HomeMy WebLinkAboutC-3263 - DNA Study of Contaminants to Newport Bay - Newport Bay Water Quality Studies (Agreement Number: 99-074-180-03)Winston H. Hickox
Secretary for
Environmental
P. '-1;.
State Vjigter Resources C
oard
Division of Administrative Services
1001 I Street • Sacramento, California 95814 • (916) 341 -5082 • FAX (916) 341 -5060
Mailing Address: P.O. Box 100 • Sacramento, California 95812 -0100
Internet Address: biro; / /a- rra•swrCb.caetry
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SEP 1 0 NO3
Dave Kiff
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658
Agreement Number: 99 -074 -180 -03
Enclosed for your records is a fully executed copy of the above - referenced Agreement. Please take a few
minutes to thoroughly read through it to be sure you understand all the terms and conditions.
Request for payment of services completed outside the term of this contract WILL NOT BE PAID. It is
imperative that you notify your State Water Resources Control Board ( SWRCB) Project Representative
immediately, in writing, of any changes or delays that may impact the scope of work or term of this
Agreement.
If you have any questions about this Agreement, please contact the SWRCB Project Representative
responsible for this Agreement.
Contracts Section
Division of Administrative Services
Enclosure(s)
SWRCB (Rev. 1/99)
California Environmental Protection Agency
4% Recvcled Paver
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STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 9101)
® CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 9 Pages AGREEMENT NUM.
i
State Water Resources Control Board
CONTRACTOR'S NAME
City of Newport Beach
2. The term of this
Agreement is December 1, 1999 through December 31, 2003
3. The maximum amount of this $607,000
Agreement after this amendment is: Six hundred seven thousand dollars
4. The parties mutually agree to this amendment as follows.. All actions noted below are by this reference made a part
of the Agreement and incorporated herein:
Standard Agreement No. 9-074- 180 -0, originally made and entered into on December 1, 1999, Amendment
No. 1 dated January 14, 2001, and Amendment No. 2 dated June 28, 2001 is hereby amended on February 13,
2003 in the following particulars and no others:
1. Std. 213, Item 2, "Term of this Agreement' is amended by deleting reference to June 1, 2003 there from
and inserting December 31, 2003 in place thereof (a 6 -month time extension).
2. Std. 213, Item 3, "Maximum Amount of this Agreement' is amended by deleting reference to $575,000,
five hundred seventy-five thousand dollars, there from and inserting $607,000, six hundred seven
thousand dollars.
3. Exhibit A, Scope of Work is amended to revise Section A, Scope and Objectives; Section B, Subtasks
2.1, 4.1, 5.1, and 5.2; Section C, Schedule of Completion Dates; and Section D, Reports. Deletions are
noted in strikeout, followed by revisions in bold and underlined, as attached (6 pages).
4. Exhibit B, Budget and Payment Provisions, Section A, Budget is amended to reflect a funding increase
for $32,000; and revise Section B to include, Limitation for Funding for total Agreement amount not to
exceed $607,000. Revisions are noted in bold and underlined, as attached (3 pages).
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
than an individual, state whether a corporation, partnership,
City of Newport Beach
BY (Authorized S' to ) DATE �JGNED (90nO type)
AND
ADDRESS
OF PERsdh SIGNING
3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658
STATE OF CALIFORNIA
Department of Genera) Services
Use Only
APPROVED
$EP - 5 2003
DEPT OF GENERAL SERVICES
AGENCYNAME
State WAiter Re ources Control Board
BY (A o'ed Signa DATE GNE (Donottype) �
PRIM ED NAME PPD TITLE OF PERSON SIGNING El exempt per:
Bil Brown, Chief, Division of Administrative Services
1001 1 Street, Sacramento, CA 95814
EXHIBIT A — SCOPE OF ARK
PROJECT OFFICIALS
0
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
The State Water Resources Control Board's ( SWRCB) Contract Manager shall be Linda
Candelaria of the Santa Ana Regional Water Quality Control Board ( SARWQCB). The Contract
Manager shall be the day -to -day representative for administration of this Agreement, and except
as otherwise specifically provided, shall have full authority to act on behalf of the SWRCB with
respect to this Agreement. The SW RCB's Executive Director, or designee, may also perform any
and all acts, which could be performed by the Contract Manager under this Agreement. Except as
otherwise expressly provided, all communications relative to this Agreement shall be given to the
Contract Manager.
The Contractor's Project Director shall be Dave Kiff, Assistant to the City Manager of the City of
Newport Beach. The Project Director shall be the Contractor's representative for the
administration of the Agreement and shall have full authority to act on behalf of the Contractor. All
communications given to the Project Director shall be as binding as if given to the Contractor.
The parties may change their Contract Manager or Project Director upon providing ten (10) days
written notice to the other party.
2. WORK TO BE PERFORMED
A. Scope and Objectives
The Orange County Health Care Agency ( OCHCA) monitors beaches throughout Newport Bay
and the City of Newport Beach to determine concentrations of various indicators of bacterial and
pathogenic water pollution. The OCHCA uses this monitoring data to determine if the water
quality at the beaches is suitable for body contact recreation. The OCHCA will close beaches to
body contact recreation when the concentrations of the indicators exceed water quality objectives.
The OCHCA monitors beach water quality for total coliform bacteria, E. coli bacteria fecal
conform instead of E. coff as of January 2000), enterococci, and other suitable indicators of
water pollution from pathogens, and conducts sanitary surveys to determine the sources of
pollution when the indicators exceed water quality objectives.
Based on the water quality monitoring conducted by the OCHCA, and the closure of numerous
beaches to body contact recreation throughout Newport Bay, the SARWQCB has listed Newport
Bay as water quality limited, in accordance with Section 303(d) of the Clean Water Act. The
SARWQCB determined that water quality in the Bay does not currently meet water quality
objectives established by the SARWQCB for the protection of body contact recreation and
shellfish harvesting beneficial uses. On April 9, 1999, the SARWQCB adopted amendments to
the Water Quality Control Plan for the Santa Ana River Basin (Basin Plan), establishing a Total
Maximum Daily Load (TMDL) for Fecal Collform in Newport Bay. The TMDL includes
requirements for the City of Newport Beach, and other responsible parties, to determine the
sources of pollution causing the beach closures, and to develop and implement control measures
for these sources to ensure compliance with water quality objectives.
The work to be performed under this contract includes the collection and analysis of water
samples to assist the OCHCA and the City of Newport Beach in determining the sources of
bacteriological water pollution at numerous locations throughout the City. The work includes the
collection and analysis of water samples from numerous storm drains and tributaries that
discharge into Newport Bay, and city beaches and marinas to determine the sources of fecal
coliform in the discharges. The City intends to subcontract with the OCHCA, and the laboratories
of Rachel Noble, Ph.D., (SCCWRP, USC) and Sunny Jiang, Ph.D., (UC- Irvine) for the analysis of
Page 1 of 6
EXHIBIT A — SCOPE OF PRK
0
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
the water samples, OCHCA will analyze the samples for total and fecal coliform, F Co" and
eateresseesi enterococci, Rachel Noble will perform RT -PCR to determine the presence of
enteroviruses, and Sunny Jiang will analyze the samples for male specific bacteriophage (F +RNA
coliphages.). All analyses will be conducted on split samples. This work will help to determine
whether there are human sources of bacteria /viruses, as well as to identify the most highly
polluted tributaries /drains.
Traditional bacterial indicators have long been used to assess water quality for the protection of
human health (based on AB 411 standards), in lieu of direct measurement of pathogens, which
are is both time - consuming and expensive. It has been shown that the highest swimmer - related
health risks are related to the presence of human viruses (enteroviruses, adenoviruses); however,
to date, there are few data that show a direct correlation between traditional indicators and human
viruses. This correlation needs to be tested and documented.
Complicating this matter are the methods of detection for human viruses. At present, there are
several new detection methods for human viruses including RT -PCR, but there is no correlation
between RT -PCR and traditional infectivity studies. RT -PCR is a method that gives positive
results for the presence of enteroviruses, including enterovirus fragments; however, the
relationship between positive results from RT -PCR and the presence of infectious virus particles
is also unknown.
The work to be performed under this contract will investigate the relationship between traditional
bacterial indicators, bacteriophages, and human enteroviruses (by RT -PCR and traditional viral
infectivity studies) in the waters of Newport Bay and its major tributaries. Water samples will be
analyzed for traditional bacterial indicators (including total coliform, fecal coliform, E. coli, and
enteroccocci), bacteriophage, and human viruses (by RT -PCR and infectivity studies). The
relationship between bacteria /human viruses in sediments compared to the water column is also
unknown. This relationship will also be investigated if time /funds permit. The City of Newport
Beach intends to contract with Sunny Jiang, P.D. (UC Irvine), Orange County Sanitation
District (OCSD), and Orange County (OC) Coastkeepers for this work.
The Contractor shall be responsible for the performance of the work as set forth herein below and
will be completed in cooperation with its subcontractors, the OCHCA, OCSD, and /or other certified
labs, SCCWRP (Rachel Noble) and UCI (Sunny Jiang).
Vessel waste work will be contracted to Stan Grant, Ph.D. (UC Irvine).
B. Work:
Task 1 - Project Management
1.1 Project Management
Provide all technical and administrative services as needed for project completion as described
under the scope of the contract, including but not limited to staff resources for monitoring,
supervising, and reviewing all work performed, coordination of budgeting, scheduling, and
subcontract administration.
Page 2 of 6
EXHIBIT A— SCOPE OF ARK
1.2. Quarterly Progress Reports
0
SWRCB No. 9- 074- 180 -03
City of Newport Beach
Prepare and submit written quarterly progress reports to the Contract Manager. The progress
reports shall detail work accomplished, discuss any problems, detail costs incurred during the
subject quarter, and document delivery of any intermediate work products. A brief outline of
upcoming work scheduled for the subsequent quarter shall also be provided. Submit progress
reports to the Contract Manager no later than the fifteenth day of the month immediately following
each calendar quarter throughout the duration of the project.
1.3 Subcontractor Selection
Award subcontracts as necessary to qualified consultants. The subcontractors shall be selected
by a process that complies with applicable state and federal regulations. Prepare a legally
enforceable Agreement between the Contractor and selected subcontractors. The Agreement
shall describe the scope of work and the products expected from the subcontractors. Submit draft
contract documents to the Contract Manager for review and approval prior to execution.
1.4 Project Survey Form
At the completion of the project and prior to final payment, the Project Director shall complete and
provide a project survey form to be included with the final report.
Product. Quarterly Progress Reports, Subcontractor Selection, and Project Survey Form.
Task 2 - Storm Drain and Tributary Sampling
2.1 Sampling Plan for Storm Drains and Tributaries
Prepare a draft sampling plan for: 1) the Back Bay Drive storm drain that discharges into the
Dunes Resort embayment; 2) San Diego Creek; 3) Santa Ana Delhi Channel; 4) Big Canyon
Wash; SjIlusk 6u{4y and the storm drains that discharge into Newport Bay at 6 5) the Arches;
7 6) 43rd St.; 6}33 ; and 7) Pacific Coast Highway
Bridge. (Site locations subject to adjustment.) The sampling plan shall identify who will collect
the samples and the time and frequency of sample collection at each location specified. The
sampling plan shall provide for the analysis of the samples for total and fecal coliform,
enterococci, and E. coli bacteria, F +RNA coliphage, and enteroviruses. Specifically,
enteroviruses will be detected by RT -PCR, which determines the presence of these viruses. This
method may be performed in a MPN type manner, which yields semi - quantitative results. (Note:
An absence of enteroviruses in a sample does not mean viruses are not present at the sampling
site). Submit the draft sampling plan for review and approval by the Contract Manager.
2.2 Implementation of Sampling Plan for Storm Drains and Tributaries
Implement the Draft Sampling Plan described above upon approval by the Contract Manager.
Product. A technical report of the analytical results showing the bacterial water quality, including
the bacterial indicators, male - specific bacteriophages and enteroviruses described above for the
storm drains and tributaries identified.
Page 3 of 6
EXHIBIT A — SCOPE OF ARK
0
SWRCB No. 9- 074- 180 -03
City of Newport Beach
Task 3 - Evaluation of Swimmer Shedding of Bacteria/Viruses in the Dunes Embayment
3.1 Sampling Plan for Evaluating Swimmer Shedding of BacteriaNiruses in the Dunes
Embayment
Prepare a draft sampling plan for evaluating the extent and type of bacterial shedding from
swimmers in the Dunes Resort embayment. The sampling plan shall identify who will collect the
samples and the time and frequency of sample collection at locations within the Dunes Resort
embayment. The sampling plan shall provide for the analysis of the samples for total and fecal
coliform, enteroccocci, and E. coli bacteria, F +RNA coliphage, and enteroviruses. Specifically,
enteroviruses will be detected by RT -PCR or infectivity studies, whichever is determined to be
more suitable for this study. RT -PCR determines the presence of enteroviruses, although it may
be performed in a MPN type manner, which yields semi - quantitative results. (Note: An absence
of enteroviruses in a sample does not mean viruses are not present at the sampling site.) Other
potential sources of bacteria /viruses will also be investigated during this study. Submit the draft
sampling plan for review and approval by the Contract Manager.
3.2 Implementation of Sampling Plan for Evaluating Swimmer Shedding of
BacteriaNiruses in the Dunes Embayment
Implement the Draft Sampling Plan described above upon approval by the Contract Manager.
Product: A technical report of the analytical results from the samples collected to evaluate
shedding of bacteria/viruses from swimmers (and other sources, if any).
Task 4 - Evaluation of Vessel Waste Sources of Bacteria
4.1 Sampling Plan for Vessel Waste
Prepare a draft sampling plan for evaluating vessel waste in several marinas throughout Newport
Bay. The sampling plan shall identify who will collect the samples, the time and frequency of
sample collection, and the location of sampling. The sampling plan shall provide for the analysis
of the samples for total and fecal coliform, E. coli, enterococci and F +RNA coliphage. Submit the
draft sampling plan for review and approval by the Contract Manager. Other sources of bacteria
to marinas, such as storm drains and pumpout stations and pipes, may also be examined
as time and funding permit.
4.2 Implementation of Sampling Plan for Vessel Waste
Implement the draft sampling described above upon approval by the Contract Manager.
Product: A technical report of the analytical results from the samples collected to evaluate vessel
waste contribution of bacteria.
Page 4 of 6.
EXHIBIT A— SCOPE OF ARK
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
Task 5 - Comparison of Traditional Bacterial Indicators, Human Viruses and Coliphage
Analyses
5.1 Sampling Plan for BacteriaNirus /Coliphage Comparison
Prepare a draft sampling plan for selected sites of high concern in the waters of Newport Bay, and
its tributaries, based on historically high bacterial data, and Phases I and II of this project. These
sites will most likely be: Fecal Indicator bacterial hot spots including (1) the BaGk Bay DFive
(21) San Diego Creek (Campus
and MiGhelson ); (3 2, 3) Santa Ana Delhi Channel (Mesa and University sites); (4) Big
Canyon wash, (5) Lower Newport Bav at 43rd St; and High use recreational sites such as the
Northstar Beach, Newport Dunes — several sites. Balboa
subject to adjustment. The sampling plan shall identify who will collect the samples, and the
time and frequency of sample collection at each location specified. Water samples from each
location will be split and simultaneously analyzed for total coliform, fecal coliform, E. coli,
enteresecsi enterococci, F +RNA coliphage, enteroviruses, and salinity. Adenoviruses will also
be investigated if time and funds permit. Enteroviruses will be analyzed by RT -PCR and
traditional viral infectivity studies. RT -PCR is a method that gives positive results for the presence
of enteroviruses, including enterovirus fragments. This method may be performed in a MPN type
manner, which yields semi - quantitative results. (Note: An absence of enteroviruses in a sample
does not mean that viruses are not present at the sampling site.) Salinity will be analyzed for all
water samples so that correlations between salinity and bacteria /viruses may be evaluated.
The sampling plan should allow for a statistically significant comparison of traditional bacterial
indicators, coliphage, and enteroviruses detected by RT -PCR and infectivity studies. If time and
funds permit, sediment samples will be collected from several sites and bacterial /viral analyses
performed to investigate the relationship between bacteria /human viruses in sediments compared
to the water column.
Submit the Draft Sampling Plan for review and approval by the Contract Manager.
5.2 Implementation of Sampling Plan for BacteriaNirus /Coliphage Comparison
Implement the Draft Sampling Plan described above upon approval by the Contract Manager.
Product. A technical report of the analytical results showing bacterial, viral, and coliphage
analysis, and salinity, including comparisons /trends between these parameters. (Report will
include comparison between water column and sediment analysis, if sediment analysis analyses
are performed.)
Page 5 of 6
0
EXHIBIT A — SCOPE OF WORK
C.
LZ
SCHEDULE OF COMPLETION DATES:
0
SWRCB No. 9- 074- 180 -03
City of Newport Beach
Task
Description
Completion Date
1
Project Management
1.1
Project Management
Ongoing
1.2
Quarterly Progress Reports
Beginning September 15, 2000,
and Quarterly thereafter.
1.3
Subcontractor Selection
Ongoing
1.4
Project Survey Form
November 1 2003
2
Storm Drain and Tributary Sampling
2.1
Sampling Plan for Storm Drains /Tributaries
July 31, 2000
2.2
hn lementation of Sampling Plan Report
January 1, 2002
3
Evaluation of Swimmer Shedding of Bacteria/Viruses in the Dunes
Emba meat
3.1
Sampling Plan for Evaluating Swimmer
Shedding
May 31, 2001
3.2
1 Implementation of Sampling Plan Report
April 1, 2002 May 1 2003
4
Evaluation of Vessel Waste Sources of Bacteria
4.1
Sampling Plan for Vessel Waste
I July 31, 2001
4.2
Implementation of Samplin Plan Report
1 042 May 1 2003
5
Comparison of Traditional Bacterial Indicators, Human Viruses /Coliphage
Anal ses
5.1
Sampling Plan for Bacteria/Virus /Coli ha e
May 31, 2001
5.2
Implementation of Sampling Plan Report
septembe, 1, 2002 Ma 1 2003
Final Project Report
November 1 2003
REPORTS
a. Not later than September 15, 2000, and quarterly thereafter, during the life of this contract the
Project Director shall provide a written progress report to the Contract Manager describing
activities undertaken, accomplishment of milestones, and any problems encountered in the
performance of the work under this Agreement, and delivery of intermediate products, if any.
b. The Project Director shall submit to the Contract Manager for approval the reports containing
the results of the work performed in accordance with the schedule of this Exhibit.
c. Not later than April 1 -, 2003 November 1. 2003, the Project Director shall submit to the
Contract Manager a final report of all the monitoring data collected pursuant to this contract.
Page 6 of 6
EXIBHIT B — BUDGET AND PAYMENT PROVISIONS
A. BUDGET
B.
TASK BUDGET
0
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
Task No.
Description
Previous
Amount
Amended
Amount
Revised
Budget
Amount
1
Project Management
1.1
Project Management
$ 1,000
$ -0-
$ 1,000
1.2
Quarterly Progress Reports
$ 1,000
$ -0-
$ 1,000
1.3
Subcontractor Selection
$ 1,000
$ -0-
$ 1,000
1.4
Project Survey Form
2
Storm Drain and Tributary Sampling
2.1
Sampling Plan for Storm Drains/Tributaries
$ 1,000
$ -0-
$ 1,000
2.2
Implementation of Sampl n Plan
$120,000
$ -0-
$120,000
3
Evaluation of Swimmer Shedding of Bacteria/Viruses in the Dunes Emba ment
3.1
Sampling Plan for Evaluating Swimmer
Shedding
S 1,250
$ -0-
$ 1,250
3.2
1 Implementation of Sampling Plan
1 $150,000
$ -0-
$150,000
4
Evaluation of Vessel Waste Sources of Bacteria
4.1
Sampling Plan for Vessel Waste
$ 1,250
$ -0-
$ 1,250
4.2
Implementation of Samplin Plan
$ 50,000
$ 32,000
$ 82,000
5
Comparison of Traditional Bacterial Indicators, Human Viruses /Coll ha a Analyses
5.1
Sampling Plan for Bacteria/Virus /Coll ha e
$ 1,500
1 $ 1,500
5.2
Implementation of Sampling Plan
$247,000
$247,000
Total Cost
$575,000
$ 32,000
1 $607,000
In the event the funds provided by the SW RCB are used for this Agreement or future amendments to
this Agreement for procurement of goods or subcontracted services, such procurements shall be
made in accordance with the Contractor's federally approved or State -based purchasing system.
LIMITATION OF FUNDING
The maximum amount payable under this agreement shall not exceed $607,000.
The maximum amount to be encumbered under this Agreement for the 1999 -00 fiscal year ending
June 30, 2000 shall not exceed $175,000.
The maximum amount to be encumbered under this Agreement for the 2000 -01 fiscal year ending
June 30, 2001 shall not exceed $400,000.
Page 1 of 3
EXIBHIT B — BUDGET I PAYMENT PROVISIONS
C.
0
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
The maximum amount to be encumbered under this Agreement for the 2002 -03 fiscal year
ending June 30, 2003 shall not exceed $32,000.
If funding is reduced or deleted by the Water Board for purposes of this program, the State shall have
the option to either cancel this Agreement with no liability occurring to the State, or offer an
amendment to the Contractor to reflect the reduced amount.
The Contractor shall be paid quarterly in arrears, upon submission of an original and two copies of
the invoice, which properly details all charges, expenses, direct and indirect costs. Invoices shall be
submitted to:
Linda Candelaria, Ph.D.
Santa Ana Regional Water Quality Control Board
3737 Main Street, Suite 500
Riverside, CA 92501 -3339
The original and one (1) approved copy of the invoice or payment request will be forwarded to
the State Water Board's Accounting Operations Section by the Contract Manager. Contractors
who are certified as small businesses or recognized as non - profit organizations by the Office of
Small and Minority Business will be paid in accordance with California Government Code, Title
1, Section 926.15. Invoices for all other contractors shall be paid within 45 calendar days. In
either situation, payment of any invoice will be made only after receipt of a complete, adequately
supported, properly documented and accurately addressed invoice or payment request. Failure
to use the address exactly as provided above may result in return of the invoice or payment
request to the Contractor. Payment shall be deemed complete upon deposit of the payment,
properly addressed, postage prepaid, in the United States mail. All invoices must be approved
by the Contract Manager.
2. Payments prior to satisfactory completion of all work required by the Agreement shall not
exceed, in the aggregate, ninety percent (90 %) of the total earned with the balance to be paid
upon satisfactory completion of the Agreement, and provided, further, that the State Water
Board shall retain from the Contractor's earnings for each period for which payment is made an
amount equal to ten percent (10 %) of such earnings, pending satisfactory completion of the
Agreement.
3. The invoice shall contain the following information:
(a) The word "INVOICE" should appear in a prominent location at the top of the page(s);
(b) Printed name of the Contractor;
(c) Business address of the Contractor, including P.O. Box, City, State, and Zip Code,
(d) Name of State Water Board /Regional Water Board being billed,
(e) The date of the invoice;
(f) The number of the Agreement upon which the claim is based; and
(g) An itemized account of the services for which the State Water Board is being billed:
(1) The time period covered by the invoice, i.e., the term "from" and "to ";
(2) A brief description of the services performed;
Page 2 of 3
0
EXIBHIT B — BUDGET AND PAYMENT PROVISIONS
0
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
(3) The method of computing the amount due. The invoice shall detail the percentage
of each task completed during the invoice period multiplied by the agreed upon cost
to perform each task, as specified in the Budget less the ten percent (10 %)
withhold, if any;
(4) The total amount due; this should be in a prominent location in the lower right -hand
portion of the last page and clearly distinguished from other figures or computations
appearing on the invoice; the total amount due shall include all costs incurred by the
Contractor under the terms of this Agreement; and
(5) Original signature of Contractor (not required of established firms or entities using
preprinted letterhead invoices).
Page 3 of 3
0
EXHIBIT A — SCOPE OF WORK
1. PROJECT OFFICIALS
0
SWRCB No. 9- 074- 180 -03
City of Newport Beach
The State Water Resources Control Board's (SWRCB) Contract Manager shall be Linda
Candelaria of the Santa Ana Regional Water Quality Control Board ( SARWQCB). The Contract
Manager shall be the day -to -day representative for administration of this Agreement, and except
as otherwise specifically provided, shall have full authority to act on behalf of the SWRCB with
respect to this Agreement. The SW RCB's Executive Director, or designee, may also perform any
and all acts, which could be performed by the Contract Manager under this Agreement. Except as
otherwise expressly provided, all communications relative to this Agreement shall be given to the
Contract Manager.
The Contractor's Project Director shall be Dave Kiff, Assistant to the City Manager of the City of
Newport Beach. The Project Director shall be the Contractor's representative for the
administration of the Agreement and shall have full authority to act on behalf of the Contractor. All
communications given to the Project Director shall be as binding as if given to the Contractor.
The parties may change their Contract Manager or Project Director upon providing ten (10) days
written notice to the other party.
2. WORK TO BE PERFORMED
A. Scope and Objectives
The Orange County Health Care Agency ( OCHCA) monitors beaches throughout Newport Bay
and the City of Newport Beach to determine concentrations of various indicators of bacterial and
pathogenic water pollution. The OCHCA uses this monitoring data to determine if the water
quality at the beaches is suitable for body contact recreation. The OCHCA will close beaches to
body contact recreation when the concentrations of the indicators exceed water quality objectives.
The OCHCA monitors beach water quality for total coliform bacteria, E. coli bacteria fecal
coliform instead of E. coli as of January 2000), enterococci, and other suitable indicators of
water pollution from pathogens, and conducts sanitary surveys to determine the sources of
pollution when the indicators exceed water quality objectives.
Based on the water quality monitoring conducted by the OCHCA, and the closure of numerous
beaches to body contact recreation throughout Newport Bay, the SARWQCB has listed Newport
Bay as water quality limited, in accordance with Section 303(d) of the Clean Water Act. The
SARWQCB determined that water quality in the Bay does not currently meet water quality
objectives established by the SARWQCB for the protection of body contact recreation and
shellfish harvesting beneficial uses. On April 9, 1999, the SARWQCB adopted amendments to
the Water Quality Control Plan for the Santa Ana River Basin (Basin Plan), establishing a Total
Maximum Daily Load (TMDL) for Fecal Coliform in Newport Bay. The TMDL includes
requirements for the City of Newport Beach, and other responsible parties, to determine the
sources of pollution causing the beach closures, and to develop and implement control measures
for these sources to ensure compliance with water quality objectives.
The work to be performed under this contract includes the collection and analysis of water
samples to assist the OCHCA and the City of Newport Beach in determining the sources of
bacteriological water pollution at numerous locations throughout the City. The work includes the
collection and analysis of water samples from numerous storm drains and tributaries that
discharge into Newport Bay, and city beaches and marinas to determine the sources of fecal
coliform in the discharges. The City intends to subcontract with the OCHCA, and the laboratories
of Rachel Noble, Ph.D., (SCCW RP, USC) and Sunny Jiang, Ph.D., (UC- Irvine) for the analysis of
Page 1 of 6
0
EXHIBIT A — SCOPE OF WORK
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
the water samples, OCHCA will analyze the samples for total and fecal coliform, € Col and
enteressessi enterococci, Rachel Noble will perform RT -PCR to determine the presence of
enteroviruses, and Sunny Jiang will analyze the samples for male specific bacteriophage (F +RNA
coliphages.). All analyses will be conducted on split samples. This work will help to determine
whether there are human sources of bacteria /viruses, as well as to identify the most highly
polluted tributaries /drains.
Traditional bacterial indicators have long been used to assess water quality for the protection of
human health (based on AB 411 standards), in lieu of direct measurement of pathogens, which
are is both time - consuming and expensive. It has been shown that the highest swimmer - related
health risks are related to the presence of human viruses (enteroviruses, adenoviruses); however,
to date, there are few data that show a direct correlation between traditional indicators and human
viruses. This correlation needs to be tested and documented.
Complicating this matter are the methods of detection for human viruses. At present, there are
several new detection methods for human viruses including RT -PCR, but there is no correlation
between RT -PCR and traditional infectivity studies. RT -PCR is a method that gives positive
results for the presence of enteroviruses, including enterovirus fragments; however, the
relationship between positive results from RT -PCR and the presence of infectious virus particles
is also unknown.
The work to be performed under this contract will investigate the relationship between traditional
bacterial indicators, bacteriophages, and human enteroviruses (by RT -PCR and traditional viral
infectivity studies) in the waters of Newport Bay and its major tributaries. Water samples will be
analyzed for traditional bacterial indicators (including total coliform, fecal coliform, E. coli, and
enteroccocci), bacteriophage, and human viruses (by RT -PCR and infectivity studies). The
relationship between bacteria /human viruses in sediments compared to the water column is also
unknown. This relationship will also be investigated if time /funds permit. The City of Newport
Beach intends to contract with Sunny Jiang, P.D. (UC Irvine), Orange County Sanitation
District (OCSD), and Orange County (OC) Coastkeepers for this work.
The Contractor shall be responsible for the performance of the work as set forth herein below and
will be completed in cooperation with its subcontractors, the OCHCA, OCSD, and /or other certified
labs, SCCWRP (Rachel Noble) and UCI (Sunny Jiang).
Vessel waste work will be contracted to Stan Grant, Ph.D. (UC Irvine).
B. Work:
Task 1 - Project Management
1.1 Project Management
Provide all technical and administrative services as needed for project completion as described
under the scope of the contract, including but not limited to staff resources for monitoring,
supervising, and reviewing all work performed, coordination of budgeting, scheduling, and
subcontract administration.
Page 2 of 6
EXHIBIT A— SCOPE OF ORK
1.2. Quarterly Progress Reports
•WRCB No. 9- 074 - 180 -03
City of Newport Beach
Prepare and submit written quarterly progress reports to the Contract Manager. The progress
reports shall detail work accomplished, discuss any problems, detail costs incurred during the
subject quarter, and document delivery of any intermediate work products. A brief outline of
upcoming work scheduled for the subsequent quarter shall also be provided. Submit progress
reports to the Contract Manager no later than the fifteenth day of the month immediately following
each calendar quarter throughout the duration of the project.
1.3 Subcontractor Selection
Award subcontracts as necessary to qualified consultants. The subcontractors shall be selected
by a process that complies with applicable state and federal regulations. Prepare a legally
enforceable Agreement between the Contractor and selected subcontractors. The Agreement
shall describe the scope of work and the products expected from the subcontractors. Submit draft
contract documents to the Contract Manager for review and approval prior to execution.
1.4 Project Survey Form
At the completion of the project and prior to final payment, the Project Director shall complete and
provide a project survey form to be included with the final report.
Product: Quarterly Progress Reports, Subcontractor Selection, and Project Survey Form.
Task 2 - Storm Drain and Tributary Sampling
2.1 Sampling Plan for Storm Drains and Tributaries
Prepare a draft sampling plan for: 1) the Back Bay Drive storm drain that discharges into the
Dunes Resort embayment; 2) San Diego Creek; 3) Santa Ana Delhi Channel; 4) Big Canyon
Wash; 5}Busk Gully; and the storm drains that discharge into Newport Bay at 6 5) the Arches;
7 6) 43rd St.; tf}33d and 41 7) Pacific Coast Highway
Bridge. (Site locations subject to adjustment.) The sampling plan shall identify who will collect
the samples and the time and frequency of sample collection at each location specified. The
sampling plan shall provide for the analysis of the samples for total and fecal coliform,
enterococci, and E. coli bacteria, F +RNA coliphage, and enteroviruses. Specifically,
enteroviruses will be detected by RT -PCR, which determines the presence of these viruses. This
method may be performed in a MPN type manner, which yields semi - quantitative results. (Note:
An absence of enteroviruses in a sample does not mean viruses are not present at the sampling
site). Submit the draft sampling plan for review and approval by the Contract Manager.
2.2 Implementation of Sampling Plan for Storm Drains and Tributaries
Implement the Draft Sampling Plan described above upon approval by the Contract Manager.
Product: A technical report of the analytical results showing the bacterial water quality, including
the bacterial indicators, male- specific bacteriophages and enteroviruses described above for the
storm drains and tributaries identified.
Page 3 of 6
EXHIBIT A— SCOPE OF ORK
gWRCB No. 9- 074 - 180 -03
City of Newport Beach
Task 3 - Evaluation of Swimmer Shedding of BacteriaNiruses in the Dunes Embayment
3.1 Sampling Plan for Evaluating Swimmer Shedding of Bacteria/Viruses in the Dunes
Embayment
Prepare a draft sampling plan for evaluating the extent and type of bacterial shedding from
swimmers in the Dunes Resort embayment. The sampling plan shall identify who will collect the
samples and the time and frequency of sample collection at locations within the Dunes Resort
embayment. The sampling plan shall provide for the analysis of the samples for total and fecal
coliform, enteroccocci, and E. coli bacteria, F +RNA coliphage, and enteroviruses. Specifically,
enteroviruses will be detected by RT -PCR or infectivity studies, whichever is determined to be
more suitable for this study. RT -PCR determines the presence of enteroviruses, although it may
be performed in a MPN type manner, which yields semi - quantitative results. (Note: An absence
of enteroviruses in a sample does not mean viruses are not present at the sampling site.) Other
potential sources of bacteria /viruses will also be investigated during this study. Submit the draft
sampling plan for review and approval by the Contract Manager.
3.2 Implementation of Sampling Plan for Evaluating Swimmer Shedding of
BacteriaNiruses in the Dunes Embayment
Implement the Draft Sampling Plan described above upon approval by the Contract Manager.
Product, A technical report of the analytical results from the samples collected to evaluate
shedding of bacteria /viruses from swimmers (and other sources, if any).
Task 4 - Evaluation of Vessel Waste Sources of Bacteria
4.1 Sampling Plan for Vessel Waste
Prepare a draft sampling plan for evaluating vessel waste in several marinas throughout Newport
Bay. The sampling plan shall identify who will collect the samples, the time and frequency of
sample collection, and the location of sampling. The sampling plan shall provide for the analysis
of the samples for total and fecal coliform, E. coli, enterococci and F +RNA coliphage. Submit the
draft sampling plan for review and approval by the Contract Manager. Other sources of bacteria
to marinas, such as storm drains and pumpout stations and pipes, may also be examined
as time and funding permit.
4.2 Implementation of Sampling Plan for Vessel Waste
Implement the draft sampling described above upon approval by the Contract Manager.
Product: A technical report of the analytical results from the samples collected to evaluate vessel
waste contribution of bacteria.
Page 4 of 6.
L
EXHIBIT A— SCOPE OF WORK
SWRCB No. 9- 074- 180 -03
City of Newport Beach
Task 5 - Comparison of Traditional Bacterial Indicators, Human Viruses and Coliphage
Analyses
5.1 Sampling Plan for BacteriaNirus /Coliphage Comparison
Prepare a draft sampling plan for selected sites of high concern in the waters of Newport Bay, and
its tributaries, based on historically high bacterial data, and Phases I and It of this project. These
sites will most likely be: Fecal Indicator bacterial hot spots including (1) the BaGk Bay Drve
(21) San Diego Creek (Campus
nnd M AhPIC;oR ); (3 2, 3) Santa Ana Delhi Channel (Mesa and University sites); (4) Big
Canyon wash, (5) Lower Newport Bay at 43rd St; and Hiph use recreational sites such as the
Rasi€is Cea °' ur- Northstar Beach, Newport Dunes — several sites, Balboa
Yacht Basin, 10r" St Beach, Harbor Patrol Beach, Rocky Pt. Beach. Site locations are
subject to adjustment. The sampling plan shall identify who will collect the samples, and the
time and frequency of sample collection at each location specified. Water samples from each
location will be split and simultaneously analyzed for total coliform, fecal coliform, E. coli,
enteFesessi enterococci, F +RNA coliphage, enteroviruses, and salinity. Adenoviruses will also
be investigated if time and funds permit. Enteroviruses will be analyzed by RT -PCR and
traditional viral infectivity studies. RT -PCR is a method that gives positive results for the presence
of enteroviruses, including enterovirus fragments. This method may be performed in a MPN type
manner, which yields semi - quantitative results. (Note: An absence of enteroviruses in a sample
does not mean that viruses are not present at the sampling site.) Salinity will be analyzed for all
water samples so that correlations between salinity and bacteria /viruses may be evaluated.
The sampling plan should allow for a statistically significant comparison of traditional bacterial
indicators, coliphage, and enteroviruses detected by RT -PCR and infectivity studies. If time and
funds permit, sediment samples will be collected from several sites and bacterial /viral analyses
performed to investigate the relationship between bacteria /human viruses in sediments compared
to the water column.
Submit the Draft Sampling Plan for review and approval by the Contract Manager.
5.2 Implementation of Sampling Plan for BacteriaNirus /Coliphage Comparison
Implement the Draft Sampling Plan described above upon approval by the Contract Manager.
Product: A technical report of the analytical results showing bacterial, viral, and coliphage
analysis, and salinity, including comparisons /trends between these parameters. (Report will
include comparison between water column and sediment analysis, if sediment analysis analyses
are performed.)
Page 5 of 6
EXHIBIT A — SCOPE OF QRK
C.
N1
SCHEDULE OF COMPLETION DATES:
1qWRCB No. 9- 074 - 180 -03
City of Newport Beach
Task
Description
Completion Date
1
Project Management
1.1
Project Management
Ongoing
1.2
Quarterly Pro ess Reports
Beginning September 15, 2000,
and Quarterly thereafter.
1.3
Subcontractor Selection
Ongoing
1.4
Project Survey Form
November 1 2003
2
1 Storm Drain and Tributary Sampling
2.1
Sam ling Plan for Storm Drains /Tributaries
July 31, 2000
2.2
Implementation of Sampling Plan Report
January 1, 2002
3
Evaluation of Swimmer Shedding of Bacteria/Viruses in the Dunes
Emba went
3.1
Sampling Plan for Evaluating Swimmer
Shedding
May 31, 2001
3.2
Implementation of Sampling Plan Report
^,pr ' , ' 02 May 1.2003
4
Evaluation of Vessel Waste Sources of Bacteria
4.1
Sampling Plan for Vessel Waste
July 31, 2001
4.2
Implementation of Sampling Plan Report
Ma 1 2003
5
Comparison of Traditional Bacterial Indicators, Human Viruses /Coliphage
Anal ses
5.1
Sampling Plan for Bacteria/Virus /Coli hage
May 31, 2001
5.2
1 Implementation of Sampling Plan Report
2003
_ MM L2003
Final Project R ort
ApF4 1 2003 November 1 2003
REPORTS
a. Not later than September 15, 2000, and quarterly thereafter, during the life of this contract the
Project Director shall provide a written progress report to the Contract Manager describing
activities undertaken, accomplishment of milestones, and any problems encountered in the
performance of the work under this Agreement, and delivery of intermediate products, if any.
b. The Project Director shall submit to the Contract Manager for approval the reports containing
the results of the work performed in accordance with the schedule of this Exhibit.
c. Not later than April 1, 2003 November 1. 2003, the Project Director shall submit to the
Contract Manager a final report of all the monitoring data collected pursuant to this contract.
Page 6 of 6
EXIBHIT B — BUDGET AND PAYMENT PROVISIONS
A. BUDGET
131
TASK BUDGET
0
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
Task No.
Description
Previous
Amount
Amended
Amount
Revised
Budget"
Amount
1
Project Management
1.1
Project Management
$ 1,000
$ -0-
$ 1,000
1.2
Quarterly Progress Reports
$ 1,000
$ -0-
$ 1,000
1.3
Subcontractor Selection
$ 1,000
$ -0-
$ 1,000
1.4
Project Survey Form
2
Storm Drain and Tributary Sampling
2.1
Sampling Plan for Storm Drains /Tributaries
$ 1,000
$ -0-
$ 1,000
2.2
Implementation of SamPlan
$120,000
$ 0-
$120,000
3
Evaluation of Swimmer Shedding of Bacteria/Viruses in the Dunes Emba ent
3.1
Sampling Plan for Evaluating Swimmer
Shedding
$ 1,250
$ -0-
$ 1,250
3.2
Implementation of SamPlan
$150,000
$ -0-
$150,000
4
Evaluation of Vessel Waste Sources of Bacteria
4.1
Sampling Plan for Vessel Waste
$ 1,250
$ -0-
$ 1,250
4.2
Im lementation of Sampling Plan
$ 50,000
$ 32,000
$ 82,000
5
Comparison of Traditional Bacterial Indicators, Human Viruses /Coll ha a Analyses
5.1
Sampling Plan for Bacteria/Vims /Coli ha e
$ 1,500
$ 1,500
5.2
Im lementation of Sampling Plan
$247,000
$247,000
Total Cost
$575,000
$ 32,000
$607,000
In the event the funds provided by the SW RCB are used for this Agreement or future amendments to
this Agreement for procurement of goods or subcontracted services, such procurements shall be
made in accordance with the Contractor's federally approved or State -based purchasing system.
LIMITATION OF FUNDING
The maximum amount payable under this agreement shall not exceed $607,000.
The maximum amount to be encumbered under this Agreement for the 1999 -00 fiscal year ending
June 30, 2000 shall not exceed $175,000.
The maximum amount to be encumbered under this Agreement for the 2000 -01 fiscal year ending
June 30, 2001 shall not exceed $400,000.
Page 1 of 3
EXIBHIT B — BUDGET913 PAYMENT PROVISIONS
IqWRCB No. 9- 074- 180 -03
City of Newport Beach
The maximum amount to be encumbered under this Agreement for the 2002 -03 fiscal Year
ending June 30, 2003 shall not exceed $32,000.
If funding is reduced or deleted by the Water Board for purposes of this program, the State shall have
the option to either cancel this Agreement with no liability occurring to the State, or offer an
amendment to the Contractor to reflect the reduced amount.
C. INVOICING PROCEDURES
The Contractor shall be paid quarterly in arrears, upon submission of an original and two copies of
the invoice, which properly details all charges, expenses, direct and indirect costs. Invoices shall be
submitted to:
Linda Candelaria, Ph.D.
Santa Ana Regional Water Quality Control Board
3737 Main Street, Suite 500
Riverside, CA 92501 -3339
The original and one (1) approved copy of the invoice or payment request will be forwarded to
the State Water Board's Accounting Operations Section by the Contract Manager. Contractors
who are certified as small businesses or recognized as non - profit organizations by the Office of
Small and Minority Business will be paid in accordance with California Government Code, Title
1, Section 926.15. Invoices for all other contractors shall be paid within 45 calendar days. In
either situation, payment of any invoice will be made only after receipt of a complete, adequately
supported, properly documented and accurately addressed invoice or payment request. Failure
to use the address exactly as provided above may result in return of the invoice or payment
request to the Contractor. Payment shall be deemed complete upon deposit of the payment,
properly addressed, postage prepaid, in the United States mail. All invoices must be approved
by the Contract Manager.
2. Payments prior to satisfactory completion of all work required by the Agreement shall not
exceed, in the aggregate, ninety percent (90 %) of the total earned with the balance to be paid
upon satisfactory completion of the Agreement, and provided, further, that the State Water
Board shall retain from the Contractor's earnings for each period for which payment is made an
amount equal to ten percent (10 %) of such earnings, pending satisfactory completion of the
Agreement.
3. The invoice shall contain the following information:
(a) The word "INVOICE" should appear in a prominent location at the top of the page(s);
(b) Printed name of the Contractor,
(c) Business address of the Contractor, including P.O. Box, City, State, and Zip Code;
(d) Name of State Water Board /Regional Water Board being billed;
(e) The date of the invoice,
(f) The number of the Agreement upon which the claim is based; and
(g) An itemized account of the services for which the State Water Board is being billed:
(1) The time period covered by the invoice, i.e., the term "from" and "to';
(2) A brief description of the services performed;
Page 2 of 3
0
EXIBHIT B — BUDGET AND PAYMENT PROVISIONS
0
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
(3) The method of computing the amount due. The invoice shall detail the percentage
of each task completed during the invoice period multiplied by the agreed upon cost
to perform each task, as specified in the Budget less the ten percent (10 %)
withhold, if any;
(4) The total amount due; this should be in a prominent location in the lower right -hand
portion of the last page and clearly distinguished from other figures or computations
appearing on the invoice; the total amount due shall include all costs incurred by the
Contractor under the terms of this Agreement; and
(5) Original signature of Contractor (not required of established firms or entities using
preprinted letterhead invoices).
Page 3 of 3
C_3a�3
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Supplemental Agenda Item No. S20
August 12, 2003
BY
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY CO
FROM: City Manager's Office
Dave Kiff, Assistant City Manager
949/644 -3002 or dkiff @city.newport- beach.ca.us
SUBJECT: Resolution 2003 - Authorizing the City to Enter into an Amended
Contract with the State Water Resources Control Board Relating to
Water Quality Studies in Newport Bay.
ISSUE:
Should the City of Newport Beach continue to participate in various studies related to
pollutants in Newport Bay?
RECOMMENDATION:
Adopt Resolution 2003 - authorizing the Mayor to execute a contract amendment to
Agreement #9- 074 -180 -0 of up to $700,000 between the City and the State Water
Resources Control Board relating to Water Quality Studies in Newport Bay.
DISCUSSION:
Background:
Since 1999, the City and the State Water Resources Control Board (SWRCB) have
worked within an Agreement to use more than $600,000 in State funds to study various
water quality problems in Newport Bay, especially as they relate to bacteria. The Fecal
Coliform Total Maximum Daily Load (TMDL) directs that these studies be done.
We have been fortunate enough to be able to use State funding for the studies instead
of City general fund dollars. Studies have included:
• Determining the extent of vessel waste discharge into the Bay;
• Determining the extent to which swimmers might contribute to bacteria problems;
• Determining how tidal flows, tributaries, and storm drains might cause bacteria
problems in the Bay;
Resolution relating to Water Quality Studies
August 12, 2003
Page 2
Each of tie studies involves multiple phases and peer review of the studies'
conclusions, so results are not yet complete.
Drs. Stanley Grant and Sunny Jiang of the University of California, Irvine, have worked
on these studies, assisted by Orange County CoastKeeper as samplers. A Technical
Advisory Committee that includes Monica Mazur (OC Health Care Agency), Charlie
McGee (Orange County Sanitation District), Dr. Jack Skinner (SPON), and Dr. Linda
Candelaria (California Regional Water Quality Control Board, Santa Ana Region) help
guide the studies.
This agenda item asks the City Council to adopt a resolution authorizing the Mayor to
continue to utilize State funds -- this time in an amount up to $700,000 -- for these
studies. The Mayor would do so by executing the attached Agreement Amendment
(Attachment B). The Contracts Section of the SWRCB requires the Council to routinely
adopt a resolution "upping the cap" each time the SWRCB staff proposes additional
studies.
Readers may access the City's web site (www.city.newport - beach.ca.us) and search for
previous staff reports (starting in 1999) on this issue for additional background
information.
Committee Action: None
Environmental Review: The City Council's approval of this Agenda Item does not
require environmental review.
Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act
(72 hours in advance of the public meeting at which the City Council considers the
item).
Funding Availability: State Water Board funds are available for this purpose.
Submitted by:
I�V-.ti L
Dav iff
Assistant City Manager
Attachments: A -- Resolution 2003 -
B -- Standard Agreement Amendment -- Agreement #9- 074 -180 -0
0
Attachment A
RESOLUTION 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED CONTRACT
OF UP TO $700,000 ON BEHALF OF THE CITY
WITH THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
FOR NEWPORT BAY WATER QUALITY STUDIES
WHEREAS, the City Council of the City of Newport Beach has long been concerned
about protecting the water quality of Newport Bay and the Orange County coastline; and
WHEREAS, the County of Orange's Health Care Agency and the Orange County
Sanitation District both perform water sampling in and around Newport Beach on a routine basis
to ensure that waters are safe for swimmers and other water contact sports; and
WHEREAS, current testing and sampling can tell policy- makers that an area is
contaminated with bacteria that may be harmful to swimmers; and
WHEREAS, since 1999, the City and the State Water Resources Control Board
( "SWRCB ") via its California Regional Water Quality Control Board ( "Regional Board "), Santa
Ana Region, have cooperated to study issues like vessel waste discharges, swimmer impacts
on bacteria levels, and the extent of bacteria and human viruses throughout the Bay; and
WHEREAS, the SWRCB has directed up to $607,000 in funds for these studies as
described in Agreement No. 9- 074 -180 -0 between the City and the SWRCB; and
WHEREAS, the Contracts Section of the SWRCB requires the City Council to adopt a
resolution authorizing the City to utilize these funds; and
WHEREAS, the City's Resolution 99 -56 authorized the expenditure of a portion of these
funds; now, therefore be it
RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH that the
Council hereby authorizes the Mayor to enter into an amended contract not to exceed $700,000
on behalf of the City with the State Water Resources Control Board for the performance and
management of various water quality studies relating to Newport Bay.
ADOPTED this 12" Day of August, 2003.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALiFCRNIA 0 •
STANDARD AGREEMENT AMENDMENT
STp. 213 A (Rev 9101) r—
®1 CHECK HERE IF nllDITIONAI. PAGES ARE ATTACHED 9 Panes AGREEMENT NUMBER AMENDMENT NUMBER
This Agreement is
STATE AGENCY S NAME
State Water Resources Control Board
CONTRACTOR'S NAME
City of Newport Beach
2. The term of this
Agreement is December 1, 1999 through December 31, 2003
3. The maximum amount of this $607,000
Aqreement after this amendment is: Six hundred seven thousand dollars
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part
of the Agreement and incorporated herein:
Standard Agreement No. 9 -074- 180 -0, originally made and entered into on December 1, 1999, Amendment
No. 1 dated January 14, 2001, and Amendment No. 2 dated June 28, 2001 is hereby amended on February 13,
2003 in the following particulars and no others:
1. Std. 213, Item 2, "Term of this Agreement" is amended by deleting reference to June 1, 2003 there from
and inserting December 31, 2003 in place thereof (a 6 -month time extension).
2. Std. 213, Item 3, "Maximum Amount of this Agreement' is amended by deleting reference to $575,000,
five hundred seventy -five thousand dollars, there from and inserting $607,000, six hundred seven
thousand dollars.
3. Exhibit A, Scope of Work is amended to revise Section A, Scope and Objectives; Section B, Subtasks
2.1, 4.1, 5.1, and 5.2; Section C, Schedule of Completion Dates; and Section D, Reports. Deletions are
noted in strikeout, followed by revisions in bold and underlined, as attached (6 pages).
4. Exhibit B, Budget and Payment Provisions, Section A, Budget is amended to reflect a funding increase
for $32,000; and revise Section B to include, Limitation for Funding for total Agreement amount not to
exceed $607,000. Revisions are noted in bold and underlined, as attached (3 pages).
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CALIFORNIA
CONTRACTOR Department of General Services
CONTRACTOR'S NAME (If ocher than an individual, stale whether a corporation, partnership, etc.) Use Only
City of Newport Beach
BY (Authorized Signature) DATE SIGNED {Do not type)
AS
PRINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS
3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658
STATE OF CALIFORNIA
AGENCY NAME
State Water Resources Control Board
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
Bill Brown, Chief, Division of Administrative Services
ADDRESS
1001 1 Street, Sacramento, CA 95814
I
9
EXHIBIT A — SCOPE OF WORK
PROJECT OFFICIALS
0
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
The State Water Resources Control Board's ( SWRCB) Contract Manager shall be Linda
Candelaria of the Santa Ana Regional Water Quality Control Board ( SARWQCB). The Contract
Manager shall be the day -to -day representative for administration of this Agreement, and except
as otherwise specifically provided, shall have full authority to act on behalf of the SWRCB with
respect to this Agreement. The SWRCB's Executive Director, or designee, may also perform any
and all acts, which could be performed by the Contract Manager under this Agreement. Except a "s
otherwise expressly provided, all communications relative to this Agreement shall be given to the
Contract Manager.
The Contractor's Project Director shall be Dave Kiff, Assistant to the City Manager of the City of
Newport Beach. The Project Director shall be the Contractor's representative for the
administration of the Agreement and shall have full authority to act on behalf of the Contractor. All
communications given to the Project Director shall be as binding as if given to the Contractor.
The parties may change their Contract Manager or Project Director upon providing ten (10) days
written notice to the other party.
2. WORK TO BE PERFORMED
A. Scope and Objectives
The Orange County Health Care Agency ( OCHCA) monitors beaches throughout Newport Bay
and the City of Newport Beach to determine concentrations of various indicators of bacterial and
pathogenic water pollution. The OCHCA uses this monitoring data to 'determine if the water
quality at the beaches is suitable for body contact recreation. The OCHCA will close beaches to
body contact recreation when the concentrations of the indicators exceed water quality objectives.
The OCHCA monitors beach water quality for total coliform bacteria, E. coli bacteria fecal
coliform instead of E. coli as of January 2000), enterococci, and other suitable indicators of
water pollution from pathogens, and conducts sanitary surveys to determine the sources of
pollution when the indicators exceed water quality objectives.
Based on the water quality monitoring conducted by the OCHCA, and the closure of numerous
beaches to body contact recreation throughout Newport Bay, the SARWQCB has listed Newport
Bay as water quality limited, in accordance with Section 303(d) of the Clean Water Act. The
SARWQCB determined that water quality in the Bay does not currently meet water quality
objectives established by the SARWQCB for the protection of body contact recreation and
shellfish harvesting beneficial uses. On April 9, 1999, the SARWQCB adopted amendments to
the Water Quality Control Plan for the Santa Ana River Basin (Basin Plan), establishing a Total
Maximum Daily Load (TMDL) for Fecal Coliform in Newport Bay. The TMDL includes
requirements for the City of Newport Beach, and other responsible parties, to determine the
sources of pollution causing the beach closures, and to develop and implement control measures
for these sources to ensure compliance with water quality objectives.
The work to be performed under this contract includes the collection and analysis of water
samples to assist the OCHCA and the City of Newport Beach in determining the sources of
bacteriological water pollution at numerous locations throughout the City. The work includes the
collection and analysis of water samples from numerous storm drains and tributaries that
discharge into Newport Bays aad city beaches and marinas to determine the sources of fecal
coliform in the discharges. The City intends to subcontract with the OCHCA, and the laboratories
of Rachel Noble, Ph.D., (SCCWRP, USC) and Sunny Jiang, Ph.D., (UC- Irvine) for the analysis of
Page 1 of 6
0
EXHIBIT A —SCOPE OF WORK
• '
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
the water samples, OCHCA will analyze the samples for total and fecal coliform, € &el+ and
entereseesei enterococci, Rachel Noble will perform RT -PCR to determine the presence of
enteroviruses, and Sunny Jiang will analyze the samples for male specific bacteriophage (F +RNA
coliphages.). All analyses will be conducted on split samples. This work will help to determine
whether there are human sources of bacteria /viruses, as well as to identify the most highly
polluted tributaries /drains.
Traditional bacterial indicators have long been used to assess water quality for the protection of
human health (based on AB 411 standards), in lieu of direct measurement of pathogens, which
are is both time - consuming and expensive. It has been shown that the highest swimmer - related
health risks are related to the presence of human viruses (enteroviruses, adenoviruses); however,
to date, there are few data that show a direct correlation between traditional indicators and human
viruses. This correlation needs to be tested and documented.
Complicating this matter are the methods of detection for human viruses. At present, there are
several new detection methods for human viruses including RT -PCR, but there is no correlation
between RT -PCR and traditional infectivity studies. RT -PCR is a method that gives positive
results for the presence of enteroviruses, including enterovirus fragments; however, the
relationship between positive results from RT -PCR and the presence of infectious virus particles
is also unknown.
The work to be performed under this contract will investigate the relationship between traditional
bacterial indicators, bacteriophages, and human enteroviruses (by RT -PCR and traditional viral
infectivity studies) in the waters of Newport Bay and its major tributaries. Water samples will be
analyzed for traditional bacterial indicators (including total coliform, fecal coliform, E. coli, and
enteroccocci), bacteriophage, and human viruses (by RT -PCR and infectivity studies). The
relationship between bacteria /human viruses in sediments compared to the water column is also
unknown. This relationship will also be investigated if time /funds permit. The City of Newport
Beach intends to contract with Sunny Jiang, P.D. (UC Irvine), Orange County Sanitation
District (OCSD), and Orange County (OC) Coastkeepers for this work.
The Contractor shall be responsible for the performance of the work as set forth herein below and
will be completed in cooperation with its subcontractors, the OCHCA, OCSD, and /or other certified
labs, SCCWRP (Rachel Noble) and UCI (Sunny Jiang).
Vessel waste work will be contracted to Stan Grant, Ph.D. (UC Irvine).
B. Work:
Task 1 - Project Management
1.1 Project Management
Provide all technical and administrative services as needed for project completion as described
under the scope of the contract, including but not limited to staff resources for monitoring,
supervising, and reviewing all work performed, coordination of budgeting, scheduling, and
subcontract administration.
Page 2 of 6
0 0
EXHIBIT A— SCOPE OF WORK SWRCB No. 9- 074 - 180 -03
City of Newport Beach
1.2. Quarterly Progress Reports
Prepare and submit written quarterly progress reports to the Contract Manager. The progress
reports shall detail work accomplished, discuss any problems, detail costs incurred during the
subject quarter, and document delivery of any intermediate work products. A brief outline of
upcoming work scheduled for the subsequent quarter shall also be provided. Submit progress
reports to the Contract Manager no later than the fifteenth day of the month immediately following
each calendar quarter throughout the duration of the project.
1.3 Subcontractor Selection
Award subcontracts as necessary to qualified consultants. The subcontractors shall be selected
by a process that complies with applicable state and federal regulations. Prepare a legally
enforceable Agreement between the Contractor and selected subcontractors. The Agreement
shall describe the scope of work and the products expected from the subcontractors. Submit draft
contract documents to the Contract Manager for review and approval prior to execution.
1.4 Project Survey Form
At the completion of the project and prior to final payment, the Project Director shall complete and
provide a project survey form to be included with the final report.
Product: Quarterly Progress Reports, Subcontractor Selection, and Project Survey Form.
Task 2 - Storm Drain and Tributary Sampling
2.1 Sampling Plan for Storm Drains and Tributaries
Prepare a draft sampling plan for: 1) the Back Bay Drive storm drain that discharges into the
Dunes Resort embayment; 2) San Diego Creek; 3) Santa Ana Delhi Channel; 4) Big Canyon
Wash; 5) Bas'( 66111y- and the storm drains that discharge into Newport Bay at 6 5) the Arches;
7- 6) 43`d St.; 8}33` ; and 44 7) Pacific Coast Highway
Bridge. (Site locations subiect to adjustment.) The sampling plan shall identify who will collect
the samples and the time and frequency of sample collection at each location specified. The
sampling plan shall provide for the analysis of the samples for total and fecal coliform,
enterococci, and E. coli bacteria, F +RNA coliphage, and enteroviruses. Specifically,
enteroviruses will be detected by RT -PCR, which determines the presence of these viruses. This
method may be performed in a MPN type manner, which yields semi - quantitative results. (Note:
An absence of enteroviruses in a sample does not mean viruses are not present at the sampling
site). Submit the draft sampling plan for review and approval by the Contract Manager.
2.2 Implementation of Sampling Plan for Storm Drains and Tributaries
Implement the Draft Sampling Plan described above upon approval by the Contract Manager.
Product: A technical report of the analytical results showing the bacterial water quality, including
the bacterial indicators, male- specific bacteriophages and enteroviruses described above for the
storm drains and tributaries identified.
Page 3 of 6
0
EXHIBIT A— SCOPE OF WORK
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
Task 3 - Evaluation of Swimmer Shedding of BacteriaNiruses in the Dunes Embayment
3.1 Sampling Plan for Evaluating Swimmer Shedding of Bacteria/Viruses in the Dunes
Embayment
Prepare a draft sampling plan for evaluating the extent and type of bacterial shedding from
swimmers in the Dunes Resort embayment. The sampling plan shall identify who will collect the'
samples and the time and frequency of sample collection at locations within the Dunes Resort
embayment. The sampling plan shall provide for the analysis of the samples for total and fecal
coliform, enteroccocci, and E. coli bacteria, F +RNA coliphage, and enteroviruses. Specifically,
enteroviruses will be detected by RT -PCR or infectivity studies, whichever is determined to be
more suitable for this study. RT -PCR determines the presence of enteroviruses, although it may
be performed in a MPN type manner, which yields semi - quantitative results. (Note: An absence
of enteroviruses in a sample does not mean viruses are not present at the sampling site.) Other
potential sources of bacteria /viruses will also be investigated during this study. Submit the draft
samoling plan for review and approval by the Contract Manager.
3.2 Implementation of Sampling Plan for Evaluating Swimmer Shedding of
BacteriaNiruses in the Dunes Embayment
Implement the Draft Sampling Plan described above upon approval by the Contract Manager.
Product: A technical report of the analytical results from the samples collected to evaluate
shedding of bacteria /viruses from swimmers (and other sources, if any).
Task 4 - Evaluation of Vessel Waste Sources of Bacteria
4.1 Sampling Plan for Vessel Waste
Prepare a draft sampling plan for evaluating vessel waste in several marinas throughout Newport
Bay. The sampling plan shall identify who will collect the samples, the time and frequency of
sample collection, and the location of sampling. The sampling plan shall provide for the analysis
of the samples for total and fecal coliform, E. coli, enterococci and F +RNA coliphage. Submit the
draft sampling plan for review and approval by the Contract Manager. Other sources of bacteria
to marinas, such as storm drains and pumpout stations and pipes, may also be examined
as time and funding permit.
4.2 Implementation of Sampling Plan for Vessel Waste
Implement the draft sampling described above upon approval by the Contract Manager.
Product: A technical report of the analytical results from the samples collected to evaluate vessel
waste contribution of bacteria.
Page 4 of 6,
0 0
EXHIBIT A — SCOPE OF WORK SWRCB No. 9- 074 - 180 -03
City of Newport Beach
Task 5 - Comparison of Traditional Bacterial Indicators, Human Viruses and Coliphage
Analyses
5.1 Sampling Plan for Bacteria/Virus /Coliphage Comparison
Prepare a draft sampling plan for selected sites of high concern in the waters of Newport Bay, and
its tributaries, based on historically high bacterial data, and Phases I and It of this project. These
sites will most likely be: Fecal Indicator bacterial hot spots including the Back Bay D„vo
ct,�orm DFA n that d ..,.h.,Fg8S inte then s Resent emlbayment (21) San Diego Creek (Campus
And Minhel °m^ sites°°); (3 2, 3) Santa Ana Delhi Channel (Mesa and University sites); (4) Big
Canyon wash, (5) Lower Newport Bay at 43rd St; and High use recreational sites such as t#e
SMFFR dFaiRS that diSG.a Fge'nt� /7\ dQ
<r .. �.... v�p.. .., ..p„,. __' ,,.. \"/ . .. , \. / vorcv°.r-vcaor,- �onnv-\
Northstar Beach, Newport Dunes — several sites. Balboa
Yacht Basin, 10 \h St Beach, Harbor Patrol Beach, Rocky Pt. Beach. Site locations are
subject to adjustment. The sampling plan shall identify who will collect the samples, and the
time and frequency of sample collection at each location specified. Water samples from each
location will be split and simultaneously analyzed for total coliform, fecal coliform, E. coli,
entereceesi enterococci, F +RNA rdiphage, enteroviruses, and salinity. Adenoviruses will also
be investigated if time and funds permit. Enteroviruses will be analyzed by RT -PCR and
traditional viral infectivity studies. RT -PCR is a method that gives positive results for the presence
of enteroviruses, including enterovirus fragments. This method may be performed in a MPN type
manner, which yields semi - quantitative results. (Note: An absence of enteroviruses in a sample
does not mean that viruses are not present at the sampling site.) Salinity will be analyzed for all
water samples so that correlations between salinity and bacteria /viruses may be evaluated.
The sampling plan should allow for a statistically significant comparison of traditional bacterial
indicators, coliphage, and enteroviruses detected by RT -PCR and infectivity studies. If time and
funds permit, sediment samples will be collected from several sites and bacterial /viral analyses
performed to investigate the relationship between bacteria /human viruses in sediments compared
to the water column.
Submit the Draft Sampling Plan for review and approval by the Contract Manager.
5.2 Implementation of Sampling Plan for BacterialVirus /Coliphage Comparison
Implement the Draft Sampling Plan described above upon approval by the Contract Manager.
Product: A technical report of the analytical results showing bacterial, viral, and coliphage
analysis, and salinity, including comparisons /trends between these parameters. (Report will
include comparison between water column and sediment analysis, if sediment antes analyses
are performed.)
Page 5 of 6
u
0
EXHIBIT A — SCOPE OF WORK
C. SCHEDULE OF COMPLETION DATES:
•
SW RC 13 No. 9- 074- 180 -03
City of Newport Beach
D. REPORTS
a. Not later than September 15, 2000, and quarterly thereafter, during the life of this contract the
Project Director shall provide a written progress report to the Contract Manager describing
activities undertaken, accomplishment of milestones, and any problems encountered in the
performance of the work under this Agreement, and delivery of intermediate products, if any.
b. The Project Director shall submit to the Contract Manager for approval the reports containing
the results of the work performed in accordance with the schedule of this Exhibit.
c. Not later than A^F'.P,,l 1, 2903 November 1, 2003, the Project Director shall submit to the
Contract Manager a final report of all the monitoring data collected pursuant to this contract.
Page 6 of 6
Cask
Description'
Completion Date
1
P o'ectMana ern
1.1
Project Management
Ongoing
_
Beginning September 15, 2000,
1.2
Quarterly Progress Reports
and Quarterly thereafter.
_
1.3
Subcontractor Selection
Ongoing
_
IA
Project Survey Form
November 1 2003
2 '
Storm Drain and frlintary Sam lino
2.1
Sampling Plan for Storm Drains /Tributaries
July 31, 2000
2.2
Implementation of Sampling Plan Report
January 1, 2002
3
ENalbati6n ;of Swimmer Shedd_ rig of Bacteria/Virt ses in the Dunes
Emba yment
3.1
Sampling Plan for Evaluating Swimmer
Shedding
May 31, 2001
3.2
Implementation of Sampling Plan Report
_ May 1, 2003
4
Evaluation'of Vessel'.V1 rite Sources of Bacteria
4.1
Sam ling Plan for Vessel `',caste
July 31, 2001
4.2
Implementation of Sampling Plan Report
^ p ^lam 1, May 1, 2003
5 ,
Comparison of ir, aditUOnal Bacterial Indieatprs Human Viruses /Coliphage
kiialyses I'I
5.1
Sampling Plan for BacteriaNirus /Colt hage
May 31, 2001
5.2
Implementation of Sampling Plan Re ort
Ma 1 2003
Final Project Report
^ ^ ^�_ Nmber 1, 2003
ove
D. REPORTS
a. Not later than September 15, 2000, and quarterly thereafter, during the life of this contract the
Project Director shall provide a written progress report to the Contract Manager describing
activities undertaken, accomplishment of milestones, and any problems encountered in the
performance of the work under this Agreement, and delivery of intermediate products, if any.
b. The Project Director shall submit to the Contract Manager for approval the reports containing
the results of the work performed in accordance with the schedule of this Exhibit.
c. Not later than A^F'.P,,l 1, 2903 November 1, 2003, the Project Director shall submit to the
Contract Manager a final report of all the monitoring data collected pursuant to this contract.
Page 6 of 6
EXIBHIT B — BUDGET AND PAYMENT PROVISIONS SWRCB No. 9- 074 - 180 -03
City of Newport Beach
A. BUDGET
TASK BUDGET
In the event the funds provided by the SW RCB are used for this Agreement or future amendments to
this Agreement for procurement of goods or subcontracted services, such procurements shall be
made in accordance with the Contractor's federally approved or State -based purchasing system.
B. LIMITATION OF FUNDING
The maximum amount payable under this agreement shall not exceed $607,000.
The maximum amount to be encumbered under this Agreement for the 1999 -00 fiscal year ending
June 30, 2000 shall not exceed $175,000.
The maximum amount to be encumbered under this Agreement for the 2000 -01 fiscal year ending
June 30, 2001 shall not exceed $400,000.
Page 1 of 3
Revised
Previous
Amended
Budget
Task No.
Description
Amount
Amount
Amount
l ,
Pro "ect 1Vlaiiz ement
1.1
Project Management
$ 1,000
$ -0-
$ 1,000
1.2
Quarterly Progress Reports
$ 1,000
$ -0-
$ 1,000
1.3
Subcontractor Selection
$ 1,000
$ -0-
$ 1,000
1.4
Pro ect Survey Form
2
StormDrain'andTribrta .Sam lin
2.1
Sampling Plan for Storm Drains/Tributaries
$ 1,000
$ -0-
$ 1,000
2.2
Implementation of Sampling Plan
$120,000
$ 0-
$120,000
3
` 'Evaluation of Swirumer.Sheddiu ofBacteria/Viruses i , n 'the Dunes Emba '
ent
3.1
Sampling Plan for Evaluating Swimmer
Shedding
$ 1,250
$ -0-
$ 1,250
3.2
Implementation of Sampling Plan
$150,000
$ -0-
$150,000
4
Evaluation of Vessel Waste Sources of Bacteria
4.1
Sampling Plan for Vessel Waste
$ 1,250
$ -0-
$ 1,250
4.2
bnplementation of Sampling Plan
$ 50,000
$ 32,000
$ 82,000
3
Com aris`on of Traditional Bacterial Indicators, Human'V iruses /Coll ha e Anal ses
5.1
Sarripling Plan for Bacteria/Virus /Coli ha e
$ 1,500
$ 1,500
5.2
Implementation of Sampling Plan
$247,000
$247,000
Tot31 Cost
, $$7,5,000 1
32,000 _ `
; $607,000
In the event the funds provided by the SW RCB are used for this Agreement or future amendments to
this Agreement for procurement of goods or subcontracted services, such procurements shall be
made in accordance with the Contractor's federally approved or State -based purchasing system.
B. LIMITATION OF FUNDING
The maximum amount payable under this agreement shall not exceed $607,000.
The maximum amount to be encumbered under this Agreement for the 1999 -00 fiscal year ending
June 30, 2000 shall not exceed $175,000.
The maximum amount to be encumbered under this Agreement for the 2000 -01 fiscal year ending
June 30, 2001 shall not exceed $400,000.
Page 1 of 3
EXIBHIT B — BUDGET AND PAYMENT PROVISIONS SWRCB No. 9- 074 - 180 -03
City of Newport Beach
The maximum amount to be encumbered under this Agreement for the 2002 -03 fiscal vear
ending June 30, 2003 shall not exceed $32,000
If funding is reduced or deleted by the Water Board for purposes of this program, the State shall have
the option to either cancel this Agreement with no liability occurring to the State, or offer an
amendment to the Contractor to reflect the reduced amount.
C. INVOICING PROCEDURES
The Contractor shall be paid quarterly in arrears, upon submission of an original and two copies of
the invoice, which properly details all charges, expenses, direct and indirect costs. Invoices shall be
submitted to:
Linda Candelaria, Ph.D.
Santa Ana Regional Water Quality Control Board
3737 Main Street, Suite 500
Riverside, CA 92501 -3339
The original and one (1) approved copy of the invoice or payment request will be forwarded to
the State Water Board's Accounting Operations Section by the Contract Manager. Contractors
who are certified as small businesses or recognized as non - profit organizations by the Office of
Small and Minority Business will be paid in accordance with California Government Code, Title
1, Section 926.15. Invoices for all other contractors shall be paid within 45 calendar days. In
either situation, payment of any invoice will be made only after receipt of a complete, adequately
supported, properly documented and accurately addressed invoice or payment request. Failure
to use the address exactly as provided above may result in return of the invoice or payment
request to the Contractor. Payment shall be deemed complete upon deposit of the payment,
properly addressed, postage prepaid, in the United States mail. All invoices must be approved
by the Contract Manager.
2. Payments prior to satisfactory completion of all work required by the Agreement shall not
exceed, in the aggregate, ninety percent (90 %) of the total earned with the balance to be paid
upon satisfactory completion of the Agreement, and provided, further, that the State Water
Board shall retain from the Contractor's earnings for each period for which payment is made an
amount equal to ten percent (10 %) of such earnings, pending satisfactory completion of the
Agreement.
3. The invoice shall contain the following information
(a) The word "INVOICE" should appear in a prominent location at the top of the page(s);
(b) Printed name of the Contractor;
(c) Business address of the Contractor, including P.O. Box, City, State, and Zip Code,
(d) Name of State Water Board /Regional Water Board being billed;
(e) The date of the invoice,
(f,• The number of the Agreement upon which the claim is based; and
(g) An itemized account of the services for which the State Water Board is being billed:
(1) The time period covered by the invoice, i.e., the term "from" and "to'
(2) A brief description of the services performed;
Page 2 of 3
EXIBHIT B — BUDGET AND PAYMENT PROVISIONS
0
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
(3) The method of computing the amount due. The invoice shall detail the percentage
of each task completed during the invoice period multiplied by the agreed upon cost
to perform each task, as specified in the Budget less the ten percent (10 %)
withhold, if any;
(4) The total amount due; this should be in a prominent location in the lower right -hand
portion of the last page and clearly distinguished from other figures or computations
appearing on the invoice; the total amount due shall include all costs incurred by the
Contractor under the terms of this Agreement; and
(5) Original signature of Contractor (not required of established firms or entities using
preprinted letterhead invoices).
Page 3 of 3
• • J
RESOLUTION NO. 2003- 46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED CONTRACT
OF UP TO $700,000 ON BEHALF OF THE CITY
WITH THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
FOR NEWPORT BAY WATER QUALITY STUDIES
WHEREAS, the City Council of the City of Newport Beach has long been concerned
about protecting the water quality of Newport Bay and the Orange County coastline; and
WHEREAS, the County of Orange's Health Care Agency and the Orange County
Sanitation District both perform water sampling in and around Newport Beach on a routine basis
to ensure that waters are safe for swimmers and other water contact sports; and
WHEREAS, current testing and sampling can tell policy- makers that an area is
contaminated with bacteria that may be harmful to swimmers; and
WHEREAS, since 1999, the City and the State Water Resources Control Board
( "SWRCB ") via its California Regional Water Quality Control Board ( "Regional Board "), Santa
Ana Region, have cooperated to study issues like vessel waste discharges, swimmer impacts
on bacteria levels, and the extent of bacteria and human viruses throughout the Bay; and
WHEREAS, the SWRCB has directed up to $607,000 in funds for these studies as
described in Agreement No. 9- 074 -180 -0 between the City and the SWRCB; and
WHEREAS, the Contracts Section of the SWRCB requires the City Council to adopt a
resolution authorizing the City to utilize these funds; and
WHEREAS, the City's Resolution 99 -56 authorized the expenditure of a portion of these
funds; now, therefore be it
RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH that the
Council hereby authorizes the Mayor to enter into an amended contract not to exceed $700,000
on behalf of the City with the State Water Resources Control Board for the performance and
management of various water quality studies relating to Newport Bay.
ADOPTED this 12'h Day of AugL
ATTEST:
l
CITY CLERK
0 •
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2003 -46 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
12th day of August, 2003, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Ridgeway, Webb, Nichols, Mayor Bromberg
Noes: None
Absent: Heffernan, Proctor, Adams
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 13th day of August, 2003.
(Seal
City Clerk
Newport Beach, California
4
W insto�nvH. Hickox
Secretaryfor
Environmental
Protection
State Voter Resources Co
Division of Administrative Services
901 P Street • Sacramento, California 95814 • (916) 653 -0433 • FAX (916) 657 -1386
Mailing Address: P.O. Box 100 • Sacramento, California 95812 -0100
Internet Address: http: / /www.swreb.ca.gov
OCT 261999
Dave Kiff
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
R7 ��t7 7 �I Flu I �1►L! IlI►CI]�alld•�Ei1317
Enclosed for your records is a fully executed copy of the above referenced agreement. Please
take a few minutes to thoroughly read through it to be sure you understand all the terms and
conditions.
Request for payment of services completed outside the term of this contract WILL NOT BE
PAID. It is imperative that you notify your State Water Resources Control Board Contract
Manager immediately, in writing, of any changes or delays that may impact the scope of work or
term of this agreement.
If you have any questions about this agreement, please contact the State Water Resources
Control Board Manager responsible for this agreement.
Contracts Section
Division of Administrative Services
Enclosure(s)
California Environmental Protection Agency
0% Recycled Paper
0
Gray Davis
Governor
' STATE OF•CAL60RNIA •
STANDARD AGREEMENT
STD 213 (HEW 02/")
is entered into between the
State Water Resources Control Board
Citv of NewDOrt Beach
0
9- 074 -180 -0 I
ntractor named below
2. The term of this
Agreement is: 12/01/99- 12/01/02
3. The maximum amount $ 175,000.00
of this Agreement is: One hundred seventy five thousand dollars
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference
made a part of the Agreement:
Exhibit A — Scope of Work
Exhibit B — Budget Detail and Payment Provision
* Exhibit C — General Terms and Conditions
Exhibit D - SWRCB Additional Provisions
( 6 Pages)
( 2 Pages)
GTC699 6/1/99
(Number) (Dated)
3 Pages
*View at www.dgs.ca.gov /contracts
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CON "I RAC1 UK S NAMt (IJ other than an inarinawl. state whether a corporahon, partnership, etc.)
City of N port Beach
BY (Au o ed Signamre), r DATE SIGNED (Do not type)
.elm / 9 �
1>"W%s b. O'Mr'k -, MDrv3o -
P. O. Box 1768
CA 92658 -8915
STATE OF CALIFORNIA
State Water Resources Control Board
not type)
in / '-w /'P &1 1 /a /G
Bill Brown, Chief, Division of Administrative Services
901 P Street, Sacramento, CA 95814
Department of General Services
C Exempt per
SWRCB No. 9- 074 -180 -0
City of Newport Beach
EXHIBIT A -SCOPE OF WORK
SWRCB -EXA (2/2/98)
1. PROJECT OFFICIALS:
The State Water Board's Contract Manager shall be Kenneth Theisen of the Santa Ana Regional
Water Quality Control Board ( RWQCB). The Contract Manager shall be the day -to -day
representative for administration of this agreement, and, except as otherwise specifically
provided, shall have full authority to act on behalf of the State Water Board with respect to this
agreement. The State Water Board's Executive Director, or designee, may also perform any and
all acts which could be performed by the Contract Manager under this agreement. Except as
otherwise expressly provided, all communications relative to this agreement shall be given to the
Contract Manager.
The Contractor's Project Director shall be Dave Kiff, Assistant to the City Manager of the City
of Newport Beach. The Project Director shall be the Contractor's representative for the
administration of the agreement and shall have full authority to act on behalf of the Contractor.
All communications given to the Project Director shall be as binding as if given to the
Contractor.
The parties may change their Contract Manager or Project Director upon providing ten (10) days
written notice to the other parry.
2. WORK TO BE PERFORMED:
A. Scope and Obiectives:
The Orange County Health Care Agency ( OCHCA) monitors beaches throughout Newport Bay
and the City of Newport Beach to determine concentrations of various indicators of
bacteriological and pathogenic water pollution. The OCHCA uses this monitoring data to
determine if the water quality at the beaches is suitable for body contact recreation. The OCHCA
will close beaches to body contact recreation when the concentrations of the indicators exceed
water quality objectives. The OCHCA monitors beach water quality for total and fecal coliform
bacteria, a -coli bacteria, and other suitable indicators of water pollution from pathogens, and
conducts sanitary surveys to determine the sources of pollution when the indicators exceed water
quality objectives.
Based on the water quality monitoring conducted by the OCHCA, and the closure of numerous
beaches to body contact recreation throughout Newport Bay, the RWQCB has listed Newport
Bay as water quality limited, in accordance with Section 303(d) of the Clean Water Act. The
RWQCB determined that water quality in the Bay does not currently meet water quality
objectives established by the RWQCB for the protection of body contact recreation and shellfish
harvesting beneficial uses. On April 9, 1999 the RWQCB adopted amendments to the Water
Quality Control Plan for the Santa Ana River Basin (Basin Plan), establishing a Total Maximum
Page t of 6
• •
SWRCB No. 9- 074 -180 -0
City of Newport Beach
EXHIBIT A -SCOPE OF WORK
SWRCB -EXA (2/2/98)
Daily Load (TMDL) for Fecal Coliform in Newport Bay. The TMDL includes requirements for
the City of Newport Beach, and other responsible parties, to determine the sources of pollution
causing the beach closures, and to develop and implement control measures for these sources to
ensure compliance with water quality objectives.
The work to be performed under this contract includes the collection and analysis of water
samples to assist the OCHCA and the City of Newport Beach in determining the sources of
bacteriological water pollution at numerous locations throughout the City. The work includes
the collection and analysis of water samples from numerous storm drains and tributaries that
discharge into Newport Bay and city beaches to determine the sources of fecal coliform in the
discharges. The City intends to subcontract with the OCHCA, and/or other certified laboratories,
and the laboratory of Dr. Mansour Samadpour at the University of Washington, for the analysis
of the water samples. Dr. Samadpour will use his recently developed method of genetic typing
analysis of bacteria to qualitatively identify sources of fecal coliform found in the discharges.
This work will determine whether there are human sources of fecal coliform, as well as identify
the types of animals that contribute to the concentrations of fecal coliform in the discharges to
the Bay and City beaches.
The Contractor shall be responsible for the performance of the work as set forth herein below and
will be completed in cooperation with its subcontractors, the OCHCA, and/or another certified
lab, and Dr. Samadpour.
B. Work:
Task 1 Project Management
Provide all technical and administrative services as needed for project completion as described
under the scope of the contract, including but not limited to: staff resources for monitoring,
supervising, and reviewing all work performed, coordination of budgeting, scheduling, and
subcontract administration.
Quarterly Progress Reports
Prepare and submit written quarterly progress reports to the Contract Manager. The progress
reports shall detail work accomplished, discuss any problems, detail costs incurred during the
subject quarter, and document delivery of any intermediate work products. A brief outline of
upcoming work scheduled for the subsequent quarter shall also be provided. Submit progress
reports to the Contract Manager no later than the fifteenth day of the month immediately
following each calendar quarter throughout the duration of the project.
Page 2 of 6
U
EXHIBIT A -SCOPE OF WORK
SWRCB -EXA (2/2/98)
1.3 Subcontractor Selection
40
SWRCB No. 9- 074 -180 -0
City of Newport Beach
Award subcontracts as necessary to qualified consultants. The subcontractors shall be selected
by a process that complies with applicable state and federal regulations. Prepare a legally
enforceable agreement between the Contractor and selected subcontractors. The agreement shall
describe the scope of work and the products expected from the subcontractors. Submit draft
contract documents to the Contract Manager for review and approval prior to execution.
1.4 Project Survey Form
At the completion of the project and prior to final payment the Project Director shall complete
and provide a project survey form to be included with the final report.
Products: Quarterly progress reports, subcontractor selection, Project Survey Form
Task 2 Storm Drain and Tributary Sampling
2.1 Sampling Plan for Storm Drains and Tributaries
Prepare a draft sampling plan for: 1) the Back Bay Drive storm drain that discharges into the
Dunes Resort embayment; 2) San Diego Creek; 3) Santa Ana Delhi Channel; 4) Big Canyon
Wash; 5) Buck Gully; and the storm drains that discharge into Newport Bay at 6) the Arches; 7)
43rd St.; 8) 33rd St.; 9) Bahia Corinthian; 10) Carnation Cove; and 11) Pacific Coast Highway
Bridge. The sampling plan shall identify who will collect the samples and the time and
frequency of sample collection at each location specified. The sampling plan shall provide for
the analysis of the samples for total and fecal coliform, enteroccocus bacteria, and a -coli bacteria,
F +RNA coliphage, and the genetic fingerprinting of fecal coliforms to determine their host
species and the source of the bacteria. Specifically, genetic fingerprinting of the cultures will be
performed by ribosomal RNA typing using two restriction enzymes. The genetic fingerprints of
e -coli strains isolated from water samples will then be compared to genetic fingerprints of e -coli
of known origin. The sampling plan shall include the collection of the reference samples for the
comparison. Submit the draft sampling plan for the review and approval by the Contract
Manager.
2.2 Implementation of Sampling Plan for Storm Drains and Tributaries
Implement the draft sampling plan described above upon approval by the Contract Manager.
Products: A report of the analytical results showing the bacteriological water quality,
including the indicators and genetic fingerprinting described above, for the storm
drains and tributaries identified.
Page 3 of 6
SWRCB No. 9- 074 -180 -0
City of Newport Beach
EXHIBIT A -SCOPE OF WORK
SWRCB -EXA (212/98)
Task 3 Evaluation of Shedding of Bacteria in the Dunes Embayment
3.1 Sampling Plan for Evaluating Shedding of Bacteria in the Dunes Embayment
Prepare a draft sampling plan for evaluating the extent and type of bacterial shedding from
swimmers in the Dunes Resort embayment. The sampling plan shall identify who will collect
the samples and the time and frequency of sample collection at locations within the Dunes Resort
embayment. The sampling plan shall provide for the analysis of the samples for total and fecal
coliform, enteroccocus bacteria, and a -coli bacteria, F +RNA coliphage, and the genetic
fingerprinting of fecal coliforms to determine their host species and the source of the bacteria.
Specifically, genetic fingerprinting of the cultures will be performed by ribosomal RNA typing
using two restriction enzymes. The genetic fingerprints of a -coli strains isolated from water
samples will then be compared to genetic fingerprints of a -coli of known origin. The sampling
plan shall include the collection of the reference samples for the comparison. Submit the draft
sampling plan for the review and approval by the Contract Manager.
3.2 Implementation of Sampling Plan for Evaluating Shedding of Bacteria in the Dunes
Embayment
Implement the draft sampling plan described above upon approval by the Contract Manager.
Products: A report of the analytical results from the samples collected to evaluate shedding
of bacteria from swimmers.
Task 4 Evaluation of Vessel Waste Sources of Bacteria
4.1 Sampling Plan for Vessel Waste
Prepare a draft sampling plan for evaluating vessel waste in several marinas throughout Newport
Bay. The sampling plan shall identify who will collect the samples and the time and frequency
of sample collection, and the location of sampling. The sampling plan shall provide for the
analysis of the samples for total and fecal coliform, enteroccocus bacteria, and a -coli bacteria,
F +RNA coliphage, and the genetic fingerprinting of fecal coliforms to determine their host
species and the source of the bacteria. Specifically, genetic fingerprinting of the cultures will be
performed by ribosomal RNA typing using two restriction enzymes. The genetic fingerprints of
e -coli strains isolated from water samples will then be compared to genetic fingerprints of a -coli
of known origin. The sampling plan shall include the collection of the reference samples for the
comparison. Submit the draft sampling plan for the review and approval by the Contract
Manager.
Page 4 of 6
SWRCB No. 9- 074 -180-0
City of Newport Beach
EXHIBIT A -SCOPE OF WORK
SWRCB -EXA (2/2/98)
4.2 Implementation of Sampling Plan for Vessel Waste
Implement the draft sampling plan described above upon approval by the Contract Manager.
Products: A report of the analytical results from the samples collected to evaluate vessel
waste.
Task 5 Assisting the OCHCA in the Conduct of Sanitary Surveys
Prepare a draft sampling plan for assisting the OCHCA for a period of two years, in the
completion of sanitary surveys when the routine monitoring conducted by the OCHCA results in
beach closures. The sampling plan shall identify who will collect the samples and the time and
frequency of sample collection, and the location of sampling. The sampling plan shall provide
for the analysis of the samples for total and fecal coliform, enteroccocus bacteria, and a -coli
bacteria, F +RNA coliphage, and the genetic fingerprinting of fecal coliforms to determine their
host species and the source of the bacteria. Specifically, genetic fingerprinting of the cultures
will be performed by ribosomal RNA typing using two restriction enzymes. The genetic
fingerprints of a -coli strains isolated from water samples will then be compared to genetic
fingerprints of a =coli of known origin. The sampling plan shall include the collection of the
reference samples for the comparison. Submit the draft sampling plan for the review and
approval by the Contract Manager.
Products: Sanitary surveys providing the results of the analysis for the indicators and
genetic fingerprinting specified.
Page 5 of 6
0 0
SWRCB No. 9- 074 -180 -0
City of Newport Beach
EXHIBIT A -SCOPE OF WORK
SWRCB -EXA (2/2/98)
C. SCHEDULE OF COMPLETION DATES:
Task
Item
Date
I
Project Management
1.1
Project Management
Ongoing
1.2
Quarterly Progress Reports
Beginning April 15, 2000,
and quarterly thereafter
1.3
Subcontractor Selection
ongoing
2
Storm Drain and Tributary Sampling
2.1
Draft Plan
January 1, 2000
2.2
Implement Plan
January 1, 2002
3
Evaluation Of Shedding
3.1
Draft Plan
April 1, 2000
3.2
Implement Plan
April 1, 2002
4
Evaluation of Vessel Waste
4.1
Draft Plan
April 1, 2000
4.2
Implement Plan
August 1, 2002
5
Assist OCHCA Sanitary Surveys
October I, 2002
Final Report
October 1, 2002
D. REPORTS:
a. Not later than April 15, 2000, and quarterly thereafter, during the life of this contract
the Project Director shall provide a written progress report to the Contract Manager
describing activities undertaken, accomplishment of milestones, and any problems
encountered in the performance of the work under this agreement, and delivery of
intermediate products, if any.
b. The Project Director shall submit to the Contract Manager for approval the reports
containing the results of the work performed in accordance with the schedule of this
exhibit.
C. Not later than October 1, 2002, the Project Director shall submit to the Contract Manager
a final report of all the monitoring data collected pursuant to this contract.
Page 6 of 6
• •SWRCB No. 9- 074-180-0
City of Newport Beach
EXHIBIT B- BUDGET & PAYMENT PROVISIONS
SWRCB -EXB (1/1/99)
A. BUDGET:
Task
Item
Cost
I
Project Management
1.1
Project Management
$ 500
1.2
Quarterly Progress Reports
$ 500
1.3
Subcontractor Selection
$ 500
2
Storm Drain and Tributary Sampling
2.1
Draft Plan
$ 1,000
2.2
Implement Plan
$ 75,000
3
Evaluation Of Shedding
3.1
Draft Plan
$ 1,250
3.2
Implement Plan
$ 35,000
4
Evaluation of Vessel Waste
4.1
Draft Plan
$ 1,250
4.2
Implement Plan
$ 35,000
5
Assist OCHCA Sanitary Surveys
125 0 ,00
Total Cost
$175,000
B. LIMITATION OF FUNDING:
The maximum amount to be encumbered under this agreement for the 1999 -00 fiscal year
ending June 30, 2000 shall not exceed one hundred seventy five thousand dollars
($175,000.00).
C. INVOICING PROCEDURES:
The Contractor shall be paid quarterly in arrears, upon submission of an original and two
copies of the invoice which properly details all charges, expenses, direct and indirect costs.
Invoices shall be submitted to:
Kenneth Theisen
Santa Ana Regional Water Quality Control Board
3737 f4lain Street, Suite 500
Riverside, CA 92501 -3339
The original and one (1) approved copy of the invoice or payment request will be
forwarded to the State Water Board's Accounting Operations Section by the Contract
Manager. Contractors who are certified as small businesses or recognized as non-
profit organizations by the Office of Small and Minority Business will be paid in
accordance with California Government Code, Title 1, Section 926.15. Invoices for all
other contractors shall be paid within 45 calendar days. In either situation, payment of
any invoice will be made only after receipt of a complete, adequately supported,
property documented and accurately addressed invoice or payment request. Failure to
use the address exactly as provided above may result in return of the invoice or
payment request to the Contractor. Payment shall be deemed complete upon deposit
Page I of 2
• •SWRCB No. 9- 074 -180 -0
City of Newport Beach
of the payment, properly addressed, postage prepaid, in the United States mail. All
invoices must be approved by the Contract Manager.
2. Payments prior to satisfactory completion of all work required by the agreement shall
not exceed, in the aggregate, ninety percent (90 %) of the total earned with the balance
to be paid upon satisfactory completion of the agreement, and provided, further, that the
State Water Board shall retain from the Contractor's earnings for each period for which
payment is made an amount equal to ten percent (10 %) of such earnings, pending
satisfactory completion of the agreement.
3. The invoice shall contain the following information:
(a) The word "INVOICE" should appear in a prominent location at the top of the
page(s);
(b) Printed name of the Contractor;
(c) Business address of the Contractor, including P.O. Box, City, State, and Zip
Code;
(d) Name of State Water Board /Regional Water Board being billed;
(e) The date of the invoice;
(f) The number of the agreement upon which the claim is based; and
(g) An itemized account of the services for which the State Water Board is being
billed:
(1) The time period covered by the invoice, i.e., the term "from" and "to ";
(2) A brief description of the services performed;
(3) The method of computing the amount due. The invoice shall detail the
percentage of each task completed during the invoice period multiplied by
the agreed upon cost to perform each task, as specified in the Budget less
the ten percent (10 %) withhold, if any;
(4) The total amount due; this should be in a prominent location in the lower
right -hand portion of the last page and clearly distinguished from other
figures or computations appearing on the invoice; the total amount due
shall include all costs incurred by the Contractor under the terms of this
agreement; and
(5) Original signature of Contractor (not required of established firms or entities
using preprinted letterhead invoices).
Page 2 of 2
• • SWRCB No. 9- 074 -180-0
City of Newport Beach
EXHIBIT D- -SWRCB ADDITIONAL PROVISIONS
SWRCB -AP (5126/99)
DISPUTES: Any dispute arising under or relating to the terms of this Agreement, or related to
performance hereunder, which is not disposed of by Agreement shall be decided by the Contract
Manager, who shall reduce such decision to writing and mail or otherwise fumish a copy thereof
to the Contractor. The decision of the Contract Manager shall be final and conclusive unless,
within fifteen (15) calendar days from the date of receipt of such copy, the Contractor mails or
otherwise delivers a written appeal to the State's Executive Director. The decision of the State's
Executive Director, or authorized representative, on such appeal shall be final and conclusive
unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or
arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by any
substantial evidence. In connection with any appeal under this Section, the Contractor shall be
afforded an opportunity to be heard and to offer evidence and argument in support of the appeal.
Pending final decision on any dispute hereunder, the Contractor shall proceed diligently with the
performance of the Agreement work as directed by the Contract Manager unless the Contractor
has received notice of termination. Decisions on any disputes hereunder may include decisions
of both fact and law; rop vided, however, that nothing herein shall be construed as making final
any decision on a question of fact or law in the event of any subsequent legal proceeding before
a court of competent jurisdiction.
Authority to terminate performance under the terms of this Agreement is not subject to appeal
under this Section. All other issues including, but not limited to, the amount of any equitable
adjustment, and the amount of any compensation or reimbursement which should be paid to the
Contractor shall be subject to the disputes process under this Section. (PCC 10240.5, 10381,
22200 at seq, 40 CFR 31.70)
2. RIGHTS IN DATA: The Contractor agrees that all data, plans, drawings, specifications, reports,
computer programs, operating manuals, notes, and other written or graphic work produced in the
performance of this Agreement are subject to the rights of the State as set forth in this section.
The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in
any manner and for any purposes whatsoever and to authorize others to do so. If any such work
is copyrightable, the Contractor may copyright the same, except that as to any work which is
copyrighted by the Contractor, the State reserves a royalty -free, nonexclusive, and irrevocable
license to reproduce, publish, and use such work, or any part thereof, and to authorize others to
do so. (40 CFR 31.34, 31.36)
3. INCOME RESTRICTIONS: The Contractor agrees that any refunds, rebates, credits, or other
amounts (including any interest thereon) accruing to or received by the Contractor under this
Agreement shall be paid by the Contractor to the State, to the extent that they are properly
allocable to costs for which the Contractor has been reimbursed by the State under this
Agreement.
4. DISCLOSURE REQUIREMENTS: Any document or written report prepared in whole or in part
pursuant to this Agreement shall contain a disclosure statement indicating that the document or
written report was prepared through Agreement with the State. The disclosure statement shall
include the Agreement number and dollar amount of all Agreements and subcontracts relating to
the preparation of such documents or written reports. The disclosure statement shall be
contained in a separate section of the document or written report.
If the Contractor or subcontractor(s) are required to prepare multiple documents or written
reports, the disclosure statement may also contain a statement indicating that the total
Agreement amount represents compensation for multiple documents or written reports.
Page t of 3
• SWRCB No. 9- 074 -100 -0
City of Newport Beacb
EXHIBIT D- -SWRCB ADDITIONAL PROVISIONS (Continued)
SWRCB -AP (5/26/99)
The Contractor shall include in each of its subcontracts for work under this Agreement a
provision which incorporates the requirements stated within this Section. (Gov. Code 7550, 40
CFR 31.20)
5. PERMITS, SUBCONTRACTING, WAIVER, REMEDIES AND DEBARMENT: The Contractor
shall procure all permits and licenses necessary to accomplish the work contemplated in this
Agreement, pay all charges and fees, and give all notices necessary and incidental to the due
and lawful prosecution of the work.
Any subcontractors, outside associates, or consultants required by the Contractor in connection
with the services covered by this Agreement shall be limited to such individuals or firms as were
specifically identified and agreed to during negotiations for this Agreement, or as are specifically
authorized by the Contract Manager during the performance of this Agreement. Any
substitutions in, or additions to, such subcontractors, associates, or consultants, shall be subject
to the prior written approval of the Contract Manager.
Any waiver of rights with respect to a default or other matter arising under the Agreement at any
time by either party shall not be considered a waiver of rights with respect to any other default or
matter.
Any rights and remedies of the State provided for in this Agreement are in addition to any other
rights and remedies provided by law.
Contractor shall not subcontract with any party who is debarred or suspended or otherwise
excluded from or ineligible for participation in federal assistance programs under Executive Order
12549, "Debarment and Suspension ". Contractor shall not subcontract with any individual or
organization on USEPA's List of Violating Facilities. (40 CFR, Part 31.35, Gov. Code 4477)
6. NOVATION: If the Contractor proposes any novation Agreement, the State shall act upon the
proposal within 60 days after receipt of the written proposal. The State may review and consider
the proposal, consult and negotiate with the Contractor, and accept or reject all or part of the
proposal. Acceptance or rejection may be made orally within the 60-day period, and confirmed in
writing within five days. No novation shall become operative or otherwise binding on the State
pursuant to this paragraph in the absence of a formal Agreement amendment which has been
approved in accordance with all applicable State policy, laws and procedures.
CONTRACT MODIFICATIONS: The State Water Board may, at any time, without notice to any
sureties, by written order designated or indicated to be a "contract modification ", make any
change in the work to be performed under this agreement so long as the modified work is within
the general scope of work called for by this agreement, including but not limited to changes in the
specifications or in the method, manner, or time of performance of work. If the Contractor
intends to dispute the change, the Contractor must, within ten (10) days after receipt of a written
.'contract modification ", submit to the State Water Board a written statement setting forth the
disagreement with the change.
8. TERMINATION: The State Water Board may terminate performance of work under this
agreement upon 30 days written notice.
Any termination shall be effected by written notice to the Contractor, either hand-delivered to the
Contractor or sent certified mail, return receipt requested. The notice of termination shall specify
the effective date of termination.
Page 2 of 3
• SWRCB No. 9- 074 -180 -0
City of Newport Beach
EXHIBIT D- -SWRCB ADDITIONAL PROVISIONS (Continued)
SWRCB -AP (5/26/99)
Upon receipt of notice of termination, and except as otherwise directed in the notice, the
Contractor shall:
(a) Stop work on the date specified in the notice,
(b) Place no further orders or enter into any further subcontracts for materials, services or
facilities except as necessary to complete work under the agreement up to effective date
of termination;
(c) Terminate all orders and subcontracts;
(d) Promptly take all other reasonable and feasible steps to minimize any additional cost,
loss, or expenditure associated with work terminated, including, but not limited to
reasonable settlement of all outstanding liability and claims arising out of termination of
orders and subcontracts;
(e) Deliver or make available to the State Water Board all data, drawings, specifications,
reports, estimates, summaries, and such other information and material as may have
been accumulated by the Contractor under this agreement, whether completed, partially
completed, or in progress.
In the event of termination, an equitable adjustment in the price provided for in this agreement
shall be made. Such adjustment shall include reasonable compensation for all services
rendered, materials supplied, and expenses incurred pursuant to this agreement prior to the
effective date of termination. (PCC 10253, G.C. 11010.5, 40 CFR 31.36)
Page 3 of 3
C 3'? (5
• 4YEVISED0 3�' ,SEM -3
Zo 010y Fl
TO: Members of the Newport Beach City Council '' 9
FROM: Dave Kiff, Assistant to the City Manager
APPROVED
SUBJECT: DNA Study of Contaminants to Newport Bay - Approval of Preliminary
Scope of Work and Authorization to Approve Contract &" cl r( - 5 to
RECOMMENDED
ACTION:
A) Approve, in concept, proposed Scope of Work for DNA Study;
B) Adopt Resolution 99 -, authorizing the Mayor to approve a future contract
with the California Regional Water Quality Control Board (Santa Ana
Region) for a DNA study of contaminants to Newport Bay based on the
approved Scope of Work.
EXECUTIVE The City wants to know the true source of certain Bay contaminants -bird
SUMMARY: droppings, dog or cat waste, or human waste -- so that we can better combat
problems where they exist. To this end, Governor Gray Davis has approved
spending $175,000 in State dollars to " fingerprint" Newport Bay contaminants
according to their DNA code.
The City will work with other interested parties (the Regional Board, the County,
and the Harbor Quality Committee) to review the DNA work done by the
proposed contractor, Dr. Mansour Samadpour of the University of Washington.
This item includes the proposed Scope of Work and the proposed Contract
between the Regional Board and the City that will encumber the State funds.
Pending State approval of the Scope and Contract, the contractor may take test
samples as soon as the end of August, with data reported within 3 -4 months.
BACKGROUND: How safe are our coastal waters for swimmers? Usually very safe. But large rain
events and certain urban summertime flows can bring disease - causing pathogens
Is it safe to swim in the (such as bacteria, viruses, and protozoa) into Newport Bay and the ocean,
Bay? causing a health hazard. Listed here are some common 'pathogens" and the
human diseases that they may cause:
•E. soli (bacteria) - gastroenteritis
• Salmonella typhi (bacteria) - typhoid fever
• Shigella dysenteriae (bacteria) - bacterial dysentery
• Cryptosporidium (protozoa) - diarrhea
• Giardia lamblia (protozoa) - diarrhea
• Rotavirus (virus) - gastroenteritis
• Coxackievirus (virus) - respiratory disease, fevers, rashes
• Hepatitus A (virus) - infectious hepatitus (liver malfunction)
Newport Beach City Council
0 fFEVISED
rage=
BACKGROUND: It's difficult and quite expensive to determine if the above pathogens exist in our
(cont'd) coastal waters -so the Environmental Health Division of the Orange County
Health Care Agency ( OCHCA) tests instead for indicators of the pathogens.
Pathogen Indicators Because science tells us that the pathogens may be present at the same time as
these indicators, we assume that the presence of the indicators means that one or
more of the pathogens may be present, too.
AB 411 (Wayne) In 1997, the State Legislature passed AB 411 (Wayne, D -San Diego), which
established statewide testing standards for pathogen indicators. AB 411 requires
health officials to "post" beaches as closed for water contact activities if the
following standards were met or exceeded:
• Total Coliform (if more than 10,000 organisms are present in a single 100 ml sample)
• Fecal Coliform (400 organisms/ 100 ml)
• Enterococci (104 organisms /100 ml)
The Wayne bill also adopted a "30 day log mean" standard for each of the three
indicators -so that beaches must be posted and closed if a beach exceeds certain
standards over a 30 -day average of five weekly samples). This bill, despite its
adoption in 1997, has only recently become effective (late July 1999) due to delays
in the State's adoption of regulations implementing AB 411.
County of Orange water Even before the effective date of the Wayne bill, Orange County has been a
quality testing program leader in coastal water quality testing. OCHCA began its sampling program in
1965 and now samples weekly at 35 specific areas in Newport Bay. The Orange
County Sanitation District tests eight areas 3x a week in the surfzone along the
oceanfront. While a significant majority of the Bay and oceanfront routinely
shows low levels of the three indicators, urban runoff typically causes the
following areas to exceed statewide standards:
Problem Areas • North Beach at Newport Dunes
• Tributaries to Newport Bay -San Diego Creek, Santa Ana Delhi Channel,
and Big Canyon Creek
• 43�d Street Beach
• 38th Street Beach
• 33rd Street Channel
*"Arches" Bridge
• Rhine Channel
Recent Closures As a result of AB 411 and the OCHCA testing program, the beaches at 43�d Street
and 38th Street in West Newport were closed to water contact sports on July 28,
1999. The closure of the beaches invites the question of what caused the high
levels of one or more of the three indicators.
We know that these indicators can come from a variety of sources - soils,
Sources of decaying vegetation, animal wastes, and human waste. But we cannot isolate the
Contamination cause any further without conducting additional -and expensive - testing. One
way to determine whether or not the indicators are caused by birds, animals, or
humans is to match the indicators' DNA (deoxyribonucleic acid) or "genetic
code" with known DNA from a "library' of various birds and animals common
to the testing area.
0 REVISED Page 3
BACKGROUND: In Fall 1997, the City of Coronado wanted to determine the source of a
(cont'd) persistently high coliform level coming from storm drain discharges at a region
of the City known as North Beach. The high coliform counts led to beach
closures, public health risks, and scrutiny by regulatory agencies.
Coronado's Experience Coronado contracted with Woodward- Clyde, an environmental services
company, to conduct a source characterization study of the coliform and to
propose alternatives that would remedy the problem. To conduct the source
characterization portion of the contract, Woodward -Clyde subcontracted with
Dr. Mansour Samadpour of the University of Washington. Samadpour first
"genetically fingerprinted" 253 E coli strains from 125 separate water samples
taken from a single outfall pipe at North Beach. Samadpour then gathered
samples from local animals in the area (cats, dogs, opossums, sea gulls, coots,
herons) and attempted to match the E coli strains with the " ribotypes" of local
animals and ribotypes in his database.
DNA Matches Samadpour was able to match 45% of the strains with database ribotypes. Of
these matches:
• 62% matched ribotypes of humans
• 19% matched ribotypes of birds
• 7% matched ribotypes of dogs
• 6% matched ribotypes of cats, and
• 6% matched ribotypes of rodents.
According to Woodward - Clyde, the "state of the science" at the time of the
Coronado study was to be able to match less than 60% of the total samples. As
noted, Dr. Samadpour reached 45 %.
The UV Solution Woodward -Clyde took the results of the Samadpour analysis and concluded that
some sanitary sewage was entering the storm water/ ground water system.
Eventually the company worked with Coronado to develop an end -of -pipe
treatment system using Ultraviolet light to "disinfect" the flows.
City's State Budget In March 1999, Newport Beach resident Dr. Jack Skinner notified us of the
Request - Success! Coronado study and suggested that it be done in Newport Bay. We asked
Assembly Member Marilyn Brewer (R- Irvine) to seek $175,000 in State funding
for this study. In July 1999, the City learned that Governor Gray Davis had
approved the appropriation and authorized the City to conduct the study under
the guidance and review of the California Regional Water Quality Control Board
(Santa Ana Region).
The Scope of Work To prepare the Scope of Work for the Study, we met with Ken Theisen of the
Regional Board, Larry Honeybourne and Monica Mazur of OCHCA, Holly Veale
of Supervisor Wilson's Office, and Dr. Skinner on Thursday, July 22. We will
continue to rely upon these individuals to "guide" the Study. As a result of the
meeting, Mr. Theisen prepared a Scope of Work which identifies five key aspects
of the Study. The aspects follow:
• • REVISED
BACKGROUND: Five Aspects of Proposed DNA Study
(cont'd) O Study/ Project Management
-- Quarterly Reports to Regional Board
-- City's management of subcontractors
® Storm Drain and Tributary Sampling
-- Sampling and DNA testing of E soli from these " priority areas ":
I) Newport Dunes, North Beach
2) San Diego Creek
3) Santa Ana -Delhi Channel
4) Big Canyon Wash
5) Buck Gully (outlet at Little Corona beach)
6) Arches storm drain (Newport Blvd and PCH)
7) 43m Street Beach storm drain
8) 33rd Street storm drain
9) Storm drain at Bahia Corinthian Yacht Club
10) Carnation Cove storm drain
11) Storm drain at PCH/Dover Bridge
® Newport Dunes /Bacterial Shedding Sampling
-- Sampling and DNA analysis of E tali collected in -bay at Newport Dunes
during heavy swimmer use of Dunes embayment.
O Vessel Waste Sampling
-- Sampling and DNA analysis of E coli collected in -bay at "several marinas
throughout Newport Bay."
® Assistance of OCHCA with Sanitary Surveys
-- When OCHCA closes a beach during a 2 -year period of the Study, the Study
will fund OCHCA's DNA analysis of the sampled contaminants to allow
OCHCA to "source" the contaminants which caused the beach closure.
Meeting Several City This Scope of Work will enable the City to accomplish several goals -we can:
Goals • Better understand what's coming down our storm drains and what's
coming into the Upper Bay from other cities.
• Better understand the amount of contaminants contributed by swimmers.
• Complete at least one of the requirements of the Pathogen TMDL (Total
Maximum Daily Loads) via the evaluation of vessel discharges.
• Assist the County in identifying (and later eliminating) causes of beach
closures when County samples show high coliform readings.
It is important to note that the science associated with this Study may require additional
peer review before it can be used as anything more than a guide to policy- makers. As
such, the City believes that the Study will complement -but not supplant -- future
research efforts yet to be determined.
Action Requested This agenda item asks the Council to approve, in concept, the DRAFT Scope of
Today ... Work described above and contained in Attachment B. It further asks that the
Council adopt a resolution (which will be sent by the Regional Board to the State)
that authorizes the Mayor to execute a future contract between the City and the
Regional Board based on this Scope of Work.
PREVIOUS At its meeting on August 5, the Harbor Quality Committee unanimously voted
ACTIONS: to forward this item to the Council for approval of the recommended actions.
ATTACHMENTS: Attachment A: Resolution 99-
Attachment B: DRAFT Scope of Work for DNA Study
Attachment C: Original Budget Request to Assembly Member Brewer
0 0
ITEM 3
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Assistant to the City Manager
SUBJECT: DNA Study of Contaminants to Newport Bay - Approval of Preliminary
Scope of Work and Authorization to Approve Contract
RECOMMENDED
ACTION:
A) Approve, in concept, proposed Scope of Work for DNA Study;
B) Adopt Resolution 99 -_ authorizing the Mayor to approve a future contract
with the California Regional Water Quality Control Board (Santa Ana
Region) for a DNA study of contaminants to Newport Bay based on the
approved Scope of Work.
EXECUTIVE The City wants to know what the true source of certain Bay contaminants is -
SUMMARY: bird droppings, dog or cat waste, or human waste -- so that we can better combat
problems where they exist. To this end, Governor Gray Davis has approved
spending $175,000 in State dollars to " fingerprint" Newport Bay contaminants
according to their DNA code.
The City will work with other interested parties (the Regional Board, the County,
and the Harbor Quality Committee) to review the DNA work done by the
proposed contractor, Dr. Mansour Samadpour of the University of Washington.
This item includes the proposed Scope of Work and the proposed Contract
between the Regional Board and the City that will encumber the State funds.
Pending State approval of the Scope and Contract, the contractor may take test
samples as soon as the end of August, with data reported within 3.4 months.
BACKGROUND: How safe are our coastal waters for swimmers? Usually very safe. But large rain
events and certain urban summertime flows can bring disease - causing pathogens
Is it safe to swim in the (like bacteria, viruses, and protozoa) into Newport Bay and the ocean, causing a
Bay? health hazard. Here are the more common " pathogens" and the human diseases
that they may cause:
•E. Coli (bacteria) - gastroenteritis
• Salmonella typhi (bacteria) - typhoid fever
• Shigella dysenteriae (bacteria) - bacterial dysentery
• Cryptosporidium (protozoa) - diarrhea
• Giardw lamblia (protozoa) - diarrhea
• Rotavirus (virus) - gastroenteritis
• Coxackievirus (virus) - respiratory disease, fevers, rashes
• Hepatitus A (virus) - infectious hepatitus (liver malfunction)
Newport Beach City Council
• • Page 2
BACKGROUND: It's difficult and quite expensive to determine if the above pathogens exist in our
(cont'd) coastal waters -so the Environmental Health Division of the Orange County
Health Care Agency (OCHCA) tests instead for indicators of the pathogens.
Pathogen Indicators Because science tells us that the pathogens may be attached to these indicators,
we assume that the presence of the indicators means that one or more of the
pathogens are present, too.
AB 411 (Wayne) In 1997, the State Legislature passed AB 411 (Wayne, D -San Diego), which
established statewide testing standards for pathogen indicators. AB 411 required
counties to test for:
• Total Coliform (if more than 10,000 organisms are present in a single 100 ml sample,
a beach must be "posted" as closed for water contact activities)
• Fecal Coliform (400 organisms /100 ml)
• Enterococci (104 organisms /100 ml)
The Wayne bill also adopted a "30 day log mean" standard for each of the three
indicators -so that beaches must be posted and closed if a beach exceeds certain
standards over a 30 -day average of five weekly samples). This bill, despite its
adoption in 1997, has only recently become effective (late July 1999) due to delays
in the State's adoption of regulations implementing AB 411.
County of Orange water Even before the effective date of the Wayne bill, Orange County has been a
quality testing program leader in coastal water quality testing. OCHCA began its sampling program in
1965 and now samples either once -a -week or 3x -a -week at 35 specific areas in
Newport Bay. The Orange County Sanitation District tests eight areas in the
surfzone along the oceanfront. While a significant majority of the Bay and
oceanfront routinely shows low levels of the three indicators, urban runoff
Problem Areas typically causes the following areas to exceed statewide standards:
• North Beach at Newport Dunes
• Tributaries to Newport Bay -San Diego Creek, Santa Ana Delhi Channel,
and Big Canyon Creek
• 431d Street Beach
• 38'h Street Beach
• 33,d Street Channel
• "Arches' Bridge
• Rhine Channel
Recent Closures As a result of AB 411 and the OCHCA testing program, the beaches at 43,d Street
and 38th Street in West Newport were closed to water contact sports on July 28,
1999. The closure of the beaches invites the question of what caused the high
levels of one or more of the three indicators.
We know that these indicators can come from a variety of sources - soils,
Sources of decaying vegetation, animal wastes, and human waste. But we cannot isolate the
Contamination cause any further without conducting additional -and expensive - testing. One
way to determine whether or not the indicators are caused by birds, animals, or
humans is to match the indicators' DNA (deoxyribonucleic acid) or "genetic
code" with known DNA from a "library" of various birds and animals common
to the testing area.
A
• Page 3
BACKGROUND: In Fall 1997, the City of Coronado wanted to determine the source of a
(cont'd) persistently high coliform level coming from storm drain discharges at a region
of the City known as North Beach. The high coliform counts led to beach
closures, public health risks, and scrutiny by regulatory agencies.
Coronado's Experience Coronado contracted with Woodward- Clyde, an environmental services
company, to conduct a source characterization study of the coliform and to
propose alternatives that would remedy the problem. To conduct the source
characterization portion of the contract, Woodward -Clyde subcontracted with
Dr. Mansour Samadpour of the University of Washington. Samadpour first
"genetically fingerprinted" 253 E Coli strains from 125 separate water samples
taken from a single outfall pipe at North Beach. Samadpour then gathered
samples from local animals in the area (cats, dogs, opossums, sea gulls, coots,
herons) and attempted to match the E Coli strains with the "ribotypes" of local
animals and ribotypes in his database.
DNA Matches Samadpour was able to match 45% of the strains with database ribotypes. Of
these matches:
• 62% matched ribotypes of humans
• 19% matched ribotypes of birds
• 7% matched ribotypes of dogs
• 6% matched ribotypes of cats, and
• 6% matched ribotypes of rodents.
According to Woodward- Clyde, the "state of the science" at the time of the
Coronado study was to be able to match less than 60% of the total samples. As
noted, Dr. Samadpour reached 45 %.
The UV Solution Woodward -Clyde took the results of the Samadpour analysis and concluded that
some sanitary sewage was entering the storm water/ ground water system.
Eventually the company worked with Coronado to develop an end -of -pipe
treatment system using Ultraviolet light to " disinfect" the flows.
City's State Budget In March 1999, Newport Beach resident Dr. Jack Skinner notified us of the
Request - Success! Coronado study and suggested that it be done in Newport Bay. We asked
Assembly Member Marilyn Brewer (R- Irvine) to seek $175,000 in State funding
for this study. In July 1999, the City learned that Governor Gray Davis had
approved the appropriation and authorized the City to conduct the study under
the guidance and review of the California Regional Water Quality Control Board
(Santa Ana Region).
The Scope of Work To prepare the Scope of Work for the Study, we met with Ken Theisen of the
Regional Board, Larry Honeyboume and Monica Mazur of OCHCA, Holly Veale
of Supervisor Wilson's Office, and Dr. Skinner on Thursday, July 22. We will
continue to rely upon these individuals to "guide" the Study. As a result of the
meeting, Mr. Theisen prepared a Scope of Work which identifies five key aspects
of the Study. The aspects follow:
• Better understand what's coming into the Upper Bay from other cities.
• Better understand the amount of contaminants contributed by swimmers.
• Complete at least one of the requirements of the Pathogen TMDL (Total
Maximum Daily Loads) via the evaluation of Vessel Discharges.
• Assist the County in identifying (and later eliminating) causes of beach
closures when County samples show high coliform readings.
Action Requested This agenda item asks the Council to approve, in concept, the DRAFT Scope of
Today ... Work described above and contained in Attachment B. It further asks that the
Council adopt a resolution (which will be sent by the Regional Board to the State)
that authorizes the Mayor to execute a future contract between the City and the
Regional Board based on this Scope of Work.
PREVIOUS At its meeting on August 5, the Harbor Quality Committee voted to forward this
ACTIONS: item to the City Council for formal approval of the recommended actions.
ATTACHMENTS: Attachment A: Resolution 99-
Attachment B: DRAFT Scope of Work for DNA Study
Attachment C: Original Budget Request to Assembly Member Brewer
• • Page 4
BACKGROUND:
Five Aspects of Proposed DNA Study
(cont'd)
O Study /Project Management
Quarterly Reports to Regional Board
- City's management of subcontractors
® Storm Drain and Tributary Sampling
- Sampling and DNA testing of E Coh from these "priority areas`:
1) Newport Dunes, North Beach
2) San Diego Creek
3) Santa Ana -Delhi Channel
4) Big Canyon Wash
5) Buck Gully (outlet at Little Corona beach)
6) Arches storm drain (Newport Blvd and PCH)
7) 43,d Street Beach storm drain
8) 33,a Street storm drain
9) Storm drain at Bahia Corinthian Yacht Club
10) Carnation Cove storm drain
11) Storm drain at PCH/Dover Bridge
® Newport Dunes /Bacterial Shedding Sampling
-- Sampling and DNA analysis of E Coh collected in -bay at Newport Dunes
during heavy swimmer use of Dunes embayment.
O Vessel Waste Sampling
--Sampling and DNA analysis of E Col i collected in -bay at "several marinas
throughout Newport Bay."
® Assistance of OCHCA with Sanitary Surveys
-- When OCHCA closes a beach during a 2 -year period of the Study, the Study
will fund OCHCA's DNA analysis of the sampled contaminants to allow
OCHCA to "source" the contaminants which caused the specific beach
closure.
Meeting Several City
This Scope of Work will enable the City to accomplish several goals -we can:
Goals
• Better understand what's coming down our storm drains.
• Better understand what's coming into the Upper Bay from other cities.
• Better understand the amount of contaminants contributed by swimmers.
• Complete at least one of the requirements of the Pathogen TMDL (Total
Maximum Daily Loads) via the evaluation of Vessel Discharges.
• Assist the County in identifying (and later eliminating) causes of beach
closures when County samples show high coliform readings.
Action Requested This agenda item asks the Council to approve, in concept, the DRAFT Scope of
Today ... Work described above and contained in Attachment B. It further asks that the
Council adopt a resolution (which will be sent by the Regional Board to the State)
that authorizes the Mayor to execute a future contract between the City and the
Regional Board based on this Scope of Work.
PREVIOUS At its meeting on August 5, the Harbor Quality Committee voted to forward this
ACTIONS: item to the City Council for formal approval of the recommended actions.
ATTACHMENTS: Attachment A: Resolution 99-
Attachment B: DRAFT Scope of Work for DNA Study
Attachment C: Original Budget Request to Assembly Member Brewer
• • Page 5
Attachment A
RESOLUTION 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
AUTHORIZING THE MAYOR TO EXECUTE A $175,000 CONTRACT
ON BEHALF OF THE CITY
WITH THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
FOR A DNA STUDY OF WATER QUALITY CONTAMINANTS
WHEREAS, the City Council of the City of Newport Beach has long been concerned about
protecting the water quality of Newport Bay and the Orange County coastline; and
WHEREAS, the County of Orange and the Orange County Sanitation District both perform
water sampling in and around Newport Beach on a routine basis to ensure that waters are safe for
swimmers and other water contact sports; and
WHEREAS, current testing and sampling can tell policy- makers that an area is contaminated
with bacteria that may be harmful to swimmers, but it cannot typically tell whether the source of the
contamination is human, avian, canine, or of some other origin; and
WHEREAS, recent work done in San Diego County that has "genetically fingerprinted"
contaminants has enabled policy - makers there to better understand the sources of water
contamination; and
WHEREAS, the State of California, with the assistance of State Assembly Member Marilyn
Brewer, Governor Gray Davis, and the California Regional Water Quality Control Board (Santa Ana
Region), has authorized the expenditure of $175,000 by the City of Newport Beach to conduct genetic
fingerprinting of contaminants to the waters around Newport Beach; and
WHEREAS, the Regional Board has developed a Scope of Work for the fingerprinting study
and wishes to enter into a contract with the City to manage the Study and its contractors and
subcontractors; now, therefore be it
RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH that the Council
supports the Regional Board and City staff in the completion of this Study and hereby authorizes the
Mayor to enter into a contract not to exceed $175,000 on behalf of the City with the Regional Board for
the performance and management of the Study.
ADOPTED this 9w day of August, 1999
MAYOR
ATTEST:
CITY CLERK
•
Attachment B
Page 6
DRAFT SCOPE OF WORK
CONTRACT WITH
THE CITY OF NEWPORT BEACH
FOR A
STUDY TO DETERMINE SOURCES OF BACTERIOLOGICAL CONTAMINATION AT BEACHES IN
NEWPORT BEACH AND NEWPORT BAY
1. Project Officials
The State Water Resources Control Board's ( SWRCB) Contract Manager shall be Kenneth Theisen of
the Santa Ana Regional Water Quality Control Board ( RWQCB). The Contract Manager shall be the
day -to day representative for administration of this agreement, and, except as otherwise specifically
provided, shall have full authority to act on behalf of the SWRCB with respect to this agreement. The
SWRCB's Executive Director, or designee, may also perform any and all acts which would be
performed by the Contract Manager under this agreement. Except as otherwise expressly provided,
all communications relative to this agreement shall be given to the Contract Manager.
The Contractor's Project Director shall be Dave Kiff, Assistant to the City Manager of the City of
Newport Beach. The Project Director shall be the Contractor's representative for the administration of
the agreement and shall have full authority to act on behalf of the Contractor. All communications
given to the Project Director shall be as binding as if given to the Contractor.
The parties may change their Contract Manager and Project Director upon providing ten (10) days
written notice to the other party.
2. Work to be Performed
The Orange County Health Care Agency ( OCHCA) monitors beaches throughout Newport Bay and
the City of Newport Beach to determine concentrations of various indicators of bacteriological and
pathogenic water pollution. The OCHCA uses this monitoring data to determine if the water quality at
the beaches is suitable for body contact recreation. The OCHCA will close beaches to body contact
recreation when the concentrations of the indicators exceed water quality objectives. The OCHCA
monitors beach water quality for total and fecal coliform bacteria, a -coli bacteria, and other suitable
indicators of water pollution from pathogens, and conducts sanitary surveys to determine the sources
of pollution when the indicators exceed water quality objectives.
Based on the water quality monitoring conducted by the OCHCA, and the closure of numerous
beaches to body contact recreation throughout Newport Bay, the RWQCB has listed Newport Bay as
water quality limited, in accordance with Section 303(d) of the Clean Water Act. The RWQCB
determined that water quality in the Bay does not currently meet water quality objectives established
by the RWQCB for the protection of body contact recreation and shellfish harvesting beneficial uses.
On April 9, 1999 the RWQCB adopted amendments to the Water Quality Control Plan for the Santa
Ana River Basin (Basin Plan), establishing a Total Maximum Daily Load (TMDL) for Fecal Coliform in
Newport Bay. The TMDL includes requirements for the City of Newport Beach, and other responsible
parties, to determine the sources of pollution causing the beach closures, and to develop and
implement control measures for these sources to ensure compliance with water quality objectives.
The work to be performed under this contract includes the collection and analysis of water samples to
assist the OCHCA and the City of Newport Beach in determining the sources of bacteriological water
pollution at numerous locations throughout the City. The work includes the collection and analysis of
water samples from numerous storm drains and tributaries that discharge into Newport Bay and city
beaches to determine the sources of fecal coliform in the discharges. The City intends to subcontract
with the OCHCA, and /or other certified laboratories, and the laboratory of Dr. Mansour Samadpour at
0
• Page 7
the University of Washington, for the analysis of the water samples. Dr. Samadpour will use his
recently developed method of genetic typing analysis for a -coli bacteria to qualitatively identify sources
of fecal coliform found in the discharges. This work will determine whether there are human sources
of fecal coliform, as well as identify the types of animals that contribute to the concentrations of fecal
coliform in the discharges to the Bay and City beaches.
The Contractor shall be responsible for the performance of the work as set forth herein below and will
be completed in cooperation with its subcontractors, the OCHCA, and /or another certified lab, and Dr.
Samadpour.
Task 1 Project Management
1.1 Project Management
Provide all technical and administrative services as needed for project completion as
described under the scope of the contract, including but not limited to: staff resources
for monitoring, supervising, and reviewing all work performed, coordination of
budgeting, scheduling, and subcontract administration.
1.2 Quarterly Progress Reports
Prepare and submit written quarterly progress reports to the Contract Manager. The
progress reports shall detail work accomplished, discuss any problems, detail costs
incurred during the subject quarter, and document delivery of any intermediate work
products. A brief outline of upcoming work scheduled for the subsequent quarter shall
also be provided. Submit progress reports to the Contract Manager no later than the
fifteenth day of the month immediately following each calendar quarter throughout the
duration of the project.
1.3 Subcontractor Selection
Award subcontracts as necessary to qualified consultants. The subcontractors shall
be selected by a process that complies with applicable state and federal regulations.
Prepare a legally enforceable agreement between the Contractor and selected
subcontractors. The agreement shall describe the scope of work and the products
expected from the subcontractors. Submit draft contract documents to the Contract
Manager for review and approval prior to execution.
1.4 Project Survey Form
At the completion of the project and prior to final payment the Project Director shall
complete and provide a project survey form to be included with the final report.
Products: Quarterly progress reports, subcontractor selection, Project Survey Form
Task 2 Storm Drain and Tributary Sampling
2.1 Sampling Plan for Storm Drains and Tributaries
Prepare a draft sampling plan for: 1) the Back Bay Drive storm drain that discharges
into the Dunes Resort embayment, 2) San Diego Creek, 3) Santa Ana Delhi Channel,
4) Big Canyon Wash, 5) Buck Gully, and the stone drains that discharge into Newport
Bay at 6) the Arches, 7) 43rd St., 8) 33"1 St., 9) Bahia Corinthian, 10) Carnation Cove,
and 11) Pacific Coast Highway Bridge. The sampling plan shall identify who will
collect the samples and the time and frequency of sample collection at each location
specified. The sampling plan shall provide for the analysis of the samples for total
• • Page 8
and fecal coliform, enteroccocus bacteria, and a -coli bacteria, and the genetic
fingerprinting of fecal coliforms to determine their host species and the source of the
bacteria. Specifically, genetic fingerprinting of the cultures will be performed by
ribosomal RNA typing using two restriction enzymes. The genetic fingerprints of a -coli
strains isolated from water samples will then be compared to genetic fingerprints of e-
coli of known origin. The sampling plan shall include the collection of the reference
samples for the comparison. Submit the draft sampling plan for the review and
approval by the Contract Manager.
2.2 Implementation of Sampling Plan for Storm Drains and Tributaries
Implement the draft sampling plan described above upon approval by the Contract
Manager.
Products: A report of the analytical results showing the bacteriological water quality,
including the indicators and genetic fingerprinting described above, for the
storm drains and tributaries identifed.
Task 3 Evaluation of Shedding of Bacteria in the Dunes
Embayment
3.1 Sampling Plan for Evaluating Shedding of Bacteria in the Dunes Embayment
Prepare a draft sampling plan for evaluating the extent and type of bacterial shedding
from swimmers in the Dunes Resort embayment, The sampling plan shall identify who
will collect the samples and the time and frequency of sample collection at locations
within the Dunes Resort embayment. The sampling plan shall provide for the analysis
of the samples for total and fecal coliform, enteroccocus bacteria, and a -coli bacteria,
and the genetic fingerprinting of fecal coliforms to determine their host species and
the source of the bacteria. Specifically, genetic fingerprinting of the cultures will be
performed by ribosomal RNA typing using two restriction enzymes. The genetic
fingerprints of a -coli strains isolated from water samples will then be compared to
genetic fingerprints of a -coli of known origin. The sampling plan shall include the
collection of the reference samples for the comparison. Submit the draft sampling
plan for the review and approval by the Contract Manager.
3.2 Implementation of Sampling Plan for Evaluating Shedding of Bacteria in the
Dunes Embayment
Implement the draft sampling plan described above upon approval by the Contract
Manager.
Products: A report of the analytical results from the samples collected to evaluate
shedding of bacteria from swimmers.
11
L_
0
• Page 9
Task 4 Evaluation of Vessel Waste Sources of Bacteria
4.1 Sampling Plan for Vessel Waste
Prepare a draft sampling plan for evaluating vessel waste in several marinas
throughout Newport Bay. The sampling plan shall identify who will collect the samples
and the time and frequency of sample collection, and the location of sampling. The
sampling plan shall provide for the analysis of the samples for total and fecal coliform,
enteroccocus bacteria, and a -coli bacteria, and the genetic fingerprinting of fecal
coliforms to determine their host species and the source of the bacteria. Specifically,
genetic fingerprinting of the cultures will be performed by ribosomal RNA typing using
two restriction enzymes. The genetic fingerprints of a -coli strains isolated from water
samples will then be compared to genetic fingerprints of a -coli of known origin. The
sampling plan shall include the collection of the reference samples for the
comparison. Submit the draft sampling plan for the review and approval by the
Contract Manager.
4.2 Implementation of Sampling Plan for Vessel Waste
Implement the draft sampling plan described above upon approval by the Contract
Manager.
Products: A report of the analytical results from the samples collected to evaluate vessel
waste.
Task 5 Assisting the OCHCA in the Conduct of Sanitary
Surveys
Prepare a draft sampling plan for assisting the OCHCA in the completion of sanitary
surveys when the routine monitoring conducted by the OCHCA results in beach
closures, for a period of two years. The sampling plan shall identify who will collect
the samples and the time and frequency of sample collection, and the location of
sampling. The sampling plan shall provide for the analysis of the samples for total
and fecal coliform, enteroccocus bacteria, and a -coli bacteria, and the genetic
fingerprinting of fecal coliforms to determine their host species and the source of the
bacteria. Specifically, genetic fingerprinting of the cultures will be performed by
ribosomal RNA typing using two restriction enzymes. The genetic fingerprints of a -coli
strains isolated from water samples will then be compared to genetic fingerprints of e-
coli of known origin. The sampling plan shall include the collection of the reference
samples for the comparison. Submit the draft sampling plan for the review and
approval by the Contract Manager.
Products: Sanitary surveys providing the results of the analysis for the indicators
and genetic fingerprinting specified.
3. Reports
a. Not later than October 15, 1999, and quarterly thereafter, during the life of this
contract the Project Director shall provide a written progress report to the Contract
Manager describing activities undertaken, accomplishment of milestones, and any
problems encountered in the performance of the work under this agreement, and
delivery of intermediate products, if any.
•
• Page 10
b. The Project Director shall submit to the Contract Manager for approval the reports
containing the results of the work performed in accordance with the schedule of this
exhibit.
C. Not later than August 1, 2002, the Project Director shall submit to the Contract
Manager a final report of all the monitoring data collected pursuant to this contract.
4. Schedule of Completion Dates
Task
Item
Date
1
Project Management
1.1
Project Management
Ongoing
1.2
Quarterly Progress Reports
Beginning October 15, 1999,
and quarterly thereafter
1.3
Subcontractor Selection
ongoing
2
Storm Drain and Tributary Sampling
2.1
Draft Plan
August 1, 1999
2.2
Implement Plan
August 1, 2002
3
Evaluation Of Shedding
3.1
Draft Plan
January 1, 2000
3.2
Implement Plan
August 1, 2002
4
Evaluation of Vessel Waste
4.1
Draft Plan
January 1, 2000
4.2
Im lement Plan
Au ust 1, 2002
5
Assist OCHCA Sanitary Surveys
Au ust 1, 2002
Final Report
August 1, 2002
5. Task Budget
Task
Item
Cost
1
Project Management
1.1
Project Management
$500
1.2
Quarterly Progress Reports
$500
1.3
Subcontractor Selection
$500
2
Storm Drain and Tributary Sampling
2.1
Draft Plan
$1000
2.2
Implement Plan
$75,000
3
Evaluation Of Shedding
3.1
Draft Plan
$1250
3.2
Implement Plan
$35,000
4
Evaluation of Vessel Waste
4.1
Draft Plan
$1250
4.2
Implement Plan
$35,000
5
Assist OCHCA Sanitary Surveys
$25,000
Total Cost
$175,000
0
0 Page 11
Attachment C
Pilot Program to Identify Fecal Coliform Inputs to Newport Bay
PROBLEM: Health experts do not know if specific contaminants to Newport Bay
actually carry pathogens harmful to humans -this is because most testing
practices cant determine if the contaminants are from human sources.
Identifying and stopping the contaminants from entering the Bay is easier
if we know the actual source.
PROPOSAL: Fund and conduct a state -of- the -art study of Newport Bay contaminants
using DNA testing to identify the actual source of the contaminants AND
whether or not they are human in origin. Study end product may include
design of treatment /mitigation alternative.
COST: $175,000 -one time expense.
BENEFITS: Can better target local resources towards source controls of contaminants
that are human in origin. State and county health officials will have new
scientific data applicable to any impaired water body.
STATE INTEREST: Directly responds to two state mandates, including those contained in AB
411 (Wayne, 1997) and the direction of California Regional Water Quality
Control Boards.
BACKGROUND: The federal Clean Water Act requires the State of California) through
California Regional Water Quality Control Boards) to identify impaired
water bodies and to implement corrective measures to restore the areas to
current standards for water contact sports and for shellfish harvesting.
These corrective measures include " total maximum daily loads" (TMDLs)
of sediment, nutrients, pathogens, and toxic materials.
The Santa Ana Regional Board has identified Newport Bay as its primary
impaired water body. In April 1999, the Board will adopt a TMDL for
pathogens that will require local agencies to limit inputs of fecal coliform.
Fecal Coliform is a bacteria present in human, animal, and waterfowl waste
AND in some soils. If associated with human waste, it MAY indicate the
presence of pathogens (viruses, bacteria, etc.) that cause human disease.
In addition to the TMDL requirements, when the State of California
adopted AB 411 (Wayne, 1997), it required county health officers to test
recreational waters for three indicators of possible human pathogens.
These include:
• Total Coliform
• Fecal Coliform
• Enterccoccus
The Wayne bill requires County health officials to close beaches and
waterways if testing shows the presence of these indicators above certain
0 . Page 12
BACKGROUND standards. The standards in the Wayne bill differ from the limits set forth
(cont'd): in the proposed Pathogen TMDL. Both the Wayne bill and the Pathogen
TMDL for Newport Bay rely upon limited science to support their actions.
Both address issue areas that will continue to evolve as science learns more
about pathogens.
In order to speed this evolution, the City seeks a pilot water quality testing
program using DNA testing to better identify whether fecal coliform inputs
come from human sources. If so, the City will be able to work with
residents and businesses to control the sources in a more cost - effective
manner.
PRECEDENT: In late Fall 1997, the City of Coronado attempted to determine the causes of
high fecal coliform counts at the outfall of a dewatering system associated
with their groundwater collection network. With high readings coming
from the outfall area, the San Diego Regional Board applied a "cease and
desist" order that required the City to correct the high counts or stop the
dewatering. The City contracted with Woodward Clyde to both engineer a
source identification program AND to study alternatives that would
resolve the problem. After conduction DNA testing of the inputs, the City
was able to show the proportion of fecal coliform inputs that came from
human, animal, and avian waste. Later, Woodward Clyde helped design
an ultraviolet radiation structure that treated the groundwater before
release and that brought coliform counts down to acceptable levels for
water recreation.
Newport Bay's storm drain system is more complex than the single
dewatering outfall at Coronado, but the same types of source identification
combined with better public education about human, animal, and avian
waste control AND a similar UV structure may assist Newport Beach in
meeting the standards of the Wayne bill and the Santa Ana Regional
Board's Pathogen TMDL.
CONTACT: Dave Kiff, Assistant to the City Manager
949/644 -3002
dkiff@city.Newport- beach.ca.us
RESOLUTION 99- 56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
AUTHORIZING THE MAYOR TO EXECUTE A $175,000 CONTRACT
ON BEHALF OF THE CITY
WITH THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
FOR A DNA STUDY OF WATER QUALITY CONTAMINANTS
WHEREAS, the City Council of the City of Newport Beach has long been concerned about protecting
the water quality of Newport Bay and the Orange County coastline; and
WHEREAS, the County of Orange and the Orange County Sanitation District both perform water
sampling in and around Newport Beach on a routine basis to ensure that waters are safe for swimmers and
other water contact sports; and
WHEREAS, current testing and sampling can tell policy - makers that an area is contaminated with
bacteria that may be harmful to swimmers, but it cannot typically tell whether the source of the
contamination is human, avian, canine, or of some other origin, and
WHEREAS, recent work done in San Diego County that has " genetically fingerprinted"
contaminants has enabled policy- makers there to better understand the sources of water contamination; and
WHEREAS, the State of California, with the assistance of State Assembly Member Marilyn Brewer,
Governor Gray Davis, and the California Regional Water Quality Control Board (Santa Ana Region), has
authorized the expenditure of $175,000 by the City of Newport Beach to conduct genetic fingerprinting of
contaminants to the waters around Newport Beach; and
WHEREAS, the Regional Board has developed a Scope of Work for the fingerprinting study and
wishes to enter into a contract with the City to manage the Study and its contractors and subcontractors;
now, therefore be it
RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH that the Council
supports the Regional Board and City staff in the completion of this Study and hereby authorizes the Mayor
to enter into a contract not to exceed $175,000 on behalf of the City with the Regional Board for the
performance and management of the Study.
ADOPTED this 9th day of August, 1999
MAYOR
ATTEST:
-2 �/,� fi7 AlAl�
CrrY Ci.ARK
• 9
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 99 -56, was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day
of August, 1999, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 10th day of August, 1999.
(Seal)
City Clerk of the City of
Newport Beach, California