Loading...
HomeMy WebLinkAbout18 - Summer-Fall 2002 Water Quality Testing ContractITEM 18 TO: Members of the Newport Beach City Council FROM: Dave Kiff, Assistant City Manager SUBJECT: Summer -Fall 2002 Water Quality Testing Contract: Newport Bay and Tributaries to Newport Bay RECOMMENDED Authorize the Mayor to execute a contract with the University of California in ACTION: the amount of $166,920.00 using funds budgeted in the Capital Improvement Program for this purpose (CIP Item #7251- C5100596). BACKGROUND: While most of Newport Bay's waters routinely show levels of bacteria well below levels allowed by State law (AB 411, Wayne, 1997) for water contact recreational activities like swimming and wading, several locations often show bacteria levels higher than allowed by State law. These areas include: 43rd Street Beach (Channel Place Park) Arches Marina (PCH and Newport Boulevard) Santa Ana /Delhi Channel San Diego Creek Big Canyon Wash Newport Dunes The Orange County Health Care Agency's Environmental Health Division (HCA) tests these six areas and about 30 more (see the map within this staff report) at least once a week. If the areas exceed AB 411 standards for total coliform, fecal coliforni, or enterococcus, the County directs that the waters be posted as potentially unsafe for water contact recreation. A posting is separate from a closure. Per AB 411, the latter occurs when HCA suspects or knows of a sewage spill or leak. The sign on the left is a closure sign - the sign on the right is a posting sign. Beach closare KEEP OUT (S) SEWAGE CONTAMINATED WATER meo'All' rvase slecs oeaca WARNING! ` °E:unim°:o°"ws ece° K� 1AVISO! wec ea.«aiwe.e°nm The three bacteria listed above are known as indicator bacteria, meaning that they may indicate the presence of a human pathogen like a virus. The key word is may - for we do not know with certainty whether or not a virus is always attached to or near the indicator bacteria. Nor do we know the source of the indicator bacteria - the bacteria may be present due to bird droppings, pet waste, garden fertilizer, or other decomposing organic matter. Determining the source of the bacteria is an expensive challenge, with differing ways on how such sourcing can be done. These methods include: • Genetic Fingerprinting. This methodology takes unknown bacteria from the water, determines the bacteria's DNA pattern, and then attempts to match that pattern to a pattern from bacteria from a known source. • Antibiotic Resistance. This method takes unknown bacteria from the water, determines how the bacteria reacts to up to eight common antibiotics, and then attempts to match the reaction patterns with bacteria from known sources. OC HCA's Newport Bay Weekly Sampling Areas Better than merely using indicator bacteria, the City has embarked upon a limited testing program of actual viruses within Newport Bay. These tests are expensive, costing more than $1,400 per test. In 2000, the City contracted for n L out Ana. e Channel a• six. B lego aS:Seli "::... me 0 .Marsh � or n ne eu,n VnY II Bu,v ure••ul..e ughn's Launch TM• s.-- it Canyon Wash naw m..e (Beach .. m.m • o,:. Vi.a:at � y Dr. Pipe x.0 4Jr � P. . � hlne h on is shore ac�. u M,E,W,N 8th St. uhnm s. Yee Into 19th ach sAve. �eec .1. rat.. t. is.. w.e ark Ave. amel Ave. and Canal eu, x..r•.e e. s a Saphlre vs. Abaloe., w..e rbor Patrol Beach B. late Ell Bs Isle ' °"°•• �" N St. Beach` Rocky M. Beach Pacific Ocean Better than merely using indicator bacteria, the City has embarked upon a limited testing program of actual viruses within Newport Bay. These tests are expensive, costing more than $1,400 per test. In 2000, the City contracted for n L viral testing with Dr. Rachel Noble of the Southern California Coastal Water Research Project (SCCWR), a Westminster -based joint- powers agency set up to do water quality research. Dr. Sunny Jiang of the University of California, Irvine, joined Dr. Noble in these efforts. Drs. Noble and Jiang tested the following areas for human enteric virus particles: 43rd Street Beach (Charnel Place Park) Arches Marina Bayshore Beach Santa Ana Delhi Channel (near Mesa and near University) San Diego Creek (near Campus and near Michelson) Big Canyon Wash —Back Bay Drain /East Side of Newport Dunes During two distinct periods of testing last summer, Drs. Noble and Jiang's data showed no detectable levels of human enteric viruses in any area EXCEPT the Santa Ana Delhi Channel. Five of six tested samples from the Santa Ana Delhi Channel tested positive for the presence of human enteric viruses. The City paid for this testing using a grant from the State Water Resources Control Board. Here is an update on Summer 2001 Study efforts (including some results) and a description of our efforts for Summer -Fall 2002: • Antibiotic Resistance Testing in West Newport. This joint OC Health Care Agency -City effort attempts to determine the source of chronic bacteria problems around Newport Island. Dr. Doug Moore of OC HCA and Dr. Jody Harwood of the University of South Florida are coordinating the antibiotic resistance analysis (underway) for bacteria sampled in September - October 2001. • Swimmer Contribution Study at Newport Dunes. In late August 2001, we conducted a series of tests to attempt to determine if there is a link between swimmers and fecal coliform in a high -use swimming area. That data did NOT show a link. This test will be repeated several times in Summer 2002 to a level of statistical significance. A requirement of the Fecal Coliform TMDL. OC CoastKeeper will collect the samples and the Orange County Sanitation District (OCSD) will test the samples. • Vessel Waste Study. A City- Regional Board effort will attempt to determine the extent of illegal waste discharges from boaters into Newport Harbor. This will be the first summer for this test protocol and will occur about five times in Summer 2002. A requirement of the Fecal Coliform TMDL. OC CoastKeeper will collect the samples and OCSD will test the samples. • Baywide Bacteria and Virus Testing. In an attempt to determine if contamination levels have changed since 2000 and 2001, the City and the Regional Board will participate in an extensive study starting this month and continuing through September 2002 that tests fifteen locations in the Bay and in its tributaries for viruses, the three bacterial indicators, and f specific coliphage. See the following chart for the testing locations. OC CoastKeeper will collect the samples and Dr. Jiang and her lab crew will test the samples. Sampling Locations for Baywide Viral/Bacterial Testing Locations # Samples /Site Sample Size: Time of Day: # of Samples SantaAna Delhi- Mesa split 1 -loom) 81 carbuoy start: 0600 end: 1000 8 100 ml, 8 carbuoys SantaAna Delhi- University split 1. 100.181 carbuoy start: 0600 end: 1000 8 100 ml, 8 carbuoys San Diego Ck- Campus split 1 -100ml a 1 carbuoy start 0600 end: 1000 8 100 ml, 8 carbuoys 43rd Street split 1 -100ml a 1 carbuoy start- 0600 end: 1000 8 100 ml, 8 carbuoys Big Canyon Wash split 1 -looml 6l carbuoy start: 0600 end: 1000 8 100 ml, 8 carbuoys Northstar Beach split 1 -1 oom181 carbuoy start: 0600 end: 1000 8 100 ml, 8 carbuoys Newport Dunes East -whale split 1 -100.1 a 1 camuoy start 0600 end: 1000 8 100 ml, 8 carbuoys Newport Dunes East-outside swim split 1- loom181 carbuoy start 0600 end: 1000 8 100 ml, 8 carbuoys Newport Dunes North split 1 -1 oom181 carbuoy start: 0600 end: 1000 8 100 ml, 8 carbuoys Bayshore Beach split 1- 10om181 carbuoy start: 0600 end: 1000 8 100 ml, 8 carbuoys Balboa Yacht Basin split 1 -10oml 81 carouoy start: 0600 end: 1000 8 100 ml, 8 carbuoys 10th St Beach split 1 -10om1 61 carbuoy start: 0600 end: 1000 8 100 ml, 8 carbuoys Garnet Ave Beach split 1 -100m1 61 carbuoy start: 0600 end: 1000 8 100 ml, 8 carbuoys Harbor Patrol Beach split 1 -100.1 81 carbuoy start: 0600 end: 1000 8 100 ml, 8 carbuoys Rocky Pt. Beach split 1- 100.181 carbuoy I start: 0600 end: 1000 1 8 100 ml, 8 carbuoys Expert Help - the TAG. A study Technical Advisory Group (TAG) oversees these studies with me - the TAG includes: • Linda Candelaria, Regional Board • Stephanie Gasca, Regional Board • Larry Honeybourne, OC HCA • Dave Kiff, City of Newport Beach • Monica Mazur, OC HCA • Charlie McGee, Orange County Sanitation District • Jack Skinner, Newport Beach resident • Wanda Smith, Regional Board Costs. The total cost for the TESTING component (Dr. Jiang's work) will be $166,920.00, which is about $1,490 per test (for the Baywide virus testing). This amount includes a 15% charge for overhead for UC, a significant reduction from the 50% overhead charged last year. Dr. Jiang is the only person who does this type of testing ( "RT -PCR ") locally, so I decided to propose this contract as a sole - source contract. The total cost of the SAMPLING component (OC CoastKeeper's work) is about $29,000.00. This contract will not be before the Council because it can be approved by the City Manager per the City Charter. The $195,920.00 is budgeted in the City's FY 2001 -02 Capital Improvement Program (CIP #7251- C5100596). THIS AGENDA This Agenda Item authorizes the Mayor to execute a contract with the Regents of ITEM: the University of California to perform baywide bacterial and viral sampling in accordance with the obligations of the Fecal Coliform TMDL. ATTACHMENT: Attachment A - Contract with the Regents of the University of California q . COUNCIL AGENDA No ? S -c)?-off • PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this th day of May 2002, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and The Regents of the University of California, on behalf of its Irvine campus (hereinafter referred to as "Consultant'), 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 desires to engage Consultant to provide staff services for BacterialNiral Source Tracking of Tributaries to Newport Bay ('Research Project "). C. The principal investigator of Consultant is, for purpose of this Research Project, Dr. Sunny Jiang ( "Principal Investigator'). • D. City has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms and conditions provided 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 28th day of May 2002, and shall terminate on the 27th day of May 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the Scope of Services, attached as Exhibit "A" and incorporated herein by reference. 1 3. COMPENSATION TO CONSULTANT • City shall pay Consultant for the services in accordance with the provisions of this Section and the Research Project budget, attached as Exhibit "B" and incorporated herein by reference. No budget changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of one hundred sixty six thousand, nine hundred and twenty dollars ($166,920.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including testing supplies. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following • costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's • supervision. Consultant represents that it possesses the professional and technical 2 • personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with the university's 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. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an 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 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 details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only with respect to the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with Dave Kiff, Assistant City Manager, the City's designated Research Project administrator ( "Project Administrator"), and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Research Project. 7. PROJECT MANAGER Consultant shall assign responsibility for the Research Project to a Principal • Investigator, who shall coordinate all phases of Consultant's efforts on the Research Project. The Principal Investigator shall be available to City at all reasonable times during the Research Project term. Consultant has designated Dr. Sunny Jiang to be its 3 Principal Investigator. Consultant shall not bill any personnel to the Research Project other than those personnel identified in Exhibit "B ", whether or not considered to be key • personnel, without City's prior written approval by name and specific salary rate. Consultant shall not remove or reassign the Principal Investigator designated in this Section or assign any new or replacement Principal Investigator to the Research Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to replacement of the Principal Investigator. Consultant warrants that it will continuously furnish the necessary personnel to complete the Research Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Research Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance • in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, e-mail, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Research Project proceeds in a manner consistent with City goals and policies. E 4 • 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal • injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, but only in proportion to and to the extent such loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages are caused by or result from the negligent or intentional acts or omissions of Consultant, its officers, agents, or employees. City shall indemnify, defend, save and hold harmless Consultant, its trustees, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of City, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, but only in proportion to and to the extent such loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages are caused by or result from the negligent or intentional acts or omissions of City, its officers, agents, or employees. Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees in any action on or to enforce the terms of this Agreement. • 13. INSURANCE • Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement self - insurance or policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. 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 Bests Key Rating Guide: unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 • million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Research Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given. in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. Consultant agrees that, in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability • insurance to either Consultant or City with respect to the services of Consultant herein, N • a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any for the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement and delivered to City shall be the exclusive property of City. 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. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY Because the City deems the Scope of Services outlined in Attachment A to be of benefit to a wide variety of constituencies, the City and its Consultant apply no specific confidentiality limitations on any information which results from the services in this Agreement. Both parties reserve the right to retain any information as confidential if agreed to by both parties. 17. ADMINISTRATION This Agreement will be administered by the City Manager's Department. Dave • Kiff, Assistant City Manager, shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Assistant City Manager or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 18. 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 be clearly identifiable. Consultant shall a and make transcripts or copies of su Consultant shall allow inspection of al activities related to the Agreement for a 1 payment under this Agreement. 19. WITHHOLDINGS under this Agreement. All such records shall ow a representative of City to examine, audit ;h records during normal business hours. work, data, documents, proceedings and eriod of three (3) years from the date of final City may withhold payment 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 designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 20. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Research Project. 21. CONFLICTS OF INTEREST A. 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 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. B. 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 termination of this Agreement by City. Consultant shall indemnify and 0 r�L • E • hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 22. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 23. NOTICES All notices, demands, requests or approvals to be given under 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: City of Newport Beach • City Managers Office 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 949/644- 3002(phone) 949/644 -3020 (fax) All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Doug Bickham Contracts Officer Sponsored Projects Administration University of California, Irvine 160 Administration Building Irvine, CA 92697- 1875 (949) 824- 2644 (phone) (949) 824- 2094 (fax) 24. TERMINATION • In the event either party hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in 0 default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default • and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. City or Consultant shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to the other party as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 25. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 26. 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. 27. 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. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. • 10 0 • APPROVED AS TO FORM: By: Robert Burnham City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Tod W. Ridgeway Mayor for the City of Newport Beach CONSULTANT The Regents of the University of California 11 Sunny Jiang 05/24/2002 Scope of Work • Determining the Relationships Between Fecal Indicators and Human Pathogenic Viruses in Newport Bay Watershed Phase H Background and Objectives: The microbial quality of water is a prime public health concern in today's world. It is estimated that the risk of becoming ill as a result of microbial contamination of food and water is 100,000 times greater than the risk from pesticide contamination (WHO 1993). To protect public health, the World Health Organization and the U.S. Environmental Protection Agency have established microbial pollution indicator standards and recommended routine monitoring of water for fecal bacterial indicators (Dufour, 1984, U.S. EPA 1986,1994, WHO 1993). Coastal recreational water quality standards in California, and throughout most of the world, are based on the concentration of total coliform, fecal coliform, and enterococcus groups of indicator bacteria (Barham and Rees 2000). However, the adequacy of current water quality standards to indicate the presence or absence of human pathogens is still questionable. For example, human viruses are more resistant to sewage treatment processes and environmental conditions than bacterial indicators and therefore may pose a substantial threat. It is now recognized that the absence, or a low concentration, of indicator organisms in water may not adequately reflect the absence of human viruses. Waterborne infectious viruses are suspected to • be more important than current knowledge suggests because viral diseases are hard to identify by current diagnostic techniques. While the causative agent of nearly 50% of all acute gastrointestinal illnesses cannot be identified (Center for Disease Control, 1988, 1990, 1991, 1993) most of these illnesses are suspected to be caused by viruses. Therefore, viral quality of recreational coastal water is of particular importance and a rising public health concern. Newport Bay, California is an important estuarine system in Southern California. Tourists worldwide visit this area for boating, kayaking, sailing, swimming and other water recreational activities. To protect public health and the beneficial use of this valuable resource, the State Water Quality Control Board requires strategies to be developed and stepwise implemented to improve Newport Bay water quality to meet recreational standards (REC -1) by the year 2014. With the goal of understanding the relationship between fecal indicator bacterial concentrations and human pathogenic viral loads in this watershed, the specific objectives of this study are the following: 1. To statistically determine the relationships between enteric viruses and fecal indicators (total coliform, fecal coliform, enterococcus and F- coliphage) in the watershed; 2. To determine the presence and distribution of F- specific coliphage and enteric viruses in various locations in Newport Bay and its tributaries using culture enrichment and polymerase chain reaction (PCR) analysis, respectively; 3. To investigate the viral infectivity by combining PCR with tissue culture analysis (integrated PCR tissue culture assay). • Sunny Jiang 05/24/2002 is Project Approach Results from the phase I & II Newport Bay water quality investigation conducted during the summer of 2000 and 2001 indicated that the occurrence of enteroviruses did not statistically correlate with the abundance of total coliform, fecal coliform and enterococcus. However, in all cases when there was a presence of enterovirus, the enterococcus number was always greater than the current AB411 standards (100 CFU /100ml). Only a few locations around the Bay were sampled repetitively to produce a statistically valid analysis of the relationship between viruses and indicators. This proposed study will expand sampling locations and frequencies for human viral testing, guided by a desired statistical sensitivity and power. In addition, more than one virus will be included in our detection effort because the presence of viral contamination in the watershed may shift with the human disease load and the populations harboring the disease (either symptomatic or asympotomatic) in a local community. Sampling Plans The proposed sampling locations and frequencies are listed in Table 1. A total of 15 locations around the Newport Bay will be sampled 8 times between May 22, 2002 and September 24, 2002. Three to five liters of water samples will be collected from each site and split for detection of fecal bacterial indicators, enteric viruses and coliphage. Table 1. shows the proposed • sampling schedule and parameters that will be determined at each location. All water samples for viral testing will be collected between 6 to 9 am in the morning and processed within 4 -6 hours of collection. Simultaneously, the temperature and salinity of the water will also be measured in situ to provide background information on basic environmental conditions. The tidal cycles will be noted at the stage of data analysis. All data collected will be logged into a database on the same day of the sample collection. Detection of Enteric Viruses A minimum of 500ml of water from each site will be concentrated using a Centriplus ultrafiltration system (Millipore Inc.) to a final volume of —500 µl. This 1000 fold concentration factor will allow detection of viruses at a concentration greater than 200 genomes per liter of water. The final concentrates will be slit and stored frozen until analyzed by PCR and tissue culture. Viral nucleic acid extraction and purification will follow the method originally developed by Boom et al. (1990) with minor modifications. This method uses guanidinium thiocyanate (GuSCN) with Triton X -100 to lyse viral particles and silica beads to absorb nucleic acid, allowing effective purification of DNA and RNA at the same time. In brief, 50 µl of viral concentrate are lysed by 900 µl of GuSCN lysis buffer at room temperature for 10 min. Then 40 µd of silica particles are added and nucleic acids absorbed at room temperature for 10 min with gentle shaking. Silica beads are pelleted, washed and dried. The nucleic acid will is then eluted from the beads using 50 µl TE buffer at a temperature of 56 °C. The purified nucleic acid will be • used for detection of human viruses by PCR or RT -PCR as described below. This method has been shown to be effective at purification of viral nucleic acid from seawater concentrates, river Sunny Jiang 05/24/2002 water and sewage effluent. Alternatively, we will use commercial RNA and DNA purification kit • for extraction. Primers for specific amplification of the target viral genomes are shown in Table 2. The procedure for RT -PCR of enterovirus will follow the protocol developed by Tsai et al. (1993) with a modification of the total reaction volume. Amplification products will be further confirmed by probing with internal oligonucleotide probes after southern transfer of DNA. Probing will also increase the detection limit of the PCR amplification product. For adenovirus detection, a nested PCR protocol will be used as previously described by Pina et al. (1998). This procedure has been successfully used in my laboratory for detection of viruses in coastal waters. Determine the Viral Infectivity by Integrated Cell Culture PCR To compare viral infectivity with PCR results, the frozen concentrate will be used for integrated cell culture PCR as described by Ballaster et al. (2000). This portion of the study will be conducted during the second year of the project once initial PCR screening has been completed. Final results from these analyses will be integrated with the results on the presence of human viruses by direct PCR, standard fecal indicators, coliphage and basic environmental parameters. Quantification of F- specific Coliphage by Culture Enrichment Five -tube enrichment will be used to determine the most probable number (MPN) of the phage. For MPN determination, five 100 -m1 water samples from each site were amended with 5 ml sterile 11 x TSB medium, 1 ml E. coli host and antibiotics. Negative controls will contain five • tubes of 100 -m1 sterile DI water amended with nutrient medium, E. coli host and antibiotic as in regular sample assay. The enrichment cultures will be incubated at 37 °C for 24 hours before spot testing for the presence of F- specific coliphage. For replicate spot testing, 1 ml of log phase E. coli host will be mixed with top agar and overlayed onto TSB agar plates containing antibiotics to form an even bacterial lawn. Two microliters of each enrichment culture was spotted onto the freshly prepared bacterial lawn. Plates are incubated at 37 °C for 8 to 16 hours. Clearing spots are scored and the MPN calculated using Thomas' formula (Clesceri et al. 1998). Statistical Analysis to Determine the Relationship Between Human Viruses and Fecal Indicators Statistical analysis of the entire data set will be performed during the second project year when all tests for all samples are completed. Both linear regression analysis and multiple regression analysis will be conducted using the data set. The concentration of fecal indicators, human viruses and coliphage may be natural log transformed to achieve normal distribution. Human viruses will be used as the dependent variable and all other measured factors will be used as independent variables in the linear regression analysis. The relationship between independent variables will be examined by analysis of variance (ANOVA) to ruleout of the possibility of covariance. Other statistical analysis may also be used if considered necessary when data • RI Sunny Jiang 05/24/2002 • becomes available. All statistical analyses will be performed using the SAS or SPSS software packages (SPSS Inc. Chicago, IL). Table 1. Sampling Sites and Schedule for Summer 2002 Study • • Sampling Sites Fecal indicator bacteria 'hot spots' 1 Santa Ana Delhi Channel at Mesa 2 Santa Ana Delhi Channel at University 3 San Diego Creek at Campus 4 Lower Newport Bay at 43rd Street 5 Big Canyon Wash High recreational use sites 6 North Star Beach 7 Newport Dunes North ( @Bridge) 8 Newport Dunes Inside Roped Swimming Area 9 Bayshores Beach 10 Balboa Yacht Basin 11 10th Strett Beach or 19th Street Beach 12 Garnet Avenue Beach (on Balboa Island) 13 Harbor Patrol Beach 14 Rocky Point Beach 15 Newport Dunes Outside Roped Swimming Area Sampling Dates May 22, 2002 May 28, 2002 June 10, 2002 July 6, 2002 July 22, 2002 August 7, 2002 September 3, 2002 September 22, 2002 Assay to be performed on each sample Environmental Parameters Temperature Salinity Conductivity Fecal indicators Total coliform, Fecal coliform, Enterococcus F- specific coliphage- enrichment Total 15 samples per day Special Notes First Day after Memorial Day Saturday- During July 4th long weekend First Day after labor day weekend Sunday Total 8 times per summer rd Sunny Jiang 05/24/2002 Enteric viruses by PCR viruses Infectivity assay Total number of samples 120 Note: Dr. Jiang may perform adenovirus detection tests using the same samples. Table 2. PCR primers and probes for virus detection Target Primer and probe sequences Amplicon and viruses target Pan- Upstream, 5'- CCTCCGGCCCTGAATG -3' 197 -bp highly enterovirus Downstream, 5'- ACCGGATGGCCAATC -3' conserved 5' Probe, 5'- TACTTTGGGTGTCCGTGTTTC -3' untranslated region. Adenovirus First upstream, 5'- GCCGCAGTGGTCTTACATGCACATC -3' 301 -bp Hexon First downstream, 5'- CAGCACGCCGCGGATGTCAAAGT -3' Nested upstream ,5' - GCCACCGAGACGTACTTCAGCCTG -3' 143 -bp Hexon Nested downstream 5'- TTGTACGAGTACGCGGTATCCTCGCGGTC-3' 5 • • • "V 6 Budget Justification for "Determining the relationship between fecal indicators and human pathogenic viruses in Newport Bay Watersbed ". • A. PERSONNEL PI: Sunny Jiang will be in charge of the research work done on the Newport Bay Project, located in the Newport Bay waters. She will devote 10% of her time during the academic school year and summer to direct the sampling plan, sample analysis and preparation of the final report. All salaries and wages were estimated using UCI's academic and staff salary scales. Postgraduate Researcher to be announced at a later date will be helping Dr. Jiang in conducting her research and collecting samples of water from Newport Bay. He /She will analyze the samples for the occurrence of human viruses by PCR and tissue cultures on this project. The Postgraduate Researcher will devote 100% of its time during the academic school year and summer. Lob Assistant to be announced at a later date will help Dr. Jiang and the Post -Doc on analyzing the samples collected for the presence of F- specific coliphage and other environmental parameters. This person will work at a rate of 25% during the fiscal year. Anticipated cost of living increases effective 10/01/02 are 2% for academic personnel and staff. The fringe benefits are calculated at the composite rate of 17% for Professor's and Post Graduate Researcher's during the academic school year. Lab • Assistant's fringe benefit rate is calculated at the composite rate of 5.2 %. B. SUPPLIES Material and Supplies the cost will cover particular materials and supplies such as; molecular reagents, enzymes, microbiological media, tissue culture supplies and media, disposable plastic ware, nylon membrane, automatic pipettes, and glassware. All costs are based on previously purchased and presently used chemicals, reagents and supplies and on catalogue prices. C. Publication Publication cost will cover any materials or supplies etc., that go along with publishing information on the results founded during the research of microbial contamination of food and water. D. Facilities and Administrative In accordance with the City of Newport Beach policy on research contracts, the indirect costs have been limited to 15% on this proposal. E Detailed Budect Outline Cost Category items Period 5/01/02- 4/30/04 Salaries and Wages PI: Sunny Jiang, Ph.D. - 10 %MOS 24 $ 11,092 TBN, Postdoc PGR II - 100% Mos 24 $ 68,944 TBN, Lab assistant II, Ste 1 - 25% Mos 24 $ 9,988 Subtotoal Salaries $ 90,024 Fringe Benefits PI: Sunny Jiang -17% TBN, Postdoc PGR II -17% TBN, Lab Assistant II, Step 1 -5.2% Subtotal Fringe Benefits $ $ $ $ 1,885 11,720 519 14,124 Total salary and Benefits $ 104,148 Non-expendable Equipment Items N/A Materials/Supplies $ 40,000 Travel N/A Computing N/A Other Costs/Publication Costs $ 1,000 Total Direct Costs $ 145,148 Facilities and Administration Rate (overhead) 15.00 %* 145,145 = 21,772 $ 21,772 TOTAL COSTS $ 166,920 Cost per Sample Direct Cost 112 Samples each@ 1296 Indirect $194 $ Total Per Sample Cost 1,490 40 • •