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HomeMy WebLinkAboutCoastal Frontiers Corporation; 2014-08-29;AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR BEACH AND OFFSHORE PROFILE SURVEY SERVICES COASTAL FRONTIERS CORPORATION This Amendment No. 2 is entered into and effective as of the / :Jft}day of ::::,..~~11 ,.I\ o , 20a, extending and amending the agreement dated August 29, 2014 (te Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Coastal Frontiers Corporation, a California corporation, ("Contractor") (collectively, the "Parties") for beach and offshore profile survey services. RECITALS A. On July 21, 2017, the Parties executed Amendment No. 1 to the Agreement to extend and fund beach and offshore profile survey services; and B. The Parties desire to alter the Agreement's scope of work to conduct two beach profile surveys; and C. The Parties desire to extend the Agreement for a period of one year; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed twenty-eight thousand, eight hundred forty dollars ($28,840.00). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" not-to-exceed twenty-eight thousand, eight hundred forty dollars ($28,840.00). City will make incremental payments to Contractor in accordance to the project milestones listed in Exhibit "A". 3. Contractor will complete all work described in Exhibit "A" by August 29, 2019. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 1 /30/13 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR ci. (print name/title) By:~- CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: \Jo /f'.YWAO. R rtLv/l,A 1~ BARBARA ENGLESON V <.:T'-- City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:_~"-=---¼ __ _ ~ity Attorney City Attorney Approved Version 1 /30/13 2 EXHIBIT "A" SCOPE OF SERVICES AND FEE Coastal Frontiers Corporation will conduct a beach profile survey in Fall 2018 and Spring 2019. Task 1a: Fall 2018 Survey -Field Operations Attempt to recover the survey benchmarks established previously at the following 7 transects: CB-0740, CB-0780, CB-0800, CB-0820, CB-0840, CB-0850, and OS-0900. If any benchmark is found to be missing, establish a temporary replacement using available descriptions, photographs, and reference marks. Acquire beach profile data compatible with historical data obtained previously by the City along the 7 transects enumerated above. Profiles shall be obtained from the back beach to a minimum depth of 50 ft., MLLW Datum, past the presumed "depth of profile closure". Data for the wading portion of each profile shall be obtained using an electronic total station, while the offshore portion shall be obtained using a differential GPS (DGPS) and precision echo sounder operated from a shallow draft survey vessel. Task 1 b: Fall 2018 Survey -Data Reduction Adjust all elevations along the 7 profiles to MLLW Datum, and plot each profile. Provide both hard copies and digital files of the 7 profiles to the City, along with a brief letter report that describes the survey dates, survey methods, and any unusual observations or problems encountered. The letter report shall include a table of beach width (measured from the landward limit of the sandy beach to the Mean Sea Level shoreline) at each profile. To the extent available, data from SANDAG-sponsored transects located within the study area will be included in the report. Task 2a: Spring 2019 Survey -Field Operations Attempt to recover the survey benchmarks established previously at the following 7 transects: CB-0740, CB-0780, CB-0800, CB-0820, CB-0840, CB-0850, and OS-0900. If any benchmark is found to be missing, establish a temporary replacement using available descriptions, photographs, and reference marks. Acquire beach profile data compatible with historical data obtained previously by the City along the 7 transects enumerated above. Profiles shall be obtained from the back beach to a minimum depth of 50 ft., MLLW Datum, past the presumed "depth of profile closure". Data for the wading portion of each profile shall be obtained using an electronic total station, while the offshore portion shall be obtained using a differential GPS (DGPS) and precision echo sounder operated from a shallow draft survey vessel. Task 2b: Spring 2019 Survey-Data Reduction Adjust all elevations along the 7 profiles to MLLW Datum, and plot each profile. Provide both hard copies and digital files of the 7 profiles to the City, along with a brief letter report that describes the survey dates, survey methods, and any unusual observations or problems encountered. The letter report shall include a table of beach width (measured from the landward limit of the sandy City Attorney Approved Version 1 /30/13 3 beach to the Mean Sea Level shoreline) at each profile. To the extent available, data from SANDAG-sponsored transects located within the study area will be included in the report. FEE SCHEDULE The City will make incremental payments in accordance to the project milestones listed below. A detailed cost breakdown is attached. ITEM BEACH AND OFFSHORE SURVEY PROGRAM PRICE NO. PAYMENT MILESTONES 1 Task 1a: Notification of field work complete -Fall 2018 $9,892.00 2 Task 1b: Submittal of final report -Fall 2018 $4,350.00 3 Task 2a: Notification of field work complete -Spring 2019 $10,139.00 4 Task 2b: Submittal of final report -Spring 2019 $4,459.00 TOTAL $28,840.00 Agreement shall not exceed $28,840.00 City Attorney Approved Version 1 /30/13 4 COST ESTIMATE Task 1a. Fall 2018 Survey -Field Operations DIRECT LABOR Principal Engineer 2 hrs@ $219 $438 Senior Engineer 15 hrs@ $173 $2,595 Engineer I 15 hrs@ $143 $2,145 Technician (2) 24 hrs@ $104 $2,496 Labor Total $7,674 OTHER DIRECT COSTS Expendables I/s@ $40 $40 Rental Trucks 2 days@ $150 $300 Fuel 1 I/s@ $50 $50 Per Diem 4 m/d@ $120 $480 Auto Mileage 100 mi@ $0.545 $55 Subtotal $925 10% G &A $93 ODC Total $1,018 IN-HOUSE EQUIPMENT RENTAL Total Station 2 days@ $150 $300 Motion Compensator 1 day@ $160 $160 Survey Software 1 day@ $100 $100 CTD day@ $80 $80 Survey Boat day@ $225 $225 Digital Depth Sounder 1 day@ $95 $95 VS-110 DGPS System 1 day@ $125 $125 Marinized Computer 1 day@ $60 $60 Survey Equipment 2 days@ $20 $40 Radios (2) day@ $15 $15 Equipment Total $1,200 TOTAL ESTIMATED COST FOR TASK 1a $9,892.00 City Attorney Approved Version 1 /30/13 5 Task 1b. Fall 2018 Survey-Data Reduction DIRECT LABOR Principal Engineer Senior Engineer Engineer I OTHER DIRECT COSTS none IN-HOUSE EQUIPMENT RENTAL 2 hrs@ 16 hrs@ 8 hrs@ Labor Total Subtotal 10% G &A ODC Total $219 $173 $143 $438 $2,768 $1,144 $0 $0 none $0 $4,350 $0 Equipment Total $0 TOTAL ESTIMATED COST FOR TASK 1b $4,350 Task 2a. Spring 2019 Survey-Field Operations (2.5% increase over Fall 2018) TOTAL ESTIMATED COST FOR TASK 2a Task 2b. Spring 2019 -Data Reduction (2.5% increase over Fall 2018) TOTAL ESTIMATED COST FOR TASK 2a TOTAL ESTIMATED PROJECT COST $10,139 $4,459 $28,840 City Attorney Approved Version 1 /30/13 6 COAST-5 OP ID: GK ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 05/31/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2:i~cT Michael L. Mansel Mike Mansel PHONE I FAX -- R.L. Milsner Ins Brokerage IA/C No E.!!l;__ (A/C Nol: E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Ohio Security Ins. Co ··-· ··---··--··-------- INSURED Coastal Frontiers Corporation INSURER e: American Fire and Casualty Co. Craig Leidersdorf INSURER c : West American Insurance Co. 882A Patriot Drive Moorpark, CA 93021-3544 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL IOiUtlN POLICY EFF POLICY EXP LIMITS LTR m~n ,.uun POLICY NUMBER CMM/DD/YYYYI CMMIDD/YYYYI C X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 1 CLAIMS-MADE 0 OCCUR X X BKW57195130 04/01/2018 04/01/2019 D~Ur'\C:NIC:U $ 500,000 PREMISES rEa occurrence\ ·-MED EXP (Any one person) $ 15,000 ~- PERSONAL & ADV INJURY $ 1,000,000 ~-- GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,00C ~~ 0PRO-DLoc PRODUCTS -COMP/OP AGG $ 2,000,ooc __ POLICY JECT -- OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea accidentl --A / ANY AUTO X X BAS57195130 04/01/2018 04/01/2019 BODILY INJURY (Per person) $ --ALL OWNED 1 SCHEDULED ---- AUTOS , AUTOS BODILY INJURY (Per accident) $ -· I)( NON-OWNED PROPERTY DAMAGE X HIRED AUTOS (Per accident\ $ ! I AUTOS --,-----, , I $ UMBRELLA LIAS L Xi OCCUR EACH OCCURRENCE s 4,000,000 x ·--j B EXCESSUAB I I CLAIMS-MADE ESA57195130 04/01/2018 04/01/2019 AGGREGATE $ 4,000,00C OED I j RETENTION $ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ---------------~ (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE S gm:~ftf[~~ o?OPERATIONS below EL DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is requlredj Certificate holder is Additional Insured as respects to General Liability. General Liability is Primary and Non-Contributory. Waiver of Subrogation applies for General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad, its THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. officials, employees and volunteers AUTHORIZED REPRESENTATll{E ........ 799 Pine Avenue, Suite 200 R.L.~~ke~ Carlsbad, CA 92008 I _ .. ....-____, __ .. --- .. -. © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF CARLSBAD 799 PINE AVE SUITE 200 PARKS ANO RECREATION DEPT CARLSBAD, CA 92008 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II • Who Is An Insured is amended to Include as an additional insured the person(s} or organization(s) shown In the Schedule, but only with respect to liability for "bodily in- jury", "property damage" or "personal and advertising injury11 caused, In whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing oper- ations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional In- sured is required by a contract or agree- ment, the Insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional Insureds, the following Is added to Section 111 • Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional Insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever Is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Person Or Organization: CITY OF CARLSBAD 799 PINE AVE SUITE 200 PARKS AND RECREATION DEPT CARLSBAD, CA 92008 SCHEDULE Information required to complete this Schedule, if not shown above, wlll be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organi- zation shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 COAS-13 OP ID: GB AC:ORv·· CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 05/31/2018 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~:1~cT Gail Boudreaux Accessible Marine Insurance rtgN:o Extl: 504-486-5411 I rffc Nol: 504-482-1475 1145 Robert E Lee Blvd New Orleans, LA 70124 !oMDAJ~ss: gailt@.ami-ins.com Eric 5. Green INSURER(S) AFFORDING COVERAGE NAIC# 1NsuRER A: Underwriters At Lloyd's INSURED Coastal Frontiers Corp, Inc INSURER B: Midwest Employers Casualty Co Greg Hearon INSURER c: StarNet Insurance Company 882A Patriot Drive Moorpark, CA 93021 INSURER D: Great American Ins. Co.N.Y. 22136 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ,<IDDL :>Utsl< POLICY EFF POLICY EXP LIMITS LTR INSD wvn POLICY NUMBER . {MM/DD/YYYY) {MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -D CLAIMS-MADE D OCCUR DAMAlit: 1 u '":" , Eu PREMISES /Ea occurrence\ $ D X 3rd Party P&I OMH 2205771-02 f-- 07/17/2017 07/17/2018 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ f-- GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ ~ D PRO-DLOC POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER P&l $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ /Ea accident\ f-- ANY AUTO BODILY INJURY (Per person) $ f--ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ f---NON-OWNED iP~~~fc~~tf AM AGE HIRED AUTOS AUTOS $ -f-- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION XI ~ffrnTE I I OTH-AND EMPLOYERS' LIABILITY ER B YIN y KEY0136566 04/01/2018 04/01/2019 1,000,00C ANY PROPRIETOR/PARTNER/EXECUTIVE ~ E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $ C MEL y BOUM-A-18-1369 05/01/2018 05/01/2019 MEL 1,000,000 A Professional Liab 181270C2077 03/01/2018 03/01/2019 PL 1,000,000 ,/ DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Waiver of Subrogation in favor of the certificate holder on the Worker's Compensation and MEL policies per written contract. CERTIFICATE HOLDER CANCELLATION CARLS01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 799 Pine Avenue, Suite 200 Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE ~L~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD NOTEPAD INSURED'S NAME Coastal Frontiers Corp, Inc Workers' Compensation Endorsements: USL&H Endorsement COAS-13 OP ID: GB Waiver of Subrogation Endorsement (as required by written contract) Alternate Employer Endorsement (as required by written contract) Maritime Employer's Liability Endorsements: In Rem Blanket Waiver of Subrogation Death on the High Seas Act Contractor's Equipment: Carrier: Great American Ins. Company Policy Period: 07/01/2017 to 07/01/2018 Owned Equipment Limit: $164,065 Rented/Leased Equipment Limit: $300,000 Any One Item/$450,000 All Items PAGE 2 Date 05/31/2018 AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR BEACH AND OFFSHORE PROFILE SURVEY SERVICES COASTAL FRONTIERS CORPORATION No. 1 is entered into and effective as of thed / St day of -----""--''----'-...__~;ii,,::------' 20)2, extending and amending the agreement dated August 29, 2014 (the" g e ment") by and between the City of Carlsbad, a municipal corporation, ("City"), and Coastal ntiers Corporation, a California corporation, ("Contractor") (collectively, the "Parties") for beach and offshore profile survey services. RECITALS A. The Parties desire to alter the Agreement's scope of work to conduct two beach profile surveys; and B. The Parties desire to extend the Agreement for a period of one year; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed twenty-seven thousand, nine hundred eighty-seven dollars ($27,987.00). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" not-to-exceed twenty-seven thousand, nine hundred eighty-seven dollars ($27,987.00). City will make incremental payments to Contractor in accordance to the project milestones listed in Exhibit "A". 3. Contractor will complete all work described in Exhibit "A" by August 29, 2018. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill City Attorney Approved Version 1 /30/13 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR By:~ (sign here) G~ µ..,<A'°"~ p,...,~iJJ (print nae/title) 7 CITY OF CARLSBAD, a municipal corporation of the State of California By: yor or Director ATTEST: \ 2uww O (<,11Lm~L~ BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ---------------Assister,t City Attorney ~ City Attorney Approved Version 1 /30/13 2 EXHIBIT "A" SCOPE OF SERVICES Coastal Frontiers Corporation will conduct a beach profile survey in Fall 2017 and Spring 2018. Task 1 a: Fall 2017 Survey -Field Operations Attempt to recover the survey benchmarks established previously at the following 7 transects: CB-0740, CB-0780, CB-0800, CB-0820, CB-0840, CB-0850, and OS-0900. If any benchmark is found to be missing, establish a temporary replacement using available descriptions, photographs, and reference marks. Acquire beach profile data compatible with historical data obtained previously by the City along the 7 transects enumerated above. Profiles shall be obtained from the back beach to a minimum depth of 50 ft., MLLW Datum, past the presumed "depth of profile closure". Data for the wading portion of each profile shall be obtained using an electronic total station, while the offshore portion shall be obtained using a differential GPS (DGPS) and precision echo sounder operated from a shallow draft survey vessel. Task 1 b: Fall 2017 Survey -Data Reduction Adjust all elevations along the 7 profiles to MLLW Datum, and plot each profile. Provide both hard copies and digital files of the 7 profiles to the City, along with a brief letter report that describes the survey dates, survey methods, and any unusual observations or problems encountered. The letter report shall include a table of beach width (measured from the landward limit of the sandy beach to the Mean Sea Level shoreline) at each profile. To the extent available, data from SANDAG-sponsored transects located within the study area will be included in the report. Task 2a: Spring 2018 Survey -Field Operations Attempt to recover the survey benchmarks established previously at the following 7 transects: CB-0740, CB-0780, CB-0800, CB-0820, CB-0840, CB-0850, and OS-0900. If any benchmark is found to be missing, establish a temporary replacement using available descriptions, photographs, and reference marks. Acquire beach profile data compatible with historical data obtained previously by the City along the 7 transects enumerated above. Profiles shall be obtained from the back beach to a minimum depth of 50 ft., MLLW Datum, past the presumed "depth of profile closure". Data for the wading portion of each profile shall be obtained using an electronic total station, while the offshore portion shall be obtained using a differential GPS (DGPS) and precision echo sounder operated from a shallow draft survey vessel. Task 2b: Spring 2018 Survey -Data Reduction Adjust all elevations along the 7 profiles to MLLW Datum, and plot each profile. Provide both hard copies and digital files of the 7 profiles to the City, along with a brief letter report that describes the survey dates, survey methods, and any unusual observations or problems encountered. The letter report shall include a table of beach width (measured from the landward limit of the sandy City Attorney Approved Version 1 /30/13 3 beach to the Mean Sea Level shoreline) at each profile. To the extent available, data from SANDAG-sponsored transects located within the study area will be included in the report. FEE SCHEDULE The City will make incremental payments in accordance to the project milestones listed below. A detailed cost breakdown is attached. ITEM BEACH AND OFFSHORE SURVEY PROGRAM PRICE NO. PAYMENT MILESTONES 1 Task 1a: Notification of field work complete -Fall 2017 $9,609.00 2 Task 1b: Submittal of final report -Fall 2017 $4,212.00 3 Task 2a: Notification of field work complete -Spring 2018 $9,849.00 4 Task 2b: Submittal of final report -Spring 2018 $4,317.00 TOTAL $27,987.00 Agreement shall not exceed $27,987.00 City Attorney Approved Version 1/30/13 4 COST BREAKDOWN Task 1a: Fall 2017 Survey -Field Operations DIRECT LABOR Principal Engineer 2 hrs@ $212 $424 Senior Engineer 15 hrs@ $167 $2,505 Engineer I 15 hrs@ $136 $2,040 Technician (2) 24 hrs@ $101 ~2,424 Labor Total $7,393 OTHER DIRECT COSTS Expendables 1 I/s@ $40 $40 Rental Trucks 2 days@ $150 $300 Fuel 1 I/s@ $50 $50 Per Diem 4 mid@ $120 $480 Auto Mileage 100 mi@ $0.540 ~54 Subtotal $924 10% Markup ~92 ODC Total $1,016 IN-HOUSE EQUIPMENT RENTAL Total Station 2 days@ $150 $300 Motion Compensator 1 day@ $160 $160 Survey Software 1 day@ $100 $100 CTD 1 day@ $80 $80 Survey Boat 1 day@ $225 $225 Digital Depth Sounder 1 day@ $95 $95 VS-110 DGPS System 1 day@ $125 $125 Marinized Computer 1 day@ $60 $60 Survey Equipment 2 days@ $20 $40 Radios (2) 1 days@ $15 ~15 Equipment Total $1,200 TOTAL COST FOR TASK 1a $9,609 Task 1 b: Fall 2017 Survey -Data Reduction DIRECT LABOR Principal Engineer 2 hrs@ $212 $424 Senior Engineer 16 hrs@ $167 $2,672 Engineer I 8 hrs@ $136 ~1,088 Labor Total $4,184 OTHER DIRECT COSTS Duplication 1 I/s@ $25 $25 Subtotal $25 10% Markup ~3 ODC Total $28 TOT AL COST FOR TASK 1 b $4,212 Tasks 2a and 2b (2.5% increase over 2017) TOTAL COST FOR TASK 2a $9,849 TOT AL COST FOR TASK 2b $4,317 AGREEMENT FOR BEACH AND OFFSHORE PROFILE SURVEY SERVICES (COASTAL FRONTIERS CORPORATION) THIS AGREEMENT is made and entered into as of the day of A^gyy^'C 20_/ff; by and between the CITY OF CARLSBAD, a municipal corporation, fCity"), and COASTAL FRONTIERS CORPORATION, a corporation, ("Contractor"). RECITALS A. City requires the professional services of a coastal engineering firm that is experienced in beach and offshore beach profile surveys. B. Contractor has the necessary experience in providing professional services and advice related to coastal processes and sand transport characteristics. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of 3 years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one year periods or parts thereof in an amount not to exceed thirty thousand dollars ($30,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be seventy nine thousand, three hundred eighty seven dollars ($79,387). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this City Attorney Approved Version 1/30/13 Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against ail claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directiy or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' City Attorney Approved Version 1/30/13 compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or eariy termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coveraaes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. I I If box is checked. Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: City Attorney Approved Version 1/30/13 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providina Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraoe. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be cleariy identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will 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 under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. City Attorney Approved Version 1/30/13 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name Name (r7<^s, l-ke°>>^PA. Title Title Y'r t-Mii r^vt Department Address ^SZ- l\ v^cAy-cgA- t^^'^^C, City of Carlsbad \/A.a>oy^\c^ ^^gZ-^ Address Phone No. 3M L 3^ Email Phone No. Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Sen/ices the following procedure will be used to resolve any questions of fact or interpretation not othenwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be fonwarded to both parties City Attorney Approved Version 1/30/13 5 involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. Ifthe resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Sen/ices, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or sen/ices contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othenwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of City Attorney Approved Version 1/30/13 information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 1/30/13 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By; By: (sign here) ^ wJUiljty Manager "rMnynr nr PKi'i'iinn Director i as authorized by the City Manager CtU^^7 $^ U.t>l^^s->o.^P ?fLts.T>t^T- Kathryn B. Dodson By: (print name/title) ATTEST: (sign here) (print nanie/title) BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FO CELIA A. BR City Attorney Approved Version 1/30/13 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of \l(^(\\lj[(L On C^/li/M^I before me, 9)0(^(1 . ^/l/aiQfY ^UIPHO (Here insert name and title of the officer) personally appeared CM\^ &> LpjJSfSri(f-^ mJ ^fg^ f/6fa[0/] who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)^fei^iiiibscribed to the within instrument and acknowledged to me that-be/sb^e^executed the same ini-iisiEeMieir^uthorized capacity(ies), and that by ffls7he^fce^ignature(s) on the insSlment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is tme and correct. • WITNESS my hand and official seal. ^/fe^/l 6s//M^ sf gnature ofNotary PubUc (Notary Seal)' BRIAN COWAN COMM. #1965004 S NOTARY PUBUC •CAUFORNIA 2 VENTURA COUNTY ^ Comm. Exp. DEC. 26, 2015 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT S>i (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional infonnation) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Coiporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (Le. certifying the authorized capacity of the signer). Please check the document carefulfyfor proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. be/she/tho)', is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • TTie notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •> Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.cora EXHIBIT "A" SCOPE OF SERVICES Task la: Fall 2014 Survey -Field Operations Attempt to recover the survey benchmarks established previously at the following 7 transects: CB-0740, CB-0780, CB-0800, CB-0820, CB-0840, CB-0850, and OS-0900. If any benchmark is found to be missing, establish a temporary replacement using available descriptions, photographs, and reference marks. Acquire beach profile data compatible with historical data obtained previously by the City of Carlsbad along the 7 transects enumerated above. Profiles shall be obtained from the back beach to a minimum depth of 50 ft, MLLW Datum, past the presumed "depth of profile closure". Data for the wading portion of each profile shall be obtained using an electronic total station, while that for the offshore portion shall be obtained using a differential GPS (DGPS) and precision echosounder operated from a shallow draft survey vessel. Task lb: Fall 2014 Survey - Data Reduction Adjust all elevations along the 7 profiles to MLLW Datum, and plot each profile. Provide both hard copies and digital files of the 7 profiles to the City of Carlsbad, along with a brief letter report that describes the survey dates, survey methods, and any unusual observations or problems encountered. The letter report shall include a table of beach width (measured from the landward limit of the sandy beach to the Mean Sea Level shoreline) at each profile. To the extent available, data from SAND AG-sponsored transects located within the study area will be included in the report. Task2o/b: Spring2015Survey Identical to Task la/b. Task3a/b: Fall 2015 Survey Identical to Task la/b. Task4a/b: Spring 2016 Survey Identical to Task la/b. Task5a/b: Fall 2016 Survey Identical to Task la/b. City Attorney Approved Version 1/30/13 Task6a/b: Spring 2017 Identical to Task la/b. Costs As indicated at the outset, the estimated cost for the 2014/2015 program is $25,811, the 2015/2016 program is $26,457, and the 2016/2017 program is $27,119. The total program cost for the three monitoring years is $79,387. The cost difference for each year is 2.5%. A detailed cost estimated is attached. We respectfully request incremental payment in accordance to the project milestones listed below. City of Carlsbad 2014-17 Beach and Offshore Survey Program Pavment Milestones A. Notification of Field Work Complete-Fall 2014 (Task la): $8,803.00 B. Submittal of Final Report-Fall 2014 (Task lb): $3,943.00 C. Notification of Field Work Complete-Spring 2015 (Task 2a): $9,023.00 D. Submittal of Final Report- Spring 2015 (Task 2b): $4,042.00 E. Notification of Field Work Complete-Fall 2015 (Task 3a): $9,023.00 F. Submittal of Fmal Report-Fall 2015 (Task 3b): $4,042.00 G. Notification of Field Work Complete-Spring 2016 (Task 4a): $9,249.00 H. Submittal of Final Report-Spring 2016 (Task 4b): $4,143.00 I. Notification of Field Work Complete-Fall 2016 (Task 5a): $9,249.00 J. Submittal of Final Report-Fall 2016 (Task 5b): $4,143.00 K. Notification of Field Work Complete-Spring 2017 (Task 6a): $9,480.00 L. Submittal of Fmal Report-Spring 2017 (Task 6b): $4.247.00 Total: $79,387.00 City Attorney Approved Version 1/30/13 10 crrv OF CARLSBAD 2014/15-16/17 BEACH SURVEY PROGRAMS Task la. Fall 2014 Survey - Field Operations DIRECT LABOR Principal Engineer Senior Engineer Engineer I Technician (2) 2 15 15 24 hrs @ hrs @ hrs @ hrs @ $194 $153 $124 $93 $388 $2,295 $1,860 $2,232 labor Total $6,775 OTHER DIRECT COSTS Expendables 1 l/s@ $50 $50 Shipping 1 l/s@ $20 $20 Per Diem 4 m/d @ $125 $500 Auto iVIileage 400 ml @ $0,560 $224 Sut}total $794 10% G & A $79 ODC Total •HOUSE EQUIPiVIENT RENTAL EDM Rental 2 days @ $150 $300 Motion Compensator 1 day @ $160 $160 Survey Software 1 day @ $100 $100 CTD 1 day @ $80 $80 Survey Boat 1 day @ $200 $200 Digital Depth Sounder 1 day @ $95 $95 DGPS System 1 day @ $90 $90 Ma rin ized Computer 1 day @ $60 $60 Survey Equipment 2 days @ $20 $40 Radios (2) 2 days @ $15 $30 Equipment Total TOTAL COST FOR TASK la $873 $1,155 $8,803.00 (continued) CFTY OF CARLSBAD 2014/15-16/17 BEACH SURVEY PROGRAMS Task lb. Fall 2014 Survey - Data Reductton DIRECT LABOR Principal Engineer 4 hrs @ $194 $776 Senior Engineer 14 hrs @ $153 $2,142 Engineer 1 8 hrs @ $124 $992 Latxir Total $3,910 OTHER DIRECT COSTS Duplication IN-HOUSE EQUIPMENT RENTAL none 1 l/s @ $30 Subtotal 10% G &A ODC Total Equipment Total $30 $30 $3 $0 $33 $0 TOTAL ESTIMATED COST FOR TASK lb $3,943 Task 2a. Spring 2015 Survey- Field Operations (2.5% increase over Fall 2014) TOTAL ESTIMATED COST FOR TASK 2a Task 2b. Spring 2015 - Data Reductnn (2.5% increase over Fall 2014) TOTAL ESTIMATED COST FOR TASK 2b Task 3a. Fall 2015 Survey- Field Operations (Identical to Spring 2015) TOTAL ESTIMATED COST FOR TASK 3a Task 3b. Fall 2015 - Data Reduction Field Operations (identical to Spring 2015) TOTAL ESTIMATED COST FOR TASK 3b $9,023 $4,042 $9,023 $4,042 (continued) COST CFTY OF CARLSBAD 2014/15-16^17 BEACH SURVEY PROGRAMS Juiy 1, 2014 Task 4a. Spring 2016 Survey- Field Operations (2.5% increase over Fall 2015) TOTAL ESTIMATED COST FOR TASK 4a $9,249 Task 4b. Spring 2016 - Data Reductnn (2.5% increase over Fall 2015) TOTAL ESTIMATED COST FOR TASK 4b $4,143 Task 5a. Fall 2016 Survey- Fieid Operatton s (identical to Spring 2016) TOTAL ESTIMATED COST FOR TASK 5a $9,248 Task 5b. Fall 2016 - Data Reduction (identical to Spring 2016) TOTAL ESTIMATED COST FOR TASK5b $4,143 Task 6a. Spring 2017 Survey- Field Operations (2.5% Increase over Fall 2016) TOTAL ESTIMATED COST FOR TASK 6a $9,480 Task 6b. Spring 2017 - Data Reductnn (2.5% Increase over Fail 2016) TOTAL ESTIMATED COST FOR TASK 6b $4,247 TOTAL PROJECT COST $79,387