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HomeMy WebLinkAboutSTATE WATER RESOURCES CONTROL BOARD (SWRCB) - 2001-05-21 STATE dF CALFORNIA 1- STANDARD AGREEMENT AMENDNYZhT � STD.213 A{Rev 901) ® CHECK HERE IFADDITIO\AL PACES ARE ATTACHED 7 Pagcy AGREEhIENT NUMBER AMENDMENT NUMBER OO�1fi9�2�0�0 1 1. This Agreement is entered into between the State Agency and Contractor named below: STATE A_dNCYS NAME State Water Resources Control Board CONTRACTOKSNAME City of Huntington Beach 2. The term of this Agreement is _ April 1,2001 through June 30,2004 _ 3. The maximum amount of this $4,000,000.00 Agreement after this amendment is: Pour million dollars and 00/100 4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein: Standard Agreement No.00-169-250-0 originally entered Into on April 1,2001 Is hereby amended on June 11,2003 in the following particulars and no others: 1.Std 213 "Term of Agreement" is amended by deleting reference to June 30,2003 therefrom and inserting June 30,2004 (a one-year time extension). 2. Exhibit A,Scope or Work is amended as attached(7 pages). (Chanties are shown In strikeout and bold/underline). Crl Cr 4 QC";. cr CD rn-,;-I� All other terms and conditions shall remain the same. IN WITNESS WHEREOF.this Agreement has been executed by the parties hereto. CALIFORMA CONTRACTOR Department ofGener I SerAces CONTR4CTOR'S NAME(ll other than an IndrWdual.state wheltwe corporation,partrlersh,p etc) Use OdY Cit►•or Huntington Beach BY(ALI WZod Signature) DATE SIGNED(Do not type) PRINTED WdAE AND TITLE OF PERSON SIGNING Ray Silver,City Administrator PPRO D AS TO FOB' ADDRESS . , =ER MCGRATH 2000 Main Street T IbRMsY lluntin"ton Beach CA 92648 STATE OF CALIFORNIA AGENCY NAME State«' ter Reso ces Control Board BY(A Signet DATE rJ(;A ED(go not type)) y o3 PR1N7t3 NAME ANt TITLE OF PERSON SIGNING t ® Exempt per.SCM 4.10 Bill Brown,Chief,Division of Administrative Services ADDRESS 1001 1 Street Sacramento,CA 95814 EXH=BIT A—SCOPE OF WORK SWRCB Ho.: 00-169-250-01 City of Huntington Beach 1. PROJECT OFFICIALS The State Water Resources Control Board's(SWRCB)Contract Manager shall be BG TvAettMark_Magtoto. The Contract Manager shall be the day-today representative for administration of this agreement,and except as otherwise specifcally provided, shall have full authority to act on behalf of the SWRCB with respect to this agreement. The SWRCS's Executive Director or designee may also perform any and all acts,which could be performed by the Contract Manager under this agreement. Except as otherwise expressly provided,all communications relative to this agreement shall be given to the Contract Manager. The Contractor's(City's)Project Director shall be David Webb,City Engineer,City of Huntington Beach,Public Works Department. The Project Director shall be the Contractor's representative for the administration of the agreement and shall have full authority to act on behalf of the Contractor. The City's Director of Public Works or designee may also perform any and all acts,which could be performed by the Project Director under this agreement. All communications given to the Project Director shall be as binding as if given to the Contractor. The parties may change their Contract Manager or Project Director upon providing ten (10)days written notice to the other party. 2. WORK TO BE PERFORMED A. Background Assembly Bill,AB 411,among other things raised the minimum protective bacteriological standards for water adjacent to public beaches and public water-contact sports areas. This has resulted in a greater number of pub'ic beach postings or closures. In the City of Huntington Beach(City),sections of both the City and State beaches were posted or closed throughout the summer of 1999 and on several days during the summer of 2000. Contamination of these coastal resources has serious consequences to the City's and surrounding regional environment and ecorcmy. Unhealthy water conditions diminish the quality of life for the City's residents and tourists. The Impact on tourism effects the economic well being of small businesses,which depend on this tourism. There is clearly a need to identify the source or sources of this contamination and to put In place remediation measures. To that end,various studies have been prepared. One study entitled,`Huntington Beach Water Quality Investigation Phase II;An Analysis of Ocean Surf Zone,Watershed, Sediment and Groundwater Data Collected from June 1998 through September 2000", has been prepared for the cities of Huntington Beach, Fountain Valley,Costa Mesa,Santa Ana, Newport Beach,the County of Orange(Health Agency and Harbors, Beaches and Parks),the Orange County Sanitation District (OCSD)and the National Water Research Institute. Preparation of the study was by a conglomerate of the University of California Irvine, Moffatt& Nichol Engineers, URS,Applied Ocean Science,and KOMEX H2O Science. This study evaluated the possible causes of the beach closures,including urban runoff,contamination from sewers,and natural sources from the Talbert Marsh. A technical review entitled"Huntington Beach Closure Investigation:Technical Review" was prepared by the University of Southern California Sea Grant at the request of the OCSD. This document analyzed the beach closures.evaluates the response by the Agencies involved and offers commentary on future measures. An additional study entitled,"Geophysical, Hydrogeologic and Sediment Investigation as Part of the Urban Runoff/Coastal Remediation Action Plan"was prepared for the City of 1 s EXHIBITA--SCOPE OF WOYK SINRCB No.: 00-169-250-01 City of Huntington Beach Huntington Beach by Komex H2O Science, Inc. The study more particularly analyzed subsurface activities and near surface sediment. In addition to these studies, plans for more immediate remediation measures were put in place,which resulted in fewer beach closures in 199912000. These took the form of a cooperative pilot program to divert low flow,summer storm water runoff for treatment at the OCSD wastewater treatment facility. As a result of these remediation efforts,as well as the studies, the City has identified the following scope and objectives to reduce the likelihood of future,ocean and urban stream contamination: B. Scope and Objectives The purpose of this Proposition 13 project is to address coastal nonpoint source pollution In the City of Huntington Beach. Funding has been appropriated for this project in accordance with the Costa-Machado Water Act of 2000. The City will undertake various projects to improve the quality of urban runoff. The Objectives are: (1) Construct Low Flow Urban Runoff Diversions to Sanita Sewer See Task 4.1 The above referenced studies suggest that urban runoff is among one Iikely cause of the contamination of the ocean. It also identifies diversion of low flow urban runoff info the sanitary sewer as a prudent mitigation measure. The following items will be implemented to effectively incorporate this measure. a. The City will convert nine storm drain diversions from a temporary configuration to a permarent configuration. The locations of the diversions occur at the Atlanta,Adams,Newland, Meredith, Hamilton. Indianapolis, Banning,Ycrktown,and Flounder pump stations. In response to the beach closures,the City crews installed interim diversion pumps and piping to divert low flows to the sewers. In several cases,this consisted of pipes running over drive aisles, sidewalks and in gutters, in order to deliver the runoff to the nearest sanitary sewer. Parts or nit of some of these diversions need to be reconstructed in a permanent,underground manner to ensure they properly function, avoid damage and do not represent a safety hazard. b. The City will replace eleven existing corroded flap gates,which typically prevent water from the storm drain channels from flowing back into the pump station. The flap gates are located at the outlet structure of four of the nine aforementioned pump stations. These eleven aged flap gates no longer have the ability to seal properly which is allowing tidal water from the flood control channel to flow back Into the pump station. Currently pump stations,with adequate sealing flap gates,are pumping approximately 20 gallons per minute of low flow runoff. Those pump stations with,inadequate flap gates,on average are pumping closer to 350 gallons per minute due to seepage at the flap gates. This additional flow Is a large unnecessary quantity of tidal flow being diverted and thereby in the strain on the City's diversion pumps,sewers and lift station systems as well as increasing any associated fees assessed by the Sanitation District for treatment of the diverted waters. C. The City will construct five additional diversion systems at pump stations located in the northern portion of the City that are not currently 2 EXHIBIT A--SCOPE OF WOWK • SWRCB No.: 00-169-250-01 City of Huntington Beach diverting low summer flows to the sewer, in order to further reduce the amount of debris and other pollutants which would otherwise reach the ocean and coastal waters (2) Prepare a City wide Drainage and Water Quality Master Plan QMP)(See Task 4.2). The above mentioned studies concentrated on a specific area of the City,primarily the southeast comer near the mouth of the Santa Ana River and the Talbert Channel. This area is only a portion of the City impacted by urban runoff. To that end,the City will prepare a City wide Drainage and Water Quality Master Plan to identify and address"city-wide"urban runoff impacts to the City. Such a plan would identify and document drainage courses,land uses,stone water inlets and outlets, review water quality characteristics,and develop Best Management Practices(BMP's)that should be incorporated throughout the City's drainage system. Examp'es of such BMP's might be scheduled sweeping programs,site inspection of BMP structures on private and public property on a designated schedi'e, installation of in-line clarifiers,trash/debris screens,maintainable vegetative filter areas/basins,education programs,etc. The plan may also include,where necessary,modification of the City's General Plan and Zoning documents,preparation of a city-wide Environmental document and development and adoption of regulatory ordinances,fees and fines. (3) Install In-Line Storm Drain Runoff Treatment Structures See Task 4.3). The Downtown area of the City has 12 major storm drain outlets,ranging in size from 12"to 90"in diameter,that convey urban runoff under Pacific Coast Highway and outlet directly onto the beach,carrying with it debris and pollutants from these areas. Due to their location,addressing the water quality of t .ese outlets is a high priority of the City. To prevent pollutants from contaminating the coastal waters, In-line structures commonly referred to as gross pollutant separators will be installed to remove trash/debris,oils, solvents and other particulate matter from the urban runoff. (4) Maintain and Clean Storm Drainage Structures(See Task 4.4). The City will improve overall water quality from the surface drainage system through the removal of trash and debris from new gross pollutant separators, storm drain pipes,catch basins and channels.The City currently has a limited amount of typical equipment at its disposal, including dump trucks,sweepers and backhoes, but often must contract or rent specialized equipment. As a result,channels are not cleaned as often as we would desire. Therefore,a "Bobcat"loader will be purchased to maintain the City's storm drain channels as yell as a Nactor"truck to remove trash and debris from the aforementioned gross pollutant separator devices,catch basins,and other drainage devices. C. Work to be Performed The Contractor(s)shall be responsible for performance of the work and conducting any additional studies needed and as set forth herein below. They shall be responsible for the preparation of products and a final report as specified.The Project Director shall promptly notify the Contract Manager of events or proposed changes,which could affect the scope, budget,or schedule of the work performed under this agreement. Task 1. Project Management and Administration 1.1 Provide all technical and administrative services as needed for contract completion; monitor, supervise and review all work performed;and coordinate 3 s EXHIBIT A—SCOPE OF WORK SWRCB No.: 00-169-250-01 City of Huntington Beach budgeting and scheduling to assure that the contract is completed within budget, on schedule,and in accordance with approved procedures,applicable laws and regulaticns. 1.2 Ensure that the contract requirements are met through completion of quarterly status reports submitted to the Contract Manager and through regular communications with the Contract Manager. The progress reports shall describe activities undertaken and accomplishments of each task during the quarter by location,or task phase,milestones achieved,and any problems encountered in the performance of the work under this contract. The description of activities and accomplishments of each task during the preceding quarter sha!I be in sufficient detail to provide a basis for payment of invoices and shall be translated into percent of task completed for the purpose of calculating invoice amounts. 1.3 Include the following disclosure statement in any document,written report,or brochure prepared in whole and In part pursuant to this contract. 'Funding for this project has been provided in full or in part through a contract with the State Water Resources Control Board (SWRCB)pursuant to the Costa-Machado Water Act of 2000(Proposition 13)and any amendments thereto for the implementation of California's Nonpoint Source Pollution Control Program. The contents of this document do not necessarily reflect vidws and policies of the SWRCB,nor does mention of trade names or commercial products constitute endorsement or recommendation for use.* The Contractor shall Include in each of its subcontracts for work under this contract a provision,which incorporates the requirements stated within this subtask. 1 A The Contractor and any of its subcontractors shall make every effort to notify the Contract Manager prior to any public cr media event publicizing the accomplishments and/or results of this contract and provide the opportunity for attendance and participation by SWRCB representatives. 1.5 Complete a one-page contract summary form within three months of the contract execution. 1.6 Award subcontract(s)to appropriate organization(s)to perform tasks as outlined In this agreement. Document steps taken in soliciting and awarding the subcontract(s)and submit copies to the Contract Manager for review and approval. Document all subcontractor activities in regular reports. 1.7 Insure all permits,required for project work,are secured by the appropriate parties. 1.8 At the completion of this project and prior to final payment,the Project Director shall fill out and provide a project survey form to the Contract Manager. Task Product(s) Progress Reports,One Page Summary,Subcontractor Documentation,and Project Survey Form Task 2. California Environmental Quality Act(CEQA) Documentation Obtain CEQA approval. No construction shall proceed under this contract until receipt by the Contract Manger of approved CEQA documents,I.e.categorically exempt,negative declaration,mitigated negative declaration,or Environmental Impact Report. Task Product(s): CEQA Documents. 4 EXHIBIT A—SCOPE OF WOYK SWRCB No., 00 69-250-01 City of Huntington Beach Task 3. Quality Assurance Plan Prepare and maintain a Quality Assurance Flan(QAP)in accordance with the EPA QAP Plans for Environmental Data Operations, EPA/QAIR-5,August 1994. The QAP shall be reviewed and approved by the Contract Manager. Task Product(s): Approved CIA Plan Task 4. Project Implementation Construction documents shall be prepared to allow for construction efforts for this multi faceted project. Contractor may cause the work to be done through consultants(s)for preparation of plans and/or specifications for Tasks 4.1.4.3 and 4.4 and studies for Task 4.2. 4.1 Low Flow Urban Runoff Diversion to Sanitary Sewer 4.1.a Convert existing temporary Civersion system to permanent system at the Atlanta,Adams,Newland, Meredith, Hamilton, Indianapolis, Banning, Yorktown,and Flounder pump stations. The diversion system will generally consist of a pump and underground piping. 4.1.b Replace(2)36"and(3)54"f.ap gates at Atlanta Pump Station. Replace(1)36"and(2)48"fap gates at the Banning Pump Station. Replace(3)48"flap gates at the Newland Pump Station. 4.1.c Construct diversion system at the Slater,Bolsa Chica,Scenario. Heil,and Marilyn pump stations. The diversion system will generally consist of a pump and underground piping system. Task Product(s): Copy of invoices resulting from construction of this task. 4.2 City-wide Drainage and Water Quality Master Plan The Contractor shall prepare a City wide Drainage and Water Quality Master Plan to identify and address"city-wide"urban runoff impacts to the City.The plan may also include,where necessary.modification of the City's General Plan and Zoning documents,preparation of a city-wide Environmental document and development and adoption of regulatory ordinances,fees and fines_ 4.2.a Purchase ortho,aerial photographs in digital format to Include one-foot contours. 4.2.b Obtain in digital format from field survey,storm drain infrastructure such as pipes,manholes, inlets,cutlets,and other drainage courses and input Into City's GIS and overlay onto aerial photographs to be used as a`base sheet"for studies. 4.2.c Perform detail hydrology and hydraulic calculations to determine storm flow quantities and necessary drainage facilities required to meet flood protection standards as well as estimate construction costs. 4.2.d Review land uses and determine appropriate locations for random water quality testing. 5 EXHIBIT A—SCOPE OF WOK ' SWRCB No.: 00.169-250-01 City of Huntington Beach 4.2.e Perform 10 to 15 random water quality tests to determine constituents in low flows and review which best management practices(BMP)would best fit different area land uses. 4.2.1' Based upon water quality test,drainage patterns and quantities,as well as land use,determine water quality management goal and objectives, City and watershed BMP's and finally a City wide Water Quality Management Plan on how to address these. 4.2.g Obtain public and elected official input and process final documents through public hearing and adoption by the City Council. Task Product(s): Copy of the Drainage and Wafer Duality Master Plan.copy of City Council Acticn,Notice of Public Hearings,Public Hearings Agenda. 4.3 In-Line Storm Drain Runoff Treatmert Structures The Downtown area of the City has 12 major storm drain outlets, ranging in size from 12"to 90"in diameter,that convey urban runoff under Pacific Coast Highway and outlet directly onto the beach,carrying with it debris and pollutants from these areas. Due to their location,addressing the water quality of these outlets is a high priority of the City. To prevent pollutants from contaminating the coastal waters, In-line structures commonly referred to as gross pollutant separators will be installed to remove trash/debris,oils,solvents and other particulate matter from the urban runoff. 4.3.a Review and select appropriate gross pollutant separator units. 4.3.b Install a maximum of 12 gross pollutant separator units and incorporate minimum necessary improvements to facilitate optional diversion system. 4.3.c Upon completion of construction,conduct and review several random water quality tests and document debris removal amounts and determine effectiveness of device. Task Product(s): Copy of invoices resulting from design/construction of this task. 4.4 Maintain and Clean Storm Drainage Structures The City will improve overall water quality from the surface drainage system through the removal of trash and debris from new gross pollutant separators, storm drain pipes,catch basins and channels.The City currently has a limited amount of typical equipment at its disposal, including dump trucks,sweepers and backhoes,but often must contract or rent specialized equipment. As a result, channels are not cleaned as often as we would desire. 4.4.a Purchase'Bobcat"loader to clean the City's storm drain channels. 4.4.b Purchase"Vactor"truck to vacuum trash and debris from the gross pollutant separators,catch basins,and pump station forebays. 4.4.c Remove trash and debris frorr.the forebay of eleven pump stations and entry pipes. 4.4.d Document amount of material removed from storm drains, pump stations and gross pollutant separators. 6 EXHIBIT A—SCOPE OF WORK ' SWRCB No.: 40-169 25Q-01 City of Huntington Beach Task Product(s): Invoices for purchased equipment. Log of debris removed. Task 5. Draft and Final Report 5.1 Prepare a Draft Project Report,which summarizes project accomplishments and submit to Contract Manager for review and comment. 5.2 Prepare Final report that addresses comments from'the Contract Manager. Task Product(s): Draft and Final Report Schedule of Completion Dates(Based on April 1,2001 Contract) Task Product Completion Date 1. Project Management and Administration Quarterly Reports July 1,2001 and quarterly thereafter 2. CEQA Documentation Ongoing through September-, 2002December 2003 3. Quality Assurance Plan ernber--20&1.A ril 2003 ongoing 4. Project Implementation Ongoing through November 2042December 2003 4.1 Low Flow Urban Runoff Diversion to November;2=February 2003 Sanitary Sewer 4.2 Water Quality Master Plan fiber-20020ecember 2003 4.3 In-Line Storm Drain Runoff Treatment November,40021)ecember 2003 Structures 4.4 Maintain and Clean Storm Drain © oberr-2©04December 2003 Structures S. Draft Report March 1, 2003March 1_2004 Final Report ApW3!},-2133April 30.2004 D. Reports 1. Not later than July 2001 and monthly thereafter,during the life of this agreement,the Project Director shall provide a written progress report to the Contract Manager describing activities undertaken,accomplishment of milestones,and any problems encountered in the performance of the work under this agreement,and delivery of intermediate products, if any. 2. The Project Director shall submit to the Contract Manager for approval all task products related to the work performed in accordance with the schedule of this Exhibit. 3. Not later than Marsh-2=March 1.2004 the Project Director shall submit to the Contract Manager 1 copy of a draft final report describing the work performed pursuant to Section B of this Exhibit for review and comment. 4. Within 4 weeks of receipt of the draft report,the Contract Manager shall submit final comments to the Project Director. 5. Not later than Apr#-28a3-Etta y-fays-p kw4o tho4md-late-of t#�is-cntract)AAri13U,2004, the Project Director shall submit to the Contract Manager for approval one(1) reproducible master and 3 copies of the final report containing the results of the work performed and addressing the comments submitted to the Project Director by the Contract Manager. 6. The report shall not be considered final until accepted and approved by the Contract Manager. 7 v i1�t it-4T- _ilGc.l� f f� !� 7U7Qr1� I / 1 D i 1 a� - i STAIEt_FCALIFORNIA STANDARD AGREEMENT "`���✓✓✓ \r,�/ STP 21'tN1 tit O:Qt1 rRUSILM KLSil3t:R AMLNUMI.tif tit,\IUt:R 00-169-250-0 I. -1 his Agreement is entered into between the State Agency and the Contractor named below �iAILMA%Ct SNAMI. State %%'ater Resources Control Board CL)%IRAC IuR S NAML City of Huntington Beach F2. The term of this � Agreement is: April 1,2001 through June 30,2003 3. The maximum amount S 4,000,000.00 of this Agreement is: Four million dollars and 00'100 4. The parties agree to comply with the terms and conditions of the following exhibits+which are by this reference made a part of the Agreement: Exhibit A-Scope of Work ( 7 Pages) Exhibit B-Budget Detail and Payment Provision ( 2 Pages) * Exhibit C-General Terris and Conditions GTC201 212001 (Number) (Dated) Exhibit D-SWRCB Additional Provisions ( 3 Pages) APPROVED AS TO FORM: GAIL HUTTON,City Attorney sy:Robert I Special Co>ansel *[i+•tv at tvw►t'.d,-s.ca.a /contracts IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CALIFUIi.\IA CONTRACTOR Department of General Services tx0MV LON I-KAL i OR'S NAML Of other than an individual.stare whether a corporation.PMne"'ntp.e1c.1 City of Huntington Beach D „)��I EQ BY(I+.1horaeJStgnature) DATE SIGNED(Do not ope) 1�--- 05-24-01 ` J 1'RIN I LD NAML A. I I I LL Ul-I'LRSUN SIGN INU I JUN 29 2C01 t Ray Silver, City Administrator tJ ADURLSS 1 �_.•-••-.-- --- - 2000 Main Street :;�� �" _•:�' r-�'':��c 11unling-ton Beach,CA 92648 STATE OF CALIFOP-NIA AGENCY NAME State Water Resources Control Board IiY(At ,.n cd Signatur DATE SIGNED(Do not oar) 1'MN LU NAME A. U TITLE OF PERSON SIGNING Bill Brown,Chief,Division of Administrative Services AUUKL.%S 10011 Street, Sacramento,CA 95814 Exempt per EXHIBIT A—SCOPE OF WORK SWRCB No.: 00-169-250-0 City of Huntington Beach 1. PROJECT OFFICIALS The State Water Resources Control Board's(SWRCS)Contract Manager shall be BG Tacker.. The Contract Manager shall be the day-today representative for administration of this agreement, and except as otherwise specifically provided, shall have full authority to act on behalf of the SWRCB with respect to this agreement. The SWRCB's Executive Director or designee may also perform ary and a'l acts,which could be performed by the Contract&tanager under this agreement. Except as otherwise expressly provided, all communications relative to this agreement shall be given to the Contract Manager. The Contractor's(City's) Project Director shall be David Webb, City Engineer, City of Huntington Beach, Public Works Department. The Project Director shall be the Contractor's representative for the administration of the agreement and shall have full authority to act on behalf of the Contractor. The City's Director of Public Works or designee may also perform any and all acts,which could be performed by the Project Director under this agreement. All communications given to the Project Director shall be as binding as if given to the Contractor. The parties may change their Contract Manager or Project Director upon providing ten ('10)days written notice to the other party. 2. WORK TO BE PERFORMED A. Background Assembly Bill,AS 411, among other things raised the minimum protective bacteriological standards for water adjacent to public beaches and public water-contact sports areas. This has resulted in a greater number of put lic beach postings cr closures. In the City of Huntington Beach(City), sections of both the City and State beaches were posted or closed throughout the summer of 1999 and on several days during the summer of 2000. Contamination of these coastal resources has serious consequences to the City's and surrounding regional environment and economy. Unhealthy water conditions diminish the quality of fife for the City's residents and tourists. The impact on tourism effects the economic well being of small businesses,which depend on this tourism. There is clearly a need to identify the source or sources cf this contamination and to put in place remediation measures. To that end, various studies have been prepared. One study entitled,'Huntington Beach Water Quality Investigation Phase 11;An Analysis of Ocean Surf Zone,Watershed, Sediment and Groundwater Data Collected from June 1998 through September 2000", has been prepared for the cities of Huntington Beach, Fountain Valley, Costa Mesa, Santa Ana, Newport Beach, the County of Orange(Health Agency and Harbors, Beaches and Parks),the Orange County Sanitation District (OCSD)and the National Water Research Institute. Preparation of the study was by a conglomerate of the University of California Irvine, Moffatt& Nichol Engineers, URS, Applied Ocean Science, and KOMEX H2O Science. This study evaluated the possible causes of the beach closures, including urban runoff, contamination from sewers, and natural sources from the Talbert Marsh. A technical review entitled"Huntington Beach Closure Investigation:Technical Review' was prepared Icy the University of Southern California Sea Grant at the request of the OCSD. This document analyzed the beach closures,evaluates the response by the Agencies involved and offers commentary on future measures. An additional study entitled, "Geophysical, Hydrogeologic and Sediment Investigation as Part of the Urban Runoff/Coastal Remedia•,ion Action Plan"was prepared for the City of Huntington Beach by Komex H2O Science, Inc. The study more particularly analyzed subsurface activities and near surface sediment. 1 EXHIBIT A—SCOPE OF WORK SWRCB No.: 00-169-250-0 City of Huntington Beach In addition to these studies, plans for more immediate remediation measures were put in place.which resulted in fewer beach closures in 199912000. These took the form of a cooperative pilot program to divert low now, summer storm water runoff for treatment at the OCSO wastewater treatment facility. As a result of these remediation efforts, as well as the studies, the City has identified the following scope and objectives to reduce the likelihood of future,ocean and urban stream contamination: B. Scope and Objectives The purpose of this Proposition 13 project is to address coastal nonpoint source pollution in the City of Huntington Beach. Funding has been appropriated for this project in accordance with the Costa-Machado Water Act of 2000. The City will undertake various projects to improve the quality of urban runoff. The Objectives are: (1) Construct Low Flow Urban Runoff D versions to Sanitaa Sewer See Task 4.1 The above referenced studies suggest that urban runoff is among one likely cause of the contamination of the ocean. It also identifies diversion of low flow urban runoff into the sanitary sewer as a prudent mitigation measure. The following items will be implemented to effectively incorporate this measure. a. The City will convert nine storm drain diversions from a temporary configuration to a permanent configuration. The locations of the diversions occur at the Atlanta,Adams, Newland, Meredith. Hamilton, Indianapolis, Banning, Yorktown, and Flounder pump stations. In response to the beach closures, the City crews installed interim diversion pumps and piping to divert low flows to the sewers. In several cases,this consisted of pipes running over drive aisles, sidewalks and in gutters, in order to deliver the runoff to the nearest sanitary sewer. Parts or all of some of these diversions need to be reconstructed in a permanent, underground manner to ensure they properly function, avoid damage and do not represent a safety hazard. b. The City will replace eleven existing corroded flap gates,which typically prevent water f-cm the storm drain channels from flowing back into the pump station. The flap ga•.es are located at the outlet structure of four of the nine aforementioned pump stations_ These eleven aged nap gates no longer have the ability to seal properly which is allowing tidal water from the flood control channel to flow back into the pump station. Currently pump stations,with adequate seating flap gates, are pumping approximately 20 gallons per minute of low flow runoff. Those pump stations with, inadequate flap gates, on average are pumping closer to 350 gallons per minute due to seepage at the flap gates. This additional flow is a large unnecessary quantity of tidal flow being diverted and thereby increases the strain on the City's diversion pumps,sewers and lift station systems as well as increasing any associated fees assessed by the Sanitation Dis•.rict for treatment of the diverted waters. C. The City will construct five additional diversion systems at pump stations located in the northern portion of the City that are not currently diverting low summer flows to the sewer, in order to further 2 EXHIBIT A—SCOPE OF WORK SWRCS No.: 00-169-250-0 City of Huntington Beach reduce the amount of debris and other pollutants which would otherwise reach the ocean and coastal waters (2) Prepare a City wide Draina a and Water Quality Master Plan QMP)(See Task 4.2 . The above mentioned studies concentrated on a specific area of the City, primarily the southeast comer near the mouth of the Santa Ana River and the Talbert Channel. This area is only a portion of the City impacted by urban runoff. To that end, the City will prepare a City wide Drainage and Water Quality Master Plan to identify and address'city-wide*urban runoff impac#s to the City. Such a plan would identify and document drainage courses, land uses. storm water inlets and outlets, review water quality characteristics, and develop Best Management Practices(BMP's)that should be incorporated throughout the City's drainage system. Examples of such BMP's might be scheduled sweeping programs, site inspection of BIUP structures on private and public property on a designated schedule, installation of in-line clarifiers, trashtdebris screens, maintainable vegetative filter areasibasins. education programs, etc. The plan may also include,where necessary, modification of the City's General Plan and Zoniig documents, preparation of a city-wide Environmental document and development and adoption of regulatory ordinances, fees and fines. (3) Install In-Line Storm Drain_Runoff Treatment,Structures(See Task 4.3). The Downtown area of the City has 12 major storm drain outlets, ranging in size from 12'to 90"in diameter, that convey urban runoff under Pacific Coast Highway and outlet directly onto the beach,carrying with it debris and pollutants from these areas. Due to their location,addressing the water quality of these outlets is a high priority of the City. To prevent pollutants from contaminating the coastal waters, In-line structures commonly referred to as gross pollutant separators will be installed to remove trash/debris, oils, solvents and other particulate matter from the urban runoff. (4) Maintain and Clean Storm Drainage Structures(See Task 4.4 . The City will improve overall water quality from the surface drainage system thrcugh the removal of trash and debris from new gross pollutant separators, storm drain pipes,catch basins and channels.The City currently has a limited amount of typical equipment at its disposal, including dump trucks, sweepers and backhoes, but often must contract or rent specialized equipment As a result,channels are not cleaned as often as we would desire. Therefore, a 'Bobcat"loader will be purchased to maintain the City's storm drain channels as well as a`Vactor'truck to rerrove trash and debris from the aforementioned gross pollutant separator devices, catch basins.and other drainage devices. C. Work to be Performed The Contractor(s)shall be responsible for performance of the work and conducting any additional studies needed and as set forth herein below. They shall be responsible for the preparation of products and a final report as specified. The Project Director shall promptly notify the Contract Manager of events or proposed changes,which could affect the scope,budget,or schedule of the work performed under this agreement. Task 1. Project Management and Administration 1.1 Provide all technical and administrative services as needed for contract completion; monitor, supervise and review all work performed;and coordinate 3 M V EXHIBIT A—SCOPE OF WORK SWRCB No.: 00-169-2S0-0 City of Huntington Beach budgeting and scheduling to assure that the contract is completed within budget. on schedule, and in accordance with approved procedures, applicable laws and regulations. 1.2 Ensure that the contract requirements are met through completion of quarterly status reports submitted to the Contract Manager and through regular communications with the Contract Manager. The progress reports shall describe activities undertaken and accomplishments of each task during the quarter by location, or task phase, milestones achieved, and any problems encountered in the performance of the work under this contract. The description of activities and accomplishments of each task during the preceding quarter shall be in sufficient detail to provide a basis for payment of invoices and shall be translated into percent of task completed for the purpose of calculating invoice amounts. 1.3 Include the following disclosure statement in any document,written report, or brochure prepared in whole and in part pursuant to this contract. `Funding for this project has been provided in full or in part through a contract with the State Water Resources Control Board(SWRCS)pursuant to the Costa-Machado Water Act of 2000(Proposition 13)and any amendments thereto for the implementation of California's Nonpoint Source Pollution Control Program. The contents of this document do not necessarily reflect views and policies of the SWRCB, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." The Contractor shall include in each of its subcontracts for work under this contract a provision,which incorporates the requirements stated within this subtask. 1.4 The Contractor and any of its subcontractors shall make every effort to notify the Contract Manager prior to any public or media event publicizing the accomplishments and/or results of this contract and provide the opportunity for attendance and participation by SV%P.CB representatives. 1.5 Complete a one-page contract summary form within three months of the contract execution. 1.6 Award subcontract(s)to appropriate organization(s)to perform tasks as outlined in this agreement. Document steps taken in soliciting and awarding the subcontract(s)and submit copies to the Contract Manager for review and approval. Document all subcontractor activities in regular reports. 1.7 Insure all permits, required for project work, are secured by the appropriate parties. 1.8 At the completion of this project and prior to final payment, the Project Director shall fill out and provide a project survey form to the Contract Manager, Task Product(s) Progress Reports, One Page Summary.Subcontractor Documentation, and Prcject Survey Form Task 2. Californla Environmental Quality Act(CEQA)Documentation Obtain CEDA approval. No construction shall proceed under this contract until receipt by the Contract Manger of approved CEQA documents, i.e. categorically exempt, negative declaration,mitigated negative declaration,or Environmental Impact Report. Task Product(s): CEQA Documents. 4 EXHIBIT A—SCOPE OF WORK SWRCB No.: 00-169-250-0 City of Huntington Beach Task 3. Quality Assurance Plan Prepare and maintain a Quality Assurance Plan (DAP) in accordance with the EPA QAP Plans for Environmental Data Operations. EPAIQAIR-5,August 1994. The OAP shall be reviewed and approved by the Contract Manager. Task Product(s): Approved QA Plan Task 4. Project Implementation Construction documents shall be prepared to allow for construction efforts for ibis multi faceted project. Contractor may cause the work to be done through consultants(s)for preparation of plans and/or specifications for Tasks 4.1,4.3 and 4.4 and studies for Task 4.2. 4.1 Low Flow Urban Runoff Diversion to Sanitary Sewer 4.1.a Convert existing temporarl diversion system to permanent system at the Atlanta,Adams, Newland, Meredith, Hamilton, Indianapolis, Banning, Yorktown, and Flounder pump stations. The diversion system will generally consist of a pump and underground piping. 4.1.b Replace(2)36'and (3)54'flap gates at AL'anta Pump Station. Replace(1)36'and(2)48'flap gates at the Banning Pump Station. Replace (3)48'flap gates at the Newland Pump Station. 4.1.c Construct diversion system at the Slater, Bolsa Chica, Scenario, Heil, and Marilyn pump stations. The diversion system will generally consist of a pump and underground piping system. Task Product(s): Copy of invoices resulting from construction of this task. 4.2 City-wide Drainage and Water Quality Master Plan The Contractor shall prepare a City wide Drainage and Water Quality Master Plan to identify and address'city-wide'urban runoff impacts to the City. The plan may also include,where necessary,modification of the City's General Plan and Zoning documents, preparation of a city-wide Environmental document and development and adoption of regulatory ordinances. fees and fines. 4.2.a Purchase ortho,aerial photographs in digital format to include one-foot contours. 4.2.b Obtain in digital format from field survey, storm drain infrastructure such as pipes,manholes,inlets,outlets,and other drainage courses and input into City's GIS and overlay onto aerial photographs to be used as a 'base sheet'for studies. 4.2.c Perform detail hydrology and hydraulic calculations to determine storm flow quantities and necessary drainage facilities required to meet flood protection standards as well as estimate construction costs. 4.2-d Review land Uses and determine appropriate locations for random water quality testing. 5 EXHIBIT A—SCOPE OF WORK SWRCS No.: 00-169-250-0 City of Huntington Beach 4.2.e Perform 10 to 15 random water quality tests to determine constituents in low flows and review which best management pracizes ($MP)would best fit different area land uses. 4.2.f Based upon water quality test, drainage patterns and quantities, as well as land use, determine water quality management goal and objectives, City and watershed BMP's and finally a City wide Water Quality Management Plan on how to address these. 4.2.g Obtain public and elected official input and process final documents through public hearing and adoption by the City Council. Task Product(s): Copy of the Drainage and Water Quality Master Plan, copy of City Council Action, Notice of Public Hearings, Public Hearings Agenda. 4.3 In-Line Storm Drain Runoff Treatment Structures The Downtown area of the City has 12 major storm drain outlets, ranging in s;ze from 12'to 90'in diameter,that ccnvey urban runoff under Pacific Coast Highway and outlet directly onto the teach, carrying with it debris and pollutants from these areas. Due to their location, addressing the water quality of these outlets is a high priority of the City. To prevent pollutants from contaminating the coastal waters. In-line structures commonly referred to as gross pollutant separators will be installed to remove trash/debris, oils, solvents and other particulate matter from the urban runoff. 4.3.a Review and select appropriate gross pollutant separator units. 4.3.b Install a maximum of 12 gross pollutant separator units and incorporate minimum necessary improvements to facilitate optional diversion system. 4.3.c Upon completion of construction, conduct and review several random water quality tests and document debris removal amounts and determine effectiveness of device. Task Product(s): Copy of invoices resulting from design/construction of this task. 4.4 Maintain and Clean Storm Drainage Structures The City will improve overall water quality from the surface drainage system through the removal of trash and debris from new gross pollutant separators, storm drain pipes,catch basins and channels. The City currently has a limited amount of typical equipment at its disposal, including dump trucks, sweepers and backhoes, but often must contact or rent specia5zed equipment. As a result,channels are not cleaned as often as we would desire. 4.4.a Purchase'Bobcat'loader to clean the City's storm drain channels. 4.41 Purchase'Vactor"truck to vacuum trash and debris from the gross pollutant separators,catch basins,and pump station forebays. 4.4.c Remove trash and debris from the forebay of eleven pump stations and entry pipes. 4.4.d Document amount of material removed from storm drains, pump stations and gross pollutant separators. 6 EXHIBIT A—SCOPE OF WORK SWRCB No.: 00.159-250-0 City of Huntington Beach Task Product(s): Invoices for purchased equipment. Log of debris removed. Task 5. Draft and Final Report 5.1 Prepare a Draft Project Report,which summarizes project accomplishments and submit to Contract Manager for review and comment. 5.2 Prepare Final report that addresses comments from the Contract Manager. Task Product(s): Draft and Final Report Schedule of Completion Dates(Based on April 1,2001 Contract) Task Product Completion Date 1. Project Management and Administration Quarterly Reports July 1, 2001 and quarterly thereafter 2. CEQA Documentation Ongoing through September, 2002 3. Quality Assurance Plan September, 2001 ongoing 4. Project Implementation Ongoing through November, 2002 4.1 Low Flow Urban Runoff Diversion to Sanita2 Sewer I November, 2001 4.2 Water Quality Master Plan November, 2002 4.3 In-Line Storm Drain Runoff Treatment Structures November,2002 4.4 Maintain aid Clean Storm Drain Structures October,2001 5. Draft Report March 1,2003 Final Report April 30, 2003 D. Reports 1. Not later than July 2001 and monthly thereafter,during the life of this agreement, the Project Director shall provide a written progress report to the Contract Manager describing activities undertaken, accomplishment of milestones, and any problems encountered in the performance of the work under this agreement, and delivery of intermediate prcducts. if any. 2. The Project Director shall submit to the Contract Manager for approval all task products related to the work performed in accordance with the schedule of this Exhibit. 3. Not later than March 2003 the Project Director shall submit to the Contract Manager 1 copy of a draft final report describing the wort;performed pursuant to Section B of this Exhibit for review and comment. 4. Within 4 weeks of receipt of the draft report, tine Contract Manager shall submit final comments to the Project Director. 5. Not later than April 2003 (thirty days prior to Oe end date of this contract), the Project Director shall submit to the Contract Manager for approval one(1)reproducible master and 3 copies of the final report containing the results of the work performed and addressing the comments submitted to the Project Director by the Contract Manager. 6. The report shall not be considered final unt;l accepted and approved by the Contract Manager. 7 ' EXHIBIT B—BUDGE�K PAYMENT PROVISIONS SWRCB NO: 00-169-250-0 CITY OF HUNTINGTON BEACH A. BUDGET Task Product Estimated Cost 1. Project Management and Administration $30.000 2. CEQA Documentation $10,000 3. Quality Assurance Plan $5.000 4. Project Implementation $3.950,000 4.1 Low Flow Urban Runoff Diversion to Sanitary Sewer $1.000.000 4.2 Water Quality Master Plan $ 500,000 4.3 In-Line Storm Drain Runoff Treatment Structures i $2.000.000 4.4 Maintain and Clean Storm Drain Structures $ 450,000 5. Draft and Final Report $5.000 Estimated Total Cost of Program: $4,000,000- Equipment purchased is necessary In order to maintain ongoing services. Equipment will be owned,operated,and maintained by the City of Huntington Beach. B. LIMITATION FOR FUNDING: The total amount of this agreement sha'I not exceed Four Million Dollars ($4,000,000). Limitation of State Liabili :The maximum amount to be encumbered under this agreement for the 2000-01 fiscal year ending June 30,2001 shall not exceed Four Million Dollars ($4,000,000). Funding or Funding Reduction in_Subseguent_Fiscal Years:The State's obligation for performance of this agreement is contingent upon the availability of funds appropriated by the Legislature from which payment for agreement purposes can be made. No legal liability for any payment on the part of the State may arise fz)r performance under this agreement until sufficient funds are made available for the purpose of this agreement. If funding for any fiscal year is reduced or deleted by the Legislature for purposes of this program,the state shall have the option to either cancel this agreement with no liability occurring to the State, or offer an amendment to the Contractor to reflect the reduced amount. C. INVOICING PROCEDURES The Contractor shall be paid quarterly in arrears, upon submission of an original and two copies of the invoice that property details all charges,expenses,direct and indirect costs. Invoices shall be submitted to: Pam Nichols, program Analyst State Water Resources Contrcl Board. DWQ 10011 Street, 15"Floor Sacramento,CA 95814 1. The original and one (1) approved copy of the invoice or payment request will be forwarded to the SWRCB's Accounting Operations Section by the Program Analyst. 1 EXHIBIT B—BUDGET& PAYMENT PROVISIONS SWRCB NO: 00-169-250-0 CITY OF HUNTINGTON BEACH Contractors who are certified as small businesses or recognized as non-profit organizations by the Office of Small Business Certification and Resources will be paid in accordance with California Govemmert Code, Title 1. Section 526.15. Invoices for all other contractors shall be paid within 45 calendar days. In either situation, payment of any invoice will be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice or payment request. Failure to use the address exactly as provided above may result in return of the invoice or payment request to the Contractor. Payment shall be deemed complete upon deposit of the payment, properly addressed, pos'age prepaid, in the United States mail. The Contract Manager must approve all invoices. 2. The invoice shall contain the following information., a) The wcrd"INVOICE"should appear in a prominent location at the top of the page(s); b) An invoice number. If your accouribig system does not use prenumbered invoices, it is acceptable to number the project invoices sequentially beginning with number 1. c) Printed name of the Contractor, d) Business address of the Contractor, including P.O. Box, City, State, and Zip Code; e) Name of State Water Board/Regional Water Board being billed; f) The date of the invoice; g) The number of the Agreement upon which the claim is based; and h) An itemized account of the services for which the State Water Board is being billed: 1) The time period covered by the invoice, i.e., the term"from"and"to"; 2) A brief description of the services performed; 3) The method of computing the amount due. On cost reimbursable agreements, invoices must be itemized based on the categories specified in the Budget. The amount claimed for salaries/wages/- consultant fees must also be explained; i.e., hours or days worked times the hourly or daily rate= the total amount claimed; 4) The total amount due;this should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the Contractor under the terms of this Agreement; and 5) Original signature of Contractor(not required of established times or entities using preprinted letterhead invoices). 2 EXHIBIT D—SWRCB ADDiTION, PROVISIONS SWRC13 No.: 00-169-250-0 City of Huntington Beach 1. DISPUTES: Any dispute arising under or relating to the terms of this Agreement, or related to performance hereunder, which is not disposed of by Agreement shall be decided by the Contract Manager, who sha'I reduce such decision to writing and mail cr otherwise furnish a copy thereof to the Contractor. The decision of the Contra Manager shall be final and conclusive unless, within fifteen (15) calendar days from the date of receipt of such copy, the Contractor mails or otherwise delivers a written appeal to the State's Executive Director. The decision of the State's Executive Director, or authorized representative, on such appeal shall be final and conclusive unless de!ermined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by any substantial evidence. In connection with any appeal under this Section, the Contractor shall be afforded an opportunity to be heard and to offer evidence and argument in support of the appeal. Pending final decisior on any dispute hereunder, the Contractor shall proceed dil;gently with the performance of the Agreement work as directed by the Contract Manager unless the Contractor has received notice of termination. Decisions on any disputes hereunder may include decisions of both fact and taw; provided, however, that nothing herein shall be construed as making final any decision on a question of fact or law in tie event of any subsequent legal proceeding before a court of competent jurisdiction. Authority to terminate performance under the terms of this Agreement is not subject to appeal under this Section. All ether issues including, but not limited to, the amount of any equitable adjustment, and the amount of any compensation or reimbursement which should be paid to the Contractor shall be subject to the disputes process under this Section. (PCC 10240.5, 10381,22200 et seq, 40 CFR 31.70) 2. RIGHTS IN DATA: The Con". .-tor agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. if any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the State reserves a royalty-free, nonexclusive, and irrevocable license to reproduce. publish, and use such work,or any part thereof, and to authorize others to do so. (40 CFR 31,34, 31.36) 3. INCOME RESTRICTIONS: The Contractor agrees that any refunds, rebates, credits, or other amounts (including any interest thereon)accruing to or received by the Contractor under this Agreement shall be paid by the Contractor to the State, to the extent that they are properly allocable to costs for which the Contractor has been reimbursed by the State under this Agreement. 4_ DISCLOSURE REQUIREMENTS-. Any document or wrist en report prepared in whole or in part pursuant to this Agreement shall contain a disclosure statement indicating gnat the document or written report was prepared through Agreement with the State. The disclosure statement shaft include the Agreement number and dollar amount of all Agreements and subcontracts relating to the preparation of such documents or written reports. The disclosure statement shall be contained in a separate section of the document or written report. If the Contractor or subcontractor(s) are required to prepare multiple documents or written reports, the disclosure statement may also contain a statement indicating that the total Agreement amount represents compensation for multiple documents or written reports. The Contractor shall include in each of its subcontracts for work under this Agreement a provision which incorporates the requirements stated within this Section. (Gov. Code 7550.40 CFR 31.20) 5. PERMITS, SUBCONTRACTING WAIVER REMEDIES AND DEBARMENT: The Contractor shall procure all permits a.id licenses necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give a'I notices necessary and incidental to the due and lawful prosecution of the work. Any subcontractors, outside associates, or consultants required by the Contractor in connection with the services covered by this Agreement shall be limited to such individua's or firms as were specifically identified and agreed to during negotiations for this Agreement, or as are specifically authorized by the Contract Manager during the performance of this Agreement Any substitutions in, or additions to, such subcontractors, associates, or consultants. shall be subject to the prior written approval of the Contract Manager. i l � €XNIBIT D—SWRCB ADDITIOT`a/PROVISIONS SWRCB No.: 00-169-250-0 City of Huntington Beach Any waiver of rights with respect to a default or other matter arising under the Agreement at any time by either party shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State provided for in this Agreement are in addition to any other rights and remedies provided by law. Contractor shall not subcontract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension". Contractor shall not subcontract with ar.y individual or organization on USEPA's List of Violating Facilities. (40 CFR, Part 31.35, Gov. Code 4477) 6. TRAVEL AND PER DIEM. Any reimbursement for necessary traveling and per diem shall be at rates not to exceed those amounts paid to the State's represented employees under collective bargaining Agreements currently in effect. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State. 7, NOVATION: If the Contractor proposes any novation Agreement, the State shall act upon the proposal within 60 days after receipt of the written proposal. The State may review and consider the proposal, consult and negotiate with the Contractor, and accept or reject all or part of the proposal. Acceptance or rejection may be made orally within the 60- day period, and confirmed in writing within five days. No novation shall become operative or otherwise binding on the State pursuant to this paragraph in the absence of a formal Agreement amendment which has been approved in accordance with all applicable State policy, laws and procedures. 8. PRIORITY HIRING CONSIDERATIONS: (For Agreements In excess of $200,000) Contractor shall give priority consideration in filling vacancies in positions funded by this Agreement to qualified recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the California Welfare and Institutions Code in accordance with Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institution Code. (PCC 10353 W&I 11200, 11349,2CCR, 1896.30 SCM 5.3) 11. CONTRACT MODIFICATIONS: A contract modification may be used to make minor changes in the work to be performed under this agreement, so long as the modified work is within the general scope of work called for by this agreement. A contract modification cannot make changes to the budget, the method, the manner, or time of performance of the work. A contract modification will require a written agreement between the contractor and the contract manager. 12. TERMINATION: The State Water Board may terminate performance of work under this agreement upon 30 days written notice. Any termination shall be effected by written notice to tie Contractor, either hand-delivered to the Contractor or sent certified mail, return receipt requested. The notice of termination shall specify the effective date of termination. Upon receipt of notice of termination,and except as otherwise directed in the notice, the Contractor shall: a. Stop work on the date specified in the notice; b. Place no further orders or enter into any further subcontracts for materials, services or facilities except as necessary to complete work under the agreement up to effective date of termination; c. Terminate all orders and subcontracts; d. Promptly take all other reasonable and feasible steps to minimize any additional cost, loss, or expenditure associated with work terminated, including, but not limited to reasonable settlement of all outstanding liability and claims arising out of termination of orders and subcontracts; e. Deliver or make available to the State Water Board all data, drawings, specifications, reports, estimates, summaries, and such other information and material as may have been accumulated by the Contractor under this agreement,whether completed, partially completed, or in progress. 2 EXHIBIT D—SWRCB ADDITIOC"PROVISIONS SWRCB No.: 00-169-250-0 City of Huntington Beach In the event of termination, an equitable adjustment in the price provided for in this agreement shall be made Such adjustment shall include reasonable compensation for all services rendered, materials supplied, and expenses incurred pursuant to this agreement prior to the effective date of-termination. (PCC 10253, G C 11010.5, 40 CFR 31.36) 13. COMPUTER SOFTWARE: Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this contract for the acquisition, operation or maintenance of computer software in violation of copyright laws. 3 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITENT APPRON'F,D BY THE CITY COUNCTU RF,DEVEL0P11EN-T AGENCY OF THE CITY OF MLN1 TN'GTON REACH DATE: May 24, 2001 TO: State of California ATTEIN'TIO\': Bill Brown, Chief Nanx P.O. Box 100 DEPARTh1ENT: Div. of Adm. Serv. Street Sacramento. CA 95812-0100 REGARDLIG: Standard Agreement City,State,Zip No. 00-169-250-0 See Attached Action Agenda Item, F—i Date of Approval Enclosed For Your Records Is An Executed Copy Of Ile Above Referenced Agenda Item. Remarks- Upon approval, please return an original signed agreement to the address Connie Brockway shown above. Thank you. City Clerk Attachments: Action Agenda Page x Agreement AjL_ Bonds Insurance RCA Deed Other Reso. Certif. CC: T. Broussard DPW x, x xx Tame Department RCA Agreement Insurance Other Tani Departrwnt RCA AsmMnt Insurance Other Name Department RCA AIrcenent Insurance Other Name Department RCA Agreement Insurance Other Risk Managernent Dept. Insurvice IYnlephon*:71453E-5227) _. K. �::ITY OF HUNTINGTON BEA'. .l d3 T SSA�tb MEETING DATE: May 21, 2001 DEPARTMENT ID N BER:PW 01-059 Council/Agency Meeting Held: big— 21 -0) Deferred/Continued to: Approved ❑ Conditio all Approved ❑ De ied le s Si nature Council Meeting Date: May 21, 2001 Department ID Number: PW 01-059 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION-! - � z c,n C-)z SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS -J ca�� rTt�r+�m SUBMITTED BY: RAY SILVER, City Administrator�►'.ry _ �C PREPARED BY: OBERT F. BEARDSLEY, Director of Public Works 4 � SUBJECT: ADOPT RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE STATE FOR RECEIPT OF PROPOSITION 13 FUNDING 1( S, Al,;., Roo/-.2-7 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City Council adopt the attached resolution authorizing the City Administrator on behalf of the City to enter into an agreement with the State of California, and sign the State's Contractor's Certification form in order to receive funding appropriated to the City under Proposition 13 for specified water quality projects? Funding Source: No funding is required for the action. State funds of approximately $4 million from Proposition 13 will be allocated to the City for storm water quality improvements. Recommended'Action: Motion to: Adopt Resolution No.,;?oO/--21Authorizing the City Administrator on 'behalf of the City, to enter into an agreement with the State of California and also sign the State's Contractor's Certification form, by which the City will receive $4 million in Proposition 13 funding for specified water quality projects. I- I 01-059 May 21 Broussard(Prop 13) = 5116/01 5:12 PM MEETING DATE: May 21, 2001 DEPARTMENT ID NUMBER: PW 01-059 Alternative Action(s): Do not adopt the attached resolution at this time and direct staff on how to proceed. This action may result in the forfeiting of funds. Analysis: In March 2000, Proposition 13 was approved to support safe drinking water, water quality, flood protection and water reliability projects throughout the state. Under this program, $4 million was appropriated to the City of Huntington Beach to support projects that will address coastal nonpoint sources pollution. Since the fall of 2000, Public Works staff has coordinated with the State Water Resources Control Board to identify mitigation issues. These projects are listed below with approximate costs: Task Product Estimated Cost 1 . Project Management and Administration $30,000 2. CEQA Documentation $10,000 3. Quality Assurance Plan $5,000 4. Project Implementation $3,950,000 4.1 Low Flow Urban Runoff Diversion to Sanitary Sewer $1,000,000 4.2 Water Quality Master Plan $ 500,000 4.3 In-Line Storm Drain Runoff Treatment Structures $2,000,000 4.4 Maintain and Clean Storm Drain Structures $ 450,000 5. Final Report $5,000 Estimated Total Cost of Program: $4,000,000 The City is required to enter into an agreement with the State to insure that the funds are used to support the above projects. Public Works Commission Review: Projects will be presented individually to the Commission. Environmental Status: Projects will undergo individual environmental review as they are implemented. Attachment(s): City Clerk's . . - Number No. Description 1. Resolution No. v2OO! taw, 2. State Standard Agreement with Attachments A, B, C, & D and State Contractor's Certification form RCA Author: T. Broussard JM 01-059 May 21 Broussard (Prop 13) /-2( 05/17/01 11:33 AM ATTACHMENT # 1 RESOLUTION NO._2nn i-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY ADMINISTRATOR,ON BEHALF OF THE CITY,TO SIGN AN AGREEMENT WITH THE STATE OF CALIFORNIA,AND ALSO SIGN THE STATE'S CONTRACTOR'S CERTIFICATION FORM,BY WHICH THE CITY WILL RECEIVE 54,000,000 IN PROPOSITION 13 FUNDING FOR SPECIFIED WATER QUALITY PROJECTS WHEREAS,the City of Huntington Beach proposes to enter into a written agreement with the State of California,pursuant to which the City will receive Proposition 13 funding in the amount of$4,000,000 in order to carry out certain specified water quality control projects; and At its meeting of May 21,2001,the City Council reviewed a staff report of said date,along with: (a) a copy of a proposed agreement between the City and the State providing for the $4,000,000 Proposition 13 funding;and (b)a State contractor's certification form concerning, inter alia,the requirements of doing business with the State; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach: 1. The City Administrator is hereby authorized to sign,on behalf of the City of Huntington Beach, a written contract with the State of California,including any amendments thereto,pursuant to which the City%will receive 54,000,000 in Proposition 13 funding in order to carry out those water quality control projects listed in the May 21,2001 staff report to the City Council. 2. The City Administrator is further authorized to sigh,on behalf of the City,the State's "Contractor Certification" form. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21at day of Ma ,2001. X" 610� Mayor Pro Tem City Clerk N_2..1-ol APPROVED AS TO FORM: REVIEWED AND APPROVED: 1CityAttorney r. IN1T=VED: City AdmKistrator Director of P is Works 01 rt+o'pop 13 funds 1 16 01 V Res. No. 2001-29 STATE OF CALIFORNIA } COUNTY OF ORANGE ] ss: CITY OF HUNTINGTON BEACH } I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 21st day of May, 2001 by the following vote: AYES: Green, Boardman, Cook, Dettloff, Bauer NOES: None ABSENT: Julien Houchen, Garofalo ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 State {~'ater Resources Conti " Board L N QW; Division of Administrative Services M inston 11.Ilickox 10011 Strcct•Sacramento.California 95814•(116)341-5082•FAX (916)341-5060 Grav�Davis secre1w)-for Mailing Address: P.Q.Box 100•Sacramento.California 95312-0100 Gur,ermw EnvirDrmerval Internet Address: hup Nuwry surcb-ea gov rrpfe;iron .J Dear Contractor: In an effort to streamline the way the State of California conducts business,we are in the process of updating current contracting procedures and formats. One of the first steps toward achieving this goal is the elimination of unnecessary duplication of contract language and documentation. A new document entitled."Certification Clauses" contains one or more clauses that may apply to your contract and must be certified to by person(s)contracting with the State of California. It also contains conditions that apply to person(s) doing business with the Stare of California. The Certification is available on the internet at www.dgs.ca.gov/contracts. Please download the document and sign and return the original first page only. The form will be kept on file in a central location for a period of three years for use with this and any other contracts)ou may enter into with this agency. You will also note that the new Standard Agreement (Std. 213)refers to Terms and Conditions which may not be included in hard copy format. These terms and conditions are available at the referenced internet site and may be downloaded and printed for your files. (If you do not have internet capabilities,you may request a hard copy by contacting the person listed below.) Please sign and return 4 copies of the attached agreement for further processing to the mailing address shown above. Contracts are not effective until approved by the State Department of General Services or the State Water Resources Control Board as required by State procedure. Upon approval, an original signed agreement will be returned to you. Also,complete and return the following: ® Certification Clause: (Return the original front signed_nage only._Make a copy for your riles.) Payment Data Record Form(Std.204) ® For Public Agencies: A resolution by the governing body authorizing the execution of the agreement and any amendments thereto. PlMe indicate the authorized representative by title. A copy of your insurance certification which states coverage will not be canceled without 30 days written notice to the State and includes the State, its officers,agents,and employees as additional insured. ElOther: Inquiries concerning the processing of this agreement should be referred to the Contracts Section at(916)3.41.5079. or may be mailed to I001 1 Street,Sacramento,CA 95814. Contracts Section Division of Administrative Services Enclosure(s) SWRCB(Rev. 1/99) California Ent nmental Protection Agency srt,rE OF Cu1FORMA STANDARD ACREUMENT �..J $TO:13 I%EW C"I 7AUREL:f11E`T\L;<IEIER A�1Et:D�tLtiT:�Lhil3ER 00-169-250-0 1, 1 his Agreement is entered into between the State Agency and the Contractor named below a LAIEAUL.%CV SNAMF State Water Resources Control Board CUNTRACTOR 5 NAME _ City of Huntington Beach 2. 7'he term of this Agreement is: April 1,2001 through June 30,2003 3. The maximum amount S 4,000,000.00 of this Agreement is: Four million dollars and 00/100 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit A—Scope of Work ( 7 Pages) Exhibit B—Budget Detail and Payment Provision ( 2 Pages) At Exhibit C—General Terms and Conditions GTC201 212001 (Number) (Dated) Exhibit D—SWRCB Additional Provisions ( 3 Pages) APPROVED AS TO FORM: GAIL HUITON,City Attorney Ity:Robert J.WL Speeixl Counsel � It^ 01 *View at n%%-.dgs.ca.gov/contracts 5 IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CALIFOWMA CONTRACTOR Department of Central Services _ Vie only LON TK.%L IUR'S INAME elf other than an Individuat stare whether a corporation.partnership.tic.) _City of Huntington Beach UY I.latl•urt:tid Signature! DATE SIGNED(Do not type) ,c 05-24-01 PKI\ILUNAMEA. 1IILE01-PERSUNSIGNING Ray Silver, City Administrator —ADDRESS 2000 Alain Street Huntington Beach,CA 92648 STATE OF CALIFOILNIA —AGENCY NAME State Water Resources Control Board —UN 4AA110nzed Sivalurel DATE SIGNED fDo not type) �PRI\1 ED NAME AND TITLE OF PERSON SIGNING Bill Brown,Chief,Division of Administrative Services ADDRESS 10011 Street, Sacramento,CA 95S14 ❑ Exempt per EXHIBIT A—SCOPE OF WORK SWRCB No.: 00.169-250-0 City of Huntington Beach 1. PROJECT OFFICIALS The State Water Resources Control Board's (SI'VRCB)Contract Manager shall be BG Tackett The Contract Manager shall be the day-today representative for administration of this agreement, and except as otherwise specifically provided, shall have full authority to act on behalf of the SWRCB with respect to this agreement. The SWRCB's Executive Director or designee may also perform any and all acts,which could be performed by the Contract Manager under this agreement. Except as otherwise expressly provided, all communications relative to this agreement shall be given to the Contract Manager. The Contractor's(City's)Project Director shall be David Webb.City Engineer,City of Huntington Beach, Public Works Department. The Project Director shall be the Contractor's representative for the administration of the agreement and shall have full authority to act on behalf of the Contractor. The City's Director of Public Works or designee may also perform any and all acts,which could be performed by the Project Director under this agreement All communications given to the Project Director shall be as binding as it given to the Contractor. The parties may change their Contract Manager or Project Director upon providing ten (10)days written notice to the other party. 2. WORK TO BE PERFORMED A. Background Assembly Bill,AB 411, among other things raised the minimum protective bacteriological standards for water adjacent to public beaches and public water-contact sports areas. This has resulted in a greater number of public beach postings or closures. In the City of Huntington Beach(City), sections of both the City and State beaches were posted or closed throughout the summer of 1999 and on several days during the summer of 2000_ Contamination of these coastal resources has serious consequences to the City's and surrounding regional environment and economy. Unhealthy water conditions diminish the quality of life for the City's residents and tourists. The impact on tourism effects the economic well being of small businesses,which depend on this tourism. There is clearly a need to identify the source or sources of this contamination and to put in place remediation measures. To that end,various studies have been prepared. One study entitled."Huntington Beach Water Quality Investigation Phase II;An Analysis of Ocean Surf Zone,Watershed, Sediment and Groundwater Data Collected from June 1998 through September 2000", has been prepared for the cities of Huntington Beach, Fountain Valley,Costa Mesa, Santa Ana, Newport Beach,the County of Orange(Health Agency and Harbors, Beaches and Parks),the Orange County Sanitation District (OCSD)and the National Water Research Institute. Preparation of the study was by a conglomerate of the University of California Irvine, Moffatt& Nichol Engineers, URS,Applied Ocean Science, and KOMEX H2O Science. This study evaluated the possible causes of the beach closures, including urban runoff, contamination from sewers, and natural sources from the Talbert Marsh. A technical review entitled"Huntington Beach Closure Investigation:Technical Review' was prepared by the University of Southern California Sea Grant at the request of the OCSD. This document analyzed the beach closures,evaluates the response by the Agencies involved and offers commentary on future measures. An additional study entitled,'Geophysical. Hydrogeologic and Sediment Investigation as Part of the Urban Runoff/Coastal Remediation Action Plan'was prepared for the City of Huntington Beach by Komex H2O Science, Inc. The study more particularly analyzed subsurface activities and near surface sediment_ 1 EXHIBIT A—SCOPE OF WORK SWRCB No.: 00.169-250-0 City of Huntington Beach In addition to these studies,plans for more immediate remediation measures were put in place, which resulted in fewer beach closures in 199912000. These took the form of a cooperative pilot program to divert low flow,summer storm water runoff for treatment at the OCSD wastewater treatment facility. As a result of these remediation efforts,as well as the studies, the City has identified the following scope and objectives to reduce the likelihood of future,ocean and urban stream contamination: B. Scope and Objectives . The purpose of this Proposition 13 project is to address coastal nonpoint source pollution in the City of Huntington Beach. Funding has been appropriated for this project in accordance with the Costa-Machado Water Act of 2000. The City will undertake various projects to improve the quality of urban runoff. The Objectives are: (1) Construct tow Flow Urban Runoff Diversions to SanitaN Sewer(See Task 4.1) The above referenced studies suggest that urban runoff is among one likely cause of the contamination of the ocean. It also identifies diversion of low flow urban runoff into Lhe sanitary sewer as a prudent mitigation measure. The following items will be implemented to effectively incorporate this measure. a. The City will convert nine storm drain diversions from a temporary configuration to a permanen;configuration. The locations of the diversions occur at the Atlanta,Adams. Newland, Meredith, Hamilton, Indianapolis, Banning,Yorktown, and Flounder pump stations. In response to the beach closures,the City crews installed interim diversion pumps and piping to divert low Flows to the sewers. In several cases,this consisted of pipes running over drive aisles, sidewalks and in gutters, in order to deliver the runoff to the nearest sanitary sewer. Parts or ail of some of these diversions need to be reconstructed in a permanent, underground manner to ensure they properly function, avoid damage and do not represent a safety hazard. b. The City will replace eleven existing corroded flap gates,which typically prevent water from the storm drain channels from flowing back into the pump station. The flap gates are located at the outlet structure of four of the nine aforementioned purrp stations. These eleven aged flap gates no longer have the ability to seal properly which is allowing tidal water from the flood control channel to flow back into the pump station. Currently pump stations,with adequate sealing flap gates,are purrping approximately 20 gallons per minute of tow now runoff. Those pump stations with,inadequate flap gates, on average are pumping closer to 350 gallons per minute due to seepage at the flap gates. THs additional flow is a large unnecessary quantity,of tidal flow being diverted and thereby increases the strain on the City's diversion pumps,sewers and lift station systems as well as increasing any associated fees assessed by the Sanitation District for treatment of the diverted waters. C. The City will construct five additional diversion systems at pump stations located in the northern portion of the City that are not currently diverting low summer flows to the sewer, in crder to further 2 EXHIBIT A—SCOPE OF WORK SWRCB No.: 00.169-250-0 City of Huntington Beach reduce the amount of debrs and other pollutants which would otherwise reach the ocean and coastal wavers (2) Prepare a City wide Drainage and Water Oughtt Master Plan MP See Task 4.2). The above mentioned studies concentrated on a specific area of the City,primarily the southeast comer near the mouth of the Santa Ana River and the Talbert Channel. This area is only a portion of the City impacted by urban runoff. To that end,the City will prepare a City wide Drainage and Water Quality Master Plan to identify and address"city-wide*urban runoff impacts to the City. Such a plan would identify and document drainage courses, land uses, storm water inlets and outlets, review water quality characteristics.and develop Best Management Practices(BMP's)that should be incorporated throughout the City's drainage system. Examples of such BMP's might be scheduled sweeping programs, site inspection of BMP structures on private and public property on a designated schedule. installation of in-line clarifiers. trash/debris screens, maintainable vegetative filter areastbasins, education programs,etc. The plan may also include,where necessary,modification of the City's General Plan and Zoning documents, preparation of a city-wide Environmental document and development and adoption of regulatory ordinances, fees and fines. (3) install in-Line Storm Drain Runoff Treatment Structures(See Task 4.3). The Dcwntown area of the City has 12 major storm drain outlets, ranging in size from 12'to 94" in diameter,that convey urban runoff under Pacific Coast Highway and outlet directly onto the beach, carrying with it debris and pollutants from these areas. Due to their location, addressing the water quality of these outlets is a high priority of the City. To prevent pollutants from contaminating the coastal waters, In-line structures commonly referred to as gross pollutant separators will be installed to remove trash/debris, oils, solvents and other particulate matter from the urban runoff. (4) Maintain and Clean Storm Drainage Structures See Task 4.4 . The City will improve overall water quality from the surface drainage system through the removal of trash and debris from new gross pollutant separators, • storm drain pipes,catch basins and channels.The City currently has a limited amount of typical equipment at its disposal, including dump trucks, sweepers and backhoes,but often must contract or rent specia4zed equipment. As a result, channels are not cleaned as often as we would desire. Therefore, a 'Bobcat*loader will be purchased to maintain the City's storm drain channels as well as a"Vactor"truck to remove trash and debris from the aforementioned gross pollutant separator devices,catch basins, and ether drainage devices. C. Work to be Performed The Contractor(s) shall be responsible for performance of the work and conducting any additional studies needed and as set forth herein below. They shall be responsible for the preparation of products and a final report as specified.The Project Director shall promptly notify the Contract Manager of events or proposed changes,which could affect the scope, budget, or schedule of the work performed under this agreement. Task 1. Project Management and Administration 1.1 Provide ail technical and administrative services as needed for contract completion; monitor, supervise and review all work performed; and coordinate 3 EXHIBIT A—SCOPE OFVORK +`'J SWRCB No.: 00-169-250-0 City of Huntington Beach budgeting and scheduling to assure that the contract is completed within budget on schedule,and in accordance with approved procedures, applicable laws and regulations. 1.2 Ensure that the contract requirements are met through completion of quarterly status reports submitted to the Contract Manager and through regular communications with the Contract Manager. The progress reports shall describe activities undertaken and accomplishments of each task during the quarter by location, or task phase.milestones a&.ieved,and any problems encountered in the performance of the work under this contract The description of activities and accomplishments of each task during Oe preceding quarter shall be in sufficient detail to provide a basis for payment of invoices and shall be translated into percent of task completed for the purpose of calculating invoice amounts. 1.3 Include the following disclosure statement in any document written report,or brochure prepared in whole and in part pursuant to this contract. "Funding for this project has been provided In full or in part through a contract with the State Water Resources Control Board(SWRCB)pursuant to the Costa-Machado Water Act of 2000(Proposition 13)and any amendments thereto for the implementations of Califomia's Nonpoint Source Pollution Control Program. The contents of this document do not necessarily reflect vie-�&s and policies of the SWRCB. nor does mention of trade names or commercial products constitute endorsement or recommendation for use.' The Contractor shall include in each of its subcontracts for work under this contract a provision,which incorporates the requirements stated within this subtask. 1.4 The Contractor and any of its subcontractors shall make every effort to notify the Contract Manager prior to any public or media event publicizing the accomplishments andfor results of this contract and provide the opportunity for attendance and participation by SWRCB representatives. 1.5 Complete a one-page contract summary form within three months of the contract execution. 1.6 Award subcontract(s)to appropriate organization(s)to perform tasks as outlined in this agreement Document steps taken in soliciting and awarding the subcontract(s)and submit copies to the Contract Manager for review and - approval. Document all subcontractor a=Jvities in regular reports. 1.7 Insure all permits, required for project work, are secured by the appropriate parties. 1.8 At the completion of this project and prior to final payment,the Project Director shall fill out and provide a project survey form to the Contract Manager. Task Product(s) Progress Reports, One Page Summary,Subcontractor Documentation,and Project Survey Form Task 2. Californla Environmental Quality Act(CEQA) Documentation Obtain CEQA approval. No construction shall proceed under this contract until receipt by the Contract Manger of approved CEQA documents, i.e. categorically exempt, negative declaration, mitigated negative declaration, or Environmental Impact Report Task Product(s): CEQA Documents. 4 EXHIBIT A—SCOPE OF WORK SWRCB No.: 00-169-250-0 City of Huntington Beach Task 3. Quality Assurance Plan Prepare and maintain a Duality Assurance Plan(GAP)in accordance with the EPA QAP Plans for Environmental Data Operations, EPAIQA/R-5,August 1894. The OAP shall be reviewed and approved by the Contract Manager. Task Product(s): Approved CA Plan Task 4. Project Implementation Construction documents shall be prepared to a'low for construction efforts for this multi faceted project Contractor may cause the work to be done through consultants(s)for preparation of plans andfor specifications for Tasks 4.1.4.3 and 4.4 and studies for Task 4.2. 4.1 Low Flow Urban Runoff Diversion to Sanitary Sewer 4.1.a Convert existing temporary diversion system to permanent system at the Atlanta,Adams, Newland, Meredith, Hamilton,Indianapolis,Banning, Yorktown, and Flounder pump stations. The diversion system will generally consist of a pump and underground piping. 4.1.b Replace(2) 36'and (3) 54'flap gates at Atlanta Pump Station. Replace(1)36'and (2)48"flap gates at the Banning Pump Station. Replace(3)48'flap gates at the Newland Pump Station. 4.1.c Construct diversion system at the Slater, Bolsa Chico, Scenario, Heil. and Marilyn pump stations. The diversion system wilt generally consist of a pump and underground piftg system. Task Product(s): Copy of invoices resulting from construction of this task. 4.2 City-wide Drainage and Water Quality Master Plan The Contractor shall prepare a City wide Drainage and Water Quality Master Plan to identify and address`city-wide'urban runoff impacts to the City. The plan may also include,where necessary.modification of the City's General Plan and Zoning cl=rnent5, preparation of a city-wide Environmental document and development and adoption of regulatory ordinances,fees and fines. 4.2.a Purchase ortho, aerial photographs in digital format to include one-foot contours. 4.2.b Obtain in digital format from field survey, storm drain infrastructure such as pipes, manholes, inlets, outlets, and other drainage courses and input into City's GIS and overlay onto aerial photographs to be used as a 'base sheet"for studies. 4.2.c Perform detail hydrology and hydraulic calculations to determine storm now quantities and necessary drainage facilities required to meet flood protection standards as well as estimate construction costs. 4.2.d Review land uses and determine appropriate locations for random water quality testing. 5• EXHIBIT A—SCOPE OORK SWRCB No.: 00-169-250-0 City of Huntington Beach 4.2.e Perform 10 to 15 random water quality tests to determine constituents in low flows and review which best management practices($MP)would best fit different area land uses. 4.2.f Based upon water quality test,drainage patterns and quantities, as well as land use,determine water quality management goal and objectives. City and watershed BMP's and finally a City wide Water Quality Management Plan on how to address these. 4.2.g Obtain public and elected official input and process final documents through public hearing and adoption by the City Council. Task Product(s): Copy of the Drainage and Water Quality Master Plan, copy of City Council Action. Notice of Public Hearings, Public Hearings Agenda. 4.3 in-Line Storm Drain Runoff Treatment Structures The Downtown area of the City has 12 major storm drain outlets, ranging in size from 120 to 90'In diameter,that convey urban runoff under Pacific Coast Highway and cutlet directly onto the beach.carrying with it debris and pollutants from these areas. Due to their location, addressing the water quality of these outlets is a high priority of the City. To prevent pollutants from contaminating the coastal waters, in-line structures commonly referred to as gross pollutant separators will be installed to remove trash/debris. oils, solvents and other particulate matter from the urban runoff. 4.3.a Review and select appropriate gross pollutant separator units. 4.3.b Install a maximum of 12 gross pollutant separator units and incorporate minimum necessary improvements to facilitate optional diversion system. 4.3.c Upon completion of construction, conduct and review several random water quality tests and docurrent debris removal amounts and determine effectiveness of device. Task Product(s): Copy of invoices resulting from design/construction of this task. 4.4 Maintain and Clean Storm Drainage Structures The City will improve overall water qua'ity from the surface drainage system through the removal of trash and debris from new gross pollutant separators, storm drain pipes,catch basins and channels. The City currently has a limited amount of typical equipment at its disposal, including dump trucks, sweepers and backhoes, but often must contract or rent specialized equipment. As a result,channels are not cleaned as often as we would desire. 4.4.a Purchase'Bobcar loader to clean the City's storm drain channels. 4.4.b Purchase"Vactor"truck to vacuum trash and debris from the gross pollutant separators, catch basins, and pump station forebays. 4.4.c Remove trash and debris from the forebay of eleven pump stations and entry pipes. 4.4.d Document amount of material removed from storm drains,pump stations and gross pollutant separators. 6 EXHIBIT A—SCOPE OF WORK SWRCB No.: 00-169-250-0 City of Huntington Beach Task Product(s): Invoices for purchased equipment. Log of debris removed. Task 5. Draft and Final Report 5.1 Prepare a Draft Project Report, which summarizes project accomplishments and submit to Contract Manager for review and comment. 5.2 Prepare Final report that addresses comments from the Contract Manager. Task Product(s): Draft and Final Report Schedule of Completion Dates (Based on April 1,2001 Contract) Task Product Completion Date 1. Project Management and Administration Quarterly Reports July 1, 2001 and quarterly thereafter 2. CEQA Documentation Ongoing through September, 2002 3. Quality Assurance Plan September, 2001 ongoing 4. Project Implementation Ongoing through November, 2002 4.1 Low Flow Urban Runoff Diversion to Sanitary Sewer November, 2001 I 4.2 Water Quality Master Plan November, 2002 4.3 In-Line Storm Drain Runoff Treatment Structures November, 2002 4.4 Maintain and Clean Storm Drain Structures October, 2001 5. Draft Report March 1, 2003 Final Report April 30, 2003 D. Reports 1. Not later than July 2001 and monthly thereafter, during the life of this agreement, the Project Director shall provide a written progress report to the Contract Manager describing activities undertaken, accomplishment of milestones, and any problems encountered in the performance of the work under this agreement, and delivery of intermediate products, if any. 2. The Project Director shall submit to the Contract Manager for approval all task products related to the work performed in accordance with the schedule of this Exhibit. 3. Not later than March 2003 the Project Director shall submit to the Contract Manager 1 copy of a draft final report describing the work performed pursuant to Section B of this Exhibit for review and comment. 4. Within 4 weeks of receipt of the draft report, the Contract Manager shall submit final comments to the Project Director. 5. Not later than April 2003 (thirty days prior to the end date of this contract), the Project Director shall submit to the Contract Manager for approval one(1) reproducible master and 3 copies of the final report containing the results of the work performed and addressing the comments submitted to the Project Director by the Contract Manager. 6. The report shall not be considered final until accepted and approved by the Contract Manager. 7 EXHIBIT B—BUDGET, .,AYMENT PROVISIONS SWRCB NO: 00-169-250-0 CITY OF HUNTINGTON BEACH A. BUDGET Task Product Estimated Cost 1. Project Management and Administration $30,000 2. CEQA Documentation $10,000 3. Quality Assurance Plan $5,000 4. Project Implementation $3,950,000 4.1 Low Flow Urban Runoff Diversion to Sanitary Sewer $1,000,000 4.2 Water Quality Master Plan $ 500,000 4.3 In-Line Storm Drain Runoff Treatment Structures $2,000,000 4.4 Maintain and Clean Storm Drain Structures $ 450,000 5. Draft and Final Report $5,000 Estimated Total Cost of Program: $4,000,000' Equipment purchased is necessary in order to maintain ongoing services. Equipment will be owned,operated, and maintained by the City of Huntington Beach. B. LIMITATION FOR FUNDING: The total amount of this agreement shall not exceed Four Million Dollars ($4,000,000). Limitation of State Liability:The maximum amount to be encumbered under this agreement for the 2000-01 fiscal year ending June 30, 2001 shall not exceed Four Million Dollars ($4,000,000). Funding or Funding Reduction in Subsequent Fiscal Years: The State's obligation for performance of this agreement is contingent upon the availability of funds appropriated by the Legislature from which payment for agreement purposes can be made. No legal liability for any payment on the part of the State may arise for performance under this agreement until sufficient funds are made available for the purpose of this agreement. If funding for any fiscal year is reduced or deleted by the Legislature for purposes of this program, the state shall have the option to either: cancel this agreement with no liability occurring to the State, or offer an amendment to the Contractor to reflect the reduced amount. C. INVOICING PROCEDURES The Contractor shall be paid quarterly in arrears, upon submission of an original and two copies of the invoice that properly details all charges, expenses, direct and indirect costs. Invoices shall be submitted to: Pam Nichols, Program Analyst State Water Resources Control Board, DWQ 1001 1 Street, 151h Floor Sacramento, CA 95814 1. The original and one (1) approved copy of the invoice or payment request will be forwarded to the SWRCB's Accounting Operations Section by the Program Analyst. 1 EXHIBIT B—BUDGET& YMENT PROVISIONS SWRCB NO: 00-169.250-0 CITY OF HUNTINGTON BEACH Contractors who are certified as small businesses or recognized as non-profit organizations by the Office of Small Business Certification and Resources will be paid in accordance with California Government Code. Title 1, Section 926.15. Invoices for all other contractors shall be paid within 45 calendar days. In either situation, payment of any invoice will be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice or payment request Failure to use the address exactly as provided above may result in retum of the invoice or payment request to the Contractor. Payment shall be deemed complete upon deposit of the payment properly addressed, postage prepaid, in the United States mail. The Contract Manager must approve all invoices. 2. The invoice shall contain the following information: a) The word"INVOICE"should appear in a prominent location at the top of the page(s); b) An invoice number. If your accounting system does not use prenumbered invoices. it is acceptable to number the project invoices sequentially beginning with number 1. c) Printed name of the Contractor, d) Business address of the Contractor, including P.O. Box, City, State, and Zip Code; e) Name of State Water Board/Regional Water Board being billed; f) The date of the invoice; g) The number of the Agreement upon which the claim is based; and h) An itemized account of the services for which the State Water Board is being billed: 1) The time period covered by the invoice, i.e., the term"from"and"to"; 2) A brief description of the services performed; 3) The method of computing the amount due. On cost reimbursable agreements, invoices must be itemized based on the categories specified in the Budget The amount claimed for salarieslwagesl- consultant lees must also be explained; i.e.. hours cr days worked times the hourly or daily rate=the total amount claimed; 4) The total amount due;this should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or computations appeasing on the invoice;the total amount due shall include all costs incurred by the Contractor under the terms of this Agreement;and 5) Original signature of Contractor(not required of established firms or entities using preprinted letterhead invoices). 2 GTC201 Pagel of 3 GTC201 EMBIT C GENERAL TERMS AND CONDITIONS 1.APPROVAL:This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services,if required. Contractor may not commence performance until such approval has been obtained. 2.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. 3.ASSIGNMENT:This Agreement is not assignable by the Contractor,either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department,the Department of General Services,the Bureau of State Audits,or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to tht performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3)years after final payment,unless a longer period of records retention is stipulated. Contractor 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,Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (GC 8546.7,PCC 10115 et seq.,CCR Title 2,Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify,defend and save harmless the State, its officers,agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors,suppliers,laborers,and any other person,firm or corporation furnishing or supplying work services,materials, or supplies in connection with the performance of this Agreement,and from any and all claims and losses accruing or resulting to any person,firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7.TERMINATION FOR CAUSE:The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided.In the event of such termination the State may proceed with the work in any manner deemed proper by the State.All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance,if any, shall be paid to the Contractor upon demand. 8. INDEPENDENT CONTRACTOR Contractor,and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9.RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact,percentage of recycled content,both post consumer waste and secondary waste as defined in the Public Contract Code,Sections 12161 and 12200,in materials,goods,or supplies offered or products used in the performance of this Agreement,regardless of whether the littp:/hvw w.ols.dgs.ca.gov/STD_PROCESS/Documents/Exliibit%20C/GTC201%20.html 05/1612001 GTC201 Page 2 of 3 product meets the required recycled product percentage as defined in the Public Contract Code, Sections 12161 and 12200. Contractor may certify that the product contains zero recycled content. (PCC 10233, 10308.5, 10354) 10.NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,Contractor and its subcontractors 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,physical disability(including HIV and AIDS),mental disability,medical condition(cancer), age(over 40), marital status,and denial of family care leave.Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act(Government Code Section 12990 (3-0 et seq.) and the applicable regulations promulgated thereunder(California Code of Regulations,Title 2, Section 7295 et 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. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with,.%hich they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11.CERTIFICATION CLAUSES:The CONTRACTOR CERTIFICATION CLAUSES contained in document the CCC201 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12.TIMELINESS: Time is of the essence in this Agreement. 13.COMPENSATION:The consideration to be paid Contractor, as provided herein, shall be in compensation far all of Contractor's expenses incurred in the performance hereof,including travel, per diem, and takes,unless otherwise expressly so provided. 14. GOVERNING LAW:This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15.ANTITRUST CLAIMS:The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of competitive Eid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a.The Government Code Chapter on Antitrust claims contains the following definitions: 1). "Public purchase" means a purchase by means of competitive bids of goods, services,or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision(c)of Section 16750 of the Business and Professions Code. 2). "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b.In submitting a bid to a public purchasing body,the bidder offers and agrees that if the bid is accepted,it NAZI assign to the purchasing body all rights,title,and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C. Sec. 15)or under the Cart%NTight Act(Chapter 2 (commencing Aith Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,materials,or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the litip:/hv1%rw.ols.dgs.ca.gov/STD PROCESS/Documents/F,xbibit%2OC/GTC201%20.htmi 05/16/2001 GTC201 Page 3 of 3 time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c: If an awarding body or public purchasing body receives,either through judgment or settlement,a monetary recovery for a cause of action assigned under this chapter,the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may,upon demand,recover from the public body any portion of the recovery,including treble damages,attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price,less the expenses incurred in obtaining that portion of the recovery. Govemment Code Section 4553. d. Upon demand in writing by,the assignor,the assignee shall,within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and(a)the assignee has not been injured thereby,or(b)the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of$100,000,the contractor acknowledges in accordance with,that: a).The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including,but not limited to,disclosure of information and compliance%N ith earnings assignment orders, as provided in Chapter 8 (commencing with section 5200)of Part 5 of Division 9 of the Family Code;and b)The contractor,to the best of its knowledge is fully complying-Mth the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." 17. 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 have force and effect and shall not be effected thereby. 1 S. UNION ORGANIZING For all contracts,except fixed price contracts of$50,000 or less, the Contractor acknowledges that: By signing this agreement Contractor hereby acknowledges the applicability of Government Code Section 16645 through Section 16649 to this agreement and agrees to the following: a)Contractor will not assist,promote or deter union organizing by employees performing work on a state service contract,including a public works contract. b)No state funds received under this agreement will be used to assist,promote or deter union organizing. c)Contractor will not,for any business conducted under this agreement,use any state property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist,promote or deter union organizing,unless the state property is equally available to the general public for holding meetings. d) If Contractor incurs costs,or makes expenditures to assist,promote or deter union organizing, Contractor will maintain records sufficient to show that no reimbursement from state funds has been sought for these costs,and that Contractor shall provide those records to the Attorney General upon request. http://,A1N-.%,.ols.dgs.ca.gov/STD_PROCESS/Documents/Exhibit°/`20C/GTC201%20.html 05/16/2001 EXHIBIT D—SWRCB ADDITIONAi(_1OVISIONS ` � SWRCB No.: 00-169-250-0 Cityof Huntington g Beach 1. DISPUTES. Any dispute arising under or relating to the terms of this Agreement, or related to performance hereunder, which is not disposed of by Agreement shall be decided by the Contract Manager, who shall reduce such dec,s,on to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contract Manager shall be final and conclusive unless, within fifteen (15) calendar days from the date of receipt of such copy, the Contractor mails or otherwise delivers a written appeal to the State's Executive Director. The decision of the State's Executive Director,'or authorized representative, on such appeal shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by any substantial evidence. In connection with any appeal under this Section, the Contractor shall be afforded an opportunity to be heard and to offer evidence and argument in support of the appeal. Pending final decision on any dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement work as directed by the Contract Manager unless the Contractor has received notice of termination. Decisions on any disputes hereunder may include decisions of both fact and law, provided, however, that nothing herein shall be construed as making final any decision on a question of fact or law in the event9of any subsequent legal proceeding before a court of competent jurisdiction. Authority to terminate performance under the terms of this Agreement is not subject to appeal under this Section. All other issues including, but not limited to, the amount of any equitable adjustment, and the amount of any compensation or reimbursement which should be paid to the Contractor shall be subject to the disputes process under this Section. (PCC 10240.5, 10381, 22200 et seq, 40 CFR 31.70) 2. RIGHTS IN DATA: The Contractor agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the State reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so. (40 CFR 31.34, 31.36) 3. INCOME RESTRICTIONS: The Contractor agrees that any refunds, rebates, credits, or other amounts (including any interest thereon)accruing to or received by the Contractor under this Agreement shall be paid by the Contractor to the State to the extent that they are properly allocable to costs for which the Contractor has been reimbursed by the State under this Agreement. 4. DISCLOSURE REQUIREMENTS: Any document or written report prepared in whole or in part pursuant to this Agreement shall contain a disclosure statement indicating that the document or written report was prepared through Agreement with the State. The disclosure statement shall include the Agreement number and dollar amount of all Agreements and subcontracts relating to the preparation of such documents or written reports. The disclosure statement shall be contained in a separate section of the document or written report. j If the Contractor or subcontractor(s) are required to prepare multiple documents or written reports, the disclosure statement may also contain a statement indicating that the total Agreement amount represents compensation for !� multiple documents or written reports. The Contractor shall include in each of its subcontracts for work under this Agreement a provision which incorporates the requirements stated within this Section. (Gov.Code 7550,40 CFR 31.20) k 5. PERMITS SUBCONTRACTING, WAIVER. REMEDIES AND DEBARMENT: The Contractor shall procure all permits and licenses necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Any subcontractors, outside associates, or consultants required by the Contractor in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement, or as are specifically authorized by the Contract Manager during the performance of this Agreement Any substitutions in, or additions to, such subcontractors, associates, or consultants, shall be subject to the prior written approval of the Contract Manager. 1 f.XHIBIT D—SWRCS ADDITIONAL IF 'VISIONS �...� SWRCB No.: 00469-250.0 City of Huntington Beach Any waiver of rights with respect to a default or other matter arising under the Agreement at any time by either party sha!1 not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State provided for in this Agreement are in addition to any other rights and remedies provided by law. Contractor shall not subcontract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension". Contractor shall not subcontract with any Individual or organization on USEPA's List of Violating Facilities. (40 CFR, Part 31.35, Gov. Code 4477) 6. TRAVEL AND PER DIEM: Any reimbursement for necessary traveling and per diem shall be at rates not to exceed those amounts paid to the State's represented employees under col!ectfve bargaining Agreements currently in effect No travel outside the State of Califomia shall be reimbursed unless prior written authorization is obtained from the State. 7. NOVATION: If the Contractor proposes any novaSon Agreement, the State shall act upon the proposal within 60 days after receipt of the written proposal. The State may review and consider the proposal, consult and negotiate with the Contractor, and accept or reject all or part of the proposal. Acceptance or rejection may be made orally within the M day period, and confirmed in writing within five days. No novation shall become operative or otherwise binding on the State pursuant to this paragraph in the absence of a formal Agreement amendment which has been approved in accordance with all applicable State policy, laws and procedures. 8. PRIORITY HIRING CONSIDERATIONS: (For Agreements In excess of $200,000) Contractor shall give priority consideration in filling vacancies in positions funded by this Agreement to qualified recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the California Welfare and Institutions Code in accordance with Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institution Code. (PCC 10353 W&I 11200, 11349,2CCR, 1896.30 SCM 5.3) 11. CONTRACT MODIFICATIONS: A contract modification may to used to make minor changes in the work to be performed under this agreement, so long as the modified work is within the general scope of work called for by this agreement. A contract modification cannot make changes to the budget, the method, the manner, or time of performance of the work. A contract modification will require a written agreement between the contractor and the contract manager. 12 TERMINATION. The Stale Water Board may terminate performance of work under this agreement upon 30 days written notice. Any termination shall be effected by written notice to the Contractor. either hand-delivered to the Contractor or sent certified mail, return receipt requested. The notice of termination shall specify the effective date of termination. Upon receipt of notice of termination,and except as otherwise directed in the notice,the Contractor shall: a. Stop work on the date specified in the notice; b. Place no further orders or enter into any further subcontracts for materials, services or facilities except as necessary to complete work under the agreement up to effective date of termination; c. Terminate all orders and subcontracts; d. Prompt!y take all other reasonable and feasible steps to minimize any additional cost, loss, or expenditure associated with work terminated, including, but not limited to reasonable settlement of all outstanding liability and claims arising out of termination of orders and subcontracts; e. Deliver or make available to the State Water Board all data, drawings, specifications, reports, estimates, summaries, and such other information and material as may have been accumulated by the Contractor under this agreement,whether completed, partially completed, or in progress. 2 EXHIBIT 0--SWRCB ADDITIONA ROVISIONS SWRCB No: 00-169.250.0 City of Huntington Beach In the event of termination, an equitable adjustment in the price provided for in this agreement shall be made. Such adjustment shall include reasonable compensation for all services rendered, materials supplied, and expenses incurred pursuant to this agreement prior to the effective date of termination. (PCC 10253, G.C. 11010.5, 40 CFR 31.36) 13. COMPUTER SOFTWARE: Contractor certifies that it has appropriate systems and controls in place to ensure that stale funds will not be used in the performance of this contract for the acquisition,operation or maintenance of computer software in violation of copyright laws. 3 • CCC201 - r- Page I of 3 CCC201 CERTIFICATION 1,the official named below,CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s)listed below.This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) Federal ID Number City of Huntington Beach 95-6723 By(Authorized Signature) Printed Name and Title of Person Signing Ray Silver, City Administrator Date Executed Executed in the County of 05-24-01 Orange CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has,unless exempted, complied with the nondiscrimination program requirements.(GC 12990(a-f)and CCR,Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a.Publish a statement notifying employees that unla,.rful manufacture,distribution,dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. G M- PROVED AS TO FOR b. Establish a Drug-Free Awareness Program to inform employees about: �'HUTI'ON,�y AttmW 1) By:Robert J.fi�the dangers of drug abuse in the workplace; Speefa]Coons )`�`01 2)the person's or organization's policy of maintaining a drug-free workplace; _'�SL 3)any available counseling,rehabilitation and employee assistance programs;and, 4)penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1)receive a copy of the company's drug-free workplace policy statement; and, 2)agree to abide by the terms of the company's statement as a condition of employment on theAgreement. ht,,p://www.ols.dgs.ca.gov/STD-Process/Documents/CCC20l.html 05/16/2001 -CCC20I Page 2 of 3 Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: (1) the Contractor has made false certification,or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.) 3. NATIONAL_LA_BOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one(1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court which orders Contractor to comply with an order of the National Labor Relations Board. (PCC 10296) (Not applicable to public entities.) 4. UNION ORGANIZING Contractor hereby certifies that no request for reimbursement,or payment under this agreement,will seek reimbursement for costs incurred to assist,promote or deter union organizing. DOING BUSINESS NNITII THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST-Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person . tendering services or involved with the Agreement,the awarding agency must be contacted immediately for clarification. Current State Employees(PCC 10410): I).No officer or employee shall engage in any employment,activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2).No officer or employee shall contract on his or her o%Nn behalf as an independent contractor with any state agency to provide floods or services. Former State Employees (PCC 10411): 1). For the two-year period from the date he or she left state employment,no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions,planning,arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs,such action by Contractor shall render this Agreement void. (PCC 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission,payment for preparatory time and payment for per diem.(PCC 10430(e)) http://%%-%vw.ols.dgs.ca.gov/STD—Proccss/DocumenWCCC20 1.html 05/16/2001 CCC20I - Page 3 of 3 2. LABOR CODEIN�'ORKERS' COMPENSATION: Contractor needs to be aware of the provisions whieh require every employer to be insured against liability-for Worker's Compensation or to undertake self-insurance in accordance with the provisions,and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act(ADA)of 1990, which prohibits discrimination on the basis of disability,as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations,the contracting agencies dill be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&-TC Section 23101 as actively engaging in any transaction for the purpose of(financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation,rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations(those incorporated outside of California)must be in good standing in order to be qualified to do business in California.Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county,city,district,or other local public body must provide the State with a copy of a resolution,order, motion,or ordinance of the local governing body which by law has authority to enter into an agreement,authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws,the Contractor shall not be: (1)in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2)subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or(3) finally determined to be in violation of provisions of federal law relating to air or water pollution. S. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other government entity. http:/h««v.ols.dgs.ca.gov/STD_ProcesstDocuments/CCC201.html 05/16/2001 RCA )kOUTING !' HEET INITIATING DEPARTMENT: Public Works SUBJECT: ADOPT RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE STATE FOR RECEIPT OF PROPOSITION 13 FUNDING COUNCIL MEETING DATE: May 21, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City AHome Attached Subleases, Third Party Agreements, etc. (Approved as to form b Cit Attome Not Applicable Certificates of Insurance (Approved by the CiK Attome Not Applicable Financial Impact Statement Unbud et, over 55.000) Not Applicable Bonds If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial ctr� City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: T.Broussard:jm r ' Propo�liion 13 Water Quality'Flrojects Water Quality Funding Ell —c. a rnomm 1 'U n''� State Proposition 13 Ln n 3> Approved Huntington Beach Projects . 1 Proposition 13 ■ Approved by voters in March 2000 ■ Provides $695 million over 4 years ■ Intended to support and improve: • Safe drinking water . Water quality • Flood protection . Water reliability projects ■ Program managed by the State Water Resources Control Board May 21, 2001 Late Communication Item F-'I 1 I � Propoion 13 Water Quality,15rojects Huntington Beach Allocation ■ $4 million appropriated as separate line item— not competitive grant ■ Intended to address coastal non-point source pollution ■ Scope of work & objectives improve the quality of local urban runoff ■ Funds four approved projects 3 Approved Projects ■ Permanent low-flow urban runoff diversions to sanitary sewer ■ City-wide Drainage & Water Quality Master Plan ■ In-line storm drainage runoff treatment structures ■ Maintain & clean storm drainage structures May 21, 2001 Late Communication Item P-1 2 Propo6f ion 13 Water Quality Yrojects Project Schedule ■ Permanent diversions and storm drain maintenance September 2001 ■ Water Quality Master Plan and runoff treatment structures September 2002 5 May 21, 2001 Late Communication Item F-1 3