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HomeMy WebLinkAbout12 - Clean Beaches Initiative Contract with the State Water Resources Control BoardITEM 12 TO: Members of the Newport Beach City Council FROM: Dave Kiff, Assistant City Manager SUBJECT: Clean Beaches Initiative Contract with the State Water Resources Control Board RECOMMENDED Authorize the Mayor to execute the attached contract with the State ACTION: Water Resources Control Board in the amount of $200,000 for projects under the Clean Beaches Initiative. BACKGROUND: When the voters of the State of California approved Propositions 12 (the Parks Bond) and Proposition 13 (the Water Bond) in March 2000, the City was able to apply for and receive competitive grants for specific projects in and around Newport Beach. The City accepted these grants in October 2001. One of these grants — $500,000 worth — came from Governor Davis' Clean Beaches Initiative (CBI). CBI projects must follow these guidelines: • Projects, not Studies. Funds must be spent on specific projects and structures, not studies of existing problems. • Reduce Closures and Postings. Dollars spent must result in reductions of postings and closures of beaches. Health officials keep this data by beach mile day - a beach mile day refers to a single closure or posting, its linear distance along the beach, and the day or days in which the closure or posting endures. Thus, structural improvements in areas without beaches are generally ineligible. • Complete Projects ASAP. The State Water Resources Control Board staff has been persistent in encouraging recipients of the Clean Beaches Initiative dollars to complete all projects by Summer 2002. We have proposed using the $200,000 of the $500,000 for the following projects: Page 2 • Circulation Improvements at Newport Dunes and Newport Island. We did a pilot test of a circulation device at the Dunes in February and are interested in doing another test around Newport Island; and Storm Drain to Sewer Diversions at Newport Dunes, including diverting the remaining two storm drains that enter the Newport Dunes swimming lagoon; and • Storm Drain Filters and Screens (with possibly sump pumps) in West Newport at watersheds draining into Newport Island channels. We expect General Services Department staff to install these screens (with Ab Tec brand filters) within 45 days. As noted, the City Council accepted $500,000 from the State for projects under this contract. Funding is included in the FY 2001 -02 Capital Improvement Program (CIP Item 7251- C510096). ATTACHMENT: Proposed Contract with the State Water Resources Control Board STATE OF CALIFORNIA STANDARD AGREEMENT STD. 213 (Rev 09/01) AGREEMENT NUMBER 1 01- 079 -550 -0 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME State Water Resources Control Board CONTRACTOR'S NAME City of Newport Beach 2. The term of this Agreement is: July 1, 2001 through November 30, 2004 3. The maximum amount $ 200,000.00 of this Agreement is: Two hundred thousand dollars 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit A — Scope of Work 1 page(s) Exhibit A -1 — Work to be Performed 7 page(s) Exhibit B — Budget Detail and Payment Provisions 4 page(s) Exhibit C* — General Terms and Conditions GTC 201 Check mark one item below as Exhibit D: ® Exhibit — D Special Terms and Conditions (Attached hereto as part of this agreement) 3 page(s) Fj Exhibit — D* Special Terms and Conditions Exhibit E - SWRCB CBI Special Conditions 4 page(s) Items shown with an Asterisk ( *), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.das.ca.gov /contracts IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (it other than an individual, state whether a corporation, partnership. etc.) City of Newport Beach BY (Authorized Signature) DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Mr. Tod W. Ridgeway, Mayor ADDRESS 3300 Newport Boulevard Newport Beach. CA 92658 -8915 STATE OF CALIFORNIA i State Water Resources Control Board M Bill Brown, Chief, Division of Administrative Services 10011 Street, Sacramento, CA 95814 California Department of General Services Use Only IMI Exempt per: EXHIBIT A SCOPE OF WORK City of Newport Beach SWRCB No.: 01- 079 -550-0 Page 1 of 1 1. Contractor agrees to provide to the State Water Resources Control Board (SWRCB) subvention services as described herein: 2. The Contractor shall install two storm drain diversions and perform a water circulation study at Newport Dunes, and shall install a one -way valve and catch basin inlet filters in the Channel Park area of Newport Beach in Orange County California. 3. The project representatives during the term of this agreement will be: PROJECT REPRESENTATIVES State Agency: State Water Resources Control Board Contractor: City of Newport Beach SWRCB Project Representative: Christopher Stevens Project Representative: Tod W. Ridgeway, Mayor Phone: 916 341.5698 Phone: 949 644 -3000 Fax: 916 341 -5707 . Fax: 949 644 -3020 The SWRCB's Project Representative shall be Christopher Stevens of the Division of Clean Programs. The SWRCB Project Representative shall be the day -to -day representative for administration of this agreement, and, except as otherwise specifically provided, shall have full authority to act on behalf of the SWRCB with respect to this agreement. The SW RCB's Executive Director, or designee, may also perform any and all acts that could be performed by the SWRCB Project Representative under this agreement. Except as otherwise expressly provided, all communications relative to this agreement shall be given to the SWRCB Project Representative. The Project Representative shall be Tod W. Ridgeway, Mayor. The Project Representative shall be the Contractor's representative for the technical conduct and administration of the agreement and shall have full authority to act on behalf of the Contractor. All communications given to the Project Representative shall be binding as it given to the Contractor. The parties may change their SWRCB Project Representative or Project Representative upon providing written notice to the other party. Direct all inquiries to: State Water Resources Control Board Contractor's Name City of Newport Beach Division of Clean Water Programs Section /Unit City Manager's Office Attention: Laura L. Peters Attention: Dave Kill Address: 1001 1 Street, 16 In Floor Sacramento, CA 95814 Address: 3300 Newport Boulevard, Newport Beach 92658 -8915 Phone: 916 341 -5854 Phone: 949 644 -3002 Fax: 916 341 -5707 Fax: 949 644 -3020 4. Detailed description of work to be performed and duties of all parties shall be provided in accordance to Exhibit A -1 Work To Be Performed which is attached hereto and made part of this agreement City of Newport Beach SWRCB No.: 01.079 -550 -0 Page 1 of 7 EXHIBIT A -1 — WORK TO BE PERFORMED A. BACKGROUND AND GOALS Newport Bay is an impaired water body listed on the Section 303(d) List for sediment, nutrients, fecal coliform, and toxics. As a result of weekly testing AS 411 done by the Orange County Health Care Agency at 35 different sites in Newport Bay and at twelve ocean sites (testing done by the Orange County Sanitation Agency), Newport Beach and Newport Bay had beach postings covering more than 550 Beach Mile Days in 2001. Two swimming areas in the Bay accounted for more than 80% of the postings, meaning that high bacteria levels in the waters impaired the public's ability to swim in and enjoy these areas. The intent of this project is to reduce bacteria inputs from onshore sources and to increase die -off rates of on -water sources of bacteria so as to meet REC -1 standards in the Bay and along the shoreline. At the completion of this Project, the City expects at least a 50% reduction in beach mile day postings in 2002. It does so by: Part 1. Installing inlet guards (eg National Inlet Protection) and runoff - retaining valves (eg TideFlex) in the storm drain network draining into Newport Island's channels along with increasing maintenance activities at the valves to remove fresh -water runoff before it enters Newport Bay; Part 2. Plugging the remaining storm drains at Newport Dunes and automatically pumping flows from the drains into the sanitary sewer ( "Dunes Diversions "); Part 3. Pilot testing devices (eg InStreem) that increase circulation and aeration in Newport Dunes and Newport Island, with the potential of permanently installing these devices in a later phase, if shown to be effective. A later phase may include installing additional inlet guards and runoff- retaining valves in the storm drain network draining into other critical parts of the Bay (Bayside Drive, Corona del Mar, the Balboa Peninsula) should Part 1 of this Project be deemed effective. As noted, a later phase of the Project could also include permanent installation of circulation /aeration devices (again depending upon the success of the pilot test). The Project will combine the resources of the Clean Beaches Initiative with the resources of the City of Newport Beach (municipality with jurisdiction), the County of Orange's Health Care Agency (water testing), and the County of Orange's Public Facilities and Resources Department (PFBRD), trustees of the Newport Dunes tidelands. B. WORK TO BE PERFORMED The purpose of this Contract is to plan, design, and implement the Newport Beach CBI Bay/Beach Improvement Project. The Project includes these major components: Design, install and operate: Dunes Diversions. Plugs in the two remaining major storm drains entering the Newport Dunes Swimming Lagoon, after which flows retained in the system will be pumped via automatic sump pumps into the sanitary sewer; Runoff Controls near West Newport Channels. Includes installing up to 30 inlet guards and three 1 -way "Tide -Flex" valves to keep fresh water runoff from mixing with tidal flows. Inlet guards would keep debris out of storm drain network, 1 -way valve would catch and hold fresh water until City vactor crews or a self- contained sump pump (pumping to a sewer line) can remove it; and Circulation Pilot Test. Analyze, via field testing and modeling (using the existing RMA model of Newport Bay), the reduction in bacteria (if any) when devices that aerate and circulate bay water are installed in Newport Dunes Swimming Lagoon. City of Newport Beach SWRCB No.: 01- 079 -550 -0 Page 2 of 7 EXHIBIT A -1 — WORK TO BE PERFORMED The Contractor shall be responsible for the performance of the work as set forth herein below and for the preparation of products and a final report as specified in this Exhibit. The Project Representative shall promptly notify the SWRCB Project Representative of events or proposed changes that could affect the scope, budget, or schedule of work performed under this agreement. Task 1. Project Management and Administration 1.1 Provide all technical and administrative services as needed for contract completion; monitor, supervise and review all work performed; and coordinate budgeting and scheduling to assure that the contract is completed within budget, on schedule, and in accordance with approved procedures, applicable laws, and regulations. 1.2 Ensure that the contract requirements are met through completion of quarterly status reports submitted to the Contract Manager by the 10`" of the month following the end of the calendar quarter (March, June, September, and December) and through regular communication with the Contract Manager. The progress reports shall describe activities undertaken and accomplishments of each task during the quarter, milestones achieved, and any problems encountered in the performance of the work under this contract. The description of activities and accomplishments of each task during the quarter shall be in sufficient detail to provide a basis for payment of invoices and shall be translated into percent of task work completed for the purpose of calculating invoice amounts. 1.3 Disclosure Requirements - Include the following disclosure statement in any document, written report, or brochure prepared in whole or in part pursuant to this contract: "Funding for this project has been provided in full or in part through a contract with the State Water Resources Control Board (SWRCB) pursuant to the Costa - Machado Water Act of 2000 (Proposition 13) and any amendments thereto for the implementation of California's Clean Beaches Initiative. The contents of this document do not necessarily reflect the views and policies of the SWRCB, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." The Contractor shall include in each of its subcontracts for work under this contract a provision that incorporates the requirements stated within this subtask. 1.4 The Contractor and any of its subcontractors shall notify the Contract Manager at least ten (10) working days prior to any public or media event publicizing the accomplishments and/or results of this contract and provide the opportunity for attendance and participation by SWRCB representatives. 1.5 Complete a one -page contract summary form (form to be provided by the SWRCB) within three months of the contract execution. 1.6 Award subcontract(s) to appropriate organization(s) to perform tasks as outlined in this agreement. Document steps taken in soliciting and awarding the subcontract and submit them to the Contract Manager for review. Document all subcontractor activities in quarterly reports. 1.7 Every six months during the life of this contract, the Contractor shall develop and submit to their assigned SWRCB Program Analyst expenditure /invoice projections to enable funding to be available for payment of invoices. 1.8 At the completion of this project and prior to final payment, the Project Director shall fill out and provide a project survey form to the Contract Manager. Task Deliverables : 1.2 Quarterly Progress Reports, 1.5 Contract Summary Form, 1.6 Subcontractor Documentation, 1.7 Expenditure /Invoice projections, 1.8 Project Survey Form City of Newport Beach SW RCB No.: 01- 079 -550 -0 Page 3 of 7 EXHIBIT A -1 — WORK TO BE PERFORMED Task 2: Preliminary Design 2.1 Preliminary Diversion Design. The Project Director shall oversee the preliminary design of the diversions near the Newport Dunes Swimming Lagoon and its watershed areas. 2.2 Preliminary Valve and Inlet Guard Design. The Project Director shall oversee the preliminary plans to place up to 30 catch basin inlet guards and three one -way flex valves in the West Newport storm drain network including the small watersheds that enter the Bay at 43 rd Street and 38th Street. 2.3 Circulation Improvement Pilot Project Plan. The Project Director shall oversee a consultant's design of the Circulation Improvement Pilot Project Plan that would show the types of devices proposed to be installed, the monitoring program post - installation, any water quality modeling, and that would estimate effectiveness measures of the tested devices. Task Deliverables : 2.1 -- Preliminary Diversion Design; 2.2 -- Preliminary Valve and Inlet Guard Design; and 2.3 -- Circulation Improvement Pilot Project Plan. Task 3: Permits and CEOA Documents 3.1. The Project Director will prepare applicable California Environmental Quality Act (CEQA) document associated with the Project (found to be exempt under one or more categorical exemptions) and record with the Orange County Clerk- Recorder's office. 3.2. The Project Director will secure all required permits for project work. No work that is subject to permitting shall proceed under this contract until documents that satisfy the permitting process(es) are received by the Contract Manager. Permits may include (if deemed to be applicable by permitting agencies): a. US Army Corps of Engineers Section 404 Permit. Where any part of the Project would require dredging and filling of wetlands /waters of the United States, the contractor will secure a Corps Section 404 Permit. b. US Fish and Wildlife Section 7 Permit. If any part of the Project would result in an impact to any federally listed specials, the contractor will prepare a request for consultation under Section 7 of the Endangered Species Act with the US Fish and Wildlife Service (US F &WS). c. Gantornla Hegional water uumay uontrol tloara oama Ana Region, oeciton 4v i r-ermn. If determined by Board staff to be applicable, the contractor will prepare and submit a request fora waiver under Section 401of the Clean Water Act. Also, if applicable, prepare and submit a Notice of Intent to conduct work under the General Construction Activity stormwater permit. Prepare and submit any applicable stormwater pollution prevention plan associated with the latter permit. d. California Department of Fish and Game Streambed Alteration Agreement. If found to be applicable, prepare and submit a Streambed Alteration Agreement. e. California Coastal Commission Coastal Development Permit. If found to be applicable, after receiving an `approval in concept" (AIC) from the City of Newport Beach, prepare and submit application for a Coastal Development Permit. f. County of Orange Encroachment Permit. Installation of any diversion device in the Newport Dunes Swimming Lagoon will likely require an Encroachment Permit from the County of Orange. g. City of Newport Beach Approval in Concept (AIC) and Encroachment Permit. If found to be applicable, prepare and submit a request for an AIC (see above) and an Encroachment Permit from the City of Newport Beach for any construction activity on publicly -owned land or right-of-way. EXHIBIT A -1 — WORK TO BE PERFORMED h. proposal to divert dry- weather !lows into the Oran facilities or collection system requires a Diversion Weather Flows. City of Newport Beach SWRCB No.: 01-079-550-0 Page 4 of 7 nit and Agreement. Any ity Sanitation District's treatment and an Agreement to Divert Dry 3.3 The Project Director will provide liaison with the above - listed agencies to answer questions, coordinate field visits, secure permits, and incorporate any mitigation measures as outlined in the permit conditions. Task Deliverables: 3.1 CEQA Documentation; 3.2 Applicable Permits. Task 4: Final Project Engineering Contractor will oversee Final Project Engineering to prepare construction documents that will allow the construction and implementation of Project components. Contractor will hire a consultant to prepare the construction documents needed for the Project. Contractor shall cause the work to be done through consultants on reports, drawings, and specifications necessary to prepare final construction documents needed for the Project. 4.1 Project Review: Contractor or consultant(s) will review the existing preliminary design work for the Project, conduct a kick -off meeting and present a tentative time schedule and agreed -upon scope of work. The following tasks will be considered for the Project Review: • Appropriate location, capacity (in gallons per minute), shut -off controls, and anti - debris grating of diversions near Dunes lagoon; • Appropriate locations, sizing, and maintenance schedule for inlet guards and one -way valves in West Newport channel watersheds (43" Street and 38'h Street); • Scope, duration, quality control, and water quality monitoring of Circulation Pilot Test; • A long -term maintenance plan for the diversions and West Newport runoff control measures; • Development of a concise public participation plan to ensure public comment and review of the plans and designs and public acceptance for the Project goals. 4.2 Field Survey and Hydrology Review. Perform field survey work as required to complete the design work. Hydrological and geotechnical services, if applicable, may include both field and laboratory services and preparation of a final Survey report with design recommendations. 4.3 Preparation and Approval of Predesign Technical Memorandum. Prepare (and approve) a pre - design technical memorandum to verify the project concept and direction. The Memorandum may include any or all aspects of Part 4.1 (above). 4.4 Preparation of Contract Documents /Authorize Contract to be Let for Bid. Prepare contract documents (construction plans, specifications, and final cost estimate) for the Project in accordance with City of Newport Beach standards. Project will consist of the features described in the Predesign Technical Memorandum as approved by the Contract Manager. Let the Contract for bid per the City's standards. 4.5 Assistance with Bidding /Recommendation to City Council. Provide assistance to the City during the bidding period to answer questions, preparing any addenda to the Contract, and preparing a staff report with recommendation to the City Council on the award of the Project. Task Deliverables: 4.1 — Tentative Time Schedule and Tentative Scope of Work; 4.2 — Field Survey and Hydrology Products; 4.3 — Pre- design Technical Memorandum; 4.4 — Contract Document; 4.5 — Council Staff Report Task 5: Project Construction/Project Implementation City of Newport Beach SWRCB No.: 01- 079.550 -0 Page 5 of 7 EXHIBIT A -1 — WORK TO BE PERFORMED 5.1 City Council will select a contractor (using lowest responsible bidder) to complete all or portions of the Project. Mayor will execute final contract. 5.2 Contactor will implement/construct storm drain to sewer diversions and West Newport runoff retention devices (flex valves and inlet guards). The following is a preliminary outline of the construction methods to be used by the contractor for Project construction. Contractor will refine this process further after completion of Pre - design Technical Memorandum. The Contractor or construction manager will finalize the timing and sequencing of the construction: • Grade and/or excavate diversion sites; • Install diversions, including plugs, pumps, debris grating and shut -off mechanism (for shut -off during wet weather events); • Replacement of excavated soils; • Installation of valves and inlet guards; 5.3 Contractor (for Circulation Pilot Test) will implement study outline, including: • Assist vendors with the installation of circulation device(s); • Coordinate effectiveness review and monitoring plan; • Coordinate analysis of water quality test data; and • Model alternatives in other critical Bay sites, where appropriate (including Newport Island channels); Task Deliverables: 5.1 — Executed Contract; 5.2 — Photos from completed project and as -built drawings; 5.3 -- Completed Analysis, including summary of Pilot Test, of Circulation /Aeration Study; Task 6: Quality Assurance Project Plan (OAPP) 6.1 Contractor will prepare and maintain a Quality Assurance Project Plan (QAPP) in accordance with the requirements included in Section 8. The OAPP shall be approved by the SW RCB QAPP officer prior to the implementation of any sampling or monitoring activities. Task Deliverable: 6.1 Approved QAPP TASK 7: MONITORING AND REPORTING PLAN 7.1 Contractor will prepare (and submit to the SW RCB for the Contract Manager's approval) a Monitoring and Reporting Plan (MRP) consistent with Water Code § 79148.8(d). The plan shall address the following information: • A water quality baseline; • Identification of one or more likely sources of non -point source pollution in the Newport Bay, with additional specificity as to sources near Newport Island channels and Newport Dunes swimming lagoon; • A summary of the expected water quality benefits and the implementation methods of the runoff retention devices, diversions, and circulation /aeration devices. • Measurement of the effectiveness (pre- and post- Project) of the Project's components in preventing or reducing water quality impairments in Newport Bay and, where applicable, Newport Beach's ocean beaches. Task Deliverable: 7.1 Approved Monitoring and Reporting Plan C. SCHEDULE OF COMPLETION DATES City of Newport Beach SW RCB No.: 01- 079 -550 -0 Page 6 of 7 EXHIBIT A -1 — WORK TO BE PERFORMED Task Subtask Deliverable Completion Date 1 Project Management and Administration 1.2 Quarterly Reports March 2002/quatedy thereafter 1.5 Contract Summary March, 2002 1.7 E"nditure Projections July 20021semi- annually thereafter 1.8 Project Survey Form August 15, 2004 2 Preliminary Design 2.1 Prelimina Diversion Design May, 2002 2.2 Preliminary Valve and Inlet Guard Design May, 2002 2.3 ICirculation Improvement Pilot Project Plan March, 2002 3 Permits and CEQA Documents 3.1 Recorded Categorical Exemption or Neg Dec December, 2001 3.2 Corps 404 Permit April, 2002 3.2 US Fish and Wildlife Permit April, 2002 3.2 Regional Board Section 401 Permit April, 2002 3.2 County of Orange Encroachment Permit April, 2002 3.2 City of Newport Beach AIC and Encroachment Permit April, 2002 3.2 DF &G Streambed Alteration Agreement April, 2002 3.2 Coastal Commission CDP May, 2002 3.2 j0CSD Diversion Permit/Diversion Agreement June, 2002 4 Final Project Engineering 4.1 Tentative Time Schedule /Scope of Work May, 2002 4.2 H drolo and Other Surveys May, 2002 4.3 Predesign Technical Memorandum May, 2002 4.4 Preliminary Contract June, 2002 4.5 City Council Staff Report June, 2002 6 Project ConstructiontPro ect Implementation 5.1 1 E12cuted Contract (Circulation /Aeration Pilot Test) April, 2002 5.3 Completed Analysis of Circ /Aer Pilot Test May, 2002 5.1 jExecuted Contract (Diversions & RRDs) June, 2002 5.2 Photos /As -Built Drawings (Diversions & RRDs) July 2002 - April 2003 6 Oualit Assurance Project Plan 6.1 Approved QAPP July, 2002 7 Monitorin and Re ortin Plan 7.1 Approved Monitoring and Reporting Plan July, 2002 RRDs = Runoff Retention Devices City of Newport Beach SWRCB No.: 01-079 -550 -0 Page 7 of 7 EXHIBIT A -1 — WORK TO BE PERFORMED D. REPORTS 1. The Project Representative shall submit a quarterly progress report to the SW RCB Project Representative describing activities undertaken, accomplishment of milestones, and any problems encountered in the performance of the work under this agreement, and delivery of intermediate products, if any. The description of activities and accomplishments of each task during the quarter shall contain sufficient detail to provide a basis for payment of invoices and shall be translated into percent of task work completed for the purpose of calculating invoice amounts. 2. The invoice shall include a copy of the progress report. If the progress report does not accompany the invoice, the invoice shall not be deemed complete until a copy of the progress report is received. 3. The Project Representative shall submit to the SW RCB Project Representative one reproducible master and two (2) copies of a draft report describing the work performed pursuant to Section B of this Exhibit for review and comment. 4. The SW RCB Project Representative shall submit final comments on the draft report to the Project Representative. 5. The Project Representative shall submit to the SW RCB Project Representative for approval one reproducible master and two (2) copies of the final report containing the results of the work performed and addressing the comments submitted to the Project Representative by the SW RCB Project Representative. The report shall not be considered final until accepted and approved by the SW RCB Project Representative. E. SPECIAL MITIGATION MEASURES [X] No special mitigation measures are attached to this grant. or [ ] Special mitigation measures that must be complied with are as follows:. City of Newport Beach SWRCB No.: 01- 079 -550 -0 Page 1 of 4 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS INVOICING AND PAYMENT For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement. A. Invoices shall include the Agreement Number and shall be submitted in triplicate not more frequently than quarterly in arrears to: Laura L. Peters State Water Resources Control Board 1001 1 Street, 16th Floor Sacramento, CA 95814 B. Payments will be on a cost incurred basis, upon receipt of an undisputed invoice and completed "Request for Disbursement ", SWRCB Form 262 submitted in accordance with the instructions contained herein. Invoices received by the SWRCB Project Representative that are not consistent with this format will be cause for an invoice to be disputed. In the event of an invoice dispute the SWRCB Project Representative shall notify Contractor by Initiating a Standard Form 209 INVOICE DISPUTE NOTIFICATION. Payment will not be made until the dispute has been resolved and a corrected invoice submitted. The SWRCB Project Representative is required to approve all invoices for reimbursement. Only invoices for costs incurred after July 1, 2001, with all appropriate backup documents (supporting itemized invoice) attached will be approved. The invoices shall include the following information a. The word "Invoice" should appear in a prominent location at the top of the page(s) and include a sequential number. b. Printed name of the Contractor. C. Business address of the Contractor, including P.O. Box, City, State, and Zip Code; d. "Bill To" is SWRCB; e. The date of the invoice; I. The contract number upon which the claim is based; g. An itemized account of the services by task for which the SWRCB is being billed; h. Include an itemized account of "in- kind" grant match or "dollar" grant match including what percent the match represents of the total grant match obligation; and i. Printed on Original Contractor Letterhead or original signature by the Contractor's Administrative Officer or designee. j. The invoice must show the time period actually being billed. Quarterly invoices must be based on the calendar quarter (ending in March, June, September, and December). City of Newport Beach SWRCB No.: 01- 079 -550 -0 Page 2 of 4 EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS C. Computing the Amount Due Payment will be made upon submittal of an invoice which details the percentage of each task completed based on work not dollars spent. Notwithstanding any other provision of this contract, the Contractor agrees that the SWRCB may retain an amount equal to ten percent of the grant amount specified in this contract until completion of the Project to the satisfaction of the Division. Any retained amounts due to the Contractor will be promptly disbursed to the Contractor, without interest, upon completion of the Project. D. Matching Funds If projects include capital costs, the project applicant shall identify those costs. The local matching contribution required by subdivision (f) of Section 79148.8 of the Water Code may be satisfied by in -kind match that meets all or a portion of local cost share required by subdivision (f) of Section 79148.8 of the Water Code. For the purposes of determining the capital cost of the Project, the in -kind match shall be included in the total project cost. The "Contractor" shall provide a matching contribution for the portion of the project consisting of capital expenditures for construction, according to the following formula: Project Capital Cost = Capital Cost Match by Recipient $1,000,000 to $5,000,000, inclusive = 20% $125,000 to $999,999, inclusive = 15% $1 to $124,999, inclusive= 10% E. Final Invoice The final invoice should include the amount of the remainder of the contract work. The invoice must be clearly marked FINAL INVOICE. F. Backup Documents It is necessary to provide monthly /quarterly reports, task products due, and vendor invoices for the purchase of equipment (items over $5000) as attachments to the invoices. You must, however, keep copies of all vendor invoices, timesheets, and any other documents related to the project for future audit purposes. G. Payment of Project Costs Contractor agrees that it shall provide for payment of its full share of the Project costs. All costs and payments for the Project shall be paid by the Contractor promptly and in compliance with all applicable laws. H. Withholding of Grant Disbursements The SWRCB may withhold all or any portion of the grant funds provided for by this contract in the event that: (1) The Contractor has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this contract; (2) The Contractor fails to maintain reasonable progress toward completion of the Project. City of Newport Beach SW RCB No.: 01- 079 -550 -0 Page 3 of 4 EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS Fiscal Management Systems and Accounting Standards The Contractor shall comply with state standards for financial management systems. At a minimum, the Contractor's fiscal control and accounting procedures shall permit preparation of reports required by the state and tracking of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of state law or the terms of this contract. The Contractor shall maintain separate Project accounts in accordance with generally accepted government accounting standards. 2. LIMITATION OF FUNDING: The maximum amount to be encumbered under this agreement for the 2001 fiscal year ending June 30, 2002 shall not exceed $200,000. 3. BUDGET CONTINGENCY CLAUSE A. It is mutually agreed that if the Budget Act of 2001/02 and /or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and the Contractor shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. 4. BUDGET A. Task Budget Task Description CBI City Match Total 1 Project Mana ement & Administration 0 $20,000 $20,000 2 Preliminary Design Pilot Test & RDDs & Diversions $44,000 0 $44.000 3 Permits and CECIA Documents $2,000 0 $2,000 4 Final Project Enctineerincl iRRDs & Diversions $20,000 0 $20,000 5 Project Construction/Implementation RRDs & Diversions $133,000 $5,200 $138,200 6 QAPP $1,000 0 $1,000 7 Monitoring and Reporting Plan 0 so 0 Phase I I TOTALS $2007000 $25,200 la25,200 City of Newport Beach SWRCB No.: 01- 079 -550 -0 Page 4 of 4 EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS B. Llne Item Budget Item No. Item Description CBI City Match' Total 1 City Personnel Services (x1.3 benefits) $25,200 $25,200 Hours ACM/Pro'ect Director $551hr x 80 hr Hours Sr. Civil Engineer $501hr x 265 hr Hours Field Maintenance Worker ll ($271hr x 65 hr 2 Operating Expenses $2,000 $0 $2,000 -- Includes Permit Fees, Printing, Postage 3 Construction/implementation $133,000 $0 $133,000 -- Includes construction management, contingency, installation, RRDs, Diversions. 4 Consultant Services $65,000 $0 $65,000 -- For CirclAeration Study , prelim an final engineering, monitoring, QAPP, more. Phase I I TOTALS1 $200,000 1 $25,200 IM99d Circulation /Aeration Study is exempt from the match requirement. The match is based on the $168,000 construction project. EXHIBIT D SPECIAL TERMS AND CONDITIONS City of Newport Beach SWRCB No.: 01- 079 -550 -0 Page 1 of 3 1. Disputes: Any dispute arising under or relating to the terms of this Agreement, or related to performance hereunder, which is not disposed of by Agreement shall be decided by the SWRCB Project Representative, who shall reduce such decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the SWRCB Project Representative shall be final and conclusive unless, within 15 calendar days from the date of receipt of such copy, the Contractor mails or otherwise delivers a written appeal to the State's Executive Director. The decision of the State's Executive Director, or Project Representative, on such appeal shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by any substantial evidence. In connection with any appeal under this Section, the Contractor shall be afforded an opportunity to be heard and to offer evidence and argument in support of the appeal. Pending final decision on any dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement work as directed by the SWRCB Project Representative unless the Contractor has received notice of termination. Decisions on any disputes hereunder may include decisions of both fact and law; provided, however, that nothing herein shall be construed as making final any decision on a question of fact or law in the event of any subsequent legal proceeding before a court of competent jurisdiction. Authority to terminate performance under the terms of this Agreement is not subject to appeal under this Section. All other issues including, but not limited to, the amount of any equitable adjustment, and the amount of any compensation or reimbursement which should be paid to the Contractor shall be subject to the disputes process under this Section. (PCC 10240.5, 10381, 22200 et seq, 40 CFR 31.70) 2. Rights in Data: The Contractor agrees that all data, plans, drawings, specifications, reports computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the State reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so. (40 CFR 31.34, 31.36) 3. Income Restrictions: The Contractor agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Contractor under this Agreement shall be paid by the Contractor to the State, to the extent that they are properly allocable to costs for which the Contractor has been reimbursed by the State under this Agreement. 4. Permits, Subcontracting, Waiver, Remedies and Debarment: The Contractor shall procure all permits and licenses necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Any subcontractors, outside associates, or consultants required by the Contractor in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement, or as are specifically authorized by the SWRCB Project Representative during the performance of this Agreement. Any substitutions in, or additions to, such subcontractors, associates, or consultants, shall be subject to the prior written approval of the SWRCB Project Representative. Any waiver of rights with respect to a default or other matter arising under the Agreement at any time by either party shall not be considered a waiver of rights with respect to any other default or matter. City of Newport Beach SWRCB No.: 01 -079-550-0 Page 2 of 3 EXHIBIT D— SPECIAL TERMS AND CONDITIONS Any rights and remedies of the State provided for in this Agreement are in addition to any other rights and remedies provided by law. Contractor shall not subcontract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension ". Contractor shall not subcontract with any individual or organization on USEPA's List of Violating Facilities. (40 CFR, Part 31.35, Gov. Code 4477) 5. Novation: If the Contractor proposes any novation Agreement, the State shall act upon the proposal within 60 days after receipt of the written proposal. The State may review and consider the proposal, consult and negotiate with the Contractor, and accept or reject all or part of the proposal. Acceptance or rejection may be made orally within the 60 -day period, and confirmed in writing within five days. No novation shall become operative or otherwise binding on the State pursuant to this paragraph in the absence of a formal Agreement amendment which has been approved in accordance with all applicable State policy, laws and procedures. 6. Priority Hiring Considerations: Contractor shall give priority consideration in filling vacancies in positions funded by this Agreement to qualified recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the California Welfare and Institutions Code in accordance with Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institution Code. (PCC 10353 W &I 11200, 11349, 2CCR, 1896.30 SCM 5.3) 7. Contract Modifications: The State Water Board may, at any time, without notice to any sureties, by written order designated or indicated to be a "contract modification ", make any change in the work to be performed under this agreement so long as the modified work is within the general scope of work called for by this agreement, including but not limited to changes in the specifications or in the method, manner, or time of performance of work. If the Contractor intends to dispute the change, the Contractor must, within ten days after receipt of a written "contract modification ", submit to the SWRCB a written statement setting forth the disagreement with the change. 8. Termination: Notwithstanding the provisions of the Department of General Services General Terms and Conditions (GTC). This contract may be terminated by written notice at any time prior to completion of the Project, at the option of the SWRCB, upon violation by the Grantee of any material provision of this contract after such violation has been called to the attention of the Grantee and after failure of the Grantee to bring itself into compliance with the provisions of this contract within a reasonable time as established by the Division. In the event of such termination, the Grantee agrees, upon demand, to immediately repay to the SWRCB an amount equal to the amount of grant funds disbursed to the Grantee prior to such termination. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the Grantee to the date of full repayment by the Grantee. 9. Budget Flexibility: Subject to the prior review and approval of the SWRCB Project Representative, line item shifts of up to $25,000 or ten percent of the annual contract total, whichever is less, may be made up to a cumulative maximum of $50,000 per fiscal year. Line item shifts may be proposed/requested by either the State Water Board or the Contractor in writing and must not increase or decrease the total contract amount allocated per fiscal year. 10. Comouter Software: Contractor certifies that it has appropriate systems and controls in place to ensure that State funds will not be used in performance of this contract for the acquisition, operation or maintenance of computer software in violation of copyright laws. 11. Union Organizing: Contractor, by signing this agreement, hereby acknowledges the applicability of Government Code 16645 through 16649 to this agreement. Furthermore, Contractor, by signing this agreement, here by certifies that: 1) No state funds disbursed by this grant will be used to assist, promote or deter union organizing. 2) Contractor shall account for state funds disbursed for a specific expenditure by this grant, to show those funds were allocated to that expenditure. City of Newport Beach SWRCB No.: 01- 079 -550 -0 Page 3 of 3 EXHIBIT D— SPECIAL TERMS AND CONDITIONS 3) Contractor shall, where state funds are not designated as described in Department of General Services "General Terms and Conditions ".(GTC) Item 18, (b), allocate, on a pro-rata basis, all disbursements that support the grant program. 4) If Contractor makes expenditures to assist, promote or deter union organizing, Contractor will maintain records sufficient to show that no state funds were used for those expenditures, and that Contractor shall provide those records to the Attorney General upon request. City of Newport Beach SWRCB No.: 01- 079 -550 -0 Page i of 4 EXHIBIT E SWRCB CBI SPECIAL CONDITIONS 1. BOND TERMS (A) Work performed under this contract shall protect the beneficial uses of the coastal waters throughout the State. (B) The Project has been the subject of consultation between the SWRCB, the California Coastal Commission, and the Beach Water Quality Task Force. (C) The Project demonstrates the ability to produce sustained benefits for 20 years. (D) The Project addresses the causes for the pollution, rather than the symptoms. (E) The Project shall be consistent with existing water quality and resources protection plans. (F) The Contractor has submitted a Monitoring and Reporting Plan. (G) The Contractor has included a matching contribution for the capital expenditures for construction. (H) The Contractor has informed the SWRCB of the permits necessary to complete the Project. (1) The Project is consistent with recovery plans for coho salmon, steelhead, or trout. (J) The Project has been the subject of public review. 2. DEFINITIONS (A) "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, construction, engineering, and administration costs of the Project. (B) 'Project Representative" means the Mayor of a City, the Chairperson of the County Board of Supervisors, the Chairperson of the Board of Directors of the Contractor, or another duly appointed representative. For all Project Representatives, a certified on inal copy of the authorizing resolution that designates the Project Representative by title, shall accompany any contract, the first payment request, and any other documents or requests required or allowed under this contract. (C) "Change in the scope of the Project" means any change from the Project description in the Project Authorization Package. (D) "Completion of construction" means the date, as determined by the Division after consultation with the Contractor, that the work of building and erection of the Project is substantially complete. (E) "Contractor" means the City of Newport Beach. (F) "Force account' means the Contractor's own employees or equipment used for Project construction. (G) "Initiation of construction" means the date that notice to proceed with work is issued for the Project or, if notice to proceed is not required, the date of commencement of building and erection of the Project. (H) "Project completion" means the date, as determined by the Division after consultation with the Contractor, that operation of the Project is or is capable of being initiated, whichever comes first. (1) "SWRCB" means the State Water Resources Control Board. (J) "Useful life of project' means 20 years from and after Project completion. City of Newport Beach SWRCB No.: 01-079-550-0 Page 2 of 4 EXHIBIT E —SWRCB CLEAN BEACHES SPECIAL CONDITIONS 3. GENERAL COMMITMENTS The Contractor accepts and agrees to comply with all terms, provisions, conditions, and commitments of this contract, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Contractor in its application, accompanying documents, and communications filed in support of its request for this Grant. 4. COMPLETION OF PROJECT The Contractor agrees to expeditiously proceed with and complete the Project in substantial accordance with the application as submitted. 5. CONTINUING OBLIGATIONS The obligations of Sections 6, 7 and 6 below shall survive the Term of this Contract. 6. OPERATION AND MAINTENANCE The Contractor covenants and agrees to properly staff, operate, and maintain all portions of the Project during the Project's useful life and in accordance with all applicable state and federal laws, rules and regulations. In the event that the Contractor assigns or transfers any or all portions of the Project to another entity, the Contractor shall be responsible to ensure that the assignee or transferee of any or all portions of the Project shall properly staff, operate and maintain all portions of the Project during its useful life and in compliance with all applicable state and federal laws, rules and regulations. The Parties to this Agreement understand and agree that this covenant shall survive the expiration or termination of this Agreement. The Parties further understand and agree that this covenant is for the benefit of the SWRCB and shall be enforceable during the useful life of the Project facilities. Failure at any time to comply with this Section shall be considered a material breach and violation of this Agreement, and a nonexclusive remedy shall include reimbursement by the Contractor of all grant funds disbursed under this Agreement, plus accrued prejudgment interest thereon from the date of disbursement of such funds. PROJECT ACCESS The Contractor shall insure that the SWRCB, or any Project Representative thereof, has suitable and reasonable access to the Project site at all reasonable times for the useful life of the Project. 6. REPORTS The Contractor shall expeditiously provide, during construction or upon completion of the Project and thereafter during the useful life of the Project, such reports, data, and information as may be reasonably required by the Division, including but not limited to material necessary or appropriate for evaluation of the SWRCB program or to fulfill any reporting requirements of the state government. 9. FINAL PROJECT REPORTS; AUDIT (A) Within 120 days after Project completion, the Contractor shall provide to the Division a final cost summary report on the Project. The summary shall include, at a minimum, a statement of: (1) Total Project costs; (2) Total Project costs eligible for contract funding under the SW KCB's contract program and this contract; (3) The total amount of contract funds received; City of Newport Beach SWRCB No.: 01- 079 -550 -0 Page 3 of 4 EXHIBIT E — SWRCB CLEAN BEACHES SPECIAL CONDITIONS (4) The amount of interest earned, if any, on contract funds before disbursement on account of incurred Project costs. If no interest has been earned, this fact shall be expressly stated; and (B) The Division may call for an audit of financial information relative to the Project, where the Division determines that an audit is desirable to assure program integrity or where necessary because of federal requirements. Such an audit shall be performed by a Certified Public Accountant independent of the Contractor and at the cost of the Contractor. The audit shall be in the form required by the Division. 10. RECORDS (A) Without limitation of the requirement to maintain Project accounts in accordance with generally accepted government accounting standards, the Contractor agrees to. (1) Establish an official Project file that documents all significant actions relative to the Project; (2) Establish separate accounts that adequately and accurately depict all amounts received and expended on the Project, including all contract funds received under this contract; (3) Establish separate accounts that depict all income received which is attributable to the Project, specifically including any income attributable to contract funds disbursed under this contract; (4) Establish an accounting system that accurately depicts final total costs of the Project, including both direct and indirect costs; (5) Establish such accounts and maintain such records as necessary for the State to fulfill reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and (6) If the Contractor uses its force account for any phase of the Project, other than for planning, design and construction engineering, and administration provided for by allowance, the Contractor shall establish accounts which reasonably document all employee hours charged to the Project and the associated tasks performed by each employee. Indirect force account costs may be paid with the SW RCB's prior written approval. (B) The Contractor shall require Project contractors and subcontractors to maintain books, records, and other material relative to the Project in accordance with generally accepted accounting standards. The Contractor shall require such contractors and subcontractors to retain such books, records, and other material for a minimum of six years after Project completion. The Contractor shall require that such books, records, and other material shall be subject at all reasonable times to inspection, copying, and audit by the SWRCB and by state auditors, or any Project Representatives thereof. (C) The Contractor shall retain its Project records for a minimum of six years after Project completion, and for such longer period as may be required for the State to fulfill federal reporting requirements under federal tax statutes and regulations. All Contractor records relative to the Project shall be subject at all reasonable times to inspection, copying and audit by the SWRCB and state auditors, or any Project Representatives thereof. (D) All documents required or requested shall be in electronic format. (E) The Contractor agrees to expeditiously provide, during work on the project and for six years after the projection completion, such reports, data, information and certifications as may be reasonably required. Such documents and information shall be provided in electronic format. City of Newport Beach SWRCB No.: 01- 079 -550 -0 Page 4 of 4 EXHIBIT E — SWRCB CLEAN BEACHES SPECIAL CONDITIONS 11. STATE REVIEWS AND INDEMNIFICATION The parties agree that review or approval of Project plans and specifications by the SWRCB is for administrative purposes only and does not relieve the Contractor of its responsibility to properly plan, design, construct, operate, and maintain the Project. As between the SWRCB and the Contractor, the Contractor agrees that it has sole responsibility for proper planning, design, construction, operation, and maintenance of the Project, and the Contractor agrees to indemnify the SWRCB, the State of California and their officers, agents, and employees against and to hold the same free and harmless from any and all claims, demands, damages, losses, costs, expenses, or liability due or incident to planning, design, construction, operation, or maintenance of the Project. 12. SWRCB ACTION: COSTS AND ATTORNEY FEES Any remedy provided in this contract is in addition to and not in derogation of any other legal or equitable remedy available to the SWRCB as a result of breach of this contract by the Contractor, whether'such breach occurs before or after completion of the Project. The SWRCB's exercise of any remedy provided by this contract shall not preclude the SWRCB from pursuing any legal remedy or right otherwise available. In the event of litigation between the parties hereto arising from this contract, the prevailing party shall be entitled to such reasonable costs and/or attorney fees as may be ordered by the court entertaining such litigation. 13. COMPLIANCE WITH LAWS AND REGULATIONS The Contractor agrees that it shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, regulations and guidelines. The Contractor shall comply with, implement, and fulfill all environmental mitigation measures applicable to the Project, and which may otherwise be required by this Contract, "CEQA ", and the State CEQA Guidelines. 14. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS If any breach of any of the provisions of this contract by the Contractor will result in the loss of tax exempt status for any State bonds, or if such breach will result in an obligation on the part of the State to reimburse the federal government for any arbitrage profits, the Contractor shall immediately reimburse the State in an amount equal to any damages paid by or loss incurred by the State due to such breach. 15. CONSTRUCTION ACTIVITIES and NOTIFICATIONS For construction projects, the Contractor shall promptly notify the SWRCB in writing of: (1) (2) (3) (4) Any substantial change in scope of the Project. No substantial change in Project scope may be undertaken until the Contractor provides written notice of the proposed change to the SWRCB and the SWRCB gives written approval for such change; Unscheduled cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of 30 days or more; Any circumstance, combination of circumstances, or condition, which is expected to or does delay completion of construction for a period of 90 days or more beyond the estimated date of completion of construction previously provided to the SWRCB; Completion of construction of the Project.