HomeMy WebLinkAbout07 - Newport Coast ASBS & Big Canyon Assessment & Protection ProgramAgenda Item No. 7
May 24, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum, Public Works Director
949 - 644 -3311, sbadum @newportbeachca.gov
PREPARED BY: Robert SteA
APPROVED: �L-w
NEWPORT COAST ASBS AND BIG CANYON ASSESSMENT
TITLE: AND PROTECTION PROGRAMS - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH WESTON
SOLUTIONS, INC.
ABSTRACT:
Approve a professional services agreement for water quality assessment and design
tasks in the Newport Coast Watershed and adjacent Areas of Special Biological
Significance (ASBS), and water quality assessment tasks in the Big Canyon Watershed.
RECOMMENDATIONS:
1. Approve Budget Amendment No. BA11 -- recognizing a contribution of
$2,500,000 from the State Proposition 84 ASBS Grant to Account No. 255 -482B
and appropriating $563,000 to Account No. 7255- C5002006 for Newport Coast
ASBS Monitoring; $795,000 to Account No. 7255- C5002007 for Newport Coast
ASBS Runoff Reduction Program; and $112,000 to Account No. 7255- C5002008
for Newport Coast ASBS Public Impact Reduction Program; and transferring
$49,818 in project savings from Account No. 7013— C2202000 to Account No.
7014- C5002006.
2. Approve a Professional Services Agreement with Weston Solutions Inc., of
Carlsbad, California, at a cost not to exceed $697,818 and authorize the Mayor
and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
An agreement for a $2.5 million grant award for the Newport Coast Protection
Implementation Program was executed with the State Water Resources Control Board
NEWPORT COAST ASBS AND BIG CANYON ASSESSMENT AND PROTECTION PROGRAMS - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS
May 24, 2011
Page 2
(State Board) on May 14, 2011. This grant program includes several projects, two of
which are included in the proposed FY 2012/13 Capital Improvements Program (CIP)
budget and three that are presented in this report for appropriation as they time -
sensitive and are ready to move forward. The Newport Coast Protection Implementation
Program is summarized as follows:
Project
Amount
ASBS Monitoring
$ 563,000
Runoff Reduction Program
795,000
Public Impact Reduction Program
112,000
Buck Gully Canyon Stabilization and Flood Control*
725,000
Crystal Cove Parking Lot Improvements*
305,000
Total Grant Funding
$2,500,000
*included in Proposed FY 2011112 CIP Budget
One major component of the grant provides primary funding for assessment and design
tasks to be performed in the Newport Coast Watershed ($563,000). Upon City Council
approval, staff will contract with Weston Solutions to perform water quality assessments
and design tasks in the Newport Coast Watershed and adjacent Areas of Special
Biological Significance (ASBS) and water quality assessment tasks in the Big Canyon
Watershed. Grant funds will be augmented by funds already appropriated in this year's
budget (FY 2010/11) as follows:
Account Description
Proposition 84 Grant Funds
General Fund
TMDL Administration
Services Professional and Technical
Water Conservation Activities
TOTAL
DISCUSSION:
Account Number
7255- C5002006
7014- C5002006
2371 -80809
0330 -8080
5500 -8303
Amount
$563,000.00
49,818.00
20,000.00
33,000.00
32.000.00
4,.•
In 2004, the State Board advised the City that any direct storm drain discharges to the
ASBS along Newport Coast that contained "waste" would be in violation of the California
Ocean Plan. There are 23 storm drain discharge points from residential properties,
highways and streets, and a golf course to the ASBS along Newport Coast. State Board
staff has now drafted requirements to regulate dry- weather and storm flows from these
drains and will present its recommendations to the State Board on May 18, 2011.
In order to be able to respond to the State Board's concern about water quality
discharges to the ASBS, the City in 2005 embarked on a program to monitor potential
water quality impacts of flows from the small drains directly discharging to the ASBS.
NEWPORT COAST ASBS AND BIG CANYON ASSESSMENT AND PROTECTION PROGRAMS - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS
May 24, 2011
Page 3
The ASBS support many of the beneficial uses outlined in the Ocean Plan of which the
most relevant relate to recreational uses of the beach and support of the special habitat
within the ASBS. Priority constituents of concern that potentially interfere with these
beneficial uses include indicator bacteria, metals (e.g. copper and cadmium), sediment,
and pesticides (diazinon and synthetic pyrethroids). Also in 2005, the City began
assessing potential impacts to the ASBS associated with flows from the coastal
canyons and Newport Harbor. The reason behind initiating this expanded monitoring
program is that while the State Board is now focused on regulating flows from the small
drains discharging directly to the ASBS, the City anticipates that regulations that are
eventually promulgated for these small drains may form the basis for regulating dry-
weather and storm flow discharges from the coastal canyons and Newport Bay. The
City's comprehensive set of initial monitoring assessments that include water chemistry,
bioaccumulation and toxicity studies, found good water quality conditions in the near -
shore mixing zone. These results are memorialized in the City's Coastal Watershed
Management Plan.
The City is in the process of completing an agreement with the State Board for a $2.5
million grant award for the Newport Coast Protection Implementation Program. This
grant provides the primary funding for continuing efforts to monitor the health of the
ASBS as well as implement protection projects. Under the proposed professional
services agreement, additional monitoring will be performed by Weston Solutions, Inc.
( "Weston ") to verify the water quality conditions in the ASBS. The consultant will also
perform pre- and post- construction monitoring for the Buck Gully Erosion Control project
that is anticipated to begin in October 2011. Additionally, under this professional
services agreement, Weston will design two water quality improvement projects in
Crystal Cove State Park and perform pre- and post- construction monitoring of the
projects which will be constructed under a separate contract. Funding for the
construction of these projects will come from the Proposition 84 grant and is included in
the Proposed FY 2012/13 CIP budget. As a part of the subject professional services
agreement, Weston will also perform water chemistry monitoring in the Big Canyon
watershed. This data will be used by the City and Regional Water Quality Control Board
(Santa Ana Region) to develop an effective and reasonable selenium mitigation
program. Data collected in both watersheds will be assessed by Weston and
incorporated into the City's watershed management plans for Newport Coast and Big
Canyon.
The Request for Proposals for this Professional Services Agreement was sent to ten
consulting firms. Two proposals, consisting of the following consultant teams, were
submitted to the City:
1. AMEC Earth & Environmental Inc. (with MACTEC, Fuscoe Engineering, Cal State
Fullerton and Everest International Consultants)
2. Weston Solutions (with Dudek, Coastal Resource Management, Cal State Fullerton,
and ESA PWA)
NEWPORT COAST ASBS AND BIG CANYON ASSESSMENT AND PROTECTION PROGRAMS - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS
May 24, 2011
Page 4
The proposals were independently reviewed by three reviewers to evaluate each team's
qualifications, past experience on similar projects, and project understanding. The
Weston Solutions Inc. (Weston) proposal was ranked higher. Staff negotiated with
Weston to provide the necessary scope of services for a not to exceed fee of $697,818.
Weston has completed dry and storm weather monitoring and assessment services
competently and professionally on similar projects for the City of Newport Beach, as
well as for the Cities of San Diego, Laguna Beach, Vista and Solana Beach and other
local agencies in Southern California.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
==o lii -: IM
rector
A. Professional Services Agreement
B. Scope of Services
C. Schedule
PROFESSIONAL SERVICES AGREEMENT WITH
WESTON SOLUTIONS, INC.
FOR NEWPORT COAST AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE
PROTECTION IMPLEMENTATION PROGRAM
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made
and entered into as of this day of May, 2011 by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ( "City "), and WESTON
SOLUTIONS, INC., a California corporation ( "Consultant'), whose address is 2433
Impala Drive, Carlsbad, California 92010 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to implement a protection program for the Newport Coast Area of
Special Biological Significance ( "A:SBS "). Insert description of overall project here
C. City desires to engage Consultant to conduct monitoring, special studies, and
best management practices (BMP) design and construction oversight as part of
the Newport Coast ASBS Protection Implementation Program ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Michael
Drennan.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on June 30, 2012 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Contractor acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. Consultant shall diligently perform all the services
described in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and the Services shall be performed to completion in a diligent and timely
manner. The failure by Consultant to perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible
for delays due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition that purportedly causes a delay. The Project Administrator shall review
all such requests and may grant reasonable time extensions for unforeseeable delays
that are beyond Consultant's control.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Six Hundred
Ninety -Seven Thousand, Eight Hundred Eighteen Dollars and 00 /100 ($697,818.00)
without prior written authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing in advance
by City. Unless otherwise approved, such costs shall be limited and include nothing
more than the following costs incurred by Consultant:
WESTON SOLUTIONS, INC. Page 2
4.3.1 The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this Agreement, which have been
approved in advance by City and awarded in accordance with this Agreement.
4.3.2 Approved reproduction charges.
4.3.3 Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the performance of this
Agreement.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Pro iect Manager; who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Robert Stein to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert Stein,
Assistant City Engineer or his designee, shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator or
his /her authorized representative shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
WESTON SOLUTIONS, INC. Page 3
7.1.2 Provide blueprinting and other Services through City's reproduction
company for bid documents. Consultant will be required to coordinate the required bid
documents with City's reproduction company. All other reproduction will be the
responsibility of Consultant and as defined above.
7.1.3 Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional
standards. All Services shall be performed by qualified and experienced personnel who
are not employed by City, nor have any contractual relationship with City. By delivery of
completed Work, Consultant certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the professional standard
of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the
Consultant or its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them
or for whose acts they may be liable or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
WESTON SOLUTIONS, INC. Page 4
Nothing in this indemnity shall be construed as authorizing any award of attorney's fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
11, COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction
with City's Project Administrator in advance of all critical decision points in order to
ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
14.1 Without limiting Consultant's indemnification of City, and prior to
commencement of Work,. Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
14.2 Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement of
WESTON SOLUTIONS, INC. Page 5
performance. Current certification of insurance shall be kept on file with City at all times
during the term of this contract. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
14.2.1 Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the Work hereunder by
Consultant, his agents, representatives, employees or subconsultants. The cost of such
insurance shall be included in Consultant's bid.
14.3 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
14.4 Coverage Requirements.
14.4.1 Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employers Liability Ingiirnnro
(with limits of at least one million dollars ($1,000,000)) for Consultant's employees in
accordance with the laws of the State of California, Section 3700 of the Labor Code In
addition, Consultant shall require each subconsultant to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with the
laws of the State of California, Section 3700 for all of the subconsultant's employees.
14.4.1.1 Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least thirty (30) calendar
days (ten (10) calendar days written notice of non - payment of premium) prior to such
change.
14.4.1.2 Consultant shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
14.5 General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability.
14.6 Automobile Liability Coverage. Consultant shall maintain automobile
insurance covering bodily injury and property damage for all activities of the Consultant
arising out of or in connection with Work to be performed under this Agreement,
including coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit for each accident.
14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall
maintain professional liability insurance that covers the Services to be performed in
WESTON SOLUTIONS, INC. Page 6
connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) limit per claim and in the aggregate.
14.8 Other Insurance Provisions or Requirements.
14.8.1 The policies are to contain, or be endorsed to contain, the following
provisions
14.8.1.1 Waiver of Subrogation. All insurance coverage
maintained or procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing insurance
evidence in compliance with these requirements to waive their right of recovery prior to
a loss. Consultant hereby waives its own right of recovery against City, and shall require
similar written express waivers and insurance clauses from each of its subconsultants.
14.8.1.2 Enforcement of Contract Provisions. Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
14.8.1.3 Requirements not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
14.8.1.4 Notice of Cancellation. Consultant agrees to oblige
its insurance agent or broker and insurers to provide to City with thirty (30) days notice
of cancellation (except for nonpayment for which ten (10) days notice is required) or
nonrenewal of coverage for each required coverage.
14.9 Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement.
14.10 Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment
may be necessary for its proper protection and prosecution of the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
WESTON SOLUTIONS, INC. Page 7
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint - venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the Work
outlined in the Scope of Services. The subconsuttants authorized by City to perform
Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to
City for all acts and omissions of the subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. The City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and the City. Except as
specifically authorized herein, the Services to be provided under this Agreement shall
not be otherwise assigned, transferred, contracted or subcontracted out without the
prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
171 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
WESTON SOLUTIONS, INC. Page 8
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Consultant shall allow inspection
of all Work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such ::'ithholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project
24. CONFLICTS OF INTEREST
24.1 The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
WESTON SOLUTIONS, INC. Page 9
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Consultant to City shall be addressed to
City at:
Attn: Robert Stein
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
AI-wpo Bea L C 9126508
rvCwNui i oCaCn, �.r� yLOOo
Phone: 949 - 644 -3322
Fax: 949 - 644 -3318
25.2 All notices, demands, requests or approvals from CITY to Consultant shall
be addressed to Consultant at:
Attention: Michael Drennan
Weston Solutions, Inc.
2433 Impala Drive
Carlsbad, CA 92010
Phone: 760 - 795 -6900
Fax: 760 - 931 -1580
26. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
WESTON SOLUTIONS, INC. Page 10
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving seven
(7) calendar days prior written notice to Consultant. In the event of termination under
this Section, City shall pay Consultant for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Consultant has not been
previously paid. On the effective date of termination, Consultant shall deliver to City all
reports, Documents and other information developed or accumulated in the
performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Compliance With all Laws
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state,
county nr municipal whether now in force or hereinafter enacted. In addition, all Work
prepared by Consultant shall conform to applicable City, county, state and federal laws,
rules, regulations and permit requirements and be subject to approval of the Project
Administrator and City.
28.2 Waiver
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
28.3 Integrated Contract
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein.
28.4 Conflicts or Inconsistencies
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
28.5 Interpretation
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
WESTON SOLUTIONS, INC. Page 11
authorship of the Agreement or any other rule of construction which might otherwise
apply.
28.6 Amendments
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
28.7 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
28.8 Controlling Law And Venue
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
28.9 Equal Opportunity Employment
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
28.10 No Attorney's Fees
In the event of any dispute or legal action arising under this Agreement, the prevailing
party shall not be entitled to attorney's fees.
28.11 Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
WESTON SOLUTIONS, INC. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
Date: C�TY ATTORNEY
Date:
Bv:
Leonie Mulvihill
Assistant City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Michael F. Henn
Mayor
CONSULTANT: WESTON SOLUTIONS,
INC., a California Corporation
Date:
Michael Drennan
Vice President
Date:
By:
Vincent A. Laino, Jr.
Chief Financial Officer
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
WESTON SOLUTIONS, INC. Page 13
� }} � �� � ��
L 0� � L� �� i iI �'J �' ���
C - - .S0.GUITIU.iVS`
:vesraNSCLuT: ^•,S NC
2433 Impala Drive
Carlsbad, CA 92010
(7601795.6900 117 60) 931-1580 FAX
.<,-,estansc1 bons.com
the lrtiv dluty -rator(orStmaivableSoh7fiotts
April 26, 2011
Robert Stein
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Final Cost Proposal to Provide Professional Services for the Newport Coast ASBS
Protection Implementation Program
Dear Mr. Stein:
Thank you for providing Weston Solutions, Inc. (WESTON®) the opportunity to submit our final cost
proposal to the City of Newport Beach to provide professional services for the Newport Coast
Area of Special Biological Significance (ASBS) Protection Implementation Program in accordance
with the attached Scope of Work dated April 25, 201 1. The final cost estimate is based on the
attached Scope of Work that reflects additional tasks discussed and agreed to on April 21,
201 1. These additional tasks include the habitat assessment for the Buck Gully Erosion Control
project, the effectiveness assessment monitoring for the filter best management practice (BMP) at
Shorecliffs, and the work plan and monitoring for selenium at the Big Canyon restoration project.
The cost breakdown by task is attached as Table 1. The total not to exceed cost to complete the
Scope of Work is $697,818.
Thank you again for the opportunity to provide you with professional services for the Newport
Beach Coast ASBS Protection ASBS Protection Implementation Program. We look forward to the
continued opportunity to partner with you in protecting and restoring Newport Coast's vibrant
and valued natural resources. Should you have any questions or require additional information
regarding this final cost proposal, please contact our proposed Program Manager, David Pohl,
by phone or email (760.795.6918; david.pohl westonsolutions.com).
Sincerely,
Michael Drennan
Vice President, California Regional Manager
Weston Solutions, Inc.
Page 1 of 1
2433 WESTON
Imp la Drive
SOLUTIONS. INC.
Carl Impala Drive.
� Carlsbad, CA 92010
(760) 795-69001(760) 971 -1580 FAX
e a � .westonsolutions.com
Mr. Ruben Stein. P.E.
Public Works Deparunent
Citv of Newport Beach
300 \c�\port Boulevard
Newport Beach. CA 92663
\IIIil'_6. _'011
Suhjee(: Scope of Work for (Newport Coast ASBS Protection Implementation Program
Dear Bob:
The following Scope of Work (SOW) has been prepared based on the original request for proposal
and the contract negotiations held on April 21, 2010. The following SOW is to conduct monitoring,
special studies, and best management practices (BMP) designs and construction oversight as part of
the ivewport Coast ASBS Protection Implementation Program.
The Scope of Work consists of seven tasks:
• Task I — Planning Documents and Project Management
• Task 2 — Inter -Tidal Habitat Restoration Pilot implementation
• Task 3 — Project Monitoring and effectiveness Assessment
• Task 4 — ASBS Monitoring and Assessment
• Task 5 — ASBS Watershed Management Plan Update
• Task 6 — Construction Documents for Water Quality Improvement Projects
• Task 7 — Big Canyon Selenium Investigation
Task >: Planning Documents and Project Management
Weston Solutions, Inc. (Weston) shall prepare the following project planning documents: a Project
Assessment and Evaluation Plan (PAEP) identifying performance measures and indicators that will
track project progress and link progress with the desired outcomes; Quality Assurance Project Plan
(QAPP) in accordance with state guidelines; and, a Monitoring Plan building upon previously
completed monitoring programs for Newport coastal canyons and adjacent lands.
Weston shall also complete the following under this task:
Assist the City in its collaborative efforts with the Bight Collaborative.
Create a password- assessable, centralized website for southern California ASBS
stakeholders to share documents and confer on policy, scientific and collaboration issues.
Develop and host a educational website about the ASBS Protection and Restoration
Program that provides an outreach tool to enhance the Docent Program
Robert Stein. P.F. April =u. =10) 1 1
Scups of Work -- ASBS Protection and RcilOralioll PrOgratu Pu,c 2
4. i \lanaec contract tasks including preparing nwnthh cork- status reports. invoicing in
aCCU1'ClanCe with ('1t\' rell Uirclllellls. prepal -Inn (plal'tcrly progress reports and Uttending task
Illeetilws.
5. Upon project completion of all tasks. prepare the dral'i Final Project Report for rcview:nld
comment by the City.
Task l Deliverables: Draft and Final PAIT. Q; \PI' and honitoring Plan. Data submittal to
specified data collection center. Document Sharing Secure \" ebske. F.ducational Public Web -site.
and quarterly and annual status reports. Final Project Report. and meeting memoranda
Task 2: Intertidal Habitat Restoration Pilot Implementation
Weston shall coordinate with the California State University at Fullerton to conduct the pilot
restoration program. The program shall include the following tasks:
Pilot lmvasive Removal Plan — Develop a plan for the assessment of the most effective
methods for invasive seaweed removal, optimal removal frequencies and equipment needs.
Implement Pilot Program - Implement the pilot program to determine the feasibility of
invasive species removal, including evaluation of the cost, effort, and success of removal.
Effectiveness Assessment - Assess the effectiveness of this pilot program on the long term
aquatic habitat improvement in the ASBS.
Task 2 Deliverables: Implementation Plan, Quarterly progress reports, Draft and Final reports
summarizing the effectiveness of invasive species removal in a marine habitat.
Task 3: Project Monitoring and Assessment
Weston shall conduct effectiveness monitoring and /or assessment for select grant - Funded projects
that include:
• Buck Gullv Erosion Control — Conduct monitoring up- gradient and down- gradient of the
erosion control project site to assess the effectiveness of the project, including: photo
documentation, Flows monitored in winter and summer, water quality testing.
o In addition, Weston shall conduct a habitat survey to assess the effectiveness of the
habitat restoration efforts in the Buck Gully Erosion Control Project
• Shorecliffs Stom Drain Infiltration Gallery — Conduct monitoring of this BMP to assess
effectiveness to reduce pollutant loads to the ASBS at this outfall.
• Crystal Cove State Park Parkine Lot Improvements — Conduct monitoring at Crystal Cove
State Park to assess the effectiveness of the parking lot improvements, including baseline and
post - construction water quality and flow.
• Crystal Cove Creek Invasive Plant Removal — Conduct pre- and post- construction survey of
plants to document improvements.
• Public. Impact Reduction — Review and assess survey results conducted by the Docents on the
effectiveness of the public impact reduction measures
Task 3 Deliverables:
• Implementation Plan
• Summary of monitoring data and effectiveness assessments.
Ruben Stcin. P.1:. April 26. 2Qi
Scope of U'ork - ASBS Protection and Resturation Program Page
"fast: 4: A .SBS Monitoring and :Vssessment
Weston ,hall Conduct \%ater quality and hiologicaI monitoring to further deg clop the nssessntent ol-
the overall health of the ASBS. The Ibllowine tasks shall be canduCled:
• Review the current ASBS monitorine plans, reports anti ecosystem assessments:
• IdCutilN data Baps and recommend field and laboratory monitoring to he performed under
this contract. Work with City staff to define ecosystem monitoring and assessment tasks for
the subtidal area to meet the intent of the ASBS Special Protections and further develop
Impact Metric.
o Conduct water quality. biological monitorino and public impact monitoring as approved.
• Assess monitoring data.
Task 4 Deliverables:
u Implementation Plan
Summan of monitoring data and assessments.
Task 5: ASBS Watershed Management Plan Update
Based on the monitoring and assessments conducted under Tasks 2 -4 and Findings of other related
ASBS studies, Weston shall update the Newport Coast ASBS Watershed Management Plan
including refining the process and criteria for the assessing impact and prioritizing protection and
restoration efforts. The plan update shall also revise, refine and re- prioritize short - and long -term
measures to protect and restore the designated beneficial use of the ASBS.
Task 5 Deliverables:
G Draft and Final Updates to the Management Plan
Task 6: Construction Documents for Water Quality Improvement Projects
Under this task, Weston shall prepare the permitting and construction documents for two water
quality improvement projects in Crystal Cove State Park.
Task 6a - Crystal Cove State Park Parking Lot Improvements
Weston shall evaluate which parking lot in the Park is creating the most water quality /downstream
erosion problems and recommend an effective means to reduce impacts within the goals and
resources indentified in the Prop. 84 grant application. Weston shall assist State Park staff in
obtaining resource agencies' concurrence, prepare Categorical Exemption, construction plans and
bid document, perform construction services as needed, and prepare As -built drawings.
Task 6b - Crystal Cove Tidewater Creek Improvement Project
Weston shall prepare a pre- design memo with recommendations for improving the ponded water
area at the mouth of Los Trancos Creek such as removing concrete debris, removing invasive plants,
and re- establishing native plants (e.g. bulrushes or cattails). Based on input from State Parks, the
City and the resource agencies, Weston shall prepare final construction documents and complete
permit documents for Creek Improvements that are within the grant funded budget. Weston shall
assist State Park staff in obtaining resource agencies' concurrence, prepare a Negative Declaration,
assist Park staff in monitoring improvements, and prepare As -Built Drawings.
11 UI1.r t Stc;;t. 1'.F. Apnl 'o. '-(;a I
Scope of \fork - .\SUS Protection and RCSIV1,1601n I'roa':un 1'a c 4
Task 0 Deliverables:
• Technical Memorandum on C'rcek Impro', ei nent Options
• 30 "�. 60`o and Final construction dUCU111Cn1S
• \s -built driwings, and water quality and inlprovenncnts assessnnent
Task 7: Big Canyon Selenium Investigation
Weston shall prepare a work plan to Clnndlll't an investigation of selenium sources and migration
Pathways in Support ol'the planned restoration of Big Canvon. Wesson shall work with the City and
reeulatinry agencies in developing the wort: plan. Weston shall then conduct the selenium source and
migration investigation in accordance with the approved work plan
Task 7 Deliverables:
• Draft and Final Work Plan
• Draft and Final Technical Mennorandunn on the results of the Seleniwn Source and Migration
Investigation
Total not to exceed estimated project cost for all (asks based on time and materials: 5697,818.
Please call nic at 760- 497 -3318 or Steve Gruber at 760- 795 -6905 if you have any questions or
comments on this Scope of Work.
Very truly yours,
Weston Solutions, Inc.
David FL Pohl, P.E., Ph.D.
Program Manager
cc: Project File
_ ,,, � , l
osal to Provide Professional Services
Coast ASBS Protection Imolelnentalk
FEE PROPOSAL
WESTON is pleased to provide our not -to- exceed fee proposal for the City of Newport Beach's (City's) contract services, including current fee
schedule for each job classification (Table 1). Fees are also itemized according to tasks with task budgets inclusive of miscellaneous costs such as
travel, reproduction, etc (Table 1). Hourly wages, shown in Table 1, include all related overhead such as computers, telephones; etc.
gat',- 1. t-,- .ncs,%1 St _ .. ' . .
Taskl - Plannin Oocumentsand rGle.tMin,awnwilt
Gft
611 Raft
Perth r
mpem Pp@,G Pa'A
Sub TaA/1-1
Eliot WGbasid
Sub last
Weavh
Sub TaA AS
Nlttl lAaMgtmt
Sub TeA /6
ROponinq
Sub TeA/1
Te01
Hours
TOMI
Ibllarr
Project Piuupld
S 200
108
24
120
I6
S
24
5 ! 600
PNYI MMdgn, Sbals,
S 165
150
20
M
w
10
Sb
3 625o
Prgecl".g
£ 155
16
21
R3
e0
S B,Ao
Enos
5 1.
i 21,0M
5 .29,095
10
32
32
S 4.eo0
S/%nlsc Bob.
S tao
So
a
2
ail
V
5,1
5 03
I
5 16.460
sdembt 3
5 120
32
56
120
32
40
5 2.314
Total a lama "S
192
S 23.040
sdem512
3 IN
M
52
290
16
a
i
t i,818
U -' 6611 Zi
322
S 32.200
GIS Spechosl
S "a
16
112
H
R
32
S 4a0
Tecbdcen. Mild l labbbsy
S 65
M
l2
Bn
n
.01
S 6.565
WM 6 G.ohl.1
5 75
24
b
IN
220
24
So
f 6.600
Tonal WMr 55
UMrHwrs
III
M
511
So
M
1,013
S 115.415
T.1"b,S3
f 16,620
S 1L6ID
S 49.565
3 1 ;200
3 25.210
3 416.941
f t15,Itb
supnlc
5 SN
5 221
$ 50
S 1.632
5 5a
l: 6141
Task 2 - Inter -Tidal Habitat Restoratlon Pilot Imolementatlon
Gft o
Bill Re M.
Per Hour
pilot lily wRobwl
Pmgrem
Bub TaA e14
Implement Pilot
Pmgnm
Sub TaAM
0fbtllwnem
Amanenl
Sub TeA AS
Inuatlw Plbm
Monilodng
Sub Task
Public Impala
ReEUNen
Sub Task 0
TaMI
Nouz
Total
oollors
Scienl"¢LSe'
$ 140
108
100
120
I6
S
3M
5 ..6W
Tmutban, Reid /LaWralay
5 85
150
20
M
553
5 35,9`5
Eblaus
UWr Houn
290
3W
R3
873
5 M.745
Total Utalru
S 23,750
i 21,0M
5 .29,095
10
f a0.)IS
supgies
5.465
$ S.a
Moo
S
a
2
24
24
5,1
5 03
Tmel
S 2.552
Sdemul2
ioo.00
56
32
24
5 2.314
Total a lama "S
Boll
5 Il.M
sdaG1G t
9100
M
52
30
16
I —�
i
t i,818
U -' 6611 Zi
Task 3 - Prolact Menkorinb and
GA
Bill ROft
Per Hour
60omtl10e 6toml Grain
Ip6lbabpn Cultist,
Sub U. At
such Gully
Emdon GonbW
Sub TSA 03
Cybal Caw
Slaw Parking Wl
Improremmrs
Sub Taak 413
Inuatlw Plbm
Monilodng
Sub Task
Public Impala
ReEUNen
Sub Task 0
TbMI
Houm
To..
Collars
Pry ecl Maneoe
155.01)
A
4
4
I6
S
b
S 5.560
Eallam Seral Sera
200.00
2
2
4
S e00
Eblaus
t50.W
W
30
$ 4,SW
Englner, Junio
90.00
10
10
S 000
scierl S'al
Moo
S
a
2
24
24
0o
5 a.a00
Sdemul2
ioo.00
56
32
24
112
5 Il.M
sdaG1G t
9100
M
52
30
16
IN
$ I1.No
Em"vomnenMl Anansli
81.00
16
112
H
24
212
S 12.800
TNnnid&L F"I I.i M.^dlbry
S&IM,
M
l2
28
n
204
S 13,260
tabor Hours
92
300
IN
220
80
196
Tonal WMr 55
S $,22[
S 25.M2
S 11 no
3 2012
S 0,016
S A,bB
laWras, Subbs Wa.
5 A.`A2
$ B,Mi
S 2,262
S 11.110
3 416.941
Mleapc
S 551
5 SN
5 221
S 265
S 1.632
Par a.
3 221
5 IN
S 110
3 110
$ bill
shob, tarts
S at
S 221
S 810
5 552
Boost Gmaa
S 55
5 M
5 55
5 110
5 225
S'Moks
5 165
S IN
5 03
S IN
5 528
Flw Moubs
5 M
5 2071
I
S 3.800
`Total E< ns fS'
S 22.5410'
s 12159
S 3.AI
3 141.7"
S
5 6;4107
95i
Building Collaborative, Sustainable Solutions to Protect Rt Restore the ASBS
April 2011
Fee Proposal
Proposal to Provide Professional Services
for the Newport Coast ASBS Protection Implemenlatil
7-op'., -:I . , ` --
Task 4 -ASBS Monitoring and Assessment
Category
Bill Rate
Per Hour
Review City ASBS
Monitoring Plana&
Reports& to Data Delta
Sub Task 91 -82
conduct
Monitoring WO&
TOX
Sub Task 03A
Conduct
Monitoring -
Bieacwmulaeon
Sub Task 038
Condn"Monitoring
- X - Contaminadon
Sub Tw* OC
Conduct
Monitoring.
Public Um
Sub Task no
Conduct
Monitoring.
Rxky lntor.
Tidal
Sub Task ME
Conduct
Monitoring
Subddal
ub Task *1
Assea
Monitoring
Oats
Sub Task rA
Adapdve
Analytical
WO
1 Monitoring
Total
Heura
Total
Dollars
Project Mareger, Senor
$ 165
20
16l
S 1.600
16
S 2.650
Scientist, Swim
S 140
36
16
32
Engine 5 150
32
$ 4,460
Scientist 3
S 120
24
32
205
32
Labor Hours
229
8S
s 10.560
Scientist
S 100
60
48
229
Total 'Labor $$
16
64
S 6,400
G5 Analyst
S 75
32
$ 34,990
Subconsullmds
S 36,162
32
32
$ 2;400
TecMd Senior
S 75
24
$ 36,152
Mirage
$ 682
24
S 1.800
Techniclan.Field l laboratory
S 65
48
$ 682
-Total Ex- 'nse. sit
$ ' 36;844
"S -
$ -
$
210
43
S 3,120
WIP B Graphics
S 75
16
$ 36.644
24
$ 29,]88
40
S 3,000
Labor Hours
64
95
32
32
120
S 11,025
344
Total Labor E$
S 6,880
S 7,920
S 3,840
$ 3,840
$ 12,920
8
Supplies
$ 34,400
Subc u0anas
S B.am
5 2,205
5 8,820
$ B.820
S 6.359
$ 2.205
S ID.198
owl
S 47,427
Mileage
S 133
S 67
$
Total :& nse $$
5 200
Supplies
$
$
5 551
5
5
$
$ 551
$ 11,025
$ 1,102
Bowl
$ 551
S 551
Tdtal'a nea SS
I S
S Blom
S 2,889
$ 8;820
$ 8,820
$ 6359
$ 3,374
$
S 10,198
$ 49,280
Mai
U
u. I
�-.c.
15�3316801
Task 5 -ASBS Watershed ManaaementlPlan Uodate
Category
Bill Rate
Per Hour
ASBS Watershed
Management Plan
update
Teml
Hours
Total
Hours
Total
Dollars
Pniecl Manager
$ 155
20
B
S 1.600
20
$ 3.100
Engineer, Senior
$ 200
36
16
$ 2,640
Engine 5 150
36
S 7.200
Engineer
$ 150
26
205
S 30,750
Labor Hours
229
26
$ 3.900
Scientist, Senior
S 140
60
229
Total 'Labor $$
$ - 34.990
60
$ 8,400
GIS Specialisl
$ 140
32
$ 34,990
Subconsullmds
S 36,162
32
$ 4,480
WIP 8 Graphics
$ 75
36
$ 36,152
Mirage
$ 682
36.
$ 2,700
Labor Hours
210
$ 682
-Total Ex- 'nse. sit
$ ' 36;844
"S -
$ -
$
210
'$
Total Labor$$
1 $ 29,780
S
$ 36.644
$ 29,]88
subconsmlanls
$ 11,025
n5�
S 11,025
Mileage
8
Supplies
$
owl
$
Total :& nse $$
$ i 11.025
S
$
$
$
5
5
$
$
$ 11,025
Task 6a - Crystal Cove State Park Parking Lot Improvements
8111 Rata
Category Per Hour
Construction Domments
Parking Lot
Teml
Hours
Total
Dollars
Projecl Prmt:I;Palj i 200
6
B
S 1.600
Project Manager, Sam $ 165
16
16
$ 2,640
Engine 5 150
20.5
205
S 30,750
Labor Hours
229
229
Total 'Labor $$
$ - 34.990
$ 34,990
Subconsullmds
S 36,162
$ 36,152
Mirage
$ 682
$ 682
-Total Ex- 'nse. sit
$ ' 36;844
"S -
$ -
$
S
'$
$
$
S
$ 36.644
n5�
Building Collaborative, Sustainable Solutions to Protect R Restore the ASBS
April 2011
-- - - Fee Proposal
Proposal to Provide Professional Services
for the Newport Coast ASBS Protection Implementatic
-ab1r 1. Propos,rzs' F.;, , 1 ... . d!
Task 6b - Crystal Cove Tidewater Creek Improvement Protect
category
Bill Rate
Per Hour
I
Con2tiction Documenb
- Creek Mouth
$
115,465
ITask 1 - Planning Documents and Pro act Management
$
88,762
Task 2 - Inter -Tidal Habitat RestorationiPilot Implementation
$
127,895
Total
Hours
Total
Dollars
Project Phneipal
$ 200
8
40,805
Task 5 - ASBS Watershed Management Plan Update
$
71,834
Task 6a - Crystal Cove State Park Parldrig Lot Improvements
$
84,377
Task 6b - Crystal Cove Tidewater Creek Improvement Project
0
s 1,600
Project Manager, Senior
$ 165
6
8
S 1,320
Engineer
$ 150
60
I
60
S 9,000
Scientist, Senior
$ 140
40
40
$ 5,600
seienlist 11
s 92
20
20
$ 1.640
Labor Hours
136
136
I
Total Labor $$
$ i 19;360
S 65
72
$ 19,360
Subconsultant.
$ 64.466
WIP a Graphics
S 75
24
$ 64,466
Mileage
$ 551
S 1,600
labor Hours
292
$ 551
Total -P pence E& I
S 85.01]
S
E
E
E
S
E.
S
E
E 85,017
E 29,440
Subconsultants
$ 54.932
Task 7 - BIq Canyon Selenium Investigation
Camljory
Bill Ram
Per Hour
Bib Canyon Selenium
imrostigallon
$
115,465
ITask 1 - Planning Documents and Pro act Management
$
88,762
Task 2 - Inter -Tidal Habitat RestorationiPilot Implementation
$
127,895
Total
Hours
Total
Dollam
Project Manager. Senior
S 165
40
40,805
Task 5 - ASBS Watershed Management Plan Update
$
71,834
Task 6a - Crystal Cove State Park Parldrig Lot Improvements
$
84,377
Task 6b - Crystal Cove Tidewater Creek Improvement Project
a0
$ 6.600
Scientist, senior
$ 140
32
32
S 4.480
Scientist 3
$ 120
24
I
24
5 2.880
Sdemisl2
S 100
60
60
5 6.000
GIS Analyst
S 75
40
40
S 3.000
Technician. Senior
S 75.
I
$
Technician. Field t Lal,oneory
S 65
72
72
S 4,660
WIP a Graphics
S 75
24
24
S 1,600
labor Hours
292
292
Tobl Latnr$$
$ I n.,uto
E 29,440
Subconsultants
$ 54.932
$ 54,932
Mileego
S 265
$ 265
Supplies
$ 363
S 363
$
Total a nse $$
$ ' 55 66o
'i
s
E
S
E
E 1
$ 55.560
won
Recap
Building Collaborative, Sustainable Solutions to Protect & Restore the ASBS
April 2011 3 Fee Pmposal
0
$
115,465
ITask 1 - Planning Documents and Pro act Management
$
88,762
Task 2 - Inter -Tidal Habitat RestorationiPilot Implementation
$
127,895
Task 3 - Project Monitoring and Assessment
$
83,680
Task 4 -ASKS Monitoring and Assessment
$
40,805
Task 5 - ASBS Watershed Management Plan Update
$
71,834
Task 6a - Crystal Cove State Park Parldrig Lot Improvements
$
84,377
Task 6b - Crystal Cove Tidewater Creek Improvement Project
$
85,000
Task 7 - Big Canyon Selenium Investigation
Building Collaborative, Sustainable Solutions to Protect & Restore the ASBS
April 2011 3 Fee Pmposal
City of Newport Beach
BUDGET AMENDMENT
2010 -11
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
MX Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 11 BA -043
AMOUNT: $z,sas,ela.00
P XIncrease in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase revenue estimates and expenditure appropriations to recognize a contribution from the State Proposition 84 Areas
of Special Biological Significance (ASBS) Grant and appropriate funds to cover the cost of a Professional Services Agreement
(PSA) with Weston Solutions, Inc. to perform water quality assessment and design tasks in the Newport Coast Watershed and
adjacent Areas of Special Biological Significance (ASBS), and water quality assessment tasks in the Big Canyon Watershed.
Also, to transfer project savings from the Westcliff Streetlight Conversion account to the Newport Coast ASBS Water Quality
Assessments account. Additional expenditure appropriations totaling $1,030,000 will be included in the FY 2011 -12 CIP budget.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE Amount
Fund Account Description Debit Credit
255 3605 Environmental Contributions - Fund Balance $1,030,000.00
REVENUE ESTIMATES (3601)
Fund /Division Account Description
255 482B Environmental Contrib - State Prop 84 ASBS Grant $2,500,000.00
EXPENDITURE APPROPRIATIONS (3603)
Signed:
City Council Approval: City Clerk
Date
Description
Division
Number
7255
Environmental Contributions
Account
Number
C5002006
Newport Coast ASBS Water Quality Assessments
$563,000.00
Division
Number
7255
Environmental Contributions
Account
Number
C5002007
Newport Coast ASBS Runoff Reduction Program
$795,000.00
Division
Number
7255
Environmental Contributions
Account
Number
C5002008
Newport Coast ASBS Public Impact Reduction
$112,000.00
Division
Number
7013
Street
Account
Number
C2202000
Streetlight Conversion Westcliff
$49,818.00
Division
Number
7014
Misc & Studies
Account
Number
C5002006
Newport Coast ASBS Water Quality Assessments
$49,818.00
• Automatic System Entry.
Signed:
1 C
• 1
Financial Ap ro al: Administrative Services Director
Date
Signed:
�
Z.-u— ,
'41, 1bl
A---- Administrative Approval:
City Manager
Date
Signed:
City Council Approval: City Clerk
Date
FOR STATE USE ONLY
DGS
EfREGISTRATION NO. ST
lIN S5b
PROPOSITION 84 AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS) GRANT PROGRAM
GRANT AGREEMENT
BETWEEN THE
STATE WATER RESOURCES CONTROL BOARD, hereinafter called "State" or "State Water Board"
AND
CITY OF NEWPORT BEACH, hereinafter called "Grantee"
NEWPORT COAST ASBS PROTECTION IMPLEMENTATION PROGRAM, hereinafter called "Project"
AGREEMENT NO. 10- 414 -550
The State and Grantee hereby agree as follows:
PROVISIoN(s). The following provision(s) authorize the State Water Board to enter into this type of Grant Agreement:
Public Resources Code § 75060 (Proposition 84 Clean Beaches Initiative)
PURPOSE. The State shall provide a grant to and for the benefit of Grantee for the purpose of implementing elements of
the Newport Coast ASBS Protection Program to improve water quality at public beaches and further
reduce bacterial loadings to the coastal waters.
GRANT AMOUNT. The maximum amount payable under this Agreement shall not exceed $2,500,000.00. Global Positioning
System (GPS) locations for any monitoring must be identified for this Project prior to any disbursements.
TERM OF AGREEMENT. The term of the Agreement shall begin on APRIL 1, 2011, and continue through final payment plus
thirty -five (35) years unless otherwise terminated or amended as provided in the Agreement. HOWEVER, ALL
WORK SHALL BE COMPLETED BY MARCH 31, 2014. ABSOLUTELY NO FUNDS MAY BE
REQUESTED AFTER MAY 1, 2014.
PROJECT REPRESENTATIVEs. The Project Representatives during the term of this Agreement will be:
State Water Board
Grantee:
City of Newport Beach
Name:
Ruben Mora, Grant Mana er
Name:
Robert Stein, Project Director
Address:
1001 1 Street, 16 Floor
Address:
3300 Newport Boulevard
City, Zip:
Sacramento, CA 95621
City, Zip:
Newport Beach, CA 92658
Phone:
916 341 -5387
Phone:
949 644 -3322
Fax:
916 341 -5707
Fax:
949 644 -3318
e -mail:
rmoranawaterboards.ca.00v
e-mail:
RStein new ortbeachca. ov
Direct all inquiries to:
State Water Board
Grantee:
City of Newport Beach
Section:
Division of Financial Assistance
Section:
'
Attention:
Melissa Miller, Pro ram Analyst
Name:
Robert Stein, Grant Contact
Address:
1001 1 Street, 17 Floor
Address:
3300 Newport Boulevard
City, Zip:
Sacramento, CA 95814
City, Zip:
Newport Beach, CA 92658
Phone:
916 993 -3872
Phone:
949 644 -3322
Fax:
916 341 -5296
Fax:
949) 644 -3318
e -mail:
mmiller@waterboa[qq.ca.gov
e-mail:
RStein(7a newportbeachca.00v
Either party may change its Project Representative upon written notice to the other party.
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 2 of 22
STANDARD PROVISIONS. The following exhibits are attached and made a part of this Agreement by this reference:
Exhibit A SCOPE OF WORK
Exhibit B INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS
Exhibit C GENERAL TERMS & CONDITIONS
Exhibit D SPECIAL CONDITIONS - PROPOSITION 84 ASBS GRANT PROGRAM
GRANTEE REPRESENTATIONS, The Grantee accepts and agrees to comply with all terms, provisions, conditions, and
commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations,
representations, and commitments made by the Grantee in its application, accompanying documents, and communications
filed in support of its request for grant funding. Grantee shall comply with and require its contractors and subcontractors to
comply with all applicable laws, policies and regulations.
have executed this Agreement on the dates set forth below.
S /99a'lr
Grantee Typed /Printed Name
/ u�wG k-'f!W':5 al6en r-
Title and Date `///
By:
State Water Resources CogCrc
Divisiodl of Financial Assist inc;
Date %� r
Reviewed by: U(
office of Chiel Counsel
Date: ilL hOtl
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 3 of 22
EXHIBIT A
SCOPE OF WORK
A. PLANS AND COMPLIANCE REQUIREMENTS
1. In order for the State Water Board and Regional Water Quality Control Board (Regional Water Board)
staff to verify work was adequately performed or conducted, GPS information for project site and
monitoring locations must be identified for this Project prior to any disbursements. Submittal
requirements for GPS data are available at:
http: / /www.waterboards.ca.gov /water issues /programs /q rants loans /grant info /index.shtml #plans.
2. The Grantee shall prepare and submit a Monitoring and Reporting Plan (MRP) that does all of the
following: 1) identifies the nonpoint source(s) of pollution to be prevented or reduced by the Project; 2)
describes the baseline water quality or quality of the environment to be addressed; 3) describes the
manner in which the Project will be effective in preventing or reducing pollution and in demonstrating the
desired environmental results; and 4) describes the monitoring program, including, but not limited to, the
methodology, frequency, and duration of monitoring.
The MRP shall be organized as follows, and may be submitted as separate documents or in one report.
2.1 Proiect Assessment and Evaluation
The Project Assessment and Evaluation Plan (PAEP) describes the manner in which the Project will
be effective in preventing or reducing pollution and in demonstrating the desired environmental
results. The PAEP details the methods of measuring and reporting Project benefits. A PAEP will
also identify the ASBS discharges and high threat discharges to be reduced or eliminated by the
Project. The Grantee shall not implement monitoring and performance assessment and /or
evaluation actions prior to PAEP approval by the Grant Manager. Guidance for preparing the PAEP
is available at:
http: / /www.waterboards.ca.gov /water issues /programs /grants loans /grant info /index.shtml #plans.
2.2 Monitoring Plan
All projects must prepare a Monitoring Plan (MP). At a minimum, all MPs must: 1) describe the
baseline water quality or quality of the environment to be addressed; 2) identify the non -point
source(s) of pollution to be prevented or reduced by the Project; 3) be consistent with regional
monitoring efforts and methods; and, 4) provide GPS information for all sampling locations.
The MP must include a description of the monitoring program and objectives, types of constituents
to be monitored, methodology, the frequency and duration of monitoring, the sampling location for
the monitoring activities, and a discussion of how monitoring is related to existing regional
monitoring efforts. The MP must also include a map showing the proposed monitoring sites, along
with existing regional monitoring and other critical monitoring efforts.
Any costs related to monitoring data collected prior to and not supported by the approved MP will
not be reimbursed. Changes to the MP must be submitted to the Grant Manager for review and a
decision regarding approval prior to implementation. Guidance for preparing an MP is available at
http: / /www.waterboards.ca.gov /water issues /programs /grants loans /grant info /index.shtml #plans.
2.3 Quality Assurance Project Plan
If water quality monitoring is undertaken, the Grantee shall also prepare, maintain, and implement a
Quality Assurance Project Plan (QAPP) in accordance with the State Water Board's Surface Water
Ambient Monitoring Program's (SWAMP) QAPP and data reporting requirements, and the USEPA
QAPP, EPA AQ /R5, 3/01. Water quality monitoring data includes physical, chemical, and biological
monitoring of any surface water. The QAPP shall be submitted to the State Water Board's Quality
Assurance Officer for review and a decision regarding approval. Any costs related to monitoring
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 4 of 22
data collected prior to and not supported by the approved QAPP will not be reimbursed. Guidance
for preparing the QAPP is available at:
http: / /www.waterbo@rds.ca.gov /water issues /programs /g rants loans /grant info /index.shtml #plans.
The Grantee shall upload a pdf version of the final approved document(s) to the Financial
Assistance Application Submittal Tool (FAAST) system.
2.4 Data Management
Upon the request of the Grant Manager, the Grantee shall submit all water quality data obtained
through implementation of the Monitoring Plan to one of the four Regional Data Centers (Moss
Landing Marine Lab, San Francisco Estuary Institute, Southern California Coastal Water Research
Project, or University of California, Davis), in an electronic format that can readily be uploaded to the
California Environmental Data Exchange Network (CEDEN), such as SWAMP data format
templates.
3. All projects are required to comply with the California Environmental Quality Act (CEQA). No work that is
subject to the CEQA or National Environmental Policy Act (NEPA) may proceed under this Agreement
until documents that satisfy the CEQA/NEPA process are received by the Grant Manager and the State
Water Board has given environmental clearance. No work that is subject to an Environmental Impact
Report or a Mitigated Negative Declaration may proceed until and unless approved by the Deputy
Director of the Slate Water Board's Division of Financial Assistance (Division). Such approval is fully
discretionary and shall constitute a condition precedent to any work for which it is required. Proceeding
with work subject to CEQA and /or NEPA without environmental clearance by the State Water Board shall
constitute a breach of a material provision of this Agreement.
4. If landowner agreements are required, signed copies must be submitted to the Grant Manager before
works begins.
5. If permits are required, the permits must be obtained and signed copies submitted to the Grant Manager
before work begins.
6. State Disclosure Requirements — Include the following disclosure statement in any document, written
report, or brochure prepared in whole or in part pursuant to this Agreement:
"Funding for this project has been provided in full or in part through an agreement with the State Water
Resources Control Board. The contents of this document do not necessarily reflect the views and
policies of the State Water Resources Control Board, nor does mention of trade names or commercial
products constitute endorsement or recommendation for use."
Signage shall be posted in a prominent location at Project site (if applicable) or at the Grantee's
headquarters and shall include the State Water Board color logo (available from the Program Analyst):
WrateI" Boards
and the following disclosure statement:
"Funding for this project has been provided in full or in part through an agreement with the State Water
Resources Control Board:"
7. The Grantee shall also include in each of its contracts for work under this Agreement a provision that
incorporates the requirements stated within this exhibit. (Gov. Code, § 7550)
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 5 of 22
B. WORK TO BE PERFORMED BY GRANTEE
1. Runoff Reduction Program
1.1 Prepare an assessment of homeowner association common areas that drain to or adjacent to the
ASBS to be targeted under this program. Coordinate with Irvine Ranch Water District (IRWD) on
the assessment, review water usage records, and submit the assessment to the Grant Manager.
1.2 Create a marketing campaign to facilitate the success of the program, and submit a copy of the
marketing materials to the Grant Manager.
1.3. Perform irrigation system evaluations and provide recommendations. Submit the evaluations and
recommendations to the Grant Manager.
1.4 Perform pre - implementation baseline monitoring.
1.5 Install irrigation system improvements and. associated equipment.
1.6 Provide verification inspections and complete installation report forms. Submit the inspection and
installation reports to the Grant Manager.
1.7 Implement an outreach and education program.
1.8 Review pre - installation water usage records and perform post - implementation monitoring to
determine the program's effectiveness, and submit an effectiveness monitoring report to the Grant
Manager.
2. Buck Gully Erosion Control /Wetlands Project and Storm Drain Infiltration Gallery
2.1 Buck Gully Erosion Control/Wetiands Project
2.1.1 Prepare final construction documents per previously prepared planning documents and
submit to the Grant Manager.
2.1.2 Construct the Project.
2.1.3 Conduct pre- and post- construction water quality monitoring and effectiveness
assessment, and submit a report to the Grant Manager.
2.1.4 Prepare and submit As -Built drawings and photo documentation to the Grant Manager.
2.2 Storm Drain Infiltration Gallery
2.2.1 Design a system to treat and convey stormwater to reduce metals loading that is
discharging directly to the beach area adjacent to the ASBS.
2.2.2 Prepare final construction documents to install infiltration gallery and submit to the Grant
Manager.
2.2.3 Construct the Project.
2.2.4 Conduct pre- and post - construction water quality monitoring and effectiveness
assessment, and submit a report to the Grant Manager.
2.2.5 Prepare and submit As -Built drawings and photo documentation to the Grant Manager.
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 6 of 22
3. Crystal Cove State Park (Park) Parking Lot Improvements
3.1 Design control measures to reduce peak flows from parking lot(s) in the Park, and submit the
design(s) to the Grant Manager.
3.2 Prepare final construction documents and submit to the Grant Manager.
3.3 Construct the Project.
3.4 Conduct pre- and post- construction water quality monitoring and effectiveness assessment, and
submit a report to the Grant Manager.
3.5 Prepare and submit As -Built drawings and photo documentation to the Grant Manager.
4. Los Trancos Pond Improvement Project
4.1 Prepare a pre- design memorandum, with recommendations for improving the ponded water area
at the mouth of Los Trancos Creek, such as removing concrete debris, removing invasive plants,
and re- establishing native plants, e.g., bulrushes or cattails, and submit to the Grant Manager.
4.2 Prepare final construction documents and submit to the Grant Manager.
4.3 Construct the Project.
4.4 Conduct pre- and post- construction water quality monitoring, assist county Park staff in
monitoring pond conditions, and submit a report.to the Grant Manager.
4.5 Prepare and submit As -Built drawings and photo documentation to the Grant Manager.
5. Pesticide Management Program
5.1 Prepare a campaign for training landscape maintenance companies and property owners on the
the correct use of pesticide products. Submit pesticide information and mailers to the Grant
Manager.
5.2 Conduct public workshops on pesticide management and submit a public workshops report to the
Grant Manager.
5.3 Participate in the California Stormwater Quality Association pesticide subcommittee.
6. Public Impact Reduction
6.1 Develop and implement a program designed to reduce the intensity of visitor use at highly -
impacted tidepool areas along the ASBS. Review an option for use of interpretive touch tanks.
Prepare a regional protection program report, outlining how agencies and Non - Governmental
Organizations (NGO) can coordinate education programs, docent programs and enforcement
activities with the Newport Coast ASBS, and submit to the Grant Manager,
6.2 Install interpretive signs along the coastal walkways of the ASBS. Submit the final signage
design and location plan to the Grant Manager.
6.3 Monitor use of the rocking - intertidal areas and gauge changes.
Little Corona Rocky - Intertidal Restoration Pilot Program
7.1 Implement the pilot program to remove the invasive seaweed, and submit an invasive species
removal report to the Grant Manager.
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 7 of 22
7.2 Review the Bight08 Biology Survey data, define supplemental monitoring requirements, collect
biological data, and perform other marine surveys and toxicity tests appropriate for assessing
other areas of the ASBS. Provide a biology survey summary report to the Grant Manager.
8. ASBS Collaborative Management Program
8.1 Create a centralized website for southern California ASBS stakeholders to confer on policy,
scientific, and collaboration issues. Stakeholders invited to participate include coastal cities with
ASBS, United States Navy, Coastkeepers, Surfriders, other NGO's, The Southern California
Coastal Water Research Project (SCCWRP), The Scripps Research Institute, State resources
agencies, local community groups, University of California, Irvine, Cal State Fullerton, University
of California, San Diego, counties' watershed staff, and marine life experts and consultants.
Submit a website outline and forum topics to the Grant Manager.
8.2 Develop an Integrated ASBS Program, that includes an ecosystem impact metric for a tiered
monitoring program, prioritization of actions, resource planning and linkage to current and
anticipated Total Maximum Daily Load using a watershed approach, and submit to the Grant
Manager. It will include an assessment of a variety of potential anthropogenic perturbations, e.g.
urban runoff, flow from Newport Harbor, trampling of intertidal organisms from tidepool visitors,
using a triad approach that includes water quality, toxicity and bioaccumulation, and biological
community structure. Studies will be conducted pre- and post implementation to determine the
collective effectiveness on the ASBS.
8.3 Prepare an annual report, summarizing the status of the website and the recommendations of the
stakeholders forums, and submit to the Grant Manager.
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 8 of 22
TABLE OF ITEMS FOR REVIEW
Item
DESCRIPTION
CRITICAL DUE
DATE.
ESTIMATED
DUE DATE
EXHIBIT A — SCOPE OF WORK
A.
PLANS AND COMPLIANCE REQUIREMENTS
1.
GPS information for Project site and monitoring locations
Day 90
2.1
Project Assessment and Evaluation Plan (PAEP)
Day 30
2.2
Monitoring Plan (MP)
Day 90
2.3
Quality Assurance Project Plan (QAPP)
Day 90
3.
Copy of final CEQA/NEPA Documentation
Various, per
schedule
4.
Land Owner Agreement(s)
N/A
5.
Applicable Permits
As Needed
B.
WORK TO BE PERFORMED BY GRANTEE
1.
Runoff Reduction Program
1.1
Homeowners Association Common Area Assessment
August 2011
1.2
Marketing Materials
October 2011
1.3
Irrigation System Evaluations and Recommendations
July 2012
1.6
Inspection and Installation Report
March 2013
1.8
Effectiveness Monitoring Reports
January 2014
2
Buck Gully Erosion Control /Wetlands Project and Storm
Drain Infiltration Gallery
2.1.1
Final Construction Documents
June 2011
2.1.3
Water Quality Monitoring and Effectiveness Assessment
Report
July 2011
2.1.4
As -Built Drawings and Photo Documentation
August 2012
2.2.2
Final Construction Documents
December 2012
2.2.4
Water Quality Monitoring and Effectiveness Assessment
Report
January 2013
2.2.5
As -Built Drawings and Photo Documentation
June 2013
3.
Crystal Cove State Park Parking Lot Improvement
3.1
Parking Lot Design(s)
July 2012
3.2
Final Construction Documents
December 2012
3.4
Water Quality Monitoring and Effectiveness Assessment
Report
January 2013
3.5
As -Built Drawings and Photo Documentation
July 2013
4.
Los Trancos Pond Improvement Project
4.1
Pre - Design Memo
December 2011
4.2
Final Construction Documents
June 2012
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 9 of 22
Item
DESCRIPTION
CRITICAL DUE
DATE
ESTIMATED
DUE DATE
EXHIBITA — SCOPE OF WORK
4.4
Water Quality Monitoring Report
July 2012
4.5
As -Built Drawings and Photo Documentation
January 2013
5.
Pesticide Management Program
5.1
Pesticide Information and Mailers
January 2012
5.2
Public Workshops Report
January 2013
6.
Public Impact Reduction
6.1
Regional Protection Program Report
January 2013
6.2
Final Signage Design and Location Plan
June 2012
7.
Little Corona Rocky - Intertidal Restoration Pilot Program
7.1
Invasive Species Removal Report
December 2013
7.2
Biology Survey Summary Report
December 2013
8.
ASBS Collaborative Management Program
8.1
Website Outline and Forum Topics
December 2012
8.2
Integrated ASBS Program
December 2013
8.3
Annual - Report
January 2013
and 2014
EXHIBIT B — INVOICING, BUDGET DETAIL, AND REPORTING PROVISIONS
A.
INVOICING
Quarterly
G.
REPORTS
1.
Progress Reports by the twentieth (20'") of the month
following the end of the calendar quarter (March, June,
September, and December)
Quarterly
2.
Annual Progress Summaries
September 2012
September 2013
3
Natural Resource Projects Inventory (NRPI) Project
Survey Form
Before final
invoice
4.
Draft Project Report
January 2014
5.
Final Project Report
February 2014
6.
Final Project Summary
February 2014
7.
Final Project Inspection and Certification
Before Final
Invoice
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 10 of 22
EXHIBIT B
INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS
A. INVOICING
1. Invoices shall be submitted using the invoice template provided by the State Water Board. The invoice
must be itemized based on the line items specified in the Budget. The original invoice shall be submitted
to the State Water Board's Grant Manager on a quarterly basis consistent with the reporting schedule in
Section E.1 of this exhibit. The address for submittal is:
Ruben Mora, Grant Manager
State Water Resources Control Board
Division of Financial Assistance
1001 1 Street, 16" Floor
Sacramento, CA 95814
2. Invoices submitted in any other format than the one provided by the State Water Board will cause an
invoice to be disputed. In the event of an invoice dispute, the State Water Board's Grant Manager will
notify the Grantee by initiating an "Invoice Dispute Notification" form. Payment will not be made until the
dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided
above may result in return of the invoice to the Grantee. Payment shall be deemed complete upon
deposit of the payment, properly addressed, postage prepaid, in the United States mail. The State Water
Board Grant Manager has the responsibility for approving invoices.
3. Supporting documentation (e.g., receipts) must be submitted with each invoice to request reimbursement
for grant funds as well as to support matching funds invoiced. The amount claimed for the Personnel
Services tine item and Professional and Consultant Services line item must include a calculation formula
(i.e., hours or days worked times the hourly or daily rate = total amount claimed). Invoice payment shall
be made only after receipt of a complete, adequately supported, properly documented and accurately
addressed invoice.
4. The Grantee shall not request disbursement for any cost until such cost has been incurred and has been
paid by or is due and payable by the Grantee. Although it is agreed that actual payment of such cost by
the Grantee is not required as a condition of the grant disbursement, all grant disbursements received by
the Grantee shall be paid to contractors and vendors within thirty (30) days from receipt of the funds. In
the event that the Grantee fails to disburse grant funds to contractors or vendors within thirty (30) days
from receipt of the funds, the Grantee shall immediately return such funds to the State Water Board.
Interest shall accrue on such funds from the date of disbursement through the date of mailing of funds to
the State Water Board. If the Grantee held such funds in interest- bearing accounts, any interest earned
on the funds shall also be due to the State Water Board.
5. Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or
in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or
which may require any rebates to the Federal Government, or any loss of tax -free status on state bonds,
pursuant to any Federal statute or regulation.
6. Notwithstanding any other provision of this Agreement, the Grantee agrees that the State Water Board
may retain an amount equal to ten percent (10 %) of the grant amount specified in this Agreement until
completion of the Project to the reasonable satisfaction of the State Water Board. Any retained amounts
due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the
Project.
7. The invoice shall contain the following information:
a. The date of the invoice;
b. The time period covered by the invoice, i.e., the term "from" and "to';
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c. The total amount due; and
d. Original signature and date (in ink) of Grantee or its authorized representative.
e. Final invoice shall be clearly marked "FINAL INVOICE" and submitted NO LATER THAN
MAY 1, 2014.
B. PROHIBITION OF INDIRECT COSTS
The grant funds for this Agreement are the proceeds from the sale of general obligation bonds. As such,
grant funds may not be used for any indirect costs. "Indirect Costs" means those costs that are incurred for a
common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project
(i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited
to: central service costs; general administration of the Grantee; accounting and personnel services performed
within the Grantee organization; depreciation or use allowances on buildings and equipment; the costs of
operating and maintaining facilities; tuition and conference fees; and, generic overhead or markup. Any
invoice submitted including Indirect Costs will cause that invoice, in its entirety, to be disputed and will not be
paid until the dispute is resolved. This prohibition applies to the Grantee and any subcontract or
subagreement for work on the Project that will be reimbursed with grant funds pursuant to this Agreement.
C. BUDGET CONTINGENCY CLAUSE
The maximum amount to be encumbered under this Agreement for the 2010 -2011 fiscal year ending
June 30, 2011 shall not exceed TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00).
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 force and effect. This provision
shall be construed as a condition precedent to the obligation of the State Water Board to make any payments
under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Grantee
or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any
provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Grantee with a
right of priority for payment over any other Grantee.
If this Agreement's funding for any fiscal year is reduced or deleted by the Budget Act, by Executive Order, or
by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no
liability occurring to the State, or offer an Agreement amendment to the Grantee to reflect the reduced
amount.
D. LINE ITEM BUDGET
PROP84 MATCH TOTAL
Personnel Services $ 0 $ 243,271 $ 243,271
Equipment ($5,000 or more per item) $ 5,000 $ 0 $ 5,000
Water Quality Meter
Professional and Consultant Services $1,107,500 $ 451,000 $1,558,500
Geotechnical, Permitting and Environmental Services; Irrigation
Controllers and Pesticide Program,; PAEP, QAPP and
Monitoring Plan; Buck Gully Erosion Control/Wetlands Project;
Rocky Intertidal Pilot Program; Southern CA Bight ASBS Website;
Public Impact Reduction Program and Signage; ASBS
Collaborative Management Program; Monitoring
Construction (Contracted Services)
$1,387,500
$1,356,500
$2,744,000
TOTAL
$2,500,000
$2,050,771
$4;550,771
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State Water Board Grant Agreement No. 10- 414 -550
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E. BUDGET LINE ITEM FLEXIBILITY
Line Item Adjustment(s). Subject to the prior review and approval of the Grant Manager, adjustments
between existing line item(s) may be used to defray allowable direct costs up to fifteen percent (15 %) of
the total grant amount including any amendment(s) thereto. Line item adjustments in excess of fifteen
percent (15 %) shall require a formal Agreement amendment. If the Line Item Budget includes an amount
for Personnel Services, that amount is based on the hours, classifications, and rates submitted by the
Grantee in its application. Any changes to the hours, classifications, and rates must be approved, in
advance and in writing, by the Grant Manager.
Procedure to Request an Adjustment. Grantee may submit a request for an adjustment in writing to the
State Water Board. Such adjustment may not increase or decrease the total grant amount allocated per
fiscal year. The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the
requested changes. Changes shall be noted by striking the original amount(s) followed with revised
change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new
budget line item requires a formal amendment and are not permissible under this provision. The State
Water Board may also propose adjustments to the budget.
3. Remaining Balance. In the event the Grantee does not submit invoices requesting all of the funds
encumbered under this Grant Agreement, any remaining funds revert to the State. The State Water Board
will mail a Notice of Project Completion letter to the Grantee stating that the Project file is closed, the final
invoice is being processed for payment, and any remaining balance will be disencumbered and
unavailable for further use under the Grant Agreement.
F. MATCH FUNDS
The Grantee agrees to provide match funds in the amount of TWO MILLION FIFTY THOUSAND SEVEN
HUNDRED SEVENTY -ONE DOLLARS ($2,050,771) for this Project. This amount of match funds is
based on the classifications (i.e., Line Item Budget categories), funding sources, and amounts submitted
by the Grantee in its application. Any changes in amount or adjustments in classification or sources must
be approved, in advance and in writing, by the Grant Manager.
G. REPORTS
1. PROGRESS REPORT. Grantee shall submit quarterly progress reports to the State Water Board's Grant
Manager by the twentieth (201") of the month following the end of the calendar quarter (March, June,
September, and December).
a. The progress reports shall provide a brief description of the work performed, accomplishments during
the quarter, milestones achieved, monitoring results (if applicable), and any problems encountered in
the performance of the work under this Agreement. Grantee shall document all contractor activities
and expenditures in progress reports.
b. The invoice should accompany the progress report. The invoice should reflect charges for the work
completed during the reporting period covered by progress report. The invoice cannot be paid prior
to submission of a progress report covering the invoice reporting period.
2. ANNUAL PROGRESS SUMMARIES. Prepare and provide an annual progress summary by September
30, 2012 and September 30, 2013. The summary must be no more than two (2) pages, and shall include
pictures as appropriate. Upload an electronic copy of the Annual Progress Summary in pdf format to the
FAAST system. The summary shall include the following:
a. A summary of the conditions the Project is meant to alleviate, the Project's objective, the scope of the
Project, and a description of the approach used to achieve the Project's objective.
b. A summary of the progress made to date, significant milestones achieved, and'the current schedule
of completing the Project.
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c. An evaluation of the effectiveness of the Project to date in preventing or reducing pollution and
alleviating the Project's original conditions.
A template for the Annual Progress Summary is available online at:
htto: / /www.waterboards.ca.gov /water issues /programs /g rants loans /grant info /index.shtml
3. NRPI SURVEY FORM. At the completion of this Project, the Grantee shall complete and submit
electronically a Natural Resource Project Inventory (NRPI) Project Survey Form found at
http :l /www.ice.ucdavis.edu /nrpi. Prior to final payment, the Grantee shall notify the Program Analyst they
have uploaded an electronic copy of the form to the NRPI system.
DRAFT PROJECT REPORT. Prepare and submit to the Grant Manager, for review and comment, a draft
Project Report that includes information collected by the recipient in accordance with the Project monitoring
and reporting plan, a determination of the effectiveness of the Project in preventing or reducing pollution, and
the results of the monitoring program. The draft report shall address the following narrative sections and
items.
a. A summary of the Project, describing Project purpose, scope and goals, activities completed,
techniques used and partners involved.
b. A report of all monitoring and management practices or management measures implemented,
together with their corresponding locations. The report shall be in a format that enables the Grant
Manager to find the physical location of each implemented practice or measure and /or monitoring
event in a quick and efficient manner. Acceptable formats include, but are not limited to:
Map of locations — The map of practices or measures implemented shall consist of dots placed on
a USGS 7.5- minute quadrangle map at the implementation location. Lead lines shall be
connected to a text box description of the practice or measure. The dots shall have a small
enough diameter to enable the Grant Manager to locate the measure or practice within a 50 -foot
radius.
Project coding system — The project coding system shall explain the coding used to describe
each implemented practice or measure and include a reference to the corresponding GPS
location(s).
c. Describe Project performance, including benefits, successes and shortcomings, consistent with the
PAEP. Enumerate specific quantifiable environmental changes and results of the Project. As
appropriate, include 1) behavioral results such as the amount of management practices or measures
implemented, 2) cost of implementing each BMP or management measure, 3) estimates or
measurements of the amount of pollutants prevented from reaching surface or ground water, 4)
documented changes in water quality based on monitoring, and 4) improved or protected beneficial
uses.
In addition, if the Grantee is responsible for the discharge(s) into the ASBS, the PAEP shall include:
C A description of how the Project addresses high threat discharges, and
Estimated dates and schedules for addressing future high threat discharges, if known.
d. Identify lessons learned in carrying out the Project. Describe what worked and what did not work,
and how similar efforts could be utilized within the Project area, as well as in other watersheds.
e. Describe the extent of outreach that has been conducted and if there are plans to further promote the
results of the Project to achieve additional implementation.
f. Describe the Project's funding. Include the projected cost and actual cost of the Project, how much of
the grant funds were spent, and how much funding was put into the Project from other sources.
Identify funding sources that have been "leveraged" by the Project and plans for funding future
activities.
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g. Identify planned or potential follow -up activities, such as any additional steps necessary to achieve
the water quality objectives, Total Maximum Daily Loads (TMDL) or local watershed plans.
h. Include appropriate photos and graphics.
i. A list of items submitted as outlined in the Table of Items for Review.
j. Any additional information that is deemed appropriate by the Project Director or Grant Manager.
5. FINAL PROJECT REPORT. Prepare a final Project Report that addresses, to the extent feasible,
comments made by the Grant Manager on the draft final Project Report. Submit one (1) reproducible
master, and an electronic copy of the final. Upload an electronic copy of the final report in pdf format to
the FAAST system.
6. FINAL PROJECT SUMMARY. Prepare a final Project Summary Report that describes the Project's
objective, scope, and final evaluation of the effectiveness of the Project in preventing or reducing
pollution. Upload an electronic copy of the Final Project Summary in pdf format to the FAAST system.
A template for the Final Project Summary is available online at: http: / /www.waterboards.ca.gov/
water issues /orograms/grants loans /grant info /index.shtml.
FINAL PROJECT INSPECTION AND CERTIFICATION. Upon completion of the Project, the Grantee
shall provide for a final inspection and shall certify that the Project has been completed in accordance
with this Agreement, any final plans and specifications submitted to the State Water Board, and any
amendments or modifications thereto. If the Project involved the planning, investigation, evaluation,
design, or other work requiring interpretation and proper application of engineering, or other
professionals, the final inspection and certification shall be conducted by a California Registered Civil
Engineer or other appropriate California registered professional. The results of the final inspection and
certification shall be provided to the Grant Manager.
8. The Grantee agrees to expeditiously provide, during work on the Project and throughout the term of this
Agreement, such reports, data, information, and certifications that may be reasonably required by the State
Water Board.
H. PAYMENT OF PROJECT COSTS
The Grantee agrees that it will provide for payment of its full share of Project costs and that all costs
connected with the Project will be paid by the Grantee on a timely basis.
AUDIT DISALLOWANCES
The Grantee agrees it shall return any audit disallowances to the State Water Board.
J. FRAUD AND MISUSE OF PUBLIC FUNDS
All invoices submitted shall be accurate and signed under penalty of perjury. Any and all costs submitted
pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any
invoice containing costs that are ineligible or have been reimbursed from other funding sources unless
required and specifically noted as such (i.e., match costs). Any eligible costs for which the Grantee is seeking
reimbursement shall not be reimbursed from any other source. Double or multiple billing for, time, services, or
any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery,
embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant
funds and /or termination of this Agreement requiring the repayment of all funds disbursed hereunder.
Additionally, the Deputy Director of the Division of Financial Assistance may request an audit pursuant to
Exhibit C, paragraph 4 and refer the matter to the Attorney General's Office or the appropriate district
attorney's office for criminal prosecution or the imposition of civil liability.
(Civ. Code, §§ 1572 -1573; Pen. Code, §§ 470, 489 -490.)
City of Newport Beach
State Water Board Grant Agreement No. 10 -414 -550
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EXHIBIT C
GENERAL TERMS & CONDITIONS
1. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated
in the Agreement is binding on any of the parties.
2. APPROVAL: The Grantee will not proceed with any work on the Project until authorized in writing by the State
Water Board.
3. ASSIGNMENT: This grant is not assignable by the Grantee, either in whole or in part, without the written
consent of the State Water Board.
4. AUDIT: The Grantee agrees the State Water Board, the Bureau of State Audits, the Governor of the State, or
the - Internal Revenue Service, or any authorized representative of the foregoing shall have the right to review
and to copy any records and supporting documentation pertaining to the performance of this Agreement. The
Division of Financial Assistance (Division), at its option, 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 such
an audit becomes necessary because (if federal requirements. Where such an audit is called for, the audit
shall be performed by a certified public accountant independent of the Grantee and at the cost of the Grantee.
The audit shall be in the form required by the Division. The Grantee agrees to maintain such records for a
possible audit for a minimum of thirty -five (35) years after final payment, unless a longer period of records
retention is stipulated. The Grantee agrees to allow the auditor(s) access to such records during normal
business hours and to allow interviews of any employees who might reasonably have information related to
such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview
staff in any contract related to performance of this Agreement.
(Gov. Code, § 8546.7; Pub. Contract Code, § 10115 et seq.)
5. BONDING: Where contractors are used, the Grantee shall not authorize construction to begin until each
contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful
performance (100 %) of contract value; labor and materials (100 %) of contract value. This requirement shall
not apply to any contract for less than $25,000.00. (Civ. Code, § 3247 et seq.; Pub. Contract Code, § 7103.)
6. CEQA/NEPA:
a. No work that is subject to the California Environmental Quality Act (CEQA) or National Environmental
Policy Act (NEPA) may proceed under this Agreement until documents that satisfy the CEQA/NEPA
process are received by the Grant Manager and the State Water Board has given environmental
clearance. No work that is subject to an Environmental Impact Report or a Mitigated Negative
Declaration may proceed until and unless approved by the Deputy Director of the Division. Such
approval is fully discretionary and shall constitute a condition precedent to any work for which it is
required. Proceeding with work subject to CEQA and /or NEPA without environmental clearance by the
State Water Board shall constitute a bleach of a material provision of this Agreement.
b. If this Project includes modification of a river or stream channel, it must fully mitigate environmental
impacts resulting from the modification. The Grantee must provide documentation that the environmental
impacts resulting from such modification will be fully mitigated considering all of the impacts of the
modification and any mitigation, environmental enhancement, and environmental benefit resulting from
the Project, and whether, on balance, any environmental enhancement or benefit equals or exceeds any
negative environmental impacts of the Project.
COMPLIANCE WITH LAW, REGULATIONS, ETC.: The Grantee agrees that it will, at all times, comply with
and require its contractors and subcontractors to comply with all applicable federal and state laws, rules,
guidelines, regulations, and requirements. Without limitation of the foregoing, the Grantee agrees that, to the
extent applicable, the Grantee will comply with the provisions of the adopted environmental mitigation plan for
the term of this Agreement, or the useful life of the Project, whichever is longer.
City of Newport Beach
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8. COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to
ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or
maintenance of computer software in violation of copyright laws.
9. CONFLICT OF INTEREST: The Grantee certifies that it is in compliance with applicable state and /or federal
conflict of interest laws.
10. CONTINUOUS USE OF PROJECT; LEASE OR DISPOSAL OF PROJECT: The Grantee agrees that, except
as provided in the Agreement, it will not abandon, substantially discontinue use of, lease, or dispose of the
Project or any significant part or portion thereof during the useful life of the Project without prior written
approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division,
including a condition requiring repayment of all grant funds or any portion of all remaining grant funds covered
by this Agreement together with accrued interest and any penalty assessments which may be due.
11. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS: In the event that any breach of any of the
provisions of this Agreement by the Grantee shall result in the loss of tax exempt status for any state bonds,
or if such breach shall result in an obligation on the part of the State to reimburse the federal government by
reason of any arbitrage profits, the Grantee shall immediately reimburse the state in an amount equal to any
damages paid by or loss incurred by the State due to such breach.
12. DATA MANAGEMENT: This Project includes appropriate data management activities so that Project data
can be incorporated into appropriate statewide data systems.
13. DISPUTES: The Grantee shall continue with its responsibilities under this Agreement during any dispute. Any
dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by
the Deputy Director of the Division, or his or her authorized representative. The decision shall be reduced to
writing and a copy thereof furnished to the Grantee and to the State Water Board's Executive Director. The
decision of the Division shall be final and conclusive unless, within thirty (30) calendar days after mailing of
the Division decision to the Grantee, the Grantee mails or otherwise furnishes a written appeal of the decision
to the State Water Board's Executive Director. The decision of the State Water Board's Executive Director
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
substantial evidence. In connection with any appeal under this clause, the Grantee shall be afforded an
opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute
hereunder, the Grantee shall continue to fulfill and comply with all the terms, provisions, commitments, and
requirements of this Agreement. This clause does not preclude consideration of legal questions, provided
that nothing herein shall be construed to make final the decision of the State Water Board, or any official or
representative thereof, on any question of law.
14. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at a
minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a
level of expenditure adequate to establish that such funds have not been used in violation of state law or this
Agreement. The Grantee further agrees that it will maintain separate Project accounts in accordance with
generally accepted accounting principles.
15. GOVERNING LAW: This grant is governed by and shall be interpreted in accordance with the laws of the
State of California.
16. GRANTEE'S RESPONSIBILITY FOR WORK: The Grantee shall be responsible for all work and for persons
or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors,
subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all
disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with
contractors and subcontractors. The State will not mediate disputes between the Grantee and any other
entity concerning responsibility for performance of work.
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
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17. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts
(including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by
the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has
been reimbursed by the State under this Agreement.
18. INDEPENDENT ACTOR: The Grantee, and its agents and employees, if any, in the performance of this
Agreement, shall act in an independent capacity and not as officers, employees or agents of the State Water
Board.
19. INSPECTION: The State Water Board, the Bureau of State Audits, or.any authorized representative of the
foregoing, shall have suitable access to the Project site at all reasonable times during Project implementation
and thereafter for the life of the Project to ascertain compliance with this Agreement and its goals. The
Grantee acknowledges that the Project records and location are public records.
20. INSURANCE: Throughout the life of the Project, the Grantee shall provide and maintain insurance against
fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to
this Agreement, if any. This insurance shall be issued by a company or companies admitted to transact
business in the State of California. The insurance policy shall contain an endorsement specifying that the
policy will not be cancelled or reduced in coverage without thirty (30) days prior written notice to the State
Water Board. In the event of any damage to or destruction of the Project or any larger system of which it is a
part, the net proceeds of insurance shall be applied to the reconstruction, repair or replacement of the
damaged or destroyed parts of the Project or its larger system. The Grantee shall begin such reconstruction,
repair, or replacement as expeditiously as possible and shall pay out of such net proceeds all costs and
expenses in connection with such reconstruction, repair or replacement so that the same shall be completed
and the larger system shall be free of all claims and liens.
21. NONDISCRIMINATION:
a. During the performance of this Agreement, the Grantee and its consultants and contractors shall not
unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation,
physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over
40), marital status, and denial of family care leave.
b. The Grantee, its consultants, and contractors shall insure that the evaluation and treatment of their
employees and applicants for employment are free from such discrimination and harassment.
C. The Grantee, its consultants, and contractors shall comply with the provisions of the Fair Employment
and Housing Act (Gov. Code, § 12990 (a -f) et seq.) and the applicable regulations promulgated
thereunder (Cal. Code Regs., tit. 2, § 7285 at seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code section 12990 (a -f), set forth
in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this
Agreement by reference and made a part hereof as if set forth in full.
d. The Grantee, its consultants, and contractors shall give written notice of their obligations under this
clause to labor organizations with which they have a collective bargaining or other Agreement, if any.
e. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement. Failure by the Grantee to carry out these
requirements and applicable requirements of 40 C.F.R. part 33 is a breach of a material provision of
this Agreement which may result in its termination.
22. NO THIRD PARTY RIGHTS: The parties to this grant Agreement do not create rights in, or grant remedies
to, any third party as a beneficiary of this grant Agreement, or of any duty, covenant, obligation or undertaking
established herein.
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23. NOTICE:
a. The Grantee shall notify the State Water Board prior to conducting construction, monitoring,
demonstration, or other implementation activities such that State Water Board and /or Regional Water
Board staff may observe and document such activities.
b. The Grantee shall promptly notify the State Water Board of events or proposed changes that could
affect the scope, budget, or work performed under this Agreement. The Grantee agrees that no
substantial change in the scope of the Project will be undertaken until written notice of the proposed
change has been provided to the State Water Board, and the State Water Board has given written
approval for such change.
C. Discovery of any potential archeological or historical resource. Should a potential archeological or
historical resource be discovered during implementation of the Project, the Grantee agrees that all
work in the area of the find will cease until a qualified archeologist has evaluated the situation and
made recommendations regarding preservation of the resource, and the Division has determined
what actions should be taken to protect and preserve the resource. The Grantee agrees to
implement appropriate actions as directed by the Division.
d. Discovery of any unexpected endangered or threatened species, as defined in the federal or
California Endangered Species Acts. Should a federal or state protected species be unexpectedly
encountered during implementation of the Project, the Grantee agrees to promptly notify the Division.
This notification is in addition to the Grantee's obligations under the federal or state Endangered
Species Acts.
e. The Grantee shall notify the State Water Board at least ten (10) working days prior to any public or
media event publicizing the accomplishments and /or results of this Agreement and provide the
opportunity for attendance and participation by State Water Board's representatives.
f. The Grantee shall promptly notify the State Water Board in writing of completion of work on the
Project.
g. The Grantee shall promptly notify the State Water Board in writing of any cessation of all major
construction work on the Project where such cessation of work is expected to or does extend for a
period of thirty (30) days or more and of any circumstance, combination of circumstances, or
condition, which is expected to or does delay completion of construction for a period of ninety (90)
days or more beyond the estimated date of completion of construction previously provided.
24. OPERATIONS & MAINTENANCE: The Grantee shall maintain and operate the facility and structures
constructed or improved as part of the Project throughout the life of the Project, consistent with the purposes
for which this Grant was made. The Grantee assumes all operations and maintenance costs of the facilities
and structures; the State Water Board shall not be liable for any cost of such maintenance, management or
operation. The Grantee may be excused from operations and maintenance only upon the written approval of
the Grant Manager. For purposes of this Agreement, "operation costs" include direct costs incurred for
material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs"
include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets
and basic structures,-and the expenditure of funds necessary to replace or reconstruct capital assets or basic
structures.
25. PERMITS, CONTRACTING, AND DEBARMENT: The Grantee 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 contractors, outside
associates, or consultants required by the Grantee 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, if any, or as are specifically authorized by the State Water Board's Grant Manager during the
performance of this Agreement. Any substitutions in, or additions to, such contractors, associates, or
consultants, shall be subject to the prior written approval of the State Water Board's Grant Manager. The
Grantee shall not contract with any party who is debarred or suspended or otherwise excluded from or
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 19 of 22
ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and
Suspension." The Grantee shall not contract with any individual or organization on USEPA's List of Violating
Facilities. (40 CFR, Part 31.35; Gov. Code, § 4477) www.epls.gov. The Grantee certifies to the best of its
knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any federal department or Grantee;
b. Have not within a three (3) -year period preceding this Agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal,
state or local) with commission of any of the offenses enumerated in paragraph (b) of this certification;
and,
d. Have not within a three (3) -year period preceding this application /proposal had one or more public
transactions (federal, state or local) terminated for cause or default.
26. PREVAILING WAGES AND LABOR COMPLIANCE: If applicable, the Grantee agrees to be bound by all the
provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to
reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are
being met. The Grantee certifies that it has a Labor Compliance Program (LCP) in place or has contracted
with a third party that has been approved by the Director of the Department of Industrial Relations (DIR) to
operate an LCP pursuant to Labor Code, section 1771.5 and section 16423 of title 8 of the California Code of
Regulations. Current DIR requirements may be found at http: / /www.dir.ca.gov /lcp.asp.
27. PROFESSIONALS: The Grantee agrees that only licensed professionals will be used to perform services
under this Agreement where such services are called for. All technical reports required pursuant to this
Agreement that involve planning, investigation, evaluation, or design, or other work requiring interpretation
and proper application of engineering or geologic sciences, shall be prepared by or under the direction of
persons registered to practice in California pursuant to Business and Professions Code, sections 6735, 7835,
and 7835.1. To demonstrate compliance with California Code of Regulations, title 16, sections 415 and 3065,
all technical reports must contain a statement of the qualifications of the responsible registered
professional(s). As required by these laws, completed technical reports must bear the signature(s) and
seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the
professional responsible for the work.
28. RECORDS: Without limitation of the requirement to maintain Project accounts in accordance with generally
accepted accounting principles, the Grantee agrees to:
a. Establish an official file for the Project which shall adequately document all significant actions relative to
the Project;
b. Establish separate accounts which will adequately and accurately depict all amounts received and
expended on this Project, including all grant funds received under this Agreement;
c. Establish separate accounts which will adequately depict all income received which is attributable to the
Project, especially including any income attributable to grant funds disbursed under this Agreement;
d. Establish an accounting system which will adequately depict final total costs of the Project, including both
direct and indirect costs;
e. Establish such accounts and maintain such records as may be necessary for the state to fulfill federal
reporting requirements, including any and all reporting requirements under federal tax statutes or
regulations; and,
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 20 of 22
f. If a Force Account is used by the Grantee for any phase of the Project, establish an account that
documents all employee hours, and associated tasks charged to the Project per employee.
29. RELATED LITIGATION: Under no circumstances may a Grantee use funds from any disbursement under
this Grant Agreement to pay costs associated with any litigation the Grantee pursues against the State Water
Board or any Regional Water Board. Regardless of the outcome of any such litigation, and notwithstanding
any conflicting language in this Agreement, the Grantee agrees to complete the Project funded by this
Agreement or to repay all of the grant funds plus interest.
30. RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports, computer
programs, operating manuals, audio and video recordings, notes, and other written or graphic work produced
in the performance of this Agreement shall be in the public domain. The Grantee may disclose, disseminate
and use in whole or in part, any final form data and information received, collected, and developed under this
Agreement, subject to appropriate acknowledgement of credit to the State Water Board for financial support.
The Grantee shall not utilize the materials for any profit- makinb venture or sell or grant rights to a third party
who intends to do so.
31. STATE REVIEWS AND INDEMNIFICATION: The parties agree that review or approval of Project
applications, documents, permits, plans and specifications or other Project information by the State Water
Board is for administrative purposes only and does not relieve the Grantee of its responsibility to properly
plan, design, construct, operate, maintain, implement, or otherwise carry out the Project. To the extent
permitted by law, the Grantee agrees to indemnify, defend and hold harmless the State Water Board and the
State against any loss or liability arising out of any claim or action brought against the State Water Board
and /or the State from and against any and all losses, claims, damages, liabilities or expenses, of every
conceivable kind, character and nature whatsoever arising out of, resulting from, or in any way connected with
(1) the Project or the conditions, occupancy, use, possession, conduct or management of, work done in or
about, or the planning, design, acquisition, installation or construction, of the Project or any part thereof; (2)
the carrying out of any of the transactions contemplated by this Agreement or any related document; (3,) any
violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the
Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource
Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water
Pollution Control Act, the Clean Air Act, the California Hazardous Waste Control Law and California Water
Code, section 13304, and any successors to said laws), rule or regulation or the release of any toxic
substance on or near the System; or, (4) any untrue statement or alleged untrue statement of any material
fact or omission or alleged omission to state a material fact necessary to make the statements required to be
stated therein, in light of the circumstances under which they were made, not misleading with respect to any
information provided by the Grantee for use in any disclosure document utilized in connection with any of the
transactions contemplated by this Agreement. To the fullest extent permitted by law, the Grantee agrees to
pay and discharge any judgment or award entered or made against the State Water Board and /or the State
with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The
provisions of this section shall survive the term of this Agreement.
32. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant Funds shall not be used for supplemental
environmental projects required by Regional Water Boards.
33. STATE WATER BOARD ACTION, COSTS, AND ATTORNEY FEES: The Grantee agrees that any remedy
provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy
available to the State Water Board as a result of breach of this Agreement by the Grantee, whether such
breach occurs before or after completion of the Project, and exercise of any remedy provided by this
Agreement by the State Water Board shall not preclude the State Water Board from pursuing any legal
remedy or right which would otherwise be available. In the event of litigation between the parties hereto
arising from this Agreement, it is agreed that each party shall bear its own filing costs and attorney fees.
34. TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Grant Agreement may be terminated by written
notice at any time prior to completion of the Project, at the option of the State Water Board, upon violation by
the Grantee of any material provision 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 Agreement within a
reasonable time as established by the State Water Board. In the event of termination, the Grantee agrees,
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 21 of 22
upon demand, to immediately repay to the State Water Board 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 /from the
Grantee to the date of full repayment by the Grantee.
35. TIMELINESS: Time is of the essence in this Agreement. The Grantee shall proceed with and complete the
Project in an expeditious manner.
36. TRAVEL AND PER DIEM: Any reimbursement for necessary travel shall be at rates not to exceed those set
by the Department of Personnel Administration. These rates may be found at.http: / /www.dpa.ca.gov/
personnel - policies /travel /hr- staff.htm. Reimbursement will be at the State travel and per diem amounts that
are current as of the date costs are incurred by the Grantee. No travel outside the State of California shall be
reimbursed unless prior written authorization is obtained from the Grant Manager.
37. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held
to be unenforceable, then the parties agree that all other provisions of this Agreement shall continue to have
full force and effect and shall not be affected thereby.
38. USEFUL LIFE OF PROJECT: For the purpose of this Agreement, the useful life of any constructed portions
of this Project begins upon completion of construction and continues until fifty (50) years thereafter for
pipelines and structures and twenty (20) years for all else.
39. VENUE: The State Water Board and the Grantee hereby agree that any action arising out of this Agreement
shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the
United States District Court in and for the Eastern District of California. The Grantee hereby waives any
existing sovereign immunity for the purposes of this Agreement.
40. WAIVER AND RIGHTS OF THE STATE WATER BOARD: 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.
41. WATERSHED MANAGEMENT PLAN CONSISTENCY: Grantee certifies that any watershed protection
activity undertaken as part of this Project will be consistent with the applicable, adopted, local watershed
management plans and the applicable Water Quality Control Plan (Basin Plan) adopted by a Regional Water
Board, where such plans exist.
42. WITHHOLDING OF GRANT DISBURSEMENTS: The State Water Board may withhold all or any portion of
the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or
threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the
Grantee fails to maintain reasonable progress toward completion of the Project.
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 22 of 22
EXHIBIT D
SPECIAL CONDITIONS
PROPOSITION 84 ASBS GRANT PROGRAM
1. The Grantee certifies that it is one of the following: a city, county, city and county, district.
2. This Grantee hereby warrants and represents that this Project is capable of contributing to sustained,
long -term water quality or environmental restoration or protection benefits for a period of twenty (20)
years.
3. The Grantee certifies that this Project is intended to address the causes of degradation, rather than
symptoms.
4. This Project is consistent with water quality and resource protection plans prepared, implemented, or
adopted by the State Water Board, the applicable Regional Water Board, and the State Coastal
Conservancy.
5. Notwithstanding Exhibit A, the Grantee shall submit a monitoring and reporting plan that will do all of the
following:
a. Identify the nonpoint source or sources of pollution to be prevented or reduced by Project;
b. Describe the baseline water quality or quality of the environment to be addressed;
c. Describe the manner that Project will prevent or reduce pollution and demonstrate desired
environmental results;
d. Describe the monitoring program, including, but not limited to, the methodology, and the
frequency and duration of monitoring; and,
6. Notwithstanding Exhibit A, upon completion of the Project, the Grantee shall submit a report to the State
Water Board that summarizes the completed activities and indicates whether the purposes of the Project
have been met. The report shall include information collected by the recipient in accordance with the
Project monitoring and reporting plan, including a determination of the effectiveness of the Project in
preventing or reducing pollution, and the results of the monitoring program.
7. The Grantee certifies that if a recovery plan for coho salmon, steelhead trout, or other threatened or
endangered aquatic species exists, this Project is consistent with such a plan and, if feasible, implements
actions in such a plan.
8. The Grantee certifies that any real property or interests In real property acquired for this Project shall be
acquired from a willing seller.
9. As part of this Project, the Grantee shall include a monitoring component. The results of this monitoring
component shall be submitted as set forth in Exhibit A, paragraphs A.2.2 & A.2.3 of this Agreement.
10. The Grantee certifies that it is providing a match amount of at least 20 %. Eligible expenses incurred after
November 7, 2006, and prior to the Project completion date, may be applied to the cost match.
11. The Grantee certifies that it has obtained or will obtain all necessary approvals, entitlements, and permits
required to implement the Project. Failure to obtain any necessary approval, entitlement, or permit shall
constitute a breach of a material provision of this Agreement.
e_ ti
State W.,I t I' I Resources Control in iU ;,I ' Il
Linda S. Adams Division of Financial Assistance
Acting Secretoryfor 1001 1 Street, Sacramento, California 95814
Environmental Protection P.O. Box 944212, Sacramento, California 94244 -2120
(916) 341 -5700 o FAX (916) 341 -5707 o htip: /Iwaterboards.ca.gov
May 13, 2011
Mr. Robert Stein, Project Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
Dear Mr. Stein,
GRANT AGREEMENT 10- 414 -550
(a'
Edmund C. Brown Jr.
Governor
Congratulations! Your Agreement has been fully executed and an original copy is
enclosed. If you have any questions, please contact Melissa Miller directly by phone at
(916) 993 -3872 or by e -mail at MMiller @waterboards.ca.gov.
Sincerely,
Sheba Toledo
Enclosure
cc: Ruben Mora, Grant Manager
Robert Stein, Grant Contact
Melissa Miller, Program Analyst
California Environmental Protection Agency
g3 Recycled Paper