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HomeMy WebLinkAboutC-3817 - Agreement for Newport Bay Copper (Cu) Study - 04-391-180-0STATE OF CALIFORNIA (` STANDARD AGREEMENT AMENDMENT STD. 213 A (Rev 2/05) ® CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 7 Pages AGREEMENT NUMBER AMENDMENT NUMBER 04-391-180-0 1 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 Agreement is May 1, 2005 through July 31, 2007 3. The maximum amount of this $90,000 Agreement after this amendment is: Ninety 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: April 18, 2006 II. Purpose of amendment: This amendment extends the term 6 months and adds $15,000 in order to increase the maximum number of marinas to sample. III. Changes made in this amendment are shown as: Text additions are displayed in bold and underline. text deletions are displayed in strike through (i.e., Strike). IV. STD. 213A, item 2, "The term of this Agreement", is amended by deleting reference of January 31, 2007 and inserting July 31, 2007. V. STD. 213A, item 3, "The maximum amount of this Agreement", is amended by deleting reference of $75,000, Seventy Five Thousand Dollars and inserting $90,000, Ninety Thousand Dollars. VI. Exhibits A — Scope of Work (5 pages attached) and Exhibit B — Budget Detail and Payment Provisions (2 pages attached) are amended hereto and made part of this Agreement. All other terms and conditions shall remain the same. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California: Department of General _,,,gervices Use Only CONTRACTOR'S NAME (If other than an individual, state whether a corporation, partnership, etc.) City of Newport Beach BY (A4,thorized Signature) DATE SIGNED (Do not type) PRIN D AME AND TITLE OF PERSNN SIGNING bAvlr> ADDRESS I I 'I . 3300 Newport Blvd. Newport Beach, CA 92663 STATE OF CALIFORNIA AGENCY NAME State Water Resourc!pQ' d itr�Board BY (Author (z±SAnat ) I n DATE SIGNED (Do,not type) PRINTED NAME AND TITLE OF SON SIGNING Esteban Almanza, Chief, Division of Administrative Services ADDRESS 1001 1 Street, 18t' Floor Sacramento, CA 95814 APPROVED MAY 2 DEPT OF GENERAL SERv10ES ❑ Exempt per: 2. 3. 4, 0 Exhibit A Scope of Work Service Overview • City of Newport Beach 04- 391 -180 -1 Contractor agrees to provide to the State Water Resources Control Board (SWRCB) the services described herein. Cu /Metals Marina Study — Lower Newport Bay. This study will examine the Cu /metal concentrations in the water and sediments in a number of marinas in Lower Newport Bay to determine if the Cu leached from Cu antifouling boat paints remains in marina waters and sediments or is flushed out with the tides. It will also examine some storm water inputs to marinas. The study will include marinas with and without stormdrains, along with channel sites, to attempt to determine if boats in marinas are a major source of Cu to Lower Newport Bay marinas. Service Location The services shall be performed at Newport Bay marinas, channels and stormdrain locations. Service Hours The services shall be provided as needed for the requirements of the project. Project Representatives A. The Project representatives during the term of this agreement will be:_.. _... A- Linda Candelaria, PhD, Dave Kiff, Assistant City Manager Telephone: (951) 782 -4991 Telephone: (949) 6443002 Fax: (951) 781 -6288 Fax: (949) 644 -3020 E -mail: Icandelaria @waterboards.ca.gov E -mail: DKiff@city.newport- beach.ca.us nrea au mauires io: State Water Resources Control Board Santa Ana Regional Water Quality Control Board Attention: Linda Candelaria, PhD, 3737 Main Street, Suite 500 Riverside, CA 92501 -3339 Telephone: (951) 782 -4991 Fax: (951) 781 -6288 E -mail: leandelaria@waterboards.ca.gov Page 1 of 5 City of Newport Beach . Attention: Dave Kiff Assistant City Manager 3300 Newport Blvd. Newport Beach, CA 92663 Telephone: (949) 644 -3002 Fax: (949) 644 -3020 E -mail: DKiff@city.newport- beach.ca.us Exhibit A Scope of Work • City of Newport Beach 04- 391 -180 -1 C. Either parry may make changes to the information above by giving ten (10) days written notice to the other parry. Said changes shall not require an amendment to this agreement. 3. Background and Goals 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 Santa Ana Regional Water Board. Metals shown to exceed the CTR values in Lower 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. Cu antifouling boat paints are a known 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 SCCWRP. However, the question remains as to the disposition of the Cu once it is released into the marina — Does the Cu remain in the marina, adsorb onto the sediments, or flush out of the bay with the tides? These are site speck questions which cannot be answered by a general Cu leaching study. In addition, Chromated Cu Arsenate has been used as a wood preservative for dock pilings. Boatyards are another potential source of Cu 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 generaLindustriaL... 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. 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. Over fifty larger 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 (Bay 2003, OCCK 2004). Some Lower Bay storm drain inputs into marinas will also be examined in an attempt to separate metal inputs from storm drains and metal inputs from boats to marinas. Page 2 of 5 0 Exhibit A Scope of Work City of Newport Beach 04391 -180 -1 This Study — This study will examine the Cu/metal concentrations in the water and sediments in a number of marinas in Lower Newport Bay to determine if the Cu leached from Cu antifouling boat paints remains in marina waters and sediments or is flushed out with the tides. It may also examine some stormwater inputs to marinas. The study will include marinas with and without stormdrains, along with channel sites, to attempt to determine if boats in marinas are a major source of Cu to Lower Newport Bay marinas. 6. Services to be Performed Goals (Objective) The goal of this project is to determine if Cu antifouling boat paints are a significant source of Cu contamination to the water column and sediments in marinas, and Lower Newport Bay in general, and to determine the amount of Cu and other metals present in marina waters and sediments. A. Work: 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. Task 2 — Identify the extent of Cu contamination in Marina waters and sediments (Marina/Boatyard Sampling): This study will identify the contribution of Cu and other metals to marinas from boat paints and other marina activities such as routine boat maintenance. Marina, channel and some storm drain samples will be collected. Task 2.1 Sampling Plan and Quality Assurance Project Plan (QAPP) The Contractor (or Subcontractor) will prepare a sampling plan with the assistance of Regional Board staff 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 and submit to Contract Manager 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. Page 3 of 5 • Erhiblt A Scope of Work City of Newport Beach 04- 391 -180 -1 Task 2.2 Sample Collection and Analysis Water and sediment samples will be collected from 3 to 4 sites i3 marina.1 channel in 6 to 8 marinas /channels. (Marinas to be sampled will be selected from the twenty marinas in Newport Bay). Water and sediment samples will be collected twice in the winter and summer. One winter sampling event may include a storm event. Both water and sediment samples will be analyzed for Cu plus other metals of concern (Cd, Cr, Ni, Pb, Zn, Sn) to determine the metal concentrations in marinas in Lower Newport Bay. Water and sediment samples will also be collected near the sevefal- boatyards outside the Rhine Channel, and from or near storm drains that empty into selected marinas. (Tasks 2.2.1 and 2.2.2 will refer to Summer and Winter sampling, respectively.) Task 2.3 Quarterly Progress Reports Progress reports will be submitted quarterly to the Contract Manager. Task 3 - Data Analysis and DrafirRnal Reports Task 3.1 Data Analysis Orange County Coastkeeper will collect, compile, and perform statistical analyses on data from the sampling program and load the data into a project spreadsheet. Data wilt be statistically analyzed and graphs will be constructed. Metal concentrations will be compared with water quality standards (CTR values'fof metals). G1S information may be plotted on maps. Data will be submitted to the Regional Board 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 (including graphs and tables) 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. Page 4 of 5 Exhibit A Scope of Work 7. Target Completion Timeframes . City of Newport Beach 04 -381 -180 -1 Task NoMeliverables TargetfDeliverablefTimeframe Task 1: Project Management Project duration Task 2: Marina/Boatyard Sampling idyl ^^wS—April 2006 = Nov. 006 Task 2.1 Sampling Plan & QAPP Prior to Sample collection Task 2.2.12: Summer Sampling 4uneduly-20066 — SSegt: Task 2.2.2: Winter Sampling 20065 Task 2.3 Quarterly Progress Reports OG '� --April 2006, Oct/Nov. 2006 Beginning Ma 2006 Task 3: Data Analysis & Reports Task 3.1 Data Analysis April- Dec. Aug -2006 Task 3.2 Draft Report /Revision an. 311 007 Task 3.3 Final Report March 1 dare -3�, 2007 Page 5 of 6 . . City of Newport Beach 04 -391 -180 -1 Exhibit B Budget Detail and Payment Provisions 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 and /or allowable costs specified herein. 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. State Water Resources Control Board Santa Ana Regional Water Quality Control Board 3737 Main Street, Suite 500 Riverside, CA 92501 -3339 C. Invoice shall: 1) Be prepared on company letterhead. If invoices are not on produced letterhead invoices must be signed by an authorized official, employee or agent certifying that the expenditures claimed represent actual expenses for the service performed under this contract. 2) Bear the Contractor's name as shown on the agreement. 3) Identify the billing and /or performance period covered by the invoice. 4) Itemize. costs for.the.filling period in the.same or greater level of detail as indicated in this agreement. Subject to the terms of this agreement, reimbursement may only be sought for those costs and /or cost categories expressly identified as allowable in this agreement and approved by SWRCB. 2. Budget Contingency Clause A. 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. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. 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. Page 1 of 2 • Exhibit B Budget Detail and Payment Provisions 4, Task Budget City of Newport Beach 04- 391 -180 -1 Contractor will be reimbursed for services satisfactorily performed based on the follow task: Task Description Totals 1 Project Administration (City of NB & subcontractor $7,500 $39 m 43,000 2 Marina/Boatyard Sampling-Analysis $634A78 760 Sampling /Field Work (Subcontractor) $2758 31,760 3 Data Analysis/ Final Report $ 3,750 $ 4,000 2 Total Project Cost I $75;80990 000 S. Line Item Budget Page 2 of 2 Description Totals 1 Labor $39 m 43,000 Project Administration (Contractor + Subcontractor ) $ 7,250 - Sampling /Field Work (Subcontractor) $2758 31,760 Data Analysis/Final Report Subcontractor $ 4,000 2 Metals analyses - water +sediment $368wo 47,000 Subcontractor - analytical lab Total Project Cost $888 190,000 Page 2 of 2 JUL i ZLM.6 � C -3811 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 July 11, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Resolution 2006-: Authorization to Amend an Existing Contract for a Newport Bay Copper (Cu) Study with the State Water Resources Control Board ISSUE: Should the City amend a contract with the State Water Resources Control Board to accept an additional $15,000 for an expansion of a copper study in Newport Bay? RECOMMENDATION: Adopt Resolution 2006 -(Pa authorizing the City Manager to enter into a $90,000 copper study (up from $75,000) with the State Water Resources Control Board; 2. Adopt Budget Amendment #_ accepting $15,000 from the State Board for this 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 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) Copper Study Apht 26, 2005 Page 2 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. 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 State Water Resources Control Board, 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 a number of marinas in Lower Newport Bay. The Study will attempt to determine if the Cu leached from Cu antifouling boat paints remains in marina waters and sediments or is flushed out with the tides. It will also examine some 0 stormwater inputs to marinas. The study will stormdrains, along with channel sites, to attempt t o major source of Cu to Lower Newport Bay marinas. • Copper Study April 26, 2005 Page 3 include marinas with and without determine if boats in marinas are a The City Council approved Resolution 2005 -22 in April 2005 to conduct this $75,000 Study and to enter into related contracts. Regional Board staff believe that another $15,000 should be allocated towards the Study, and have agreed to provide the funding associated with an expanded Scope of Work. This agenda item asks for Council's acceptance of the increased amount. 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: I"Aa Dave kiff Assistant City Manager Attachments: Resolution 2005 -22 Resolution 2006 - Amended Scope of Work Budget Amendment #_ 0 • RESOLUTION NO. 2005- 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH THE STATE WATER RESOURCES CONTROL BOARD OR THE REGIONAL BOARD TO PERFORM A COPPER STUDY OF 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, one of the metal pollutants of concern is copper (Cu), deposited in the bay's waters by antifouling paints, brake dust, and stormwater sources; and WHEREAS, the State Water Resources Control Board, as a part of implementing the Toxic Pollutants TMDL, has directed and agreed to fund a Copper Study to examine inputs of copper to the Bay and the transport of copper across the Bay ecosystem; 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 a grant agreement or contract with the State Board or its Regional Board to conduct a Copper Study of up to $75,000; 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 with entities up to $75,000 to perform sampling and/or analysis relating to this Study. 9 ADOPTED this 26"' day of April, 2005. ATTEST: Mayor of Newport Beach /; 1 • / tr� LAVONNE HARKLESS City Clerk J 0 0 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2005 -22 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 26th day of April 2005, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of April 2005. (Seal) City Clerk Newport Beach, California '0 S• Copper Study April 26, 2005 Page 4 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY TO AMEND A CONTRACT WITH THE STATE WATER RESOURCES CONTROL BOARD OR THE REGIONAL BOARD RELATING TO A COPPER STUDY OF 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, one of the metal pollutants of concern is copper (Cu), deposited in the bay's waters by antifouling paints, brake dust, and stormwater sources; and WHEREAS, the State Water Resources Control Board, as a part of implementing the Toxic Pollutants TMDL, has directed and agreed to fund a Copper Study to examine inputs of copper to the Bay and the transport of copper across the Bay ecosystem; 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 a grant agreement or contract with the State Board or its Regional Board to conduct a Copper Study of up to $90,000; 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 with entities up to $90,000 to perform sampling and /or analysis relating to this Study. 0 ADOPTED this 11"' Day of July, 2006. DON WEBB Mayor of Newport Beach ATTEST: LAVONNE HARKLESS City Clerk Copper Study April 26, 2005 Page 5 i Exhibit A Scope of Work Service Overview • City of Newport Beach 04- 391 -180 -1 Contractor agrees to provide to the State Water Resources Control Board (SWRCB) the services described herein. Cu/Metals Marina Study — Lower Newport Bay. This study will examine the Cu /metal concentrations in the water and sediments in a number of marinas in Lower Newport Bay to determine if the Cu leached from Cu antifouling boat paints remains in marina waters and sediments or is flushed out with the tides. It will also examine some storm water inputs to marinas. The study will include marinas with and without stormdrains, along with channel sites, to attempt to determine if boats in marinas are a major source of Cu to Lower Newport Bay marinas. 2. Service Location The services shall be performed at Newport Bay marinas, channels and stormdrain locations. 3. Service Hours The services shall be provided as needed for the requirements of the project. 4. Project Representatives A. The,project representatives during the term of.this agreement will be: State Water Resources Control Board City of Newport Beach Linda Candelaria, PhD, Dave Kiff, Assistant City Manager Telephone: (951) 782 -4991 Telephone: (949) 644 -3002 Fax: (951) 781 -6288 Fax: (949) 644 -3020 E -mail: Icandelaria @waterboards.ca.gov E -mail: DKiff @city.newport- to: Santa Ana Regional Water Quality Attention: Dave Kiff Control Board Assistant City Manager Attention: Linda Candelaria, PhD, 3300 Newport Blvd. 3737 Main Street, Suite 500 Newport Beach, CA 92663 Riverside, CA 92501 -3339 Telephone: (951) 782 -4991 Telephone: (949) 644 -3002 Fax: (951) 781 -6288 Fax: (949) 644 -3020 E -mail: Icandelaria@waterboards.ca.gov E -mail: DKiff @city.newport- Page 1 of 5 0 Exhibit A Scope of Work • City of Newport Beach 04- 391 -180 -1 C. 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. S. Background and Goals 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 Santa Ana Regional Water Board. Metals shown to exceed the CTR values in Lower 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. Cu antifouling boat paints are a known 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 SCCWRP. However, the question remains as to the disposition of the Cu once it is released into the marina — Does the Cu remain in the marina, adsorb onto the sediments, or flush out of the bay with the tides? These are site specific questions which cannot be answered by a general Cu leaching study. In addition, Chromated Cu Arsenate has been used as a wood preservative for dock pilings. Boatyards are another potential source of Cu 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. 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. Over fifty larger 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 (Bay 2003, OCCK 2004). Some Lower Bay storm drain inputs into marinas will also be examined in an attempt to separate metal inputs from storm drains and metal inputs from boats to marinas. Page 2 of 5 0 Exhibit A Scope of Work • City of Newport Beach 04- 391 -180 -1 This Study — This study will examine the Cu /metal concentrations in the water and sediments in a number of marinas in Lower Newport Bay to determine if the Cu leached from Cu antifouling boat paints remains in marina waters and sediments or is flushed out with the tides. It may also examine some stormwater inputs to marinas. The study will include marinas with and without stormdrains, along with channel sites, to attempt to determine if boats in marinas are a major source of Cu to Lower Newport Bay marinas. 6. Services to be Performed Goals (Objective) The goal of this project is to determine if Cu antifouling boat paints are a significant source of Cu contamination to the water column and sediments in marinas, and Lower Newport Bay in general, and to determine the amount of Cu and other metals present in marina waters and sediments. A. Work: 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. Task 2 — Identify the extent of Cu contamination in Marina waters and sediments (Marina/Boatyard Sampling): This study will identify the contribution of Cu and other metals to marinas from boat paints and other marina activities such as routine boat maintenance. Marina, channel and some storm drain samples will be collected. Task 2.1 Sampling Plan and Quality Assurance Project Plan (QAPP) The Contractor (or Subcontractor) will prepare a sampling plan with the assistance of Regional Board staff 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 and submit to Contract Manager 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. Page 3 of 5 • Exhibit A Scope of Work Task 2.2 Sample Collection and Analysis • City of Newport Beach 04- 391 -180 -1 Water and sediment samples will be collected from 3 to 4 sites (3 marina. 1 channel ) n 6-te-8 marinas/channels. (Marinas to be sampled will be selected from the twenty marinas in Newport Bay). Water and sediment samples will be collected twice in the winter and summer. One winter sampling event may include a storm event. Both water and sediment samples will be analyzed for Cu plus other metals of concern (Cd, Cr, Ni, Pb, Zn, Sn} to determine the metal concentrations in marinas in Lower Newport Bay. Water and sediment samples will also be collected near the seyeFa4-boatyards outside the Rhine Channel, and from or near storm drains that empty into selected marinas. (Tasks 2.2.1 and 2.2.2 will refer to Summer and Winter sampling, respectively.) 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 collect, compile, and perform statistical analyses on data from the sampling program and load the data into a project spreadsheet. Statisties vAll be pe49Fmed on data ata will be statistically analyzed and graphs will be constructed. Metal concentrations will be compared with water quality standards (CTR values for metals). GIS information may be plotted on maps. Data will be submitted to the Regional Board 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 (including graphs and tables) 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. Page 4 of 5 City of Newport Beach 04- 391 -180 -1 Exhibit A Scope of Work 7. Target Completion Timeframes Task NOJDeliverables TargetfDaliverablWTImeframe Task 1: Project Management Project duration Task 2: Marina/Boatyard Sampling J4y-28g5—April 2006 — Nov. 006 Task 2.1 Sampling Plan & QAPP Prior to Sample collection Task 2.2.12: Summer Sampling JuneJuly -20066 — Sept.Seryt- Task 2.2.2: Winter Sampling 0065 Task 2.3 Quarterly Progress Reports Bst— F89a—April 2006, OcUNov. 006 Beginning Ma 2006 Task 3: Data Analysis & Reports Task 3.1 Data Analysis April- Dec. Atig -2006 Task 3.2 Draft Report /Revision an. 31. 007 Task 3.3 Final Report March 1, 2007 Page 5 of 5 • City of Newport Beach 04391 -180 -1 Exhibit B Budget Detail and Payment Provisions 1. 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 and /or allowable costs specified herein. 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. State Water Resources Control Board Santa Ana Regional Water Quality Control Board 3737 Main Street, Suite 500 Riverside, CA 92501 -3339 C. Invoice shall: 1) Be prepared on company letterhead. If invoices are not on produced letterhead invoices must be signed by an authorized official, employee or agent certifying that the expenditures claimed represent actual expenses for the service performed under this contract. 2) Bear the Contractor's name as shown on the agreement. 3) Identify the billing and /or performance period covered by the invoice. 4) Itemize costs for the filling period in the same or greater level of ­detail as indicated in this agreement. Subject to the terms of this agreement, reimbursement may only be sought for those costs and /or cost categories expressly identified as allowable in this agreement and approved by SWRCB. 2. Budget Contingency Clause A. 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. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement With no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. 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. Page 1 of 2 0 Exhibit B Budget Detail and Payment Provisions 4. Task Budget City of Newport Beach 04- 391 -180 -1 Contractor will be reimbursed for services satisfactorily performed based on the follow task: Task Description Totals 1 Project Administration (City of NB & subcontractor $7,500 $39;9Qg 43 000 2 Marina/Boatyard Sampling-Analysis $6477-5978,750 Sampling /Field Work (Subcontractor) $27 -ZS^9 31 750 3 Data Analysis/ Final Report $ 3,750 $ 4,000 2 Total Project Cost I $;&M90,000 5. Line item Budget Page 2 of 2 5 Description Totals 1 Labor $39;9Qg 43 000 Project Administration (Contractor + Subcontractor $ 7,250 Sampling /Field Work (Subcontractor) $27 -ZS^9 31 750 Data Analysis/Final Report (Subcontractor) $ 4,000 2 Metals analyses — water + sediment $3f�899 47,000 Subcontractor - analytical lab Total Project Cost 90 000 Page 2 of 2 5 jg!y of Newport Beac� NO. BA- 07BA -003 BUDGET AMENDMENT 2006 -07 AMOUNT: $15,000.00 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 an additional $15,000 for an expansion of a copper study in Newport Beach. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account 255 4855 EXPENDITURE APPROPRIATIONS (3603) Description Description Environ Contrib - State Water Res Board Signed: Signed: Signed: Financial Approval: Administrative Sgrvices Director Administrative Approval: ity Manager City Council Approval: City Clerk Amount Debit Credit $15,000.00 . Automatic $15,000.00 7 J.,_ �. Date .7 ate 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: Signed: Signed: Financial Approval: Administrative Sgrvices Director Administrative Approval: ity Manager City Council Approval: City Clerk Amount Debit Credit $15,000.00 . Automatic $15,000.00 7 J.,_ �. Date .7 ate Date S -I ATE OF CALIFORNIA C- kf�— STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER 04-391-180-0 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME (Also referred to as SWRCB or the State) State Water Resources Control Board CONTRACTOR'S NAME City of Newport Beach 2. The term of this May 1, 2005 throuqh January 31, 2007 Agreement is: (Also referred to as Contractor) 3. The maximum amount $ 75,000 of this Agreement is: Seventy Five Thousand Dollars. 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Aqreement. Exhibit A — Scope of Work 4 pages Exhibit B — Budget Detail and Payment Provisions 2 pages Exhibit C* - General Terms and Conditions GTC 304 Exhibit D —Additional Provisions 2 pages Exhibit E — Special Terms and Conditions 5 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.o�gs.ca.govIStandard+Lanquage 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 (Aut ized Signature) DATE SIGNED (Do nor ttpe) ,e5 Ii� (\- - 10 -12 -OS PRINTEDuI /AME AND TITLE OF PERSONfSIGNING Dave Kiff, Assistant City Manager ADDRESS 3300 Newport Blvd. Newport Beach, CA 92663 STATE OF CALIFORNIA 11 AGENCY NAME State Water Resources Contrqj_&�ard BY (Authorized Signatj.Y'V' Z / / DATE SIGNED (Do PRINTED NAME AND TITLE OF PERSON SIGNING ` C II Esteban Almanza, Chief, Division of Admini rative Services ADDRESS 1001 1 Street, 181h Floor, Sacramento, CA 95814 California Department of General Services Use Only I' NOV 3 2005 y G �- ❑ Exempt per: Q 2. 3. 4. Exhibit A Scope of Work Service Overview E City of Newport Beach 04 -391 -180 -0 Contractor agrees to provide to the State Water Resources Control Board (SWRCB) the services described herein. Cu/Metals Marina Study — Lower Newport Bay. This study will examine the Cu /metal concentrations in the water and sediments in a number of marinas in Lower Newport Bay to determine if the Cu leached from Cu antifouling boat paints remains in marina waters and sediments or is flushed out with the tides. It will also examine some storm water inputs to marinas. The study will include marinas with and without stormdrains, along with channel sites, to attempt to determine if boats in marinas are a major source of Cu to Lower Newport Bay marinas. Service Location The services shall be performed at Newport Bay marinas, channels and stormdrain locations. Service Hours The services shall be provided as needed for the requirements of the project. Project Representatives A. The project representatives during the term of this agreement will be: State Water Resources Control Board City of Newport Beach Linda Candelaria, PhD, Dave Kiff, Assistant City Manager Telephone: (951) 782 -4991 Telephone: (949) 644 -3002 Fax: (951) 781 -6288 Fax: (949) 644 -3020 E -mail: Icandeiaria0waterboards.ca.00v E -mail: DKiff(Mcity.newport- erect an inouires to: State Water Resources Control Board Santa Ana Regional Water Quality Control Board Attention: Linda Candelaria, PhD, 3737 Main Street, Suite 500 Riverside, CA 92501 -3339 City of Newport Beach Attention: Dave Kiff Assistant City Manager 3300 Newport Blvd. Newport Beach, CA 92663 Telephone: (951) 782 -4991 ( Telephone: (949) 644 -3002 Fax: (951) 781 -6288 Fax: (949) 644 -3020 E -mail: lcandelaria(a)waterboards.ca.00v E -mail: DKifffal_citv.newoort- Page 1 of 4 0 Exhibit A Scope of Work 0 City of Newport Beach 04 -391 -180-0 C. 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. 5. Background and Goals 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 Santa Ana Regional Water Board. Metals shown to exceed the CTR values in Lower 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. Cu antifouling boat paints are a known 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 SCCWRP. However, the question remains as to the disposition of the Cu once it is released into the marina — Does the Cu remain in the marina, adsorb onto the sediments, or flush out of the bay with the tides? These are site specific questions which cannot be answered by a general Cu leaching study. In addition, Chromated Cu Arsenate has been used as a wood preservative for dock pilings. Boatyards are another potential source of Cu 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. 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. Over fifty larger 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 (Bay 2003, OCCK 2004). Some Lower Bay storm drain inputs into marinas will also be examined in an attempt to separate metal inputs from storm drains and metal inputs from boats to marinas. Page 2 of 4 E Exhibit A Scope of Work 0 City of Newport Beach 04- 391 -180-0 This Study — This study will examine the Cu /metal concentrations in the water and sediments in a number of marinas in Lower Newport Bay to determine if the Cu leached from Cu antifouling boat paints remains in marina waters and sediments or is flushed out with the tides. It will also examine some stormwater inputs to marinas. The study will include marinas with and without stormdrains, along with channel sites, to attempt to determine if boats in marinas are a major source of Cu to Lower Newport Bay marinas. 6. Services to be Performed Goals (Objective) The goal of this project is to determine if Cu antifouling boat paints are a significant source of Cu contamination to the water column and sediments in marinas, and Lower Newport Bay in general, and to determine the amount of Cu and other metals present in marina waters and sediments. A. Work: 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. Task 2 — Identify the extent of Cu contamination in Marina waters and sediments (Marina/Boatyard Sampling): This study will identify the contribution of Cu and other metals to marinas from boat paints and other marina activities such as routine boat maintenance. Marina, channel and some storm drain samples will be collected. Task 2.1 Sampling Plan and Quality Assurance Project Plan (QAPP) The Contractor (or Subcontractor) will prepare a sampling plan with the assistance of Regional Board staff 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 and submit to Contract Manager 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 Water and sediment samples will be collected from 3 to 4 sites in 6 to 8 marinas /channels. (Marinas to be sampled will be selected from the twenty marinas in Newport Bay). Water and sediment samples will be collected twice Page 3 of 4 E Exhibit A Scope of Work �-I City of Newport Beach 04- 391 -180 -0 in the winter and summer. One winter sampling event may include a storm event. Both water and sediment samples will be analyzed for Cu plus other metals of concern (Cd, Cr, Ni, Pb, Zn) to determine the metal concentrations in marinas in Lower Newport Bay. Water and sediment samples will also be collected near several boatyards outside the Rhine Channel, and from or near storm drains that empty into selected marinas. (Tasks 2.2.1 and 2.2.2 will refer to Summer and Winter sampling, respectively.) 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 collect, compile, and perform statistical analyses on data from the sampling program and load the data into a project spreadsheet. Statistics will be performed on data and graphs will be constructed. Metal concentrations will be compared with water quality standards (CTR values for metals). GIS information may be plotted on maps. Data will be submitted to the Regional Board 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 (including graphs and tables) 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. 7. Target Completion Timeframes Task No. /Deliverables arget/Deliverablerrimeframe Task 1: Project Management Project duration Task 2: Marina/Boatyard Sampling July 2005 — April 2006 Task 2.1 Sampling Plan & QAPP Task 2.2.12: Summer Sampling Task 2.2.2: Winter Sampling Task 2.3 Quarterly Progress Reports Prior to Sample collection July 2005 — Sept. 2005 Oct. 2005 — April 2006 Beginning Sept. 2005 Task 3: Data Analysis & Reports Task 3.1 Data Analysis Task 3.2 Draft Report /Revision April- Aug 2006 Aug. 2006 — Dec. 2006 Task 3.3 Final Report Jan. 31, 2007 Page 4 of 4 City of Newport Beach 04- 391 -180 -0 Exhibit B Budget Detail and Payment Provisions 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 and /or allowable costs specified herein. 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. State Water Resources Control Board Santa Ana Regional Water Quality Control Board 3737 Main Street, Suite 500 Riverside, CA 92501 -3339 C. Invoice shall: 1) Be prepared on company letterhead. If invoices are not on produced letterhead invoices must be signed by an authorized official, employee or agent certifying that the expenditures claimed represent actual expenses for the service performed under this contract. 2) Bear the Contractor's name as shown on the agreement. 3) Identify the billing and/or performance period covered by the invoice. 4) Itemize costs for the filling period in the same or greater level of detail as indicated in this agreement. Subject to the terms of this agreement, reimbursement may only be sought for those costs andlor cost categories expressly identified as allowable in this agreement and approved by SWRCB. 2. Budget Contingency Clause A. 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. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. 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. Page 1 of 2 E Exhibit B Budget Detail and Payment Provisions 4. Task Budget • City of Newport Beach 04- 391 -180-0 Contractor will be reimbursed for services satisfactorily performed based on the follow task: Task Description Totals 1 Project Administration (City of NB & subcontractor) $7,500 $39,000 2 Marina /Boatyard Sampling - Analysis $63,750 Sampling /Field Work (Subcontractor) $27,750 3 Data Analysis/ Final Report $ 3,750 $ 4,000 2 Total Project Cost $75,000 5. Line Item Budget Page 2 of 2 Description Totals 1 Labor $39,000 Project Administration (Contractor + Subcontrt) $ 7,250 Sampling /Field Work (Subcontractor) $27,750 Data Analysis /Final Report (Subcontractor) $ 4,000 2 Metals analyses — water + sediment $36,000 (Subcontractor - analytical lab Total Project Cost $75,000 Page 2 of 2 0 Exhibit D Additional Provisions Contract Amendments • City of Newport'Beach 04- 391 - 180 -01 Should either party, during the term of this agreement, desire a change or amendment to the terms of this Agreement, such changes or amendments shall be proposed in writing to the other party, who will respond in writing as to whether the proposed changes /amendments are accepted or rejected. If accepted and after negotiations are concluded, the agreed upon changes shall be made through the official amendment process. No amendment will be considered binding on either party until it is formally approved both parties and the Department of General Services, if required. 2. Cancellation / Termination A. This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and /or payment/invoicing instructions /requirements. B. Upon receipt of a notice of termination or cancellation from SWRCB, City of Newport Beach shall take immediate steps to stop performance and to cancel or reduce subsequent contract costs. C. City of Newport Beach shall be entitled to payment for all allowable costs authorized under this agreement, including authorized non - cancelable obligations incurred up to the date of termination or cancellation, provided such expenses do not exceed the stated maximum amounts payable. 3. Dispute Resolution Process A. City of Newport Beach should first discuss the problem informally with the SWRCB program contract manager. If the problem cannot be resolved at this stage, City of Newport Beach must direct the grievance together with any evidence, in writing, to the program Section Chief. The grievance must state the issues in dispute, the legal authority or other basis for City of Newport Beach's position and the remedy sought. The Section Chief must make a determination on the problem within ten (10) working days after receipt of the written communication from City of Newport Beach. The Section Chief shall respond in writing to City of Newport Beach indicating the decision and reasons therefore. Should City of Newport Beach disagree with the Section Chief's decision, City of Newport Beach may appeal to the second level. B. City of Newport Beach must prepare a letter indicating why the Section Chief's decision is unacceptable, attaching to it City of Newport Beach's original statement of the dispute with supporting documents along with a copy of the Section Chief's response. This letter shall be sent to the Division Chief of the division in which the section is organized within ten (10) working days from receipt of the Section Chief's decision. The Division Chief or designee shall meet Page 1 of 2 City of Newport Beach 04- 391 - 180 -01 Exhibit D Additional Provisions with City of Newport Beach to review the issues raised. A written decision signed by the Division Chief or designee shall be returned to City of Newport Beach within twenty (20) working days of receipt of City of Newport Beach's letter. Page 2 of 2 City of Newport Beach 04 -391 -180 -0 Exhibit E Special Terms and Conditions 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) 2. 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. c. 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. 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 specked 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 Page 1 of 5 City of Newport Beach 04- 391 -180 -0 Exhibit E Special Terms and Conditions 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 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 speck 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) 3. INCOME RESTRICTIONS: The Contractor agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Contractor under this Agreement shall be paid by the Contractor to the State, to the extent that they are properly allocable to costs for which the Contractor has been reimbursed by the State under this Agreement. El 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. Page 2 of 5 0 Exhibit E Special Terms and Conditions 0 City of Newport Beach 04- 391 -180 -0 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. 5. 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) 6. 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) 7. 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. Page 3 of 5 City of Newport Beach 04- 391 -180 -0 Exhibit E Special Terms and Conditions 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 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. Page 4 of 5 City of Newport Beach 04- 391 -180 -0 Exhibit E Special Terms and Conditions 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 -GRIM. 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. 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. 15. 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. Page 5 of 5 • C3g'�DO BY THE CnY COUNCIL ITY OF NEWPORT BEACH C4Y OF NEWPORT OEA[[CH„ CITY COUNCIL STAFF REPORT Agenda Item No. S23 April 26, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dldfl`@city.newport- beach.ca.us SUBJECT: Resolution 2005-: Authorization to Enter into a Newport Bay Copper (Cu) Study with the State Water Resources Control Board ISSUE: Should the City participate in a copper study of Newport Bay with the State Water Resources Control Board? 1. Adopt Resolution 2005- authorizing the City Manager to enter into a $75,000 copper study with the State Water Resources Control Board; 2. Approve Budget Amendment #_ accepting $75,000 from the State Board and appropriate funds for this Study. DISCUSSION: Backaround: 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 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) Copper Study April 26, 2005 Page 2 i 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. 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 State Water Resources Control Board, 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 a number of marinas in Lower Newport Bay. The Study will attempt to determine if the Cu leached from Cu antifouling boat paints remains in marina waters and sediments or is flushed out with the tides. It will also examine some . stormwater inputs to marinas. The study will include marinas with and without Copper Study April 26, 2005 Page 3 stormdrains, along with channel sites, to attempt to determine if boats in marinas are a major source of Cu to Lower Newport Bay marinas. The State Board is providing 100% of the $75,000 needed for this study. Committee Action: Workplan and results to this study will be brought to the Coastal /Bay Water Quality Committee and the Harbor Commission at a future date. The study workplan itself has not been reviewed by either body. 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: $75,000 is available from the State Water Resources Control Board for this Study. • Submitted by: (A— Dave Kiff Assistant City Manager, Attachments: Resolution 2005 - Budget Amendment # Copper Study Apri! 25, 2005 Page 4 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH THE STATE WATER RESOURCES CONTROL BOARD OR THE REGIONAL BOARD TO PERFORM A COPPER STUDY OF 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, one of the metal pollutants of concern is copper (Cu), deposited in the bay's waters by antifouling paints, brake dust, and stormwater sources; and WHEREAS, the State Water Resources Control Board, as a part of implementing the Toxic Pollutants TMDL, has directed and agreed to fund a Copper Study to examine inputs of copper to the Bay and the transport of copper across the Bay ecosystem; 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 a grant agreement or contract with the State Board or its Regional Board to conduct a Copper Study of up to $75,000; 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 with entities up to $75,000 to perform sampling and/or analysis relating to this Study. 0 Copper Study April 26, 2005 Page 5 • ADOPTED this 26"' day of April, 2005. ATTEST: LAVONNE HARKLESS City Clerk • • STEVE BROMBERG Mayor of Newport Beach 4pity of Newport Beach NO. BA- 059 BUDGET AMENDMENT 2004 -05 AMOUNT: $7s,000.00 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations X 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 revenue and expenditure appropriations for a Newport Bay Copper Study, funded by the State Water Resources Control Board. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 455 3605 REVENUE ESTIMATES (3601) Fund/Qivision Account 455 4XXX EXPENDITURE APPROPRIATIONS (3603) Description D_ _escription Environmental Contributions Fund - SWRCB Amount Debit Credit $75,000.00 LJ Description Division Number 7455 Environmental Contributions Fund -SWRCB Account Number C5100804 Newport Bay Copper Study $75,000.00 Division Number Account Number Division Number Account Number Division Number Account Number • Automatic System Entry. Signed: o L(- a1 `OS Financial Approval: Adminis!tra Sellvioes Director Date i Signed: mss~ iAdministrative val: City Manager Datd • Signed: City Council Approval: City Clerk Date