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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 Page 3 of 3 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 05-226-180-0 Page 1 of 3 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 Page 4 of 6 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� • 0 Ll 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