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2008/09/23 City Council Resolution 2008-150RESOLUTION NO. 2008-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AN AGREEMENT WITH RMC WATER AND ENVIRONMENT TO DEVELOP AND IMPLEMENT A WATER QUALITY STUDY WHEREAS, on July 11, 2006, the City .entered into a settlement agreement and Mutual Release of Claims with Northern California River Watch (NCRW); WHEREAS, as part of the Settlement Agreement, the City agreed to "include a water quality study as a component of the City's anticipated creek master plan," and that the water quality study would include "a reasonably comprehensive and technically competent analysis of human markers present to determine if human wastewater is present in waters of selected surface watercourses in Rohnert Park "; WHEREAS, the Rohnert Park City Council called for proposals for said water quality study on April 8, 2008; WHEREAS, two proposals were received by the deadline of July 16, 2008, evaluated by City staff, an outside evaluator and a Northern California River Watch representative; and WHEREAS, the proposal submitted by RMC Water and Environment was chosen by the evaluators. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve an Agreement for Services with RMC Water and Environment to develop and conduct a water quality study that includes an initial water quality assessment and an analysis of human markers to determine if human wastewater is present in selected watercourses in Rohnert Park, for an amount not to exceed $145,309. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this date of 23rd of September, 2008. E ATTEST: BREEZE: AYE SMITEk AYE STAFFORD: ABSENT VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0) AGREEMENT FOR PROFESSIONAL. SERVICES This Agreement is made and entered into on this 23rd day of September 2008, by and between the City of Rohnert Park, hereinafter referred to as the "City," and RMC Water and Environment, hereinafter referred to as the "Consultant." WHEREAS, the City requires a water quality study that includes an initial water quality assessment and an analysis of human markers to determine if human wastewater is present in selected watercourses in Rohnert Park; and WHEREAS, the Consultant is qualified and experienced to.provide such services. NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set forth, mutually agree as follows: 1. SCOPE OF WORK. Consultant shall perform those services described as Tasks in the Scope of Work and Schedule of Performance attached as Exhibit "A" within the time frames stated therein. 2. COORDINATION. Consultant shall assign Alyson Watson to personally participate in said project and to coordinate the activities of the Consultant. ' 3. COMPENSATION. A. - City shall pay Consultant as compensation in full for such services and expenses at the rates set forth in the RMC Water and Environment 2008 Standard Billing Rates attached as Exhibit "B," the total sum not to exceed $145,309.00. Progress payments will be tied to completion of tasks so all payments are proportional to the work completed. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. B. Consultant shall submit an itemized statement for work performed. City shall make any payment due within thirty (30) days after approval of the invoice by the City. C. Payments due and payable to Consultant for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. 11319590 80078/0012 1 JH- S:05 -g (updated 021908 [EBrev. to 3Bonly.2008- 06 -20]) 4. TERM. The term of this Agreement shall be from the date of its execution until the completion of the work contemplated by this Agreement and its final acceptance by City unless. terminated earlier as provided herein. 5. NOTICES. All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: TO CITY: ENGINEERING DEPARTMENT CITY OF ROHNERT PARK 6750 COMMERCE BLVD. ROHNERT PARK, CA 94928 TO CONSULTANT: ALYSON WATSON RMC WATER AND ENVIRONMENT EXECUTIVE SQUARE, SUITE 750 SAN DIEGO, CA 92037 TEL: (858) 875 -7400 Fax - (858) 875 -7401 and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving notice pursuant to this Paragraph. 6. AMENDMENT OF SCOPE OF WORK. City shall have the right to amend the Scope of Work within the Agreement by written notification to the Consultant. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Failure of the Consultant to secure City's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization. 7. RIGHT TO TERMINATE /SUSPEND CONTRACT. At any time and for any or no reason, City shall have the right to terminate this Agreement, take possession of the Consultant's work, e.g., studies, preliminary drawings, computations, specifications, etc., insofar as they are complete and acceptable to the City, and pay the Consultant such equitable proportion of the total remuneration as the work satisfactorily done by the Consultant at the time of such discontinuance bears to the whole of the work required to be done by the Consultant under the terms of this Agreement. 1131959v1 80078/0012 2 JH- S:05 -g (updated 021908 [EBrev. to 3Bonly.2008- 06 -20]) 8. CORRECTION OF WORK. The performance of services or acceptance of information furnished by Consultant shall not relieve the Consultant from obligation to correct any defective, inaccurate or incomplete work subsequently discovered and all such work shall be remedied by the Consultant on demand without cost to the City. 9. DELAYS AND EXTENSIONS. The Consultant will be granted time extensions for delays beyond the Consultant's control. Time extensions will be equal to the length of the delay or as otherwise agreed upon between the Consultant and the City. In such event, compensation as set forth in the Scope of Work shall be subject to renegotiation upon written demand of either party to the Agreement. 10. RECORDS OF PERFORMANCE. Consultant shall maintain any ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law make these records available for inspection, audit, and copying by the City. All data, documents, discussions, or other information developed or received by or for Consultant in performance of this Agreement are confidential and not be disclosed to any person except as authorized by City or as required by law. 11. SUBCONTRACTING. None of the services covered by this contract shall be subcontracted without the prior written consent of the City. In accordance with Government Code Section 7550, Consultant agrees to state in a separate section, of any filed report the numbers and dollars amounts of all contracts and subcontracts relating to preparation of the report. 12. ASSIGNMENT. The Agreement shall not be assigned by the Consultant in whole or in part, without the written consent of the City. 13. INDEMNIFICATION. A. Consultant agrees to indemnify, hold harmless and release the City, its officers, agents, and employees, from and against any and all actions, claims, damages, disabilities, or the cost of litigation and attorney's fees that are asserted by any person or entity to the extent caused by the negligent acts or omissions or willful misconduct in the performance by the Consultant hereunder, whether or not there is concurrent negligence on the part of the City. This indemnification obligation is not limited in any way by and limitation on the amount or type of damages or compensation payable to or for Consultant or its agents, under workers' compensation acts, disability benefits acts or other employees' benefits acts. B. Consultant shall be liable to City for any loss of or damage to City arising from Consultant's negligence or willful misconduct. 14. INSURANCE. Without limiting consultant's indemnification provided herein, Consultant shall comply with the requirements set forth in Exhibit C to this Agreement. 1131959v 1 80078/0012 3 JH- S:05 -g (updated 021908 [EBrev. to 3Bonly.2008- 06 -20]) 15. STANDARD OF CARE. City relies upon the professional ability of Consultant as a material inducement to entering into this Agreement. Consultant agrees to use reasonable care and diligence in its profession in rendering services under this Agreement. Consultant agrees that the acceptance of his work by City shall not operate as a waiver or release of said obligation of Consultant. The absence, omission, or failure to include in this Agreement, items which are normally considered to be a part of generally accepted professional procedures or which involve professional judgment shall not be used as a basis for submission of inadequate work or incomplete performance. 16. LITIGATION SUPPORT. Consultant agrees to testify at City's request if litigation is brought against City in connection with Consultant's report. Unless the action is brought by Consultant or is based upon Consultant's negligence, City will compensate Consultant for the preparation and testimony at Consultant's standard hourly rates, if requested by City and not part of the litigation brought by City against Consultant. . 17. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 18. CONFLICT OF INTEREST. Consultant (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this contract or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. 19. STATEMENT OF ECONOMIC INTEREST. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of Rohnert Park disclosing Consultant and /or such other person's financial interests. 20. MERGER. This Agreement shall constitute the entire Agreement between the parties and shall supersede any previous agreements, whether verbal or written, concerning the same subject matter. No modification of this Agreement shall be effective unless and until evidence by a writing is signed by both parties. 11319590 80078/0012 4 JH- S:05 -g (updated 021908 [EBrev. to 3Bonly.2008- 06 -20]) 21. DEFAULT. If Consultant should fail to perform any of his obligations hereunder, within the time and in the manner herein provided or otherwise violate any of the terms of this Agreement, City may terminate this Agreement by giving Consultant written notice of such termination, stating the reason for such termination. In such event, Consultant shall be given opportunity to correct any failure or default within 14 days. If Consultant fails to make corrections to the satisfaction of the City, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided however, that the City shall deduct from such amount the amount of damage, if any, sustained by City by virtue of the breach of the Agreement by Consultant. 22. NO WAIVER OF BREACH; TIME. The waiver by either party of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement. Time is of the essence in carrying out the duties hereunder. 23. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in third parties. 24. ATTORNEY FEES APPLICABLE LAW AND FORUM. In the event either party brings an action or proceeding for damages arising out of the other's performance under this Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to recover reasonable attorney fees and costs as part of such action or proceeding, whether or not such action or proceeding is prosecuted to judgment. This Agreement shall be construed and interpreted according to California law, and any action to enforce the terms of this Agreement or for the breach thereof shall be brought and tried in the County of Sonoma. 25. INDEPENDENT CONTRACTOR. The parties intend that Consultant, in performing the services specified herein, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. Consultant is not to be considered an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides its employees. In the event City exercises its right to terminate this Agreement, Consultant expressly agrees that he /she shall have no recourse nor right of appeal under rules, regulations, ordinances or laws applicable to employees. 26. TAXES. Consultant agrees to file tax returns and pay all applicable taxes on amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay such taxes and other obligations, including, but not limited to, state and federal income and FICA taxes. Consultant agrees to indemnify and hold the City harmless from any liability which it may incur to the United States for to the State of California as a consequence of Consultant's failure to pay, when due, all such taxes and obligations. 1131959v1 80078/0012 $ JH- S:05 -g (updated 021908 [EBrev. to 3Bonly.2008- 06 -20]) 27. EMPLOYMENT PRACTICES. Consultant shall not discriminate in its performance under the Agreement either directly or indirectly on the grounds of race, color, religion, sex, age, national origin, or other prohibited grounds in its employment practices, and shall take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin, or other prohibited grounds. 28. COMPLIANCE WITH LAW. Consultant shall comply with all applicable federal, state and local laws, rules and regulations affecting the Consultant and his/her work hereunder. Consultant represents and warrants to City that Consultant has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice Consultant's profession and to do the work hereunder. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his/her profession and do the work contemplated by this Agreement. 29. TITLE TO DOCUMENTS. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products prepared by the Consultant under the Agreement shall be vested in the City, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the City without restriction or limitations on use. Consultant may retain copies of the above - described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement or until ninety (90) days after receipt of final payment from City. 30. INTERPRETATION. Notwithstanding the fact that one or more provisions of this Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be interpreted as though they were a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 31. EXECUTION. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 32. AUTHORITY. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms. 11319590 80078/0012 6 JH- S:05 -g (updated 021908 [EBrev. to 3Bonly.2008- 06 -20]) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF ROHNERT PARK: By: / Name: (Date) Title: Per Resolution No. adopted by the City Council on September 23, 2008 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CONSULTANT: By: / Name: (Date) Title: By: / Name: (Date) Title: 1131959v] 80078/0012 7 JH- S:05 -g (updated 021908 [EBrev. to 3Bonly.2008- 06 -20]) EXHIBIT "A" SCOPE OF WORK I�rl 11 SCHEDULE OF PERFORMANCE 1131959v 1 80078/0012 $ JH- S:05 -g (updated 021908 [EBrev. to 3Bonly.2008- 06 -20]) ?�i�R����� ��r`a Section C I Approach & Work Plan he City of Rohnert Park (City) is undertaking a water quality study that will provide baseline water quality information to support the upcoming Creeks Master Plan, as well as providing an analysis of hurnan markers to determine if human wastewater is present in selected watercourses. Rohnert Park is Iocated in the southern portion of Sonoma County, within the 42 2/2 square -mile Southern Laguna Watershed. Five channelized creeks flow through Rohnert Park: Cook /Coleman, Five, Crane, Hinebaugh, and Cope- land. As shown in the figure on the following page, these creeks are marked by high densities of stormwater outfalls, and are lined by several known human encampments. In addition, the sewer collection system runs adjacent to and crosses these creeks at multiple locations. The 2006 Clean Water Act Section 303(d) List of Water Quality Limited Segments lists the Laguna de Santa Rosa as impaired for sediment, nitrogen, phosphorus, tempera- ture, mercury, and dissolved oxygen. The total maximum daily load (TMDL) for ammonia and dissolved oxygen (DO) completed in 1995 attributed ammonia concentrations to a variety of point and non -point sources and low DO con- centrations to algal decay, ultimately caused by nutrients stimulating algal growth and subsequent die -off. Since completion of the TMDL, nutrient loading to the Laguna de Santa Rosa has been significantly reduced, yet DO levels in the Laguna continue to fall below the Basin Plan objective of 7.0 mg /L, and the cause of the continued low DO concentra- tions is unknown. It is suspected that elevated phosphorus concentrations could contribute to low DO concentrations. However, recent measurements suggest that, based on ni- trogen to phosphorus ratios, nitrogen may be the limiting nutrient in the system. To address these impairments, it is expected that TMDLs will be developed for the Laguna de Santa Rosa addressing nitrogen and phosphorus, sediment, temperature and mercury. To -date, minimal water quality data has been collected within the City of Rohnert Park, with the most notable excep- tion being the Russian River First Flush data collected from 2002 through 2007, as well as pesticide data collected in 2004 and 2005. Available water quality data collected to -date is summarized in the following map. The City of Rohnert Park is underway with the initial stages of developing a Creeks Master Plan. The Creeks Master Plan will focus on watershed health, and should generate information that can be used to support development and review of the TMDLs pending for the Laguna de Santa Rosa. To date, minimal zoater - quality data has been collected in Rohnert Park. On June 6, 2005 Northern California River Watch (NCRW) provided the City with a Notice of Violations and Intent to File Suit under Section 505 of the Federal Water Pollu- tion Control Act, claiming that the City's creeks are con- taminated with- human wastewater. NCRW and the City reached a settlement, which included a stipulation that the City would prepare a water quality study including a rea- sonably comprehensive and technically competent analysis of human markers to determine if human wastewater is present in waters of selected surface watercourses. As part of this study, data and information will be collected that can later be used to support the City's Creeks Master Plan. Water Quality Study for the City of Rohnert Park ■N` f, r ::': 4 �c '..... ook Gee D 0 0.5I - Five Creek h,��_ Crane Creek A.� �.a. } ;�� _', l oP 3tk eek �j( TOVi Y V, _ Tmv.i �. r LCC4 _ LCC4 •.a, �t° r( - H2O A ® First Flush Sampling Stations - 2002 —_ Stream �a9ena A e C3 Southern Laguna Watershed ° ^ N Sewer Rohnert Park To date, minimal zoater - quality data has been collected in Rohnert Park. On June 6, 2005 Northern California River Watch (NCRW) provided the City with a Notice of Violations and Intent to File Suit under Section 505 of the Federal Water Pollu- tion Control Act, claiming that the City's creeks are con- taminated with- human wastewater. NCRW and the City reached a settlement, which included a stipulation that the City would prepare a water quality study including a rea- sonably comprehensive and technically competent analysis of human markers to determine if human wastewater is present in waters of selected surface watercourses. As part of this study, data and information will be collected that can later be used to support the City's Creeks Master Plan. Water Quality Study for the City of Rohnert Park m 1:N N 0 0 ti JQ I co iL cLo 05 CL E co = E LO o\ C� CD LO 0 tx) 6 C�j LO cj CN 0 Lo C14 in c< C. LO 0 i- o N to t- q N M CO m CO E CD V) Co Co fu Cc: 0 C(i 0 1 12 r- 0 " , I I C� L� 1� L� ( D, L� 1� L� C� L�) �!�' Lf) CL Lu 0 65 U) W 1-- o t� U-) C3 LO cq to t- U.) r� CD ol CN m CD to r- o 12 / > u \ \ / / �� � � � � � � C5 m 1:N N 0 0 ti JQ I The RMC /SRCD team has identified a multi -step approach to identifying and resolving potential issues early before they address this requirement, as shown in the following figure. delay the project schedule. The study will be completed through implementation of the following three steps: Step 1: Study Refinement and Program Preparation. Prior to initiating the project, the team will meet with key City staff to review the proposed approach, study plan, and monitor- ing program and make any necessary modifications. The Comprehensive Critical Path Scheduling. RMC establishes com- prehensive baseline schedules that are reviewed and updated at least monthly in concert with our monthly progress re- ports. We also generate "look- ahead" schedules that identify upcoming activities, key milestones and decisions that are critical path for project completion. Step 1 Step 2 Step 3 Study Refinement Water Quality Study Data Analysis & Program Preparation Implementation & Report Development a rrturci -saep approach to achieve the UltJ s objectives. Sotoyome Resource Conservation District (SRCD) currently has a Quality Assurance Project Plan (QAPP) in place that has been approved by the State Water Resources Control Board (SWRCB). If necessary, the QAPP will be modified to accommodate the refined study design. Step 2: Water Quality Study Implementation. The bulk of the study will proceed as part of this step, which will in- volve implementing the water quality study as refined in Step 1. Details of the anticipated study design are provided later in this section under the Study Design heading. Step 3: Data Analysis and Report Development. Following completion of the water quality study, the RMC team will de- velop a report summarizing the approach and study results. Throughout the project, RMC will implement our proven project management approach to ensure all the tasks are coordinated and deliverables are submitted on schedule. Key strategies we have successfully implemented in the past include the following. Frequent Communication with Project Team. Frequent communi- cation with the client and team members and sound project execution techniques ensure a "no surprises" outcome for RMC's projects. Throughout the project, we will use confer- ence calls, monthly progress meetings and other communi- cation to ensure the project team is coordinated to facilitate Water Quality Study for the City of Rohnert Park Management Tools. RMC uses several management tools to ensure that high quality deliverables are submitted on time and within budget. We use an integrated business solutions software (Deltek Vision ®) which enables our project managers to track projectcosts, schedule and earned value for each project in real time. With this information, we can proactively imple- ment any adjustments needed to manage cost and schedule. QAlQC Program Project Accounting Budgeting ti DO,umentllntemet Access Cost Estimating RMA'fools GIS Standards Reporting Scheduling Our integrated project management tools provide a "no surprises" outcmne for our projects. Quality Assurance /Quality Control. RMC has an established company -wide quality assurance program that must be implemented for all projects. Elements of RMC's QA /QC Program include: 0 Senior Technical Approach Review (STAR) Workshops. At the early stage of project development, RMC conducts a workshop with senior technical staff to ensure the project team is taking an appropriate approach to completing the technical work. M Project Audits. Senior managers at RMC conduct project audits to ensure they are being executed in a timely and efficient manner. 2 Quality Control Reviews. All work products must un- dergo peer or senior review prior to being submitted to the client. STUDY DESIGN There are two primary ways in which failures of the City's collection system could cause human fecal contamination of the City's watercourses: sanitary sewer overflows (overland flow of wastewater to creeks) and exfiltration (subsurface release of wastewater through joints, cracks or defects in t Sanitary sewer overflows (SSOs) occur when the capacity of the collection system is exceeded by the flow in the system. As a result, the system backs up and overflows, causing re- lease of untreated wastewater into the environment. Over- flows can escape through manholes, causing wastewater to spill to adjacent areas. SSOs. are generally most likely to occur during heavy rainfall, when infiltration of storm - water into sewer lines significantly increases the volume of wastewater being conveyed. SSOs may also be caused by rupture or blockage of collection system infrastructure, malfunction of pumping station lifts or electrical power failure, and other issues. Because SSOs can escape through manholes, this type of collection system failure is observ- able. Known SSOs occurring since 2000 are displayed on the figure on the following page. As shown on that figure, SSOs have traditionally occurred in areas with relatively small diameter sewer lines. It is expected that these SSOs were the result of excessive infiltration and inflow, result- ing in wastewater flows exceeding the conveyance capacity of the system. The City is currently developing a Sewer System Manage- ment Plan (SSMP) and Sewer Lateral Outreach Program which will include measures tailored to reducing this type of failure. I ,zrre «re [Ulu prunary ways in wmcn collection system failures can contaminate adjacent creeks: SSOs and exfiltration. Water Quality Study for the City of Rohnert Park q Wilfred Creek A _ i&rrt FE�I�.....�� 0 0.15 0.3 0.6 !!T c'r: �` . -.. ro4R.k, CreeK Miles +;•�- --^r;' `�' N Crane Cmek Lc O Cope a ek IC =. y, ® SSO {1212000 to 04/2005) Sewer Pipeline 10 -12- -�, Stream Diameter (in) 12-16 Southern Laguna Watershed —0-6 •- 16 - 18 Street --6-8 —18-21 iW Rohnert Park _-8-10 21-30 SSUs have Historically occured most in areas with small diameter lines The second way in which the City's collection system may cause human fecal contamination of the City's water- courses is through exfiltration. Exfiltration is caused when wastewater leaks through joints, cracks or other defects in sewer lines. Causes of exfiltration are similar to those of SSOs; however, instead of causing the system to overflow through a manhole or back up into private laterals, waste- water escapes through Ieaks in the sewer Iines and can contaminate subsurface soil and eventually surface water. Exfiltrated wastewater can now along preferred pathways within the sewer trench and out to a surface water body: The RMC team has developed a multi -phase approach to assess- ing water quality in the City's creeks to determine whether collection system failures are contributing to contamination of the City's watercourses. The initial assessment phase includes ambient water quality monitoring for human markers to directly respond to the request outlined in the settlement agree- ment. This assessment can be used to show whether the City's creeks exhibit evidence of human fecal contamination potentially resulting from sewer exfiltration or overflows. However, this approach will not definitively demonstrate that any human indicators observed in the City's creeks originate in the collection system. The presence of markers —even human - specific markers —could originate from multiple human sources, including incidental runoff of recycled water, recreation activities, and human encampments. Be- cause there are multiple potential human sources of these markers along the creeks being assessed in this study, their presence does not clearly indicate a deficiency in the waste- water collection system. - An increase in observed markers of human fecal contamination will be used. as evidence that fecal contamination is occurring along that stream segment. In order to definitively conclude whether or not the observed human fecal contamination originates from the collection system, RMC is proposing an optional, second phase of as- sessment. This phase, if selected, would involve performing a dye tracer study in specific areas of the collection system to demonstrate whether wastewater from the collection system is reaching the creeks. This approach, while not a traditional human marker study, would provide a conclusive determina- tion of whether human fecal contamination observed through the water quality assessment originates from the sewer col- lection system or from other potential sources, including human encampments along the creeks, stormwater runoff, or recycled water runoff. This optional phase of work would provide definitive evidence that the observed contamination originated from the City's collection system. Each phase is described in further detail below. Anticipated monitoring locations, water quality analyses, tracers, and timing are provided. These assumptions would be reviewed and modified in conjunction with the City of Rohnert Park and NCRW to ensure acceptance of the proposed Study Design prior to program implementation. A tracer study could be implemented to reveal collection system deficiencies. Water Quality Study for the Cihj of Rohnert Park Human marker Assessment The human marker assessment will involve developing and implementing a detailed Water Quality Monitoring Plan. This process is described in further detail below. Develop Water Quality Monitoring Plan As part of this step, monitoring locations and timing will be identified and human marker and baseline water qual- ity parameters will be selected. Identifying Monitoring Location's and Timing As described previously, the most likely modes of collec- tion system failure Ieading to contamination of the City's watercourses are SSOs and exfiltration. Due to the nature of these events, they are most likely to result in smaller - diameter lines, which are more likely to be stressed under high rainfall conditions. In addition, contamination is most likely to occur when SSOs or exfiltration occurs in locations adjacent to —and locations crossing —the City's watercourses. The majority of the City's soils are classified as Clear Lake clay, which has low permeability. Patches of Clear Lake clay loam are found along the eastern portion of the City along Crane, Hinebaugh, and Copeland Creeks. While higher in permeability than Clear Lake Clay, Clear Lake clay Ioam soils are similarly marked by low permeability. As a result, soil type is not expected to be a significant factor increasing the risk of contamination from the collection system. In reviewing the City's existing sewer system, four stream segments have been identified as high risk for potential contamination based on the proximity of small - diameter sewer lines, sewer crossings, historic SSOs, and soil type. These stream segments, and candidate monitoring loca- tions at upstream and downstream locations along these stream segments, are shown in the following figure. Actual monitoring sites will be selected in conjunction with City staff. Prior to finalizing the fist of monitoring locations, .t . -r c`w�'4 � �a. .T ✓). -"! s'�i��:u��t`�'O �d o g d 0 � A potential sites will be visited to confirm accessibility and safety for monitoring; should any potential sites be deter- mined to be inaccessible or unsafe for monitoring, alternate sites will be selected. During each monitoring event, samples will be taken at the predetermined monitoring locations upstream and downstream of high -risk stream segments. Monitoring will be conducted in accordance with the SRCD's QAPP, as updated to accommodate this study. Quality assurance samples will also be collected in accordance with the QAPP. Three monitoring events will be conducted as part of the human marker study: 0 One monitoring event (HM /BL #1) will occur in the early wet weather season, following first flush. The goal of monitoring in the early wet weather season is to identify human fecal contamination occurring as a result of SSOs occurring prior to implementation of the study. This monitoring event should occur during a significant storm event, following the first storm event of the season. Weather will be monitored continuously prior to determining whether to moni- tor for a given storm. The decision to monitor will be made in conjunction with SRCD and the City. It is anticipated that this monitoring event will occur in November or December of 2008. N 0 0.75 0.3 0.6 ,� _ ® Potential Monitoring Location Soil Type Permeability 1,bo High Risk Stream Segment Clear Lake Clay [:] <05 cm/hr Stream Clear take Clay Loam 0.5 -9.5 cm/hr Sewer3 Haire Fine Sandy Loam 1.5 -5.0 cm/hr Street Huichica Loam >5.0 cm /hr C3 Southern Laguna Watershed Ed Pleasanton Clay Loam Q Rohnert Park 901 River Wash M Zamora Silty Clay Loam Potential monitoring locations have been identified upstream and down- stream of high -risk stream segments Water Quality Study for the City of Rohnert Park >'C` 4 2 0 One monitoring event (HM /BL #2) will take place during a major storm later in the wet season (an- ticipated to occur in January or February of 2009) to capture typical wet weather conditions. 0 One monitoring event (HM /BL #3) will take place during dry weather. If possible, this sample will be collected in late fall of 2007, following finalization of the Water Quality Monitoring Plan and update of the QAPP. However, if wet weather begins prior to completion of the Water Quality Monitoring Plan and QAPP, this sample will be deferred until late spring. Late spring will be targeted to allow time to include the results of that monitoring event in the final report. Ideally, this sample would be collected following a period of greater than 21 consecutive days without precipitation. Should that condition not occur during the study period, the sample will be collected in early May of 2009 to allow time to incorporate the analytical results into the project findings. Following each monitoring event, samples will be analyzed for the selected human marker as well as for baseline water quality parameters. In addition to the monitoring events outlined above which are tailored to support the human marker study, additional sampling events will be added to supplement available baseline water quality data and support TMDL development. These monitoring events will occur during the following approximate timeframes: One monttor►ng`ever%tl(BL #1} wlltoccur during 0 =$ a'n ri t..:rr'ii event =►n One,monitoring.event(BL #2) will occur during a`noa4g.r.rn event. in. January of 2009.;, One monitonng event {BL #3) wil! occur tlunng anon stofm event:ln March of 2009` Monitoring locations for these baseline monitoring events will be determined in conjunction with SRCD and City staff. These locations may be the same as those identified for the human marker / baseline water quality monitoring. Alternatively, upstream and downstream locations may be selected to give a greater sense of the distribution of water quality parameters city -wide. The following figure identi- fies potential sites for baseline water quality monitoring. Prior to finalizing the list of sites for baseline monitoring, potential sites will be visited to confirm accessibility and safety for monitoring. Selecting Human Marker and Baseline !later Quality Parameters A variety of parameters have been used to confirm fecal contamination in ambient waters. Several of these param- eters, along with their potential sources and relative cost, are presented in a table on the following page. N 3. 0 0.75 0.3 0.6 hfilpg A4 F—J u ssa0e ice' Potential Baseline Subwatersheds Crane Creek Water Quality Bell -W Channel Monitoring Locations E] Five Creek ti Stream Coleman Creek Hinebaugh Creek Southern Laguna Cook Creek E] Laguna de Santa Rosa Watershed El Copeland creek WIfed Channel N Sewer / Street (2 Rohnert Park Potential baseline monitoring locations have been identified to support the Creeks Master Plan and TM DL development_ Summar of Potential Human Markers S Based on a preliminary review of the reliability of potential markers, capabilities of local laboratories, and relative cost of various analytes, F+ coliphage genotyping is recom- mended a s the preferred h huma n marker. The 'de termina- tion of what human marker is used for this study will be made in conjunction with City staff as part of refining the monitoring program. Water Quality Study for the Cihj of Rohnert Park 7 ; In addition to collecting information to support the human marker study, the City is interested in collecting informa- tion to be used to support the Creeks Master Plan as well as upcoming TMDLs. In addition to monitoring for the se- lected human marker, it is anticipated that monitoring and analysis will be performed for the following parameters at a minimum: Monitoring will be conducted in accordance with SRCD's QAPP, as updated to accommodate this study. All samples will be collected as grab samples using standard collection methodologies at midstream and mid - depth. If necessary, samples will be treated in the field, and all samples will be delivered to the appropriate analytical laboratories for analysis within appropriate hold times. Temperature, pH and dissolved oxygen measurements will be taken in the field at the time of sample collection. Chain of Custody (COC) forms will be developed and maintained in accordance with SRCD's QAPP. Dye Tracer Assessment (Optional) The dye tracer assessment would involve developing and implementing a detailed Tracer Study Plan. This process is described in further detail below. Nitrate Water quality data collected downstream on the Laguna de Santa Rosa reveals concentrations of several metals in excess of the water quality objectives established for these param- eters by the National and California Toxics Rules. In addition, as described above, the Laguna de Santa Rosa is 303-4 listed for elevated mercury concentrations. The City may elect to include monitoring and analysis for those parameters as part of its baseline data collection effort as well. Implement Water Quality Monitoring Plan During each predetermined monitoring event, samples will be taken at the preselected monitoring locations upstream and downstream of high -risk stream segments, according to the monitoring plan. Water Qualihf Study for the City of Rohnert Park Potential Human Markers Parameter. De's crtpt�on Haman potential Sources C 0 t: Utility as Marker specific? Alkaloid that acts as a Stormwater, wastewater, Low — not human- specific; Caffeine stimulant and mild diuretic No recycled water, homeless $$$ relatively expensive; large encampments number of potential sources MBAS ` Jndustry standard measure of (methylene blue Stonmwater wastewater No reeycledn�ater homeless $$ Low :not human specific large _ active substance _ anron�c detergents ...:. " encampments number of po tent�al sources Subset of coliform bacteria Stom3water, wastewater, Fecal. coliform present in feces and intestinal No recycled water, homeless $ Low— not human - specific;. large tracts of warm- blooded animals encampments number of potential sources Ob6gafeanaerobes found 13acteroides : in feces anim al rum ens and frag�lts B Stormwater wastewater - Low not human speaf c (unless :; (13 - other cavi #res wl1ii animals :. No recycled wafer, homeless , . $$ performm geno ping) 'large 9 prevo #ella) and humans encampments number of potential sources phage Genotyping to identify phages Yes Wastewater, recycled water, $$$ High - presence. confirms human genotyping infecting human E Coli homeless encampments fecal contamination In addition to collecting information to support the human marker study, the City is interested in collecting informa- tion to be used to support the Creeks Master Plan as well as upcoming TMDLs. In addition to monitoring for the se- lected human marker, it is anticipated that monitoring and analysis will be performed for the following parameters at a minimum: Monitoring will be conducted in accordance with SRCD's QAPP, as updated to accommodate this study. All samples will be collected as grab samples using standard collection methodologies at midstream and mid - depth. If necessary, samples will be treated in the field, and all samples will be delivered to the appropriate analytical laboratories for analysis within appropriate hold times. Temperature, pH and dissolved oxygen measurements will be taken in the field at the time of sample collection. Chain of Custody (COC) forms will be developed and maintained in accordance with SRCD's QAPP. Dye Tracer Assessment (Optional) The dye tracer assessment would involve developing and implementing a detailed Tracer Study Plan. This process is described in further detail below. Nitrate Water quality data collected downstream on the Laguna de Santa Rosa reveals concentrations of several metals in excess of the water quality objectives established for these param- eters by the National and California Toxics Rules. In addition, as described above, the Laguna de Santa Rosa is 303-4 listed for elevated mercury concentrations. The City may elect to include monitoring and analysis for those parameters as part of its baseline data collection effort as well. Implement Water Quality Monitoring Plan During each predetermined monitoring event, samples will be taken at the preselected monitoring locations upstream and downstream of high -risk stream segments, according to the monitoring plan. Water Qualihf Study for the City of Rohnert Park Develop Tracer Shady Plan A Draft Tracer Study Plan will be developed containing detailed information on the anticipated approach for per forming the tracer studies. This PIan would be developec with input from City staff as well as representatives fron the Santa Rosa Subregional System, and would present the selected tracer chemical; injection location and quantity tc be injected; and monitoring locations, sampling and analyti. cal methods, and timing. Upon, review of the Draft Trace Study Plan by City staff and representatives of the Sante Rosa Subregional System, the Plan will be finalized and implemented. Development of the Tracer Study Plan will involve identifying injection and monitoring locations and timing, as well as selecting the preferred tracer chemical. Identifying Injection and Monitoring Locations & Timing Following the second human marker /baseline water qual- ity monitoring event (HM /BL #2), the monitoring results of the HM /BL #1 and HM /BL #2 events will be reviewed. If data collected reveals human fecal contamination poten- tially originating from a collection system defect, analysis will be performed to determine whether the contamina- tion was likely to result from a known SSO in the vicin- ity of the stream segment within the prior 12 months. If no known SSO occurred in the vicinity of the suspected human contamination, the stream segment will be ana- lyzed to determine other potential non - collection system sources of human fecal contamination, including homeless encampments and recycled water runoff. If potential non- collection system sources of human fecal contamination are found, the stream segment will be targeted for a dye tracer study. A workshop will be held to review monitoring results with City staff and determine whether dye tracer studies should be performed along selected watercourses. If it is determined that a tracer study should be performed, it will be necessary to coordinate with the Subregional System to determine a preferred approach to implement- ing the program to avoid disruption. The SRCD's QAPP will be revised and updated as necessary to accommodate monitoring for the selected tracer chemical. For each stream segment targeted, GIS mapping of the sewer system will be reviewed in order to determine a high point in the collection system where dye tracer could be injected to flood the desired region of the collection system. Monitoring locations will be selected at points along the adjacent stream downstream of the sewer lines suspected of contaminating the watercourse. Because the majority of the City's soils are classified as CIear Lake clay or clay loam, which exhibit low permeability, it is anticipated that watercourse contamination occurring through exfiltration moves through preferential pathways such as sewer trenches, rather than slowly permeating through soil layers. As a result, it is anticipated that exfil- tration reaching the adjacent stream segment would move rather quickly, particularly during a wet weather storm event when the collection system is stressed. Monitoring for the tracer chemical will be conducted at the downstream locations at a maximum of hourly intervals beginning immediately following tracer injection. Data will be logged for a period of up to three weeks. Prior to the addition of the dye to the wastewater, an automatic fluorometer will be installed at a secure location near the stream in order to measure the concentration of dye found at a downstream location in the stream. The downstream location will be determined in conjunction with selection of the upstream dye addition .location and both locations will be clearly identified in the final Tracer Study Plan. The fluorometer will be programmed to collect samples at pre- determined intervals and continuously log the data until the unit is retrieved. Selecting Tracer Chemical A variety of potential tracer chemicals could be used to perform collection system testing. Two commonly used tracer chemicals are rhodamine WT and fluorescein. Both chemicals fluoresce, are visible to the naked eye in low concentrations, and can be monitored using a fluorometer. Rhodamine WT and fluorescein are non -toxic to humans and aquatic Iife, and are routinely used in tracer study ap- plications. The decision of whether to use rhodamine WT or fluorescein will be made in conjunction with City staff and staff of the Santa Rosa Subregional System, and will primarily be based. on detection limits, local chemical avail- ability, cost, and avoidance of impacts to the Subregional System. Implement Dye Tracer Study During the predetermined monitoring event, tracer chemi- cal will be injected into the collection system at the selected Iocations. Monitoring will be conducted in. accordance with the SRCD's QAPP, which will be updated as needed to. accommodate this study. All samples will be collected as grab samples using standard collection methodologies at midstream and mid - depth. Work Plan and Schedule RMC has identified the following tasks to complete the scope of work for this project. A detailed schedule is pro- vided following the task descriptions. Task 1- Study Refinement and Program Preparation RMC will prepare for and facilitate a meeting with City staff to refine the Study Design outlined in Section A, in- cluding determination of monitoring locations, parameters to be analyzed (human marker and baseline water quality parameters) and timing of sampling. A Draft Water Qual- ity Monitoring Plan will be developed containing detailed information on monitoring locations, timing, sampling and analytical methods; the Draft Water Quality Monitoring Plan will be finalized based on comments received from he City. If necessary, staff from SRCD's will visit each po- tential monitoring location prior to including that location n the Monitoring PIan. Water Quality Study for the City of Rohnert Park C9 f ^ .. fix.., _ -s ar � .gal- -� 1'•r,�'�i� k w � s s , a e '� , SRCD's QAPP will be updated if necessary to cover sampling and analysis presented in the Monitoring Plan. Deliverables: 1. Study Design Refinement Meeting with key City staff, including agenda, meeting materials, and meeting notes 2. Site visits to potential monitoring locations 3. Draft and Final Water Quality Monitoring Plan 4. Revised QAPP Assumptions: I . All documents will be provided electronically 2. Site visits to confirm monitoring Iocations will be performed in one day 3. The updated QAPP will not be reviewed and approved by the State Water Resources Control Board (SWRCB) as part of this project 4. The City will provide RMC with comments on the Draft Water Quality Monitoring Plan within two (2) weeks of receipt of the Draft Plan Schedule: The schedule for this task is dependent upon receipt of Notice to Proceed (NTP). Assuming NTP is received on or before September 1, 2008, all work on this task will be com- pleted prior to October 27, 2008. Specific deliverables will be completed on or before the following target dates: Task 2 - Water Quality Study Implementation The bulk of the project will proceed as part of this task, which will involve implementing the Water Quality Monitor- ing Plan developed in Task 1. SRCD will collect water qual- ity samples at the locations and times dictated in the Water Quality Monitoring Plan. Sample collection and analyses will be performed in accordance with the standard procedures identified in the revised QAPR Copies of Chain of Custody forms and data summaries will be provided to the City as evidence of completion of each monitoring event Because it is anticipated that some water quality sampling events will be designed to coincide with storm events, the Water Quality Monitoring Plan will be unable to define precise dates and times for all monitoring events. For those monitoring events designed to coincide with storm events, the RMC /SRCD team will coordinate closely with City staff prior to predicted storm events to secure agreement that a particular storm event should be targeted prior to collecting samples during that event. Deliverables: 1. Water Quality Monitoring Data 2. Copies of Chain of Custody forms and data summaries corresponding to each monitoring event 3. Coordination with City staff prior to selecting storm events for monitoring Assumptions: 1. Coordination with City staff will be conducted electronically (phone and / or email) 2. When monitoring events are designed to coincide with storm events, the City will provide written approval via email authorizing sample collection during specific projected storm events prior to monitoring being conducted 3. Copies of Chain of Custody forms and data summaries corresponding to each monitoring event will be provided electronically. 4. Data summaries will be limited to information provided by the analytical laboratory, and will not include additional analysis 5. Combined human marker and baseline water quality monitoring is assumed to occur at a maximum of eight (8) locations during three (3) monitoring events 6. Baseline water quality monitoring independent of human marker monitoring is anticipated to take place at a maximum of six (6) locations during three (3) monitoring events Schedule: This task is anticipated to commence following completion of Task 1 and be completed prior to June 30, 2009. Task 3 - Data Analysis and Report Development This task will involve compiling and analyzing the data collected in Task 2 to determine whether human fecal con- tamination is observed along targeted watercourses. RMC will develop a Draft Human Marker Study Report, which will include a summary of the Study Design and Monitor- ing Plan, data collected, conclusions, and findings to be in- corporated into the City's Sewer System Management Plan. In addition, the report will include a summary of baseline water quality data collected and preliminary analysis of the data, including overall observed water quality condi- tions and potential sources contributing parameters of con- cern. All data collected and work generated as part of the project will be included as appendices to the report. The Draft Human Marker Study Report will be finalized based on City comments. Deliverables: 1. Draft Human Marker Study Report 2. Final Human Marker Study Report Assumptions: 1. The Draft Human Marker Study Report will be distributed eiectr 11 onzca y Water Quality Study for the City of Rohnert Park ....�.�....` .. � - -� ....`.. -�.� 2. Six (6) printed copies and an electronic copy of the Final Human Marker Study Report will be produced 3. The City will provide RMC with comments on the Draft Human Marker Study Report within three weeks of receipt of the Draft Report Schedule: This task is anticipated to begin in April of 2009. The Draft Human Marker Study Report will be completed prior to June 11, 2009. The Final Human Marker Study Report wiII be completed prior to July 9, 2009. Task 4 - Project Coordination and Quality Assurance/ Quality Control This task involves the coordination and communication between the RMC -SRCD team and the City of Rohnert Park throughout the duration of the project, and the Quality As- surance /Quality Control (QA /QC) activities for project de- liverables. An initial kickoff meeting will be held with the Project Team to confirm overall approach, data needs and schedule. All project deliverables will be reviewed prior to submittal to the City. RMC will also provide the City with monthly project status reports. Deliverables: 1. Project Kickoff Meeting, including agenda, meeting materials and meeting notes 2. Monthly Status Reports Assumptions: 1. None Schedule: This task will commence following NTP and will continue for the duration of the project, anticipated to be completed by July 31, 2009. Task 5 -- Dye Tracer Assessment (Optional) This task includes developing and implementing a detailed Tracer Study Plan. As part of this step, injection and moni- toring Iocations and timing will be identified and a tracer chemical will be selected. A Draft Tracer Study Plan will be developed containing detailed information on the anticipated approach for per- forming the tracer studies. This Plan will be developed with input from City staff as well as representatives from the Santa Rosa Subregional System, and will present the se- Iected tracer chemical; injection location and quantity to be injected; and monitoring locations, sampling and analytical methods, and timing. Upon review of the draft Tracer Study Plan by City staff and Subregional System representatives, the Plan will be finalized and implemented. Prior to injecting the preferred dye into selected collection system locations as dictated by the Tracer Study Plan, fluo- rometers will be set up at two locations to continuously log the concentration of dye in the stream for the duration of up to three weeks. Data will be collected at the end of the sampling period. Results will be analyzed and presented in a draft Tracer Study Report, which will be finalized based on comments from the City. Deliverables: 1. Meeting with City staff to select watercourses for tracer studies, including agenda, meeting materials and meeting notes 2. Site visits to potential monitoring Iocations 3. Draft Tracer Study Plan 4. Final Tracer Study Plan 5. .Revised QAPP 6. Water Quality Monitoring Data 7. Draft Tracer Study Report 8. Final Tracer Study Report Assumptions: 1. GIS mapping of the sewer system will be available and complete and accurate enough to make location selections for addition of dye 2. Draft and Final versions of the Tracer Study Plan will be provided electronically 3. Revised QAPP will be provided electronically 4. All site visits to confirm monitoring locations will be performed in one day 5. The updated QAPP will not be reviewed and approved by the State Water Resources Control Board (SWRCB) as part of this project 6. The City will provide RMC with comments on the Draft Tracer Study Plan within two (2) weeks of receipt of the Draft Plan 7. Coordination with City and Santa Rosa Subregional System staff will be conducted electronically (phone and / or email) 8. Tracer studies will be performed on up to two (2) stream segments . 9. Monitoring will occur at up to two (2) locations, corresponding to one (1) downstream location along each of two (2) targeted stream segments 10. The Draft and Final Tracer Study Reports will be distributed electronically 11. The City will provide RMC with comments on the Draft Tracer Study Report within three weeks of receipt of the Draft Report Water Quality Study for the City of Rohnert Park Cr'11 Schedule: The schedule for this task is dependent upon timing of completion of the second human marker/baseline water quality monitoring event (HM/BL#2). Assuming HM/BL#2 is completed on or before February 1, 2009, all work on this task will be completed prior to May 30, 2009. Specific deliverables will be completed . on or before the target dates in the following table. ';Mesfing w�th:City'staffto selecf w�tefcourses for trader studies :February 17, 2449 - � • A detailed schedule for all work plan tasks is provided on the following page. BUDGET AND BILLING RATE SCHEDULE A detailed, task-based budget and schedule of charges for RMC and SRCD personnel are provided following the detailed schedule. Water Quality Study for the City of 9ohnert Park City of Rohnert Park Water Proposed Schedule Quality Study ID 1 Task Name Start Rohnert Park Finish Water Quality Study Mon 9111081 Fri 2126!1 0 Task 1 - Study Refinement and Program Preparation Mon 9/1108 i Mon 10127/08 Study Design Refinement Meetin 9 Mon 9!15108 I Mon 9/15108 Monitoring Location Site Visits Wed 9!17!08 I Wed 9117/08 i Draft Water Quaiit Monitorin Plan ................. ..._..._...._...._.....__._._.8 Y 9 Mon 911!08 Mon 9129!08 Final Nlater Quality Monitoring an Tue 10/14/081 Mon 10 /20/08 Revised QAPP -_._ Tue 9%30!08 : Mon 10/27/08 Task 2 - Water Quality Study implemeritaiion Tue 10128108' Fri 2126110 Water Quality Monitoring Tue 10/28108! ­ Tue 6%30!09 Y Coordination with Cit Staff on Storm Event Monitorin Wed T/1109 . Fri 2126/10 9' ................... .:... . Task 3 -Data Analysis and Report Develo meet - Y P p Wed 411/09 � Thu 7!9!09 Draft Human Marker Stud Report Y p Wed 4 /1'- /09: Thu 6/11%09 Final Human Marker Stud Re ort Y P u Fri 7!3/09 Th 719/09 Task 4 - Project Coordination and QA / QC Mon 911108 Fri 7131109 Project Kickoff Meeting Mon 911/08: Mon 9/1/08 - _....._..._....._. Monthly Status Reports _ ........................ _ Mon 911/08 ; Fri 7/31/09 Task 5 -Dye Tracer Assessment O (Optional) P j Tue 21171091 Thu 719109 Meeting with City Staff Tue 2117/09 Tue 2/17109 _....__...._..... . . . .2../..1...8../.0.._9 _ Monitoring Location Site Visits Wed 2/18.1.0..9 .' _ ._Wed Draft Tracer Study Plan Wed 2/18109: Mon 3/16109 Final Tracer Study Plan __.,,---- .._..._..._...._ _., ... _.._ __....... ----.. ....i..........._..- _.._.._.._. Tue 3/37/09: Mon 4!6109 Revised QAPP _....._._......_..,....._._ -- ..._._,.... Tue 3/17109; Mon 4/6/09 Tracer Stud Im lementation - •-_._._... _...- ....__......_..._......__ Y p Tue 4/7/09 Mon 5/4109 Draft Tracer Stud Re ort - Y p Tue 5!5/09 Tue 612/09 Final Tracer Study ort __ .... ......:...........-........_... Y p Wed 6/24/09: Thu 7/9/09 2009 2010 Au Se Oct Nov Dec Jan Feb Mar A r Ma Jun Jul JAuglSeplOct Nov Dec Jan Feb Mar Study Design gn R St ft e Refinement Meeting Monit Dring Location Site Visits IV c ® Project K' kofi' M t'ng is Meeting City +-IMeeting with l staff Monitoring Location Site Visits 2 3 _ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 T24 25 Project: Schedule Date: Fri 6/13108 Task i--- External Task I Milestone � s Split „„ Summary �W External Milestone r Progress Project Summary WMMMV Deadline �� EXHIBIT "B" COMPENSATION RATES AND CHARGES 1131959v1 80078/0012 9 JH- S:05 -g (updated 021908 [EBrev. to 3Bonly.2008- 06 -20]) RK M C Materand Environment City of Rohnert Park Water Quality Study Fee Estimate Tasks RM �..- cx ,z- y - teai@ 5✓.vSf6� tli: :, 6 9 % � ' f- : �Rrdiardson (Natsortr . KeAr%d �.. tiu hes y'�k n &� v�si �� .: s`-'. ;, h i L .: a . ' v�zs .,,,�,�, ,.��e. �1'foe ..,, � :.� � ...,:•. „: ..�.. r. ..,: :E ui merit 8! ' - -- tm 1st ,,.., ..,. ��z : -� vv 3: 'ry v:3 '�. : -�;. -. -� -.:- , - v?s... £n ee i �� t %_. i � •COStst t ; Chatrs cal i :: Fee , ,::: Study Design Refinement Meeting 2 2 8 8 4 Monitoring Location Site Visits 24 §4,710 - $141 $610 $280 $89 $5,830 Draft and Final Water quality Monitoring Plan 2 2 12 8 40 0 $0 50 $610 561 §671 Revised OAPP 2 2 2 64 511,390 §342 $840 $84 $12,656 Subtotal: Task t• ,.:,4 "i.. ,6 ..._: 22 ;,:, 18 , ,, 44-; .:. 0.' =: 6 $1,270 is 94 :$17,310 $36 iS619 $1,050 $105 $2,401 , , .- S0. :. 53;1]0 s$280 ;$339 ii$21,558 Water quality Monitoring 4 2 Coordination with City Staff on Storm Event Monitoring 4 2 6 §1,210 $36 $33,000 10,4 $10,430 $600 $4,403 549,679 u oa.as 6 $1,210 $36 §,4 $1,862 �.. r eve opmen Drag Human Marker Study Report 2 16 70 4 40 4 Final Human Marker Study Report 2 4 4 2 76 $13,580 $407 $560 $56 $14,603 u to a =: as 8 2 ..,, 22 54,020 $127 $280 $600 $86 $5,109 Task 4- Project Coordination and QA I QC Project Kickoff Me 2 2 8 4 Monthly Status Reports 4 20 $3,870 5116 $280 $28 $4,294 6 Subtotal Task 4: ',2 2 14 4 8 14 §2 030 '$5,900 $61 $700 $70 $2,861 ,4 8 �. 34 1 $177 1 so 1 $700 :'$280 1 $98 57,155 Meeting with City Staff 2 2 8 4 Monitoring Location Site Visits 8 24 $4,710 $141 $300 $30 55,181 Draft and Final Tracer Study Plans 4 2 12 8 8 $1,480 $qb $1,524 Revised gAPP 40 66 $11,860 $356 $12,216 Tracer Study Implementation 2 8 8 40 4 8 2 '' 1p0., !; 6 18 $3 §220 74 $13,210 22 $4020 :!212'- - ;:$38,500 3$1,166 $97 $4,870 §396 $121 $4,870 $487 +I $0 §8,674 $13,606 §4141 Draft Tracer Stud Report Y P 2 8 4 Final Tracer Study Report 2 4 4 2 4 Subtotal 10 OPTIONAL : 5:10 ';. 26 :: 48 22 r : $0 <I$300 ;1$517 ,:f$46 342 c 1. 2008 billing rates are shown. Labor charges are marked up a 3% Product, Technology and Communications charge. 2. Project Technology 8 Communication (PTC) Charge captures associated project costs which are not identifiable with one specific project. These costs include software, computers, printers,. copiers, plotters, supplies, communications (telephone different from other direct costs (ODCS) which include mileage, reprographics, delivery, etc. which are easily identifiable with one specific project. s, faxes, T1 lines), and technical publications. These costs are 3. Laboratory costs will be billed at actual cost plus 10 %. 4. Subconsultants will be billed at actual cost plus 10 %. 5. Other direct costs (ODCs) include large reproduction jobs, mileage, postage, and travel expenses, and will be charged actual cost plus 10% ids �'xt�3 m a. C2, RMC Water and Environment 2008 Standard Billing Rates (Effective 1 2/29/2007) Employee Classifications Billing Rate Principal 3 ..-Hourly $245 Principal 2 $235 Principal 1 $225 Sr. Project Manager 3 $220 Sr. Project Manager 2 $215 Sr. Project Manager 1 $210 Project Manager 3 $205 Project Manager 2 $195 Project Manager 1 $185 Project Engineer 3 $175 Project Engineer 2 $165 Project Engineer 1 $155 ,Environmental Planner /Scientist 3 $165 Environmental Planner /Scientist 2 $155* Environmental Planner /Scientist 1 $145 Assistant Professional $125 Sr. CAD Designer $135 CAD Designer $125 Sr. Graphic Designer /Artist $125 Graphic Designer /Artist $115 Sr. Project Accountant $125 Project Accountant $115 Sr. Project Administrator $115 Project Administrator $105 Expert Witness Rate x 2.0 Project Technology & Communication (PTC) Charges 3% of Labor Charges Other Direct Costs Cost + 10% Subconsultants Cost + 10% The individual hourly rates include salary, overhead and profit. Other direct costs (ODCs) such as reproduction, delivery, mileage (rates will be those allowed by current IRS guidelines), and travel expenses will be billed at actual cost plus 10 %. Subconsultants will be billed at actual cost plus 10 %. RMC reserves the right to adjust its hourly rate structure, PTC charges, and ODC markup at the beginning of the calendar year for all ongoing contracts. EXHIBIT "C" INSURANCE REQUIREMENTS 11319590 80078/0012 10 JH- S:05 -g (updated 021908 [EBrev. to 3Bonly.2008- 06 -20]) EXHIBIT C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage andpolicy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $2,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $2,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self - insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating ofA- or better and a minimum financial size VII. 11319590 80078/0012 11 JH- S:05 -g (updated 021908 [EBrev. to 3Bonly.2008- 06 -20]) General conditions pertaining to provision of insurance coverage by Consultant. Consultant and. City agree to the following with respect to insurance provided by Consultant 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its elected officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arise from the work performed by the named insured for the City. 4. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 7. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may' affect City's protection without City's prior written consent. 8. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 9. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 11319590 80078/0012 12 JH- S:05 -g (updated 021908 [EBrev. to 3Bonly.2008 -06 -201) 10. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non- contributing basis in relation to any other insurance or self insurance available to City. 11. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 12. Consultant agrees not to self - insure or to use any self - insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self - insure its obligations to City. If Consultant's existing coverage includes a deductible or self - insured retention, the deductible or self - insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self - insured retention, substitution of other coverage, or other solutions. 13. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 14. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 15. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 16. Consultant will renew the required coverage annually as long as Consultant is providing services to City under the terms of this agreement and /or as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 17. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 11319590 80078/0012 13 JH- S:05 -g (updated 021908 [EBrev. to 3Bonly.2008 -06 -201) 18. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 19. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 20. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 21. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 22., Consultant agrees to be responsible for ensuring that no contract used by any contractor, subcontractor, employee or consultant of Consultant reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 11319590 80078/0012 14 JH- S:05 -g (updated 021908 [EBrev. to 3Bonly.2008 -06 -201) CERTIFICATE OF CONSULTANT I HEREBY CERTIFY that I am the , and a duly authorized representative of the firm of whose address is and that neither I nor the above firm I here represent has: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit to secure this Agreement. b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; or C) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; Except as here expressly stated (if any); I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil_ Date agr \Consult. Signature 1131959v] 80078/0012 15 JH- S:05 -g (updated 021908 [EBrev. to 3Bonly.2008- 06 -20])