2007/08/14 City Council Resolution 2007-132RESOLUTION NO. 2007 -132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT WITH
RMC WATER AND ENVIRONMENT
FOR ENGINEERING SERVICES RELATED TO THE DEVELOPMENT OF A
SEWER SYSTEM MANAGEMENT PLAN
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby
authorize and approve an agreement by and between RMC Water and Environment, a California
Corporation, and the City of Rohnert Park, a municipal corporation, for engineering services
related to the development of a Sewer System Management Plan.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute this agreement in substantially similar form to the attached agreement for and on
behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 14"' day of August, 2007.
ATTEST:
CITY OF ROHNERT PARK
o Mayor
n R N RRr
........ ... .
BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
AGREEMENT FOR SERVICES
This Agreement is made and entered into on this day of 12007,
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 expertise to complete a Sewer System Management Plan
S( SMp };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:
I. 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 Gisa Ju 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 Standard Hourly Rates and Charges attached as Exhibit "B,"
the total sum not to exceed $232,505.00. 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 itemized monthly statements for work performed.
City shall make any payment due within thirty (30) days after approval of the invoice by City.
Payment will be made for the approved amount of the invoice minus ten (10) percent. The ten
(10) percent retained by City will be held until 30 days after final completion and acceptance of
the contract work.
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.
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 DIVISION
CITY OF ROHNERT PARK
6750 COMMERCE BLVD.
ROHNERT PARK, CA 94928
843801v4 80078/0012 1 7H- S:05 -g (updated 06 /18/07)
TO CONSULTANT: DAVID L. RICHARDSON, PRINCIPAL
RMC WATER AND ENVIRONMENT
2001 NORTH MAIN STREET, SUITE 400
WALNUT CREEK, CA 94596
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. CITY'S 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.
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. To the full extent permitted by law, Consultant shall
indemnify, hold harmless, release and defend City, its officers, employees and agents from and
against any and all actions, claims, demands, damages, disability, losses, expenses including
attorney's fees and other defense costs and liabilities of any nature that may be asserted by any
843801v4 80078/0012
2 JH- S:05-g (updated 06/18/07)
person or entity including Consultant, in whole or in part, arising out of Consultant's activities
hereunder, including the activities of other persons employed or utilized by Consultant in the
performance of this Agreement (including design defects and regardless of City's approval, use or
acceptance of the work or work product hereunder) excepting liabilities due to the sole negligence
or willful misconduct of City. This indemnification obligation is not limited in any way by any
limitation on the amount or type of damages .or compensation payable by or for Consultant under
Worker's Compensation, disability or other employee benefit acts or the terms, applicability or
limitations of any insurance held or provided by Consultant and shall continue to bind the parties
after termination/completion of this Agreement. These indemnification obligations do not apply to
damages caused by third parties that are not employees, contractors, subcontractors or agents of
RMC Water And Environmental and are not under RMC Water And Environmental's care,
custody, control, or direction.
14. INSURANCE. Without limiting consultant's indemnification provided herein,
Consultant shall comply with the requirements set forth in Exhibit C to this Agreement.
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 procedure 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
843801v4 80078/0012 3 JH- S:05 -g (updated 06 /18/07)
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.
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 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 City 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.
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
843801v4 80078/0012 4 JH- S -05 -g (updated 06 /18/07)
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 compiled 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 their 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.
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: Stephen R. Donley (Date)
Title: City Manager
Per Resolution No. 2007- adopted by the Rohnert Park
City Council at its meeting of
ATTEST:
City Clerk
APPROVED AS TO FORM:
AWO s4.
City Attorney
CONSULTANT: RMC Water and Environment
By: /
Name: David L. Richardson (Date)
Title: Senior Vice President
By_ /
Name: Steve Clary (Date)
Title: Secretary
843801 v4 80078/0012 5 7H- S:05 -g (updated 06/18/07)
EXHIBIT "A"
SCOPE OF WORK
AND
SCHEDULE OF PERFORMANCE
843801v4 80078/0012 6 7H- S:05 -g (updated 06/18/07)
EXHIBIT ' ' Page 1 of 5
Scope of Services RMC
dEhvir eat
CITY OF ROHNERT PARK
Subject: Sewer System Management Plan
Prepared For: Eydie Tacata, Management Analyst, City of Rohnert Park
Prepared by: Gisa Ju, P.E.
Reviewed by: Dave Richardson, P.E.
Date: August 1, 2007
The City of Rohnert Park (City) is required to develop a Sewer System Management Plan (SSMP) to
comply with the Statewide General Waste Discharge Requirements (WDR) issued by the State Water
Resources Control Board ( SWRCB) to all collection system agencies in California. This document
describes RMC's proposed Scope of Services for the preparation of the City's SSMP.
1 Background
The primary goal of the WDR is to reduce Sanitary Sewer Overflows (SSOs) within the State. The WDR
requirements focus on SSO reporting, development of SSMPs, and require that adequate resources and
budget be allocated for operation, maintenance, and management of the collection system and funding of
needed capital improvements.
The SSMP consists of the following eleven elements
1.. Goals
2.. Organization
3. Legal Authority
4. Operation and Maintenance Program
5. Design and Performance Provisions
6. Overflow Emergency Response Plan
7. Fats, Oils, and Grease (FOG) Control Program
8. System Evaluation and Capacity Assurance Plan
9. Monitoring, Measurement, and Program Modifications
10. SSMP Program Audits
11. Communication Program
2 Approach
RMC's overall approach to preparing the City's SSMP was presented in our Statement of Qualifications
dated July 10, 2007, and at our presentation to City staff on July 17. The work will be accomplished
through a series of interviews and workshops, followed by preparation of deliverables for each task.
RMC will document each of the eleven SSMP elements as required to fulfill the SWRCB requirements.
For those areas where additional efforts are needed or recommended, RMC will work with the City to
develop the requirements for the SSMP and an implementation plan for enhanced practices and
procedures. RMC will also estimate budget and resource requirements for implementing the
recommended plans and procedures, and prepare a financial plan including justification and
recommendations for rate adjustments, if necessary.
August 2007 q
City of Rohnert Park Sewer System Management Plan
Scope of Services
EXHIBIT "A"
RMC will prepare the SSMP in -a timely manner with assistance from City staff_ The near -term activities
associated with this project will include conducting a "gap analysis" to compare the City's current
practices and procedures with the SSMP requirements and industry "best practices "; developing an SSMP
Development Plan and Schedule, along with a proposed Communication Plan; and preparing the first two
SSMP elements (Goals and Organization). These elements and the Development Plan and Schedule must
be approved by the City Council before November 2, 2007. Completion of subsequent SSMP elements
and the financial plan will be completed by July 2008, well in advance of State WDR requirements.
The tasks included in RMC's scope of services are described below-
3 Scope of Services
Task 1 — Gap Analysis
This task will include a review of existing documentation and interviews with City staff to gain an
understanding of the City's current practices and procedures with respect to sewer system operation,
maintenance, and management. Existing practices will be compared to the requirements in the State
WDR as well as benchmarked against industry best practices and standards.
Subtask 1.1 - Review Existing Documents. RMC will prepare a document request list for the City
identifying information relevant to the SSMP. City will provide available documents to RMC for review
prior to interviews in Subtask 1.2.
Subtask 1.2 — Conduct Interviews and Field Visits. Over the course of two days, RMC will conduct
interviews with City staff involved in the. operation, maintenance, and management of sewer system
facilities. Based on organization charts provided by City, RMC will identify proposed staff members for
interviews. The City will ensure that staff are available to participate in these interviews on the scheduled
days. City staff will also provide a field tour for the RMC team, focused on review of pump station and
force main facilities, gravity sewer maintenance problem areas, and major maintenance and emergency
equipment. RMC may request additional documentation for review as identified through the interviews
and field visits.
Subtask 1.3 — Prepare Gap Analysis and Conduct Workshop. On the third day following the
interviews and field visits in Subtask 1.2, RMC will summarize the results of the previous subtasks in a
presentation for City staff and conduct a workshop to present the gap analysis results and obtain feedback
from City staff.
Subtask 1A — Prepare Gap Analysis Technical Memorandum (TM). RMC will document the results
of the Gap Analysis task in a TM. This TM will serve.as the minutes of the gap analysis workshop and
the basis for preparing the SSMP Development Plan and subsequent SSMP elements.
Task 2 — SSMP Planning
This task will include preparation of the SSMP Development Plan and Schedule and initial SSMP
elements.
Subtask 2.1 — Prepare SSMP Development Plan and Schedule. RMC will prepare a draft SSMP
Development Plan and Schedule for the City's review. Following the workshop in Subtask 2.2, RMC
will incorporate City's comments into the final Development Plan and Schedule.
Subtask 2.2 — Conduct Planning Workshop. RMC will lead a workshop with City staff to review the
draft SSMP Development Plan and Schedule and plan the activities and team responsibilities for
preparation of the SSMP elements. At this meeting, the team will also brainstorm information needed to
August 2007 Page 2 of 5
City of Rohnert Park Sewer System Management Plan EXHIBIT "A"
Scope of Services
complete the Goals, Organization, and Communication Plan elements of the SSMP. RMC will prepare
agenda and minutes for the workshop.
Subtask 2.3 — Prepare Goals, Organization, and Communication Plan SSMP Elements. Based on
the discussions at the planning workshop, RMC will document the proposed SSMP goals and distribute
them for review and endorsement by City staff. RMC will prepare an organization chart confirmed
through discussions from the planning workshop showing the staff responsible for various aspects of the
SSMP, including chain of communication for responding to and reporting SSOs. RMC will assist the
City in identifying appropriate outreach and communication tools to inform the public about the State
WDR requirements and the plan to develop the SSMP and solicit input on relevant elements. The plan
may also include focused workshops with the City Council (not included in this scope of services). As
per the requirements of the WDR, the Council will ultimately be required to approve the SSMP at a
public meeting
Task 3 — Prepare Remaining SSMP Elements
For each of the remaining eight SSMP elements, RMC will prepare a summary of existing practices,
procedures, and documents that will fulfill the requirements of the SSMP, or recommend additional
efforts needed to comply with SSMP requirements or enhance or optimize current practices and
procedures. For those areas where additional efforts are needed or recommended, RMC will work with.
the City to develop the requirements for the SSMP and an implementation plan for enhanced practices
and procedures. Throughout the preparation of the SSMP, RMC will conduct workshops with City staff
focused on selected elements or topics.
Subtask 3.1 — Conduct Workshops on SSMP Elements. RMC will conduct up to four workshops,
approximately 2 to 4 hours in duration, focused on key elements of the SSMP_ The workshop topics will
be identified in the SSMP Development Plan. Potential workshop topics may include: overflow
emergency response, pump station and force main O &M activities, preventive maintenance standard
operating procedures, maintenance data management, capacity management and infiltration/inflow (1/I)
reduction, sewer condition assessment and rehabilitation, or others as desired by City and/or
recommended by RMC. RMC will prepare agenda and minutes for each workshop.
Subtask 3.2 — Prepare Legal Authority Element. RMC will review the City's existing sewer use and
related ordinances and relevant agreements with other agencies (e.g., Santa Rosa). Recommendations for
modifications to existing ordinances will be developed and discussed with City staff and its legal counsel.
The City's current legal authorities and planned modifications will be documented for the SSMP.
Subtask 3.3 — Prepare Operation and Maintenance Program Element. This SSMP element includes
several sub- elements including: collection system mapping, routine and hot -spot preventive maintenance,
a rehabilitation and replacement plan, including scheduled inspections and condition assessment, training,
and contingency equipment and replacement parts inventories. As part of this element, RMC will
evaluate current preventive maintenance programs; work with the City to develop or enhance its sewer
cleaning standard operating procedures to provide assurances of quality work; assess adequacy of major
maintenance equipment and determine quantity and condition of emergency equipment; and review
current information systems (GIS, CMMS, SCADA, maps) to identify enhancements needed to support
an effective maintenance program. RMC will document and summarize current practices for inclusion in
the SSMP, and will recommend modifications or enhancements to existing practices as needed to improve
or optimize current approaches.
Subtask 3.4 — Prepare Design and Performance Provisions Element. RMC will review and document
he City's design and construction standards and specifications to confirm that the standards and
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City of Rohnert Park Sewer System Management Plan
Scone of Services
EXHIBIT "A"
guidelines are adequate to help minimize any future problems due to Fl, blockages, maintainability, or
structural or operational failures. Based on this review, RMC will recommend modifications to existing
standards if needed.
Subtask 3.5 — Prepare Overflow Emergency Response Plan (OERP) Element. RMC will review the
City's existing Maintenance, Overflow and Spill Prevention Program ( MOSPP) for consistency with the
OERP requirements of the SSMP. RMC will document the SSO response, communications, and
reporting procedures in appropriate flow charts and identify needed enhancements to the MOSPP to
comply with SSMP requirements. The OERP element will summarize the relevant provisions of the
existing MOSPP, supplemented where necessary by additional information. The MOSPP will be
included as an attachment to the SSMP.
Subtask 3.6 — Prepare FOG Control Program Element. RMC will document the City's existing FOG
source control program managed by the City of Santa Rosa, the RRWA Residential FOG Source Control
Program in which the City participates, and any FOG outreach/public information materials. RMC will
also review the City's records of grease- related SSOs and blockages, and current preventive maintenance
program for grease hotspot areas. RMC will develop recommendations for enhanced FOG control
activities if needed.
Subtask 3.7 — Prepare System Evaluation and Capacity Assurance Plan Element. RMC will review
existing system evaluation and capacity assurance plan documentation including previous I/I and sewer
modeling studies. If requested by RMC, the City will. arrange a meeting with its sewer modeling
consultant (Winzler & Kelly) to obtain additional information or clarification on capacity evaluation
methodology, results, and recommendations. RMC will document or recommend establishing design
capacity criteria and development of a Capital Improvement Plan and schedule for needed capacity
improvements. It is assumed that most of the necessary information for the system evaluation and
capacity assurance plan are contained in existing documents. RMC will not conduct any new hydraulic
analyses or develop capacity improvement projects or cost estimates as part of this scope of services.
Subtask 3.8 — Prepare Monitoring, Measurement, and Program Modifications and SSMP Audits
Elements. Based on discussions with City staff, RMC will recommend performance parameters to track
the effectiveness of preventive maintenance activities and other SSMP activities. Performance
parameters may include amount of the system cleaned and /or inspected each year; annual number (and/or
volume) of SSOs, blockages, and /or customer complaints; response time to SSOs, blockages, and/or
customer complaints; number of training sessions attended by City staff, number or length of sewer
repairs or rehabilitation completed; etc. RMC will also develop suggested procedures and format for
annual or bi- annual audits of SSMP performance and preparation of the audit report
Task 4 — Estimate Budget and Resource Requirements and Prepare Financial Plan
Under this task, RMC will estimate the budget and resource requirements for implementing the
recommended plans and procedures, and prepare a financial plan including justification and
recommendations for rate adjustments, if necessary.
Subtask 4.1 — Estimate Budget and Resources. Based on the recommendations developed in previous
tasks, RMC will develop an estimate of staff resource and budget requirements for implementing the
recommended plans and procedures. The estimate of staff resource and budget requirements will be
discussed with City staff and revised based on staff comments.
Subtask 4.2 — Prepare Financial Plan. RMC will develop a draft financial plan to address the budget
and resource requirements identified in Subtask 4.1. The plan will identify existing and potential future
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City of Rohnert Park Sewer System Management Plan EXHIBIT "A"
Scope of Services
funding sources and revenue requirements and provide justification for rate adjustments if necessary.
Following the workshop in Subtask 4.3, RMC will incorporate City's comments into the final financial
plan.
Subtask 4.3 — Conduct Financial Planning Workshop. RMC will lead a workshop to review the
SSMP budget and resource requirements and draft financial plan.
Task 5 — Prepare SSMR Document
RMC will prepare an SSMP document consisting of a compilation of the SSMP elements developed in
Tasks 2 and 3. The document will be formatted so that it can be easily updated with new or refined
information.
Four copies of the draft SSMP document will be prepared for review and comment by City staff. RMC
will incorporate staff comments and prepare and submit _ copies of the final document.
Task 6 — Project Management and QA/QC
RMC will monitor project budget, labor hours expended, and schedule on a weekly basis throughout the
project; prepare invoices on a monthly basis; and administer subconsultant contracts. A kickoff meeting
will be held with City staff at the beginning of the project, and progress meetings (up to three additional
meetings) will be held as needed during the project to supplement scheduled workshops and telephone
and email communications regarding project status and issues.
Quality Control/Quality Assurance (QA/QC) procedures will include review of all key deliverables by
senior RMC staff who are not involved in the day -to -day work on the project.
4 Project Schedule
This scope of services includes SSMP services from August 2007 through July 2008. The tentative
schedule for the scope of services is listed below_ The schedule will be refined based on the outcomes of
the SSMP Planning Workshop in Task 2. A revised project schedule will be issued as part of the SSMP
Development Plan and Schedule in Task 2.
Task 1 — Gap Analysis
Task 1 — SSMP Planning
Task 2 — Prepare Remaining SSMP
Ele. ..... ___.._..__....._.._ ................___._._. ._.................___._....._.
Task 4 — Estimate Budget and Resource
Requirements and Prepare Financial Plan
Task 5 — Prepare. SSMP Document
Task 6 — Project Management and QA/OC
5 Budget
vSeptember 2007
)er — October 2007
November 2007 — April 2008
Tril - May 2008 _
Ilay — July 2008
st 2007 — July 2008
The estimated level of effort and cost for the SSMP services described above are detailed in
Attachment A. The total estimated cost is $132,505.00.
August 2007 Page 5 of 5
EXHIBIT "B"
COMPENSATION RATES AND CHARGES
843801x4.80078/0012 7 7H- S:05 -g (updated 06 /18/07)
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EXHIBIT licit
INSURANCE REQUIREMENTS
843801v4 80078/0012 $ 7H- S:05 -g (updated 06/18/07)
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 and policy 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 $1,000,000 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 Iess than $2,000,000 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 of A- or better and a minimum financial
size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City
843801v4 80078/0012 9 JH- S:05 -g (updated 06/18/07)
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 Iiability 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 Iiability 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.
843801v4 80078/0012 10 JH- S.05 -g (updated 06/18/07)
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 of 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 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.
18. The provisions of any workers' compensation or similar act will not limit the obligations of
8438010 80078/0012 11 JH- S:05 -g (updated 06/18/07)
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 party involved in
any way with the project 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.
843801v4 80078/0012 12 JH- S:05 -g (updated 06/18/07)
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
843801v4 80078/0012 13 7H- S:65 -g (updated 06 /18/07)