HomeMy WebLinkAboutC-3817(B) - Contract for TMDL-related Water Quality Studies, including Metals, Organics, and other Contaminants of Concern - 05-226-180STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD, 213 A (Rev 2/05)
® CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED
1 Pages I AGREEMENT NUMBER
DGS REGISTRATION
NUMBER:
AMENDMENT NUMBER
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
Agreement is 3/1/06 through 1/31/10
3. The maximum amount of this $155,000
Agreement after this amendment is: One hundred fifty five 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:
I. Purpose of amendment: This amendment reflects a five-month term extension and Scope of
Work, Schedule for Completion change. The estimated research time, analysis and report
preparation and approvals will take approximately additional time to complete. This is a no -cost
term extension and SWRCB is obtaining the same services shown in the original agreement.
II. Certain changes made in this amendment are shown as: Text additions are displayed in bold
and underline. Text deletions are displayed as strike through text (i.e., StFike).
III. Item #2 (The term of this Agreement) on the face of the original STD 213 is extended and
amended to read: 3/1/06 through R121 10A 1/31/10.
(Continued on next page)
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
California Department of General
CONTRACTOR
Services Use Only
CONTRACTOR'S NAME (Ifother than an individual, state whether a corporation, partnership, etc.)
City of Newport Beach
B�tzed ture)
DATE SIGNED (Do pot typ e)
lid Z
P NTED NAME AND IT OF PERSON SIGNING
David A. Kiff, Assistant City Manager
ADDRESS
3300 Newport Blvd., Newport Beach, CA 92663
STATE OF CALIFORNIA
AGENCY NAME
State W ter Resources Control Board
BY (Autho d Signature)
DATE SIGNED (Do not type)
PRINT50 NAME AND TITLE OF PERSON SIGNING
Est an Almanza, Deputy Director, Division of Administrative Services
® Exempt per:SCM 4.10(A.1)
ADDRESS
1001 1 Street 18th Floor Sacramento CA 95814
City of Newport Beach
05-226-180-2
Page 2 of 2
STD 213A (Continued)
V. Provision 6 (Schedule for Completion) of Exhibit A, Scope of Work is
amended to read as follows:
6. Schedule for Completion
Task No.
Deliverables
Deliverable Timeframe
ASK 1:
Project Management
Project duration
ASK 2:
Storm drain Sampling
Mar. 2006 — Sept. 2006
Task 2.1
Sampling Plan & QAPP
Prior to Sample collection
Task 2.2.1
Task 2.2.1
Task 2.2.2
Summer Sampling
inter Sampling
Summer Sampling
Winter Sampling
June 2006 — Sept. 2006
Winter 2006, 2007
Summer 2008
Winter 2008-2009
Task 2.2.2
Quarterly Progress Reports
Beginning June 2006
Task 2.3
ASK 3:
Data Analysis & Reports
Task 3.1
Data Analysis
Ongoing until
Set 2009
Task 3.2
Draft Report /Revision
Oct 31 2009
Task 3.3
Final Report
August 15,
Dec 31 2009
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 2105)
® CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 3 Pages
AGREEMENT NUMBER
05-226-180
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
CONTRACTOR'S NAME
City of Newport Beach
2. The term of this
reement is
3/1/06
8/31/09
AMENDMENTNUMBER
3. The maximum amount of this $155,000
Agreement after this amendment is: One hundred fifty five 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:
I. Amendment effective date: Upon DGS' approval.
II. Purpose of amendment: This amendment reflects a seventeen -month term extension, scope of
work change, and budget increase. The estimated research time, analysis and report
preparation and approvals will take approximately 20-22 months to complete. SWRCB is
obtaining the same services shown in the original agreement.
III. Certain changes made in this amendment are shown as: Text additions are displayed in bold
and underline. Text deletions are displayed as strike through text (i.e., StFike).
IV. Paragraph 3 (maximum amount payable) on the face of the original STD 213 is increased by
$65,000 and is amended to read: $90;0004Ni-n $155,000 (One hundred
fifty five thousand dollars).
(Continued on next page)
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 (Irother than an individual, state whether a corporation, partnership, etc.)
City of Newport Beach
BY (Authorized Signature) DATE SIGNED (Do not type)
G.., 3.21v ^ biC
PRINTF N ME AND TITLE OF PERSON IGNING
David A. Kiff, Assistant City Manager
ADDRESS
3300 Newport Blvd,, Newport Beach, CA 92663
STATE OF CALIFORNIA
AGENCY NAME
State W r Resources Control Board
BY (Authori Signature) DATE SIGNED (Do not type)
C)
PRINTF NAME AND TITLE OF PERSON SI RING
Este an Almanza, Deputy Director, Division of Administrative Services
001 1 Street 18`n Floor, Sacr
California Department of General
rServices Use Only
APPROVED
APR - 8 2008
OF GENERAL SERVICES
❑ mpt per:
City of Newport Beach
05- 226 -180 Al
Page 2 of 4
V. Provision 5. Task 2 (Task to be performed) of Exhibit A Scope of Work is amended
to add the following:
Task 2: Identify the extent of Metals contamination in urban runoff to lower
Newport Bay (Storm drain Sampling):
This study will identify the contribution of metals to Lower Newport Bay from storm
drains during wet and dry weather. Water samples will be collected from
approximately 20 major storm drains during wet and dry weather conditions (winter &
summer).
Collect water samples from same 20 storm drains during an additional dry and wet
weather season (summer & winter).
Task 2.1 Sampling Plan and Quality Assurance Project Plan (QAPP)
The Contractor (or Subcontractor) will prepare a sampling plan with the
assistance of the Contract Manager to address project tasks, and submit to
Contract Manager prior to the start of sample collection in the Feld. The
Contractor (or Subcontractor) will also prepare a QAPP with the assistance of
the Contract Manager, and submit to Regional Board QA Officer for approval
prior to the start of sample collection in the field. The QAPP will delineate
sample collection and analysis methods to ensure that data quality objectives
are met.
Task 2.2 Sample Collection and Analysis
2.2.1 Water samples will be collected from approximately twenty (20) major
storm drains during four storm and two dry weather events. Water samples
will be collected four times in the winter (two winters) and twice in the
summer. Water samples will be analyzed for metals of concern (Cu, Cd, Cr,
Ni, Pb, Zn, Sn) to determine the metal concentrations in storm drain runoff,
and flow rates will be measured so that metal loading from storm drains can
be determined. Samples will be analyzed by a contract lab for total and
dissolved metals.
Task 2.3 Quarterly Progress Reports
Progress reports will be submitted quarterly to the Contract Manager.
City of Newport Beach
05 -226 -180 Al
Page 3 of 4
VI. Provision 6 (Schedule for Completion) of Exhibit A Scope of Work is amended to
read as follows:
S. Schedule for Completion
Task No.
Deliverables
DeliverablNSet.
ASK 1:
Project Management
Pn
ASK 2:
Storm drain Sampling
Mar. 2006
Task 2.1
Ta sk 2.2.1
Task 2.2.1
Task 2.2.2
Sampling Plan & QAPP
Summer Sampling
Writer Sampling
Summer Samplina
Winter Samplina
Quarterly Progress Reports
Prior to San
June 2000
Winter 2006, 2007
Summer 200
Winter 2008 -200
Beqinninq June 2006
Task
Task 2.3
ASK 3:
Data Analysis & Reports
Task 3.1
Task 3.2
Task 3.3
Data Analysis
Draft Report /Revision
Final Report
Ongoing until Sept. 200
Au ust 200
June 30 200
Au ust 15 200
VII, Provision 3 (Budget Contingency Clause) of Exhibit B- Budget Detail and Payment
Provisions is amended to read as follows:
3. Budget Contingency Clause
Gl
Limitation of State Liability:
0
0
City of Newport Beach
05 -226 -180 Al
Page 4 of 4
VIII. Provision 4 (Budget) of Exhibit B- Budget Detail and Payment Provisions is amended
to read as follows:
4. Budget
Line Item Budget
Description
Original
Original
This
Amendment
This
Amendment
Amended
Total
Primary Contractor
Personnel Hrly. Rate
Hrs.
Hrly. Rate
Project Director
$98
9.18
$900
$150
20
$3,000
$3,900
Administrative Assnt
$41
38.4
$1,575
$50
40
$2,000
$3,575
Insurance
$450
$450
Total Personnel
$2,925
$5,000
$7,925
Operating Expenses
$3,575
$3,575
Total Primary Contractor
$6,500
$5,000
$11,600
Subcontractor
Personnel
Project Manager
$40
600
$24,000
$40
372
$14,880
$38,880
Project Assistants
$15
600
$9,000
$15
372
$ 5,580
$14,580
Executive Director
$150
6
$900
$150
4
$600
$1,500
Bookkeeper
$60
26.25
$1,575
$60
16
$960
$2,535
Insurance
$450
$250•
$700
Total Personnel
$36,925
$22,270
$58,195
Operating Expenses
$13,576
$11,230
$24,805
Analytical Lab
$34,000
$26,500
$60,500
Total Subcontractor
$83,600
$60,000
$143,500
TOTAL COSTS
1 $90,0001
$65,000
$155,000
IX. All other terms and conditions shall remain the same.
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
C 3 81'
(38 /100-al a
Agenda Item No. 5
March 25, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Managers Office
Dave Kiff, Assistant City Manager
949/644 -3002 or dkiff @city.newport- beach.ca.us
SUBJECT: Resolution 2008-: Amendment to Resolution 2006 -84 and Renewed
Authorization to enter into Contracts with the State Water Resources
Control Board for TMDL - related Water Quality Studies
ISSUE:
Should the City expand its existing contract with the State Water Resources Control Board to
comply with various Total Maximum Daily Loads (TMDLs) for Newport Bay?
RECOMMENDATION:
1. Adopt Resolution 2008 - amending Resolution 2006 -84 authorizing the City Manager to
enter into Water Quality Studies relating to Newport Bay's TMDLs, including specifically a
Metals- related Storm Drain Study with the State Water Resources Control Board;
2. Approve Budget Amendment #_ accepting up to $70,000 from the State Board for the
expansion of the Metals - Related Storm Drain Study.
DISCUSSION:
Newport Bay is an impaired water body per §303(d) of the federal Clean Water Act. As such,
the US Environmental Protection Agency (US EPA) and the State Water Resources Control
Board (SWRCB) via the California Regional Water Quality Control Board, Santa Ana Region
(Regional Board) is directed to prepare TMDLs. A TMDL is a management plan to eliminate a
water quality impairment within a certain amount of time. Newport Bay is listed on the §303(d)
List for the following substances:
• Sediment (from creeksides of upstream communities);
• Nutrients (from landscaping, park, and agricultural fertilizers);
• Fecal Coliform bacteria (from a variety of sources, including urban runoff); and
• Toxic Pollutants (including various heavy metals from boats, cars, and aerial deposition)
The Toxic Pollutants TMDL for Newport Bay was promulgated in June 2002 by USEPA, and a
separate Metals TMDL is currently underway. Metals shown to exceed the California Toxics
Rule (CTR) values in Lower Newport Bay include Copper (Cu), Mercury (Pb) and Zinc (Zn).
Recent Studies have shown that metals are present in Newport Bay at levels that raise
concerns for the health of the Bay's ecosystem.
Copper and other metals are known to be toxic to fish and other aquatic species. Experts
suspect that antifouling boat paints are a source of Cu to the Lower Bay. These paints are
designed to leach Cu into the water, mostly as cuprous oxide, to reduce the fouling of boat
• Resolution on TMDL - Related Studie0coluding Metals Storm Drain Study
March 25, 2008
Page 2
bottoms with barnacles and algae. The leaching of Cu from antifouling boat paints is well
documented, and has been quantified in a study by the Southern California Coastal Water
Research Project (SCCWRP). However, questions remain as to the disposition of the copper
once it is released into the harbor — does the Cu remain in the water, absorb onto the
sediments, or flush out of the Bay with the tides?
Boatyards are another potential source of copper to Newport Bay since boat hulls are cleaned,
scraped and sandblasted, and there is a potential for discharge into the Bay (although a no
discharge rule is in effect via the State Board's General Industrial Stormwater Permit).
According to USEPA marina data, higher levels of Cu have been found near maintenance area
drains and fuel docks than at other locations, suggesting that maintenance areas and fueling
stations are sources of metals to the water and good targets for pollution prevention practices.
Other metals such as lead, copper, arsenic, zinc, mercury, nickel, lead, chromium, and tin have
many functions in boat operation, maintenance, and repair. Common metal containing products
used in boat activities include gasoline, anti - fouling paints, pesticides, and wood preservatives.
Metals can enter the waterways during uncontrolled pressure washing, painting, antifouling or
fueling activities. Metals in the water may adsorb to suspended particles and settle, form salt
precipitates, or be flushed out of the marina. Benthic organisms that lie in the sediment may
ingest these metals, and filter feeders, such as mollusks, may accumulate metals from the
water. In addition, sediments may be resuspended and release metals back into the water.
Your Council approved a $90K study (funded by the SWRCB) of copper on July 11, 2006.
An additional source of metals to Newport Bay is urban runoff which may enter the Bay via
stone drains or surface runoff. Metal inputs to the Bay from stormwater inputs can be significant
in winter. Dozens of storm drains empty into Newport Bay (over 200 smaller storms drains to
Lower Newport Bay) and previous studies show high metal concentrations around storm drains
in the Rhine Channel section of the Bay.
The SWRCB, working through its Regional Board (Region #8) has proposed an expansion of
the current $90,000 study (taking the amount up to $155,000) to do additional metals analyses.
The Scope of Work for this expansion is attached. According to SWRCB rules, the Council
must adopt a resolution authorizing the acceptance of grant money for this Study.
Environmental Review: The City Council's approval of this Agenda Item does not require
environmental review.
Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in
advance of the public meeting at which the City Council considers the item).
Funding Availability: 100% of the funding will come from the State Water Resources Control
Board for this Study.
Submitted by:
Dav iC�ff
Assistant City Manager
Attachments: Resolution 2008 -_, Resolution 2006 -84, Scope of Work, Budget Amendment #
Resolution on TMDL- Related Studiesuding Metals Storm Drain Study
March 25, 2008
Page 3
RESOLUTION NO. 2008-%.—
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING RESOLUTION 2006 -84
AUTHORIZING THE CITY TO ENTER INTO CONTRACTS WITH THE
STATE WATER RESOURCES CONTROL BOARD OR THE REGIONAL BOARD
FOR TMDL- RELATED WATER QUALITY STUDIES IN NEWPORT BAY
WHEREAS, Newport Bay is an impaired water body under the Federal Clean Water act
for four categories of pollutants – sediment, nutrients, fecal Coliform, and toxic pollutants; and
WHEREAS, as an impaired water body, the Bay is subject to the creation and
implementation of daily limits of these pollutants and plans to achieve certain water quality goals
within a time certain; and
WHEREAS, these limits and plans are called Total Maximum Daily Loads (TMDL); and
WHEREAS, the Toxic Pollutants TMDL was adopted for Newport Bay in 2002 and
contains limits on pollutants like pesticides and metals; and
WHEREAS, the metal pollutants of concern include lead, copper, arsenic, zinc, mercury,
nickel, lead, chromium, and tin deposited in the bay's waters by storm drains; and
WHEREAS, the State Water Resources Control Board, as a part of implementing the
Toxic Pollutants TMDL, has directed and agreed to fund a number of water quality studies,
including one specifically for a Metals Study of Storm Drains (called the "Storm Drain Study") to
examine inputs of metals and other contaminants of concern to the Bay via the storm drain
system and inside the Bay itself, and
WHEREAS, the Storm Drain Study was in part authorized by the City's Resolution 2006-
84 which included a $100,000 cap on the amount that could be expended on the Study; now,
therefore be it
RESOLVED by the City Council of the City of Newport Beach, that it hereby authorizes
the City Manager or his designee to execute grant agreements or contracts with the State Board
or its Regional Board to conduct various water quality studies directed by the Toxic Pollutants
TMDL or by other TMDLs; and be it further
RESOLVED by the City Council of the City of Newport Beach, that the City Manager or
his designee is authorized to enter into a Metals- related Storm Drain Study of up to $200,000
(with a 10% contingency increase to $220,000); and be it further
RESOLVED that the City staff is hereby authorized to assist the Board in preparing and
collecting the necessary data, conducting investigations, or entering into contracts to perform
sampling and /or analysis relating to this Study and other studies, provided that the contracts
and investigations comply with the TMDL and the City's Charter.
• Resolution on TMDL- Related Studies he uding Metals Storm Drain Study
March 25, 2008
Page 4
ADOPTED this 2e Day of March 2008.
EDWARD D. SELICH
Mayor of Newport Beach
ATTEST:
LAVONNE HARKLESS
City Clerk
• •
RESOLUTION NO. 2006- 84
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AUTHORIZING THE CITY TO ENTER INTO CONTRACTS WITH THE
STATE WATER RESOURCES CONTROL BOARD OR THE REGIONAL BOARD
FOR TMDL- RELATED WATER QUALITY STUDIES IN NEWPORT BAY
WHEREAS, Newport Bay is an impaired water body under the Federal Clean
Water act for four categories of pollutants - sediment, nutrients, fecal Coliform, and toxic
pollutants; and
WHEREAS, as an impaired water body, the Bay is subject to the creation and
implementation of daily limits of these pollutants and plans to achieve certain water
quality goals within a time certain; and
WHEREAS, these limits and plans are called Total Maximum Daily Loads
(TMDL); and
WHEREAS, the Toxic Pollutants TMDL was adopted for Newport Bay in 2002
and contains limits on pollutants like pesticides and metals; and
WHEREAS, the metal pollutants of concern include lead, copper, arsenic, zinc,
mercury, nickel, lead, chromium, and tin deposited in the bay's waters by storm drains;
and
WHEREAS, the State Water Resources Control Board, as a part of implementing
the Toxic Pollutants TMDL, has directed and agreed to fund a number of water quality
studies, including one specifically for a Metals Study of Storm Drains (called the "Storm
Drain Study") to examine inputs of metals and other contaminants of concern to the Bay
via the storm drain system and inside the Bay itself; now, therefore be it
RESOLVED by the City Council of the City of Newport Beach, that it hereby
authorizes the City Manager or his designee to execute grant agreements or contracts
with the State Board or its Regional Board to conduct various water quality studies
directed by the Toxic Pollutants TMDL or by other TMDLs; and be it further
RESOLVED by the City Council of the City of Newport Beach, that the City
Manager or his designee is authorized to enter into a Metals- related Storm Drain Study
of up to $90,000 (with a contingency increase to $100,000); and be it further
RESOLVED that the City staff is hereby authorized to assist the Board in
preparing and collecting the necessary data, conducting investigations, or entering into
contracts to perform sampling and/or analysis relating to this Study and other studies,
provided that the contracts and investigations comply with the TMDL and the City's
Charter.
0 .
ADOPTED this 8"' day of August,
,I
2006.
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2006 -84 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th
day of August 2006, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Mayor Webb
Noes: None
Absent: Nichols
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 9th day of August 2006.
(Seal)
City Clerk
Newport Beach, California
0 •
City of Newport Beach
05 -226 -180 Al
Page 2 of 4
V. Provision 5. Task 2 (Task to be performed) of Exhibit A Scope of Work is amended
to add the following:
Task 2: Identify the extent of Metals contamination In urban runoff to lower
Newport Bay (Storm drain Sampling):
This study will identify the contribution of metals to Lower Newport Bay from storm
drains during wet and dry weather. Water samples will be collected from
approximately 20 major storm drains during wet and dry weather conditions (winter &
summer).
Collect water samples from same 20 storm drains durina an additional dry and wet
weather season (summer & winter 1.
Task 2.1 Sampling Plan and Quality Assurance Project Plan (QAPP)
The Contractor (or Subcontractor) will prepare a sampling plan with the
assistance of the Contract Manager to address project tasks, and submit to
Contract Manager prior to the start of sample collection in the field. The
Contractor (or Subcontractor) will also prepare a QAPP with the assistance of
the Contract Manager, and submit to Regional Board QA Officer for approval
prior to the start of sample collection in the field. The QAPP will delineate
sample collection and analysis methods to ensure that data quality objectives
are met.
Task 2.2 Sample Collection and Analysis
2.2.1 Water samples will be collected from approximately twenty (20) major
storm drains during four storm and two dry weather events. Water samples
will be collected four times in the winter (two winters) and twice in the
summer. Water samples will be analyzed for metals of concern (Cu, Cd, Cr,
Ni, Pb, Zn, Sn) to determine the metal concentrations in storm drain runoff,
and flow rates will be measured so that metal loading from storm drains can
be determined. Samples will be analyzed by a contract lab for total and
dissolved metals.
Task 2.3 Quarterly Progress Reports
Progress reports will be submitted quarterly to the Contract Manager.
• 0
City of Newport Beach
05- 226 -180 At
Page 3 of 4
VI. Provision 6 (Schedule for Completion) of Exhibit A Scope of Work is amended to
read as follows:
S. Schedule for Completion
Task No.
Deliverables
Deliverable Timeframe
ASK 1:
Project Management
Project duration
ASK 2:
Storm drain Sampling
Mar. 2006 — Sept. 20
Task 2.1
Task 2.2.1
Task 2.2.1
Task 2..2
Task 2.2.2
Task 2.3
Sampling Plan & QAPP
ummer Sampling
inter Sampling
ummer I'
Inter S fin
Quarterly Progress Reports
Prior to Sample collection
June 2006 — Sept. 200
Winter 2006, 200
Summer
Wlater 2008
BNinning June 20
ASK 3:
to Analysis & Reports
Task 3.1
Task 3.2
Task 3.3
ata Analysis
Draft Report !Revision
Final Report
Ongoing until
August 2
June 30 0
Aunuat 18 200
VII. Provision 3 (Budget Contingency Clause) of Exhibit B- Budget.Detail and Payment
Provisions is amended to read as follows:
3. Budget Contingency Clause
A, Limitation of State Liability:
Ce of Newport Beade NO. BA- 08BA -054
BUDGET AMENDMENT
2007 -08 AMOUNT: s6s,000.ao
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates Increase in Budgetary Fund Balance
�X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations PX No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations and revenue estimates to accept additional funding of $65,000 from the State W_ ater
Resources Control Board for the expansion of the Metals - Related Storm Drain Study.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE Amount
Fund Account Description Debit Credit
REVENUE ESTIMATES (3601)
Fund/Division Account Description
255 4885 Environ Contrib - State Water Res Board $65,000.00
EXPENDITURE APPROPRIATIONS (3603)
Description
Division Number 7255 Environmental Contribution
Account Number C0310967 Lower Newport Bay Storm Drain $65,000.00
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
/j Automatic System Entry.
Signed: �� (��/X�� 1% -01F
Financial Approval: Admmis tive Services Director Date Q�
Signed: d
Administrative App val: City Manager
Signed:
City Council Approval: City Clerk Date
STATE: CFr CALIFORNIA
r,TANDj-,,RD AGREEMENT
STD, 21 a (RO,! 06/03)
AGREEMENT NUMBER_
05-226-180-0
REGISTRATION NUMBER
. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
State Water Resources Control Board
GUN I KAGTOK'S NAME
City of Newport Beach
2. The term of this
Agreement is: March 1, 2006 through March 31, 2008
3. The maximum amount $ 90,000
of this Agreement is: Ninety thousand dollars and no cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made
a part of the Agreement:
Exhibit A — Scope of Work 3 page(s)
Exhibit B — Budget Detail and Payment Provisions 3 pages
Exhibit C* — General Terms and Conditions GTC 1005
Exhibit D -- Special Terms and Conditions 6 pages
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 at www.ols.dgs.ca.gov/standard+language
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 Signature)
DATE SIGNED (Do not type)
.@� C., t
'5 r 2- G / C_ L,
PRINTF N ME AND TITLE OF PERSON SIGNING
1_y"'T4,+> A. y�FF, ntSs►$ter htiC.s'
ADDRESS
3300 Newport Blvd.
Newport Beach, CA 92663
STATE OF CALIFORNIA
AGENCY NAME
State Water gQsources Con oar
BY (Authorizede)
DATE SIGNED (Do not type)
_�KQ
Z
O-U,
� .. '_d ,6
PRINTED NAME AND TITLE OF P N SIGNING
Esteban Almanza, .Chief, Division of Administrative Services
ADDRESS
1001 1 Street, 18`h Floor
Sacramento. CA 95814
California Department of General
Services Use Only
4,.
AFpR®�—` i
AUG 2 5 2006
OEPX OF GENERAL SERVICES
Exempt per:
Exhibit A
SCOPE OF WORK
1. Service Overview
City of Newport Beach
05-226-150-0
Page 1 of 3
The City of Newport Beach agrees to provide the State Water Resources Control Board
(SWRCB), Santa Ana Regional Water Quality Control Board (SARWQCB) the services described
herein.
The City of Newport Beach will investigate the metal loading to Lower Newport Bay from Storm
drains from storm water and dry weather runoff. The goal of this project is to collect data to
determine if the loading of metals from storm drains in the Lower Bay is a significant source of
metals to the Lower Bay. This study will also determine exceedences of dissolved metals in
storm drain runoff compared to CTR Water Quality Criteria to determine the water quality of storm
drain runoff to the Lower Bay.
2. Service Location
The services shall be performed in Upper and Lower Newport Bay.
3. Project Representatives
A. The Program Representatives during the term of the Agreement will be:
State Water Resources Control Board
City of Newport Beach
Contract Manager: Linda Candelaria
Project Director: Dave Kiff
Address: 3737 Main St., Suite 500
Riverside, CA 92501
Address: 3300 Newport Blvd.
Newport Beach, CA 92663
Phone: 951 782-4991
Phone: 949 644-3002
E-mail: Icandelaria@waterboards.ca.gov
E-mail: Dkiff@city.newport-beach.ca.us
B. Either party may make changes to the information above by giving ten (10) days written
notice to the other party. Said changes shall not require an amendment to this agreement.
4. Services to be Performed
Background
A. Newport Bay is the second largest estuarine embayment in southern California. The Upper
Bay is a state ecological reserve and provides refuge, foraging areas, and breeding grounds
for a number of threatened and endangered species. It provides a critical natural habitat for
terrestrial and aquatic species, and serves as a spawning and nursery habitat for commercial
and noncommercial fish species. Lower Newport Bay, referred to as the outer harbor, was
formerly a coastal lagoon. It is four miles long and is oriented parallel to the coastline. The
Lower Bay has an open -water area of approximately 600 acres and is a regionally important
recreational area. It is one of the largest pleasure craft harbors in the United States and
harbors both recreational boats - sail boats, yachts, duffies, rowboats, and commercial boats
— fishing and charter boats.
B. The local beachfront communities also support water recreational services, with tourism as
one of the most important land use activities in the regional area. Beneficial uses for Newport
Bay have been designated by the Santa Ana Regional Water Quality Control Board
(SARWQCB) and include shellfish harvesting, marine habitat, spawning reproduction and
development, wildlife habitat, commercial and sport fishing, navagation, water contact
recreation, non contact recreation, and municipal and domestic supply; and regulates water
quality to support those uses. However, beneficial uses of the Bay are threatened by
numerous sources of pollutant loading from within the Bay or from streams/channels entering
City of Newport Beach
05-226-150-0
Page 2 of 3
Exhibit A
SCOPE OF WORK
into the Bay. Therefore, the U.S. Environmental Protection Agency and Santa Ana Regional
Water Quality Control Board have adopted Total Maximum Daily Loads (TMDLs) for Newport
Bay for fecal coliform, nutrients, sediment, and toxic pollutants including metals and organics.
C. A Toxics TMDL for Newport Bay was promulgated in June 2002 by USEPA, and a Metals
TMDL for Newport Bay is currently under development by the Regional Board. Metals shown
to exceed the CTR Water Quality criteria in Newport Bay include Cu, Pb and Zn. Recent
Studies have shown that metals are present in Newport Bay at levels that raise concerns for
the health of the bay ecosystem (Bay, 2003-2004). Cu and other metals are known to be
toxic to fish and other aquatic species. However, the amount of metal loading to Lower
Newport Bay from storm drains is unknown.
D. Automobile brake pads are a known source of Cu but the concentration of Cu in storm water
or dry weather runoff to Newport Bay is unknown. Automotive repair shops are another
potential source of metals to Newport Bay since autos are cleaned, repaired and
sandblasted, resulting in metallic residue that could potentially be discharged into the Bay
(although a no discharge rule is in effect via the State Board's general industrial storm water
permit). Other metals such as lead, copper, arsenic, zinc, mercury, nickel, lead, chromium,
and tin have many functions in auto operation, maintenance, and repair. Metals can enter the
waterways during uncontrolled pressure washing, painting, machining or fueling activities.
Metals in the water may adsorb to suspended particles and settle, form salt precipitates, or
be flushed out of the marina. Benthic organisms that lie in the sediment may ingest these
metals, and filter feeders, such as mollusks, may accumulate metals from the water. In
addition, sediments may be resuspended and release metals back into the water.
E. Metal inputs to the Bay from storm drain inputs may be significant in winter. At present there
are over 200 storm drains (fifty large storm drains over 12 inches in diameter) that empty into
Lower Newport Bay and studies show high metal concentrations around storm drains in the
Rhine Channel section of the bay (Bay 2003, OCCK 2004).
6. Tasks to be Performed
Task 1: Project Management
The Contractor will provide all technical and administrative services as needed for Agreement
completion, coordinate budgeting and scheduling to assure that the Agreement is completed
within budget and on schedule. The Contractor will provide copies of subcontracts required for
this project to the Contract Manager.
Task 2: Identify the extent of Metals contamination in urban runoff to lower Newport Bay
(Storm drain Sampling):
This study will identify the contribution of metals to Lower Newport Bay from storm drains during
wet and dry weather. Water samples will be collected from approximately 20 major storm drains
during wet and dry weather conditions (winter & summer).
Task 2.1 Sampling Plan and Quality Assurance Project Plan (QAPP)
The Contractor (or Subcontractor) will prepare a sampling plan with the assistance of the
Contract Manager to address project tasks, and submit to Contract Manager prior to the
start of sample collection in the field. The Contractor (or Subcontractor) will also prepare
a QAPP with the assistance of the Contract Manager, and submit to Regional Board QA
Officer for approval prior to the start of sample collection in the field. The QAPP will
delineate sample collection and analysis methods to ensure that data quality objectives
are met.
City of Newport Beach
05-226-150-0
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Exhibit A
SCOPE OF WORK
Task 2.2 Sample Collection and Analysis
Water samples will be collected from approximately twenty (20) major storm drains during
four storm and two dry weather events. Water samples will be collected four times in the
winter (two winters) and twice in the summer. Water samples will be analyzed for metals
of concern (Cu, Cd, Cr, Ni, Pb, Zn, Sn) to determine the metal concentrations in storm
drain runoff, and flow rates will be measured so that metal loading from storm drains can
be determined. Samples will be analyzed by a contract lab for total and dissolved metals.
Task 2.3 Quarterly Progress Reports
Progress reports will be submitted quarterly to the Contract Manager.
Task 3 - Data Analysis and Draft/Final Reports
Task 3.1 Data Analysis
Orange County Coastkeeper will analyze the data from the sampling program. Dissolved
metal concentrations will be compared with CTR water quality standards and a project
GIS will be created using this data. Dissolved/total metals ratios will also be calculated to
determine the percentage of metals in the dissolved phase — this is related to the more
bioavailable fraction of metals. Flow data will be collected using meters installed in
selected storm drains and will continually log flow data over a period of weeks to
characterize daily flow cycles. The flow data will be used along with the metal
concentration data to determine metal loading to the Lower Bay. Data will be submitted
to the Contract Manager as it is received from the lab.
Tasks 3.2 Draft Final Report and 3.3 Final Report
When the data has been analyzed, a Draft Report will be submitted to the Contract
Manager for review and comment. The report will then be revised and a Final Report
submitted to the Contract Manager.
6. Schedule for Completion
Task No.
Deliverables
Deliverable Timeframe
ASK 1:
Project Management
Project duration
ASK 2:
Storm drain Sampling
Mar. 2006 — Sept. 2006
Task 2.1
Task 2.2
Task 2.2
Task 2.3
Sampling Plan & QAPP
Summer Sampling
Winter Sampling
Quarterly Progress Reports
Prior to Sample collection
June 2006 — Sept. 2006
Winter 2006, 2007
Beginning June 2006
ASK 3:
Data Analysis & Reports
Task 3.1
Task 3.2
Task 3.3
Data Analysis
Draft Report /Revision
Final Report
Ongoing until Sept. 2007
Oct. 2007 — Dec. 2007
Mar. 1, 2008
City of Newport Beach
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Exhibit B
BUDGET DETAIL AND PAYMENT PROVISIONS
I. Invoicing and Payment
A. 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.
B. Invoices shall include the Agreement number and shall be submitted in triplicate not more
frequently than quarterly in arrears to:
Linda Candelaria, Ph.D.
Santa Ana Regional Water Quality Control Board
3737 Main Street, Suite 500
Riverside, CA 92501-3339
C. The original and one (1) approved copy of the invoice or payment request will be forwarded to the
State Water Board's Accounting Operations Section by the Contract Manager. Payment of any
invoice will be made only after receipt of a complete, adequately supported, properly documented
and accurately addressed invoice or payment request. Failure to use the address exactly as
provided above may result in return of the invoice or payment request to the Contractor.
Payment shall be deemed complete upon deposit of the payment, properly addressed, postage
prepaid, in the United States mail. All invoices must be approved by the Contract Manager.
D. Payments prior to satisfactory completion of all work required by the Agreement shall not exceed,
in the aggregate, ninety percent (90%) of the total earned with the balance to be paid upon
satisfactory completion of the Agreement.
E. The invoice shall contain the following information:
1. The word "INVOICE" should appear in a prominent location at the top of the page(s);
2. Printed name of the Contractor;
3. Business address of the Contractor, including P.O. Box, City, State, and Zip Code;
4. Name of State Water Board AND the Regional Water Board being billed;
5. The date of the invoice;
6. The number of the Agreement upon which the claim is based; and
7. An itemized account of the services for which the State Water Board is being billed;
(a) The time period covered by the invoice, i.e., the term "from" and "to";
(b) A brief description of the services performed;
(c) The method of computing the amount due. On cost reimbursable Agreements, invoices
must be itemized based on the categories specified in the Budget. The amount claimed
for salaries/wages/consultant fees must also be explained; i.e., hours or days worked
times the hourly or daily rate = the total amount claimed;
(d) The total amount due. This should be in a prominent location in the lower right-hand
portion of the last page and clearly distinguished from other figures or computations
appearing on the invoice. The total amount due shall include all costs incurred by the
Contractor under the terms of this Agreement; and
(e) Original signature of Contractor (not required of established firms or entities using
preprinted letterhead invoices).
City of Newport Beach
05-226-180-0
Page 2 of 3
Exhibit B
BUDGET DETAIL AND PAYMENT PROVISIONS
2. Timely Submission of Final Invoice
A. A final undisputed invoice shall be submitted for payment no more than ninety (90) calendar days
following the expiration or termination date of this Agreement, unless a later or alternate deadline
is agreed to in writing by the Contract Manager. Said invoice should be clearly marked "Final
Invoice", thus indicating that all payment obligations of the State Water Board under this
Agreement have ceased and that no further payments are due or outstanding.
B. The State Water Board may, at its discretion, choose not to honor any delinquent final invoice if
the Contractor fails to obtain prior written State Water Board approval of an alternate final invoice
submission deadline. Written State Water Board approval shall be sought from the Contract
Manager prior to the expiration or termination date of this Agreement.
3. Budget Contingency Clause
A. Limitation of State Liability:
The maximum amount to be encumbered under this Agreement for the 2005-06 fiscal year
ending June 30, 2006 shall not exceed $90,000.
B. It is mutually agreed that if the Budget Act of the current year 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 Contractor shall not be obligated to perform any provisions of this Agreement.
C. 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.
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code
Chapter 4.5, commencing with Section 927.
Exhibit B
BUDGET DETAIL AND PAYMENT PROVISIONS
4. Budget
Line Item Budget
City of Newport Beach
05-226-180-0
Page 3 of 3
Description
Totals
Primary Contractor
Personnel
Hrly. Rate
Hrs.
Project Director
$98
9.18
$ 900
Administrative Assistant
$41
38.4
$ 1,575
Insurance
$ 450
Total Personnel
$ 2,925
Operating Expenses
$ 3,575
Total Primary Contractor
$ 6,500
Subcontractor
Personnel
Project Manager
$40
600
$ 24,000
Project Assistants
$15
600
$ 9,000
Executive Director
$150
6
$ 900
Bookkeeper
$60
26.25
$ 1,575
Insurance
$ 450
Total Personnel
$ 35,925
Operating Expenses
$ 13,575
Analytical Lab
$ 34,000
Total Subcontractor
$ 83,500
TOTAL COSTS
$ 90,000
City of Newport Beach
05-226-180-0
Page 1 of 6
Exhibit D
SPECIAL TERMS AND CONDITIONS
DISPUTES: Not withstanding the provisions of the Department of General Services General Terms
and Conditions (GTC), any dispute arising under or relating to the terms of this Agreement, or related
to the performance hereunder, which is not disposed of by Agreement shall be decided by the State
Water Board's Project Representative, who shall reduce such decision to writing and mail or
otherwise furnish a copy thereof to the Contractor. The decision of the State Water Board's Project
Representative shall be final and conclusive unless, within fifteen (15) calendar days from the date of
receipt of such copy, the Contractor mails or otherwise delivers a written appeal to the State Water
Board's Executive Director. The decision of the State Water Board's Executive Director, or
authorized representative, on such appeal shall be final and conclusive unless determined by a court
of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous
as necessarily to imply bad faith, or not supported by any substantial evidence. In connection with
any appeal under this Section, the Contractor shall be afforded an opportunity to be heard and to
offer evidence and argument in support of the appeal. Pending final decision on any dispute
hereunder, the Contractor shall proceed diligently with the performance of the Agreement work as
directed by the State Water Board's 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 purpose whatsoever. 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. (40 CFR 31.34, 31.36)
3. PROPERTY ACQUISITIONS: Property, as used in this section, shall include:
Equipment - Tangible property (including furniture) with a unit cost of $5,000.00 or more and a normal
useful life of at least one (1) year. Actual cost includes the purchase price plus all costs to acquire,
install and prepare the equipment for its intended use.
a. Furniture - Standard office furnishings including desks, chairs, bookcases, credenzas, tables,
coat racks, etc.
b. Portable Assets - Items considered "highly desirable" because of their portability and value; e.g.,
calculators, typewriters, dictaphones, cameras and microscopes.
P. Electronic Data Processing (EDP) Equipment - All computerized and auxiliary automated
information handling including system design and analysis, conversion of data, computer
programming, information storage and retrieval, voice, video and data communications, requisite
system controls, simulation and all related interactions between people and machines.
The Contractor may purchase property under this Agreement only if specified in Exhibit "B" (Budget
Detail and Payment Provisions). Any property purchased by the Contractor with funds provided
under this Agreement shall be the property of the State during the customary depreciable life thereof.
City of Newport Beach
05-226-180-0
Page 2 of 6
Exhibit D
SPECIAL TERMS AND CONDITIONS
The Contractor shall promptly report any such purchase to the SWRCB Project Representative and to
the State's Property Officer (Property Officer). Should this Agreement be terminated for any reason,
or upon expiration and failure to negotiate renewal hereof, all such property shall be returned to the
State within the timeframe negotiated between the Contractor and the State.
Prior written authorization by the SWRCB Project Representative shall be required before the
Contractor will be reimbursed for any property purchases not specified in the Budget. The Contractor
shall provide to the SWRCB Project Representative all particulars regarding the necessity for such
property and the reasonableness of the cost.
Before property purchases made by the Contractor are reimbursed by the State, the Contractor shall
submit paid vendor receipts identifying the Agreement number, purchase price, description of the
item, serial number, model number, and location including street address where property will be used
during the term of this Agreement. Said paid receipts shall be attached to Contractor's invoices.
The Contractor shall keep adequate and appropriate records of all property purchased with
Agreement funds and at the time of purchase prepare a "Property Purchased with State Funds"
(Form SWRCB 3-016) and submit one copy to the SWRCB Project Representative and one copy to
the Property Officer. A copy must be retained by the Contractor.
The State reserves the right at any time to evaluate the cost of property and reimburse at an amount
equal to costs reflected in but not limited to Agreements the State Department of General Services,
Office of Procurement has negotiated with vendors who supply the same type of property.
All property shall be tagged after acquisition by Contractor in accordance with instructions provided.
The purpose of tagging assets is to designate the assets as belonging to the State.
Whenever property is lost, stolen, or destroyed, the Contractor shall immediately report the loss, theft
or destruction to the local law enforcement agency (or the California Highway Patrol (CHP) if the
crime occurs on either state-owned or state leased property) and to the SWRCB Project
Representative and prepare a Property Survey Report. In the case of stolen property, the Contractor
shall also complete a CHP Report of Crime on State Property form (Std. 99), obtain a copy of the law
enforcement agency's report and submit these to the SWRCB Project Representative. The
Contractor shall adjust its property accounting records and retain a copy of the Property Survey
Report as documentation.
Losses of State property due to fraud or embezzlement shall be reported in the same manner as
described above. The Contractor shall be charged with any loss and damages to State property due
to the Contractor's negligence.
Contractor shall, at the request of the State, submit an inventory of property furnished or purchased
under the terms of this Agreement. Such inventory will be required not more frequently than annually.
Upon termination, expiration or failure to negotiate renewal of this Agreement, all property purchased
with Agreement funds shall promptly be returned to the State. The Contractor shall prepare an
"Inventory of State Furnished Property" (Form SWRCB 3-017) and submit to the State and shall at
that time query the SWRCB Project Representative as to the State's requirements, including the
manner and method, in returning said property to the State. Final disposition of such property shall
be at State expense in accordance with instructions from the SWRCB Project Representative to be
issued immediately after receipt of the final inventory.
State policies and procedures applicable to procurement with nonfederal funds shall apply to
procurement by Contractor under this Agreement provided that procurements conform to applicable
State law and the standards identified in this section. These include but are not limited to statutes
City of Newport Beach
05-226-180-0
Page 3 of 6
Exhibit D
SPECIAL TERMS AND CONDITIONS
applicable to State agencies, statutes applicable to State college and university public works projects,
the California Constitution governing University of California contracting, the State Administrative
Manual (SAM), statutes applicable to specific local agencies, applicable city and county charters and
implementing ordinances including policies and procedures incorporated in local government
manuals or operating memoranda. (40 CFR 31.36) (SCM 7.29)
4. 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.
5. UTILIZATION OF DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION
REQUIREMENTS: In accordance with Public Contract Code Section 10115 et seq., the Contractor
must meet or exceed the participation goals of not less than 3 percent for disabled veteran business
enterprises (DVBE) or make a good faith effort to meet these goals.
The Contractor agrees to use the DVBE subcontractors or suppliers originally identified by the
Contractor unless the Contractor requests substitution in writing beforehand to the SWRCB Project
Representative and the SWRCB Project Representative has approved such substitution. At a
minimum, the request must include:
a. A written explanation of the reason for the substitution; and
b. The identity of the person or firm substituted.
The request and the SWRCB Project Representative's approval is not to be construed as an excuse
for noncompliance with any other provision of law, including but not limited to the subletting and
subcontracting Fair Practices Act or any other Agreement requirements relating to substitution of
subcontractors.
Failure to adhere to at least the level of participation for DVBE proposed by the Contractor may be
cause for Agreement termination and recovery of damages under the rights and remedies due the
State.
6. EVALUATION OF CONTRACTOR: Within sixty (60) days after the completion of this Agreement, the
SWRCB Project Representative shall complete a written evaluation of the Contractor's performance
under this Agreement. If the Contractor did not satisfactorily perform the work, a copy of the
evaluation will be sent to the State Department of General Services, Office of Legal Services, within
five working days of completion of the evaluation. (SCM 3.02 et seq, PCC 10369)
DISCLOSURE REQUIREMENTS: Any document or written report prepared in whole or in part
pursuant to this Agreement shall contain a disclosure statement indicating that the document or
written report was prepared through Agreement with the State. The disclosure statement shall
include the Agreement number and dollar amount of all Agreements and subcontracts relating to the
preparation of such documents or written reports. The disclosure statement shall be contained in a
separate section of the document or written report.
If the Contractor or subcontractor(s) are required to prepare multiple documents or written reports, the
disclosure statement may also contain a statement indicating that the total Agreement amount
represents compensation for multiple documents or written reports.
The Contractor shall include in each of its subcontracts for work under this Agreement a provision
which incorporates the requirements stated within this Section. (Gov. Code 7550, 40 CFR 31.20)
City of Newport Beach
05-226-180-0
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Exhibit D
SPECIAL TERMS AND CONDITIONS
8. 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.
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)
9. TRAVEL AND PER DIEM: Any reimbursement for necessary travel and per diem shall be at rates
not to exceed those amounts paid to the State's represented employees under collective bargaining
Agreements currently in effect. No travel outside the State of California shall be reimbursed unless
prior written authorization is obtained from the State.
10. 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.
11. PRIORITY HIRING CONSIDERATIONS: In the event this agreement is in excess of $200,000 or any
amendment thereto causing the original agreement to exceed $200,000 the 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)
12. LIABILITY INSURANCE: (If applicable) The Contractor shall provide and maintain, during the period
of the Agreement, liability insurance in a form satisfactory to the State. The Contractor shall furnish a
certificate of insurance to the State along with the executed Agreement.
The certificate of insurance shall state a limit of liability of not less than one million dollars
($1,000,000.00) per occurrence for bodily injury and property damage liability combined. The
certificate of insurance shall show that hazardous activities are protected through commercial general
liability, pollution liability, and additional insurance as may be necessary. Hazardous activities are
defined as activities performed by the Contractor which may result in substantial risk of serious injury
City of Newport Beach
05-226-180-0
Page 5 of 6
Exhibit D
SPECIAL TERMS AND CONDITIONS
to persons or damage to property and include, but are not limited to, the following type of work or
service: excavation, drilling, or demolition; pest control, fumigation,' crop or agricultural spraying or
application of chemicals of any type; transporting persons by any mode of transportation (automobile
liability insurance is required in addition to public liability insurance); use of any aircraft or watercraft;
and treatment, removal, storage or any other handling of hazardous substances, including but not
limited to, toxic waste, petroleum waste, asbestos and like substances.
The certificate of insurance shall meet such additional standards as may be determined by the State,
either independently or in consultation with the Department of General Services, Office of Risk and
Insurance Management (DGS -GRIM), as essential for protection of the State. Such additional
standards shall include coverage for error, mistake, omission, or malpractice. The certificate of
insurance shall also provide that:
a. The insurer shall not cancel the insured's coverage prior to thirty (30) days written notice to the
State.
b. The State, it's officers, agents, employees, and servants are named as additional insured, but
only insofar as the operations under this Agreement are concerned.
c. The State shall not be responsible for any premiums or assessments on the Contractor's policy.
d. The Contractor's policy shall be primary and noncontributing as required by the DGS -GRIM.
e. Evidence of insurance shall meet the requirements specified and shall be of a form and content
which is acceptable to the DGS -GRIM.
f. The insurance will be issued by an insurance company or will be provided through partial or total
self-insurance that is acceptable to the DGS-ORIM.
The liability insurance herein required shall be in effect at all times during the term of this Agreement.
The Contractor shall provide the SWRCB Project Representative and DGS-ORIM at least thirty (30)
days prior to said expiration or cancellation date, a new certificate of insurance evidencing insurance
coverage as provided for herein for the remainder of the Agreement term or for a period not less than
one (1) year. New certificates of insurance are subject to the approval of the DGS-ORIM, and no
services shall be performed prior to the obtaining of such approval. In the event the Contractor fails
to keep in effect, at all times, insurance coverage as herein provided, the State may, in addition to
any other remedies it may have, terminate this Agreement.
The insurance required above shall cover all Contractor supplied personnel and equipment used in
the performance of this Agreement. If subcontractors performing work under this Agreement do not
have insurance equivalent to the above, Contractor liability shall provide such coverage for the
subcontractor, except for coverage for error, mistake, omissions, or malpractice, which shall be
provided by the subcontractor if such insurance is required by the State.
13. LICENSING: (If applicable) The Contractor shall have a valid air taxi operator certificate as specified
in Part 135 of the Federal Aviation Regulations. All Contractor pilots must possess a commercial
license and be instrument rated or have an airline transport pilot (ATP) rating.
14. CONTRACT MODIFICATIONS: The SWRCB 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. In no event can the contract modification have any
impact on the budget specified in Exhibit B. If the Contractor intends to dispute the change, the
Contractor must, within ten (10) days after receipt of a written "contract modification", submit to the
SWRCB a written statement setting forth the disagreement with the change.
City of Newport Beach
05-226-180-0
Exhibit D Page 6 of 6
SPECIAL TERMS AND CONDITIONS
15. TERMINATION: Not withstanding the provisions of the Department of General Services General
Terms and Conditions, the SWRCB may terminate performance of work under this Agreement upon
30 days written notice.
Any termination shall be effected by written notice to the Contractor, either hand -delivered to the
Contractor or sent certified mail, return receipt requested. The notice of termination shall specify the
effective date of termination.
Upon receipt of notice of termination, and except as otherwise directed in the notice, the Contractor
shall:
a. Stop work on the date specified in the notice;
b. Place no further orders or enter into any further subcontracts for materials, services or facilities
except as necessary to complete work under the Agreement up to effective date of termination;
c. Terminate all orders and subcontracts;
d. Promptly take all other reasonable and feasible steps to minimize any additional cost, loss, or
expenditure associated with work terminated, including, but not limited to reasonable settlement
of all outstanding liability and claims arising out of termination of orders and subcontracts;
e. Deliver or make available to the SWRCB all data, drawings, specifications, reports, estimates,
summaries, and such other information and material as may have been accumulated by the
Contractor under this Agreement, whether completed, partially completed, or in progress.
In the event of termination, an equitable adjustment in the price provided for in this Agreement shall
be made. Such adjustment shall include reasonable compensation for all services rendered,
materials supplied, and expenses incurred pursuant to this Agreement prior to the effective date of
termination. (PCC 10253, G.C. 11010:5, 40 CFR 31.36)
16. BUDGET FLEXIBILITY: Subject to the prior review and approval of the SWRCB Project
Representative, line items 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 SWRCB or the Contractor in writing and must not
increase or decrease the total contract amount allocated per fiscal year.
17. COMPUTER SOFTWARE: Contractor certifies that it has appropriate systems and controls in place
to ensure that State funds will not be used in the performance of this contract for the acquisition,
operation or maintenance of computer software in violation of copyright laws.
0 4j
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. sly
August 8, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CIT
svrxECmroourWIL
FROM: City Manager's Office C"OFNEWPORrINEW
Dave Kiff, Assistant City Manager 0 0 8 7ilnli
9491644 -3002 or dkiff @city.newport- beach.ca.us
SUBJECT: Resolution 2006 - : Authorization to enter into C D tr ct§ CWr_iM%W'7LLj
State Water Resources Control Board for TMDL - related Water Quality
Studies, including Metals, Organics, and other Contaminants of
Concern
ISSUE:
• Should the City enter into a $90,000 contract with the State Water Resources Control
Board comply with the Toxic Pollutants TMDL for Newport Bay? Should the City also
adopt a Resolution authorizing the City Manager to enter into further studies?
Adopt Resolution 2006 -_ authorizing the City Manager to enter into Water Quality
Studies relating to Newport Bay's TMDLs, including specifically a $90,000 (with
another $10,000 contingency authorization) for a Metals- related Storm Drain Study
with the State Water Resources Control Board;
2. Adopt Budget Amendment # accepting $90,000 from the State Board for the
Metals - Related Storm Drain Study.
DISCUSSION:
Background:
Newport Bay is an impaired water body per §303(d) of the federal Clean Water Act. As
such, the US Environmental Protection Agency (US EPA) and the State Water
Resources Control Board (SWRCB) via the California Regional Water Quality Control
• Board, Santa Ana Region (Regional Board) is directed to prepare "total maximum daily
loads" (TMDLs). A TMDL is a management plan to eliminate a water quality impairment
4kesolution on TMDL - Related Studies, inclu3(ng Metals Storm Drain Study
August 8, 2006
Page 2
r
LJ
within a certain amount of time. Newport Bay is listed on the §303(d) List for the
following substances:
• Sediment
• Nutrients
• Fecal Coliform bacteria
• Toxic Pollutants (including Metals)
The Toxic Pollutants TMDL for Newport Bay was promulgated in June 2002 by USEPA,
and a separate Metals TMDL is currently under development. Metals shown to exceed
the California Toxics Rule (CTR) values in Lower Newport Bay include Copper (Cu),
Mercury (Pb) and Zinc (Zn). Recent Studies have shown that metals are present in
Newport Bay at levels that raise concerns for the health of the bay ecosystem.
Copper and other metals are known to be toxic to fish and other aquatic species. It is
suspected that antifouling boat paints are a source of Cu to the Lower Bay. These
paints are designed to leach Cu into the water, mostly as cuprous oxide, to reduce the
fouling of boat bottoms with barnacles and algae. The leaching of Cu from antifouling
boat paints is well documented, and has been quantified in a study by the Southern
California Coastal Water Research Project (SCCWRP). However, questions remain as
to the disposition of the copper once it is released into the harbor — does the Cu remain •
in the water, absorb onto the sediments, or flush out of the Bay with the tides?
Boatyards are another potential source of copper to Newport Bay since boat hulls are
cleaned, scraped and sandblasted, and there is a potential for discharge into the Bay
(although a no discharge rule is in effect via the State Board's General Industrial
Stormwater Permit). According to USEPA marina data, higher levels of Cu have been
found near maintenance area drains and fuel docks than at other locations, suggesting
that maintenance areas and fueling stations are sources of metals to the water and
good targets for pollution prevention practices.
Other metals such as lead, copper, arsenic, zinc, mercury, nickel, lead, chromium, and
tin have many functions in boat operation, maintenance, and repair. Common metal
containing products used in boat activities include gasoline, anti - fouling paints,
pesticides, and wood preservatives. Metals can enter the waterways during uncontrolled
pressure washing, painting, antifouling or fueling activities. Metals in the water may
adsorb to suspended particles and settle, form salt precipitates, or be flushed out of the
marina. Benthic organisms that lie in the sediment may ingest these metals, and filter
feeders, such as mollusks, may accumulate metals from the water. In addition,
sediments may be resuspended and release metals back into the water.
Your Council approved a $90,000 study (funded by the SWRCB) of copper inputs at its
July 11, 2006 meeting. •
•
*Resolution on TMDL - Related Studies, inclOng Metals Storm Drain Study
August 8, 2006
Page 3
An additional source of metals to Newport Bay is urban runoff which may enter the Bay
via storm drains or surface runoff. Metal inputs to the Bay from stormwater inputs can
be significant in winter. Dozens of storm drains empty into Newport Bay (over 200
smaller storms drains to Lower Newport Bay) and studies show high metal
concentrations around storm drains in the Rhine Channel section of the Bay.
The SWRCB, working through its Regional Board (Region #8) has proposed a TMDL-
compliant study to examine the Cu /metal concentrations in the water and sediments in
storm drains in Lower Newport Bay. The Scope of Work for this $90,000 Study is
attached.
According to SWRCB rules, the Council must adopt a resolution authorizing the
acceptance of grant money for this Study. Because it seems like the City is working
with the State Board and the Regional Board frequently on these types of studies, staff
respectfully requests the consideration and adoption of a "master' resolution that allows
us to enter into these TMDL- directed studies without separate resolutions.
Environmental Review: The City Council's approval of this Agenda Item does not
require environmental review.
• Public Notice: This agenda item may be noticed according to the Brown Act (72 hours
in advance of the public meeting at which the City Council considers the item).
Funding Availability: 100% of the funding is available from the State Water Resources
Control Board for this Study.
Submitted by:
,�� A -
Dave Iff
Assistant City Manager
Attachments: Resolution 2006 -
Scope of Work for Storm Drain Study
Budget Amendment #_
•
4esolution on TMD&Related Studies, inclueg Metals Storm Drain Study
August 8, 2006
Page 4
•
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AUTHORIZING THE CITY TO ENTER INTO CONTRACTS WITH THE
STATE WATER RESOURCES CONTROL BOARD OR THE REGIONAL BOARD
FOR TMDL- RELATED WATER QUALITY STUDIES IN NEWPORT BAY
WHEREAS, Newport Bay is an impaired water body under the Federal Clean
Water act for four categories of pollutants - sediment, nutrients, fecal Coliform, and toxic
pollutants; and
WHEREAS, as an impaired water body, the Bay is subject to the creation and
implementation of daily limits of these pollutants and plans to achieve certain water
quality goals within a time certain; and
WHEREAS, these limits and plans are called Total Maximum Daily Loads
(TMDL); and
WHEREAS, the Toxic Pollutants TMDL was adopted for Newport Bay in 2002
and contains limits on pollutants like pesticides and metals; and •
WHEREAS, the metal pollutants of concern include lead, copper, arsenic, zinc,
mercury, nickel, lead, chromium, and tin deposited in the bay's waters by storm drains;
and
WHEREAS, the State Water Resources Control Board, as a part of implementing
the Toxic Pollutants TMDL, has directed and agreed to fund a number of water quality
studies, including one specifically for a Metals Study of Storm Drains (called the "Storm
Drain Study") to examine inputs of metals and other contaminants of concern to the Bay
via the storm drain system and inside the Bay itself; now, therefore be it
RESOLVED by the City Council of the City of Newport Beach, that it hereby
authorizes the City Manager or his designee to execute grant agreements or contracts
with the State Board or its Regional Board to conduct various water quality studies
directed by the Toxic Pollutants TMDL or by other TMDLs; and be it further
RESOLVED by the City Council of the City of Newport Beach, that the City
Manager or his designee is authorized to enter into a Metals - related Storm Drain Study
of up to $90,000 (with a contingency increase to $100,000); and be it further
RESOLVED that the City staff is hereby authorized to assist the Board in
preparing and collecting the necessary data, conducting investigations, or entering into •
contracts to perform sampling and /or analysis relating to this Study and other studies,
Wesolution on TMDL - Related Studies, incog Metals Storm Drain Study
August 8, 2006
Page 5
provided that the contracts and investigations comply with the TMDL and the City's
Charter.
ADOPTED this 8"' Day of August, 2006.
ATTEST:
LAVONNE HARKLESS
City Clerk
•
U
DON WEBB
Mayor of Newport Beach
City of Newport Beach
05- 826-16"
Page 1 of 3 •
Exhlbtt A
SCOPE OF WORK
1. service Overview
The City of Newport Beach agrees to provide the State Water Resources Control Board
(SWRCB), Santa Ana Regional Water Quality Control Board (SARWQCB) the services described
herein.
The City of Newport Beach will investigate the metal loading to Lower Newport Bay from Storm
drains from storm water and dry weather runoff. The goal of this project is to collect data to
determine if the loading of metals from storm drains in the Lower Bay is a significant source of
metals to the Lower Bay. This study will also determine exceedences of dissolved metals in
storm drain runoff compared to CTR Water Quality Criteria to determine the water quality of storm
drain runoff to the Lower Bay.
2. Service Location
The services shall be performed in Upper and Lower Newport Bay.
3. Project Representatives
A. The Program Representatives during the term of the Agreement will be:
State Water Resources Control Board
M of Newport Beads
Contract Manager. Linda Candelada
Project Director: Dave Kiff
Address: 3737 Main St., Suite 500
Riverside CA 92501
Address: 3300 Newport Blvd.
Newport Beach CA 92663
Phone: 951 782 -4991
Phone: 949 644 -3002
E -mail: Icandelaria rboards.ca. ov
E -mail: Dkiff i .new rt- beach.ca.us
B. Either party may make changes to the information above by giving ten (10) days written
notice to the other party. Said changes shall not require an amendment to this agreement.
4. Services to be Performed
Backrrround
A. Newport Bay is the second largest estuarine embsyment in southern California. The Upper
Bay is a state ecological reserve and provides refuge, foraging areas, and breeding grounds
for a number of threatened and endangered species. It provides a critical natural habitat for
terrestrial and aquatic species, and serves as a spawning and nursery habitat for commercial
and noncommercial fish species. Lower Newport Bay, referred to as the outer harbor, was
formerly a coastal lagoon. It is four miles long and is oriented parallel to the coastline. The
Lower Bay has an open -water area of approximately 600 acres and is a regionally important
recreational area. It is one of the largest pleasure craft harbors in the United States and
harbors both recreational boats - sail boats, yachts, duffles, rowboats, and commercial boats
— fishing and charter boats.
n
U
B. The local beachfront communities also support water recreational services, with tourism as
one of the most important land use activities in the regional area. Beneficial uses for Newport
Bay have been designated by the Santa Ana Regional Water Quality Control Board •
(SARWQCB) and include shellfish harvesting, marine habitat, spawning reproduction and
development, wildlife habitat, commercial and sport fishing, navagation, water contact
recreation, non contact recreation, and municipal and domestic supply', and regulates water
quality to support those uses. However, beneficial uses of the Bay are threatened by
numerous sources of pollutant loading from within the Bay or from streams/channels entering
in
•
0
Exhibit A
SCOPE OF WORK
0
City of Newport Beach
08- 22845"
Page 2of3
into the Bay. Therefore, the U.S. Environmental Protection Agency and Santa Ana Regional
Water Quality Control Board have adopted Total Maximum Dairy Loads (TMDLs) for Newport
Bay for fecal colifonn, nutrients, sediment, and toxic pollutants including metals and organics.
C. A Toxics TMDL for Newport Bay was promulgated in June 2002 by USEPA, and a Metals
TMDL for Newport Bay is currently under development by the Regional Board. Metals shown
to exceed the CTR Water Quality criteria in Newport Bay include Cu, Pb and Zn. Recent
Studies have shown that metals are present in Newport Bay at levels that raise concerns for
the health of the bay ecosystem (Bay, 2003 - 2004). Cu and other metals are known to be
toxic to fish and other aquatic species. However, the amount of metal loading to Lower
Newport Bay from storm drains is unknown.
D. Automobile brake pads are a known source of Cu but the concentration of Cu in storm water
or dry weather runoff to Newport Bay is unknown. Automotive repair shops are another
potential source of metals to Newport Bay since autos are cleaned, repaired and
sandblasted, resulting in metallic residue that could potentially to discharged into the Bay
(although a no discharge rule is in effect via the State Board's general industrial storm water
permit). Other metals such as lead, copper, arsenic, zinc, mercury, nickel, lead, chromium,
and tin have many functions in auto operation, maintenance, and repair. Metals can enter the
waterways during uncontrolled pressure washing, painting, machining or fueling activities.
Metals in the water may adsorb to suspended particles and settle, form salt precipitates, or
• be flushed out of the marina. Benthic organisms that lie in the sediment may ingest these
metals, and filter feeders, such as mollusks, may accumulate metals from the water. In
addition, sediments may be resuspended and release metals back into the water.
E. Metal inputs to the Bay from storm drain inputs may be significant in winter. At present there
are over 200 stone drains (fifty large storm drains over 12 inches in diameter) that empty into
Lower Newport Bay and studies show high metal concentrations around storm drains in the
Rhine Channel section of the bay (Bay 2003, OCCK 2004).
S. Tasks to be Peftnned
Task 1: Project Management
The Contractor will provide all technical and administrative services as needed for Agreement
completion, coordinate budgeting and scheduling to assure that the Agreement is completed
within budget and on schedule. The Contractor will provide copies of subcontracts required for
this project to the Contract Manager.
Task 2: Identify the extent of Metals contamination in urban runoff to lower Newport Bay
(Stonn drain Sampling):
This study will identify the contribution of metals to Lower Newport Bay from storm drains during
wet and dry weather. Water samples will be collected from approximately 20 major storm drains
during wet and dry weather conditions (winter & summer).
Task 2.1 Sampling Plan and Quality Assurance PrglwA Plan (QAPP)
. The Contractor (or Subcontractor) will prepare a sampling plan with the assistance of the
Contract Manager to address project tasks, and submit to Contract Manager prior to the
start of sample collection in the field. The Contractor.(or Subcontractor) will also prepare
a QAPP with the assistance of the Contract Manager, and submit to Regional Board QA
Officer for approval prior to the start of sample collection in the field. The QAPP will
delineate sample Collection and analysis methods to ensure that data quality objectives
are met.
n
fthfblt A
SCOPE OF WORK
Task 2.2 Sample Cotfeadon and Anafyals
Ctty of Newport Mach
05- 226-M -0
Page 3 of 3
Water samples will be collected from approximately twenty (20) major storm drains during
four stone and two dry weather events. Water samples will be collected four times in the
winter (two winters) and twice in the summer, Water samples will be analyzed for metals
of concern (Cu, Cd, Cr, Ni, Pb, Zn, Sri) to determine the metal concentrations in storm
drain runoff, and flow rates will be measured so that metal loading from storm drains can
be determined. Samples will be analyzed by a contract lab for total and dissolved metals.
Task 2.3 Quarterly Progress Reports
Progress reports will be submitted quarterly to the Contract Manager.
Task 3 - Date Analysts and DraftlFinal Reports
Task 3.1 Data Analysle
•
Orange County Coastkeeper will analyze the data from the sampling program. Dissolved
metal concentrations will be compared with CTR water quality standards and a project
GIS will be created using this data. Dissolved /total metals ratios will also be calculated to
determine the percentage of metals in the dissolved phase — this is related to the more
bioavailable fraction of metals. Flow data will be collected using meters installed in
selected storm drains and will continually tog flow data over a period of weeks to •
characterize dairy flow cycles. The flow data will be used along with the metal
concentration data to determine metal loading to the Lower Bay. Data will be submitted
to the Contract Manager as it is received from the lab.
Tasks 3.2 Draft Fine! Report and 3.3 Final Report
When the data has been analyzed, a Draft Report will be submitted to the Contract
Manager for review and comment. The report will then be revised and a Final Report
submitted to the Contract Manager.
S. SchedWe for Completion
o.
DeRverabtes
DallveraWe Thnsfr>ame
raject llltanagemeatt .
Project duration
drain Sampling
Mar_ 2006 — Sept. 200
.9
2.2
2.2
.3
Riunal
piing Plan & OAPP
ummer Sampling
nter Sampling
uarterf Progress Reports
Prior to Sample collection
June 2006 — Sept. 2
Winter 2006, 200
Beginning June 20
& Reporta
.9
3.3
fa Analysis
raft Repor t lRevision
cal Report
Ongoing until Sept. 20133.2
Oct. 2007 —Dec, 200
Mar. 9 200
•
a
City of Newport Beach
•
05-226-180-0 e of 3
Page 1 of 3
ESdtibit B
SWGET DETAIL, AND PAYMENT PROVVWM
1. involcing and Payment
A. 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.
B. Invoices shall include the Agreement number and shall be submitted in triplicate not more
frequently-than quarterly in arrears to:
Linda Candelaria, Ph.D.
Santa Ana Regional Water Quality Control Board
3737 Main Street, Suite 500
Riverside, CA 92501 -3339
C. The original and one (1) approved copy of the invoice or payment request will be forwarded to the
State Water Board's Accounting Operations Section by the Contract Manager. Payment of any
invoice will be made only after receipt of a complete, adequately supported, properly documented
and accurately addressed invoice or payment request Failure to use the address exactly as
provided above may result in return of the invoice or payment request to the Contractor.
Payment shall be deemed complete upon deposit of the payment, properly addressed, postage
prepaid, in the United States mail. All invoices must be approved by the Contract Manager.
D. Payments prior to satisfactory completion of all work required by the Agreement shall not exceed,
In the aggregate, ninety percent (90%) of the total earned with the balance to be paid upon
satisfactory completion of the Agreement.
E. The invoice shall contain the following information:
1, The word "INVOICE" should appear in a prominent location at the top of the gage(s);
2. Printed name, of the Contractor;
3. Business address of the Contractor, including P.O. Box, City, State, and Zip Code;
4. Name of State Water Board AND the Regional Water Board being billed;
5. The date of the invoice;
6. The number of the Agreement upon which the claim is based; and
7, An itemized account of the services for which the State Water Board is being billed;
(a) The time period covered by the Invoice, i.e., the term "from* and °to ";
(b) A brief description of the services performed;
(c) The method of computing the amount due. On cost reimbursable Agreements, invoices
must be itemized based on the categories specified in the Budget. The amount claimed
for salariWWages/consultant fees must also be explained; i.e., hours or days worked
times the hourly or dairy rate = the total amount claimed;
(d) The total amount due, This should be in a prominent location in the lower right -hand
Portion of the last page and clearly distinguished from other figures or computations
• appearing on the invoice. The total amount due shall include a)1 costs incurred by the
Contractor under the terms of this Agreement; and
(e) Original signature of Contractor (not required of established firms or entities using
Preprinted letterhead invoices).
to
0
0
City of Newport Beach
05-226 -180 -0
Page 2 of 3 .
Exhibit B
BUDGET DETAIL AND PAYMENT PROVISIONS
2. Timely Submission of Final Invoice
A. A final undisputed invoice shall be submitted for payment no more than ninety (90) calendar days
following the expiration or termination date of this Agreement, unless a later or a@emate deadline
is agreed to in writing by the Contract Manager. Said invoice should be clearly marked "Final
Invoice°, thus indicating that all payment obligations of the State Water Board under this
Agreement have ceased and that no further payments are due or outstanding.
B. The State Water Board may, at its discretion, choose not to honor any delinquent final invoice if
the Contractor fails to obtain prior written State Water Board approval of an alternate final invoice
submission deadline. Written State Water Board approval shall be sought from the Contract
Manager prior to the expiration or termination date of this Agreement.
3. Budget Contingency Clause
A. Limitation of State Liability:
The maximum amount to be encumbered under this Agreement for the 2005-06 fiscal year
ending June 30, 2006 shall not exceed $90,000.
B. It is mutually agreed that if the Budget Act of the current year 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 Contractor shall not be obligated to perform any provisions of this Agreement.
C. 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.
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code
Chapter 4.5, commencing with Section 927.
•
In
C�
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11
ExhIW S
BUDGET DETAIL AND PAYMENT PfWVISIONS
4. Budget
Line Item Budget
City of Newport Beach
05 -226 -180-0
Page 3 of 3
Description
Tatais
Primary Contractor
Personnel
Hrly. Rde
"vs.
Project Director
$98
9.18
$ 900
Administrative Assistant
$41
38.4
$ 1,575
Insurance
$ 460
Total Personnel
$
Operating Expenses
$ 3,875
Total Primary Contractor
S 6,600
Subcontractor
Perawflel '
Project Manager
$40
600
$ 24,000
Project Assistants
$15
600
$ 9,000
Executive Director
$150
6
$ 900
Bookkeeper
$60
26.25
$ 1,575
Insurance
$ 450
Tote) Personnel
$ 36.8$5
Operatlng Expenses
$ 13,675
Analytical Lab
$ 34,88
Total Subcontractor
$ 83,688
TOTAL COSTS
$ 80,000
1\
C' of Newport Beach• NO. BA- 07BA -006
BUDGET AMENDMENT
2006 -07 AMOUNT: 590,000.00
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates X Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations and revenue estimates to accept $90,000 from the State Water Resources
Control Board to study metals inputs to and from stone drains.
ACCOUNTING ENTRY:
BUDGETARYFUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund /Division Account
255 4885
EXPENDITURE APPROPRIATIONS (3603)
Description
Description
Environ Con rib - State Water Res Board
••
Signed:
�•
Services Director
Manager
Amount
Debit Credit
•
• Automatic
.•c icy �i
Date •
e
to
Signed:
City Council Approval: City Clerk Date
Description
Division
Number
7255 Environmental Contribution
Account
Number
C5100804 Newport Bay Copper Study
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
••
Signed:
�•
Services Director
Manager
Amount
Debit Credit
•
• Automatic
.•c icy �i
Date •
e
to
Signed:
City Council Approval: City Clerk Date