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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 The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our website at http: //wv w.swrcb.ca.gov. 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 1, `� ►% 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below are by this reference made a part of the Agreement and incorporated herein: Standard Agreement No. 9-074- 180 -0, originally made and entered into on December 1, 1999, Amendment No. 1 dated January 14, 2001, and Amendment No. 2 dated June 28, 2001 is hereby amended on February 13, 2003 in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