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