HomeMy WebLinkAboutC-3485(C) - Standard Agreement Grant (01-079-550); Clean Beaches; Little Corona, Buck Gully; Restoration and Water Quality Improvements:,TATE OF CALIFORNIA
STANDARD AGREEMENT AMENL)MENT
STD. 213 A (Rev 2/05)
® CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 21 Pages AGREEMENT NUMBER AME fr
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01-079-550-0 �" "
DGS REGISTRATION
NUMBER:
1.. This Agreement is entered into between the State Agency and Contractor named below: .
STATE AGENCY'S NAME
State Water Resources Control Board
t
OFFICE AF THE Cffl-ftffth
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CONTRACTOR'S NAME CITY OF �FiV��(JRT BEACHCity of Newport Beach
2. The term of this
Agreement is July 1, 2001 through March 31, 2007
3. The maximum amount of this $500,000.00
Agreement after this amendment is: Five hundred thousand dollars and no cents
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 #01-079-550-0 originally entered into on July 1, 2001, Amendment #1 entered into on
December 17, 2002, Amendment #2 entered into on August 5, 2004, and Amendment #3 entered into on
April 29, 2005 are hereby Amended on February 1, 2006 in the following particulars and no others:
Std. 213 Item 2, 'Term of this Agreement" is amended by deleting reference to June 30, 2006 there from and
inserting March 31, 2007 in place thereof (a nine (9) month Term extension)
Exhibit A - Scope of Work (1 page), Exhibit A-1 - Work to be Performed (8 pages), Exhibit B - Budget Detail and
Payment Provisions (5 pages), Exhibit D - Special Terms and Conditions (3 pages), and Exhibit E-SWRCB CBI
Special Conditions (4 pages) are amended to read as follows: (deletions are indicated by strikethrough, revisions
are bold and underlined).
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto
CONTRACTOR California Department of Genera
_Services Use Only
CONTRACTOR'S NAME (If other than an individual, state whether a corporation, partnership, etc.)
City of Newport Beach
BY (Authorize DATE SIGNED (Do not type)
A�� QA ) ct2WIL P S o X! F�7-D
PRINTED NAM� AND TITLE OF PERSON SIGNING
Don Webb, Mayor City of Newport Beach 7 2006ADDRESS
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-49%M IY-ft*nf% Egp 2
I'lCYY lJVIL GVVIGYglu
Newport Beach, CA 92658-8915
DEP OF GENERAL SERVICES
STATE OF CALIFORNIA
AGENCY NAME
State ater Re ur s Control Board
BY (A ed na ure) DATE SIGNED (Do not type)
PRINTED NAME AND OF PERSONS ING
Esteban Almanza, Chief, Division of ministrative Services E] Exempt per:
ADDRESS
1001. I Street, 18th Floor
Sacramento, CA 95814
• ` City of Newport Beach
SWRCB No.: 01- 079 - 550-34
Page 1 of T
EXHIBIT A
SCOPE OF WORK
1. Contractor agrees to provide to the State Water Resources Control Board (SWRCB) subvention
services as described herein:
2. The Contractor shall install up to four storm drain diversions, perform water circulation studies at
Newport Dunes and Newport Island Channels, install catch basin inlet screens and filters,
implement a storm drain flow and water quality assessment program, and construct one water
quality treatment ro ect in the watersheds of Newport Bay in Newport
Beach, Orange County California.
3. The project representatives during the term of this agreement will be:
PROJECT REPRESENTATIVES
State Agency: State Water Resources Control Board
Contractor: City of Newport Beach
SWRCB Project Representative:
Laura Peters
Project Representative:
Don Webb, Mayor .
Phone: 9116113411-58U
Phone: 949 644 -3000
Fax: 916 341 -5707
Fax: 949 644 -3020
The SWRCB's Project Representative shall be Laura Peters of the Division of
Financial Assistance. The SWRCB Project Representative 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 that could be performed by the SWRCB Project
Representative under this Agreement. Except as otherwise expressly provided, all communications
relative to this Agreement shall be given to the SWRCB Project Representative.
The Project Representative shall be Steve Bremberg Don Webb, Mayor, and his successor mayors. The
Project Representative shall be the Contractor's representative for the technical conduct and
administration of the Agreement and shall have full authority to act on behalf of the Contractor. All
communications given to the Project Representative shall be binding as if given to the Contractor.
The parties may change their SWRCB Project Representative or Project Representative upon providing
written notice to the other party.
Direct all inquiries to:
State Water Resources Control Board
Contractor's Name
City of Newport Beach
Division of Financial Assistance
Section /Unit City Manager's Office
Attention: ! z, � =aa L. Peto;Q ne Kendrick
Attention: Dave Kiff
Address: 1001 1 Street, 16 Floor
Sacramento, CA 95814
Address: 3300 Newport Boulevard,
Newport Beach, CA 92658 -8915
Phone: (916)344-5854341-5832
Phone: 949 6443002
Fax: 916 341 -5707
Fax: 949 644 -3020
4. Detailed description of work to be performed and duties of all parties shall be provided in
accordance with Exhibit A -1 Work To Be Performed, which is attached hereto and made part of
this Agreement.
. . City of Newport Beach
SWRCB No.: 01- 079 - 550-34
Page 1 of 488
EXHIBIT A-1 —WORK TO BE PERFORMED
A. BACKGROUND AND GOALS
Newport Bay is a water quality limited water body that is listed on the federal Clean Water Act's
Section 303(d) List for sediment, nutrients, fecal coliform, and toxic pollutants. As a result of weekly
testing (AB 411) done by the Orange County Health Care Agency at 35 different sites in Newport Bay
and at twelve ocean sites (testing done by the Orange County Sanitation Agency), Newport Beach
and Newport Bay had 40-31 beach postings, for a total of 738 -768 days (32-.3- 31.513each Mile Days)
in 29932004. Two swimming areas in the Bay accounted for a maj ority _of the postings, meaning that
high bacteria levels in the waters impaired the public's ability to swim in and enjoy these areas.
The intent of this project is to reduce bacteria inputs from onshore sources and to increase die -off
rates of on -water sources of bacteria so as to meet RECA standards in the Bay and along the
shoreline. At the completion of this Project, the City expects a significant reduction in beach mile day
postings. It does so by:
Phase 1
Part 1. Installing up to 65 devices in catch basin inlets that combine a screen with a filter ('catch
basin combos") in the storm drain network draining into Newport Island's channels
Part 2. Plugging four remaining storm drains at Newport Dunes and diverting these flows ( "Dunes
Diversions ");
Part 3. Studying, and if appropriate, installing devices on a pilot basis to increase circulation and
aeration in Newport Dunes and Newport Island, with the potential of permanently installing
selected devices in a later phase, if shown to be effective.
Phase 2:
A. Designing and implementing a storm drain flow and water quality monitoring project
B. Designing and constructing a water quality treatment ro ect at Arches
Interchange (Old Newport Boulevard storm drain).
The Project will combine the resources of the Clean Beaches Initiative with the resources of the City
of Newport Beach (municipality with jurisdiction), the County of Orange's Health Care Agency (water
testing), and the County of Orange's Resources and Development Management Department
(RDMD).
B. WORK TO BE PERFORMED
The purpose of this Contract is to plan, design, and implement the Newport Beach CBI Bay /Beach
Improvement Project. The Project includes these major components:
Design, install and operate:
• Stormdrain Diversions. The Project will design, construct, and implement up to four storm
drain diversions in the following locations:
Newport Dunes (four small plug - and -pump diversions)
• Catch Basin Combos (combinations of a screen outside a catch basin inlet and filters behind
the screen). Includes installing at least 65 catch basin combos at catch basin inlets;
• Circulation Pilot Test. Analyze, via field- testing and modeling (using the existing RMA model
of Newport Bay), the reduction in bacteria (if any) when devices that aerate and circulate bay
• ` City of Newport Beach
SWRCB No.: 01- 079 - 550-34
Page 2 of 448
EXHIBIT A -1 — WORK TO BE PERFORMED
water are installed in Newport Dunes Swimming Lagoon and in the West Newport- Newport
Island Channel.
• Water Quality Treatment Ep ect. The Project will design and
construct a water quality treatment wetland deteRtienr pro
J ect basin in the Arches
Interchange (Old Newport Boulevard storm drain).
• Storm drain flow and water quality monitoring project. The project includes a component to
assess the effectiveness as to how a diversion will improve water quality and reduce beach
postings.
The Contractor shall be responsible for the performance of the work as set forth herein below and for
the preparation of products and a final report as specified in this Exhibit. The Project Representative
shall promptly notify the SWRCB Project Representative of events or proposed changes that could
affect the scope, budget, or schedule of work performed under this agreement.
Task 1. Project Management and Administration
1.1 Provide all technical and administrative services as needed for contract completion; monitor,
supervise and review all work performed; and coordinate budgeting and scheduling to assure that
the contract is completed within budget, on schedule, and in accordance with approved
procedures, applicable laws, and regulations.
1.2 Ensure that the contract requirements are met through completion of quarterly status reports
submitted to the Contract Manager by the 10"' of the month following the end of the calendar
quarter (March, June, September, and December) and through regular communication with the
Contract Manager. The progress reports shall describe activities undertaken and
accomplishments of each task during the quarter, milestones achieved, and any problems
encountered in the performance of the work under this contract. The description of activities and
accomplishments of each task during the quarter shall be in sufficient detail to provide a basis for
payment of invoices and shall be translated into percent of task work completed for the purpose of
calculating invoice amounts.
1.3 Disclosure Requirements - Include the following disclosure statement in any document, written
report, or brochure prepared in whole or in part pursuant to this contract:
"Funding for this project has been provided in full or in part through a contract with the
State Water Resources Control Board (SWRCB) pursuant to the Costa- Machado Water
Act of 2000 (Proposition 13) and any amendments thereto for the implementation of
California's Clean Beaches Initiative. The contents of this document do not necessarily
reflect the views and policies of the SWRCB, nor does mention of trade names or
commercial products constitute endorsement or recommendation for use."
The Contractor shall include in each of its subcontracts for work under this contract a provision.
that incorporates the requirements stated within this subtask.
1.4 The Contractor and any of its subcontractors shall notify the Contract Manager at least ten (10)
working days prior to any public or media event publicizing the accomplishments and/or results of
this contract and provide the opportunity for attendance and participation by SWRCB
representatives.
1.5 Complete a one -page contract summary form (form to be provided by the SWRCB) within three
months of the contract execution.
1.6 Award subcontract(s) to appropriate organizations) to perform tasks as outlined in this
agreement. Document steps taken in soliciting and awarding the subcontract and submit them to
the Contract Manager for review. Document all subcontractor activities in quarterly reports.
. • City of Newport Beach
SWRCB No.; 01 -079- 550-34
Page 3 of 388
EXHIBIT A -1 — WORK TO BE PERFORMED
1.7 Every six months during the life of this contract, the Contractor shall develop and submit to their
assigned SWRCB Program Analyst expenditure /invoice projections to enable funding to be
available for payment of invoices.
1.8 At the completion of this project and prior to final payment, the Project Director shall fill out and
provide a project survey form to the Contract Manager.
Task Deliverables: 1.2 Quarterly Progress Reports, 1.5 Contract Summary Form, 1.6 Subcontractor
Documentation, 1.7 Expenditure /Invoice projections, 1.8 Project Survey Form
Task 2: Preliminary Design
2.1 Preliminary Newport Dunes Diversions Design. The Project Director shall oversee the preliminary
design of the proposed diversions.
2.2 Preliminary Catch Basin Combo Designs. The Project Director shall oversee the preliminary
plans to place at least 65 catch basin combos in areas impacted by high bacteria counts, including
the West Newport storm drain network and the small watersheds that enter the Bay near Channel
Place Park.
2.3 Circulation Improvement Studies and Pilot Project Plan. The Project Director shall oversee a
consultants design of the Circulation Improvement Studies and Pilot Project Plan that would show
the types of devices proposed to be installed, the monitoring program post- installation, any water
quality modeling, and that would estimate effectiveness measures of the tested devices.
2.4 Preliminary Water Quality Treatment protect. The Project Director
shall oversee the preliminary design of the water quality treatment
basis ro gct. In an effort to streamline design for this project, preliminary and final design will be
rolled into one task and the budget for final design will include preliminary design. Also, the storm,
drain monitoring project (Task 2.5) includes some preliminary design work.for this project.
2.5 Storm Drain Monitoring — The Project Director shall oversee the selection of a consultant, to
implement a storm drain monitoring program designed to characterize candidate storm drains
within the Newport Bay watershed. Only a portion of this work applies to this contract.
Task Deliverables: 2.1 Preliminary Dunes Diversion Design; 2.2 Preliminary Catch Basin Combo
Designs; 2.3 Circulation Improvement Studies and Pilot Project Plan, 2.5 Storm Drain
Monitoring Request for Proposals
Task 3: Permits and CEQA Documents
3.1. The Project Director will prepare applicable California Environmental Quality Act (CEQA)
document associated with the Project (found to be exempt under one or more categorical
exemptions) and record with the Orange County Clerk- Recorder's office.
3.2. The Project Director will secure all required permits for project work. No work that is subject to
permitting shall proceed under this contract until documents that satisfy the permitting process(es)
are received by the Contract Manager. Permits may include (if deemed to be applicable by
permitting agencies):
a. US Army Corps of Engineers Section 404 Permit. Where any part of the Project would
require dredging and filling of wetlands/waters of the United States, the contractor will
secure a Corps Section 404 Permit.
b. US Fish and Wildlife Section 7 Permit If any part of the Project would result in an impact
to any federally listed species, the contractor will prepare a request for consultation under
Section 7 of the Endangered Species Act with the US Fish and Wildlife Service (US
F &WS).
• • City of Newport Beach
SWRCB No.: 01- 079 - 550-34
Page 4 of 488
EXHIBIT A -1 —WORK TO BE PERFORMED
c. California Regional Water Quality Control Board, Santa Ana Region, Section 401 Permit
If determined by Board staff to be applicable, the contractor will prepare and submit a
request for a waiver under Section 401 of the Clean Water Act. Also, if applicable,
prepare and submit a Notice of Construction Activity (NOCA) to conduct work under the
City's NPDES General stormwater permit Prepare and submit any applicable stormwater
pollution prevention plan associated with the latter permit.
d. California Department of Fish and Game Streambed Alteration Agreement. If found to be
applicable, prepare and submit a Streambed Alteration Agreement.
e. California Coastal Commission Coastal Development Permit. If found to be applicable,
after receiving an "approval in concept' (AIC) from the City of Newport Beach, prepare
and submit application for a Coastal Development Permit.
f. City of Newport Beach Approval in Concept (AIC) and Encroachment Permit If found to
be applicable, prepare and submit a request for an AIC (see above) and an
Encroachment Permit from the City of Newport Beach for any construction activity on
publicly-owned land orright -of -way.
t-9. Caltrans Encroachment Permit & Maintenance Agreement. Construction of the wetlands
°•°, - ''basin- auallty treatment project will likely require an Encroachment Permit
and a Maintenance Agreement from Caltrans.
3.3 The Project Director will provide liaison with the above- listed agencies to answer questions,
coordinate field visits, secure permits; and incorporate any mitigation measures as outlined in the
permit conditions.
Task Deliverables: 3.1 CEQA Documentation; 3.2 Applicable Permits.
Task 4: Final Project Engineering
Contractor will oversee Final.Project Engineering to prepare construction documents that will allow the
construction and implementation of Project components. Contractor will hire a consultant to prepare the
construction documents needed for the Project. Contractor shall cause the work to be done through
consultants on reports, drawings, and specifications necessary to prepare final construction documents
needed for the Project
4.1 Prepare final documents for Newport Dunes Diversions.
4.2 Prepare a final list of all locations to install the catch basin "combos ", and include vendor
documentation.
4.3 Implement the Circulation Improvement Study and the Pilot Project Plan.
4.4 Final Design: Contractor or consultant(s) will review the existing preliminary design work for the
Water Quality Treatment Project, and prepare construction
documents.
4.5 Implement the Storm Drain Monitoring Program in accordance with the RFP (Task 2.5), and City
of Newport Beach Project Execution Guidelines.
4.6 Preparation of Contract Documents/Authorize Contract to be Let for Bid. Prepare contract
documents (construction plans, specifications, and final cost estimate) for the Project(s)
(Circulation Improvement Study, , the Water Quality
Wetlands � Treatment Project, and the Storm Drain Monitoring Project) in
• • City of Newport Beach
SWRCB No.: 01- 079 - 550-34
Page 5 of 408
EXHIBIT A -1 —WORK TO BE PERFORMED
accordance with City of Newport Beach standards. Let the Contract for bid per the City's
standards.
4.7 Assistance with Bidding /Recommendation to City Council. Provide assistance to the City during
the bidding period to answer questions, preparing any addenda to the Contract, and preparing a
staff report with recommendation to the City Council on the award of the Project. Council reports
will be prepared for the projects identified in Task 4.6.
Task Deliverables: 4.1 Final Documents — Newport Dunes Diversions; 4.2 Final Catch Basin "Combos"
Locations & Literature; 4.4 Final Construction Documents — Water QualityA4atlandS4
DeUmben-RasinTreatment Project; 4.6 Contract Document(s); 4.7 Council Staff
Reports
Task 5: Project Construction /Project Implementation
5.1 Construct the Newport Dunes Diversion diversions in accordance with the final documents
prepared in Task 4.1. Delhrerables will Include photo documentation.
5.2 Catch Basin "Combos" Installation — City staff will install the debris screens on the front face of the
catch basin. The filter manufacturer will install the filter(s) in the catch basin. Deliverables will
include photo documentation.
5.3 Circulation Improvement Studies and Pilot Project Plan — Prepare final report based on the
approved preliminary design.
5.4 Water Quality `A ,l °H° ^a° "
' ^°'°^^n asinTreatment Protect Construction — Construct Wes/
setentlen Rasin Water Quality Treatment Project in accordance with the Final Construction
documents prepared in Task 4.4. Submit photo documentation of completed project.
5.5 Storm Drain Monitoring Program — Prepare final report based on the approved preliminary design.
Task Deliverables: 5.1 Photo Documentation - Newport Dunes Diversions; 5.2 Photo Documentation
Catch Basin project; 5.3 Final Report — Circulation Improvement Project; 5.4 As -built drawings of Water
Quality Treatment '"letlan '° ' "°'°^"^^ Qa Project and photo documentation; 5.5 Final Report — Storm
Drain Monitoring Program.
Task 6: Quality Assurance Project Plan (QAPP)
6.1 Contractor will prepare and maintain a Quality Assurance Project Plan (QAPP)_ The existing
approved QAPP will be modified to incorporate monitoring for the Water Quality Treatment `^f°�. #aAds
Detention Basin Protect Language can be substituted to reference an approved existing QAPP. The
QAPP shall be approved by the SWRCB QAPP officer prior to the implementation of any sampling or
monitoring activities.
Task Deliverable: 6.1 Approved Revised QAPP
TASK 7:.MONITORING AND REPORTING PLAN AND DRAFT AND FINAL REPORTS
7.1 Contractor will prepare (and submit to the SWRCB for the Contract Manager's approval) a revised
Monitoring and Reporting Plan (MRP) consistent with Water Code § 79148.8(d). The plan shall
address the following information:
• Describe the water quality baseline and quality of the environment to be addressed;
• • City of Newport Beach
SWRCB No.: 01- 079 -550-34
Page 6 of 4, a
EXHIBIT A -1 —WORK TO BE PERFORMED
• Identification of one or more likely sources of non -point source pollution in the Newport Bay,
with additional specificity as to sources near the Arches Interchange, and Newport Dunes
swimming lagoon;
• A summary of the expected water quality benefits and the implementation methods of the
catch basin combos, diversions, and basm water aualily treatment
prole
• Measurement of the effectiveness (pre- and post- Project) of the Projects components in
preventing or reducing water quality impairments in Newport Bay, and, wh°•° appliG °h'°
AI°.. pgFt BeaGhb ° n beach es
• Describe the manner in which the project will be effective in preventing or reducing pollution
and in demonstrating the desired environmental results.
• Describe the monitoring program, including, but not limited to, the methodology, and the
frequency and duration of monitoring.
7.2 Prepare a draft final project report that summarizes project accomplishments and submit to
SWRCB Project Representative for review and comment. The report shall provide the following
requirements:
1. A brief introduction section including a statement of purpose, the scope of the project, and a
brief description of the approach and techniques used during the project.
2. A list of task products previously submitted as outlined in the Schedule of Completion.
3. Any additional information that is deemed appropriate by the Project Representative.
4. Indicate whether the purposes of the project have been met. Include information collected in
accordance with the project monitoring and reporting plan, including a determination of the
effectiveness of the best management practices or management measures implemented as
part of the project in preventing or reducing non -point source pollution.
7.3 Prepare a final report that addresses comments from the SWRCB Project Representative.
Task Deliverable: 7.1 Approved Revised Monitoring and Reporting Plan; 7.2 Draft Final Report, 7.3 Final
Report
City of Newport Beach
• SWRCB No.: 01- 079 - 550-34
Page 7 of 498
EXHIBIT A -1 —WORK TO BE PERFORMED
C. SCHEDULE OF COMPLETION DATES
ask
ISubftask
I Deliverable I Com letion Date
1 Pro ect Mana ement and Administration
1.2
lQuarterly Progress Reports
March 2002/guarterly
1.5
Contract Summary Form
March, 2002
1.6
Subcontractor Documentation
June 2005
1.7
Expenditure/ Invoice Projections
July 2002/semi-
annualiv thereafter
1.8
Project Survey Form
March 29862007
2 Preliminary Design
2.1
Preliminary Dunes Diversion Design
Feb 2002
2.2
Preliminary Catch Basin Combo Designs
May, 2002
2.3
lCirculation Improvement Studies and Pilot Project Plan
March 2003
2.5
IStorm Drain Monitoring RFP
Apr 2004
3 Permits and CEQA Documents
3.1
CEQA Documentation
I March 20042006
3.2
JApplicable Permits
Mar 20052006
4 Final Project En ineerin
4.1
Final Documents — Newport Dunes Diversions
May 2002
4.2
Final Catch Basin "Combos" Locations & Literature
Dec 2003
4.4
Final Construction Documents — Water Quality Wetlands F
9etentie�Treatment Pro ect
x&.2005
4.6
Contract Documents
Mar-Aun 2005
4.7
Council Staff Reports
Mar-Aua 2005
5 Project Construction /Project Implementation
5.1
Photo Documentation — Newport Dunes Diversions
Aug 2002
5.2
Photo Documentation — Catch Basin Project
Dec 2003
5.3
Final Re ort— Circulation Improvement Project
Aug 2003
5.4
As -built drawings of Water Quality Treatment Wetlands
Petenfaea-@asin -P ect and photo documentation
Se t 20052006
5.5
Final Report — Storm Drain Monitoring Program
Oct2004
6 Quali Assurance Project Plan PP
6.1 Approved Revised QAPP Mar 20052006
7 Monitoring and Reporting Plan and Draft and Final Reports
7.1
JApproved Revised Monitoring and Reporting Plan
Mar 29052006
7.2
IDraft Final Report
Feb 20062007
7.3
Final Report
Mar 20862007
• • City of Newport Beach
SWRCB No.: 01 -079- 550-34
Page 8 of 488
EXHIBIT A-1 — WORK TO BE PERFORMED
D. REPORTS
1. The Project Representative shall submit a quarterly progress report to the SWRCB Project
Representative 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. The description of activities and accomplishments of each task during the quarter
shall contain sufficient detail to provide a basis for payment of invoices and shall be translated into
percent of task work completed for the purpose of calculating invoice amounts.
2. The invoice shall include a copy of the progress report If the progress report does not accompany
the invoice, the invoice shall not be deemed complete until a copy of the progress report is received.
3. The Project Representative shall submit to the SWRCB Project Representative one reproducible
master and two (2) copies of a draft report describing the work performed pursuant to Section B of this
Exhibit for review and comment.
4. The SWRCB Project Representative shall submit final comments on the draft report to the Project
Representative.
5. The Project Representative shall submit to the SWRCB Project Representative for approval one
reproducible master and two (2) copies of the final report containing the results of the work performed
and addressing the comments submitted to the Project Representative by the SWRCB Project
Representative. The report shall not be considered final until accepted and approved by the SWRCB
Project Representative.
E. SPECIAL MITIGATION MEASURES
[X] No special mitigation measures are attached to this grant or
[ ] Special mitigation measures that must be complied with are as follows:.
• • City of Newport Beach
SWRCB No.: 01- 079 - 550-64
Page 1 of 5
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
INVOICING AND PAYMENT
For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees
to compensate the Contractor for actual expenditures incurred in accordance with the rates
specified herein, which is attached hereto and made a part of this Agreement.
A. Invoices shall include the Agreement Number and shall be submitted in triplicate not more
frequently than" quarterly in arrears to:
' °.'r ' . ° °• °� °Devoe Kendrick
State Water Resources Control Board
Division of Financial Assistance
10011 Street, 16"' Floor
Sacramento, CA 95814
B. Payments will be on a cost incurred basis, upon receipt of an undisputed invoice and
completed "Request for Disbursement", SWRCB Form 262 submitted in accordance with
the instructions contained herein. Invoices received by the SWRCB Project
Representative that are not consistent with this format will be cause for an invoice to be
disputed. In the event of an invoice dispute the SWRCB Project Representative shall
notify Contractor by Initiating a Standard Form 209 INVOICE DISPUTE NOTIFICATION.
Payment will not be made until the dispute has been resolved and a corrected invoice
submitted. The SWRCB Project Representative is required to approve all invoices for
reimbursement. Only invoices for costs incurred after July 1, 2001, with all appropriate
backup documents (supporting itemized invoice) attached will be approved.
The invoices shall include the following information:
a. The word "Invoice" should appear in a prominent location at the top of the
page(s) and include a sequential number.
b. Printed name of the Contractor.
c. Business address of the Contractor, including P.O. Box, City, State, and Zip
Code;
d. 'Bill To" is SWRCB;
e. The date of the invoice;
f. The contract number upon which the claim is based;
g. An itemized account of the services by task for which the SWRCB is being billed;
h. Include an itemized account of "in- kind" grant match or "dollar" grant match
including what percent the match represents of the total grant match obligation;
and
Printed on Original Contractor Letterhead or original signature by the Contractor's
Administrative Officer or designee.
The invoice must show the time period actually being billed. Quarterly invoices
must be based on the calendar quarter (ending in March, June, September, and
December).
• • City of Newport Beach
SWRCB No.: 01- 079-550-34
Page 2 of 5
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
C. Computing the Amount Due
Payment will be made upon submittal of an invoice which details the percentage of each
task completed based on work not dollars spent. Notwithstanding any other provision of
this contract, the Contractor agrees that the SWRCB may retain an amount equal to ten
percent of the grant amount specified in this contract until completion of the Project to the
satisfaction of the Division. Any retained amounts due to the Contractor will be promptly
disbursed to the Contractor, without interest, upon completion of the Project
D. Matching Funds
If projects include capital costs, the project applicant shall identify those costs. The local
matching contribution required by subdivision (f) of Section 79148.8 of the Water Code
may be satisfied by in -kind match that meets all or a portion of local cost share required
by subdivision (f) of Section 79148.8 of the Water Code. For the purposes of determining
the capital cost of the Project, the in -kind match shall be included in the total project cost.
The "Contractor' shall provide a matching contribution for the portion of the project
consisting of capital expenditures for construction, according to the following formula:
Project Capital Cost = Capital Cost Match by Recipient
$1,000,000 to $5,000,000, inclusive = 20%
$125,000 to $999,999, inclusive = 15%
$1 to $124,999, inclusive= 10%
E. Final Invoice
The final invoice should include the amount of the remainder of the contract work. The
invoice must be clearly marked FINAL INVOICE.
F. Backup Documents
It is necessary to provide monthly /quarterly reports, task products due, and vendor
invoices for the purchase of equipment (items over $5000) as attachments to the
invoices. You must, however, keep copies of all vendor invoices, timesheets, and any
other documents related to the project for future audit purposes.
G. Payment of Project Costs
Contractor agrees that it shall provide for payment of its full share of the Project costs. All
costs and payments for the Project shall be paid by the Contractor promptly and in
compliance with all applicable laws.
H. Withholding of Grant Disbursements
The SWRCB may withhold all or any portion of the grant funds provided for by this
contract in the event that:
(1) The Contractor has materially violated, or threatens to materially violate, any
term, provision, condition, or commitment of this contract;
(2) The Contractor fails to maintain reasonable progress toward completion of the
Project.
• • City of Newport Beach
SWRCB No.: 01- 079 - 550-34
Page 3 of 5
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
Fiscal Management Systems and Accounting Standards
The Contractor shall comply with state standards for financial management systems. At a
minimum, the Contractor's fiscal control and accounting procedures shall permit
preparation of reports required by the state and tracking of grant funds to a level of
expenditure adequate to establish that such funds have not been used in violation of state
law or the terms of this. contract. The Contractor shall maintain separate Project accounts
in accordance with generally accepted government accounting standards.
J. Audit Disallowances
The Contractor agrees it shall return any audit disallowances to the SWRCB.
2. LIMITATION OF FUNDING:
The maximum amount to be encumbered under this Agreement for the 2001 fiscal year ending
June 30, 2002 shall not exceed $500,000.
3. BUDGET CONTINGENCY CLAUSE
A. It is mutually agreed that if the Budget Act of 2001/02 and/or any subsequent years
covered under this Agreement does not appropriate sufficient funds for the program, this
Agreement shall be of no further force and effect. In this event, the State shall have no
liability to pay any funds whatsoever to Contractor or to furnish any other considerations
under this Agreement and the Contractor shall not be obligated to perform any provisions
of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act 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 agreement amendment to Contractor to reflect the
reduced amount
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City of Newport Beach
• SWRCB No.: 01- 079 -550-34
Page 4 of 5
EXHIBIT B - BUDGET DETAIL AND PAYMENT PROVISIONS
4. BUDGET
A Task Budget
Task
Description
CBI
Phase 1
CBI
Phase 2
City
Match
Project
Total
1
Project Management & Administration
$0
$2,008
$6,260
$33,000
$35,000
$38,260
2
Preliminary Design
$44,900
900
$0
$0
$44;800
900
3
Permits and CEQA Documents
$2,000
$2,000
$0
$4,000
4
Final Project Engineering
- .Circulation Study
$20,000
$0
$0
$20,000
- Catch Basin Combos
$0
$1,000
$0
$1,000
- Arches WQ
Treatment Protect
$0
75;000
$73.00 0
$0
$75;080
73 000
Subtotal Task 4
$20,000
$76;000
$74.00
$0
$86;008
$94.00
5
Project Construction /Project
Implementation RRDs & Diversions
- Catch Basin Combos
$430 888
128100
$e
$14.00 0
$28,988
$26,000
$450,000
$168,100
- Dunes Diversions
$3,000
$0
$0
$3000
SD Monitoring Program
$0
$40,000 .
$12,000
$33000
$12,000
$73;080
$24.000
Arches WQ
Treatment Proje
$0
$475;000
$189,750
$0
$13,000
$45;080
$202,750
Subtotal Task 5
$133,888
$131,100
$2x5;889
$216,760
$53;888
$51,000
$401;880
$397,950
6
Quality Assurance Prolact Plan
$1,000
$1,000
$0
$2,000
QAPP
7
Monitoring and Reporting Plan
$0
$0
$1,000
$1,000
Draft and Final Reports
$0
$4;080
2000
$1,086
$3,000
$5,000
TOTALS
$200,000
$300,000
$88,000
$588,000
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• • City of Newport Beach
SWRCB No.: 01- 079 - 550-34
Page 5 of 5
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
B. Line Item Budget
Task
Description
CBI
Phase 1
CBI
Phase 2
City
Match
Project
Total
1
City Personnel Services (x1.3
benefits)
$2;009
$33,000
$35;800
5
$38,250
— Hours ACM /Project Director (127
hours at $551hr
449
458
$87M
— Hours WQ Specialist (200 hours
at $35 /hr )
4"
330
$1?200
— Hours Pr. Civil Engineer (485
hours at $50 /hr )
465
264
$44,800
2
Operating Expenses
$2,000
$2,000
$0
$4,000
-- Includes Permit Fees, Runoff Plan
Printin
3
Construction /Implementation
$433,000
$246,080
$215,750
$20,000
$61,000
$368,008
$397.8 50
131 100
— Includes construction
management, contingency, and
installation
4
Consultant Services
$64 009
35;888
8
— For prelim and final engineering
$65,000
$77,000
$4.000
$147,900
and studies
$66,900
TOTALS
$200,000
$300,000
$88,000
$588,000
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• • City of Newport Beach
SWRCB No.: 01- 079 - 550-34
Page 1 of 3'
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. 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 SWRCB
Project Representative, who shall reduce such decision to writing and mail or otherwise furnish a
copy thereof to the Contractor. The decision of the SWRCB Project Representative shall be final and
conclusive unless, within 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 Project 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 SWRCB Project Representative unless the
Contractor has received notice of termination. Decisions on any disputes hereunder may include
decisions of both fact and law; provided, 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. 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 SWRCB Project Representative 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 SWRCB Project Representative.
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.
• • City of Newport Beach
SWRCB No.: 01- 079 - 550-34
Page 2 of 3
EXHIBIT D— SPECIAL TERMS AND CONDITIONS
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)
5. 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.
6. Priority Hiring Considerations: Contractor shall give priority consideration in filling vacancies in
positions funded by this Agreement to qualified recipients of aid under Chapter 2 (commencing with
Section 11200) of Part 3 of Division 9 of the California Welfare and Institutions Code in accordance .
with Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare
and Institution Code. (PCC 10353 W &I 1.1200, 11349, 2CCR, 1896.30 SCM 5.3)
7. 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 days after receipt of a written "contract modification ", submit to the
SWRCB a written, statement setting forth the disagreement with the change.
8. Termination: Notwithstanding the provisions of the Department of General Services General Terms
and Conditions (GTC). This contract may be terminated by written notice at any time prior to
completion of the Project, at the option of the SWRCB, upon violation by the Grantee of any material
provision of this contract after such violation has been called to the attention of the Grantee and after
failure of the Grantee to bring itself into compliance with the provisions of this contract within a
reasonable time as established by the Division. In the event of such termination, the Grantee
agrees, upon demand, to immediately repay to the SWRCB an amount equal to the amount of grant
funds disbursed to the Grantee prior to such termination. In the event of termination, interest shall
accrue on all amounts due at the highest legal rate of interest from the date that notice of termination
is mailed to the Grantee to the date of full repayment by the Grantee.
9., Budget Flexibility: Subject to the prior review and approval of the SWRCB Project Representative,
line item shifts of up to $25,000 or ten percent of the annual contract total, whichever is less, may be
made up to a cumulative maximum of $50,000 per fiscal year. Line item shifts may be
proposed /requested by either the State Water Board or the Contractor in writing and must not
increase or decrease the total contract amount allocated per fiscal year.
10.. Computer Software: Contractor certifies that it has appropriate systems and controls in place to
ensure that State funds will not be used in performance of this contract for the acquisition, operation
or maintenance of computer software in violation of copyright laws.
11. Union Organizing: Contractor, by signing this Agreement, hereby acknowledges the applicability of
Government Code 16645 through 16649 to this Agreement. Furthermore, Contractor, by signing this
Agreement, here by certifies that:
1) No state funds disbursed by this grant will be used to, assist, promote or deter union organizing.
2) Contractor shall account for state funds disbursed for a speck expenditure by this grant, to show
those funds were allocated to that expenditure.
• ! City of Newport Beach
SWRCB No.: 01- 079 - 550-34
Page 3 of 3
EXHIBIT D— SPECIAL TERMS AND CONDITIONS
3) Contractor shall, where state funds are not designated as described in Department of General
Services "General Terms and Conditions" (GTC) Item 18, (b), allocate, on a pro -rata basis, all
disbursements that support the grant program.
4) If Contractor makes expenditures to assist, promote or deter union organizing, Contractor will
maintain records sufficient to show that no state funds were used for those expenditures, and that
Contractor shall provide those records to the Attorney General upon request.
• City of Newport Beach
SWRCB No.: 01- 079 - 550-34
Page 1 of 4
. EXHIBIT E
SWRCB CBI SPECIAL CONDITIONS
1. BOND TERMS
(A) Work performed under this contract shall protect the beneficial uses of the coastal waters,
throughout the State.
(B) The Project has been the subject of consultation between the SWRCB, the California Coastal
Commission, and the Beach Water Quality Task Force.
(C) The Project demonstrates the ability to produce sustained benefits for 20 years.
(D) The Project addresses the causes for the pollution, rather than the symptoms.
(E) The Project shall be consistent with existing water quality and resources protection plans.
(F) The Contractor has submitted a Monitoring and Reporting Plan.
(G) The Contractor has included a matching contribution for the capital expenditures for construction.
(H) The Contractor has informed the SWRCB of the permits necessary to complete the Project
(1) The Project is consistent with recovery plans for coho salmon, steelhead, or trout.
(J) The Project has.been the subject of public review.
2. DEFINITIONS
(A) "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to
help defray the planning, design, construction, engineering, and administration costs of the
Project.
(B) "Project Representative" means the Mayor of a City, the Chairperson of the County Board of
Supervisors, the Chairperson of the Board of Directors of the Contractor, or another duly
appointed representative. For all Project Representatives, a certified original copy of the
authorizing resolution that designates the Project Representative by title, shall accompany any
contract, the first payment request, and any other documents or requests required or allowed
under this contract.
(C) "Change in the scope of the Project" means any change from the Project description in the Project
Authorization Package.
(D) "Completion of construction " means the date, as determined by the Division after consultation
with the Contractor, that the work of building and erection of the Project is substantially complete.
(E) "Contractor« means the City of Newport Beach.
(F) "Force account " means the Contractor's own employees or equipment used for Project
construction.
(G) "Initiation of construction " means the date that notice to proceed with work is issued for the
Project or, if notice to proceed is not required, the date of commencement of building and erection
of the Project.
(H) "Project completion " means the date, as determined by the Division after consultation with the
Contractor, that operation of the Project is or is capable of being initiated, whichever comes first
(1) "SWRCB" means the State Water Resources Control Board.
(J) "Useful life of project" means twenty (20) years from and after Project completion.
3. GENERAL COMMITMENTS
The Contractor accepts and agrees to comply with all terms, provisions, conditions, and commitments of
this contract, including all incorporated documents, and to fulfill all assurances, declarations,
representations, and commitments made by the Contractor in its application, accompanying documents,
and communications filed in support of its request for this Grant.
• • City of Newport Beach
SWRCB No.: 01- 079 - 550-34
Page 2 of 4
EXHIBIT E — SWRCB CLEAN BEACHES SPECIAL CONDITIONS
4. COMPLETION OF PROJECT
The Contractor agrees to expeditiously proceed with and complete the Project in substantial accordance
with the application as submitted.
5.. CONTINUING OBLIGATIONS
The obligations of Sections 6, 7 and 8 below shall survive the Term of this Contract.
6. OPERATION AND MAINTENANCE
The Contractor covenants and agrees to properly staff, operate, and maintain all portions of the Project
during the Project's useful life and in accordance with all applicable state and federal laws, rules and
regulations. In the event that the Contractor assigns or transfers any or all portions of the Project to another
entity, the Contractor shall be responsible to ensure that the assignee or transferee of any or all portions of
the Project shall property staff, operate and maintain all portions of the Project during its useful life and in
compliance with all applicable state and federal laws, rules and regulations. The Parties to this Agreement
understand and agree that this covenant shall survive the expiration or termination of this Agreement The
Parties further understand and agree that this covenant is for the benefit of the SWRCB and shall be
enforceable during the useful life of the Project facilities.
Failure at any time to comply with this Section shall be considered a material breach and violation of this
Agreement, and a nonexclusive remedy shall include reimbursement by the Contractor of all grant funds
disbursed under this Agreement, plus accrued prejudgment interest thereon from the date of disbursement of
such funds.
PROJECT ACCESS
The Contractor shall insure that the SWRCB, or any Project Representative thereof, has suitable and
reasonable access to the Project site at all reasonable times for the useful life of the Project.
8. REPORTS
The Contractor shall expeditiously provide, during construction or upon completion of the Project and
thereafter during the useful life of the Project, such reports, data, and information as may be reasonably
required by the Division, including but not limited to material necessary or appropriate for evaluation of the
SWRCB program or to fulfill any reporting requirements of the state government.
9. FINAL PROJECT REPORTS; AUDIT
(A) Within 120.days after Project completion, the Contractor shall provide to the Division a final cost
summary report on the Project. The summary shall include, at.a minimum, a statement of:
(1) Total Project costs;
(2) Total Project costs eligible for contract funding under the SWRCB's contract program and
this contract;
(3) The total amount of contract funds received;
(4) The amount of interest earned, if any, on contract funds before disbursement on account
of incurred Project costs. If no interest has been earned, this fact shall be expressly
stated; and
(B) The Division may call for an audit of financial information relative to the Project, where the Division
determines that an audit is desirable to assure program integrity or where necessary because of
federal requirements. Such an audit shall be performed by a Certified Public Accountant
. City of Newport Beach
SWRCB No.: 01- 079 - 550 -34
Page 3 of 4
EXHIBIT E — SWRCB CLEAN BEACHES SPECIAL CONDITIONS
independent of the Contractor and at the cost of the Contractor. The audit shall be in the form
required by the Division.
10. RECORDS
(A) Without limitation of the requirement to maintain Project accounts in accordance with generally
accepted government accounting standards, the Contractor agrees to:
(1) Establish an official Project file that documents all significant actions relative to the
Project;
(2) Establish separate accounts that adequately and accurately depict all amounts received
and expended on the Project, including all contract funds received under this contract;
(3) Establish separate accounts that depict all income received which is attributable to the
Project, specifically including any income attributable to contract funds disbursed under
this contract;
(4) Establish an accounting system that accurately depicts final total costs of the Project,
including both direct and indirect costs;
(5) Establish such accounts and maintain such records as necessary for the State to fulfill
reporting requirements, including any and all reporting requirements under federal tax
statutes or regulations; and
(6) If the Contractor uses its force account for any phase of the Project, other than for
planning, design and construction engineering, and administration provided for by
allowance, the Contractor shall establish accounts which reasonably document all
employee hours charged to the Project and the associated tasks performed by each
employee. Indirect force account costs maybe paid with the SWRCB's prior written
approval.
(B) The Contractor shall be required to maintain books, records, and other material relative to the
Project in accordance with generally accepted accounting standards. The Contractor shall also
be required to retain such books, records, and other material for each subcontractor who
performed work on the project for a minimum of twenty-three (23) years after the last
disbursement. The Contractor shall require that such books, records, and other material shall be
subject at all reasonable times to inspection, copying, and audit by the SWRCB and by state
auditors, or any Project Representatives thereof.
(C) The Contractor shall retain its Project records for a minimum of twenty-three (23) years after the
last disbursement, and for such longer period as may be required for the State to full federal
reporting requirements under federal tax statutes and regulations. All Contractor records relative
to the Project shall be subject at all reasonable times to inspection, copying and audit by the
SWRCB and state auditors, or any Project Representatives thereof.
(D) All documents required or requested shall be in electronic format.
(E) The Contractor agrees to expeditiously provide, during work on the project and for twenty-three (23)
years after the last disbursement, such reports, data, information and certifications as may be
reasonably required. Such documents and information shall be provided in electronic format
11. STATE REVIEWS AND INDEMNIFICATION
The parties agree that review or approval of Project plans and specifications by the SWRCB is for
administrative purposes only and does not relieve the Contractor of its responsibility to properly plan,
design, construct, operate, and maintain the Project. As between the SWRCB and the Contractor, the
Contractor agrees that it has sole responsibility for proper planning, design, construction, operation, and
maintenance of the Project, and the Contractor agrees to indemnify the SWRCB, the State of California
and their officers, agents, and employees against and to hold the same free and harmless from any and
• . City of Newport Beach
SWRCB No.: 01- 079 - 550,34
Page 4 of 4
EXHIBIT E — SWRCB CLEAN BEACHES SPECIAL CONDITIONS
all claims, demands, damages, losses, costs, expenses, or liability due or incident to planning, design,
construction, operation, or maintenance of the Project
12. SWRCB ACTION: COSTS AND ATTORNEY FEES
Any remedy provided in this contract is in addition to and not in derogation of any other legal or equitable
remedy available to the SWRCB as a result of breach of this contract by the Contractor, whether such
breach occurs before or after completion of the Project. The SWRCB's exercise of any remedy provided
by this contract shall not preclude the SWRCB from pursuing any legal remedy or right otherwise
available. In the event of litigation between the parties hereto arising from this contract, the prevailing
party shall be entitled to such reasonable costs and /or attorney fees as may be ordered by the court
entertaining such litigation.
13. COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor agrees that it shall, at all times, comply with and require its contractors and subcontractors
to comply with all applicable federal and state laws, rules, regulations and guidelines. The Contractor
shall comply with, implement, and fulfill all environmental mitigation measures applicable to the Project,
and which may otherwise be required by this Contract, "CEQA ", and the State CEQA Guidelines.
14. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS
If any breach of any of the provisions of this contract by the Contractor will result in the loss of tax exempt
status for any State bonds, or if such breach will result in an obligation on the part of the State to
reimburse the federal government for any arbitrage profits, the Contractor shall immediately reimburse the
State in an amount equal to any damages paid by or loss incurred by the State due to such breach.
15. CONSTRUCTION ACTIVITIES and NOTIFICATIONS
For construction projects, the Contractor shall promptly notify the SWRCB in writing of:
(1) Any substantial change in scope of the Project. No substantial' change in Project scope
may be undertaken until the Contractor provides written notice of the proposed change to
the SWRCB and the SWRCB gives written approval for such change;
(2) Unscheduled cessation of all major construction work on the Project where such
cessation of work is expected to or does extend for a period of 30 days or more;
(3) Any circumstance, combination of circumstances, or condition, which is expected to or
does delay completion of construction for a period of 90 days or more beyond the
estimated date of completion of construction previously provided to the SWRCB;
(4) Completion of construction of the Project
16. PREVAILING WAGES AND LABOR COMPLIANCE
If applicable, the Contractor agrees to be bound by all the provisions of State Labor Code
Section 1771 regarding prevailing wages. If applicable, the Contractor shall monitor all
agreements subject to reimbursement from this Agreement to assure that the prevailing
wage provisions of State Labor Code Section 1771 are being met. The Contractor agrees
to fulfill its responsibilities under Section 1771.8 of the Labor Code, where applicable.
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 2105)
® CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 21 Pages
AGREEMENT NUMBER
01-079-550-0
DGS REGISTRATION
NUMBER:
This Agreement is entered into between the State Agency and Contractor named below:
STATE AGENCY'S NAME
State Water Resources Control Board
CONTRACTOR'S NAME
City of Newport Beach
AMENDMENT NUMBER
3
2. The term of this
Agreement is July 1, 2001 through June 30, 2006
3. The maximum amount of this $500,000.00
Agreement after this amendment is: Five hundred thousand dollars and no cents
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 #01-079-550-0 originally entered into on July 1, 2001, Amendment #1 entered into on
December 17, 2002, and Amendment #2 entered into on August 5, 2004, is hereby Amended on April 29, 2005
in the following particulars and no others:
Std. 213 Item 2, "Term of this Agreement" is amended by deleting reference to March 31, 2006 there from and
inserting June 30, 2006 in place thereof (a 3 month Term extension)
Exhibit A - Scope of Work (1 page), Exhibit A-1 - Work to be Performed (8 pages), Exhibit B - Budget Detail and
Payment Provisions (5 pages), Exhibit D - Special Terms and Conditions (3 pages), and Exhibit E-SWRCB CBI
Special Conditions (4 pages) are amended to read as follows: (deletions are indicated by strikethrough, revisions
are bold and underlined).
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (If other than ndividual, state whether a corporation, partnership, etc.)
City of Newpo Beac
BY (Authorized DATE7SIGED o no pe)
�
PRINT D NAME AND TIT��ay
ERSON SIGNING
Steve Bromberg,r City of Newport Beach
ADDRESS
3300 Newport Boulevard
Newport Beach, CA 92658-8915
STATE OF CALIFORNIA
AGENCY NAME
State Water Resources Control Board
BY (Ruth r'z d igna ire) 1 DATE SIGNED (Do not type)
S
PRINTED NAME AND TITLE OF PERSON SIGNIN
Esteban Almanza, Chief, Division o Administrative Services
ADDRESS
1001 1 Street, 18th Floor
Sacramento, CA 95814
California Department of General
Services Use Only
Kq 2 3 4Af7
DEPT OF GENERAL SERVICES
Exempt per:
City of Newport Beach
• ORCB No.: 01 -079 -550 -23
Page 1 of 1
EXHIBIT A
SCOPE OF WORK
1. Contractor agrees to provide to the State Water Resources Control Board (SWRCB) subvention
services as described herein:
2. The Contractor shall install up to five- four storm drain diversions, perform water circulation
studies at Newport Dunes and Newport Island Channels, shall install catch basin inlet screens
and filters, implement a storm drain flow and water quality assessment program, and
construct one water quality treatment wetland / detention basin, in the watersheds of Newport Bay
in Newport Beach, Orange County California.
3. The project representatives during the term of this agreement will be:
PROJECT REPRESENTATIVES
State Agency: State Water Resources Control Board
Contractor: City of Newport Beach
SWRCB Project Representative:
Christopher Stevens
Project Representative:
Steve Bromberg, Mayor
Phone: 916 341 -5698
Phone: 949 644 -3000
Fax: 916 341 -5707
Fax: (949) 644 -3020
The SWRCB's Project Representative shall be Christopher Stevens of the Division of Financial
Assistance. The SWRCB Project Representative shall be the day - today representative for administration
of this agreement Agreement, and, except as otherwise specifically provided, shall have full authority to
act on behalf of the SWRCB with respect to this agreement- Agreement. The SWRCB's Executive
Director, or designee, may also perform any and all acts that could be performed by the SWRCB Project
Representative under this agreement- Agreement. Except as otherwise expressly provided, all
communications relative to this agreeaaeat Agreement shall be given to the SWRCB Project
Representative.
The Project Representative shall be Ted W. Ridgeway Steve Bromberg, Mayor, and his successor
mayors. The Project Representative shall be the Contractor's representative for the technical conduct and
administration of the agfeeFsent Agreement and shall have full authority to act on behalf of the
Contractor. All communications given to the Project Representative shall be binding as if given to the
Contractor.
The parties may change their SWRCB Project Representative or Project Representative upon providing
written notice to the other party.
Direct all inquiries to:
State Water Resources Control Board
Contractor's Name
City of Newport Beach
Division of Financial Assistance
Section /Unit City Managers Office
Attention: Laura L. Peters
Attention: Dave Kiff
Address: 1001 1 Street, 16 Floor
Sacramento, CA 95814
Address: 3300 Newport Boulevard,
Newport Beach CA 92658 -8915
Phone: 916 341 -5854
Phone: 949 644 -3002
Fax: 916 341 -5707
Fax: 949 644 -3020
4. Detailed description of work to be performed and duties of all parties shall be provided in
accordance to- with Exhibit A -1 Work To Be Performed which is attached hereto and made part
of this agree: i; ,' Agreement.
• City of Newport Beach
SW RCB No.: 01- 079 - 550-5_2
Page 1 of 8
EXHIBIT A -1 —WORK TO BE PERFORMED
A. BACKGROUND AND GOALS
Newport Bay is a water quality limited water body that is listed on the federal Clean Water Act's
Section 303(d) List for sediment, nutrients, fecal coliform, and toxic pollutants. As a result of weekly
testing (AB 411) done by the Orange County Health Care Agency at 35 different sites in Newport Bay
and at twelve ocean sites (testing done by the Orange County Sanitation Agency), Newport Beach
and Newport Bay had 40 beach postings, for a total of 730 days (32.3 Beach Mile Days) in 2003.
Two swimming areas in the Bay accounted for a majority_of the postings, meaning that high bacteria
levels in the waters impaired the public's ability to swim in and enjoy these areas.
The intent of this project is to reduce bacteria inputs from onshore sources and to increase die -off
rates of on -water sources of bacteria so as to meet REC -1 standards in the Bay and along the
shoreline. At the completion of this Project, the City expects a significant reduction in beach mile day
postings. It does so by:
Phase 1
Part 1. Installing up to 65 devices in catch basin inlets that combine a screen with a filter ("catch
basin combos") in the storm drain network draining into Newport Island's channels
Part 2. Plugging four remaining storm drains at Newport Dunes and diverting these flows ( "Dunes
Diversions");
Part 3. Studying, and if appropriate, installing devices on a pilot basis to increase circulation and
aeration in Newport Dunes and Newport Island, with the potential of permanently installing
selected devices in a later phase, if shown to be effective.
PHASE 2:
following lesaVoA;
A. Designing and implementing a storm drain flow and water quality monitoring protect.
B. Designing and constructing a water quality treatment wetland / detention facility at Arches
Interchange (Old Newport Boulevard storm drain).
The Project will combine the resdurces of the Clean Beaches Initiative with the resources of the City
of Newport Beach (municipality with jurisdiction), the County of Orange's Health Care Agency (water
testing), and the County of Orange's Resources and Development Management Department
(RDMD).
B. WORK TO BE PERFORMED
The purpose of this Contract is to plan, design, and implement the Newport Beach CBI Bay/Beach
Improvement Project. The Project includes these major components:
Design, install and operate:
• Stormdrain to Sanitary Sewer Diversions. The Project will design, construct, and implement
up to 4w four storm drain diversions in the following locations:
• Newport Dunes (four small plug- and -pump diversions)
• Catch Basin Combos (combinations of a screen outside a catch basin inlet and filters behind
the screen). Includes installing at least 65 catch basin combos at catch basin inlets;
• • City of Newport Beach
SW RCB No.: 01- 079 - 550,23
Page 2 of 8
EXHIBIT A -1 — WORK TO BE PERFORMED
• Circulation Pilot Test. Analyze, via field testing and modeling (using the existing RMA model
of Newport Bay), the reduction in bacteria (if any) when devices that aerate and circulate bay
water are installed in Newport Dunes Swimming Lagoon and in the West Newport Channel.
• Water Quality Treatment Wetland /Detention Basin. The Project will design and construct a
water quality treatment wetland / detention basin in the Arches - Interchange (Old Newport
Boulevard storm drain).
The Contractor shall be responsible for the performance of the work as set forth herein below and for
the preparation of products and a final report as specified in this Exhibit. The Project Representative
shall promptly notify the SW RCB Project Representative of events or proposed changes that could
affect the scope, budget, or schedule of work performed under this agreement.
Task 1. Project Management and Administration
1.1 Provide all technical and administrative services as needed for contract completion; monitor,
supervise and review all work performed; and coordinate budgeting and scheduling to assure that
the contract is completed within budget, on schedule, and in accordance with approved
procedures, applicable laws, and regulations.
1.2 Ensure that the contract requirements are met through completion of quarterly status reports
submitted to the Contract Manager by the 10"' of the month following the end of the calendar
quarter (March, June, September, and December) and through regular communication with the
Contract Manager. The progress reports shall describe activities undertaken and
accomplishments of each task during the quarter, milestones achieved, and any problems
encountered in the performance of the work under this contract. The description of activities and
accomplishments of each task during the quarter shall be in sufficient detail to provide a basis for
payment of invoices and shall be translated into percent of task work completed for the purpose of
calculating invoice amounts.
1.3 Disclosure Requirements - Include the following disclosure statement in any document, written
report, or brochure prepared in whole or in part pursuant to this contract:
"Funding for this project has been provided in full or in part through a contract with the
State Water Resources Control Board (SWRCB) pursuant to the Costa - Machado Water
Act of 2000 (Proposition 13) and any amendments thereto for the implementation of
California's Clean Beaches Initiative. The contents of this document do not necessarily
reflect the views and policies of the SW RCB, nor does mention of trade names or
commercial products constitute endorsement or recommendation for use."
The Contractor shall include in each of its subcontracts for work under this contract a provision
that incorporates the requirements stated within this subtask.
1.4 The Contractor and any of its subcontractors shall notify the Contract Manager at least ten (10)
working days prior to any public or media event publicizing the accomplishments and/or results of
this contract and provide the opportunity for attendance and participation by SW RCB
representatives.
1.5 Complete a one -page contract summary form (form to be provided by the SW RCB) within three
months of the contract execution.
El
EXHIBIT A -1 —WORK TO BE PERFORMED
GCity of Newport Beach
RCB No.: 01-079-550-23
Page 3 of 8
1.6 Award subcontract(s) to appropriate organization(s) to perform tasks as outlined in this
agreement. Document steps taken in soliciting and awarding the subcontract and submit them to
the Contract Manager for review. Document all subcontractor activities in quarterly reports.
1.7 Every six months during the life of this contract, the Contractor shall develop and submit to their
assigned SWRCB Program Analyst expenditure /invoice projections to enable funding to be
available for payment of invoices.
1.8 At the completion of this project and prior to final payment, the Project Director shall fill out and
provide a project survey form to the Contract Manager.
Task Deliverables: 1.2 Quarterly Progress Reports, 1.5 Contract Summary Form, 1.6 Subcontractor
Documentation, 1.7 Expenditure /invoice projections, 1.8 Project Survey Form
Task 2: Preliminary Design
desiqR of then ed d'.
2.21 Preliminary Newport Dunes Diversions Design. The Project Director shall oversee the preliminary
design of the proposed diversions.
2.32 Preliminary Catch Basin Combo Designs. The Project Director shall oversee the preliminary
plans to place at least 65 catch basin combos in areas impacted by high bacteria counts, including
the West Newport storm drain network and the small watersheds that enter the Bay near Channel
Place Park.
2.43 Circulation Improvement Studies and Pilot Project Plan. The Project Director shall oversee a
consultants design of the Circulation Improvement Studies and Pilot Project Plan that would show
the types of devices proposed to be installed, the monitoring program post - installation, any water
quality modeling, and that would estimate effectiveness measures of the tested devices.
2.54 Preliminary Water Quality Treatment Wetland / Detention Basin. The Project Director shall
oversee the preliminary design of the water quality treatment wetland / detention basin. In an
effort to streamline design for this protect, preliminary and final design will be rolled into
one task and the budget for final design will include preliminary design. Also, the storm
drain monitoring project (Task 2.5) includes some preliminary design work for this project.
2.65 Storm Drain Monitoring — The Project Director shall oversee the selection of a consultant, to
implement a storm drain monitoring program designed to characterize candidate storm drains
within the Newport Bay watershed. Only the GaFnatieR Ave. a
portion of this work applies to this contract,
Sanitation DostA It DiveFsoo., o. Fmwt .efe •e' ' a -0'
Task Deliverables: 2.4 PFeliminaFy GamationAve. IDNfenzion Design; 2.21 Preliminary Dunes Diversion.
Design; 2.3 2 Preliminary Catch Basin Combo Designs; 2.43 Circulation Improvemen
Studies and Pilot Project Plan, 2.6 o...i:,,,i. aFy WellAnds r aI9Rfl ... Geoi.. Debi....;
2.6 5 Storm Drain Monitoring Request for Proposals
Task 3: Permits and CEQA Documents
3.1. The Project Director will prepare applicable California Environmental Quality Act (CEQA)
document associated with the Project (found to be exempt under one or more categorical
exemptions) and record with the Orange County Clerk- Recorder's office.
3.2. The Project Director will secure all required permits for project work. No work that is subject to
permitting shall proceed under this contract until documents that satisfy the permitting process(es)
City of Newport Beach
RCB No.: 01- 079 -550 -2 3
Page 4 of 8
EXHIBIT A -1 — WORK TO BE PERFORMED
3.3. are received by the Contract Manager. Permits may include (if deemed to be applicable by
permitting agencies):
a. US Army Corps of Engineers Section 404 Permit. Where any part of the Project would
require dredging and filling of wetlandstwaters of the United States, the contractor will
secure a Corps Section 404 Permit.
b. US Fish and Wildlife Section 7 Permit If any part of the Project would result in an impact
to any federally listed species, the contractor will prepare a request for consultation under
Secton 7 of the Endangered Species Act with the US Fish and Wildlife Service (US
F &WS).
c. California Regional Water Quality Control Board, Santa Ana Region, Section 401 Permit
If determined by Board staff to be applicable, the contractor will prepare and submit a
request for a waiver under Section 401 of the Clean Water Act. Also, if applicable,
prepare and submit a Notice of Construction Activity (NOCA) to conduct work under the
City's NPDES General stormwater permit. Prepare and submit any applicable stormwater
pollution prevention plan associated with the latter permit.
d. California Department of Fish and Game Streambed Alteration Agreement. if found to be
applicable, prepare and submit a Streambed Alteration Agreement.
e. California Coastal Commission Coastal Development Permit. If found to be applicable,
after receiving an "approval in concept" (AIC) from the City of Newport Beach, prepare
and submit application for a Coastal Development Permit.
f. City of Newport Beach Approval in.Concept (AIC) and Encroachment Permit If found to
be applicable, prepare and submit a request for an AIC (see above) and an
Encroachment Permit from the City of Newport Beach for any construction activity on
publicly -owned land or right -of -way.
g. Orange County Sanitation District (OCSD) Diversion Permit and Agreement Any
proposal to divert dry- weather flows into the Orange County Sanitation District's treatment
facilities or collection system requires a Diversion Permit and an Agreement to Divert Dry
Weather Flows.
h. Caltrans Encroachment Permit & Maintenance Agreement. Construction of the wetlands
detention basin project will likely require an Encroachment Permit and a Maintenance
Agreement from Caltrans.
3.3 The Project Director will provide liaison with the above - listed agencies to answer questions, .
coordinate field visits, secure permits, and incorporate any mitigation measures as outlined in the
permit conditions.
Task Deliverables: 3.1 CEQA Documentation; 3.2 Applicable Permits.
Task 4: Final Project Engineering
Contractor will oversee Final Project Engineering to prepare construction documents that will allow the
construction and implementation of Project components. Contractor will hire a consultant to prepare the
construction documents needed for the Project. Contractor shall cause the work to be done through
consultants on reports, drawings, and specifications necessary to prepare final construction documents
needed for the Project.
4.1 Prepare final documents for Newport Dunes Diversions.
•
City of Newport Beach
SW RCB No.: 01-079-550-k3
Page 5 of 8
EXHIBIT A -1 —WORK TO BE PERFORMED
4.2 Prepare a final list of all locations to install the catch basin "combos ", and include vendor
documentation.
4_3 Implement the Circulation Improvement Study and the Pilot Project Plan.
4.4 Final Design: Contractor or consultant(s) will review the existing preliminary design work for the
Water Quality Wetlands / Detention Basin, and prepare construction documents_ based OR I
4_5 Implement the Storm Drain Monitoring Program in accordance with the RFP (Task 2.6 -5,, and City
of Newport Beach Project Execution Guidelines.
4.76 Preparation of Contract Documents /Authorize Contract to be Let for Bid. Prepare contract
documents (construction plans, specifications, and final cost estimate) for the Project(s)
(Circulation Improvement Study, the Carnation Ave. Diversion Project, the Water Quality
Wetlands / Detention Basin Project, and the Storm Drain Monitoring Project) in accordance with
City of Newport Beach standards. Let the Contract for bid per the City's standards.
4.87 Assistance with Bidding /Recommendation to City Council. Provide assistance to the City during
the bidding period to answer questions, preparing any addenda to the Contract, and preparing a
staff report with recommendation to the City Council on the award of the Project. Council reports
will be prepared for the projects identified in Task 4.76.
Task Deliverables: ; 4.21 Final Documents
— Newport Dunes Diversions; 4.32Final Catch Basin "Combos" Locations & Literature;
4.54 Final Construction Documents — Water Quality Wetlands / Detention Basin; 4.76
Contract Document(s); 4.87 Council Staff Reports
Task 5: Project Construction/Project Implementation
prepared in Task 44.-
5.21 Construct the Newport Dunes Diversion diversions in accordance with the final documents
prepared in Task 4.2:1. Deliverables will include Photo documentation.
5.32 Catch Basin "Combos" Installation — City staff will install the debris screens on the front face of the
catch basin. The filter manufacturer will install the filter(s) in the catch basin. Deliverables will
include photo documentation.
5.43 Circulation Improvement Studies and Pilot Project Plan — Prepare final report based on the
approved preliminary design.
5.54 Water Quality Wetlands / Detention Basin Construction — Construct Wetlands / Detention Basin in
accordance with the Final Construction documents prepared in Task 4.54. Submit Photo
documentation of completed Protect.
5.5 Storm Drain Monitoring Program — Prepare final report based on the approved preliminary design.
Task Deliverables: 5.1 Ar built drawings of Gamation Ave. PiveFsian and phelle deGumeRtatioRl 5,21
Photo Documentation - Newport Dunes Diversions; 5.3•? Photo Documentation -Catch Basin project; 5.4 3
Final Report — Circulation Improvement Project; 5.5 4 As -built drawings of Water Quality Treatment
Wetlands / Detention Basin and photo documentation; 5.65 Final Report — Storm Drain Monitoring
Program.
OCity of Newport Beach
RCB No.: 01- 079 -550 -2 3
Page 6 of —8
EXHIBIT A-1 — WORK TO BE PERFORMED
Task 6: Quality Assurance Project Plan (QAPP)
6.1 Contractor will prepare and maintain a Quality Assurance Project Plan (QAPP) The existing approved
QAPP will be modified to incorporate monitoring for the Water Quality Treatment Wetlands /
Detention Basin. Language can be substituted to reference an approved existing QAPP. The QAPP
shall be approved by the SWRCB QAPP officer prior to the implementation of any sampling or
monitoring activities.
Task Deliverable: 6.1 Approved Revised QAPP
TASK 7: MONITORING AND REPORTING PLAN AND DRAFT AND FINAL REPORTS
7.1 Contractor will prepare (and submit to the SWRCB for the Contract Managers approval) a revised
Monitoring and Reporting Plan (MRP) consistent with Water Code § 79148.8(d). The plan shall
address the following information:
• Describe the water quality baseline and quality of the environment to be addressed;
• Identification of one or more likely sources of non -point source pollution in the Newport Bay,
with additional specificity as to sources near , the Arches
Interchange, and Newport Dunes swimming lagoon;
• A summary of the expected water quality benefits and the implementation methods of the
catch basin combos, diversions, and wetland /detention basin.
• Measurement of the effectiveness (pre- and post - Project) of the Project's components in
preventing or reducing water quality impairments in Newport Bay and, where applicable,
Newport Beach's ocean beaches.
• Describe the manner in which the project will be effective in preventing or reducing pollution
and in demonstrating the desired environmental results.
• Describe the monitoring program, including, but not limited to, the methodology, and the
frequency and duration of monitoring.
7.2 Prepare a draft final project report that summarizes project accomplishments and submit to
SWRCB Project Representative for review and comment The report shall provide the following
requirements:
1. A brief introduction section including a statement of purpose, the scope of the project, and a
brief description of the approach and techniques used during the project.
2. A list of task products previously submitted as outlined in the Schedule of Completion.
3. Any additional information that is deemed appropriate by the Project Representative.
4. Indicate whether the purposes of the project have been met Include information collected in
accordance with the project monitoring and reporting plan, including a determination of the
effectiveness of the best management practices or management measures implemented as
part of the project in preventing or reducing non -point source pollution.
7.3 Prepare a final report that addresses comments from the SWRCB Project Representative.
Task Deliverable: 7.1 Approved Revised Monitoring and Reporting Plan; 7.2 Draft Final Report, 7.3 Final
Report
• City of Newport Beach
SW RCB No.: 01- 079 -550 -2 3
Page 7 of 8
EXHIBIT A -1 — WORK TO BE PERFORMED
C. SCHEDULE OF COMPLETION DATES
Task
Subtask
Deliverable
Com letion Date
1 Project Mana ement a d Administration
1.2
Quarterl Progress Reports
March 2002/guarterly
1.5
Contract Summary Form
March, 2002
1.6
Subcontractor Documentation
June 2005
1.7
Expenditure / Invoice Projections
July 2002tsemi-
annually thereafter
1.8
Project Survey Form
March 2006
2 Preliminary Design
2.24
Preliminary Dunes Diversion Design
Feb 2002
2.3-2
Preliminary Catch Basin Combo Designs
May, 2002
2.43
Circulation Improvement Studies and Pilot Project Plan
March 2003
23
2.6-5
Storm Drain Monitoring RFP
A r 2004
3 Permits and CEQA Documents
3.1
ICEQA Documentation
I March 2004
3.2
JApplicable Permits
I Jaa Mar 2005
4 Final Project Engineering
4,4
PCIGUFAGRts GaRatieA Ave. D.V9FriGR
Nev -2004
4.24
Final Documents — Newport Dunes Diversions
May 2002
4.3-2
Final Catch Basin "Combos" Locations & Literature
Dec 2003
4.5-4
Final Construction Documents — Water Quality Wetlands /
Detention Basin
NG Q Mar 2005
4.7-6
Contract Document(s)
F-eb-2005-Mar 2005
4.8-7
Council Staff Reports.
124D -2805 Mar 2005
5 Project Construction/Project
5:4
daeurnentatien
Jun 2895
5.2-1
Photo Documentation — Newport Dunes Diversions
Aug 2002
5.3-2
Photo Documentation — Catch Basin Project
Dec 2003
5.4 3
Final Re ort — Circulation Improvement Project
Aug 2003
5.5 4
As -built drawings of Water Quality Treatment Wetlands /
Detention Basin and photo documentation
Jun-2885-Se t 2005
5.§S
IFinal Report — Storm Drain Monitoring Program
Oct 2004
6 Qualit Assurance Project Plan
6.1 Approved Revised QAPP Sea 2004 Mar 2005
7 Monitoring and Reporting Plan and Draft and Final Reports
7.1
JApproved Revised Monitoring and Reporting Plan
Mar 2005
7.2
1 Draft Final Report
Feb 2006
7.3
IFinal Report
Mar 2006
OCity of Newport Beach
RCB No.: 01- 079 -550 -23
Page 8 of 8
EXHIBIT A -1 —WORK TO BE PERFORMED
D. REPORTS
1. The Project Representative shall submit a quarterly progress report to the SWRCB Project
Representative describing activities undertaken, accomplishment of milestones, and any problems
encountered in the performance of the work under this agreementAareement and delivery of
intermediate products, if any. The description of activities and accomplishments of each task during
the quarter shall contain sufficient detail to provide a basis for payment of invoices and shall be
translated into percent of task work completed for the purpose of calculating invoice amounts.
2. The invoice shall include a copy of the progress report. If the progress report does not accompany
the invoice, the invoice shall not be deemed complete until a copy of the progress report is received.
3. The Project Representative shall submit to the SWRCB Project Representative one reproducible
master and two (2) copies of a draft report describing the work performed pursuant to Section B of this
Exhibit for review and comment
4. The SWRCB Project Representative shall submit final comments on the draft report to the Project
Representative.
5. The Project Representative shall submit to the SWRCB Project Representative for approval one
reproducible master and two (2) copies of the final report containing the results of the work performed
and addressing the comments submitted to the Project Representative by the SWRCB Project
Representative. The report shall not be considered final until accepted and approved by the SWRCB
Project Representative.
E. SPECIAL MITIGATION MEASURES
[X] No special mitigation measures are attached to this grant or
[ ] Special mitigation measures that must be complied with are as follows:.
. 0City of Newport Beach
RC13 No.: 01- 079 -550 -23
Page 1 of 55
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENT
For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees
to compensate the Contractor for actual expenditures incurred in accordance with the rates
specified herein, which is attached hereto and made a part of this Agreement.
A. Invoices shall include the Agreement Number and shall be submitted in triplicate not more
frequently than quarterly in arrears to:
Laura L. Peters
State Water Resources Control Board
Division of Financial Assistance
1001 1 Street, le Floor
Sacramento, CA 95814
B. Payments will be on a cost incurred basis, upon receipt of an undisputed invoice and
completed "Request for Disbursement", SWRCB Form 262 submitted in accordance with
the instructions contained herein. Invoices received by the SWRCB Project
Representative that are not consistent with this format will be cause for an invoice to be
disputed. In the event of an invoice dispute the SWRCB Project Representative shall
notify Contractor by Initiating a Standard Form 209 INVOICE DISPUTE NOTIFICATION.
Payment will not be made until the dispute has been resolved and a corrected invoice
submitted. The SWRCB Project Representative is required to approve all invoices for
reimbursement. Only invoices for costs incurred after July 1, 2001, with all appropriate
backup documents (supporting itemized invoice) attached will be approved.
The invoices shall include the following information:
a. The word 'Invoice" should appear in a prominent location. at the top of the
page(s) and include a sequential number.
b. Printed name of the Contractor.
C. Business address. of the Contractor, including P.O. Box, City, State, and Zip
Code;
d. "Bill To" is SWRCB;
e. The date of the invoice;
f. The contract number upon which the claim is based;
g. An itemized account of the services by task for which the SWRCB is being billed;
h. Include an itemized account of "in -kind" grant match or "dollar" grant match
including what percent the match represents of the total grant match obligation;
and
Printed on Original Contractor Letterhead or original signature by the Contractors
Administrative Officer or designee.
The invoice must show the time period actually being billed. Quarterly invoices
must be based on the calendar quarter (ending in March, June, September, and
December).
• �City of Newport Beach
RCB No.: 01 -079 -550 -2 3
Page 2 of 5
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
C. Computing the Amount Due
Payment will be made upon submittal of an invoice which details the percentage of each
task completed based on work not dollars spent. Notwithstanding any other provision of
this contract, the Contractor agrees that the SW RCB may retain an amount equal to ten
percent of the grant amount specified in this contract until completion of the Project to the
satisfaction of the Division. Any retained amounts due to the Contractor will be promptly
disbursed to the Contractor, without interest, upon completion of the Project.
D. Matching Funds
If projects include capital costs, the project applicant shall identify those costs. The local
matching contribution required by subdivision (f) of Section 79148.8 of the Water Code
may be satisfied by in -kind match that meets all or a portion of local cost share required
by subdivision (f) of Section 79148.8 of the Water Code. For the purposes of determining
the capital cost of the Project, the in -kind match shall be included in the total project cost
The "Contractor' shall provide a matching contribution for the portion of the project
consisting of capital expenditures for construction, according to the following formula:
Project Capital Cost = Capital Cost Match by Recipient
$1,000,000 to $5,000,000, inclusive = 20%
$125,000 to $999,999, inclusive = 15%
$1 to $124,999, inclusive = 10%
E. Final Invoice
The final invoice should include the amount of the remainder of the contract work. The
invoice must be clearly marked FINAL INVOICE.
F. Backup Documents
It is necessary to provide monthly /quarterly reports, task products due, and vendor
invoices for the purchase of equipment (items over $5000) as attachments to the
invoices. You must, however, keep copies of all vendor invoices, timesheets, and any
other documents related to the project for future audit purposes.
G. Payment of Project Costs
Contractor agrees that it shall provide for payment of its full share of the Project costs. All
costs and payments for the Project shall be paid by the Contractor promptly and in
compliance with all applicable laws.
Withholding of Grant Disbursements
The SWRCB may withhold all or any portion of the grant funds provided for by this
contract in the event that:
(1) The Contractor has materially violated, or threatens to materially violate, any
term, provision, condition, or commitment of this contract;
(2) The Contractor fails to maintain reasonable progress toward completion of the
Project.
• �City of Newport Beach
RCB No.: 01- 079 -550 -2 3
Page 3 of —5
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
Fiscal Management Systems and Accounting Standards
The Contractor shall comply with state standards for financial management systems. At a
minimum, the Contractor's fiscal control and accounting procedures shall permit
preparation of reports required by the state and tracking of grant funds to a level of
expenditure adequate to establish that such funds have not been used in violation of state
law or the terms of this contract. The Contractor shall maintain separate Project accounts
in accordance with generally accepted government accounting standards.
J. Audit Disallowances
The Contractor agrees it shall return any audit disallowances to the SWRCB.
2. LIMITATION OF FUNDING:
The maximum amount to be encumbered under this agreement Agreement for the 2001 fiscal
year ending June 30, 2002 shall not exceed $500,000.
3. BUDGET CONTINGENCY CLAUSE
A. It is mutually agreed that if the Budget Act of 2001/02 and/or any subsequent. years
covered under this Agreement does not appropriate sufficient funds for the program, this
Agreement shall be of no further force and effect. In this event, the State shall have no
liability to pay any funds whatsoever to Contractor or to furnish any other considerations
under this Agreement and the Contractor shall not be obligated to perform any provisions
of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act 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 agreement amendment to Contractor to reflect the
reduced amount.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
•
EXHIBIT B - BUDGET DETAIL AND PAYMENT PROVISIONS
4. BUDGET
A. Task Budget
*City of Newport Beach
RCB No.: 01- 079 -550-2 3
Page 4 of 5
Task
Description
CBI
Phase 1
CBI
Phase 2
city
Match
Project
Total
1
Project Management & Administration
$0
$2,000
$33,000
$35,000
2
Preliminary Design
$44,000
$19,000 10
$3,800 0
$44,000
$57,000
3
Permits and CEQA Documents
$2,000
1 $2,000
$0
1 $4,000
4
Final Project Engineering
- Circulation Study
$20,000
$0
$0
$20000
- Catch Basin Combos
$0
$1,000
$0
$1000
$0
$18;800
$9
$49 000
- Arches Wetlands / Detention Basin
$0
75,000
$45,800
$0
$76,000
$1 5,900
Subtotal Task 4
$20,000
76 000
8
$2600
$0
$96,000
$46,800
5
Project Construction /Implementation
RRDs & Diversions
- Catch Basin Combos
$130,000
$0
$20,000
$150,000
- Dunes Diversions
$3,000
$0
$0
$3,000
CarpAtbn,,Ave Diversion eD
Monitoring Program
$0
$40,000
$440,000
$33,000
$73,000
$495,800
$45800
Arches Wetlands / Detention Basin
$0
$175,000
M0
$15,800
$175,000
$4391-OW
$:1115,099
Subtotal Task 5
$133,000
$265,09
215000
$53,000
$401,000
$50,000
$438;000
6
QAPP
$1,000
$1,000
$0
$2,000
7
Monitoring and Reporting Plan
$0
$0
$1,000
$1 000
Draft and Final Reports
$0
$4,000
$1,000
$5,000
TOTALS
$200,000
$300,000
$88,000
$588,000
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
B. Line Item Budget
City of Newport Beach
&RCB No.: 01 -079 -550-2 3
Page 5 of 5
Task
Description
CBI
Phase 1
CBI
Phase 2
City
Match
Project
Total
1
City Personnel Services (x1.3
benefits )
$2,000
$33,000
$35,000
— Hours ACM/Project Director
$55 /hr
10
150
s8,800
Hours WQ Specialist ($35 /hr)
18.5
330
$12,200
Hours Pr. Civil Engineer ($50 1hr)
16
zsa
$14,000
2
Operating Expenses
— Includes Permit Fees, Runoff Plan
Printing
$2,000
$2,000
$0
$4,000
3
Construction /Implementation
$133,000
$215,000
$255;009
$20,000
$368,000
$438;,99
$50;098
— Includes construction
management, contingency, and
installation
4
Consultant Services
-- For prelim and final engineering
and studies
$65,000
$81,000
$41,090
35,000
$5,009
$181,000
$4-11;999
TOTALS1
$200,000
$300,000
$88,000
1 $588,000
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
SCity of Newport Beach
JRCB No.: 01- 079 - 550-23
Page 1 of 3
1. 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 SWRCB
Project Representative, who shall reduce such decision to writing and mail or otherwise furnish a
copy thereof to the Contractor. The decision of the SWRCB Project Representative shall be final and
conclusive unless, within 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 Project 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 SWRCB Project Representative unless the
Contractor has received notice of termination. Decisions on any disputes hereunder may include
decisions of both fact and law; provided, 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 et 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. 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 SWRCB Project Representative 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 SWRCB Project Representative.
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.
City of Newport Beach
. �IVRCB No.: 01- 079 - 550-23
Page 2 of 3
EXHIBIT D— SPECIAL TERMS AND CONDITIONS
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)
5. 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.
6. Prioritv Hiring Considerations: Contractor shall give priority consideration in filling vacancies in
positions funded by this Agreement to qualified recipients of aid under Chapter 2 (commencing with
Section 11200) of Part 3 of Division 9 of the California Welfare and Institutions Code in accordance
with Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare
and Institution Code. (PCC 10353 W &I 11200, 11349, 2CCR, 1896.30 SCM 5.3)
7. 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 days after receipt of a written "contract modification ", submit to the
SWRCB a written statement setting forth the disagreement with the change.
8. Termination: Notwithstanding the provisions of the Department of General Services General Terms
and Conditions (GTC). This contract may be terminated by written notice at any time prior to
completion of the Project, at the option of the SWRCB, upon violation by the Grantee of any material
provision of this contract after such violation has been called to the attention of the Grantee and after
failure of the Grantee to bring itself into compliance with the provisions of this contract within a
reasonable time as established by the Division. In the event of such termination, the Grantee
agrees, upon demand, to immediately repay to the SWRCB an amount equal to the amount of grant
funds disbursed to the Grantee prior to such termination. In the event of termination, interest shall
accrue on all amounts due at the highest legal rate of interest from the date that notice of termination
is mailed to the Grantee to the date of full repayment by the Grantee.
9. Budget Flexibility: Subject to the prior review and approval of the SWRCB Project
Representative, line item shifts of up to $25,000 or ten percent of the annual contract total, whichever
is less, may be made up to a cumulative maximum of $50,000 per fiscal year. Line item.shifts may
be proposed /requested by either the State Water Board or the Contractor in writing and must not
increase or decrease the total contract amount allocated per fiscal year.
10. Computer Software: Contractor certifies that it has appropriate systems and controls in place to
ensure that State funds will not be used in performance of this contract for the acquisition, operation
or maintenance of computer software in violation of copyright laws.
11. Union Organizing_ Contractor, by signing this agreemen Agreement, hereby acknowledges the
applicability of Government Code 16645 through 16649 to this aqreemeR Agreement. Furthermore,
Contractor, by signing this agFeemen , here by certifies that:
1) No state funds disbursed by this grant will be used to assist, promote or deter union organizing.
2) Contractor shall account for state funds disbursed for a specific expenditure by this grant, to show
those funds were allocated to that expenditure.
City of Newport Beach
• �RCB No.: 01- 079 - 550 -23
Page 3 of 3
EXHIBIT D— SPECIAL TERMS AND CONDITIONS
3) Contractor shall, where state funds are not designated as described in Department of General
Services "General Terms and Conditions" (GTC) Item 18, (b), allocate, on a pro -rata basis, all
disbursements that support the grant program.
4) If Contractor makes expenditures to assist, promote or deter union organizing, Contractor will
maintain records sufficient to show that no state funds were used for those expenditures, and that
Contractor shall provide those records to the Attorney General upon request.
• • City of Newport Beach
SWRCB No.: 01- 079 - 550-23
Page 1 of 4
EXHIBIT E
SWRCB CBI SPECIAL CONDITIONS
1. BOND TERMS
(A) Work performed under this contract shall protect the beneficial uses of the coastal waters
throughout the State.
(B) The Project has been the subject of consultation between the SWRCB, the California Coastal
Commission, and the Beach Water Quality Task Force.
(C) The Project demonstrates the ability to produce sustained benefits for 20 years.
(D) The Project addresses the causes for the pollution, rather than the symptoms.
(E) The Project shall be consistent with existing water quality and resources protection plans.
(F) The Contractor has submitted a Monitoring and Reporting Plan.
(G) The Contractor has included a matching contribution for the capital expenditures for construction.
(H) The Contractor has informed the SWRCB of the permits necessary to complete the Project.
(1) The Project is consistent with recovery plans for coho salmon, steelhead, or trout.
(J) The Project has been the subject of public review.
2. DEFINITIONS
(A) "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to
help defray the planning, design, construction, engineering, and administration costs of the
Project.
(B) "Project Representative" means the Mayor of a City, the Chairperson of the County Board of
Supervisors, the Chairperson of the Board of Directors of the Contractor, or another duly
appointed representative. For all Project Representatives, a certified original copy of the
authorizing resolution that designates the Project Representative by title, shall accompany any
contract, the first payment request, and any other documents or requests required or allowed
under this contract.
(C) "Change in the scope of the Project" means any change from the Project description in the Project
Authorization Package.
(D) 'Completion of construction " means the date, as determined by the Division after consultation
with the Contractor, that the work of building and erection of the Project is substantially complete.
(E) "Contractor" means the City of Newport Beach.
(F) "Force account " means the Contractor's own employees or equipment used for Project
construction.
(G) "Initiation of construction " means the date that notice to proceed with work is issued for the
Project or, if notice to proceed is not required, the date of commencement of building and erection
of. the Project.
(H) "Project completion " means the date, as determined by the Division after consultation with the
Contractor, that operation of the Project is or is capable of being initiated, whichever comes first.
(1) "SWRCB" means the State Water Resources Control Board.
(J) "Useful life of project" means IA2nty 1201 years from and after Project completion.
3. GENERAL COMMITMENTS
The Contractor accepts and agrees to comply with all terms, provisions, conditions, and commitments of
this contract, including all incorporated documents, and to fulfill all assurances, declarations,
representations, and commitments made by the Contractor in its application, accompanying documents,
and communications filed in support of its request for this Grant.
�City of Newport Beach
lRCB No.: 01- 079 - 550 -23
Page 2 of 4
EXHIBIT E — SWRCB CLEAN BEACHES SPECIAL CONDITIONS
representations, and commitments made by the Contractor in its application, accompanying documents,
and communications filed in support of its request for this Grant
4. COMPLETION OF PROJECT
The Contractor agrees to expeditiously proceed with and complete the Project in substantial accordance
with the application as submitted.
5. CONTINUING OBLIGATIONS
The obligations of Sections 6, 7 and 8 below shall survive the Term of this Contract.
6. OPERATION AND MAINTENANCE
The Contractor covenants and agrees to properly staff, operate, and maintain all portions of the Project
during the Project's useful life and in accordance with all applicable state and federal laws, rules and
regulations. In the event that the Contractor assigns or transfers any or all portions of the Project to another
entity, the Contractor shall be responsible to ensure that the assignee or transferee of any or all portions of
the Project shall properly staff, operate and maintain all portions of the Project during its useful life and in
compliance with all applicable state and federal laws, rules and regulations. The Parties to this Agreement
understand and agree that this covenant shall survive the expiration or termination of this Agreement. The
Parties further understand and agree that this covenant is for the benefit of the SWRCB and shall be
enforceable during the useful life of the Project facilities.
Failure at any time to comply with this Section shall be considered a material breach and violation of this
Agreement, and a nonexclusive remedy shall include reimbursement by the Contractor of all grant funds
disbursed under this Agreement, plus accrued prejudgment interest thereon from the date of disbursement of
such funds.
7. PROJECTACCESS
The Contractor shall insure that the SWRCB, or any Project Representative thereof, has suitable and
reasonable access to the Project site at all reasonable times for the useful life of the Project.
8. REPORTS
The Contractor shall expeditiously provide, during construction or upon completion of the Project and
thereafter during the useful life of the Project, such reports, data, and information as may be reasonably
required by the Division, including but not limited to material necessary or appropriate for evaluation of the
SWRCB program or to full any reporting requirements of the state government.
9. FINAL PROJECT REPORTS; AUDIT
(A) Within 120 days after Project completion, the Contractor shall provide to the Division a final cost
summary report on the Project The summary shall include, at a minimum, a statement of:
(1) Total Project costs;
(2) Total Project costs eligible for contract funding under the SWRCB's contract program and
this contract;
(3) The total amount of contract funds received;
(4) The amount of interest earned, if any, on contract funds before disbursement on account
of incurred Project costs. If no interest has been earned, this fact shall be expressly
stated; and
(B) The Division may call for an audit of financial information relative to the Project, where the Division
determines that an audit is desirable to assure program integrity or where necessary because of
City of Newport Beach
• �IRCB No.: 01- 079 - 550-23
Page 3 of 4
EXHIBIT E — SWRCB CLEAN BEACHES SPECIAL CONDITIONS
federal requirements. Such an audit shall be performed by a Certified Public Accountant
independent of the Contractor and at the cost of the Contractor. The audit shall be in the form
required by the Division.
10. RECORDS
(A) Without limitation of the requirement to maintain Project accounts in accordance with generally
accepted government accounting standards, the Contractor agrees to:
(1) Establish an official Project file that documents all significant actions relative to the
Project;
(2) Establish separate accounts that adequately and accurately depict all amounts received
and expended on the Project, including all contract funds received under this contract;
(3) Establish separate accounts that depict all income received which is attributable to the
Project, specifically including any income attributable to contract funds disbursed under
this contract;
(4) Establish an accounting system that accurately depicts final total costs of the Project,
including both direct and indirect costs;
(5) Establish such accounts and maintain such records as necessary for the State to fulfill
reporting requirements, including any and all reporting requirements under federal tax
statutes or regulations; and
(6) If the Contractor uses its force account for any phase of the Project, other than for
planning, design and construction engineering, and administration provided for by
allowance, the Contractor shall establish accounts which 'reasonably document all
employee hours charged to the Project and the associated tasks performed by each
employee. Indirect force account costs may be paid with the SWRCB's prior written
approval.
(B) The Contractor shall be required to,maintain books, records, and other material relative to the
Project in accordance with generally accepted accounting standards. The Contractor shall also
be required to retain such books, records, and other material for each subcontractor who
performed work on the project for a minimum of thirty six (36) twenty-three (23) years after the
last disbursement. The Contractor shall require that such books, records, and other material shall
be subject at all reasonable times to inspection, copying, and audit by the SWRCB and by state
auditors, or any Project Representatives thereof.
(C) The Contractor shall retain its Project records for a minimum of thirty six (36)twenty -three (23)
years after the last disbursement, and for such longer, period as may be required for the State to
fulfill federal reporting requirements under federal tax statutes and regulations. All Contractor
records relative to the Project shall be subject at all reasonable times to inspection, copying and
audit by the SWRCB and state auditors, or any Project Representatives thereof.
(D) All documents required or requested shall be in electronic format
(E) The Contractor agrees to expeditiously provide, during work on the project and for thiry sixes
twenty -three (23) years after the last disbursement, such reports, data, information and
certifications as may be reasonably required. Such documents and information shall be provided in
electronic format.
11. STATE REVIEWS AND INDEMNIFICATION
The parties agree that review or approval of Project plans and specifications by the SWRCB is for
administrative purposes only and does not relieve the Contractor of its responsibility to properly plan,
design, construct, operate, and maintain the Project. As between the SWRCB and the Contractor, the
Contractor agrees that it has -sole responsibility for proper planning, design, construction, operation, and
maintenance of the Project, and the Contractor agrees to indemnify the SWRCB, the State of California
City of Newport Beach
• *HRCB No.: 01 -079- 550-23
Page 4 of 4
EXHIBIT E — SWRCB CLEAN BEACHES SPECIAL CONDITIONS
and their officers, agents, and employees against and to hold the same free and harmless from any and
all claims, demands, damages, losses, costs, expenses, or liability due or incident to planning, design,
construction, operation, or maintenance of the Project.
12. SWRCB ACTION: COSTS AND ATTORNEY FEES
Any remedy provided in this contract is in addition to and not in derogation of any other legal or equitable
remedy available to the SWRCB as a result of breach of this contract by the Contractor, whether such
breach occurs before or after completion of the Project. The SWRCB's exercise of any remedy provided
by this contract shall not preclude the SWRCB from pursuing any legal remedy or right otherwise
available. In the event of litigation between the parties hereto arising from this contract, the prevailing
party shall be entitled to such reasonable costs and/or attorney fees as may be ordered by the court
entertaining such litigation.
13. COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor agrees that it shall, at all times, comply with and require its contractors and subcontractors
to comply with all applicable federal and state laws, rules, regulations and guidelines. The Contractor
shall comply with, implement, and full all environmental mitigation measures applicable to the Project,
and which may otherwise be required by this Contract, "CEQA ", and the State CEQA Guidelines.
14. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS
If any breach of any of the provisions of this contract by the Contractor will result in the loss of tax exempt
status for any State bonds, or if such breach will result in an obligation on the part of the State to
reimburse the federal government for any arbitrage profits, the Contractor shall immediately reimburse the
State in an amount equal to any damages paid by or loss incurred by the State due to such breach.
15. CONSTRUCTION ACTIVITIES and NOTIFICATIONS
For construction projects, the Contractor shall promptly notify the SWRCB in writing of:
(1) Any substantial change in scope of the Project. No substantial change in Project scope
may be undertaken until the Contractor provides written notice of the proposed change to
the SWRCB and the SWRCB gives written approval for such change;
(2) Unscheduled cessation of all major construction work on the Project where such
cessation of work is expected to or does extend for a period of 30 days or more;
(3) Any circumstance, combination of circumstances, or condition, which is expected to or
does delay completion of construction for a period of 90 days or more beyond the
estimated date of completion of construction previously provided to the SWRCB;
(4) Completion of construction of the Project.
16. PREVAILING WAGES AND LABOR COMPLIANCE
If applicable, the Contractor agrees to be bound by all the provisions of State Labor Code
Section 1771 regarding prevailing wages. If applicable, the Contractor shall monitor all
agreements subject to reimbursement from this Agreement to assure that the prevailing
wage provisions of State Labor Code Section 1771 are being met. The Contractor agrees
to fulfill its responsibilities under Section 1771.8 of the Labor Code, where applicable.
STATE OF CALIFORNIA
STANDARD AGREEMENT AME. MENT
STD. 213 A (Rev 9/01)
:) 185
® CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 22 Pages AGREEMENT NUMBER AMENDMENT NUMBER
101-079-550 2
1. This Agreement is entered into between the State Agency and. Contractor named below:
STATE AGENCY'S NAME
State Water Resources Control Board
CONTRACTOR'S NAME
City of Newport Beach
2. The term of this July 1, 2001 through March 31, 2006
Agreement is
3. The maximum amount of this $500,000.00
Agreement after this amendment is: Five hundred thousand dollars and no cents
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:
The purpose of this Amendment is to extend the end date of the Agreement to March 31, 2006 to allow completion of the
scope of work, to realign the budget, and update provisions.
Standard Agreement 01-079-550-0 entered into July 1, 2001, and Amendment 1 entered into on December 17, 2002, is
hereby amended on August 5, 2004 as follows:
1) Std. 213, Item 2, "Term of this Agreement is:" is amended by deleting the reference of November 30, 2004 there from and
inserting March 31, 2006 in place thereof (a sixteen [ 16] month term extension).
2) Exhibit A, Scope of Work, is amended, attached hereto, and made part of this Agreement (deletions are in strikethrough
and additions are in bold and underlined).
3) Exhibit A-1, Work to be Performed, is amended, attached hereto, and made part of this Agreement (deletions are in
strikethrough and additions are in bold and underlined).
4) Exhibit B, Budget Detail and Payment Provisions, is amended, attached hereto, and made part of this Agreement
(deletions are in strikethrough and additions are in bold and underlined).
5) Exhibit E, SWRCB Clean Beaches Special Conditions, is amended, attached hereto, and made part of this Agreement
(deletions are in strikethrough and additions are in bold and underlined).
All other terms and conditions of the original Agreement, as amended, shall remain the same.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto
CONTRACTOR
CONTRACTOR'S NAME (If other than an individual, state whether a corporation, partnership, etc.)
City of Newport Beach
BY (Authorized atu
DATE SIGNED (Do not type)
PRINTED NAME AND TITLE?,PERSON SIGNI
Tod W. Ridgeway, Wyor
ADDRESS
3300 Newport Boulevard, Newport Beach, CA 92658-8915
STATE OF CALIFORNIA
AGENCY NAME
State ater Resources Control Board
BY (Au o d SignattleyDATE7c;
ED (Do not t pe)
0 p
PRI ED NAME A TITLE OF PERSON SIGNING
Bill Brown, Chief, Division of Administrative Services
ADDRESS
10011 Street, 18"' Floor, Sacramento, CA 95814
CALIFORNIA
Department of General Services
Use Only
APPROVED
S7 2 4 2004
DEPT OF GENERAL SERVICES
❑ mpt per:
EXHIBIT A
SCOPE OF WORK
City of Newport Beach
SWRCB No. 01 -079 -550 -2
Page 1 of 1
1. Contractor agrees to provide to the State Water Resources Control Board (SWRCB) subvention
services as described herein:
2- The Contractor shall install up to six -five storm drain diversions, perform water circulation studies
at Newport Dunes and Newport Island Channels, aad -shall install catch basin inlet screens and
filters, and construct one water auality treatment wetiand /detention basin in the watersheds
of Newport Bay in Newport Beach, Orange Countyi California.
32. The project representatives during the term of this agreement will be:
PROJECT REPRESENTATIVES
State Agency: State Water Resources Control
Board
Contractor: City of Newport Beach
SWRCB Project Representative:
Christopher Stevens
Project Representative:
Tod W. Ridgeway, Mayor
Phone: 916 341 -5698
Phone: 949 644 -3000
Fax: 916 341 -5707
Fax: 949 644 -3020
The SW RCB's Project Representative shall be Christopher Stevens of the Division of-Gleaw
PregraRrs Financial Assistance. The SWRCB Project Representative 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 that could be performed by the
SWRCB Project Representative under this agreement. Except as otherwise expressly provided, all
communications relative to this agreement shall be given to the SWRCB Project Representative.
The Project Representative shall be Tod W. Ridgeway, Mayor, and his successor mayors. The
Project Representative shall be the Contractor's representative for the technical conduct and
administration of the agreement and shall have full authority to act on behalf of the Contractor. All
communications given to the Project Representative shall be binding as if given to the Contractor.
The parties may change their rcject Representative upon
providing written notice to the other party.
Direct all inquiries to:
State Water Resources Control Board
Contractor's Name: Cit y of Newport Beach
Division of in ncial
Assistance
Section/Unit: City Manager's Otfice
Attention:
Laura L. Peters
Attention: Dave Kiff
Address:
1001 1 Street, 16 Floor
Sacramento, CA 95814
Address: 3300 Newport Boulevard,
Newport Beach CA 92658 -8915
Phone:
916 3415854
Phone: 949 644 -3002
Fax:
916 341 -5707
1 Fax: 948 6443020
43. Detailed description of work lobe performed and duties of all parties shall be provided in accordance
to Exhibit A -1, Work To Be Performed, which is attached hereto and made part of this agreement.
is listedJ& the
City of Newport Beach
SWRCB No. 01 -079-550-2
Page 1 of 11
feral Clean Water Act's
itants. As a result of weekly
different sites in Newport
Cation Agency), Newport
ch Mil Days)[in 2003. Two swimming areas
the po 'Y cgs, n}e ning that high bacteria
1 in an 9 _nio the a areas.
and to increase die -off
Bay and along the
ra significant reduction
let `� bine a screen with a filter ('catch
ing i ko New oj-t Island's channels;
diverting these flows fFGFa
> on a f. f basis to increase circulation and
d, with e potent) al of permanently installing
be effElve.
diversions at the
3eachesl "itiatiue ith the resources of the City
County Prangeli Health Care Agency (water
Beach Clean Beaches
e major components:
a x ovvrc�n rvo u i u r a -oau c ar
X r w If
Aiii
- � Page 2 of 11
EXHIBIT A -1 WORK TO BE PERFORMED'
Design, Install and operate;,
•1,' Storm"draln to Sanitary Sewer Diversions. 'The Project wlil,deslgn, cgnstruct, and Implement up ,.F '
to sox- ve storm drain -te 61311412ryi- 6 ewleF diversions In the following locations:
•, Newport Dunes (the -foul small pli g and•pump dlverslons)
Camatlon Avenue{ constructed " r dlverslon)j
ty- based- �4v_e}'' - i
6d-�iVafeiefi�e a
•22 Catch Basln,Combos (combl f a screenoutside a catch basin Inlet and :flltsrs bshlnd, the
screen), =includes Insfalling at least6 catch °basin combos�at catch;basin Inlets;_ and r
43: Circulatlon Pilot Test. Analyze, V184fif Id testing and modeling (Using the existing RMA model of
New ort Ba the reduction In bac, ( y) nd:circulate bay water
p Bay),' - ter++ a If an when devices that aerate a
are Installed -in Newport Dunes Swimtning Lagoon and Inthe West Newport Channel.
46 Water Quallty TreatmentVetland /C efentlon Basin Thei Project wlll4eslari and-constiuct
a wateroualitytreatmantwetland /detention basin In thwArc hesklnterehanae (OW N ewaortr•
Boulevard storm drain):_j�
The Contractor "shall be responsible for tY'e performance of the work as set forth herein below and for
the preparation of'products fin
and a al relio, as.speoifled In this Exhibit. The Project Representative 11
shall projnptly nbtify,the SWRCB Projec6ReIpresentative of, events ,orpr"oposed - changes- thatcould
affectttie cope, budget, or schedule, of�rork-performedun der this 'agreement.
Task I"; Project Man agement'an-d Adminijstratlon
1.1 Provide all technical and ai
supervise and review allw(
that the'contract Is comptei
procedures, applicable law
1.2 Ensure thatthe contracture
submitted'4'o the Contract -IN
quarter (March, June, 5egl
the Contract Manager. ,Th
accomplishments of each 1
encountered i��the perfarrr
and aoocompllshments _of ei
basis for.paymant 66ri volc
the purpose of ca- Iculating
gyrations, -
.e Amounts,
'.- _- - cornrnrrerai pwuwts. wn�uwa
pletlon, monitor,,
3duling to,assure
)with approved
ly status reports
f.of the celender
nunicatlor with
tken and,
any problems=
stlon of activities
Oirto provide a.
k completed for
document, written'
tract wlth;tha'
fachado. Water
entallon of,'
lot necessarily
ames or
R.
Pa
66'3 of 11,
EXHIBITA—t—WQRKT613E PERFORMED'7
The Contractor shall Include in each of its subcontracts for wbrki undertbis contract. a provision
that! incorporates the requirements stated within, this subtask.
1.4 The7 Contractor and any of its subcontractors shall notify,therCohtract�Manager at least -
ten ,(1 0) working days prior to any puhllc or%medla ever , t'l�ubllclzlng�the,actomplishmenfs'
and/or results,ofthis contract ,and provide the op I portunity for attendance and participation by,,
SWRCBlrepresentatives.
1.5, Complete a one-Oagec6ritract, summaryform (form to be provided, by the SW R_ CB) within
three months of' the ,contract ex6cutlon.
H Award subcontracts) tbi,appropriate organization(s) to perform,tasks,asioutlined in this
agreement., Document steps, taken 1 , n soliciting and aWardirfgithe s6bcontract and them;
-to the Contract Manager-for -review. Dbcume-nt,allsUbcohfradtoractivities in quarterly reports:
17 Every six months , during the life of this contract, the Contractor shall develop and submit to
their, assigned SWRCB Program Analy0texpenditurelinvolce projecljons to enable fUndIn,g',to
be,avallable for payment 0 Invoices.
-1.8- At the completlon,,pf this project an6 prior Jo final payment, the -Project Director shal E fill, out and
provide a project survey form `to the Contract Manager;,
Task Qeliverablars '1.2'Quarterly,Progre" Repi0s; 1.5 Con'tractiSurnmeryForm; 1.6 Subcontractor
Documentation; 1.7 Expen'diture/Invoice,projecti6ns' 118 Project Survey Form
Task 2t- PrelmInary'Design
2.4 Preliminary CarnatlonAvenue D)verslon Design. The Project Dlrector'� shall oversee the
preliminary deslgn;&'the proposed diversions.
I
-2.2-
Preliminary ciesign ot the Proposoo diversions.
2.3 'Preliminary Catch Basin'dombo Designs, The Project Director shall oversee the preliminary'
plans to place qt.least 65 catch basin combos in area's Impacted by,,hld,K bacteria counts,
Includ,ini'the West, Newport storm-Idrbln network and the smallwaterstieds#f8it enter the Bay
near Channel Place Park.
2.4 CIrculatlon'Improvement Studio rand Pilot ProjectPlan. The Project Dlrqctor61hall oversee! a
2.5 Preliminary Water Quality, Treatment
Wetland/DMentlomBasIn.
The
Prolect
Director
shall oversee the nrellminary
design oUthe water Auallty treatmontwetlandidetention
j as
2.6 Storm'Oralln Moriltorina -:The
Proledt Di rector
shall oversee tho,"lection
dCal-
consultant, to Implement -a storm drain monitoring.-brogtarn
oalaned
to,charactailze
candidatastormAr a flocludinaZarnatlon
Avenue) within the,
Nowp�ad
Day
watershod� Only �the Marnatlon.Menuw
Storm
Deal 6 aortion'.of
this
work an
116stothIs
Avireemant asAI&rnonItorIha'Is
regUir6d,lbeforwissuance,of'o
Sanitation
Dittrib
Olverslon Permit, r6ferJ6TaJsk1,2(n),
x
Vf
I '
SWRCBA6`.,01-079-550�2
Page 4 of ff
EXHIBIT A-,I"- WORK TO BETERFORMED
Task 'Del 21 -�-Prellminary Ca .2 PrellmIna
_iverabliss' m0ilon Avenue Diversion, Deslgns;�2'
NewporVDunes Diversion Deslarir 2.3 —Preliminary Catch-Basin. Combo Circulation
Improvement Studlesand PH act Plan: 2.5 —Preliminary Water 'Quality tv Tre ment
Wetland/Detentlo RFP'
Task 3: Permits and CEQA Documents,
3.1, The Project - Director willprepare applicable California Environmental Quality Act (CEQA)
document associated with ' -the,LProject (found,to be exempt uhderr one,or more categorical L
exemptions) and record with the Orange,County Clerk-Recorder's office.
31 The LProjeclblrector wlll'secure all required permits for project work. No;work that Is subject to C.
- m
- permitting shell proceed under IthiscQntract until documents that, satisfy the , Permitting
processes) are received by-the Contract M_ anager. Permits may,,Include (if deemed to be
applicable, by permitting agencies);
a. US � r lEnginears Sedtion,404 Permit:
Where of,the,Projec
would
eqlr a dredging
filling of w6tlands?waters of the UnIted'States,the contractorwill
secure a Corps Section 404 Permit.
b� US Fish and WIldlife3sectlon 7 Permit, If any p�o�of�the�Rrojectwould,resultin an impact
an ' y,federally listed',speGials species, the contractor will prepare a requestfor
consultation under Section 7 of the es, Species Act, -with the,US Fish and Wildlife
ZeNice (US.F&WS).
G. Water Quality Control Board, Santa Ana Reason. Section 401 Permit. If,
California
staff tobe applicable,, the contractor will ,prepareand , submIt-e
request for a �walver'unde�!Sectlon,401'of,the Clean Water Act. � A186,,if applicable,,
prepare and submits ,Notice of 14aPXC
:6lion.
strue ActMtV (NOCA)to conduct work
under the City's NPPES,Genera"r-ongiF,,iGtIan7Aetlylt storm,water permit 'Prepare and
submit any applicable storm water p�ollutlon prevention-plan associated with,the latter
permit.
d. Callfornla Department of Fish and ',Gama Str6ambed Alteration Agreement. If found to be
applicable, prepare andsubmit a,90eambed Nteration Agree'rn6ht.'_
41
a. California Coastal Commission Coastal.Development Perm If found10 be
applicable,
after receiving ,an "approval In doncept'(AIC) from `the City of'Newport. Beach, prepare and
submit application for a'Coastall!Development"Permit.
fian-Wjo Af 0 Anne N
SWIFRFal iq64ean ERGFeashmentPe Gtan�n
_f. CICv of Newport BeachAnproval In Concept (AlCiYand Encroachment Permit. If found to
be repare and Lsubmit request for an AIC (sewabove) and an Encroachment
Permit from, the City of NdwporC13,each for any construction activity on publicly=owned land
or rlghtmof4ay.
g. Orange County Sanitation District (bCSD) Diversion Permit and Agreement. Any
proposal",to,divert dry-Weather flows into the Orange County Sanitation District's ireatment
facilities or collection system requires aDiverslon�'Permlt and an Agreement to Divert Dry
Weathef, Flows.
Newport -Seach Prolect'.ExecutionGuideline% -
VWU41IIV11 \U ,gvllml,YVyVI. I F/IUII Qp'J'IVUPJM1.QNUI IQ I QIIU 1u.Im GUal.o,ul l IG40; IVI. u7a r rVjamJ-04
(Circulation' Improvement Study, the Carnation Avenue Diversion- Prolect, the Water
Lluality WetlandlDetentlon Basin ProladL and theaStorm Draln "`Monitorina'Prolectl in
accordance with City of Newport Beach standards. } aaolisabia- pFajest-wilkseflslet
feataFes4e6GNbed4n4he- RFedes{8a- TeGhAisalMemeFanA "
jN Let the Contract for bid'per the City'sjstandards:
4- 64_8Assistance with Bidding/Recommendation to Clty CauncianP addenda is the City
e y .
preparing. .a staff greport with recommendat onto the Ci preparing on the award of thecP and
assistance to e
during, the blddin ,p rlod to answer questions; roject. `
- Council' reports shall be prepared for the prolects Identiflecl In Task 4l.
Task,Deliverables 4.1 - Tsnfatfv e S nal
Constructlon Documents:- Carnation Avenue - Diversion 4.2 —Field S FekGgy
PFedustc final Documents - Newport Dunes Diversion: 4:3 —RFe desl@FTsspalea MeFaera ---- --
{Ifapp!!Ga )F)nel'Catch Basin Combos Locations and Literature;, . Frt(a}
4.5 Gownell EA6# PlepeOt7lFlnal Construction - Water'Quallty WetlandlDeten'tlon
Basin; 4.7 Contract Document(s); 4.8- Councll "Staff Reports
Task s: Project ConstructionlProject 'Implementation
° °5.1 •Gltyteugrll will -661 . ' T sing lawast Faso Ffsible W dw44'9
- ' - IIBifeG6li@fiFlai _ _
seRtfas6Construct the Carnation Avenue Diversion in accordance with the.flnal._
construct In Task 4A
5.2 Construct,the Newport Dunas, Diversion in accordance with the 41nal documents
prepared 4n'Task 4,2:' _.
5.83 Ger+lastsFaadleF City_st� IeFFteniJseRSlwc t,St8FFn dFain tG saweF diveFalGns and 6ateh`
basin eambes. T e4a4lewIna 1-6 the rARAfFl Milan
the seats
SF. . .: -.
will final ng of the senstwetiew,
- "t✓•Pg- and -G
„ - -
Qns allatien of f.816h-beEiR eeFFlh66 ; '
s
Catch Basin °'Combos ,;installat'on - City staff shall Install the debrls.screens on the front,
face of the catch 6a'sin. Thetlltar Manufacturer shall (retail thetllterlsl In the -catch
basin. Deliverables shall Include photo - documentation.
6,� §.AGGAtFaGtGF4fGF4;JFGU Meh P'l lefnent study mtli sna g
Rem IgGeeWlsate --- ew and, FReF:9Wr@p4a%- -
sGeeFdltla - ataand
44MAdel eltematives.in etheF GFIllsal Bay slies, where eppFepFiat
_
City of Newport Beach
SWRCB No, 01- 079 - 550 -2
Page 7 of 11
EXHIBIT A -1 WO RK TO BE PERFORMED'
Circulation Improvement' Studies and PIIot.Prolect_Plan — •Rrepare final report based on -
the approved Prelim] nar design.
5.5 Water Quality WetlandslDetentlon Basin Construction — Construct WetlandlDetentlon
"Basin In accordance with the Final Construction documents prepared In Task C5.'_ ;
s
5A Storrn Drain Monitorina Program Prepare final report based on the approved'
preliminaiv`deslan.
Task Dellverabless. 5.1'= ESeseted- 6sRtrast{s }As -built drawl'nas9of Carnation:Avenue Diversion
and photo documentaklon; 5;2 —RheC est and as Balk drawl%&i- oto
documentation • Newport Dunes Diversion: 5.3 - Eernplete�Anai Filet,._
ierrStu$y; Photordocumentatlon -Catch Basin protect; 6A inal
' Report Clrculatlon°Improvement Protect 5 5'As'bulihdrawings of Water Quality Treatment
WetlandlDetentlon Basin and photo documentation• 5 8 Final Report Storm'Draln
Monitorina Program.
_ o
Task 6:- iQuality Assurance Protect Flap (QAPP)
6.1 Contractor-wl.11' prepare and malntaln a Quality Assurance Project Plan (QAPP). The existing
approved QAPP shall be modified to Incorporate monitoring for the Water QuailN, _
Treatment Wetland/Detention Basin. Language can'be substituted to reference an
approved exlMing QAPP, The QAPP shall lie approved) by the SWRCB QAPP officer prior to
the implementation of any.sampling or monitoring activitles__
} Task-Dellverable: '6 Approved Revised, QAPP
g p, rung Plan and Draft and Finai`Renort. }
o, -
Task 7: Monitoring _
and Re
s7.1 Contractor will prepare (and submit to the SWRCB for the Contract Maneger's approval) a
ev sed Monl of with Water Code ;79148.8(4). The
-plan te hall add ess thefollowing,, ll nform atio RP) consists, §
water quality baseline an&4uality
., of the environment to be addressed
• A- Describe the wat, q , y -
• ;Identification of one or mor0likely sources „of non -point source pollution In the Newport.
Bay, with;addltlonal 4pecificlty as to sources near, is Carnation
Avenue Storm Drain. Arches interchange and `Newport Du g. goon;,
nes swlmmlp le
.° A °summary of the expected water quality benefits and the Implementation rriethogs of tha
catch basin cornbos, diversions, and alrcuiaHenlaeraEierrdevleee wetlandldetentlon basin.
- • •` 'Measurement of the effectiveness (pre -,and post - Project) of the Project's eornponents in _ = i
p .. Newport Bay3and, where appllcable,
•
Describe 'the manner In which the prolecf'wlll b x I
reventing or retlucing water q ality impairments In
Newport, es f
e effective In preventing or reduelna 1
milutlon and'in demonstraNna the desired environmental results.
• Describe the monitoring program 'Including but =not limited to the methodology and` -`-
the freguencv and- duratlo-hof monitorina. r ,
0
EXHIBIT A -1 — WORK TO BE PERFORMED
C. SCHEDULE OF COMPLETION DATES
0
City of Newport Beach
SWRCB No. 01- 079 -550 -2
Page 9 of 11
Task
Subtask I
Deliverable
Completion Date
1 Project Management and Administration
12
Quarterly Progress Reports
March
20021 uaterl
1.5
Contract Summary Form
March; 2002
1.6
Subcontractor Documentation
June 2005
1.7
Expenditure/Involce Projections
July 2002 /semi-
annually
thereafter
1.8
Project Survey Form
August 46, 2904
March 2006
2 Prelimina Design
2.1
Preliminary Carnation Avenue Diversion Designs
Se 2004
2-;-o
24-G
Bever- Br4veFR6#
d
2.2
Preliminary Newport Dunes Diversion Design
Fab 2002
2.2 .3
Preliminary Catch Basin Combo Designs
Mar 2002
232,_4
Circulation Improvement Studies and Pilot Project
Plan
March 2003
2.5
Preliminary Water Quality Wetland /Detention
BasinDesi n
Sep 2004
2.6
Storm Drain Monitorin RFP
ApZ2004
3 Permits and CEQA Documents
3.1
December;
2001 /March
2004
CEQA Documentation
3.2
Applicable Permits
Jan 2005
3:2
GGT&4G441eFMit
MaFS14-2803
32
March -22803
34
Re@wenal Beapd SenfinR 404 PAPmut
MafsM -2893
34
GQUAtY Of QF8R9e EROF08611PRORt POFFRR
Mafsh-2803
3-2
Gity NewpeFt 13eaGh AIG ERGF0aGhFnAAt PARFA
Marsh 2803
of and
3
3;?
34
QGSD DFV8F6i9R PeFFNUDiveFsieR AgFeement
June4883
4 Final Project
En ineerin
4.1
Final Construction Documents — Carnation
M^2882
Nov 2004
Avenue Diversion
4.2
HydFology and GtheF SuFveys
Final Documents — Newport Dunes Diversion
May 2883
Mav 2002
4.3
Final Catch Basin Combos Locations and
Literature
May 29021
Dec 2003
4.5
Final Construction Documents —Water Quality
Wetland /Detention Basin
Nov 2004
EXHIBIT A -1 — WORK TO BE PERFORMED
City of Newport Beach
SWRCB No. 01 -079 -550 -2
Page 10 of 11
Task
Subtask
Deliverable
Completion Date
4-.".7
Contract Documents
June 2003
Feb 2005
4-.".8
GAy- Council Staff Reports
June 2003
Feb 2005
5a Project Construction /Project Implementation
5a
5_1
Fsh2002
Jun 2005
T ^BAs -built drawinas of Carnation Avenue
Diversion and Photo documentation
5.2
Photo Documentation — Newport Dunes Diversion
Aua 2002
6a4
5.3
Photo Documentation — Catch Basin Protect
iLiRee, 220002
Dec 2003
6a4
5.4
Completed Analysis GiFOUlatiOn Stud ler fAAFAtiGR Pil
44 arsh 2003
Aun 2003
Gf
TestFinal Re ort — Circulation Im rovement Project
6"
5.5
(Gateh
As -built drawinas of Water Quality Treatment
Wetland /Detention Basin and photo documentation
iva..2002 APA
2893Jun 2005
5.6
Final Re ort —Storm Drain Monitorin Pro ram
Oct2004
bb-.4
5b4..a
6bA.6
5b4�G
BeveF4BFIveA2GH
St�B
51)2
Juae; -2003
51314
5b4
du4y2$03 AI
2004
6 Quality Assurance Project Plan
6.1
Approved Revised QAPP
July, 2
Sea 2004
7 Monitorin
and Reporting Plan and Draft and Final Report
7.1
Approved Revised Monitoring and Reporting Plan
July, 2892
SeD 2004
7.2
Draft Final Report
ApFil 2884
Feb 2006
7.3
Final Report
June -2804
Mar 2006
D. REPORTS
The Project Representative shall submit a quarterly progress report to the SW RCB Project
Representative 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. The description of activities and accomplishments of each task
during the quarter shall contain sufficient detail to provide a basis for payment of invoices and
shall be translated into percent of task work completed for the purpose of calculating invoice
amounts.
City of Newport Beach
SWRCB No. 01 -079 -550 -2
Page 11 of 11
EXHIBIT A -1 — WORK TO BE PERFORMED
2. The invoice shall include a copy of the progress report. If the progress report does not
accompany the invoice, the invoice shall not be deemed complete until a copy of the progress
report is received.
3. The Project Representative shall submit to the SWRCB Project Representative one (1],
reproducible master and two (2) copies of a draft report describing the work performed pursuant
to Section B of this Exhibit for review and comment.
4. The SWRCB Project Representative shall submit final comments on the draft report to the
Project Representative.
5. The Project Representative shall submit to the SWRCB Project Representative for approval
one llreproducible master and two (2) copies of the final report containing the results of the
work performed and addressing the comments submitted to the Project Representative by the
SWRCB Project Representative. The report shall not be considered final until accepted and
approved by the SWRCB Project Representative.
E. SPECIAL MITIGATION MEASURES
[X] No special mitigation measures are attached to this grant. or
[ ] Special mitigation measures that must be complied with are as follows:
City of Newport ; Beach
SWRCB No. 01 -079- 550 -2 _
Page 1,of 5 -
EXHIBIT B
BUDGET DETAIL AND PAYMENT I?ROVISIONS
1. INVOICING AND PAYMENT
For services satisfactorily rendered,'and upon receipt -and approval of the Invoices the State agrees to
compensate the Contractor for actual expend ltures, incurred in,accordance with=the rates specified
herein, which is attached hereto and matle.,a part of this Agreement:_ A. Invoices shall include the Agreement Number and shall be,submltfed In triplicate not more'_
frequently than quarterly in �rrears to;
Laura L. Peters Y
Stale Water Resources Control Board
Division of Flnanclal.Assi stance
, -
10011 Street 16 Floor
Sacramento CA 95814 j
B. Payments will be on a cast incurred basis, upon receipt of an undisputed invoice and completed I
"Request for Disbursement'%,SWRCB'Form 262 submitted in accordance with thednstructions - -
contained herein. Invoices �eceived by the SWRCB Project Representative thatare,not
consistent with this format will be `cause for an ',lhvc,ice to be disputedt In the event of an,invoice
dispute the SWRCB Project Representative shall notify Contractor by initiating a Standard
Form 209 INVOICE DISPUTE NOTIFICATION. Payment will not be made until the dispute has",.
been resolved and a corrected invoice submitted TherSWRCB�Prolect Representative Is
required to approve all invoices for reimbursement. Only invoices forcosts Incurred after July 1 i
2001, with all appropriate backup'documents (supporting Item¢ed invoice) attached; Will lie' i
approved.
The invoices shall include tlhe following information
a. The word "Invoice" sho I Id appear in a prominent location at the top,of the page(s) and,
include a sequential number.
b. Printed name of the Contfactor.
c. Business address of the Contractor, Including P O. Box, City State, and 2lp Code;
d. "Bill To" is SWRCB;
e. The date of the invoice;
I. The contract number u on which the Claim;i's based;
g. An itemized account of the services bytask'for which the SWRCB is being bille-
h. Include an itemized account of "'In kind "'grant match or dollar" "grant match - including what
i
percent the match represents of'(he. total grant match obligation; and
I. Printed on Original Contractor Letterhead or original signature by the Contractor's,-
Administrative Officer oIt dies ign -ee,- ADd _
j. The invoice must show the time'period actualiyteing billed. Quarterly Involces must be
based on the calendar quartor (ending 16 March, Jurie September, and December); -
City of Newport Beach
SWRCB No. 01- 079 -550 -2
Page 2 of 5
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
C. Computing the Amount Due
Payment will be made upon submittal of an invoice which details the percentage of each task
completed based on work not dollars spent. Notwithstanding any other provision of this contract,
the Contractor agrees that the SWRCB may retain an amount equal to ten percent of the grant
amount specified in this contract until completion of the Project to the satisfaction of the Division.
Any retained amounts due to the Contractor will be promptly disbursed to the Contractor, without
interest, upon completion of the Project.
D. Matching Funds
If projects include capital costs, the Contractor shall identify those costs. The
local matching contribution required by subdivision (f) of Section 79148.8. of the Water Code may
be satisfied by in -kind match that meets all or a portion of local cost share required by
subdivision (f) of Section 79148.8 of the Water Code. For the purposes of determining the capital
cost of the Project, the in -kind match shall be included in the total project cost. The °Contractor'
shall provide a matching contribution for the portion of the project consisting of capital
expenditures for construction, according to the following formula:
Project Capital Cost = Capital Cost Match by Recipient
$1,000,000 to $5,000,000, inclusive = 20%
$125,000 to $999,999, inclusive = 15%
$1 to $124,999, inclusive = 10%
E. Final Invoice
The final invoice should include the amount of the remainder of the contract work. The invoice
must be clearly marked FINAL INVOICE.
F. Backup Documents
It is necessary to provide monthly /quarterly reports, task products due, and vendor invoices for
the purchase of equipment (items over $5,000) as attachments to the invoices. You must,
however, keep copies of all vendor invoices, timesheets, and any other documents related to the
project for future audit purposes.
G. Payment of Project Costs
Contractor agrees that it shall provide for payment of its full share of the Project costs. All costs
and payments for the Project shall be paid by the Contractor promptly and in compliance with all
applicable laws.
H. Withholding of Grant Disbursements
The SWRCB may withhold all or any portion of the grant funds provided for by this contract in the
event that:
(1) The Contractor has materially violated, or threatens to materially violate, any term,
provision, condition, or commitment of this contract;
(2) The Contractor fails to maintain reasonable progress toward completion of the Project.
0 0
City of Newport Beach
SWRCB No. 01 -079 -550 -2
Page 3 of 5
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
I. Fiscal Management Systems and Accounting Standards
The Contractor shall comply with state standards for financial management systems. At a
minimum, the Contractor's fiscal control and accounting procedures shall permit preparation of
reports required by the state and tracking of grant funds to a level of expenditure adequate to
establish that such funds have not been used in violation of state law or the terms of this contract.
The Contractor shall maintain separate Project accounts in accordance with generally accepted
government accounting standards.
J. Audit Disallowances
The Contractor agrees it shall return any audit disallowances to the SWRCB.
2. LIMITATION OF FUNDING
The maximum amount to be encumbered under this agreement for the 2001 fiscal year ending
June 30, 2002 shall not exceed $500,000.
3. BUDGET CONTINGENCY CLAUSE
A. It is mutually agreed that if the Budget Act of 2001/02 andlor any subsequent years covered
under this Agreement does not appropriate sufficient funds for the program, this Agreement shall
be of no further force and effect. In this event, the State shall have no liability to pay any funds
whatsoever to Contractor or to furnish any other considerations under this Agreement and the
Contractor shall not be obligated to perform any provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act 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 agreement amendment to Contractor to reflect the reduced amount.
0
EXHIBIT B - BUDGET DETAIL AND PAYMENT PROVISIONS
4. BUDGET
A. Task Budget
0
City of Newport Beach
SWRCB No. 01 -079 -550 -2
Page 4 of 5
Task
Description
CBI
Phase 1
CBI
Phase 2
City
Match
Project
Total
1
Project Management &-and
Administration
$0
$7,,000
2,000
$28;000
$33,000
$27,,000
$35,000
2
Preliminary Design
$44,000
$10,000
$0
$3,000
$54;080
$57,000
3 1
Permits and CEQA Documents 1
$2,000 1
$2,000 1
$0
$4,000
4
Final Project Engineering
- Circulation Study
$20,000
0
$0
$20,000
- Catch Basin Combos
$0
$1,000
$0
$1,000
- Carnation Avenue Diversion
$0
$5,090
10 000
$0
$5,000
$10,000
- Arches Biwersiea Wetland /Detention
Basin
$0
$5,080
$15,000
$0
$5,()00
15 000
$0
$5;980
$0
$5;000
$0
$5889
$8
$5;008
Subtotal Task 4
$20,000
$21;000
$26,000
$0
$44,000
$46,000
5
Project Construction /Implementation
- Catch Basin Combos
$130,000
LO
$46,009
_120.000
$176,808
$150,000
- Newport Dunes Diversions
$3,000
$0
$0
$3,000
- Carnation Avenue Diversion
$0
$69,808
140,000
$5,000
15,000
155
$65;;000
- Arches- BivemienWetiand /Detention
Basin
$0
$60,080
$115,000
$5,808
$15,000
$66
130
$0
$60;000
$5,000
$65$0
$75:900
$5,908
$80
Subtotal Task 5
$133,000
$255,000
$66;888
50 000
$454,008
438.000
6
QAPP
$1,000
$1,000
$0
$2,000
7
Monitoring and Reporting Plan
$0
$0
$1,000
$1,000
Draft and Final Reports
$0
$4,000
$1,000
$5,000
11
1 TOTAL
$200,000
$300,000
$88,000
$588,000
Ll
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
B. Line Item Budget
0
City of Newport Beach
SWRCB No. 01 -079 -550 -2
Page 5 of 5
Task
Description
CBI
CBI
City
Project
Phase 1
Phase 2
Match
Total
1
City Personnel Services (x:14
$43;000
$23,008
$35,000
includes 30% benefits )
$$2,000
33 000
- -HeuFs Assistant Cif
-44
83
$7,080
Manage Project Director (160 hrs
$55 /hr
68
432
$7-,088
Water Quality Specialist 348.5
hrs 0 $35 /hr
H auFs �r— Principle Civil
444
2:�6
$24,000
Engineer 280 hrs $50 1hr
2
Operating Expenses
$2,000
$2,000
$0
$4,000
— Includes Permit Fees, Runoff
Plan Printing
3
Construction/Implementation
-- Includes construction
$133,000
$255,000
$65,000
$60,000
$463,990
$438,00
management, contingency, and
installation
4
Consultant Services
For preliminary and final
$65,000
$34,900
$41,000
$0
JIM
$86;008
$111,000
engineering and studies
TOTAL
$200,000
$300,000
$88,000
$588,000
i
SWRCB 6EII-CLEAN BEACHES SPECIAL CONDITIONS
C�
City of Newport Beach
SWRCB No. 01- 079 -550 -2
Page 1 of 5
BONDTERMS
(A) Work performed under this contract shall protect the beneficial uses of the coastal waters
throughout the State.
(B) . The Project has been the subject of consultation between the SWRCB, the California Coastal
Commission, and the Beach Water Quality Task Force.
(C) The Project demonstrates the ability to produce sustained benefits for 20 years.
(D) The Project addresses the causes for the pollution, rather than the symptoms.
(E) The Project shall be consistent with existing water quality and resources protection plans.
(F) The Contractor has submitted a Monitoring and Reporting Plan.
(G) The Contractor has included a matching contribution for the capital expenditures for
construction.
(H) The Contractor has informed the SWRCB of the permits necessary to complete the Project.
(1) The Project is consistent with recovery plans for coho salmon, steelhead, or trout.
(J) The Project has been the subject of public review.
2. DEFINITIONS
(A) "Allowance" means an amount based on a percentage of the accepted bid for an eligible
project to help defray the planning, design, construction, engineering, and administration
costs of the Project.
(B) "Project Representative" means the Mayor of a City, the Chairperson of the County Board of
Supervisors, the Chairperson of the Board of Directors of the Contractor, or another duly
appointed representative. For all Project Representatives, a certified original copy of the
authorizing resolution that designates the Project Representative by title, shall accompany
any contract, the first payment request, and any other documents or requests required or
allowed under this contract.
(C) "Change in the scope of the Project' means any change from the Project description in the
Project Authorization Package.
(D) "Completion of construction" means the date, as determined by the Division after consultation
with the Contractor, that the work of building and erection of the Project is substantially
complete.
(E) "Contractor" means the City of Newport Beach.
(F) "Force account" means the Contractor's own employees or equipment used for Project
construction.
0 0
City of Newport Beach
SWRCB No. 01 -079 -550 -2
Page 2 of 5
EXHIBIT E — SWRCB CLEAN BEACHES SPECIAL CONDITIONS
(G) "Initiation of construction" means the date that notice to proceed with work is issued for the
Project or, if notice to proceed is not required,_ the date of commencement of building and
erection of the Project.
(H) "Project completion" means the date, as determined by the Division after consultation with the
Contractor, that operation of the Project is or is capable of being initiated, whichever comes
first.
(1) "SWRCB" means the State Water Resources Control Board.
(J) "Useful life of project' means 20 years from and after Project completion.
3. GENERAL COMMITMENTS
The Contractor accepts and agrees to comply with all terms, provisions, conditions, and
commitments of this contract, including all incorporated documents, and to fulfill all assurances,
declarations, representations, and commitments made by the Contractor in its application,
accompanying documents, and communications filed in support of its request for this Grant.
4. COMPLETION OF PROJECT
The Contractor agrees to expeditiously.proceed with and complete the Project in substantial
accordance with the application as submitted.
5. CONTINUING OBLIGATIONS
The obligations of Sections 6, 7 and 8 below shall survive the Term of this Contract.
6. OPERATION AND MAINTENANCE
The Contractor covenants and agrees to property staff, operate, and maintain all portions of the Project
during the Projects useful life and in accordance with all applicable state and federal laws, rules and
regulations. In the event that the Contractor assigns or transfers any or all portions of the Project to
another entity, the Contractor shall be responsible to ensure that the assignee or transferee of any or
all portions of the Project shall properly staff, operate and maintain all portions of the Project during its
useful life and in compliance with all applicable state and federal laws, rules and regulations. The
Parties to this Agreement understand and agree that this covenant shall survive the expiration or
termination of this Agreement. The Parties further understand and agree that this covenant is for the
benefit of the SWRCB and shall be enforceable during the useful life of the Project facilities.
Failure at any time to comply with this Section shall be considered a material breach and violation of
this Agreement, and a nonexclusive remedy shall include reimbursement by the Contractor of all grant
funds disbursed under this Agreement, plus accrued prejudgment interest thereon from the date of
disbursement of such funds.
PROJECT ACCESS
The Contractor shall insure that the SWRCB, or any Project Representative thereof, has suitable
and reasonable access to the Project site at all reasonable times for the useful life of the Project.
• i
City of Newport Beach
SWRCB No. 01- 079 -550 -2
Page 3 of 5
EXHIBIT E — SWRCB CLEAN BEACHES SPECIAL CONDITIONS
B. REPORTS
The Contractor shall expeditiously provide, during construction or upon completion of the Project
and thereafter during the useful life of the Project, such reports, data, and information as may be
reasonably required by the Division, including but not limited to material necessary or appropriate
for evaluation of the SWRCB program or to fulfill any reporting requirements of the state
government.
9. FINAL PROJECT REPORTS; AUDIT
(A) Within 120 days after Project completion, the Contractor shall provide to the Division a final
cost summary report on the Project. The summary shall include, at a minimum, a statement
Of..
(1) Total Project costs;
(2) Total Project costs eligible for contract funding under the SW RCB's contract program
and this contract;
(3) The total amount of contract funds received;
(4) The amount of interest earned, if any, on contract funds before disbursement on
account of incurred Project costs. If no interest has been earned, this fact shall be
expressly stated; and
(B) The Division may call for an audit of financial information relative to the Project, where the
Division determines that an audit is desirable to assure program integrity or where necessary
because of federal requirements. Such an audit shall be performed by a Certified Public
Accountant independent of the Contractor and at the cost of the Contractor. The audit shall
be in the form required by the Division.
10. RECORDS
(A) Without limitation of the requirement to maintain Project accounts in accordance with
generally accepted government accounting standards, the Contractor agrees to:
(1) Establish an official Project file that documents all significant actions relative to the
Project;
(2) Establish separate accounts that adequately and accurately depict all amounts
received and expended on the Project, including all contract funds received under this
contract;
(3) Establish separate accounts that depict all income received which is attributable to the
Project, specifically including any income attributable to contract funds disbursed under
this contract;
(4) Establish an accounting system that accurately depicts final total costs of the Project,
including both direct and indirect costs;
(5) Establish such accounts and maintain such records as necessary for the State to fulfill
reporting requirements, including any and all reporting requirements under federal tax
statutes or regulations; and
r 0
City of Newport Beach
SWRCB No. 01- 079 -550 -2
Page 4 of 5
EXHIBIT E —SWRCB CLEAN BEACHES SPECIAL CONDITIONS
(6) If the Contractor uses its force account for any phase of the Project, other than for
planning, design and construction engineering, and administration provided for by
allowance, the Contractor shall establish accounts which reasonably document all
employee hours charged to the Project and the associated tasks performed by each
employee. Indirect force account costs may be paid with the SW RCB's prior written
approval.
(B) The Contractor shall maintain books,
records, and other material relative to the Project in accordance with generally accepted
accounting standards. The Contractor shall also
retain such books, records, and other material for each subcontractor
who performed work on the oroiect for minimum of thirty-six Q§Lyears after PFejeet
sernpleiien the last disbursement. The Contractor shall require that such books, records,
and other material shall be subject at all reasonable times to inspection, copying, and audit
by the SWRCB and by state auditors, or any Project Representatives thereof.
(C) The Contractor shall retain its Project records for a minimum of the -six 12§Lyears after
Pfejest-sempletiea -the last disbursement, and for such longer period as may be required for
the State to fulfill federal reporting requirements under federal tax statutes and regulations.
All Contractor records relative to the Project shall be subject at all reasonable times to
inspection, copying and audit by the SWRCB and state auditors, or any Project
Representatives thereof.
(D) All documents required or requested shall be in electronic format.
(E) The Contractor agrees to expeditiously provide, during work on the project and for thsix
years after the last disbursement, such reports, data, information and
certifications as may be reasonably required. Such documents and information shall be
provided in electronic format.
11. STATE REVIEWS AND INDEMNIFICATION
The parties agree that review or approval of Project plans and specifications by the SWRCB is for
administrative purposes only and does not relieve the Contractor of its responsibility to properly
plan, design, construct, operate, and maintain the Project. As between the SWRCB and the
Contractor, the Contractor agrees that it has sole responsibility for proper planning, design,
construction, operation, and maintenance of the Project, and the Contractor agrees to indemnify the
SWRCB, the State of California and their officers, agents, and employees against and to hold the
same free and harmless from any and all claims, demands, damages, losses, costs, expenses, or
liability due or incident to planning, design, construction, operation, or maintenance of the Project.
12. SWRCB ACTION: COSTS AND ATTORNEY FEES
Any remedy provided in this contract is in addition to and not in derogation of any other legal or
equitable remedy available to the SWRCB as a result of breach of this contract by the Contractor,
whether such breach occurs before or after completion of the Project. The SW RCB's exercise of
any remedy provided by this contract shall not preclude the SWRCB from pursuing any legal
remedy or right otherwise available. In the event of litigation between the parties hereto arising
from this contract, the prevailing party shall be entitled to such reasonable costs and/or attorney
fees as may be ordered by the court entertaining such litigation.
0 0
City of Newport Beach
SWRCB No. 01- 079 -550 -2
Page 5 of 5
EXHIBIT E — SWRCB CLEAN BEACHES SPECIAL CONDITIONS
13. COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor agrees that it shall, at all times, comply with and require its contractors and
subcontractors to comply with all applicable federal and state laws, rules, regulations and
guidelines. The Contractor shall comply with, implement, and fulfill all environmental mitigation
measures applicable to the Project, and which may otherwise be required by this Contract, "CEQA ",
and the State CEQA Guidelines.
14. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS
If any breach of any of the provisions of this contract by the Contractor will result in the loss of tax
exempt status for any State bonds, or if such breach will result in an obligation on the part of the
State to reimburse the federal government for any arbitrage profits, the Contractor shall
immediately reimburse the State in an amount equal to any damages paid by or loss incurred by
the State due to such breach.
15: CONSTRUCTION ACTIVITIES and NOTIFICATIONS
For construction projects, the Contractor shall promptly notify the SWRCB in writing of:
(1) Any substantial change in scope of the Project. No substantial change in Project scope may
be undertaken until the Contractor provides written notice of the proposed change to the
SWRCB and the SWRCB gives written approval for such change;
(2) Unscheduled cessation of all major construction work on the Project where such cessation of
work is expected to or does extend for a period of 30 days or more;
(3) Any circumstance, combination of circumstances, or condition, which is expected to or does
delay completion of construction for a period of 90 days or more beyond the estimated date
of completion of construction previously provided to the SWRCB;
(4) Completion of construction of the Project.
16. PREVAILING WAGES AND LABOR COMPLIANCE
wave provisions of State Labor Code Section 1771 are being met. The Contractor agrees to
fulfill its responsibilities under Section 1771.8 of the Labor Code, where applicable.
STAtEOFCADFORNIA
STANDARD AGREEMENT AME ENT
STD. 213 A (Rev 9101)
® CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 14
Pages
0
State Water Resources Control Board
CONTRACTOR'S NAME
City of Newport Beach
2. The term of this
Agreement is July 1 2001 through November 30 2004
3. The maximum amount of this $500,000.00
Agreement after this amendment is: Five hundred 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 # 01- 079 -550 -0 originally made and entered into on July 1, 2001 is hereby amended on
December 17, 2002 in the following particulars and no others:
Std. 213 Item 3, "The maximum amount of this Agreement" is amended by deleting reference of $200,000 there
from and inserting $500,000 in place thereof (a $300,000 increase).
Exhibit A - Scope of Work, is hereby amended to read as follows: (deletions are indicated by strikethrough,
revisions are bold and underlined). 1 page attached
Exhibit A -1 - Work to be Performed, is hereby amended to read as follows: (deletions are indicated by
strikethrough, revisions are bold and underlined). 8 pages attached
Exhibit B - Budget Detail and Payment Provisions, is hereby amended to read as follows: (deletions are indicated
by strikethrough, revisions are bold and underlined). 5 pages attached
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
Use Only
CONTRACTOR'S NAME (If other than an individual, state whether a corporation. partnership, etc.) _ _� a
City of New Beach I���lWAIPINE yrJ
BY (AuNOnzetl atu DATE SIGNED (Do t type)
d `
PRINTED E D TI OF PERSON SI G
Steve �: o �.►��.t =r IJeA .. !F f3eacn� ADDRESS 3300 Newport Boulevard
New ort Beach CA 92658 -8915 STATE OF CALIFORNIA
AGENCY NAME
State ater R ources Control Board BY ( 'zed Signatu ) DATE SI ED o not type)
A5 D /`% u3
PRI TED NAME AND TITLE OF PERSON SIGNING ❑ Exempt per:
Bill Brown, Chief, Division of Administrative Services
10011 Street
Sacramento, CA 95814
• • City of Newport Beach
SWRCB No.: 01- 079 - 550-01
Page 1 of 1
EXHIBIT A
SCOPE OF WORK
1. Contractor agrees to provide to the State Water Resources Control Board (SWRCB) subvention
services as described herein:
2. The Contractor shall install twe up to six storm drain diversions, and perform a water circulation
study studies at Newport Dunes and Newport Island Channels, and shall install a eneivay
uaive and catch basin inlet screens and filters in the Chan A' Par wea watersheds of Newport
Bay in Newport Beach, in Orange County California.
3. The project representatives during the term of this agreement will be:
PROJECT REPRESENTATIVES
State Agency: State Water Resources Control Board
Contractor: City of Newport Beach
SWRCB Project Representative:
Christopher Stevens
Project Representative:
Tod W. Ridgeway, Mayor
Phone: 916 341 -5698
Phone: 949 644 -3000
Fax: (916)341-5707
Fax: 949 644 -3020
The SW RCB's Project Representative shall be Christopher Stevens of the Division of Clean Programs.
The SWRCB Project Representative 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 that could be performed by the SWRCB Project Representative under this
agreement. Except as otherwise expressly provided, all communications relative to this agreement shall
be given to the SWRCB Project Representative.
The Project Representative shall be Tod W. Ridgeway, Mayor, and his successor mayors. The Project
Representative shall be the Contractor's representative for the technical conduct and administration of the
agreement and shall have full authority to act on behalf of the Contractor. All communications given to the
Project Representative shall be binding as if given to the Contractor.
The parties may change their SWRCB Project Representative or Project Representative upon providing
written notice to the other party.
Direct all Inquiries to:
State Water Resources Control Board
Contractor's Name
City of Newport Beach
Division of Clean Water Programs
Section /Unit City Manager's Office
Attention: Laura L. Peters
Attention: Dave Kiff
Address: 1001 1 Street, 16 Floor
Sacramento, CA 95814
Address: 3300 Newport Boulevard,
Newport Beach 92658 -8915
Phone: 916 341 -5854
Phone: 949 6443002
Fax: (916)341-5707
Fax: 949 644 -3020
4. Detailed description of work to be performed and duties of all parties shall be provided in
accordance to Exhibit A -1 Work To Be Performed which is attached hereto and made part of this
agreement
0 City of Newport Beach
SWRCB No.: 01- 079 - 550-01
Page 1 of 7 8
EXHIBIT Art — WORK TO BE PERFORMED
A. BACKGROUND AND GOALS
Newport Bay is aR impaiFed wateF bGdy a water quality limited water body that is listed on the
federal Clean Water Act's Section 303(d) List for sediment, nutrients, fecal coliform, and toxics
Pollutants. As a result of weekly testing (AB 411) done by the Orange County Health Care Agency
at 35 different sites in Newport Bay and at twelve ocean sites (testing done by the Orange County
Sanitation Agency), Newport Beach and Newport Bay had beach postings covering more than 550
Beach Mile Days in 2001. Two swimming areas in the Bay accounted for more than 80% of the
postings, meaning that high bacteria levels in the waters impaired the public's ability to swim in and
enjoy these areas.
The intent of this project is to reduce bacteria inputs from onshore sources and to increase die -off
rates of on -water sources of bacteria so as to meet RECA standards in the Bay and along the
shoreline. At the completion of this Project, the City expects at least a 50% reduction in beach mile
day postings in 2002. It does so by:
Phase 1
Part 1. Installing up to 65 devices in catch basin inlets
T-ider=lex-j in the storm drain network draining into Newport Island's channels along with
Plugging the two remaining storm drains at Newport Dunes and diverting these flows
from the drains into the sanitary sewer ( "Dunes Diversions ");
Part 3. Studying, and if appropriate, installing devices on
a pilot basis to increase circulation and aeration in Newport Dunes and Newport Island, with
the potential of permanently installing these selected devices in a later phase, if shown to be
effective.
PHASE 2:
A. Desionina. constructina. and installina additional storm drain -to -sewer diversions at the
following areas:
• Harbor Patrol Beach (Carnation Avenue storm drain):
• Arches Interchange (Old Newport Boulevard storm drain):
• Dover Drive and PCH (Dover Drive storm drain):
• Santa Ana/Delhi Channel (Upper Newport Bay):
The Project will combine the resources of the Clean Beaches Initiative with the resources of the City
of Newport Beach (municipality with jurisdiction), the County of Orange's Health Care Agency (water
testing), and the County of Orange's Public Facilities and Resources Department (PF &RD)- trastees
of the Newpwt Dunes fidelands.
• • City of Newport Beach
SWRCB No.: 01- 079 - 550-61
Page 2 of 7 8
EXHIBIT A-1 — WORK TO BE PERFORMED
B. WORK TO BE PERFORMED
The purpose of this Contract is to plan, design, and implement the Newport Beach CBI Bay /Beach
Improvement Project. The Project includes these major components:
Design, install and operate:
Banes Stormdraln to Sanitary Sewer Diversions.
The Project will design,
construct, and implement up to six storm drain -to- sanitary sewer diversions in the
following locations:
• Newport Dunes (two small plug -and -pump diversions)
• Carnation Avenue (constructed gravity -based diversion)
• Arches Interchange (constructed gravity -based diversion)
• Dover Drive /PCH (constructed gravity -based diversionP
• Santa Ana/Delhi Channel (constructed diversion).
• Catch Basin Combos (combinations of a
screen outside a catch basin inlet and filters behind the screen). Includes installing up4o
at least-36 65 catch basin combos at catch basin inlets
OF 2 self-contained 66imp puFsp (pumping te a sewer line) GaR F8FReve ; and
• Circulation Pilot Test. Analyze, via field testing and modeling (using the'existing RMA model of
Newport Bay), the reduction in bacteria (if any) when devices that aerate and circulate bay water
are installed in Newport Dunes Swimming Lagoon and in the West Newport Channel.
The Contractor shall be responsible for the performance of the work as set forth herein below and for the
preparation of products and a final report as specified in this Exhibit. The Project Representative shall
promptly notify the SW RCB Project Representative of events or proposed changes that could affect the
scope, budget, or schedule of work performed under this agreement.
Task 1. Project Management and Administration
1.1 Provide all technical and administrative services as needed for contract completion; monitor,
supervise and review all work performed; and coordinate budgeting and scheduling to assure that
the contract is completed within budget, on schedule, and in accordance with approved
procedures, applicable laws, and regulations.
1.2 Ensure that the contract requirements are met through completion of quarterly status reports
submitted to the Contract Manager by the 10th of the month following the end of the calendar
quarter (March, June, September, and December) and through regular communication with the
Contract Manager. The progress reports shall describe activities undertaken and
accomplishments of each task during the quarter, milestones achieved, and any problems
encountered in the performance of the work under this contract. The description of activities and
accomplishments of each task during the quarter shall be in sufficient detail to provide a basis for
payment of invoices and shall be translated into percent of task work completed for the purpose of
calculating invoice amounts.
1.3 Disclosure Requirements - Include the following disclosure statement in any document, written
report, or brochure prepared in whole or in part pursuant to this contract:
`Funding for this project has been provided in full or in part through a contract with the
State Water Resources Control Board ( SWRCB) pursuant to the Costa- Machado Water
Act of 2000 (Proposition 13) and any amendments thereto for the implementation of
• 0 City of Newport Beach
SW RCB No.: 01- 079 - 550-01
Page 3 of 7 8
EXHIBIT A-1 — WORK TO BE PERFORMED
Califomia's Clean Beaches Initiative. The contents of this document do not necessarily
reflect the views and policies of the S WRCB, nor does mention of trade names or
commercial products constitute endorsement or recommendation for use."
The Contractor shall include in each of its subcontracts for work under this contract a provision
that incorporates the requirements stated within this subtask.
1.4 The Contractor and any of its subcontractors shall notify the Contract Manager at least ten (10)
working days prior to any public or media event publicizing the accomplishments and /or results of
this contract and provide the opportunity for attendance and participation by SW RCB
representatives.
1.5 Complete a one -page contract summary form (form to be provided by the SW RCB) within three
months of the contract execution.
1.6 Award subcontract(s) to appropriate organization(s) to perform tasks as outlined in this
agreement. Document steps taken in soliciting and awarding the subcontract and submit them to
the Contract Manager for review. Document all subcontractor activities in quarterly reports.
1.7 Every six months during the life of this contract, the Contractor shall develop and submit to their
assigned SW RCB Program Analyst expenditure /invoice projections to enable funding to be
available for payment of invoices.
1.8 At the completion of this project and prior to final payment, the Project Director shall fill out and
provide a project survey form to the Contract Manager.
Task Deliverables : 1.2 Quarterly Progress Reports, 1.5 Contract Summary Form, 1.6 Subcontractor
Documentation, 1.7 Expenditure /Invoice projections, 1.8 Project Survey Form
Task 2: Preliminary Design
2.1 Preliminary Diversion Design. The Project Director shall oversee the preliminary design of the
proposed diversions .
2.2 Preliminary Catch Basin Combo Designs. The Project Director shall
oversee the preliminary plans to place up to 30 at least 65 catch basin combos'Filet guards aad
thF8e One way fiaxvahmA in areas impacted by high bacteria counts, Including the West
Newport storm drain network iFiSl iding and the small watersheds that enter the Bay near
Channel Place Park. at -43w Stceet.
2.3 Circulation Improvement Studies and Pilot Project Plan. The Project Director shall oversee a
consultant's design of the Circulation Improvement Studies and Pilot Project Plan that would
show the types of devices proposed to be installed, the monitoring program post - installation, any
water quality modeling, and that would estimate effectiveness measures of the tested devices.
Task Deliverables : 2.1 -- Preliminary Diversion Designs; 2.2 — Preliminary Catch
Basin Combo Designs; and 2.3 -- Circulation Improvement Studies and Pilot Project Plan.
Task 3: Permits and CEQA Documents
3.1. The Project Director will prepare applicable California Environmental Quality Act (CEQA)
document associated with the Project (found to be exempt under one or more categorical
exemptions) and record with the Orange County Clerk- Recorder's office.
3.2. The Project Director will secure all required permits for project work. No work that is subject to
permitting shall proceed under this contract until documents that satisfy the permitting
• 0 City of Newport Beach
SWRCB No.: 01- 079 - 550-01
Page 4 of 7 8
EXHIBIT A-1 — WORK TO BE PERFORMED
process(es) are received by the Contract Manager. Permits may include (if deemed to be
applicable by permitting agencies):
a. US Army Corps of Engineers Section 404 Permit. Where any part of the Project would
require dredging and filling of wetiandsAvaters of the United States, the contractor will
secure a Corps Section 404 Permit.
b. US Fish and Wildlife Section 7 Permit. If any part of the Project would result in an impact
to any federally listed specials, the contractor will prepare a request for consultation under
Section 7 of the Endangered Species Act with the US Fish and Wildlife Service (US
F &WS).
c. California Regional Water Quality Control Board, Santa Ana Region. Section 401 Permit.
if determined by Board staff to be applicable, the contractor will prepare and submit a
request for a waiver under Section 401of the Clean Water Act. Also, if applicable,
prepare and submit a Notice of Intent to conduct work under the General Construction
Activity stormwater permit. Prepare and submit any applicable stormwater pollution
prevention plan associated with the latter permit.
d. California Department of Fish and Game Streambed Alteration Agreement. If found to be
applicable, prepare and submit a Streambed Alteration Agreement.
e. California Coastal Commission Coastal Development Permit. If found to be applicable,
after receiving an approval in concept" (A1C) from the City of Newport Beach, prepare
and submit application for a Coastal Development Permit.
f. County of Orange Encroachment Permit. Installation of any diversions devise in the
Newport Dunes Swimming Lagoon will likely require an.Encroachment Permit from the
County of Orange.
g. City of Newport Beach Approval in Concept (AIC) and Encroachment Permit. If found to
be applicable, prepare and submit a request for an AIC (see above) and an
Encroachment Permit from the City of Newport Beach for any construction activity on
publicly -owned land or right -of -way.
h. Orange County Sanitation District (OCSD) Diversion Permit and Agreement. Any
proposal to divert dry- weather flows into the Orange County Sanitation Districts treatment
facilities or collection system requires a Diversion Permit and an Agreement to Divert Dry
Weather Flows.
3.3 The Project Director will provide liaison with the above - listed agencies to answer questions,
coordinate field visits, secure permits, and incorporate any mitigation measures as outlined in the
permit conditions.
Task Deliverables: 3.1 CEQA Documentation; 3.2 Applicable Permits.
Task 4: Final Project Engineering
Contractor will oversee Final Project Engineering to prepare construction documents that will allow the
construction and implementation of Project components. Contractor will hire a consultant to prepare the
construction documents needed for the Project. Contractor shall cause the work to be done through
consultants on reports, drawings, and specifications necessary to prepare final construction documents
needed for the Project.
4.1 Project Review: Contractor or consultant(s) will review the existing preliminary design work for the
Project, conduct a kick -off meeting and present a tentative time schedule and agreed -upon scope
of work. The following tasks will be considered for the Project Review:
• Appropriate location, capacity (in gallons per minute), shut -off controls, and anti -debris grating
of the proposed diversions. aeaF Baaes3agses+;
• • City of Newport Beach
SWRCB No.: 01- 079 - 550-81
Page 5 of 8
EXHIBIT A-1 —WORK TO BE PERFORMED
• Appropriate locations, sizing, and maintenance schedule for the catch basin combos inlet
66treet-a-R 37 tFeet);
• Scope, duration, quality control, and water quality monitoring of Circulation Studies and Pilot
Test;
• A long -term maintenance plan for the diversions and catch basin combos West- Ne"ert
• Development of a concise public participation plan to ensure public comment and review of
the plans and designs and public acceptance for the Project goals.
4.2 Field Survey and Hydrology Review. Perform field survey work as required to complete the
design work. Hydrological and geotechnical services, if applicable, may include both field and
laboratory services and preparation of a final Survey report with design recommendations.
4.3 Preparation and Approval of Predesign Technical Memorandum. If applicable, Pprepare (and
approve) a pre - design technical memorandum to verify the project concept and direction. The
Memorandum may include any or all aspects of Part 4.1 (above).
4.4 Preparation of Contract Documents/Authorize Contract to be Let for Bid. Prepare contract
documents (construction plans, specifications, and final cost estimate) for the Project in
accordance with City of Newport Beach standards. If applicable. Pproject will consist of the
features described in the Predesign Technical Memorandum as approved by the Contract
Manager. Let the Contract for bid per the City s standards.
4.5 Assistance with Bidding/Recommendation to City Council. Provide assistance to the City during
the bidding period to answer questions, preparing any addenda to the Contract, and preparing a
staff report with recommendation to the City Council on the award of the Project.
Task Deliverables: 4.1 — Tentative Time Schedule and Tentative Scope of Work; 4.2 — Field Survey and
Hydrology Products; 4.3 — Pre - design Technical Memorandum (if applicable): 4.4 — Contract
Document(s); 4.5 — Council Staff Report
Task 5: Project Construction/Project Implementation
5.1 City Council will select a contractor for contractors) (using lowest responsible bidder) to
complete all or portions of the Project. The Mayor (authorized representative) will execute final
contract.
5.2 Contactor and /or City staff will implement/construct storm drain to sewer diversions and catch
basin combos. . The
following is a preliminary outline of the construction methods to be used by the contractor for
Project construction. Contractor will refine this process further after completion of Pre - design
Technical Memorandum. The Contractor or construction manager will finalize the timing and
sequencing of the construction:
• Grade and/or excavate diversion sites;
• Install diversions, including plugs, pumps, debris grating and shut -off mechanism (for shut -off
during wet weather events);
• Replacement of excavated soils;
• Installation of catch basin combos; valves and inlet guapd&';
5.3 Contractor (for Circulation Pilot Test) will implement study outline, including:
• Assist vendors with the installation of circulation device(s);
• Coordinate effectiveness review and monitoring plan;
• Coordinate analysis of water quality test data; and
• City of Newport Beach
SWRCB No.: 01- 079 - 550-01
Page 6 of 7 8
EXHIBIT A-1 —WORK TO BE PERFORMED
• Model alternatives in other critical Bay sites, where appropriate.
shannels):
Task Deliverables: 5.1 — Executed Contract(s); 5.2 — Photos from completed project and as -built
drawings; 5.3 — Completed Analysis, including summary of Pilot Test, of Circulation /Aeration
Study;
Task 6: Quality Assurance Project Plan (QAPP)
6.1 Contractor will prepare and maintain a Quality Assurance Project Plan (QAPP)
Language can be substituted to reference an approved
existing QAPP. The QAPP shall be approved by the SWRCB QAPP officer prior to the
implementation of any sampling or monitoring activities.
Task Deliverable: 6.1 Approved QAPP
TASK 7: MONITORING AND REPORTING PLAN
7.1 Contractor will prepare (and submit to the SWRCB for the Contract Manager's approval) a
Monitoring and Reporting Plan (MRP) consistent with Water Code § 79148.8(d). The plan shall
address the following information:
7.2
• A water quality baseline;
• Identification of one or more likely sources of non -point source pollution in the Newport Bay,
with additional specificity as to sources near Newport Island channels and Newport Dunes
swimming lagoon;
• A summary of the expected water quality benefits and the implementation methods of the
catch basin combos , diversions, and circulationlaeration devices.
• Measurement of the effectiveness (pre- and post - Project) of the Project's components in
preventing or reducing water quality impairments in Newport Bay and, where applicable,
Newport Beach's ocean beaches.
1.
2.
3.
4.
7.3 Prepare final report that addresses comments from the SWRCB Project Representative.
Task Deliverable: 7.1 Approved Monitoring and Reporting Plan; 7.2 Draft Final Report, 7.3 Final Report
• City of Newport Beach
SWRCB No.: 01- 079 - 550-81
Page 7 of 7 8
EXHIBIT A -1 - WORK TO BE PERFORMED
C. SCHEDULE OF COMPLETION DATES
Task ISubtask
I Deliverable
Completion Date
1 Project Management and Administration
1.2
Quarterly Reports
March 2002/quatedy
1.5
lContract Summary
March, 2002
1.7
Expenditure Projections
July 20021semiannually
thereafter
1.8
JProject Survey Form
August 15, 2004
2 Preliminary Design
2.1
Preliminary Diversion Designs
May -5805
2.1.a
Carnation Avenue Diversion
May. 2003
2.1.b
Arches Interchanae
May. 2003
2.1.c
Dover Drive/PCH
May. 2003
2.1.d
Santa Ana/Delhi Channel
May. 2003
2.2
Preliminary Valve- and - Inlet -Guard Catch Basin Combo Design
May, 2002
2.3
Circulation Improvement Studies and Pilot Project Plan
SF12882 March 2003
3 Permits and
CEQA Documents
3.1
Recorded Categorical Exemption or Neg Dec
December, 2001
3.2
Corps 404 Permit
44112005 March 2003
3.2
US Fish and Wildlife Permit
491290902 March 2003
3.2
Regional Board Section 401 Permit
^"'+ rn 5wc= March 2003
3.2
County of Orange Encroachment Permit
4412088 March 2003
3.2
City of Newport Beach AIC and Encroachment Permit
4412002 March 2003
3.2
DFBG Streambed Alteration Agreement
4 r„ U2002002 nAo 'I 2003
3.2
Coastal Commission CDP
511Q002 May 2003
3.2
O. Diversion Permit/Diversion Agreement
6412882 June 2003
4 Final Project Engineering
4.1
Tentative Time Schedule/Scope of Work
May, 2002
4.2
Hydrology and Other Surveys
VV2002 May 2003
4.3
Predesign Technical Memorandum
614120 l2 ^ ^2 May 2003
4.4
Preliminary Contract
6412802 June 2003
4.5
City Council Staff Report
6AQ002 ne 2003
5a Project Construction/Project Implementation JPbase 1
5a.1
Executed Contract (Circulation Studies /Aeration Pilot Test)
4412002 Feb 2003
5a.2
lCompleted Analysis of Circulation Studie Aeration Pilot Test
4412002 March 2003
5a.3
Executed Contract (Qhersieas-&-RRBs catch basin combos)
June, 2002
5a.4
Photos/As -Built Drawings (B'wemions4 -14&Bs catch basin combos)
July 2002 - April 2003
5b Project Construction/Project Implementation JEbAse 2
5b.1
Executed Contracts (Diversions)
A2IJI. 2003
5b.1
Carnation Avenue Diversion
April. 2003
5b.1.13
Arches Interchange
April. 2003
5b.1.0
Dover Drive/PCH
April. 2003
5b.1.D
Santa AnalDelhi Channel
April. 2003
5b.2
Photos /As -Built Drawings (Diversionsl
June. 2003
5h-3
Executed Cotnracts (Catch Basin Combosl
April. 2003
5bA
Photos/As -Built Drawings (Catch Basin Combosl
Julr 2003-April 2004
6 Quality Assurance Project Plan
61 JApproved QAPP July, 2002
7 Monitoring and Reporting Plan
7.1
Approved Monitoring and Reporting Plan
July, 2002
7,_2
Draft Final Report
&d L2004
7.3
lFinal Report
June. 2004
• 0 City of Newport Beach
SWRCB No.: 01- 079 - 550-91
Page 8 of 7 8
EXHIBIT A-1 —WORK TO BE PERFORMED
D. REPORTS
1. The Project Representative shall submit a quarterly progress report to the SWRCB Project
Representative 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. The description of activities and accomplishments of each task during the quarter
shall contain sufficient detail to provide a basis for payment of invoices and shall be translated into
percent of task work completed for the purpose of calculating invoice amounts.
2. The invoice shall include a copy of the progress report. If the progress report does not accompany
the invoice, the invoice shall not be deemed complete until a copy of the progress report is received.
3. The Project Representative shall submit to the SWRCB Project Representative one reproducible
master and two (2) copies of a draft report describing the work performed pursuant to Section B of this
Exhibit for review and comment.
4. The SWRCB Project Representative shall submit final comments on the draft report to the Project
Representative.
5. The Project Representative shall submit to the SWRCB Project Representative for approval one
reproducible master and two (2) copies of the final report containing the results of the work performed
and addressing the comments submitted to the Project Representative by the SWRCB Project
Representative. The report shall not be considered final until accepted and approved by the SWRCB
Project Representative.
E. SPECIAL MITIGATION MEASURES
[X] No special mitigation measures are attached to this grant. or
[ ] Special mitigation measures that must be complied with areas follows:.
• 0 City of Newport Beach
SWRCB No.: 01 -079- 550-01
Page 1 of 4-5
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENT
For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees
to compensate the Contractor for actual expenditures incurred in accordance with the rates
specified herein, which is attached hereto and made a part of this Agreement.
A. Invoices shall include the Agreement Number and shall be submitted in triplicate not more
frequently than quarterly in arrears to:
Laura L. Peters
State Water Resources Control Board
1001 1 Street, 16"' Floor
Sacramento, CA 95814
B. Payments will be on a cost incurred basis, upon receipt of an undisputed invoice and
completed "Request for Disbursement', SWRCB Form 262 submitted in accordance with
the instructions contained herein. Invoices received by the SWRCB Project
Representative that are not consistent with this format will be cause for an invoice to be
disputed. In the event of an invoice dispute the SWRCB Project Representative shall
notify Contractor by Initiating a Standard Form 209 INVOICE DISPUTE NOTIFICATION.
Payment will not be made until the dispute has been resolved and a corrected invoice
submitted. The SWRCB Project Representative is required to approve all invoices for
reimbursement. Only invoices for costs incurred after July 1, 2001, with all appropriate
backup documents (supporting itemized invoice) attached will be approved.
The invoices shall include the following information:
a. The word "Invoice" should appear in a prominent location at the top of the
page(s) and include a sequential number.
b. Printed name of the Contractor.
C. Business address of the Contractor, including P.O. Box, City, State, and Zip
Code;
d. "Bill To" is SWRCB;
e. The date of the invoice;
f. The contract number upon which the claim is based;
g. An itemized account of the services by task for which the SWRCB is being billed;
h. Include an itemized account of "in -kind" grant match or "dollar" grant match
including what percent the match represents of the total grant match obligation;
and
Printed on Original Contractor Letterhead or original signature by the Contractor's
Administrative Officer or designee.
The invoice must show the time period actually being billed. Quarterly invoices
must be based on the calendar quarter (ending in March, June, September, and
December).
• 9 City of Newport Beach
SWRCB No.: 01- 079 - 550-01
Page 2 of 45
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
C. Computing the Amount Due
Payment will be made upon submittal of an invoice which details the percentage of each
task completed based on work not dollars spent. Notwithstanding any other provision of
this contract, the Contractor agrees that the SW RCB may retain an amount equal to ten
percent of the grant amount specified in this contract until completion of the Project to the
satisfaction of the Division. Any retained amounts due to the Contractor will be promptly
disbursed to the Contractor, without interest, upon completion of the Project.
D. Matching Funds
If projects include capital costs, the project applicant shall identify those costs. The local
matching contribution required by subdivision (f) of Section 79148.8 of the Water Code
may be satisfied by in -kind match that meets all or a portion of local cost share required
by subdivision (f) of Section 79148.8 of the Water Code. For the purposes of determining
the capital cost of the Project, the in -kind match shall be included in the total project cost.
The "Contractor" shall provide a matching contribution for the portion of the project
consisting of capital expenditures for construction, according to the following formula:
Project Capital Cost = Capital Cost Match by Recipient
$1,000,000 to $5,000,000, inclusive = 20%
$125,000 to $999,999, inclusive = 15%
$1 to $124,999, inclusive = 10%
E. Final invoice
The final invoice should include the amount of the remainder of the contract work. The
invoice must be clearly marked FINAL INVOICE.
F. Backup Documents
It is necessary to provide monthly /quarterly reports, task products due, and vendor
invoices for the purchase of equipment (items over $5000) as attachments to the
invoices. You must, however, keep copies of all vendor invoices, timesheets, and any
other documents related to the project for future audit purposes.
G. Payment of Project Costs
Contractor agrees that it shall provide for payment of its full share of the Project costs. All
costs and payments for the Project shall be paid by the Contractor promptly and in
compliance with all applicable laws.
H. Withholding of Grant Disbursements
The SW RCB may withhold all or any portion of the grant funds provided for by this
contract in the event that:
(1) The Contractor has materially violated, or threatens to materially violate, any
term, provision, condition, or commitment of this contract;
(2) The Contractor fails to maintain reasonable progress toward completion of the
Project.
• • City of Newport Beach
SWRCB No.: 01- 079 -550 -91
Page 3 of 4-5
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
Fiscal Management Systems and Accounting Standards
The Contractor shall comply with state standards for financial management systems. At a
minimum, the Contractor's fiscal control and accounting procedures shall permit
preparation of reports required by the state and tracking of grant funds to a level of
expenditure adequate to establish that such funds have not been used in violation of state
law or the terms of this contract. The Contractor shall maintain separate Project accounts
in accordance with generally accepted government accounting standards.
2. LIMITATION OF FUNDING:
The maximum amount to be encumbered under this agreement for the 2001 fiscal year ending
June 30, 2002 shall not exceed $294,900 $500,000.
3. BUDGET CONTINGENCY CLAUSE
A. It is mutually agreed that if the Budget Act of 2001102 and /or any subsequent years
covered under this Agreement does not appropriate sufficient funds for the program, this
Agreement shall be of no further force and effect. In this event, the State shall have no
liability to pay any funds whatsoever to Contractor or to furnish any other considerations
under this Agreement and the Contractor shall not be obligated to perform any provisions
of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act 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 agreement amendment to Contractor to reflect the
reduced amount.
• 0 City of Newport Beach
SWRCB No.: 01- 079 - 550-01
Page 4 of 4-5
EXHIBIT B - BUDGET DETAIL AND PAYMENT PROVISIONS
4. BUDGET
A. Task Budget
Task
Description
CBI
Phase 1
CBI
Phase 2
City
Match
Project
Total
1
Project Management & Administration
$0
$7,000
$20,000
$27,000
2
Preliminary Desi n
$44,000
$10,000
$0
$54,000
3
Permits and CEQA Documents
$2,000
$2,000
$0
$4,000
4
Final Pro'ect Engineering
Circulation Study
$20,000
$0
$20,000
Catch Basin Combos
$0
11,000
$0
1,000
Carnation Ave Diversion
$0
$5,000
$0
$5-000
Arches Diversion
$0
$5,000
$0
5 000
Dover Drive/PCH Diversion
$0
$5,000
$0
5 000
Santa Ana/Delhi Diversion
$0
51300
$0
5 000
Subtotal Task 4
$20,000
21 000
$0
$41,000
5
Project Constructionllmplementation
RRDs & Diversions
-Catch Basin Combos
$130,000
$46,000
$176,000
$5,200
- Dunes Diversions
$3,000
0
$0
$3,000
- Carnation Ave Diversion
$0
$60,000
$5,000
$65,000
- Arches Diversion
$0
$60,000
$5,000
$65,000
- Dover Drive /PCH Diversion
$0
$60,000
$5,000
65 000
- Santa Ana /Delhi Diversion
$0
$75.000
$5.000
80 000
Subtotal Task 5
$133,000
$255.000
$66.000
000
6
QAPP
$1,000
$1,000
$0
$2,000
7
Monitoring and Reporting Plan
$0
$00
$0
$1,000
$1,000
Draft and Final Reports
$0
$4,001)
1 no
$5,000
TOTALS
$200,000
$300,000
$25,280
$88,000
$225,280
$588,0D0
0 City of Newport Beach
SW RCB No.: 01- 079 - 550-81
Page 5 of 4-5
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
B. Line Item Budget
Task
Description
CBI
Phase 1
CBI
Phase 2
City`
Match
Prolect
Total
1
City Personnel Services (x1.3
benefits )
$12,000
$25,200
$$23,000
$25,288
$35400
— Hours A CM/Pro ject Director
$55/hr
44
so
83
$7,
— Hours Maintenance Supervisor
W$351hr
68
132
$7.660
Hours Sr. Civil Engineer ($501hr)
144
50
276
$21.000
2
Operating Expenses
-- Includes Permit Fees, Runoff Plan
Printin
$2,000
2 ODO
$0
$2880
4 000
3
Construction /Implementation
$133,000
$255,000
$65,000
$433;000
453 000
-- Includes construction
management, contingency, and
installation
4
Consultant Services
—For prelim and final engineering
and studies
$65,000
$31,000
$0
$65,800
$96,000
TOTALS1
$200,00011300,000
1188,000
$588,000
Circulation /Aeration Study is exempt from the match requirement. The match is based on the $168,000
construction project.
11 '/X;. ;.jrJ
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 09/01)
AGREEMENT NUMBER
01-079-550-0
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
State Water Resources Control Board
CONTRACTOR'S NAME
City of Newport Beach
2. The term of this
Agreement is: July 1, 2001 through November 30, 2004
3. The maximum amount $ 200,000.00
of this Agreement is: Two hundred 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 Aqreement:
Exhibit A — Scope of Work
Exhibit A-1 — Work to be Performed
Exhibit B — Budget Detail and Payment Provisions
Exhibit C* — General Terms and Conditions
Check mark one item below as Exhibit D:
® Exhibit — D Special Terms and Conditions (Attached hereto as part of this agreement)
❑ Exhibit — D* Special Terms and Conditions
Exhibit E - SWRCB CBI Special Conditions
1 page(s)
7 page(s)
4 page(s)
GTC 201
3 page(s)
4 page(s)
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed atwww.dgs.ca.gov/contracts
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTORS NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of Newport Beach
BY (Authorize
I,Signature DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF RSON SIG G
Mr. Tod W. Ridgeway, M rr
ADDRESS
3300 Newport Boulevard
Newport Beach, CA 92658-8915
California Department of General
04 Services Use Only
STATE OF CALIFORNIA ,l
AGENCY NAME
State Water Resources Control Board
BY (Author Signsturefl DATE`
PRINTE NAME AND ITLE OF PERSON SIGNING t
Bill Brown, Chief, Division of Administrative Services
ADDRESS
1001 1 Street, Sacramento, CA 95814
ED o not type)
lOL
PR,`
EJUN 2002
_ j
DEPT OF GFNEr1SL SI -n, -;CFS
Exempt per:
0
SCOPE OF WORK
EXHIBIT A
City of Newport Beach
SW RCB No.: 01 - 079 -550 -0
Page 1 of 1
1. Contractor agrees to provide to the State Water Resources Control Board (SWRCB) subvention
services as described herein:
2. The Contractor shall install two storm drain diversions and perform a water circulation study at
Newport Dunes, and shall install a one -way valve and catch basin inlet filters in the Channel Park
area of Newport Beach in Orange County California.
3. The project representatives during the term of this agreement will be:
PROJECT REPRESENTATIVES
State Agency: State Water Resources Control Board
Contractor: City of Newport Beach
SWRCB Project Representative:
Christopher Stevens
Project Representative:
Tod W. Ridgeway, Mayor
Phone: 916 341 -5698
Phone: 949 644 -3000
Fax: 916 341 -5707
Fax: 949 644.3020
The SW RCB's Project Representative shall be Christopher Stevens of the Division of Clean Programs.
The SWRCB Project Representative 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 that could be performed by the SWRCB Project Representative under this
agreement. Except as otherwise expressly provided, all communications relative to this agreement shall
be given to the SWRCB Project Representative.
The Project Representative shall be Tod W. Ridgeway, Mayor. The Project Representative shall be the
Contractor's representative for the technical conduct and administration of the agreement and shall have
full authority to act on behalf of the Contractor. All communications given to the Project Representative
shall be binding as if given to the Contractor.
The parties may change their SWRCB Project Representative or Project Representative upon providing
written notice to the other party.
Direct all inquiries to:
State Water Resources Control Board
Contractor's Name
City of Newport Beach
Division of Clean Water Programs
Section /Unit City Manager's Office
Attention: Laura L. Peters
Attention: Dave Kill
Address: 1001 1 Street, 16 Floor
Sacramento, CA 95814
Address: 3300 Newport Boulevard,
Newport Beach 92658 -8915
Phone: 916 341 -5854
Phone: 949 644 -3002
Fax: 916 341 -5707
Fax: 949 644 -3020
4. Detailed description of work to be performed and duties of all parties shall be provided in
accordance to Exhibit A -1 Work To Be Performed which is attached hereto and made part of this
agreement
0
City of Newport Beach
SWRCB No.: 01-079 -550 -0
Page 1 of 7
EXHIBIT A-1 —WORK TO BE PERFORMED
A. BACKGROUND AND GOALS
Newport Bay is an impaired water body listed on the Section 303(d) List for sediment, nutrients, fecal
coliform, and toxics. As a result of weekly testing AB 411 done by the Orange County Health Care
Agency at 35 different sites in Newport Bay and at twelve ocean sites (testing done by the Orange
County Sanitation Agency), Newport Beach and Newport Bay had beach postings covering more
than 550 Beach Mile Days in 2001. Two swimming areas in the Say accounted for more than 80% of
the postings, meaning that high bacteria levels in the waters impaired the public's ability to swim in
and enjoy these areas.
The intent of this project is to reduce bacteria inputs from onshore sources and to increase die -off
rates of on -water sources of bacteria so as to meet REC -1 standards in the Bay and along the
shoreline. At the completion of this Project, the City expects at least a 50% reduction in beach mile
day postings in 2002. It does so by:
Part 1. Installing inlet guards (eg National Inlet Protection) and runoff - retaining valves (eg
TideFlex) in the storm drain network draining into Newport Island's channels along with
increasing maintenance activities at the valves to remove fresh -water runoff before it
enters Newport Bay;
Part 2. Plugging the remaining storm drains at Newport Dunes and automatically pumping flows
from the drains into the sanitary sewer ("Dunes Diversions ");
Part 3. Pilot testing devices (eg InStreem) that increase circulation and aeration in Newport
Dunes and Newport Island, with the potential of permanently installing these devices in a
later phase, if shown to be effective.
A later phase may include installing additional inlet guards and runoff - retaining valves in the storm
drain network draining into other critical parts of the Bay (Bayside Drive, Corona del Mar, the Balboa
Peninsula) should Part 1 of this Project be deemed effective. As noted, a later phase of the Project
could also include permanent installation of circulation /aeration devices (again depending upon the
success of the pilot test).
The Project will combine the resources of the Clean Beaches Initiative with the resources of the City
of Newport Beach (municipality with jurisdiction), the County of Orange's Health Care Agency (water
testing), and the County of Orange's Public Facilities and Resources Department (PF &RD), trustees
of the Newport Dunes tidelands.
B. WORK TO BE PERFORMED
The purpose of this Contract is to plan, design, and implement the Newport Beach CBI Bay /Beach
Improvement Project. The Project includes these major components:
Design, install and operate:
Dunes Diversions. Plugs in the two remaining major storm drains entering the Newport Dunes
Swimming Lagoon, after which flows retained in the system will be pumped via automatic sump
pumps into the sanitary sewer;
Runoff Controls near West Newport Channels. Includes installing up to 30 inlet guards and
three 1 -way "Tide -Flex' valves to keep fresh water runoff from mixing with tidal flows. Inlet
guards would keep debris out of storm drain network, 1 -way valve would catch and hold fresh
water until City vactor crews or a self- contained sump pump (pumping to a sewer line) can
remove it; and
Circulation Pilot Test. Analyze, via field testing and modeling (using the existing RMA model of
Newport Bay), the reduction in bacteria (if any) when devices that aerate and circulate bay water
are installed in Newport Dunes Swimming Lagoon.
0
City of Newport Beach
SWRCB No.: 01-079-550-0
Page 2 of 7
EXHIBIT A-1 — WORK TO BE PERFORMED
The Contractor shall be responsible for the performance of the work as set forth herein below and for the
preparation of products and a final report as specified in this Exhibit. The Project Representative shall
promptly notify the SWRCB Project Representative of events or proposed changes that could affect the
scope, budget, or schedule of work performed under this agreement.
Task 1. Project Management and Administration
1.1 Provide all technical and administrative services as needed for contract completion; monitor,
supervise and review all work performed; and coordinate budgeting and scheduling to assure that
the contract is completed within budget, on schedule, and in accordance with approved
procedures, applicable laws, and regulations.
1.2 Ensure that the contract requirements are met through completion of quarterly status reports
submitted to the Contract Manager by the 10'h of the month following the end of the calendar
quarter (March, June, September, and December) and through regular communication with the
Contract Manager. The progress reports shall describe activities undertaken and
accomplishments of each task during the quarter, milestones achieved, and any problems
encountered in the performance of the work under this contract. The description of activities and
accomplishments of each task during the quarter shall be in sufficient detail to provide a basis for
payment of invoices and shall be translated into percent of task work completed for the purpose of
calculating invoice amounts.
1.3 Disclosure Requirements - Include the following disclosure statement in any document, written
report, or brochure prepared in whole or in part pursuant to this contract:
"Funding for this project has been provided in full or in part through a contract with the
State Water Resources Control Board (SWRCB) pursuant to the Costa- Machado Water
Act of 2000 (Proposition 13) and any amendments thereto for the implementation of
California's Clean Beaches Initiative. The contents of this document do not necessarily
reflect the views and policies of the SWRCB, nor does mention of trade names or
commercial products constitute endorsement or recommendation for use."
The Contractor shall include in each of its subcontracts for work under this contract a provision
that incorporates the requirements stated within this subtask.
1.4 The Contractor and any of its subcontractors shall notify the Contract Manager at least ten (10)
working days prior to any public or media event publicizing the accomplishments and/or results of
this contract and provide the opportunity for attendance and participation by SWRCB
representatives.
1.5 Complete a one -page contract summary form (form to be provided by the SWRCB) within three
months of the contract execution.
1.6 Award subcontract(s) to appropriate organization(s) to perform tasks as outlined in this
agreement. Document steps taken in soliciting and awarding the subcontract and submit them to
the Contract Manager for review. Document all subcontractor activities in quarterly reports.
1.7 Every six months during the life of this contract, the Contractor shall develop and submit to their
assigned SWRCB Program Analyst expenditure /invoice projections to enable funding to be
available for payment of invoices.
1.8 At the completion of this project and prior to final payment, the Project Director shall fill out and
provide a project survey form to the Contract Manager.
Task Deliverables : 1.2 Quarterly Progress Reports, 1.5 Contract Summary Form, 1.6 Subcontractor
Documentation, 1.7 Expenditure/Invoice projections, 1.8 Project Survey Form
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City of Newport Beach
SW RCB No.: 01- 079 -550 -0
Page 3 of 7
EXHIBIT A -1 — WORK TO BE PERFORMED
Task 2: Preliminary Design
2.1 Preliminary Diversion Design. The Project Director shall oversee the preliminary design of the
diversions near the Newport Dunes Swimming Lagoon and its watershed areas.
2.2 Preliminary Valve and Inlet Guard Design. The Project Director shall oversee the preliminary
plans to place up to 30 catch basin inlet guards and three one -way flex valves in the West
Newport storm drain network including the small watersheds that enter the Bay at 43rd Street and
38' Street.
2.3 Circulation Improvement Pilot Project Plan. The Project Director shall oversee a consultant's
design of the Circulation Improvement Pilot Project Plan that would show the types of devices
proposed to be installed, the monitoring program post - installation, any water quality modeling, and
that would estimate effectiveness measures of the tested devices.
Task Deliverables: 2.1 -- Preliminary Diversion Design; 2.2 -- Preliminary Valve and inlet Guard Design;
and 2.3 -- Circulation Improvement Pilot Project Plan.
Task 3: Permits and CEQA Documents
3.1. The Project Director will prepare applicable California Environmental Quality Act (CEQA)
document associated with the Project (found to be exempt under one or more categorical
exemptions) and record with the Orange County Clerk- Recorder's office.
3.2. The Project Director will secure all required permits for project work. No work that is subject to
permitting shall proceed under this contract until documents that satisfy the permitting
process(es) are received by the Contract Manager. Permits may include (if deemed to be
applicable by permitting agencies):
a. US Army Corps of Enoineers Section 404 Permit. Where any part of the Project would
require dredging and filling of wetlands/waters of the United States, the contractor will
secure a Corps Section 404 Permit.
b. US Fish and Wildlife Section 7 Permit. if any part of the Project would result in an impact
to any federally listed specials, the contractor will prepare a request for consultation under
Section 7 of the Endangered Species Act with the US Fish and Wildlife Service (US
F& WS).
c. California Regional Water Quality Control Board, Santa Ana Heaton, Section 401 Permit.
if determined by Board staff to be applicable, the contractor will prepare and submit a
request for a waiver under Section 401 of the Clean Water Act. Also, if applicable,
prepare and submit a Notice of Intent to conduct work under the General Construction
Activity stormwater permit. Prepare and submit any applicable stormwater pollution
prevention plan associated with the latter permit.
d. California Department of Fish and Game Streambed Alteration Agreement. if found to be
applicable, prepare and submit a Streambed Alteration Agreement.
e. California Coastal Commission Coastal Development Perm it. if found to be applicable,
after receiving an `approval in concept" (AIC) from the City of Newport Beach, prepare
and submit application for a Coastal Development Permit.
f County of Orange Encroachment Permit. Installation of any diversion device in the
Newport Dunes Swimming Lagoon will likely require an Encroachment Permit from the
County of Orange.
g. City of Newport Beach Approval in Concept 01C) and Encroachment Pe rmit. if found to
be applicable, prepare and submit a request for an AIC (see above) and an
Encroachment Permit from the City of Newport Beach for any construction activity on
publicly-owned land or right -of -way.
0
EXHIBIT A -1 — WORK TO BE PERFORMED
h.
proposal to divert dry- weather flows into the Oran
facilities or collection system requires a Diversion
Weather Flows.
Fi
City of Newport Beach
SW RCB No.: 01 -079 -550-0
Page 4 of 7
Permit and Agreement. Any
County Sanitation District's treatment
rmit and an Agreement to Divert Dry
3.3 The Project Director will provide liaison with the above - listed agencies to answer questions,
coordinate field visits, secure permits, and incorporate any mitigation measures as outlined in the
permit conditions.
Task Deliverables: 3.1 CEQA Documentation; 3.2 Applicable Permits.
Task 4: Final Project Engineering
Contractor will oversee Final Project Engineering to prepare construction documents that will allow the
construction and implementation of Project components. Contractor will hire a consultant to prepare the
construction documents needed for the Project. Contractor shall cause the work to be done through
consultants on reports, drawings, and specifications necessary to prepare final construction documents
needed for the Project.
4.1 Project Review: Contractor or consultant(s) will review the existing preliminary design work for the
Project, conduct a kick -off meeting and present a tentative time schedule and agreed -upon scope
of work. The following tasks will be considered for the Project Review:
• Appropriate location, capacity (in gallons per minute), shut -off controls, and anti - debris grating
of diversions near Dunes lagoon;
• Appropriate locations, sizing, and maintenance schedule for inlet guards and one -way valves
in West Newport channel watersheds (43`' Street and 38'h Street);
• Scope, duration, quality control, and water quality monitoring of Circulation Pilot Test;
• A long -term maintenance plan for the diversions and West Newport runoff control measures;
• Development of a concise public participation plan to ensure public comment and review of
the plans and designs and public acceptance for the Project goals.
4.2 Field Survey and Hydrology Review. Perform field survey work as required to complete the
design work. Hydrological and geotechnical services, if applicable, may include both field and
laboratory services and preparation of a final Survey report with design recommendations.
4.3 Preparation and Approval of Predesign Technical Memorandum. Prepare (and approve) a pre -
design technical memorandum to verify the project concept and direction. The Memorandum may
include any or all aspects of Part 4.1 (above).
4.4 Preparation of Contract Documenis /Authorize Contract to be Let for Bid. Prepare contract
documents (construction plans, specifications, and final cost estimate) for the Project in
accordance with City of Newport Beach standards. Project will consist of the features described
in the Predesign Technical Memorandum as approved by the Contract Manager, Let the Contract
for bid per the City's standards.
4.5 Assistance with Bidding /Recommendation to City Council. Provide assistance to the City during
the bidding period to answer questions, preparing any addenda to the Contract, and preparing a
staff report with recommendation to the City Council on the award of the Project.
Task Deliverables: 4.1 — Tentative Time Schedule and Tentative Scope of Work; 4.2 — Field Survey and
Hydrology Products; 4.3 — Pre- design Technical Memorandum; 4.4 — Contract Document; 4.5 —
Council Staff Report
Task 5: Project ConstructionlProject Implementation
0
City of Newport Beach
SWRCB No.: 01- 079 -550-0
Page 5 of 7
EXHIBIT A-1 — WORK TO BE PERFORMED
5.1 City Council will select a contractor (using lowest responsible bidder) to complete all or portions of
the Project. Mayor will execute final contract.
5.2 Contactor will implement/construct storm drain to sewer diversions and West Newport runoff
retention devices (flex valves and inlet guards). The following is a preliminary outline of the
construction methods to be used by the contractor for Project construction. Contractor will refine
this process further after completion of Pre- design Technical Memorandum. The Contractor or
construction manager will finalize the timing and sequencing of the construction:
• Grade and /or excavate diversion sites;
• Install diversions, including plugs, pumps, debris grating and shut -off mechanism (for shut -off
during wet weather events);
• Replacement of excavated soils;
Installation of valves and inlet guards;
5.3 Contractor (for Circulation Pilot Test) will implement study outline, including:
• Assist vendors with the installation of circulation device(s);
• Coordinate effectiveness review and monitoring plan;
• Coordinate analysis of water quality test data; and
• Model alternatives in other critical Bay sites, where appropriate (including Newport Island
channels);
Task Deliverables: 5.1 — Executed Contract; 5.2 — Photos from completed project and as -built drawings;
5.3 -- Completed Analysis, including summary of Pilot Test, of Circulation /Aeration Study;
Task 6: Quality Assurance Project Plan (QAPP)
6.1 Contractor will prepare and maintain a Quality Assurance Project Plan (QAPP) in accordance with
the requirements included in Section 8. The QAPP shall be approved by the SWRCB QAPP
officer prior to the implementation of any sampling or monitoring activities.
Task Deliverable: 6.1 Approved QAPP
TASK 7: MONITORING AND REPORTING PLAN
7.1 Contractor will prepare (and submit to the SWRCB for the Contract Manager's approval) a
Monitoring and Reporting Plan (MRP) consistent with Water Code § 79148.8(d). The plan shall
address the following information:
• A water quality baseline;
• Identification of one or more likely sources of non -point source pollution in the Newport Bay,
with additional specificity as to sources near Newport Island channels and Newport Dunes
swimming lagoon;
A summary of the expected water quality benefits and the implementation methods of the
runoff retention devices, diversions, and circulation /aeration devices.
Measurement of the effectiveness (pre- and post - Project) of the Project's components in
preventing or reducing water quality impairments in Newport Bay and, where applicable,
Newport Beach's ocean beaches.
Task Deliverable: 7.1 Approved Monitoring and Reporting Plan
C. SCHEDULE OF COMPLETION DATES
1
City of Newport Beach
SWRCB No.: 01 -079 -550 -0
Page 6 of 7
EXHIBIT A -1 — WORK TO BE PERFORMED
Task ISubtaskl
Deliverable I Completion Date
1 Project Management
and Administration
1.2
Ouartedy Reports
March 2002/quaterly
thereafter
1.5
Contract Summary
March, 2002
1.7
Expenditure Projections
July 2002/semi- annually
thereafter
1.8
Project Survey Form
August 15, 2004
2 Prelimina Desi n
2.1
Prelimina Diversion Design
May, 2002
2.2
Preliminary Valve and Inlet Guard Design
May, 2002
2.3
ICirculation Improvement Pilot Project Plan
March, 2002
3 Permits and CEQA Documents
3.1
Recorded Categorical Exemption or Neg Dec
December, 2001
3.2
Corps 404 Permit
April, 2002
3.2
US Fish and Wildlife Permit
April, 2002
3.2
Regional Board Section 401 Permit
April, 2002
3.2
County of Orange Encroachment Permit
April, 2002
32
City of Newport Beach AC and Encroachment Permit
April, 2002
3.2
DF &G Streambed Alteration Agreement
April, 2002
3.2
Coastal Commission GDP
May, 2002
3.2
OCSD Diversion Permit/Diversion Agreement
June, 2002
4 Final Pro
act Engineering
4.1
Tentative Time Schedule/Scope of Work
May, 2002
4.2
Hydrology and Other Surveys
May, 2002
4.3
Predesign Technical Memorandum
May, 2002
4.4
Preliminary Contract
June, 2002
4.5
City Council Staff Report
June, 2002
5 Project Construction/Project Implementation
5.1
jExeculed Contract (Circulation/Aeration Pilot Test)
April, 2002
5.3
Completed Analysis of Circ/Aer Pilot Test
May, 2002
5.1
Executed Contract (Diversions & RRDs)
June, 2002
52
Photos/As -Built Drawings (Diversions & RRDs)
July 2002 - April 2003
6 auali Assurance Protect Plan
6.1 A roved QAPP July, 2002
7 Mo2.it orij Plan
pnd
71 oved MoNrin nd Reporting Plan July, 2002
o
RRDs = Runoff Retention Devices
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City of Newport Beach
SWRCB No.: 01 -079-550-0
Page 7 of 7
EXHIBIT A -1 — WORK TO BE PERFORMED
D. REPORTS
1. The Project Representative shall submit a quarterly progress report to the SWRCB Project
Representative describing activities undertaken, accomplishment of milestones, and any problems
encountered in the performance of the work under this agreement, and delivery of intermediate
products, it any. The description of activities and accomplishments of each task during the quarter
shall contain sufficient detail to provide a basis for payment of invoices and shall be translated into
percent of task work completed for the purpose of calculating invoice amounts.
2. The invoice shall include a copy of the progress report. If the progress report does not accompany
the invoice, the invoice shall not be deemed complete until a copy of the progress report is received.
3. The Project Representative shall submit to the SWRCB Project Representative one reproducible.
master and two (2) copies of a draft report describing the work performed pursuant to Section B of this
Exhibit for review and comment.
4. The SWRCB Project Representative shall submit final comments on the draft report to the Project
Representative.
5. The Project Representative shall submit to the SWRCB Project Representative for approval one
reproducible master and two (2) copies of the final report containing the results of the work performed
and addressing the comments submitted to the Project Representative by the SWRCB Project
Representative. The report shall not be considered final until accepted and approved by the SWRCB
Project Representative.
E. SPECIAL MITIGATION MEASURES
[XJ No special mitigation measures are attached to this grant. or
[ ) Special mitigation measures that must be complied with are as follows:.
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENT
E
City of Newport Beach
SWRCB No.: 01 -079 -550 -0
Page 1 of 4
For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees
to compensate the Contractor for actual expenditures incurred in accordance with the rates
specified herein, which is attached hereto and made a part of this Agreement.
A. Invoices shall include the Agreement Number and shall be submitted in triplicate not more
frequently than quarterly in arrears to:
Laura L. Peters
State Water Resources Control Board
1001 1 Street, 16'" Floor
Sacramento, CA 95814
B. Payments will be on a cost incurred basis, upon receipt of an undisputed invoice and
completed "Request for Disbursement ", SWRCB Form 262 submitted in accordance with
the instructions contained herein. Invoices received by the SWRCB Project
Representative that are not consistent with this format will be cause for an invoice to be
disputed. In the event of an invoice dispute the SWRCB Project Representative shall
notify Contractor by Initiating a Standard Form 209 INVOICE DISPUTE NOTIFICATION.
Payment will not be made until the dispute has been resolved and a corrected invoice
submitted. The SWRCB Project Representative is required to approve all invoices for
reimbursement. Only invoices for costs incurred after July 1, 2001, with all appropriate
backup documents (supporting itemized invoice) attached will be approved.
The invoices shall include the following information:
a. The word "Invoice" should appear in a prominent location at the top of the
page(s) and include a sequential number.
b. Printed name of the Contractor.
C. Business address of the Contractor, including P.O. Box, City, State, and Zip
Code;
d. "Bill To" is SWRCB;
e. The date of the invoice;
I. The contract number upon which the claim is based;
g. An itemized account of the services by task for which the SW RCB is being billed;
h. Include an itemized account of "in- kind" grant match or "dollar" grant match
including what percent the match represents of the total grant match obligation;
and
i. Printed on Original Contractor Letterhead or original signature by the Contractor's
Administrative Officer or designee.
j. The invoice must show the time period actually being billed. Quarterly invoices
must be based on the calendar quarter (ending in March, June, September, and
December).
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SWRCB No.: 01- 079 -550 -0
Page 2 of 4
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
C. Computing the Amount Due
Payment will be made upon submittal of an invoice which details the percentage of each
task completed based on work not dollars spent. Notwithstanding any other provision of
this contract, the Contractor agrees that the SWRCB may retain an amount equal to ten
percent of the grant amount specified in this contract until completion of the Project to the
satisfaction of the Division. Any retained amounts due to the Contractor will be promptly
disbursed to the Contractor, without interest, upon completion of the Project.
D. Matching Funds
If projects include capital costs, the project applicant shall identify those costs. The local
matching contribution required by subdivision (f) of Section 79148.8 of the Water Code
may be satisfied by in -kind match that meets all or a portion of local cost share required
by subdivision (f) of Section 79148.8 of the Water Code. For the purposes of determining
the capital cost of the Project, the in -kind match shall be included in the total project cost.
The "Contractor" shall provide a matching contribution for the portion of the project
consisting of capital expenditures for construction, according to the following formula:
Project Capital Cost = Capital Cost Match by Recipient
$1,000,000 to $5,000,000, inclusive = 20%
$125,000 to $999,999, inclusive = 15%
$1 to $124,999, inclusive= 10%
E. Final Invoice
The final invoice should include the amount of the remainder of the contract work. The
invoice must be clearly marked FINAL INVOICE.
Backup Documents
It is necessary to provide monthly /quarterly reports, task products due, and vendor
invoices for the purchase of equipment (items over $5000) as attachments to the
invoices. You must, however, keep copies of all vendor invoices, timesheets, and any
other documents related to the project for future audit purposes.
G. Payment of Protect Costs
Contractor agrees that it shall provide for payment of its full share of the Project costs. All
costs and payments for the Project shall be paid by the Contractor promptly and in
compliance with all applicable laws.
H. Withholding of Grant Disbursements
The SWRCB may withhold all or any portion of the grant funds provided for by this
contract in the event that:
(1) The Contractor has materially violated, or threatens to materially violate, any
term, provision, condition, or commitment of this contract;
(2) The Contractor fails to maintain reasonable progress toward completion of the
Project.
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City of Newport Beach
SWRCB No.: 01- 079 -550 -0
Page 3 of 4
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
Fiscal Management Systems and Accounting Standards
The Contractor shall comply with state standards for financial management systems. At a
minimum, the Contractor's fiscal control and accounting procedures shall permit
preparation of reports required by the state and tracking of grant funds to a level of
expenditure adequate to establish that such funds have not been used in violation of state
law or the terms of this contract. The Contractor shall maintain separate Project accounts
in accordance with generally accepted government accounting standards.
2. LIMITATION OF FUNDING:
The maximum amount to be encumbered under this agreement for the 2001 fiscal year ending
June 30, 2002 shall not exceed $200,000.
3. BUDGET CONTINGENCY CLAUSE
A. It is mutually agreed that if the Budget Act of 2001/02 and /or any subsequent years
covered under this Agreement does not appropriate sufficient funds for the program, this
Agreement shall be of no further force and effect. In this event, the State shall have no
liability to pay any funds whatsoever to Contractor or to furnish any other considerations
under this Agreement and the Contractor shall not be obligated to perform any provisions
of this Agreement.
B. if funding for any fiscal year is reduced or deleted by the Budget Act 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 agreement amendment to Contractor to reflect the
reduced amount.
4. BUDGET
A. Task Budget
Task
Description
CBI
City Match
Total
1
Project Management & Administration
0
$20.000
$20,0001
2
Prelimina Desi n Pilot Test & RDDs & Diversions
$44,000
0
$44,000
3
Permits and CEQA Documents
$2,000
0
$2,000
4
Final Project Engineering RRDs & Diversions
$20,000
0
$20,000
5
Project Construction/Implementation RRDs & Diversions
$133,000
5 2 0
$138,200
6
QAPP
1000
0
1000
7
Monitorin and Re ortin Plan
0
so
0
Phase I
I TOTALS
$200,000
25 200
225 200
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City of Newport Beach
SWRCB No.: 01- 079 -550-0
Page 4 of 4
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
B. Line Item Budget
Item No.
I Item Description
CBI
City Match`
Total
City Personnel Services x1.3 benefits)
$25,200
$25,200
Hours ACM/Project Director $551hr x 80 hr
Hours Sr. Civil Engineer $501hr x 265 hr
V
Hours Field Maintenance Worker 11($271hr x
65 hr
21
Operating Expenses
$2,000
$0
$2,000
-- Includes Permit Fees, Printing, Postage
3
Construction /Im plementation
$133,000
$0
$133,000
-- Includes construction management,
contingency, installation, RRDs, Diversions.
4
Consultant Services
$65,000
$0
$65,000
or CirclAeration Study , prelim an
final engineering, monitoring, OAPP, more.
Phase 1
TOTALS
$200,000
$25,200
$225,200
Circulation /Aeration Study is exempt from the match requirement. The match is based on the $168,000
construction project.
0
EXHIBIT 0
SPECIAL TERMS AND CONDITIONS
E
City of Newport Beach
SWRCB No.: 01 -079-550-0
Page 1 of 3
1. 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 SWRCB
Project Representative, who shall reduce such decision to writing and mail or otherwise furnish a
copy thereof to the Contractor. The decision of the SWRCB Project Representative shall be final and
conclusive unless, within 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 Project 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 SWRCB Project Representative unless the
Contractor has received notice of termination. Decisions on any disputes hereunder may include
decisions of both fact and law; provided, 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 et 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. 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 SWRCB Project Representative 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 SWRCB Project Representative.
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.
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SWRCB No.: 01 -079-550-0
Page 2 of 3
EXHIBIT D— SPECIAL TERMS AND CONDITIONS
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)
5. 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.
6. Priority Hiring Considerations: Contractor shall give priority consideration in filling vacancies in
positions funded by this Agreement to qualified recipients of aid under Chapter 2 (commencing with
Section 11200) of Part 3 of Division 9 of the California Welfare and Institutions Code in accordance
with Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare
and Institution Code. (PCC 10353 W &I 11200, 11349, 2CCR, 1896.30 SCM 5.3)
7. 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 days after receipt of a written "contract modification ", submit to the
SWRCB a written statement setting forth the disagreement with the change.
8. Termination: Notwithstanding the provisions of the Department of General Services General Terms
and Conditions (GTC). This contract may be terminated by written notice at any time prior to
completion of the Project, at the option of the SWRCB, upon violation by the Grantee of any material
provision of this contract after such violation has been called to the attention of the Grantee and after
failure of the Grantee to bring itself into compliance with the provisions of this contract within a
reasonable time as established by the Division. In the event of such termination, the Grantee
agrees, upon demand, to immediately repay to the SWRCB an amount equal to the amount of grant
funds disbursed to the Grantee prior to such termination. In the event of termination, interest shall
accrue on all amounts due at the highest legal rate of interest from the date that notice of termination
is mailed to the Grantee to the date of full repayment by the Grantee.
9. Budget Flexibility: Subject to the prior review and approval of the SWRCB Project
Representative, line item shifts of up to $25,000 or ten percent of the annual contract total, whichever
is less, may be made up to a cumulative maximum of $50,000 per fiscal year. Line item shifts may
be proposed/requested by either the State Water Board or the Contractor in writing and must not
increase or decrease the total contract amount allocated per fiscal year.
10. Computer Software: Contractor certifies that it has appropriate systems and controls in place to
ensure that State funds Wit not be used in performance of this contract for the acquisition, operation
or maintenance of computer software in violation of copyright laws.
11. Union Organizing: Contractor, by signing this agreement, hereby acknowledges the applicability of
Government Code 16645 through 16649 to this agreement. Furthermore, Contractor, by signing this
agreement, here by certifies that:
1) No state funds disbursed by this grant will be used to assist, promote or deter union organizing.
2) Contractor shall account for state funds disbursed for a specific expenditure by this grant, to show
those funds were allocated to that expenditure.
• s
City of Newport Beach
SWRCB No.: 01-079 -550 -0
Page 3 of 3
EXHIBIT D— SPECIAL TERMS AND CONDITIONS
3) Contractor shall, where state funds are not designated as described in Department of General
Services "General Terms and Conditions" (GTC) item 18, (b), allocate, on a pro -rata basis, all
disbursements that support the grant program.
4) If Contractor makes expenditures to assist, promote or deter union organizing, Contractor will
maintain records sufficient to show that no state funds were used for those expenditures, and that
Contractor shall provide those records to the Attorney General upon request.
9 0
City of Newport Beach
SWRCB No.: 01- 079 -550 -0
Page 1 of 4
EXHIBIT E
SWRCB CBI SPECIAL CONDITIONS
1. BOND TERMS
(A) Work performed under this contract shall protect the beneficial uses of the coastal waters
throughout the State.
(B) The Project has been the subject of consultation between the SWRCB, the California Coastal
Commission, and the Beach Water Quality Task Force.
(C) The Project demonstrates the ability to produce sustained benefits for 20 years.
(D) The Project addresses the causes for the pollution, rather than the symptoms.
(E) The Project shall be consistent with existing water quality and resources protection plans.
(F) The Contractor has submitted a Monitoring and Reporting Plan.
(G) The Contractor has included a matching contribution for the capital expenditures for construction.
(H) The Contractor has informed the SWRCB of the permits necessary to complete the Project.
(1) The Project is consistent with recovery plans for coho salmon, steelhead, or trout.
(J) The Project has been the subject of public review.
2. DEFINITIONS
(A) "Allowance' means an amount based on a percentage of the accepted bid for an eligible project to
help defray the planning, design, construction, engineering, and administration costs of the
Project.
(B) "Project Representative" means the Mayor of a City, the Chairperson of the County Board of
Supervisors, the Chairperson of the Board of Directors of the Contractor, or another duly
appointed representative. For all Project Representatives, a certified original copy of the
authorizing resolution that designates the Project Representative by title, shall accompany any
contract, the first payment request, and any other documents or requests required or allowed
under this contract.
(C) "Change in the scope of the Project" means any change from the Project description in the Project
Authorization Package.
(0) "Completion of construction" means the date, as determined by the Division after consultation with
the Contractor, that the work of building and erection of the Project is substantially complete.
(E) "Contractor" means the City of Newport Beach.
(F) "Force account" means the Contractor's own employees or equipment used for Project
construction.
(G) "Initiation of construction" means the date that notice to proceed with work is issued for the Project
or, if notice to proceed is not required, the date of commencement of building and erection of the
Project.
(H) "Project completion" means the date, as determined by the Division after consultation with the
Contractor, that operation of the Project is or is capable of being initiated, whichever comes first.
(1) "SWRCB" means the State Water Resources Control Board.
(J) "Useful life of project" means 20 years from and after Project completion.
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City of Newport Beach
SWRCB No.: 01- 079 -550 -0
Page 2 of 4
EXHIBIT E — SWRCB CLEAN BEACHES SPECIAL CONDITIONS
3. GENERAL COMMITMENTS
The Contractor accepts and agrees to comply with all terms, provisions, conditions, and commitments of
this contract, including all incorporated documents, and to fulfill all assurances, declarations,
representations, and commitments made by the Contractor in its application, accompanying documents,
and communications filed in support of its request for this Grant.
4. COMPLETION OF PROJECT
The Contractor agrees to expeditiously proceed with and complete the Project in substantial accordance
with the application as submitted.
5. CONTINUING.OBLIGATIONS
The obligations of Sections 6, 7 and 8 below shall survive the Term of this Contract.
6. OPERATION AND MAINTENANCE
The Contractor covenants and agrees to properly staff, operate, and maintain all portions of the Project
during the Project's useful life and in accordance with all applicable state and federal laws, rules and
regulations. In the event that the Contractor assigns or transfers any or all portions of the Project to another
entity, the Contractor shall be responsible to ensure that the assignee or transferee of any or all portions of
the Project shall properly staff, operate and maintain all portions of the Project during its useful life and in
compliance with all applicable state and federal laws, rules and regulations. The Parties to this Agreement
understand and agree that this covenant shall survive the expiration or termination of this Agreement. The
Parties further understand and agree that this covenant is for the benefit of the SWRCB and shall be
enforceable during the useful life of the Project facilities.
Failure at any time to comply with this Section shall be considered a material breach and violation of this
Agreement, and a nonexclusive remedy shall include reimbursement by the Contractor of all grant funds
disbursed under this Agreement, plus accrued prejudgment interest thereon from the date of disbursement of
such funds.
7. PROJECT ACCESS
The Contractor shall insure that the SWRCB, or any Project Representative thereof, has suitable and
reasonable access to the Project site at all reasonable times for the useful life of the Project.
8. REPORTS
The Contractor shall expeditiously provide, during construction or upon completion of the Project and
thereafter during the useful life of the Project, such reports, data, and information as may be reasonably
required by the Division, including but not limited to material necessary or appropriate for evaluation of the
SWRCB program or to fulfill any reporting requirements of the state government.
9. FINAL PROJECT REPORTS; AUDIT
(A) Within 120 days after Project completion, the Contractor shall provide to the Division a final cost
summary report on the Project. The summary shall include, at a minimum, a statement of:
(1) Total Project costs;
(2) Total Project costs eligible for contract funding under the SW RCB's contract program and
this contract;
(3) The total amount of contract funds received;
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City of Newport Beach
SWRCB No.: 01- 079 -550-0
Page 3 of 4
EXHIBIT E — SWRCB CLEAN BEACHES SPECIAL CONDITIONS
(4) The amount of interest earned, if any, on contract funds before disbursement on account
of incurred Project costs. If no interest has been earned, this fact shall be expressly
stated; and
(B) The Division may call for an audit of financial information relative to the Project, where the Division
determines that an audit is desirable to assure program integrity or where necessary because of
federal requirements. Such an audit shall be performed by a Certified Public Accountant
independent of the Contractor and at the cost of the Contractor. The audit shall be in the form
required by the Division.
10. RECORDS
(A) Without limitation of the requirement to maintain Project accounts in accordance with generally
accepted government accounting standards, the Contractor agrees to:
(1) Establish an official Project file that documents all significant actions relative to the
Project;
(2) Establish separate accounts that adequately and accurately depict all amounts received
and expended on the Project, including all contract funds received under this contract;
(3) Establish separate accounts that depict all income received which is attributable to the
Project, specifically including any income attributable to contract funds disbursed under
this contract;
(4) Establish an accounting system that accurately depicts final total costs of the Project,
including both direct and indirect costs;
(5) Establish such accounts and maintain such records as necessary for the State to fulfill
reporting requirements, including any and all reporting requirements under federal tax
statutes or regulations; and
(6) If the Contractor uses its force account for any phase of the Project, other than for
planning, design and construction engineering, and administration provided for by
allowance, the Contractor shall establish accounts which reasonably document all
employee hours charged to the Project and the associated tasks performed by each
employee. Indirect force account costs maybe paid with the SW RCB's prior written
approval.
(B) The Contractor shall require Project contractors and subcontractors to maintain books, records,
and other material relative to the Project in accordance with generally accepted accounting
standards. The Contractor shall require such contractors and subcontractors to retain such
books, records, and other material for a minimum of six years after Project completion. The
Contractor shall require that such books, records, and other material shall be subject at all
reasonable times to inspection, copying, and audit by the SWRCB and by state auditors, or any
Project Representatives thereof.
(C) The Contractor shall retain its Project records for a minimum of six years after Project completion,
and for such longer period as may be required for the State to fulfill federal reporting requirements
under federal tax statutes and regulations. All Contractor records relative to the Project shall be
subject at all reasonable times to inspection, copying and audit by the SWRCB and state auditors,
or any Project Representatives thereof.
(D) All documents required or requested shall be in electronic format.
(E) The Contractor agrees to expeditiously provide, during work on the project and for six years after the
projection completion, such reports, data, information and certifications as may be reasonably
required. Such documents and information shall be provided in electronic format.
• 0
City of Newport Beach
SWRCB No.: 01- 079 -550 -0
Page 4 of 4
EXHIBIT E — SWRCB CLEAN BEACHES SPECIAL CONDITIONS
11. STATE REVIEWS AND INDEMNIFICATION
The parties agree that review or approval of Project plans and specifications by the SWRCB is for
administrative purposes only and does not relieve the Contractor of its responsibility to properly plan,
design, construct, operate, and maintain the Project. As between the SWRCB and the Contractor, the
Contractor agrees that it has sole responsibility for proper planning, design, construction, operation, and
maintenance of the Project, and the Contractor agrees to indemnify the SWRCB, the State of California
and their officers, agents, and employees against and to hold the same free and harmless from any and
all claims, demands, damages, losses, costs, expenses, or liability due or incident to planning, design,
construction, operation, or maintenance of the Project.
12. SWRCB ACTION: COSTS AND ATTORNEY FEES
Any remedy provided in this contract is in addition to and not in derogation of any other legal or equitable
remedy available to the SWRCB as a result of breach of this contract by the Contractor, whether'such
breach occurs before or after completion of the Project. The SWRCB's exercise of any remedy provided
by this contract shall not preclude the SWRCB from pursuing any legal remedy or right otherwise
available. In the event of litigation between the parties hereto arising from this contract, the prevailing
party shall be entitled to such reasonable costs and /or attorney fees as may be ordered by the court
entertaining such litigation.
13. COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor agrees that it shall, at all times, comply with and require its contractors and subcontractors
to comply with all applicable federal and state laws, rules, regulations and guidelines. The Contractor
shall comply with, implement, and fulfill all environmental mitigation measures applicable to the Project.
and which may otherwise be required by this Contract, "CEQA ", and the State CEQA Guidelines.
14. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS
If any breach of any of the provisions of this contract by the Contractor will result in the loss of tax exempt
status for any State bonds, or if such breach will result in an obligation on the part of the State to
reimburse the federal government for any arbitrage profits, the Contractor shall immediately reimburse the
State in an amount equal to any damages paid by or loss incurred by the State due to such breach.
15. CONSTRUCTION ACTIVITIES and NOTIFICATIONS
For construction projects, the Contractor shall promptly notify the SWRCB in writing of:
(1) Any substantial change in scope of the Project. No substantial change in Project scope
may be undertaken until the Contractor provides written notice of the proposed change to
the SWRCB and the SWRCB gives written approval for such change;
(2) Unscheduled cessation of all major construction work on the Project where such
cessation of work is expected to or does extend for a period of 30 days or more;
(3) Any circumstance, combination of circumstances, or condition, which is expected to or
does delay completion of construction for a period of 90 days or more beyond the
estimated date of completion of construction previously provided to the SWRCB;
(4) Completion of construction of the Project.
0
• ITEM 12
C -3g96
7 NEWPORT BEACH CITY COUNCIL��
May 28, 2002 Regular Meeting
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Assistant City Manager
SUBJECT: Clean Beaches Initiative Contract with the State Water Resources
Control Board
RECOMMENDED Authorize the Mayor to execute the attached contract with the State
ACTION: Water Resources Control Board in the amount of $200,000 for projects
under the Clean Beaches Initiative.
BACKGROUND:
MAY 2 8 2002
When the voters of the State of California approved Propositions 12 (the
Parks Bond) and Proposition 13 (the Water Bond) in March 2000, the City
was able to apply for and receive competitive grants for specific projects
in and around Newport Beach. The City accepted these grants in October
2001. One of these grants -- $500,000 worth — came from Governor Davis'
Clean Beaches Initiative (CBI).
CBI projects must follow these guidelines:
• Projects, not Studies. Funds must be spent on specific projects and
structures, not studies of existing problems.
• Reduce Closures and Postings. Dollars spent must result in
reductions of postings and closures of beaches. Health officials keep
this data by beach mile day - a beach mile day refers to a single
closure or posting, its linear distance along the beach, and the day or
days in which the closure or posting endures. Thus, structural
improvements in areas without beaches are generally ineligible.
• Complete Projects ASAP. The State Water Resources Control Board
staff has been persistent in encouraging recipients of the Clean
Beaches Initiative dollars to complete all projects by Summer 2002.
We have proposed using the $200,000 of the $500,000 for the following
projects:
C�
• Page 2
• Circulation Improvements at Newport Dunes and Newport Island.
We did a pilot test of a circulation device at the Dunes in February
and are interested in doing another test around Newport Island; and
Storm Drain to Sewer Diversions at Newport Dunes, including
diverting the remaining two storm drains that enter the Newport
Dunes swimming lagoon; and
• Storm Drain Filters and Screens (with possibly sump pumps) in West
Newport at watersheds draining into Newport Island channels. We
expect General Services Department staff to install these screens (with
Ab Tec brand filters) within 45 days.
As noted, the City Council accepted $500,000 from the State for projects
under this contract. Funding is included in the FY 2001 -02 Capital
Improvement Program (CIP Item 7251- C510096).
ATTACHMENT: Proposed Contract with the State Water Resources Control Board
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD. 213 (Rev D9/01)
•
01- 079 -550 -0
j, This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
State Water Resources Control Board
CONTRACTOR'S NAME
City of Newport Beach
2, The term of this
Agreement is: July 1, 2001 through November 30, 2004
3, The maximum amount $ 200,000.00
of this Agreement is: Two hundred 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
Exhibit A — Scope of Work
Exhibit A -1 — Work to be Performed
Exhibit B — Budget Detail and Payment Provisions
Exhibit C" — General Terms and Conditions
Check mark one item below as Exhibit D:
® Exhibit — D Special Terms and Conditions (Attached hereto as part of this agreement)
❑ Exhibit— D' Special Terms and Conditions
Exhibit E - SWRCB CBI Special Conditions
1 page(s)
7 page(s)
4 page(s)
GTC 201
3 page(s)
4 page(s)
Items shown with an Asterisk ('), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed atwww.dgs.ca.gov /contracts
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of C
Services Use Only
an
of Newport Beach
not type)
Mr. Tod W.
3300 Newport Boulevard
Newport Beach. CA 92658 -8915
STATE OF CALIFORNIA I
State Water Resources Control Board
PRINTED NAME AND TITLE OF PERSON SIGNING ❑
Exempt per
Bill Brown, Chief, Division of Administrative Services
10011 Street, Sacramento, CA 95814
• 0 City of Newport Beach
SW RCB No.: 01- 079 -550-0
Page 1 of 1
EXHIBIT A
SCOPE OF WORK
1. Contractor agrees to provide to the State Water Resources Control Board (SWRCB) subvention
services as described herein:
2. The Contractor shall install two storm drain diversions and perform a water circulation study at
Newport Dunes, and shall install a one -way valve and catch basin inlet fliters in the Channel Park
area of Newport Beach in Orange County California.
3. The project representatives during the term of this agreement will be:
PROJECT REPRESENTATIVES
State Agency: State Water Resources Control Board
Contractor: City of Newport Beach
SWRCB Project Representative:
Christopher Stevens
Project Representative:
Tod W. Ridgeway, Mayor
Phone: 916 341 -5698
Phone: 949 644 -3000
Fax: 916 341 -5707
Fax: 949 644.3020
The SWRCB's Project Representative shall be Christopher Stevens of the Division of Clean Programs.
The SWRCB Project Representative 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 that could be performed by the SWRCB Project Representative under this
agreement. Except as otherwise expressly provided, all communications relative to this agreement shall
be given to the SWRCB Project Representative.
The Project Representative shall be Tod W. Ridgeway, Mayor. The Project Representative shall be the
Contractor's representative for the technical conduct and administration of the agreement and shall have
full authority to act on behalf of the Contractor. All communications given to the Project Representative
shall be binding as if given to the Contractor.
The parties may change their SWRCB Project Representative or Project Representative upon providing
written notice to the other party.
Direct all inquiries to:
State Water Resources Control Board
Contractor's Name
City of Newport Beach
Division of Clean Water Programs
Section /Unit City Manager's Office
Attention: Laura L. Peters
Attention: Dave Kill
Address: 1001 1 Street, 16 In Floor
Sacramento, CA 95814
Address: 3300 Newport Boulevard,
Newport Beach 92658 -8915
Phone: 916 341 -5854
Phone: 949 644 -3002
Fax: 916 341 -5707
Fax: 949 644.3020
4. Detailed description of work to be performed and duties of all parties shall be provided in
accordance to Exhibit A -1 Work To Be Performed which is attached hereto and made part of this
agreement
• r
City of Newport Beach
SW RCB No.: 01- 079 -550 -0 .
Page 1 of 7
EXHIBIT /ht — WORK TO BE PERFORMED
A. BACKGROUND AND GOALS
Newport Bay is an impaired water body listed on the Section 303(d) List for sediment, nutrients, fecal
coliform, and toxics. As a result of weekly testing AB 411 done by the Orange County Health Care
Agency at 35 different sites in Newport Bay and at twelve ocean sites (testing done by the Orange
County Sanitation Agency), Newport Beach and Newport Bay had beach postings covering more
than 550 Beach Mile Days in 2001. Two swimming areas in the Bay accounted for more than 800/6 of
the postings, meaning that high bacteria levels in the waters impaired the public's ability to swim in
and enjoy these areas.
The intent of this project is to reduce bacteria inputs from onshore sources and to increase die -off
rates of on -water sources of bacteria so as to meet REC -1 standards in the Bay and along the
shoreline. At the completion of this Project, the City expects at least a 50% reduction in beach mile
day postings in 2002. It does so by:
Part 1. Installing inlet guards (eg National Inlet Protection) and runoff - retaining valves (eg
TideFfex) in the storm drain network draining into Newport Island's channels along with
increasing maintenance activities at the valves to remove fresh -water runoff before it
enters Newport Bay;
Part 2. Plugging the remaining storm drains at Newport Dunes and automatically pumping flows
from the drains into the sanitary sewer ( "Dunes Diversions');
Part 3. Pilot testing devices (eg inStreem) that increase circulation and aeration in Newport
Dunes and Newport Island, with the potential of permanently installing these devices in a
later phase, if shown to be effective.
A later phase may include installing additional inlet guards and runoff- retaining valves in the storm
drain network draining into other critical parts of the Bay (Bayside Drive, Corona del Mar, the Balboa
Peninsula) should Part 1 of this Project be deemed effective. As noted, a later phase of the Project
could also include permanent installation of circulation /aeration devices (again depending upon the
success of the pilot test).
The Project will combine the resources of the Clean Beaches Initiative with the resources of the City
of Newport Beach (municipality with jurisdiction), the County of Orange's Health Care Agency (water
testing), and the County of Orange's Public Facilities and Resources Department (PF &RD), trustees
of the Newport Dunes tidelands.
B. WORK TO BE PERFORMED
The purpose of this Contract is to plan, design, and implement the Newport Beach CBI Bay /Beach
Improvement Project. The Project includes these major components:
Design, install and operate:
Dunes Diversions. Plugs in the two remaining major storm drains entering the Newport Dunes
Swimming Lagoon, after which flows retained in the system will be pumped via automatic sump
pumps into the sanitary sewer;
Runoff Controls near West Newport Channels. Includes installing up to 30 inlet guards and
three 1- way "Tide -Flex" valves to keep fresh water runoff from mixing with tidal flows. Inlet
guards would keep, debris out of storm drain network, 1 -way valve would catch and hold fresh
water until City vactor crews or a self- contained sump pump (pumping to a sewer fine) can
remove d; and
Circulation Pilot Test. Analyze, via field testing and modeling (using the existing RMA model of
Newport Bay), the reduction in bacteria (if any) when devices that aerate and circulate bay water
are installed in Newport Dunes Swimming Lagoon.
City of Newport Beach
SW RCB No.: 01- 079 -550 -0
Page 2 of 7
EXHIBIT A-1 —WORK TO BE PERFORMED
The Contractor shall be responsible for the performance of the work as set forth herein below and for the
preparation of products and a final report as specified in this Exhibit. The Project Representative shall
promptly notify the SWRCB Project Representative of events or proposed changes that could affect the
scope, budget, or schedule of work performed under this agreement.
Task t. Project Management and Administration
1.1 Provide all technical and administrative services as needed for contract completion; monitor,
supervise and review all work performed; and coordinate budgeting and scheduling to assure that
the contract is completed within budget, on schedule, and in accordance with approved
procedures, applicable laws, and regulations.
1.2 Ensure that the contract requirements are met through completion of quarterly status reports
submitted to the Contract Manager by the 10th of the month following the end of the calendar
quarter (March, June, September, and December) and through regular communication with the
Contract Manager. The progress reports shall describe activities undertaken and
accomplishments of each task during the quarter, milestones achieved, and any problems
encountered in the performance of the work under this contract. The description of activities and
accomplishments of each task during the quarter shall be in sufficient detail to provide a basis for
payment of invoices and shall be translated into percent of task work completed for the purpose of
calculating invoice amounts.
1.3 Disclosure Requirements - Include the following disclosure statement in any document, written
report, or brochure prepared in whole or in part pursuant to this contract:
"Funding for this project has been provided in full or in part through a contract with the
State Water Resources Control Board (SWRCB) pursuant to the Costa - Machado Water
Act of 2000 (Proposition 13) and any amendments thereto for the implementation of
California's Clean Beaches Initiative. The contents of this document do not necessarily
reflect the views and policies of the SWRCB, nor does mention of trade names or
commercial products constitute endorsement or recommendation for use."
The Contractor shall include in each of its subcontracts for work under this contract a provision
that incorporates the requirements stated within this subtask.
1.4 The Contractor and any of its subcontractors shall notify the Contract Manager at least ten (10)
working days prior to any public or media event publicizing the accomplishments and/or results of
this contract and provide the opportunity for attendance and participation by SWRCB
representatives.
1.5 Complete a one -page contract summary form (form to be provided by the SWRCB) within three
months of the contract execution.
1.6 Award subcontract(s) to appropriate organization(s) to perform tasks as outlined in this
agreement. Document steps taken in soliciting and awarding the subcontract and submit them to
the Contract Manager for review. Document all subcontractor activities in quarterly reports.
1.7 Every six months during the life of this contract, the Contractor shall develop and submit to their
assigned SW RCB Program Analyst expenditure /invoice projections to enable funding to be
available for payment of invoices.
1.8 At the completion of this project and prior to final payment, the Project Director shall fill out and
provides project survey form to the Contract Manager.
Task Deliverables : 1.2 Quarterly Progress Reports, 1.5 Contract Summary Form, 1.6 Subcontractor
Documentation, 1.7 Expenditureflnvoice projections, 1.8 Project Survey Form
City of Newport Beach
SWRCB No.: 01- 079 -550.0
Page 3 of 7
EXHIBIT A -1 — WORK TO BE PERFORMED
Task 2: Preliminary Design
2.1 Preliminary Diversion Design. The Project Director shall oversee the preliminary design of the
diversions near the Newport Dunes Swimming Lagoon and its watershed areas.
2.2 Preliminary Valve and Inlet Guard Design. The Project Director shall oversee the preliminary
plans to place up to 30 catch basin inlet guards and three one -way flex valves in the West
Newport stone drain network including the small watersheds that enter the Bay at 43rd Street and
380 Street.
2.3 Circulation Improvement Pilot Project Plan, The Project Director shall oversee a consultant's
design of the Circulation improvement Pilot Project Plan that would show the types of devices
proposed to be installed, the monitoring program post - installation, any water quality modeling, and
that would estimate effectiveness measures of the tested devices.
Task Deliverables : 2.1 -- Preliminary Diversion Design; 2.2 -- Preliminary Valve and Inlet Guard Design;
and 2.3 -- Circulation Improvement Pilot Project Plan.
Task 3: Permits and CEQA Documents
3.1. The Project Director will prepare applicable California Environmental Quality Act (CEQA)
document associated with the Project (found to be exempt under one or more categorical
exemptions) and record with the Orange County Clerk- Recorder's office.
3.2. The Project Director will secure all required permits for project work. No work that is subject to
permitting shall proceed under this contract until documents that satisfy the permitting .
process(es) are received by the Contract Manager. Permits may include (if deemed to be
applicable by permitting agencies):
a. US Army Corps of Engineers Section 404 Permit. Where any part of the Project would
require dredging and filling of wetlandsAvaters of the United States, the contractor will
secure a Corps Section 404 Permit.
b. US Fish and Wildlife Section 7 Permit. if any part of the Project would result in an impact
to any federally listed specials, the contractor will prepare a request for consultation under
Section 7 of the Endangered Species Act with the US Fish and Wildlife Service (US
F &WS).
c. California Regional Water Qualify Control Board, Santa Ana Region. Section 401 Permit.
if determined by Board staff to be applicable, the contractor will prepare and submit a
request for a waiver under Section 401 of the Clean Water Act. Also, if applicable,
prepare and submit a Notice of Intent to conduct work under the General Construction
Activity stormwater permit. Prepare and submit any applicable stormwater pollution
prevention plan associated with the latter permit.
d. California Department of Fish and Game Streambed Alteration Agreemen t. if found to be
applicable, prepare and submit a Streambed Alteration Agreement.
e. California Coastal Commission Coastal Development Permit If found to be applicable,
after receiving an approval in concept" (AIC) from the City of Newport Beach, prepare
and submit application for a Coastal Development Permit.
f County of Orange Encroachment Permit. Installation of any diversion device in the
Newport Dunes Swimming Lagoon will likely require an Encroachment Permit from the
County of Orange.
g. City of Newport Beach Approval in Concept (AIC) and Encroachment Permit. If found to
be applicable, prepare and submit a request for an AiC (see above) and an
Encroachment Permit from the City of Newport Beach for any construction activity on
publicly -owned land or right -of -way.
City of Newport Beach
SWRCB No.: 01- 079 -550 -0
Page 4 of 7
EXHIBIT A-1 — WORK TO BE PERFORMED
h, manna County Sanitation District (OCSO) Diversion Permit and Agreement. Any
proposal to divert dry- weather flows into the Orange County Sanitation District's treatment
facilities or collection system requires a Diversion Permit and an Agreement to Divert Dry
Weather Flows.
3.3 The Project Director will provide liaison with the above - listed agencies to answer questions,
coordinate field visits, secure permits, and incorporate any mitigation measures as outlined in the
permit conditions.
Task Deliverables: 3.1 CEQA Documentation; 3.2 Applicable Permits.
Task 4: Final Project Engineering
Contractor will oversee Final Project Engineering to prepare construction documents that will allow the
construction and implementation of Project components. Contractor will hire a consultant to prepare the
construction documents needed for the Project. Contractor shall cause the work to be done through
consultants on reports, drawings, and specifications necessary to prepare final construction documents
needed for the Project.
4.1 Project Review: Contractor or consultant(s) will review the existing preliminary design work for the
Project, conduct a kick -off meeting and present a tentative time schedule and agreed -upon scope
of work. The following tasks will be considered for the Project Review:
• Appropriate location, capacity (in gallons per minute), shut -off controls, and anti - debris grating
of diversions near Dunes lagoon;
• Appropriate locations, sizing, and maintenance schedule for inlet guards and one -way valves
in West Newport channel watersheds (43d Street and 3EP Street);
• Scope, duration, quality control, and water quality monitoring of Circulation Pilot Test;
• A long -term maintenance plan for the diversions and West Newport runoff control measures;
• Development of a concise public participation plan to ensure public comment and review of
the plans and designs and public acceptance for the Project goals.
4.2 Field Survey and Hydrology Review. Perform field survey work as required to complete the
design work. Hydrological and geotechnical services, if applicable, may include both field and
laboratory services and preparation of a final Survey report with design recommendations.
4.3 Preparation and Approval of Predesign Technical Memorandum. Prepare (and approve) a pre -
design technical memorandum to verify the project concept and direction. The Memorandum may
include any or all aspects of Part 4.1 (above).
4.4 Preparation of Contract Documents /Authorize Contract to be Let for Bid. Prepare contract
documents (construction plans, specifications, and final cost estimate) for the Project in
accordance with City of Newport Beach standards. Project will consist of the features described
in the Predesign Technical Memorandum as approved by the Contract Manager. Let the Contract
for bid per the City's standards.
4.5 Assistance with Bidding/Recommendation to City Council. Provide assistance to the City during
the bidding period to answer questions, preparing any addenda to the Contract, and preparing a
staff report with recommendation to the City Council on the award of the Project.
Task Deliverables: 4.1 — Tentative Time Schedule and Tentative Scope of Work; 4.2 — Field Survey and
Hydrology Products; 4.3 — Pre- design Technical Memorandum; 4.4 — Contract Document; 4.5 —
Council Staff Report
Task 5. Project Construct/oWProject lmplementatlon
10
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City of Newport Beach
SW RCB No.: 01.079 -550.0
Page 5 of 7
EXHIBIT A -1 - WORK TO BE PERFORMED
5.1 City Council will select a contractor (using lowest responsible bidder) to complete all or portions of
the Project. Mayor will execute final contract.
5.2 Contactor will implement/construct storm drain to sewer diversions and West Newport runoff
retention devices (flex valves and inlet guards). The following is a preliminary outline of the
construction methods to be used by the contractor for Project construction. Contractor will refine
this process further after completion of Pre- design Technical Memorandum. The Contractor or
construction manager will finalize the timing and sequencing of the construction:
• Grade and/or excavate diversion sites;
• Install diversions, including plugs, pumps, debris grating and shut -off mechanism (for shut -off
during wet weather events);
• Replacement of excavated soils;
• Installation of valves and inlet guards;
5.3 Contractor (for Circulation Pilot Test) will implement study outline, including:
• Assist vendors with the installation of circulation device(s);
• Coordinate effectiveness review and monitoring plan;
• Coordinate analysis of water quality test data; and
• Model alternatives in other critical Bay sites, where appropriate (including Newport Island
channels);
Task Deliverables: 5.1 — Executed Contract; 5.2 — Photos from completed project and as -built drawings;
5.3 -- Completed Analysis, including summary of Pilot Test, of Circulation /Aeration Study;
Task 6: Quality Assurance Project Plan (QAPP)
6.1 Contractor will prepare and maintain a Quality Assurance Project Plan (QAPP) in accordance with
the requirements included in Section 8. The QAPP shall be approved by the SWRCB QAPP
officer prior to the implementation of any sampling or monitoring activities.
Task Deliverable: 6.1 Approved QAPP
TASK 7: MONITORING AND REPORTING PLAN
7.1 Contractor will prepare (and submit to the SW RCB for the Contract Manager's approval) a
Monitoring and Reporting Plan (MRP) consistent with Water Code § 79148.8(d). The plan shall
address the following information:
• A water quality baseline;
• Identification of one or more likely sources of non -point source pollution in the Newport Bay,
with additional specificity as to sources near Newport Island channels and Newport Dunes
swimming lagoon;
• A summary of the expected water quality benefits and the implementation methods of the
runoff retention devices, diversions, and circulation /aeration devices.
• Measurement of the effectiveness (pre- and post - Project) of the Project's components in
preventing or reducing water quality impairments in Newport Bay and, where applicable,
Newport Beach's ocean beaches.
Task Deliverable: 7.1 Approved Monitoring and Reporting Plan
C. SCHEDULE OF COMPLETION DATES
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City of Newport Beach
SWRCB No.: 01- 079 -550 -0
Page 6 of 7
EXHIBIT A-1 — WORK TO BE PERFORMED
Task iSubtaskl
Deliverable Completion Date
1 Pro eot Management
and Administration
1.2
10vartery Reports
March 2002/quaterly
thereafter
1.5
lContract Summary
March, 2002
1.7
1 Expenditure Projections
July 2002/semi- annually
thereafter
1.8
[Project Survey Form
August 15, 2004
2 Preliminary Design
2.1
Prelimina Diversion Desi
May, 2002
2.2
Prelimina Valve and Inlet Guard Design
May, 2002
2.3
ICirculation Improvement Pilot Project Plan
March, 2002
3 Permits and CEOA Documents
3.1
Recorded Categorical Exemption or Neg Dec
December, 2001
3.2
Corps 404 Permit
April, 2002
32
US Fish and Wildlife Permit
April, 2002
3.2
Regional Board Section 401 Permit
April, 2002
3.2
County of Orange Encroachment Permit
April, 2002
3.2
City of Newport Beach AIC and Encroachment Permit
April, 2002
3.2
DF &G Streambed Alteration Agreement
April, 2002
3.2
Coastal Commission CDP
May, 2002
3.2
OCSD Diversion Permit/Diversion Agreement
June, 2002
4 Final Pro
ject Engineering
4.1
Tentative Time Schedule/Soope of Work
May, 2002
4.2
Hydrology and Other Surveys
May, 2002
4.3
Predesign Technical Memorandum
May, 2002
4.4
Preliminary Contract
June, 2002
4.5
City Council Staff Report
June, 2002
5 Project Construction/Project Implementation
5.1
1 Executed Contract (Circulation/Aeration Pilot Test )
April, 2002
5.3
1 Com eted Analysis of Circ/Aer Pilot Test
May, 2002
5.1
Executed Contract (Diversions & RRDs)
June, 2002
5.2
Photos/As -Built Drawings (Diversions & RRDs)
July 2002 - April 2003
6 Oualit Assurance Pro ect Plan
6.1 Appro ved OAPP July, 2002
7 Monitorl Plan
7.1 roR nd Reporting Plan July; 2002
RRDs =Runoff Retention Devices
City of Newport Beach
SWRCB No.: 01. 079 -550-0
Page 7 of 7
EXHIBIT A -1 —WORK TO BE PERFORMED
D. REPORTS
1. The Project Representative shall submit a quarterly progress report to the SWRCB Project
Representative 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. The description of activities and accomplishments of each task during the quarter
shall contain sufficient detail to provide a basis for payment of invoices and shall be translated into
percent of task work completed for the purpose of calculating invoice amounts.
2. The invoice shall include a copy of the progress report. If the progress report does not accompany
the invoice, the invoice shall not be deemed complete until a copy of the progress report is received.
3. The Project Representative shall submit to the SWRCB Project Representative one reproducible
master and two (2) copies of a draft report describing the work performed pursuant to Section B of this
Exhibit for review and comment.
4. The SWRCB Project Representative shall submit final comments on the draft report to the Project
Representative.
5. The Project Representative shall submit to the SWRCB Project Representative for approval one
reproducible master and two (2) Copies of the final report containing the results of the work performed
and addressing the comments submitted to the Project Representative by the SWRCB Project
Representative. The report shall not be considered final until accepted and approved by the SWRCB
Project Representative.
E. SPECIAL MITIGATION MEASURES
(X) No special mitigation measures are attached to this grant. or
[ ) Special mitigation measures that must be complied with are as follows:.
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EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
INVOICING AND PAYMENT
0
City of Newport Beach
SWRCB No.: 01.079 -550 -0
Page 1 of 4
For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees
to compensate the Contractor for actual expenditures incurred in accordance with the rates
specified herein, which is attached hereto and made a part of this Agreement.
A. Invoices shall include the Agreement Number and shall be submitted in triplicate not more
frequently than quarterly in arrears to:
Laura L. Peters
State Water Resources Control Board
1001 1 Street, 16m Floor
Sacramento, CA 95814
B. Payments will be on a cost incurred basis, upon receipt of an undisputed invoice and
completed "Request for Disbursement ", SWRCB Form 262 submitted in accordance with
the instructions contained herein. Invoices received by the SWRCB Project
Representative that are not consistent with this format will be cause for an invoice to be
disputed. in the event of an invoice dispute the SWRCB Project Representative shall
notify Contractor by Initiating a Standard Form 209 INVOICE DISPUTE NOTIFICATION.
Payment will not be made until the dispute has been resolved and a corrected invoice
submitted. The SWRCB Project Representative is required to approve all invoices for
reimbursement. Only invoices for costs incurred after July 1, 2001, with all appropriate
backup documents (supporting itemized invoice) attached will be approved.
The invoices shall include the following information:
a. The word "Invoice" should appear in a prominent location at the top of the
page(s) and include a sequential number.
b. Printed name of the Contractor.
C. Business address of the Contractor, including P.O. Box, City, State, and Zip
Code;
d. "Bill To" is SWRCB;
e. The date of the invoice;
I. The contract number upon which the claim is based;
g. An itemized account of the services by task for which the SWRCB is being billed;
h. Include an itemized account of "in -kind" grant match or "dollar" grant match
including what percent the match represents of the total grant match obligation;
and
i. Printed on Original Contractor Letterhead or original signature by the Contractor's
Administrative Officer or designee.
j. The invoice must show the time period actually being billed. Quarterly invoices
must be based on the calendar quarter (ending in March, June, September, and
December).
City of Newport Beach
SWRCB No.: 01- 079.550 -0
Page 2 of 4
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
C. Computing the Amount Due
Payment will be made upon submittal of an invoice which details the percentage of each
task completed based on work not dollars spent. Notwithstanding any other provision of
this contract, the Contractor agrees that the SWRCB may retain an amount equal to ten
percent of the grant amount specified in this contract until completion of the Project to the
satisfaction of the Division. Any retained amounts due to the Contractor will be promptly
disbursed to the Contractor, without interest, upon completion of the Project.
D. Matching Funds
If projects include capital costs, the project applicant shall identify those costs. The local
matching contribution required by subdivision (f) of Section 79148.8 of the Water Code
may be satisfied by in -kind match that meets all or a portion of local cost share required
by subdivision (f) of Section 79148.8 of the Water Code. For the purposes of determining
the capital cost of the Project, the in -kind match shall be included in the total project cost.
The "Contractor" shall provide a matching contribution for the portion of the project
consisting of capital expenditures for construction, according to the following formula:
Project Capital Cost = Capital Cost Match by Recipient
$1,000,000 to $5,000,000, inclusive = 20%
$125,000 to $999,999, inclusive = 15%
$1 to $124,999, inclusive = 100/6
E. Final Invoice
The final invoice should include the amount of the remainder of the contract work. The
invoice must be clearly marked FINAL INVOICE.
F. Backup Documents
It is necessary to provide monthly /quarterly reports, task products due, and vendor
invoices for the purchase of equipment (items over $5000) as attachments to the
invoices. You must, however, keep copies of all vendor invoices, timesheets, and any
other documents related to the project for future audit purposes.
G. Payment of Project Costs
Contractor agrees that it shall provide for payment of its full share of the Project costs. Ali
costs and payments for the Project shall be paid by the Contractor promptly and in
compliance with all applicable laws.
H. Withholdina of Grant Disbursements
The SWRCB may withhold all or any portion of the grant funds provided for by this
contract in the event that:
(1) The Contractor has materially violated, or threatens to materially violate, any
term, provision, condition, or commitment of this contract;
(2) The Contractor fails to maintain reasonable progress toward completion of the
Project.
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City of Newport Beach
SW RCB No.: 01-079 -550 -0
Page 3 of 4
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
Fiscal Manaaement Systems and Accounting Standards
The Contractor shall comply with state standards for financial management systems. At a
minimum, the Contractor's fiscal control and accounting procedures shall permit
preparation of reports required by the state and tracking of grant funds to a level of
expenditure adequate to establish that such funds have not been used in violation of state
law or the terms of this contract. The Contractor shall maintain separate Project accounts
in accordance with generally accepted government accounting standards.
2. LIMITATION OF FUNDING:
The maximum amount to be encumbered under this agreement for the 2001 fiscal year ending
June 30, 2002 shall not exceed $200,000.
3. BUDGET CONTINGENCY CLAUSE
A. It is mutually agreed that if the Budget Act of 2001/02 and/or any subsequent years
covered under this Agreement does not appropriate sufficient funds for the program, this
Agreement shall be of no further force and effect. In this event, the State shall have no
liability to pay any funds whatsoever to Contractor or to furnish any other considerations
under this Agreement and the Contractor shall not be obligated to perform any provisions
of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act 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 agreement amendment to Contractor to reflect the
reduced amount.
4. BUDGET
A. Task Budget
Task
Description
CBI
Citv Match
Total
1
Pro ect Mana ement & Administration
0
$20,000
$20.000
2
Preliminary Design Pilot Test & RDDs & Diversions
$44,000
0
$44,000
3
Permits and CEOA Documents
$2,000
0
$2,000
4
Final Pro' ct En ineerin RRDs & Diversions
000
$20,000
5
Project onstruction /Im lement tion RRDs & Diversions
$133,000
$5,200
$138,200
6
QAPP
$1.01 0
0
1,000
7
Monitorin and Re ortin Plan
0
0
0
Phase !
I TOTALS
$200.0001
$25,2001
$225,200
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City of Newport Beach
SW RCB No.: 01- 079 -550.0
Page 4 of 4
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
B. Line item Budget
Item No.
Item Description
CBI
City Match'
Total
1
City Personnel Services x1.3 benefits
$25,200
$25,200
Hours ACMrro'eot Director $551hr x 80 hr
Hours Sr. Civil En ineer $50/hrx 265 hr
Hours Field Maintenance Worker M ($27/hr x
65 hr
2
Operating Expenses
$2,000
$0
$2,000
-- Includes Permit Fees, Pnntin , Postage
3
Construction/implementation
$133,000
$0
$133,000
-- Includes construction management,
contingency, installation, RRDs, Diversions.
4
Consultant Services
$65,000
$0
$65,000
For CirclAeration to , prelim an
final engineering, monitoring, QAPP, more.
-�TOTALSI
Phase I
$200,000
$25,200
225,200
Circulation /Aeration Study is exempt from the match requirement. The match is based on the $168,000
construction project.
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EXHIBIT D
SPECIAL TERMS AND CONDITIONS
0
City of Newport Beach
SWRCB No.: 01- 079 -550 -0
Page 1 of 3
1. 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 SWRCB
Project Representative, who shall reduce such decision to writing and mail or otherwise furnish a
copy thereof to the Contractor. The decision of the SWRCB Project Representative shall be final and
conclusive unless, within 15 calendar days from the date of receipt of such copy, the Contractor
malls or otherwise delivers a written appeal to the State's Executive Director. The decision of the
State's Executive Director, or Project 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 SWRCB Project Representative unless the
Contractor has received notice of termination. Decisions on any disputes hereunder may include
decisions of both fact and law; provided, 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 et 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. 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 SWRCB Project Representative 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 SWRCB Project Representative.
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.
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City of Newport Beach
SWRCB No,: 01- 079 -550 -0
Page 2 of 3
EXHIBIT D— SPECIAL TERMS AND CONDITIONS
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)
5. 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.
6. Priority Hiring Considerations: Contractor shall give priority consideration in filling vacancies in
positions funded by this Agreement to qualified recipients of aid under Chapter 2 (commencing with
Section 11200) of Part 3 of Division 9 of the California Welfare and Institutions Code in accordance
with Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare
and Institution Code. (PCC 10353 W &I 11200, 11349, 2CCR, 1896.30 SCM 5.3)
7. 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. It the Contractor intends to dispute the change,
the Contractor must, within ten days after receipt of a written "contract modification", submit to the
SWRCB a written statement setting forth the disagreement with the change.
8. Termination: Notwithstanding the provisions of the Department of General Services General Terms
and Conditions (GTC). This contract may be terminated by written notice at any time prior to
completion of the Project, at the option of the SWRCB, upon violation by the Grantee of any material
provision of this contract after such violation has been called to the attention of the Grantee and after
failure of the Grantee to bring itself into compliance with the provisions of this contract within a
reasonable time as established by the Division. In the event of such termination, the Grantee
agrees, upon demand, to immediately repay to the SWRCB an amount equal to the amount of grant
funds disbursed to the Grantee prior to such termination. In the event of termination, interest shall
accrue on all amounts due at the highest legal rate of interest from the date that notice of termination
is mailed to the Grantee to the date of full repayment by the Grantee,
9. Budget Flexibility: Subject to the prior review and approval of the SWRCB Project.
Representative, line item shifts of up to $25,000 or ten percent of the annual contract total, whichever
is less, may be made up to a cumulative maximum of $50,000 per fiscal year. Line item shifts may
be proposed/requested by either the State Water Board or the Contractor in writing and must not
increase or decrease the total contract amount allocated per fiscal year.
10. Computer Software: Contractor certifies that it has appropriate systems and controls in place to
ensure that State funds will not be used in performance of this contract for the acquisition, operation
or maintenance of computer software in violation of copyright laws.
11. Union Organizing Contractor, by signing this agreement, hereby acknowledges the applicability of
Government Code 16645 through 16649 to this agreement. Furthermore, Contractor, by signing this
agreement, here by certifies that:
1) No state funds disbursed by this grant will be used to assist, promote or deter union organizing.
2) Contractor shall account for state funds disbursed for a specific expenditure by this grant, to show
those funds were allocated to that expenditure.
City of Newport Beach
SW RCB No.: 01- 079 -550.0
Page 3 of 3
EXHIBIT D— SPECIAL TERMS AND CONDITIONS
3) Contractor shall, where state funds are not designated as described in Department of General
Services "General Terms and Conditions ". (GTC) Item 18, (b), allocate, on a pro -rata basis, all
disbursements that support the grant program.
4) If Contractor makes expenditures to assist, promote or deter union organizing, Contractor will
maintain records sufficient to show that no state funds were used for those expenditures, and that
Contractor shall provide those records to the Attorney General upon request.
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City of Newport Beach
SWRCB No.: 01- 079 -550 -0
Page 1 of 4
EXHIBIT E
SWRCB CBI SPECIAL CONDITIONS
1. BOND TERMS
(A) Work performed under this contract shall protect the beneficial uses of the coastal waters
throughout the State.
(B) The Project has been the subject of consultation between the SWRCB, the Calffomia Coastal
Commission, and the Beach Water Quality Task Force.
(C) The Project demonstrates the ability to produce sustained benefits for 20 years.
(D) The Project addresses the causes for the pollution, rather than the symptoms.
(E) The Project shall be consistent with existing water quality and resources protection plans.
(F) The Contractor has submitted a Monitoring and Reporting Plan.
(G) The Contractor has included a matching contribution for the capital expenditures for construction.
(H) The Contractor has informed the SWRCB of the permits necessary to complete the Project.
(1) The Project is consistent with recovery plans for coho salmon, steelhead, or trout.
(J) The Project has been the subject of public review.
2. DEFINITIONS
(A) "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to
help defray the planning, design, construction, engineering, and administration costs of the
Project.
(B) "Project Representative" means the Mayor of a City, the Chairperson of the County Board of
Supervisors, the Chairperson of the Board of Directors of the Contractor, or another duly
appointed representative. For all Project Representatives, a certified original copy of the
authorizing resolution that designates the Project Representative by title, shall accompany any
contract, the first payment request, and any other documents or requests required or allowed
under this contract.
(C) "Change in the scope of the Project' means any change from the Project description in the Project
Authorization Package.
(D) "Completion of construction" means the date, as determined by the Division after consultation with
the Contractor, that the work of building and erection of the Project is substantially complete.
(E) "Contractor" means the City of Newport Beach.
(F) "Force account' means the Contractor's own employees or equipment used for Project
construction.
(G) "Initiation of construction" means the date that notice to proceed with work is issued for the Project
or, if notice to proceed is not required, the date of commencement of building and erection of the
Project.
(H) "Project completion" means the date, as determined by the Division after consultation with the
Contractor, that operation of the Project is or is capable of being initiated, whichever comes first.
(1) "SWRCB" means the State Water Resources Control Board.
(J) "Useful life of project" means 20 years from and after Project completion.
City of Newport Beach
SWRCB No.: 01 -079-550-0
Page 2 of 4
EXHIBIT E — SWRCB CLEAN BEACHES SPECIAL CONDITIONS
3. GENERAL COMMITMENTS
The Contractor accepts and agrees to comply with all terms, provisions, conditions, and commitments of
this contract, including all incorporated documents, and to fulfill all assurances, declarations,
representations, and commitments made by the Contractor in its application, accompanying documents,
and communications filed in support of its request for this Grant.
4. COMPLETION OF PROJECT
The Contractor agrees to expeditiously proceed with and complete the Project in substantial accordance
with the application as submitted.
5. CONTINUING OBLIGATIONS
The obligations of Sections 6, 7 and 8 below shall survive the Term of this Contract.
6. OPERATION AND MAINTENANCE
The Contractor covenants and agrees to properly staff, operate, and maintain all portions of the Project
during the Project's useful life and in accordance with all applicable state and federal laws, rules and
regulations. In the event that the Contractor assigns or transfers any or all portions of the Project to another
entity, the Contractor shall be responsible to ensure that the assignee or transferee of any or all portions of
the Project shall properly staff, operate and maintain all portions of the Project during its useful life and in
compliance with all applicable state and federal laws, rules and regulations. The Parties to this Agreement
understand and agree that this covenant shall survive the expiration or termination of this Agreement. The
Parties further understand and agree that this covenant is for the benefit of the SWRCB and shall be
enforceable during the useful life of the Project facilities.
Failure at any time to comply with this Section shall be considered a material breach and violation of this
Agreement, and a nonexclusive remedy shall include reimbursement by the Contractor of all grant funds
disbursed under this Agreement, plus accrued prejudgment interest thereon from the date of disbursement of
suchfunds.
7. PROJECT ACCESS
The Contractor shall insure that the SWRCB, or any Project Representative thereof, has suitable and
reasonable access to the Project site at all reasonable times for the useful life of the Project.
8. REPORTS
The Contractor shall expeditiously provide, during construction or upon completion of the Project and
thereafter during the useful life of the Project, such reports, data, and information as may be reasonably
required by the Division, including but not limited to material necessary or appropriate for evaluation of the
SWRCB program or to fulfill any reporting requirements of the state government.
9. FINAL PROJECT REPORTS; AUDIT
(A) Within 120 days after Project completion, the Contractor shall provide to the Division a final cost
summary report on the Project. The summary shall include, at a minimum, a statement of:
(1) Total Project costs;
(2) Total Project costs eligible for contract funding under the SW PCB's contract program and
this contract;
(3) The total amount of contract funds received;
City of Newport Beach
SWRCB No.: 01- 079 -550-0
Page 3 of 4
EXHIBIT E — SWRCB CLEAN BEACHES SPECIAL CONDITIONS
(4) The amount of interest earned, if any, on contract funds before disbursement on account
of incurred Project costs. If no interest has been earned, this fact shall be expressly
stated; and
(B) The Division may call for an audit of financial information relative to the Project, where the Division
determines that an audit is desirable to assure program integrity or where necessary because of
federal requirements. Such an audit shall be performed by a Certified Public Accountant
independent of the Contractor and at the cost of the Contractor. The audit shall be in the form
required by the Division.
10. RECORDS
(A) Without limitation of the requirement to maintain Project accounts in accordance with generally
accepted government accounting standards, the Contractor agrees to:
(1) Establish an official Project file that documents all significant actions relative to the
Project;
(2) Establish separate accounts that adequately and accurately depict all amounts received
and expended on the Project, including all contract funds received under this contract;
(3) Establish separate accounts that depict all income received which is attributable to the
Project, specifically including any income attributable to contract funds disbursed under
this contract;
(4) Establish an accounting system that accurately depicts final total costs of the Project,
including both direct and indirect costs;
(5) Establish such accounts and maintain such records as necessary for the State to fulfill
reporting requirements, including any and all reporting requirements under federal tax
statutes or regulations; and
(6) If the Contractor uses its force account for any phase of the Project, other than for
planning, design and construction engineering, and administration provided for by
allowance, the Contractor shall establish accounts which reasonably document all
employee hours charged to the Project and the associated tasks performed by each
employee. Indirect force account costs may be paid with the SW RCB's prior written
approval.
(B) The Contractor shall require Project contractors and subcontractors to maintain books, records,
and other material relative to the Project in accordance with generally accepted accounting
standards. The Contractor shall require such contractors and subcontractors to retain such
books, records, and other material for a minimum of six years after Project completion. The
Contractor shall require that such books, records, and other material shall be subject at all
reasonable times to inspection, copying, and audit by the SWRCB and by state auditors, or any
Project Representatives thereof.
(C) The Contractor shall retain its Project records for a minimum of six years after Project completion,
and for such longer period as may be required for the State to fulfill federal reporting requirements
under federal tax statutes and regulations. All Contractor records relative to the Project shall be
subject at all reasonable times to inspection, copying and audit by the SWRCB and state auditors,
or any Project Representatives thereof.
(D) All documents required or requested shall be in electronic format.
(E) The Contractor agrees to expeditiously provide, during work on the project and for six years after the
projection completion, such reports, data, information and certifications as may be reasonably
required. Such documents and information shall be provided in electronic format.
0 0
City of Newport Beach
SWRCB No.: 01- 079 -550-0
Page 4 of 4
EXHIBIT E — SWRCB CLEAN BEACHES SPECIAL CONDITIONS
11. STATE REVIEWS AND INDEMNIFICATION
The parties agree that review or approval of Project plans and specifications by the SWRCB is for
administrative purposes only and does not relieve the Contractor of its responsibility to properly plan,
design, construct, operate, and maintain the Project. As between the SWRCB and the Contractor, the
Contractor agrees that it has sole responsibility for proper planning, design, construction, operation, and
maintenance of the Project, and the Contractor agrees to indemnify the SWRCB, the State of California
and their officers, agents, and employees against and to hold the same free and harmless from any and
all claims, demands, damages, losses, costs, expenses, or liability due or incident to planning, design,
construction, operation, or maintenance of the Project.
12. SWRCB ACTION: COSTS AND ATTORNEY FEES
Any remedy provided in this contract is in addition to and not in derogation of any other legal or equitable
remedy available to the SWRCB as a result of breach of this contract by the Contractor, whether such
breach occurs before or after completion of the Project. The SWRCB's exercise of any remedy provided
by this contract shall not preclude the SWRCB from pursuing any legal remedy or right otherwise
available. In the event of litigation between the parties hereto arising from this contract, the prevailing
party shall be entitled to such reasonable costs and /or attorney fees as may be ordered by the court
entertaining such litigation.
13. COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor agrees that it shall, at all times, comply with and require its contractors and subcontractors
to comply with all applicable federal and state laws, rules, regulations and guidelines. The Contractor
shall comply with, implement, and fulfill all environmental mitigation measures applicable to the Project,
and which may otherwise be required by this Contract, "CEQA ", and the State CEQA Guidelines.
14. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS
If any breach of any of the provisions of this contract by the Contractor will result in the loss of tax exempt
status for any State bonds, or if such breach will result in an obligation on the part of the State to
reimburse the federal government for any arbitrage profits, the Contractor shall immediately reimburse the
State in an amount equal to any damages paid by or loss incurred by the State due to such breach.
15. CONSTRUCTION ACTIVITIES and NOTIFICATIONS
For construction projects, the Contractor shall promptly notify the SWRCB in writing of:
(1) Any substantial change in scope of the Project. No substantial change in Project scope
may be undertaken until the Contractor provides written notice of the proposed change to
the SWRCB and the SWRCB gives written approval for such change;
(2) Unscheduled cessation of all major construction work on the Project where such
cessation of work is expected to or does extend for a period of 30 days or more;
(3) Any circumstance, combination of circumstances, or condition, which is expected to or
does delay completion of construction for a period of 90 days or more beyond the
estimated date of completion of construction previously provided to the SWRCB;
(4) Completion of construction of the Project.
ITEM 12
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Assistant City Manager
SUBJECT: Resolution 2001 -_ Relating to the Receipt of State Grants: Buck Gully,
Big Corona, Clean Beaches Initiative, Water Quality Tests
RECOMMENDED (1) Adopt Resolution 2001 -_ authorizing the Mayor to accept four State grants
ACTIONS: as follows:
(a) $222,025 from Proposition 13 for restoration and water quality
improvements in Buck Gully;
(b) $479,000 from Proposition 12 for visitor - serving improvements at Corona
del Mar State Beach (Big Corona);
(c) $500,000 from Governor Davis' Clean Beaches Initiative for projects that
reduce beach postings and closures in Newport Bay and along Newport
Beach's ocean beaches;
(d) $400,000 for water quality testing and studies associated with the Fecal
Coliform TMDL;
(2) Authorize the City Manager to include these grants and related scopes of
work for each project in the City's FY 2001 -02 Capital Improvement Program
(CIP); and
(3) Approve Budget Amendment (BA# ) incorporating the grants into the
FY 2001 -02 CIP.
BACKGROUND: When the voters of the State of California approved Propositions 12 (the Parks
Bond) and Proposition 13 (the Water Bond) in March 2000, the City was able to
apply for and receive competitive grants for specific projects in and around
Newport Beach, including Buck Gully and Big Corona. We were also pleased to
learn that our less - formal applications for grants for water quality testing and for
funding under the new Clean Beaches Initiative were approved as a part of the
FY 2001 -02 State Budget.
Here is a summary of the grant projects (also summarized in Attachment B):
(1) Buck Gully. Orange County CoastKeeper and the Newport Beach chapter
of the Surfrider Foundation were successful in developing a grant
application under the Water Bond for a restoration project in Buck Gully.
The scope of work for this $261,200 project (which includes $39,075 in City-
provided matching funds) was as follows:
• Reduce Flows. Reduce the fresh -water flows to the level appropriate for a semi-
arid seasonal streambed. Educate the surrounding residents and commercial
property owners as to ways they can reduce irrigation overflow and seepage.
Establish a dry- weather diversion system near PCH to put excess flows into the
sanitary sewer or to enable the marketing of excess flows to high -use irrigators
(like golf courses).
• Clean Up Flows that Remain. Establish natural water quality wetlands to treat
flows that remain. Develop a series of 2 -3 basins in Upper Buck Gully to slow
down fresh water flows to allow any bacteria in the flows to be killed by natural
treatment processes, including exposure to sunlight.
• Restore Habitat. Restore as much of the natural habitat as possible. Encourage
surrounding property owners to replace irrigation- intensive landscaping with
landscaping reflective of a semi -arid seasonal streambed. Hire a landscape
architect to develop a model slopescape plan for the Gully.
(2) Big Corona. California State Parks was eligible for about $20 million in
grants from the Parks Bond for sub- granting to their locally- operated units.
The City is a local operator of Corona Del Mar State Beach on behalf of
California State Parks. Working with State Parks, the City applied for and
received $479,000 for visitor - serving improvements at Big Corona. This
amount from Proposition 12 would match another $479,000 contributed by
the City and directed towards Big Corona via the settlement of the American
Trader Oil Spill. Therefore, $958,000 is available to the City to improve the
40- and 50 -year old amenities at Big Corona.
The scope of work for this grant is as follows:
• Improve Amenities. Replace shade structures, improve or replace concession
area, landscaping, picnic areas, and more. Improve or replace restrooms.
• Interpretation. Include educational signage that informs visitors and other beach
users about area marine life refuges.
• Lifeguard Facilities. Include (with any concession improvement) treatment area
for rescues and equipment storage area for Newport Beach lifeguards.
(3) Clean Beaches Initiative. Governor Davis and the State Legislature
included about $35 million in the FY 2001 -02 State Budget for structural
projects (not studies) that would directly lead to a reduction in beach
closures and beach postings along California's shoreline. Newport Beach, in
cooperation with the County of Orange, told the State Water Resources
Control Board that the City could . spend about $500,000 in structural on-
shore improvements - like dry weather diversions - in areas of Newport Bay
and our shoreline frequented by beachgoers.
The restrictions on Clean Beaches Initiative dollars are as follows:
• Projects, not Studies. Funds must be spent on specific projects and structures,
not studies of existing problems;
• Reduce Closures and Postings. Dollars spent must result in reductions of
postings and closures of beaches. Health officials keep this data by beach mile
day - a beach mile day refers to .h single closure or posting, its linear distance
along the beach, and the day or days in which the closure or posting endures).
For more information about beach mile days and Newport Beach, see
Attachment C). Thus, structural improvements in areas without beaches are
generally ineligible.
• Complete Projects ASAP. The State Water Resources Control Board staff has
been persistent in encouraging recipients of the Clean Beaches Initiative dollars
to complete all projects by the start of the 2002 swim season.
The City has initially proposed using the $500,000 in Clean Beaches Initiative
dollars for the following projects (each proposal is subject to further review
by the Public Works and General Services departments). In proposing these
specific projects, we assume that our beach closures and postings are caused
primarily by (1) contaminated dry- weather runoff and secondarily by (2)
leaking pump -a -heads in the harbor.
• Dry Weather Diversions from the storm drain to the sanitary sewer at:
- Harbor Patrol Beach (diverting the storm drain that drains Fashion Island and
portions of Corona del Mar)
- Little Corona (diverting flows from Buck Gully - note that revenue from the
Clean Beaches Initiative can be used in tandem with funds from other grant
sources, including Proposition 13).
- Newport Dunes (diverting the remaining two storm drains that enter the
Newport Dunes swimming lagoon).
• One -Way Storm Drain Valves (and sump pumps) at:
- Channel Place Park (near Newport Island)
- Arches Interchange (with the assumption that contaminated runoff from the
Old Newport Boulevard area /Costa Mesa watershed may end up around
Newport Island due to tidal action)
• Pump -a -head upgrades (to Sani - Sailors or similar) at any beach- adjacent site in
the lower or upper bay which has the older Kelco diaphragm pumpouts.
(4) Water Quality Tests. Staff from the California Regional Water Quality
Control Board, Santa Ana Region (Regional Board), have been able to
identify about $400,000 in salary savings now available to the City for Board -
approved water quality testing efforts in Newport Bay. Most, if not all, of
the testing efforts are intended to target some of the City's responsibilities
under the Fecal Coliform Total Maximum Daily Load (TMDL). Your council
will recall that a TMDL is a daily limit on a contaminant to a water body.
Newport Bay has its beneficial uses (swimming, wading, kayaking, shellfish
harvesting, and more) impaired by four things: nutrients, sediment, toxics,
and fecal coliform.
Working with the Regional Board staff and with the Orange County Health
Care Agency, we have proposed at least four water quality studies (many of
which are underway). Not all of the studies use the Regional Board's grant
money - please see related notations:
• Baywide Bacti/Viral Sampling. This study, done by Dr. Sunny Jiang of UCI,
attempts to replicate sampling done in Summer 2000 that looked at human
enteric viruses and indicator bacteria in up to nine tributaries and storm drains
to Newport Bay (a $36,000 study funded by the Regional Board).
• Swimmer Shedding. This study, with sampling done by OC CoastKeeper and
testing done at the Orange County Sanitation Districts lab, attempted to
determine whether or not swimmers contribute to bacterial problems at the
Newport Dunes swimming lagoon (a $20,000 study funded by the Regional
Board).
• Vessel Waste Study. This study; not yet complete nor finally designed, will
attempt to determine the extent (if illegal discharges of waste by vessel operators
(a $50,000 study not funded by the Regional Board).
• West Newport Antibiotic Resistance Analysis. This study, which began on
September 11 and will continue through November, samples tributaries and bay
water in and around West Newport. The Orange County Health Care Agency,
working with Dr. Jody Harwood of the University of South Florida, will attempt
to determine the source of bacteria found in the tributaries by looking at the way
the bacteria reacts to up to eight antibiotics. Health officials will then attempt to
match the reaction pattern of the - unknown bacteria with the reaction patterns of
known samples to help us determine the source of the West Newport bacteria (a
study worth up to $200,000 yet "free" to the City thanks to the generosity of the
County of Orange).
As the Council will note from reading the above, the City still has about
$350,000 of the $400,000 available :to us for additional studies between now
and 2003. We intend to continue working with the Regional Board, the
County, and other interested parties to appropriately designate the
remaining money for studies and nests that assist us in reducing bacterial
inputs to the Bay.
THIS AGENDA This Agenda Item asks the Council tojadopt a resolution that formally accepts
ITEM: each of the four grants mentioned here. It further directs city staff to start work
on the projects that the grants will fund by including these projects in the City's
FY 2001 -02 Capital Improvement Program (CIP).
ATTACHMENTS: Attachment A - Resolution 2001 relating to the acceptance of four state grants
Attachment B -Summary of Grants and Grant- Funded Projects
Attachment C - Beach Mile Day Information from County of Orange
Attachment D - Budget Amend menhincorporating the four grants into the CIP
Attachment A
RESOLUTION 2001-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ACCEPTING FOUR STATE GRANTS
WHEREAS, the voters of the State of California approved Propositions 12 (the
Parks Bond) and 13 (the Water Bond) in March 2000; and
WHEREAS, California Governor Gray Davis and the California State Legislature
in Fiscal Year 2001 -02 further authorized the funding of about $35 million in projects
statewide to reduce the level of beach postings and closures along California's
shoreline; and
WHEREAS, the California Regional Water Quality Control Board, Santa Ana
Region, further authorized the City of Newport Beach's use of up to $400,000 in State
Water Resources Control Board revenue for specific water quality tests and studies in
Newport Bay; and
WHEREAS, the City of Newport Beach, the Newport Beach Surfrider Chapter,
and Orange County CoastKeeper collectively applied for a competitive grant for
improvements at Buck Gully near Corona Del Mar under Proposition 13; and
WHEREAS, the City of Newport Beach and California State Parks cooperated on
a grant proposal under Proposition 12's competitive grants for locally- operated State
Parks units like Corona Del Mar State Beach, and
WHEREAS, Regional Board staff and the City cooperatively worked to develop
several scopes of work for studies eligible for funding under the Regional Board's
$400,000 grant; and
WHEREAS, the City was successful in receiving each of the four grant proposals
identified within this resolution; now, therefore be it
RESOLVED by the City Council of the City of Newport Beach that it hereby
thanks the voters of California, the State Water Resources Control Board, the Governor,
and the Legislature for their collective commitment to improving California's shoreline
and parks facilities and that it hereby accepts each identified grant and authorizes
Mayor Adams to execute any grant documents associated with the receipt of these
grants.
ADOPTED this 91h Day of October, 2001.
GAROLD B. ADAMS
Mayor of Newport Beach
ATTEST:
LAVONNE HARKLESS
City Clerk
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County of Orange
Ocean Recreational Water
Protection Program
Monica Mazur
Health Care Agency
Environmental Health
Orange County - Available
Beach Mile Days (BMD)
All Coastal & Bays
124 miles X 365 days = 45,260 Available
Beach Mlle Days
Coastal
42 miles X 365 days = 15,330 Available
Beach Mlle Days
Newport Bay
Agency:
OCHCA
Frequency:
1 /week
Stations:
31
2
(April - August)
(April - August)
2000 2001
Postings:
43 52
Days:
557 541
Attachment C
Mile Days
(Miles of Beach Closed) X (Number
of Days )= Beach Mile Days.
Example: 1/2 mile of beach closed for
days = 2 Beach Mile Days.
Newport Beach
Agency: OCSD
Frequency: 3 -5 /week
Stations: S
(April - August)
2000 2001
Postings: 4 6
Days: 6 9
Newport Slough
Agency:
OCHCA
;Frequency:
1 /week
Stations:
2
(April - August)
2000 2001
Postings:
NA 5
Days:
NA 201
1
Newport Coast
Agency:
OCHCA
Frequency:
1 /week
Stations:
6
(April • August)
2000 2001
Postings:
4 3
Days:
7 6
Qup.Cwnly /9 JII VgMp. tem Julyi \I.... ,.I ]I.]001
= = 111M. 11111111 111111111111111M
J.0 F. r .1 ..r +m J. W ... a t ... ...
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2
City of Newport Beach
BUDGET AMENDMENT
2001 -02
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 011
AMOUNT: $1,sao,zoo.00
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase revenue estimates and expenditure appropriations related to award of four State grants.
ACCOUNTING ENTRY:
Amount
BUDGETARY FUND BALANCE
Debit
Credit
Fund
Account
Description
010
3605
General Fund Balance
$39,175.00
'
REVENUE ESTIMATES (360 1)
Fund /Division
Account
Description
250
4875
Proposition 13 - Buck Gully Restoration
$225,025.00
250
4876
Proposition 12 - CdM State Bch Imprvmnts
$479,000.00
250
4877
Clean Beaches Initiative
$500,000.00
250
4878
Regional Board Grant
$400,000.00
EXPENDITURE APPROPRIATIONS (3603)
Description
Division
Number
7251
Contributions Fund
Account
Number
C5100596
Clean Water Project
$400,000.00
Division
Number
7251
Contributions Fund
Account
Number
C5100569
CdM Beach Improvements
$479,000.00
Division
Number
7251
Contributions Fund
Account
Number
C5100659
Buck Gully Restoration
$222,025.00
Division
Number
7251
Contributions Fund
Account
Number
C5100596
Clean Water Project
$500,000,00
Division
Number
7014
Misc General Fund Projects
Account
Number
C5100659
Buck Gully Restoration
$39,175.00
Au
' tom0c a System Entry.
Signed:
zo —
Fina 'al Approval: Administrative S es Director
Date
Signed:
✓Z,
11b -3 —O/
Administrative Approval: ity
Manager
Date
Signed:
City Council Approval: City Clerk
Date
A�MAGF DA
PRINT i 6[J rn I�
RESOLUTION 2001-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ACCEPTING FOUR STATE GRANTS
WHEREAS, the voters of the State of California approved Propositions 12 (the
Parks Bond) and 13 (the Water Bond) in March 2000; and
WHEREAS, California Governor Gray Davis and the California State Legislature
in Fiscal Year 2001 -02 further authorized the funding of about $35 million in projects
statewide to reduce the level of beach postings and closures along California's
shoreline; and
WHEREAS, the California Regional Water Quality Control Board, Santa Ana
Region, further authorized the City of Newport Beach's use of up to $400,000 in State
Water Resources Control Board revenue for specific water quality tests and studies in
Newport Bay; and
WHEREAS, the City of Newport Beach, the Newport Beach Surfrider Chapter,
and Orange County CoastKeeper collectively applied for a competitive grant for
improvements at Buck Gully near Corona Del Mar under Proposition 13; and
WHEREAS, the City of Newport Beach and California State Parks cooperated on
a grant proposal under Proposition 12's competitive grants for locally- operated State
Parks units like Corona Del Mar State Beach, and
WHEREAS, Regional Board staff and the City cooperatively worked to develop
several scopes of work for studies eligible for funding under the Regional Board's
$400,000 grant; and
WHEREAS, the City was successful in receiving each of the four grant proposals
identified within this resolution, now, therefore be it
RESOLVED by the City Council of the City of Newport Beach that it hereby
thanks the voters of California, the State Water Resources Control Board, the Governor,
and the Legislature for their collective commitment to improving California's shoreline
and parks facilities; and be it further
RESOLVED, by the City Council of the City of Newport Beach that the Mayor of
Newport Beach is hereby authorized and directed to submit, for and on behalf of the
City of Newport Beach, an application for a Clean Beaches, Proposition 13, Coastal
Nonpoint Source Program grant from the State Water Resources Control Board in the
amount not to exceed $500,000, for the design and implementation of storm drain
diversions, water quality wetlands, and filtration devices; and be it further
RESOLVED, that the City of Newport Beach hereby agrees and further does
authorize the Mayor or his designee to certify that the City of Newport Beach has and
will comply with all applicable state statutory and regulatory requirements related to
any state grants received; and be it further
RESOLVED, that the Mayor of Newport Beach or his designee of the City of
Newport Beach is hereby authorized to negotiate and execute a grant contract and any
amendments relating to the aforementioned grants, and to certify grant invoices on
behalf of the City of Newport Beach.
ADOPTED this 911, Day of October, 2001.
GAROLD B. ADAMS
Mayor of Newport Beach
WIFFOUR
LAVONNE HARKLESS
City Clerk