I Date: By: Nv�� Leilani I. Brown City Cle Pr-%� O � T CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Dave Webb Public Works Director CONSULTANT: COASTAL RESOURCES MANAGEMENT, INC/, a California cor Dai By. - F President & [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Treasurer COASTAL RESOURCES MANAGEMENT, INC. Page 11 EXHIBIT A SCOPE OF SERVICES [Contractor Firm Name] Page A-1 SCOPE OF WORK EELGRASS HABITAT MAPPING Coastal Resources Management, Inc. (CRM) proposes to conduct a bay -wide eelgrass (Zostera marina) mapping project to document the extent and abundance of this seagrass within Newport Bay between the ocean entrance channel and the De Anza Marsh Peninsula in Upper Newport Bay. Field Surveys. Eelgrass vegetation will be mapped using a Global Position System (GPS) and a team of CRM biologists consisting of a diver and a surface support biologist. First, the diving -biologist swims underwater transects within an area to locate eelgrass. Once the eelgrass bed is located, the diver -biologist marks the beginning of the eelgrass with a yellow buoy. The surface support biologist working from a kayak then initiates tracking of the biologist diver using GPS technology as he swims the perimeter of the individual eelgrass bed. Once the diver returns to the beginning point, the GPS track is terminated. The resulting data is a GIS polygon of the eelgrass bed. Eelgrass patches less 3 square meters in size are referenced as a GPS "point". The accuracy of the mapping will be approximately one meter using differential Magellan GPS post- processing software. We will also collected information on eelgrass "turion" density, which provides an indication of eelgrass vegetation within the perimeter of the bed. Turions are eelgrass units consisting of the above -sediment portion of the eelgrass consisting of a single shoot and "blades" (leaves) that sprout from each shoot (Figure 1). Turion density will estimated at fourteen sites by the SCUBA -diving biologist counting the number of live, green shoots at the sediment/shoot interface within replicated 0.07 square meter (sq m) quadrats. Thirty replicate counts will be made at each site with shallow, mid, and deep portions of the eelgrass bed. Other background information collected during the survey will include general eelgrass health, eelgrass blade lengths and widths, sedimentary conditions (sand or silt), water visibility, water depth, and plants and animals observed in the eelgrass beds during the survey. Data Analysis. Field data will be downloaded into a laptop computer using Geographic Information Systems Software (Magellan Mobile Mapping Software, GPS PRO Tracker, and ArcGIS 10.0. Upon completion of the survey, CRM will transfer the resulting eelgrass GIS data files to the City of Newport Beach GIS Division. The GIS Division will then enter this information into the City's GIS database and provide CRM with the results for each of the 17 identified regions. These data will then be used by CRM to prepare the final project report. Eelgrass turion density will be analyzed by station, with a comparative analysis between stations and for all surveys (4). Summary statistics for each station will include mean, median, standard deviation, number of samples and minimum and maximum values. Where appropriate, statistical analysis will be employed to identify significant relationships between sampling sites and years. Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, CA (949) 412-9446 (949) 675-2970 (fax) email rware.crm@earthlink.net Figure 1. Parts of an Eelgrass Plant. One shoot and associated blades on a shoot make up an eelgrass "turion" unit. The horizontal survey datum to be used will be NAD 83, State Plane California VI, FIPS 0406 (feet). CRM's team will work with the City of Newport Beach to ensure that all datums, formats, and procedures used during the mapping survey will be compatible with established protocols of the City of Newport Beach GIS mapping department. Report Prenaration. CRM will produce a final eelgrass mapping studies report. For presentation and area calculation purposes, as well as consistency with previous CRM studies, the data will be sectioned into 17 eelgrass mapping "regions" (Figure 2). Comparisons with previous years as well as between regions will be made using tabular and graphic formats. Secondly, the information will be presented relative to established "Eelgrass Zones" based upon eelgrass abundance data collected since 2003 ("Stable Eelgrass Zone, Transitional Eelgrass Zone and Unvegetated Zone"). Hierarchical clustering analysis will also be used to visually present the data. This technique clusters sites together, based on the similar biological attribute values (i.e., eelgrass areal cover and eelgrass turion density) and/or oceanographic attributes (i.e., light levels, dissolved oxygen, temperature, salinity, and depth). Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, CA (949) 412-9446 (949) 675-2970 (fax) email rware.erm@earthlink.net Fy AFsdG T 4Y t'vM `gv ry"�h3!Yis` Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, CA (949) 412-9446 (949) 675-2970 (fax) email rware.crm@earthlink.net Pk Data obtained during the eelgrass survey will be available for City managers and the public on the Harbor Resources Department website. This website allows the public to view an aerial photograph of Newport Bay and the mapped locations of eelgrass for all years when the surveys have been conducted. In addition, users can type in a street address to determine if eelgrass beds or smaller patches area are located near or in front of their property. Deliverables Field ,Survevs. The eelgrass habitat mapping field surveys are expected to take about nine months to complete; about 34 linear miles of bay bottom habitat at depths between the low tide zone and a depth of -10 ft MLLW need to be surveyed. On-line Eelgrass IMbitat Map. CRM will provide the eelgrass field survey GIS tiles to the City GIS Department for integration into the City database and to provide CRM with final acreage calculations. CRM will submit the draft GIS files to the City within 30 days following the completion of the last segment of the eelgrass dive survey. The City will then post the results of the 4`s Newport Bay Eelgrass Habitat Mapping Survey on the public -accessible website. Final Proiect Report. CRM will produce and deliver the final eelgrass mapping analysis report to the City of Newport Beach Harbor Resources Division 90 days following the receipt of the final eelgrass map GIS files and acreage calculations from the CNB GIS Department. Prolect Updates and Invoices. CRM will provide monthly project status updates and monthly invoices to the Harbor Resources Manager. Team Members. The primary survey team will include Mr. Rick Ware (B.S. Zoology, M.A., Biology, CSULB); Mr. Stephen Whitaker (B.S, Marine Biology, College of Charleston, South Carolina, Masters of Biology CSU Fullerton); Mr. Mike Anghera (B.S. Marine Biology, UC Santa Barbara; Dive Safety Officer with UCLA and CSU San Diego; Mr. Tom Gerhnger (B.S. Biology, Ohio State University, M.A. Biology CSULB); and Miss Robin Kohler, Marine Technician, CRM. These individuals have conducted prior CRM eelgrass habitat mapping surveys for the City and have extensive experience conducting eelgrass bed resource surveys throughout southern California. Mr. Ware will be the principal investigator/project manager. He has 34 years of experience conducting marine biological studies throughout California, with extensive experience in Newport Bay. City of Newport Beach GIS personnel (Mr. Scott Watson and Mr. Ryan Stadhnan) will prepare the City GIS graphics and eelgrass area habitat area calculations based on CRM's field work, similar to previous years. Mr. Chris Miller, CNB Harbor Resources Department Manager will be CRM's Newport Beach Project Manager. Coastal Resources Management PMIS 327, 3334 E. Coast Highway, Corona dei Mar, CA (949) 412-9446 (949) 675-2170 (fax) email rware.crm@earthlink.net EXHIBIT B SCHEDULE OF BILLING RATES COASTAL RESOURCES MANAGEMENT, INC. Page B-9 Exhibit 1. Eelgrass Mapping Studies Costs TASK 1: DIVER/DGPS SURVEYS Labor Hours Rate Labor Subtotal Task Cost Senior Marine Biologist 125 $85 $10,62500 Marine Biologist 140 $75 $10,500.00 Marine Biologist 280 $35 $9,800.00 Total 545 Hrs $30,925.00 Direct Charges Phone/Fax $100.00 SCUBA Tank Rental/Fill Charge $2,100.00 Dive Equipment Charges i sets, 35 days, $35/day) $1,925.00 Vessel (two vessels, $150/day 35 field days) $5,250.00 Differential GPS (35 field days) $1,750.00 Launch Fees (6 days @ $20.00/day) $120.00 Mileage (40mi, 35 days @$0.528 /mi) $739.20 Subtotal Directs $11,984.20 15% Fee on Outside Directs $458.88 Total Task $43.368.08 TASK 2: GIS DATA INTEGRATION AND REPORT Labor Hours Rate Total Subtotal Task Cost Senior Marine Biologist 60 $85 $5,100.00 Marine Biologist $0.00 Total 60 Hrs $5,100.00 Direct Charges Graphics/Photos $100.00 Subtotal Directs $100.00 Total Task 2 $5.200.00 TASK 3: MANAGEMENT/MEETINGS Labor Hours Rate Total Task Cost Senior Marine Biologist 12 $85 $1,020.00 Marine Biologist 0 $35 $0.00 Total 12 Hrs $1,020.00 Direct Charges Mileage (25 not @ $0.528/mi) $13,20 Subtotal Directs $13.20 Total Task 3 S1,033.20 TOTAL PROPOSED COSTS $49,601.28 Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, CA (949) 412-9446 (949) 675-2970 (fax) email rware.crm@earthlink.net Exhibit 2. COASTAL RESOURCES MANAGEMENT, INC. NEWPORT BAY EELGRASS MAPPING FEE SCHEDULE (Effective 1 January 2012) LABOR RATE PER HOUR SENIOR MARINE BIOLOGIST $85.00 MARINE BIOLOGIST $75.00 MARINE TECHNICIAN II $55.00 MARINE TECHNICIAN 1 $35.00 WORD PROCESSOR $45.00 EQUIPMENT RATE COST ($) Automobile mileage $0.528 per mile Computer charges 15.00 per hour Facsimile 2.00 per page SCUBA equipment 35.00 per day SCUBA tank refills 15.00 per tank Dive Insurance Surcharge 100.00 per day Underwater 35 mm photographic equipment 55.00 per day Differential GPS Unit 35.00 per day Digital Cameras $50.00 per day Underwater 1/8 sq. meter photo jig $15.00 per day Underwater video equipment $85.00 per day Video/Digital editing services 25.00 per hour Photocopy (in-house) 0.25 per page Vessel -13.5 ft inflatable w/ 9 hp engine and Kayak 150.00 per day VHF radios 10.00 per day Transect tapes and quadrats 10.00 per day Diver -operated box corers (one liter capacity, set of 5 each) $25.00 per day Benthic sampling wash down screens/equipment $10.00 per day Refractometer 10.00 per day Soil salinity tester 10.00 per day LaMotte 2020we turbidity meter 25.00 per day PH and redox meter 25.00 per day 50 foot beach seine net 25.00 per day Containers, whirl packs, etc. at cost SUBSISTENCE COST ($) Lodging/overnight at cost Per diem (half day) 40.00 Per diem (full day) 75.00 Note: Charges for outside rental of equipment or services will be re -billed at a cost plus 15% handling fee. This may include, but is not limited to travel costs, sampling equipment, vessels, aerial photographic services, reproduction, communications equipment, and outside contractors. Invoices are due and payable upon presentation. Accounts more than 30 days past due may be subject to interest charges at the rate of 1.5% per month on the unpaid balance. Coastal Resources Management PMB 327, 3334 E. Coast Highway, Corona del Mar, CA (949) 412-9446 (949) 675-2970 (fax) email rware.crm@earthlink.net 5NNTU M? 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. `1 3 Coverage Requirements. �p j f/ 1.3.1 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code, 1.3.1.1 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of 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 each accident. COASTAL RESOURCES MANAGEMENT, INC. Page C-1 1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsuitants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of COASTAL RESOURCES MANAGEMENT, INC. Page C-2 such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.5 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5.7 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. COASTAL RESOURCES MANAGEMENT, INC. Page C-3 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 1/18/13 Dept./Contact Received From: Tania Date Completed: 1/22/13 Sent to: Tania By: Renee Company/Person required to have certificate: Coastal Resources Management, Inc. m Type of contract: All Other L GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: American Safety Indemnity Company B. AM BEST RATING (A-: VII or greater): A; IX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? © Yes ® No D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000 / $2,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes E] No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes © No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No t. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes © No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes © No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4/15/12 to 4/15/13 A. INSURANCE COMPANY: American Safety Indemnity Co B. AM BEST RATING (A-: VII or greater) A IX C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes [] No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: Signed WC Exemption Received 1/30/13 _ A. INSURANCE COMPANY: B. AM BEST RATING (A-: VII or greater): C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV, PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK Approved: 1/30/13 Agent of Alliant Insurance Services Broker of record for the City of Newport Beach ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ER N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A 0 Yes ❑ No Reason for Risk Management approvallexception/waiver: General Liab & Auto Liab Carrier is Non -Admitted Need Risk Management Approval. 1/22/13 Sheri Anderson approves Non -Admitted status. Risk Management * Subject to the terms of the contract. Date Jan 16 13 12:49p HERITAGE WEST INSURANCE yeti-4rta-9U46 p.1 CERTIFICATE OF LIABILITY INSURANCE:r1"5w/ a PRODIKER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HERITAGE WEST INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2365 El Camino Ave Sta G HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento, CA 95821 (916) 488-9945 INSURERS AFFORDING COVERAGE NAICII COASTAL RESOTTRCES MANAGEMENT INC PVS 327 3334 EAST COAST HIGHWAY CORONA DEL MAR CA 92625 E. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAND 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 RE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJ£OT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE OMITS SHOWN MAY RAVEBEEN REDUCED SY PAID CLAMS. ofth LTR am PEOF MSURANOE PoucYwrePx ? VeFfVnry MIEN PouGYEUPwATroN CAMFUMAMPM umn GENERu uAEtnY eACH occuruExDE 4 1,000,000 X 4 100,000 ❑X =ua r(E6Em(MrxAap�aP) 4 5,000 A T ENV016184 12 06 4/15/12 4/15/13 PEREDw,t{AwixuuRr { 1,000,000 muaul. AGGREGATE 4 2,000,000 PROPJOB4OOWfOPAGO i '2,000,000 CENLA®6RLPATE LMRMPNW PEIt X POLICY g� LOC ' Aurm>oRREumE !cD.a�meoaxGtEUNrr { 1,000,000 MYAWO i �a aCRe� �EODLYRlluw AL.CMNEDAUtA4 SCNB)tLL®AUri}3 I Wm'PaAW { A R twexAvroG ENV016184 12 06 4/15/12 4/15/13 EOOLYRULW 4 .Ti ROx�ECAUTCm rpa.W.m PROPERTY M GE 4 fP..= w GARAGE tJAB;tRY AUm ONLY-EAAxIDENr {.. OTf?ERTHAN EAACC 4 ' AVO AtROONLY: AGG 4 EXc%euY4RaLA LtAPYIm EACJf ODCURPPNCE 4 A GFSQAT 6 O=UR CUWBNACE i { CEUIrt Kff 4 a�IFMION S MAnIffASCONPF1N30.TlpiAND WG 6TATU-O ER iORYLRAITS ER I @APlUYFA4 tw6R.Tr1' ANYPROPR RIPMRdERRAECVINE EL EACH ADCIOENi S EL OISF.ASE-E4 EMPLOVFE E FW NENEER EMiUaiO9 4yestbscAhemdeF fl ' 6PECIALPROVSION6 %Imv EI OISFASEPOUCY LpAR P °TNS $1,000,000 PER OCC A PROFESSIONAL ISNV0161ed $2,000,000 PER AGGR LIABILITY 12 06 4/15/12 4/15/13 ClAn4S. MADE � �SCRPiIONOFOPE(+ATgM1t43LOCATiONSI RFItCLEBI IXCLV�CNSACVEDEYENDIXt8EL1Bi!'JSPEGIALPROVI6lON6 ENVIRONMENTAL CONSULTING. PUBIaIC WORKS DEPT SHOttD OF THE ABO4EDE8MWOPOUCff OANCELLE06 ETHEE%PIRAMCN CITY OF NEWPORT BEACH DTE T EOF.' E HUNG RIGLRER wMt OEMfigfb MM 30 MYS "Fnm 3300 NEWPORT BLVD ewnDETa TLiE CERRPMATE IwwER NANEO TOTNE LErr.0FAWipi t6W' W' h`kyA NEWPORT BEACH CA 92663 ATTN: TAN'IA. MOORE FAX: 949 644 3318 nvR OR 2EO REPREE TA rvE ACORD25(2001/00) N 16 13 12:50P HERITAOL Vvt' kiV�lVlv'•1.v.� 1 i i i poUCyNUMWR, j FNVOI6184. 12 06 -^- CITY APPO AND THIS INSMANGE; i a aenderowfalwAbw CH, ITS ELECTED OR , EWLOYEES, AGENTS PRIMARY AND NON-CONTRIBUTING Jan 16 13 12:49p HERITAGE WEST INSURANCE: �nb-4bd-!JV46 p.z CG 24 - 16 93 THIS ETWORSWENTTHE POIXT. PLEASE PEAD rr CAWOULLY. WAIVER TRANSFER RECOVERY Name of Person or Orgtntitation: Any Person= orgeniztionor p3ojeCt with whom the named utstued executes a written conhaet prior to the start ofa project and which is Shown on a oertifigto of intoe Issued by our authorized representative (if no entry appears above, infomsatlon required to complete this endorsement will be shown In the Declarations as applicable to this endorsement-) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may he" against the person or organization shown in the Schedule above because of payments we matte for injunr or damage 86sl9 out of your ongoing operations or'your work" done under a contract with that person or organization and included in the "products-compla6ad opersfions hazat(r. 11118 waiver applies only to the person or organization sho# in the Schedule above. CG 24 0410 93 Copyr9ghL Insurance Services Office, Ina, 9592 Page 9 of t CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California. C oronExecrated on this day of U P , 20-L3-,, at 'tcle` McAr Cali ornia. ?,4:�6q4 R. WgPe CC S LAO f) [Add onsultant's name and tle] J) P -- fausers1pbvAsharedtagreementslmaster temp(ateMwaiver-we exempt.doo PROFESSIONAL SERVICES AGREEMENT WITH COASTAL RESOURCES MANAGEMENT, INC. FOR EELGRASS HABITAT MAPPING THIS AGREEMENT FOR PROFESNA SERVICES („Agreement") is made and entered into as of this qday of / a , 2012 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and COASTAL RESOURCES MANAGEMENT, INC. a California corporation ("Consultant'), whose address is PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 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 conduct biological studies and oceanographic studies in support of the Harbor Area Management Plan ("HAMP"). C. City desires to engage Consultant to provide the City with updated eelgrass habitat maps and oceanographic survey sat key locations in Newport Bay ('Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Rick Ware. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on March 31, 2013 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Work" or "Services"). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 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. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) 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. 3.3 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 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Twenty - Three Thousand, Ninety -Two Dollars and 80/100 ($23,092.80) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 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: 4.3.1 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. COASTAL RESOURCES MANAGEMENT, INC. Page 2 4.3.2 Approved reproduction charges. 4.3.3 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. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Rick Ware to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Chris Miller, Harbor Resources Manager, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 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. 7.1.2 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. COASTAL RESOURCES MANAGEMENT, INC. Page 3 7.1.3 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers 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 the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of 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 COASTAL RESOURCES MANAGEMENT, INC. Page 4 policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE 14.1 Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. 14.2 Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. COASTAL RESOURCES MANAGEMENT, INC. Page 5 14.2.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Consultant's bid. 14.3 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 accordancre with the latest edition of Best's Key Rating Guide, unless otherwise approved by the ity's Risk 1 Manager. 14.4 Coverage Requirements. �lGG� Ito 14.4.1 Workers' Compensation Coverage. Consultant shall maintair�V°15an Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant' employees in accordance with the laws of the State of California, Section 3700 of the La or Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. 14.4.1.1 Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non-payment of premium) prior to such change. 14.4.1.2 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 14.5 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, blanket contractual liability. 14.6 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 accident. 14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. COASTAL RESOURCES MANAGEMENT, INC. Page 6 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions 14.8.1.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 14.8.1.2 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1.3 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.9 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. 14.10 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. COASTAL RESOURCES MANAGEMENT, INC. Page 7 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the Work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS 17.1 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. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. 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. 20. 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. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or 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. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project 24. CONFLICTS OF INTEREST 24.1 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. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when COASTAL RESOURCES MANAGEMENT, INC. Page 9 delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Chris Miller Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644-3043 Fax: (949) 723-0589 25.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Rick Ware COASTAL RESOURCES MANAGEMENT, INC. PMB 327 3334 E. Coast Highway Corona del Mar, CA 92625 Phone: (949) 412-9446 Fax: (949) 675-2970 26. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole 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 COASTAL RESOURCES MANAGEMENT, INC. Page 10 incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 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. 28.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.8 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. 28.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee COASTAL RESOURCES MANAGEMENT, INC. Page 11 or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 28.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 28.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES NEXT PAGE] COASTAL RESOURCES MANAGEMENT, INC. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:* - By: lt.r Aaron C. Hap \� / City Attorney ATTEST: Date: 3.22.2_ By: 46kr Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A Californiyn)unicipal corporation adum Director CONSULTANT: COASTAL RESOURCES MANAGEMENT, INC., a California Cprpo} tion Date: a Zq / 1 L By: Rick Waro Pracident Da By Ric Treasurer [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates COASTAL RESOURCES MANAGEMENT, INC. Page 13 EXHIBIT A January Ilth,2012 Mr. Chris Miller Harbor Department City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 Re: Scope of Work to Conduct Channel Eelgrass Habitat Mapping, Bathymetric Surveys, and Oceanographic Monitoring, FY 2011/2012 Dear Mr. Miller: Coastal Resources Management, Inc. (CRM) is pleased to submit our Scope of Work to the City of Newport Beach for biological studies and oceanographic studies in support of the Harbor Area Management Plan (HAMP). A scope of services and cost -not -to -exceed estimate by task is provided in Exhibit 1. The estimated not -to -exceed cost for the work is $23,092.80. The services include providing the City of Newport Beach with (1) updated eelgrass habitat maps for deepwater and open -water navigational channels in Newport Harbor that were not surveyed during the 2009-2010 eelgrass mapping surveys and (2) focused oceanographic surveys at key locations in Newport Bay once a month over a one-year period. We will initiate our studies in February, 2012. Project Deliverables CRM will provide one final digital report and one hard -copy report of the results of the updated eelgrass habitat maps for deepwater and open -water navigational channels within 60 days of the completion of the field survey. CRM will provide a one final digital report and one hard -copy report of the oceanographic studies report within 60 days of the completion of the field survey. Coastal Resources Management, Inc. appreciates the opportunity to provide the City of Newport Beach with these services. Please give me a call if you have any questions. Sincerely, COASTAL RESOURCES MANAGEMENT, INC. ;tri (Jak-e Rick Ware Principal/Senior Marine Biologist Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email rware.crm@earthlink.net 2 TASK 1. CONDUCT SIDESCAN SURVEY IN OPEN WATER CHANNELS OF NEWPORT HARBOR The purpose of this task is to update the database of eelgrass distribution in Newport Harbor in regions not surveyed during the Coastal Resources Management, Inc. 2009-2010 eelgrass habitat dive surveys in large and deeper open water areas of the harbor that cannot safely or effectively mapped by using divers. These surveys are necessary so that the City has a detailed and complete knowledge of eelgrass bed resources within Newport Bay, as required for the implementation of the City's Newport Harbor Area Management Plan (HAMP). These surveys will update the work conducted by CRM in 2008 (Coastal Resources Management, Inc. 2010) that mapped 48 acres of eelgrass in the navigation channels and bring the most recent harbor -wide surveys (2009-2010) up -to -dates. The next scheduled baywide survey is for 2012-2013, when proposed shallow water diver survey and deep water sidescan surveys will simultaneously occur. For this study, CRM will update Newport Bay eelgrass habitat maps in open water navigational channels between the Harbor Entrance Channel and Mid -Newport Bay (Figure 1). The project deliverable will be a habitat map of eelgrass (Figure 2) along with a calculation of eelgrass acreage found within the deepwater habitat. Survey methods will also be presented, along with the eelgrass habitat map. CRM will incorporate sidescan sonar technology linked with high-resolution underwater video and thirdly, site-specific diver -biologist ground-truthing surveys. Methods to be employed will be the same as utilized during the CRM 2008 sidescan sonar surveys (Coastal Resources Management, Inc. 2010) Diver surveys conducted within active navigational channels can present significant diver safety issues and can be extremely labor-intensive. Limiting field time using remote sensing techniques (sidescan sonar/underwater video) also significantly reduces diver safety and liability issues in such an active boating environment as the Newport Harbor. The sidescan remote sensing methods we employ are approved techniques to map eelgrass as outlined in the Southern California Eelgrass Mitigation Policy (National Marine Fisheries Service 1991 as amended). In addition, a proposed NOAA Southern California Eelgrass Regional -Wide Monitoring Program will include a recommendation that eelgrass habitat mapping efforts should be conducted using sidescan sonar methods and where possible, be accompanied by the collection of bathymetric data. The CRM -generated GIS habitat snap will be incorporated in the City, of Newport Beach GIS mapping system on the City's website. ' httn://tvww.newportbeachca.2ov/index.aspx?page=458 Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA (949) 412-9446 (949) 675-2970 (fax) email rware.erm@earthlink.net earthlink.net 3 Ir� c SIDESCAN SONAR SURVEY ZONE sF f - S� i Yy,Y•{w0F• •Ir,)1Y OAMYpM��. k Figure 1. Proposed Sidescan Survey Zones to Map Navigational Channel Eelgrass of deepwater channel eelgrass. Dredging of navigational channels in Newport Harbor will require the documentation of deepwater eelgrass vegetation that might be affected by dredging activities. Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA (949) 412-9446 (949) 675-2970 (fax) email rware.crm(aearthlink.net rd TASK 2. OCEANOGRAPHIC SURVEYS WITHIN NEWPORT HARBOR Since 2008, CRM has conducted extensive oceanographic monitoring at 17 locations throughout Newport Harbor (Coastal Resources Management, 2010, in progress). Data collected during our 2010 oceanographic survey contract with the City will be included in our 2009-2010 eelgrass report, expected to be complete by the end of February, 2010. The data has provided a baywide data base of information that the City can for future bay projects such as dredging and infrastructure projects where baseline oceanographic data can now be incorporated into project impact analysis. Based on the results of data collected to data, we believe we can reduce the sampling intensity from the collection of data at 17, baywide stations to seven stations that represent "key" nodes of water circulation throughout the bay. At each station, three replicate measurements will be taken at one foot below the surface, mid -depth, and one foot above the bottom with a YSI 556 Multiprobe Water Quality Meter. Measured parameters will include temperature, depth, salinity, pH, dissolved oxygen and oxidation/reduction potential (ORP), and underwater light energy. Light energy measurements will be taken with an Apogee Quantum Meter; a secchi disk will record water clarity. We propose to collect data twice a day at each station during morning and afternoon surveys that will analyze the effects of tidal variation on oceanographic conditions. Our proposed sampling locations are shown in Figure 3. Surveys will be conducted monthly at each of seven stations. Survey results can also be included in a two-dimensional dredge -dispersion model design to predict effects of barge movement in -and -out of the harbor based on circulation patterns, temperature, salinity, and light monitoring. A summary of the type of data that we will collect is shown in Appendix 1 (Summary, by depths and station) and in Appendix 2 (flood and ebb tide conditions). Data will also be provided in a summary graphic format (See Figure 4). OPTIONAL PROGRAM (Not Costed) Underwater Light Sensors and Dredge Monitoring. While we do not propose to deploy underwater light and temperature data loggers like we deployed in 2008 and 2009 for this funding year (2011-2012) we do believe that these can be deployed at appropriate time prior to and during proposed dredging of Lower Newport Harbor in a scientific manner to evaluate light levels associated with turbidity created by dredging and barge scow movement in and out of Newport Harbor. Such barge movements created significant turbidity plumes in the vicinity of Linda and Balboa Island during the recently completed Upper Newport Bay dredging project. We observed large scale losses of eelgrass within these regions of the Bay during the Upper Newport Bay dredge project between 2004 and 2008, but cannot specifically attribute the losses of eelgrass solely to dredging or barge movement because the study design to monitor light levels using the data loggers was not specifically designed to monitor site-specific changes in eelgrass density and distribution. We propose to deploy of these loggers at the seven key sampling nodes and provide a fornial proposal to conduct the monitoring and evaluation of any underwater light level changes and eelgrass distribution at a later, appropriate time. We also propose to follow barge movements from dredge zones out to the channel entrance using standard EPA turbidity monitoring techniques (NTUs and secchi disk) to document changes in dredge plume characteristics and eelgrass density/distribution These data could also be included in a two-dimensional dredge -dispersion model designed to predict effects of barge movement in -and -out of the harbor, since the data would be collected in a time -series manner, over multiple tidal cycles, and varying oceanographic conditions. Coastal Resources Management, Inc. PMD 327, 3334 E. Coast Highway, Corona del Mar, CA (949) 412-9446 (949) 675-2970 (fax) email rware.erm@earthlink.net d � E L :,- 5 o Oceanographic Sampling Stations, FY 2011-2012 FAI Figure 3. Proposed Oceanographic Sampling Sites, FY 2011-2012. Key Nodes Include 7 of the 17 stations sampled between 2008 and 2010. wbonCo m%Wds NssoW Oxygen Lff N. Mmmh2004 upW 2010 a" .Ols.M L"IS.March200&A 12010 8.00 180 `o O 0 0 1.40 0 720 700 g q y� yypp yp � y Qi R g g q q ,yqq o 0o 0i 0 0 0 0 0 0 0 0 0 0 0 0 0 e C m e C Figure 4. Example of Graphical Presentation of Dissolved Oxygen Concentrations Between Harbor Island and Collins Island Coastal Resources Management, Inc, PMB 327, 3334 E. Coast Highway, Corona del Mar, CA (949) 412-9446 (949) 675-2970 (fax) email rware.crm@earthlink.net Ii TASK 3. PREPARE PROJECT REPORTS CRM will prepare a project report for both tasks and make them available to the City as each task is completed. CRM will provide a final digital and hard -copy report of the results of the updated eelgrass habitat maps for deepwater and open -water navigational channels within 60 days of the completion of the field survey. CRM will provide a final digital and hard -copy report of the oceanographic studies report within 90 days of the completion of the field survey. TASK 4: PROJECT MANAGEMENT Mr. Rick Ware, Senior Marine Biologist and Principal of CRM will be the principal investigator/project manager for this project. He will be responsible for the timely execution of field work and project submittals. He will be assisted by Mr. Rick Hollar, Principal of Nearshore Wetland Surveys (NWS), Mr. Stephen Whitaker, and Tom Gerlinger (CRM marine biologists) and Ms. Robin Kohler (CRM field operations team). Mr. Ware will attend one project meeting following the completion of the studies to present the results of the surveys and discuss results with City Staff. Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA (949) 412-9446 (949) 675-2970 (fax) email rware.erm@earthlink.net EXHIBIT B PROJECT COSTS Proposed costs for each task for FY 2011- 2012 are provided below. The total not -to -exceed proposed cost for all tasks is $23,092.80. Cost Summary Oceanographic Surveys' Deepwater Eelgrass Sidescan Survey Total Mobilization $450.00 $450.00 Field Survey $5,758.60 $9,030.00 $14,788.60 Remote Underwater Video Verification Survey $3,935.00 $3,935.00 Reports and Management $3,919.20 (included in field survey costs above) $3,919.20 Project Total $9,677.80 $13,415.00 $23,092.80 Oceanographic surveys include: surface; mid, and bottom depth profiles of water temp, dissolved oxygen, salinity, pH, dissolved solids oxidationlreduction potential, and underwater light levels at seven stations during morning and afternoon surveys. 2Deepwater eelgrass Sidescan survey includes: Resurvey of 2008 channel celgrass habitats not surveyed by divers in 2010; remote underwater video/diver survey to verify Sidescan sonar survey records i Includes GIS habitat maps and reports for all tasks Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mai-, CA (949) 412-9446 (949) 675-2970 (fax) email rware.crtn@earthlittk.net Appendix 1. Example of Oceanographic Data Table By Depth and Station Survey Date Station Location Depth Depth Level Water Temp Water Temp Dissolved 2H Salinity TDS ORP PPF Secchi DBDth Secchi Oxygen Depth Units (m) (ft) Degrees C Degrees F mglL otoo g/L my Nmol m- 2s-1 in feet 34 August 17,2010 1 Entrance Channel 0.3 1.0 Surface 14.72 68.50 8.01 7.65 34.10 33.69 80.33 1383.00 4.0 13.12 34 August 17,2010 1 Entrance Channel 2.1 7.0 Mid De th 14.43 57.97 7.75 7.64 34.10 33.70 83.00 878.00 34 August 17, 2010 1 Entrance Channel 4.0 13.0 Bottom 13.91 57.04 7.53 7.60 34.11 33.73 87.00 662.00 Station Mean 2.1 7.0 14.4 57.8 7.8 7.6 34.1 33.7 83.4 974.3 34 August 17, 2010 2 China Cove 0.3 1.0 Surface 15.30 59.63 8.27 7.66 34.11 33.69 76.67 1389.00 4.0 13.12 34 August 17,2010 2 China Cove 2.3 7.5 Mid De th 14.91 58.83 8.03 7.66 34.11 33.70 81.00 752.00 34 August 17, 2010 2 China Cove 4.3 14.0 Bottom 14.08 57.34 7.73 7.61 34.12 33.73 84.33 420.00 Station Mean 2.3 7.5 14.8 58.6 8.0 7.6 34.1 33.7 80.7 853.7 Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email rware.crm@earthlink.net Appendix 2. Example of data collected at Dover Shores in Upper Newport Bay during morning and afternoon surveys and different times of the tidal cycle. Survey Station Depth Depth Level Date Time Temp Temp DO Conc pH Salinity 11 10a m ft M/DN hh:mm:ss C F mg/L ppt 11 10a 0.3 1 s 7/29/2009 9:13:04 24.53 76.154 5.76 7.67 32.85 11 1oa 0.3 1 s 7/29/2009 9:13:24 24.53 76.154 5.73 7.66 32.85 11 10a 0.3 1 s 7/292009 9:13:44 24.51 76.118 5.78 7.67 32.85 11 10a 1.5 5 m 7/292009 9:14:22 24.4 75.92 5.98 7.67 32.88 11 10a 1.5 5 m 7/292009 9:14:42 24.39 75.902 5.96 7.68 32.88 11 10a 1.5 5 m 7/29/2009 9:15:02 24.38 75.884 5.97 7.68 32.89 11 103 2.7 8.9 b 7/29/2009 9:15:44 24.09 75.362 6.37 7.68 32.95 11 10a 2.7 8.9 b 7/292009 9:16:04 24.11 75.398 6.37 7.68 32.94 11 10a 2.7 8.9 b 7292009 9:16:24 24.08 75.344 6.38 7.68 32.95 Survey Station Depth Depth Level Date Time Temp Temp DO Conc pH Salinity 11 10b m It WON hh:mm:ss C F mg/L ppt 11 10b 0.3 1 s 7292009 15:10:43 24.47 76.046 7.13 7.83 33.04 11 10b 0.3 1 s 7292009 15:11:03 24.46 76.028 7.14 7.83 33.06 11 10b 0.3 1 s 7/29/2009 15:11:23 24.48 76.064 7.13 7.81 33.04 11 10b 0.0 5 m 7/29/2009 15:11:54 24.32 75.776 7.2 7.82 33.06 11 10b 0.0 5 m 7/292009 15:12:14 24.29 75.722 7.25 7.82 33.06 11 10b 0.0 5 m 7292009 15:12:34 24.32 75.776 7.26 7.82 33.06 11 10b 0.0 8.9 b 7292009 15:13:13 24.01 75.218 7.65 7.82 33.08 11 10b 0.0 8.9 b 729/2009 15:13:33 24 75.2 7.6 7.81 33.08 11 10b 0.0 8.9 b 7/29/2009 15:13:53 23.95 75.11 7.62 7.81 33.07 Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email rware.crm@earthlink.net CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3-01-12 Dept./Contact Received From: Tania Date Completed: 3-20-12 Sent to: Tania By: Joel Company/Person required to have certificate: Coastal Resources Management Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4-15-11/4-15-12 A. INSURANCE COMPANY: American Safety Indemnity Co. B. AM BEST RATING (A-: VII or greater): A: IX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ®No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that lass or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4-15-11/4-15-12 A. INSURANCE COMPANY: American Safety Indemnity. Co. B. AM BEST RATING (A-: VII or greater) A: IX C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ® Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No Ill WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: Exempted A. INSURANCE COMPANY: B. AM BEST RATING (A-: VII or greater): C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV, PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved'. r Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 3-20-12 Date ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes []No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ 1 ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date 15 12 10:09a HERITAGE WEST INSURANCE 916-488-9948 P,1 TC-12RD. CERTIFICATE OF LIABILITY INSURANCE 3/15/20 2 RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HERITAGE WEST INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2365 El Camino Ave Ste G HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento, CA 95821 (916) 488-9945 INSURERS AFFORDING COVERAGE NAICN �GVRED LUMBER A: � RICAN SAFETY INDEM INS CO COASTAL RESOURCES MANAGEMENT INC [MwRER B: PMB 327 wwRERR 3334 EAST COAST HIGHWAY IxwRER o: CORONA DEL MAR CA 92625 INwRERe lnvcan2P5 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE 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 ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS. 158 .TN not Mon EC INSVRM'cE POUCYNWBER POLICYEFFEcnvE OCIE UM.9E PoucYE [RAV04 GATE 'L umms GEwmftuAUNTY FACN CCCLAP.ENCE s 1,000,000 X ppFjAgp "T w Lp1 s 100,000 CW/ffER0ALOErEMLMBRRV cw=VME OCCUR MmE%PIMVmpperolq 3 5,000 A _I ENVO16184 11 05 4/15/11 4/15/12 PEMMMLSM RIJURY 3 1,000,000 GEMPOL MGMoA.E 3 2,000,000 HLA6GREGPC711,A AFPUES F@l FRJOVCTn.cchlPJCPAOO 3 2,000,000 %t 'F_Lw AMOLIMIIEMUIIITY cRAR:11E06VL'LE LL\IR s 1,000,000 ONVflIRO 16uCeq(pll UWILV VLVRT O.LLOlTNEOAWO.^. 6CMD'JLEDA R -'S Ive, lvrscnl 3 A X HAEDWTOn ENV016184 1.1 05 4/15/11 4/15/12 BODILYRWRY X NOLLONTI®01803 IP�rAuluem) FROPC(JT CAUAOE s IPe,pG'kF.nH OAMGE UABERVAui00NLY-EAACCIO@JT i OTHERTHMI EAACC i AMA= S AIIFOCNLY.. AOO EY.C°38N.\IBRELV. woo EACH OCCWRENCE s AGGREGpre 5 OC!YIR ❑ cuWswoc S CEOLxn@LE F . 3 REFFNIION [ IVOMERSCWMENMromAmo NLSTATA OlH- TOfiYuuR6 6i EMPLOYEFr'UA94RY EYFACMACCIDEI? s IN PROPgETORTARTGE1VafERIRVE E1 WSFA.E-EA EMPLOYEE s �FlCEPALNBER ETCWO®i nrpi.aevxplme:r El.. EAtA:-POKYu61R S SFECWLPFOVISION9CONi ORIER $1, 000, 000 PER OCC A PROFESSIONAL 14/15/11 14/15/12 $2,000,000 PER AGGR LIABILITY IENVOI6184 11 OS CLAIMS MADE IESCNF11IXl OF OPEMTO1151LOCAT W5/ V@IICIE6I E%C W 51IXlSADC£O BY FHOCPS@AFM/:JECIALMJOVI&ON9 ENVIRONMENTAL CONSULTING. RE: EELGRASS HABITAT MAPPING 6 OCEANOGRAPHIC SERVICES. ADDITIONAL INSURED ENDORSEMENT ATTACHED. l-NIY V CLI..M I1 V1 V PUBLIC WORKS DEPT. SMUIO ANY CF TMABO\'F.M=SMM PWCIES BE CANCELLED BEFORE TK URRATIOY CITY OF NEWPORT BEACH BATE nJ MOR TV .SOAVG INSURER wRL EMYXIAMLL 30O4VG LVRRTER 3300 NEWPORT BLVD NOnCE TO TE CERTIFICATE RUDER NAEO TOTM F. yyPyJ"]VVAvvVVXYYA2 NEWPORT BEACH CA 92663 hymmx"Ag )hXX�l(JFe'Clix )kX�MMA& FAX: 949 649 3318 AITMORILD rsEnnpsEeRAnLE ) �CORD25(2001/08) OACORD CORPORATION 1988 i Mar 15 12 10:09a 916-488-9948 P.2 HERITAGE WEST INSURANCE pOUCVV1 u"gER-. I ENVOI6184 I1 05' THFS EgEW CHANiGFS YHE P0112N- PLEASE READ IIY CAMZFU LLV. /BID® ONAL INSURED - OiMNERS, LESSEES OR I �CONTi8�1MRS, "RIPA 8) aP6is endorstmne' g&D&fk!s &muanm pmvided under Vhe10110rnling- camoatGALGOWRAL fllfliXCW8UW*PART. Sdiedule malum of pemn:®v Finantmoon CITY OF NEWPORT PEACH, ITS ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS; I THIS INSURANCE' IiPRIMARY AND NON-CONTRIBUTING i i I Of no enity app"m ahcve, onf m=ff a ffegt*red to c m fete this enftrsement wffl 6e shmm in the eedaraUonsasappSic9&erudommX O vm0 LLS Am *JlQ IDCtft. 10 &samlaw'ad to Todude ass aan kmur'd tha pemm oa• ffine,b..m'i shows¢ In Ls(! SdiL�RdQ, pmu¢ o6a4yrwl i4h Q�6IDm ria63$6yat'd�1cg 6:16 mS �@ WoIR 16r'B10a101lSIY@d y 6S fOr g76i1 CG 20 10 1185 'I I EopvrZgK ftsumme SenFicas Off6ae Im,1984 I i ! I s Mar 15 12 10:09a HERITAGE WEST INSURANCE 916A88-9948 p.3 CERTIFICATE OF INSURANCE CHECKLIST ditty of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. " Date Received: 3-01-12 Dept:/Contact Received From: Tania Date Completed: 3-02-12 Sent to: Tania By: loci Company/Person required to have certificate: Coastal Resources Management Type of contract: All Other GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4-15-1114-15-12 A. INSURANCE COMPANY: B. AM BEST RATING (A-: VII or greater): 4-; C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes N No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000 E. ADDITIONAL INSURED ENDORSEMENT—please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must EFFECTIVE/EXPIRATION DATE: 4-15-1114-15-12 include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) © Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND B. COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City Its officers, officials, employees and volunteers): Is It Included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be D. included): Is it included? ® Yes ❑ No J. CAUTIONI (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement 1,000,000 include "solely by negligence' wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® NIA ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ NIA ® Yes ❑ No IL AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4-15-1114-15-12 A. INSURANCE COMPANY: S B. AM BEST RATING (A-: VII or greater) _ A�� C. ADMITTED COMPANY (Must be California Admitted): l2 Is Company admitted in California? [:]Yes ® No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if indMdual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® NIA ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ NIA ® Yes ❑ No March 15", 2012 Tania Moore City of Newport Beach Department of Public Works 3300 Newport Blvd Newport Beach, CA 92660 Re: Workman's Compensation Insurance Requirements Dear Ms. Moore: Coastal Resources Management, Inc. (C.RM) is a single -employee State of California S - Corporation and therefore exempt from having to maintain workman's compensation insurance. Should you have any additional questions, please give me a call, or contact my insurance agent directly: Susan Bowers Heritage West Insurance 2365 El Camino Avenue, Suite G Sacramento, CA 95 82 1, Lic #0612070 Phone: 916 488-9945 Fax: 916488-9948 Email: susanhwi@sbcglobal.net Sincerely, COASTAL RESOURCES MANAGEMENT, INC. Rick Ware President/Senior Marine Biologist Coastal Resources Management, Inc. PM8 327, 3334 E. Coast Highway, Corona del Mar, CA 92625 (949) 412-9446 (949) 675-2970 (fax) email rware.erm@eaillilink.net earthlink.net