HomeMy WebLinkAboutUniversity of California Davis 2006-08-11cbtk dbIlo(i
RESEARCH AGREEMENT No. # 06-001088
between
CITY OF UKIAH
and
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
This Research Agreement is entered into by and between, the City of Ukiah (hereinafter
"City") a public entity with its offices and place of business in Ukiah, California, and The
Regents of the University of California, a non-profit, public corporation, on behalf of the
University of California, Davis campus (hereinafter "University"), each hereinafter
referred to individually as a "Party," and collectively as the "Parties."
WHEREAS, University has scientific and technical expertise and resources needed to
develop protocols for and conduct a Health Waterways Study in the City of Ukiah in
accordance with the description in the attached Exhibit A.
WHEREAS, City is subject to a Consent Decree and Order in Northern California River
Watch v. City of Ukiah, Fed. Dist. Ct., N.D. Cal., No. C04 4518 CW, under which the City
is required to develop protocols for a Healthy Waterways Study by July 13, 2006 and to
commence the study by January 13, 2007.
WHEREAS, City wishes to retain University to develop the protocols and conduct the
study in accordance with them and Exhibit A;
Now, THEREFORE, City and University mutually agree as follows. -
1 .
ollows:1. SCOPE OF WORK/BUDGET. University researchers shall use reasonable efforts to
perform the research, assessments and evaluations, hereinafter referred to as the
"Work" in accordance with University's Statement of Work, which is attached and
incorporated herein as Exhibit B, hereinafter referred to as the "Project."
University's accompanying Project Budget is attached and incorporated herein as
Exhibit C.
2. PERIOD OF PERFORMANCE. University shall perform the Work under this Research
Agreement during the period, commencing on the Effective date and
3. REPORTS, DELIVERABLES.
A. Interim Technical Reports. University shall submit an Interim Technical
Report to City within two weeks following the discovery of any problems
encountered in pursuit of the research objectives identified in Exhibit B.
B. Protocols. University will prepare for submission to the City a draft set of
Protocols, as described in Exhibit A, by July 7, 2006.
C. Other deliverables. University shall prepare the reports and other documents
as described in Exhibit B in accordance with the schedule in Exhibit B.
RESEARCH AGREEMENT No. ## 06-00108€3
D. Final Technical Report. University shall submit a F r:al Technical Report to
City no later than sixty (60) days after the expiration or early termination of this
Research Agreement. The Final Technical Report shall comprehensively
address the research results as they apply to the objectives identified in Exhibit
B.
4. CONSIDERATION.
A. For the performance of the Work hereunder, City shall pay University's direct
and indirect expenses incurred in accordance with the budget attached as
Exhibit B. The total allowable costs hereunder shall not exceed $35,000,
including all time and expenses incurred by University in performing under
this Agreement.
B. City shall provide payments to University in accordance with the following
schedule:
1) U.S. $15,000 upon execution of this Research Agreement
2) U.S. $15,000 on or before May 15, 2007
3) U.S. $ 5,000 within thirty (30) days after receipt of University's Final
Report
C. City shall mail its checks, payable to:
The Regents of the University of California
Cashier's Office
University of California, Davis
PO Box 989062
West Sacramento, California 95798-9062
D. With each payment, City shall reference Research Agreement fill in number
here.
KEY PERSONNEL, COMMUNICATIONS.
A. All communications regarding the technical aspects of the Project and
programmatic aspects of this Research Agreement shall be between
University's Researcher Michael Johnson, and Ann Burck, City's Water
Utilities Project Engineer ("Burck"), or such other person designated by
City.
Research Ecologist Michael Johnson, University's Principal Investigator for
the Project, shall provide scientific and technical leadership for the Project and
shall direct the Work and Technical Report preparation.
Burck, or such other person designated by City, shall be responsible for
assuring proper and timely availability of needed resources for the Project, for
providing expertise on samples and scientific relevance to City, and for
assisting with Project Technical Report preparations.
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RESEARCH AGREEMENT No. # 06-001088
S. Communications and correspondence regarding the administrative
aspects of th;s Research Agreement shall be between the following
designated officials:
For City
Candace Horsley, City Manager
Ukiah Civic Center
300 Seminary Avenue
Ukiah, CA. 95482
Telephone: (707) 463-6210
Fax: (707) 463-6204
Email: candaceh@cityofukiah.com
For University:
Kimberly Lamar, Contracts & Grants Analyst
Office of Research, Sponsored Programs
University of California
One Shields Avenue
Davis, California 95616-8671
Telephone: (530) 752-6065
Fax: (530) 754-9233
Email: kdlamar@ucdavis.edu
6. CONFIDENTIALITY. During the course of this Research Agreement, the Parties may
exchange certain information, data or material that the disclosing Party regards as
confidential or proprietary in nature. The receiving Party shall consider as
"Confidential Information" such information, data or material which
a) is disclosed by the other Party in written or other tangible form during the
Period of Performance of this Research Agreement
b) is conspicuously marked confidential or proprietary, and
c) is not available in the public domain.
If City or University verbally discloses information that the disclosing Party wishes to
be treated as Confidential Information, the disclosing Party must provide a written
summary of such information within thirty (30) days of disclosure.
The receiving Party shall use the Confidential Information only for internal research
purposes that are directly related to the objectives of the Work identified in Exhibit A;
the receiving Party may not use the Confidential Information for commercial purposes.
In each case, the receiving Party agrees to use its reasonable efforts to prevent
disclosure to third Parties of such Confidential Information in the absence of any
written consent by the other Party of such disclosure. The receiving Party shall not be
held liable for unintentional disclosure of such Confidential Information, provided the
receiving Party has exercised reasonable care and security aimed at maintaining the
confidentiality of the information.
Upon expiration or early termination of this Research Agreement, each Party shall, at
the sole discretion of the other Party, destroy or otherwise dispose of the other Party's
Confidential Information. Nothing contained herein will in any way restrict or impair
the right of City or University to use, disclose, or otherwise deal with any Confidential
or Proprietary Information that.-
a)
hat:a) The receiving Party can demonstrate by written records was previously known
to it;
b) Is now, or becomes in the future, public knowledge other than through acts or
omissions of the receiving Party;
c) Is lawfully obtained without restrictions by the receiving Party from sources
independent of the disclosing Party;
d) The University or City is required to disclose pursuant to the California Public
Records Acts or other applicable law.
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RESEARCH AGREEMENT No. # 06-001088
7. RIGHTS IN DATA. University shall have the right to copyright, publish, disclose,
disseminate and use, in whole or in part, any data and information received, collected
or developed by University under this Research Agreement, subject to the
confidentiality obligations of Section 6 hereof. University shall provide City an
informational copy of materials intended for disclosure by University at least thirty
(30) days prior to University's release for publication or other dissemination. In the
event City determines within the thirty -day period that University's planned
disclosure includes City Confidential Information and so notifies University,
University will delete such Confidential Information before release of the material.
8. USE of NAME. University will acknowledge City's support and collaboration in its
publications unless City desires otherwise and so advises University in writing. City
and University each agree not to use the name of the other Party or its employees in
any advertisement, press release or publicity with reference to this Research
Agreement or any product or service resulting from this Research Agreement, without
prior written approval of the other Party.
9. INTELLECTUAL PROPERTY RIGHTS.
A. Ownership of Inventions.
1) Use of University Research Facilities by Non -University Personnel. It is
understood by the Parties that;
a) If City employees participate in this collaborative research Project
and conduct research within University facilities then;
b) In accordance with the University of California Patent Policy, non -
University personnel must sign the University of California Patent
Acknowledgment as a condition of utilizing University research
facilities. Said U.C. Patent Acknowledgment may be obtained upon
request to University's Administrative Contact designated in Article
5.13. herein. It is further understood that any City personnel who
conduct research within University facilities are required to assign to
the University all rights in inventions developed during their use of
University research facilities.
2) University Owned Inventions. Any invention or discovery conceived and
reduced to practice solely by employees of University during the
performance of research conducted under this Agreement and any
invention or discovery conceived and reduced to practice by City
personnel, whether solely or jointly with University personnel, during the
performance of research conducted in University facilities under this
Agreement ("University Owned Invention") shall be the sole property of
University and shall be disposed of in accordance with University's
policies. Any City personnel who conduct research within University
facilities are required to assign to the University all rights in inventions
developed during their use of University research facilities.
3) Laws of Inventorship. Inventorship shall be determined in accordance
with U.S. Patent Laws.
B. Licensing Rights to University Owned Inventions
Page 4 of 8
RESEARCH AGREEMENT No. # 06-001086
1) To the extent the University has the legal right to do so, and to the
extent City Gays all direct and indirect costs of the research project,
including a proportionate share of the Principal Investigator's salary,
University shall offer to City, in accordance with the provisions of the
following paragraph, a time-limited first right to negotiate a non-exclusive,
royalty -bearing license or an option to a license to make, use, and sell
any patentable University Owned Invention conceived and first actually
reduced to practice by University employees and others obligated to
assign to University in the performance of the research under this
Agreement.
2) University shall promptly and confidentially disclose to City any inventions
arising from the performance of research conducted under this Research
Agreement. City shall hold such disclosure(s) on a confidential basis and
will not disclose the information to any third Party without prior written
consent of the University.
3) City shall advise University in writing within sixty (60) days of disclosure to
City whether or not it elects to negotiate a commercial license or an option
to a commercial license. City shall assume all costs associated with filing
and maintaining patent protection for such invention(s) in those countries
requested by City, whether or not Patent(s) issue. City shall have ninety
(90) days from the date of election to conclude the negotiation of a license
agreement or an option to a license agreement with University. The
ninety -day negotiation period may be extended by mutual written
agreement of the Parties.
4) A commercial license shall contain reasonable terms and shall require
diligent performance by City for the timely commercial development and
early marketing of such inventions, and include City's continuing obligation
to pay patent costs. If a license agreement or an option to a license
agreement is not concluded in said period, University has no further
obligations to City. If City elects not to negotiate a commercial license or
an option to a commercial license, rights to the inventions disclosed
hereunder shall be disposed of in accordance with University policies, with
no further obligation to City.
C. Licensing Rights to Joint Inventions.
1) To the extent the University has the legal right to do so and to the extent
City pays all direct and indirect costs of the research project, including a
proportionate share of the Principal Investigator's salary, University shall
offer to City, in accordance with the provisions of the following
paragraph, a time-limited first right to negotiate an exclusive, royalty -
bearing license to University's rights to any Joint Invention. "Joint
Invention" are those inventions jointly conceived and first actually
reduced to practice by employees of University and employees of City
during the performance of the research conducted under this Agreement
in which said City employees have not utilized University Owned
Invention, University property or facilities.
Page 5 of 8
RES EARCH AGREEMENT No. # 06-001038
2) The Parties shall promptly and confidentially disclose in writing to one
another any and all Joint Inventions arising from the performance of
research conducted under this Research Agreement. The Parties shall
hold such disclosure(s) on a confidential basis and will not disclose the
information to any third Party. City shall advise the University in writing,
within sixty (60) days of disclosure of a Joint Invention, whether or not it
elects to negotiate an exclusive commercial license with respect to the
University's rights in Joint Inventions.
For such Joint Inventions, University may, at City's request and
expense, prepare, file, prosecute and maintain patent applications and
patents concerning such Joint Inventions in countries of City 's choice
throughout the world. University shall diligently prosecute such Joint
Inventions and maintain in force all such patent applications and ensuing
patents. City shall have the right to review all such pending applications
and make recommendations to University concerning their prosecution.
City shall have ninety (90) days from the date of election to conclude the
negotiation of a license agreement with University.
A commercial license shall contain reasonable terms and shall require
diligent performance by City for the timely commercial development and
early marketing of such Joint Inventions. If a license agreement is not
concluded in said period, University has no further obligations to City. If
City elects not to negotiate a commercial license, rights to the Joint
Inventions disclosed hereunder shall be disposed of in accordance with
University policies, with no further obligation to City.
D. No Implied License. Nothing contained in this Research Agreement shall be
deemed to grant either directly or by implication, estoppel, or otherwise any
rights under any patents, patent applications or other proprietary interests,
whether dominant or subordinate, of any other invention, discovery or
improvement of either Party, other than the specific patent rights covering
inventions arising under this Research Agreement.
E. University Publications. Notwithstanding any other provision of this
Research Agreement, the right of publication on the part of University
personnel shall not be affected by any license to any patentable or non -
patentable inventions or discoveries.
F. City's right to reports and data. Notwithstanding any other provision of this
Research Agreement, the City shall have the unrestricted right to use the data
and reports collected or produced under this Agreement for any purpose.
9. SUPPLIES AND EQUIPMENT. Title to supplies purchased or fabricated for the Project
with funds provided under this Agreement shall vest in University. Title to
equipment purchased or fabricated for the Project with funds provided under this
Agreement shall vest in City.
10. APPLICABLE LAW. This Research Agreement shall be governed by the laws of the
State of California, without regard to conflicts of law provisions.
Page 6 of 8
RESEARCH AGREEMENT No. # 06-001088
11. INDEPENDENT CONTRACTOR. Nothing in this Research Agreement shall be construed
to create an employer/employee relationship between the Parties. Each Party shall
be deemed to be at all times an independent contractor. University personnel
participating in the Work are not employees of City.
12. INDEMNIFICATION.
University agrees to defend, indemnify and hold harmless City, its officers,
employees and agents from, and against, any and all liability, loss, expense,
attorney fees, or claims for injury or damages arising out of the performance of this
Research Agreement, but only in proportion to, and to the extent such liability, loss,
expense, attorneys' fees, or claims for injury or damages are caused by or result
from the negligent, or intentional acts or omissions of the University, its officers,
employees and agents.
City agrees to defend, indemnify and hold harmless the University, its officers,
employees and agents from, and against, any and all liability, loss, expense,
attorney fees, or claims for injury or damages arising out of the performance of this
Research Agreement, but only in proportion to, and to the extent such liability, loss,
expense, attorneys' fees, or claims for injury or damages are caused by or result
from the negligent, or intentional acts or omissions of the City, its officers,
employees and agents.
13. WARRANTY. The University agrees to employ reasonable efforts to fulfill the
research objectives of the Work described in Exhibit B and to report its findings.
City recognizes and it is understood by the Parties that this is a Basic research
project, not a commercial endeavor. Accordingly:
UNIVERSITY MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, OF THE EFFECTIVENESS, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OF THE TECHNOLOGIES WHICH ARE THE SUBJECT MATTER
OF THIS AGREEMENT.
14. EXCUSABLE DELAYS. In the event of a delay caused by inclement weather, fire,
flood, strike or other labor dispute, acts of God, acts of Governmental officials or
agencies, or any other cause beyond the control of University, University shall be
excused from its performance for the time attributable to such delay. In the event of
any such delay, the Parties may agree to modify this Research Agreement and
change the amount, the performance period or other appropriate provisions.
15. ASSIGNMENT. This Research Agreement is personal to the Parties and may not be
assigned by either Party without the consent of the other provided that this Research
Agreement shall inure to the benefit of the successor in title to the whole business
interests of either Party, without consent to the other Party.
17. TERMINATION. This Research Agreement may be terminated for cause by either
Party with sixty (60) days prior written notice. Upon such notification, the Parties
shall communicate with each other and make reasonable efforts to remedy any
situation which otherwise would cause termination. Upon such notification,
University shall use its reasonable efforts to limit any outstanding financial
commitments. City shall reimburse University for all allowable costs incurred by it
for the Project, including un -cancelable obligations. If no remedy is realized,
University shall, within sixty (60) days after the termination date, submit a report of
Page 7 of 8
RESEARCH AGREEMENT No. # 06-001088
all expenditures incurred and of all payments received hereunder. University shall
reimburse City for funds ad,,: anced in excess of total costs incurred or City shall
provide final payment of outstanding expenses, whichever the case may be. In no
event shall City's cumulative payments exceed the total allowable costs amount
identified in Article 4 - Consideration.
18. AGREEMENT AMENDMENTS. Any agreement to change the terms of this Research
Agreement in any way shall be valid only if the change is made in writing and signed
by duly authorized representatives of the Parties hereto.
19. ENTRE AGREEMENT. This Research Agreement and attached Exhibits A and B
constitute the entire agreement between the Parties and supersedes any prior
written or oral agreements between the Parties, their employees, agents or
representatives.
EXHIBIT A CONSENT DECREE EXCERPT
EXHIBIT B STATEMENT OF WORK
EXHIBIT C PROJECT BUDGET
IN WITNESS WHEREOF, the Parties have caused this Research Agreement to be effective
as of the date specified in Article 2 herein above, with signatory approval of their duly
authorized representatives.
CITY OF UKIAH
Candace Horsley
Title: City Manager
i
Date:
ATTEST:
THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA
By:
Ahmad Hakirn-Elahi, Ph.D., J.D.
Title: Director, Sponsored Programs
Date:Le
APPROVED AS TO FORM:
By:
"' �j` Page 8 of 8
EXHIBIT A
CONSENT DECREE EXCERPT
EXHIBIT A
PROTOCOLS FROM CONSENT DECREE IN RIVER WATCH V. UKIAH
IV. SUPPLEMENTAL ENVIRONMENTAL PROJECT
10. Within one (1) year of the approval and entry of this Settlement Agreement, the
City shall undertake a healthy waterways study, the cost of which to the City shall not exceed
$35,000.00, including consultant fees and expenses, and excluding internal City staff costs. The
study shall be performed in accordance with the following requirements:
a. The study shall consist of sampling for potential human markers as set
forth in the protocol for the study, which shall be developed by the City
within six (6) months of the execution of this Agreement. The protocol
shall be provided to River Watch for approval, which approval shall not be
unreasonably withheld. River Watch shall return, in writing, any
comments it may have on the protocol within twenty-one (21) days of
submittal by the City.
b. The purpose of the study shall be to determine whether elevated levels of
human markers indicating sewage pollution exist in the surface water of
the Russian River and selected feeder creek(s) within the City of Ukiah.
Creeks shall be selected for sampling based on their proximity to sewage
lines. The creeks closest to the oldest lines where structural defects have
been identified shall receive the highest priority. The City shall make a
good faith effort to sample all of the highest priority creeks within the
limits of the available budget. If elevated levels of human sewage markers
are found, one study objective is to determine if there is any correlation
between potential leakage from sanitary sewers which are proximate to the
impacted waters and the contamination found in those segments of the
creek(s) or River. If it is determined that a positive correlation exists
between the condition of proximate sewers and creek water quality related
to human sewage markers, the City shall use the study results to prioritize
sewer inspection activities. All creek sample results shall be provided to
River Watch for its review. The City shall act in good faith to take the
results of these studies into account in its maintenance activities with
respect to its sewage collection lines, in determining whether to repair or
replace any of its lines, and in prioritizing the repair and/or replacement of
its sewer lines.
C. The details of the study shall be more specifically determined and set forth
in the protocol yet to be developed. The City shall develop a protocol
which shall attempt to address several approaches, including a study that
provides for sampling at one or more feeder creeks (hopefully non -
ephemeral creeks) at first flush and low flow, as well as at wet weather
flow conditions. One marker which shall be evaluated for use is that of
EXHIBIT A
PROTOCOLS FROM CONSENT DECREE IN RIVER WATCH V. UKIAH
IV. SUPPLEMENTAL ENVIRONMENTAL PROJECT
10. Within one (1) year of the approval and entry of this Settlement Agreement, the
City shall undertake a healthy waterways study, the cost of which to the City shall not exceed
$35,000.00, including consultant fees and expenses, and excluding internal City staff costs. The
study shall be performed in accordance with the following requirements:
a. The study shall consist of sampling for potential human markers as set
forth in the protocol for the study, which shall be developed by the City
within six (6) months of the execution of this Agreement. The protocol
shall be provided to River Watch for approval, which approval shall not be
unreasonably withheld. River Watch shall return, in writing, any
comments it may have on the protocol within twenty-one (2 1) days of
submittal by the City.
b. The purpose of the study shall be to determine whether elevated levels of
human markers indicating sewage pollution exist in the surface water of
the Russian River and selected feeder creek(s) within the City of Ukiah.
Creeks shall be selected for sampling based on their proximity to sewage
lines. The creeks closest to the oldest lines where structural defects have
been identified shall receive the highest priority. The City shall make a
good faith effort to sample all of the highest priority creeks within the
limits of the available budget. If elevated levels of human sewage markers
are found, one study objective is to determine if there is any correlation
between potential leakage from sanitary sewers which are proximate to the
impacted waters and the contamination found in those segments of the
creek(s) or River. If it is determined that a positive correlation exists
between the condition of proximate sewers and creek water quality related
to human sewage markers, the City shall use the study results to prioritize
sewer inspection activities. All creek sample results shall be provided to
River Watch for its review. The City shall act in good faith to take the
results of these studies into account in its maintenance activities with
respect to its sewage collection lines, in determining whether to repair or
replace any of its lines, and in prioritizing the repair and/or replacement of
its sewer lines.
Z. The details of the study shall be more specifically determined and set forth
in the protocol yet to be developed. The City shall develop a protocol
which shall attempt to address several approaches, including a study that
provides for sampling at one or more feeder creeks (hopefully non -
ephemeral creeks) at first flush and low flow, as well as at wet weather
flow conditions. One marker which shall be evaluated for use is that of
Scope of Work for City of Ukiah Healthy Waterways Study
July 7, 2006
Michael L. Johnson
Aquatic Ecosystems Analysis Laboratory
The Center for Watershed Sciences
University of California, Davis
General Study Plan
In accordance with the Settlement Agreement between the City of Ukiah and River Watch dated
November 14, 2005, this scope of work outlines the Healthy Waterways Study to be conducted
by the University of California, Davis on behalf of the City of Ukiah. The project objective is to
determine if human wastewater is present in surface waters of selected watercourses in the City
of Ukiah. As stated in the Settlement Agreement, a watercourse may include any of the
following: creeks, streams, gullies, and storm drains. The work undertaken will provide the City
of Ukiah with a quantitative estimate of the human markers present in the selected waterways.
From each sample site, water samples will be collected and analyzed for caffeine as a marker of
human wastewater contamination and for E. coli using the standard multiple tube fermentation
test. E. coli will be monitored to determine the presence of non -human coliforms in the water (if
caffeine is not present). If the analysis indicates caffeine is present, follow-up samples will be
collected and analyzed for the presence of human wastewater. Bacteroides -Prevotella is the
marker selected for the analysis because it indicates direct human fecal inputs. In addition to
Bacteroides -Prevotella, total fecal coliforms and caffeine will be quantified. Caffeine data will
be used in an attempt to establish a statistical relationship between the levels of caffeine and the
amount Bacteroides -Prevotella, and the amount of fecal coliforms present in the water body.
The statistical analysis will consist of a Model II regression in which the predictor variable is the
amount of caffeine in the sample and the response variable is the level of Bacteroides -Prevotella
present in the sample. The Model 1I regression does not have the assumption that both variables
are measured without error. All other assumptions of standard regression analysis are
maintained, and these assumptions will be tested by standard techniques (e.g., assumption of
normality -normally distributed error terms). Residuals will be examined to determine if a linear
fit of the response variable is justified.
The Study will be initiated no later than November 14, 2006 and at sites where caffeine is
present above the detection limit, follow-up sampling will be conducted the following year (see
Figure 1).
There will be three sampling periods for caffeine including:
• Early wet weather season (first -flush or wash -off)
o Estimated sample date between: (1.) December 2006 to January 2007 and
• Late wet weather season
o Estimated sample date between: (2.) February to April 2007
• Dry weather season
o Estimated sample date between: (3.) July to September 2007
At sample sites where caffeine is present above the detection limit follow-up sampling will occur
including analysis for caffeine, Bacteroides -Prevotella, and total fecal coliforms as follows:
Early wet weather season (first -flush or wash -off)
o Estimated sample date between: (4.) December 2007 to January 2008 and
Late wet weather season
o Estimated sample date between: (5.) February to April 2008
• Dry weather season
o Estimated sample date between: (6.) July to September 2008
Samples from each site will be collected for analysis along with specified QA samples. Results
will be provided at the end of each event sampling to the City of Ukiah in technical
memorandums after the sample analysis is complete. In addition, annual and final reports will be
provided.
Field Methods
Site Selection
Monitoring sites will be selected in cooperation with the City of Ukiah staff and additional
parties as necessary. Sample site locations will be determined by using available GIS data and/or
as -built drawings of wastewater collection systems to locate collection lines near or intersecting
watercourses. This information will be utilized to establish a list of proposed sample sites.
Efforts will be made to select sites in close proximity to sewer lines such that leaks from the
sanitary sewer line would be detectable at the nearby location. Sampling sites will be selected
within as short a distance as possible to a sewer line and be prone toward watercourses subject to
contamination from the sewer collection system. Efforts will be made to find collection system
sample sites with good soil drainage and areas that may have a history of problems. Waterways
adjacent to older and potentially more deteriorated sewer lines will be given priority
consideration. Sample site locations will remain consistent throughout the duration of the Study.
The number of sites to be sampled during the first year (2006/2007) of the Study will include one
positive control from the waste water treatment plant. Sampling during the second year
(2007/2008) will be conducted only at sites where caffeine was present during the initial year
(2006/2007).
Task 1. Select candidate sample sites.
Deliverable 1. Annotated list of candidate sites with maps.
After the initial list of candidate sites is developed, all sites will be visited to determine
suitability (accessibility, safety). A final list will be established in consultation with the City of
Ukiah and River Watch. The final list will be accompanied by documentation and justification
for site selection including maps at least thirty (30) days before any sampling event. Site
selection is subject to approval by River Watch.
Task 2. Visit all candidate sites and select final site list in cooperation with the City of Ukiah
staff and additional parties as necessary.
Deliverable 2. Final list of sites with justification for site selection.
Quality Assurance Project Plan (QAPP) Development
Coincident with the site selection process, a QAPP will be developed for the project. The initial
phase of this task is to establish the data quality objectives for the project. Once established, a
draft QAPP will be completed outlining the quality control and quality assurance standards for
the project. The QAPP and project data will be Surface Water Ambient Monitoring Program
(SWAMP) comparable. The QAPP typically includes, but is not limited to, project
organizational charts, the monitoring plan, the Standard Operating Procedures (SOPs) used in the
study, and quality assurance sampling including Chain of Custody (COC) procedures, analyte
detection limits, reporting limits, and matrix spike recovery standards. After review by the City
of Ukiah, the final QAPP will be produced.
Task 3. Develop a draft QAPP for the project.
Task 4. Develop a final QAPP for the project prior to sampling execution.
Deliverable 3. A Healthy Waterways Quality Assurance Project Plan.
Sample Timing, Frequency, and Collection
Samples will be collected at three different times during the year. Two sampling events will be
conducted during the winter wet weather season, and a third sampling event will be conducted
during the dry weather season. The first sampling event will take place during a storm event
early in the wet weather season and a second sampling event will take place during a storm event
later in the season. The first sampling event will collect water from a "wash -off' event in which
any accumulated organic waste material and markers (which may remain in the system for
several weeks or months) present at the sites and nearby areas can be washed into the stream
channel. Additional organic waste material and markers can also be delivered to the system from
leaks in the sanitary sewer. Typically, the first few storms of the season can be wash -off storms
depending on the amount of rainfall and the soil saturation levels. The first storm of the year
may not produce any measurable runoff if the soil saturation levels are low enough to result in
the soil capturing a significant portion of the rainfall. Of course, extremely large early storms
can result in significant runoff and significant wash -off. If the forecast is for an extremely large
early storm, it will be sampled. A subsequent storm during the wet -weather season will include
sampling at the middle or end of the season to represent more typical wet weather conditions.
This sampling event is less likely to sample accumulated organic waste material and any organic
waste material or markers would more likely originate from leaks from the sanitary sewer.
A storm is targeted for sampling based on rain forecasts, and the storm is monitored continuously
using the rainfall totals at nearby locations. Rainfall totals are monitored using
http://cdec.water.ca.gov/precip maps/pcpmaps.html or http://www.wrh.noaa.gov/cnrfc/gpf.php. Weather
is monitored 7 days a week until a decision is made to sample or not. The decision to sample is
typically based on rising stream flows that are anticipated to contain a reasonable amount of
runoff. A team may be sent out to look at selected sample sites to observe whether flows are
going up. If it is determined in the field that there is insufficient runoff, sampling will be delayed.
This is particularly relevant to first -flush sampling to assure that the storm event and coincident
sampling is representative.
A dry -weather sampling event will be conducted during a period when no wash -off is expected
to occur. Any markers detected would likely be the result of direct deposition of organic waste
material in the watercourse by leaks from the sanitary sewer.
Sample collection is anticipated to begin during the wet -weather season of 2006-07.
4
Water Sample C ailEa%-', tion
Prior to each sampling event, a sampling and analysis plan will be produced. Each plan w:71
include the list of sites to be sampled, the analytes to be sampled, method of analysis, list of
contacts, the field sampling data sheets, chain of custody forms, and labels for the bottles
(including sc:mple identifier using a SWAMP -type site code, bottle type, analyte, and lab name).
All samples will be collected using grab samples. Samples will be collected at midstream and
mid -depth as possible given the flows present in the watercourse(s). Methods for sample
collection will be included in the QAPP.
In addition to the collection of samples from the sites, a positive control sample will be collected.
The site for the positive control sample will be determined in consultation with City of Ukiah
staff and additional parties as necessary.
Water samples will be collected using standard collection methodologies, which will be provided
in the QAPP. Water samples will be treated as necessary in the field to maintain the integrity of
the sample and delivered to the laboratory for analysis within a period of time that will allow the
laboratory analysis to be initiated within the acceptable time frame required for the analytical
method of sample collection. The Aquatic Ecosystems Analysis Laboratory will maintain all
Chain of Custody (COC) forms for a period of 5 years after the termination of the project. COCs
can be faxed to the City of Ukiah to verify sample collection and adherence to the quality
assurance standards outlined in the QAPP.
In addition to water samples, standard water quality field measurements will be made at the time
of sample collection. These measurements include pH, water temperature, conductivity, and
dissolved oxygen. All procedures for making the measurements and instrument calibration
procedures will be outlined in the QAPP.
Water samples will be analyzed in the laboratory using standard methods and procedures to
detect and quantify caffeine, Bacteroides -Prevotella, and total fecal coliforms. These procedures
will involve the use of polymerase chain reaction techniques to amplify the DNA present in the
water samples. Full descriptions will be provided in the QAPP.
Task 5. Develop Sampling and Analysis Plans for the sampling events.
Task 6. Collect water from upstream, downstream, and positive control sites during the three
sampling events.
Deliverable 4. A minimum of three Sampling and Analysis Plans.
Deliverable 5. Chain of Custody forms verifying sample collection and adherence to quality
assurance standards.
Report Writing
At the time results are received from each sampling event, a brief technical memorandum will be
provided to the City of Ukiah summarizing the results of the analyses. These memoranda will be
expanded in an annual report and final report to be delivered to the City of Ukiah.
Task 7. Summarize event results in technical memoranda.
Task 8. Write the first annual report summarizing results_rom the 2006-07 winter wet weather
season and the 2007 dry season sampling.
Task 9. lTi-ite the final report.
Deliverable 6. Technical memoranda summarizing the results of each sampling and analysis
event.
Deliverable 7. Annual report summarizing results from the 2006-07 winter wet weather season
and the 2007 dry season sampling due November 1, 2007.
Deliverable 8. Final report due November 1, 2008.
urnmary of Tasks and DeNv rubles
Tasks
Task 1. Select candidate sample sites.
Task 2. Visit all candidate sites and select final site list in cooperation with the City of Ukiah
personnel and additional parties as necessary.
Task 3. Develop a draft QAPP for the project.
Task 4. Develop a final QAPP for the project.
Task 5. Develop Sampling and Analysis Plans for the sampling events.
Task 6. Collect water from upstream, downstream, and positive control sites during the three
sampling events.
Task 7. Summarize event results in technical memorandums.
Task 8. Write the first annual report summarizing results from the 2006-07 winter wet weather
season and the 2007 dry season sampling.
Task 9. Write the final report.
Deliverables
Deliverable 1. Annotated list of candidate sites with maps.
Deliverable 2. Final list ofsites with justification for site selection.
Deliverable 3. A Healthy Waterways Quality Assurance Project Plan.
Deliverable 4. A minimum of three Sampling and Analysis Plans.
Deliverable 5. Chain of Custody forms verifying sample collection and adherence to quality
assurance standards.
Deliverable 6. Technical memorandums summarizing the results of each sampling and analysis
event.
Deliverable 7. Annual report due November 1, 2007.
Deliverable 8. Final report due November 1, 2008.
Figure 1. Process for sample collection incorporating initial sampling for caffeine and additional
sampling for Bacteroides-Prevotellaand total fecal coliforms. Bacteria refer to both Bacteroides-
Prevotella and total fecal coliforms.
Collect sample and analyze
for caffeine 2006/2007
No
1. first -flush
2. wet weather
3. dry season
Caffeine
present
Yes
Collect follow-up sample during
next year and analyze for caffeine,
human coliform and total fecal
coliform
1. first -flush
2. wet weather
3. dry season
Determine if a
relationship exists
between caffeine
and bacteria
Technical Reports
1. Event
2. Annual
3. Final
EXHIBIT C
Budget
Item C ost Cost - Yr 1 Cost - Yr 2 Total Cost
Personnel
A. Wehrmann SRA II - 1 mo
100%
0.75
$3,319
a $2,489
$2,489
$4,979
B.G. Hammock SRA I -1 mo
0.75 $3,040 $2,280 $2,280
$4,560
J. Nickell Analyst - 1 mo @
100%
0.75
$4,030
$3,023
$3,023
$6,045
Benefit Rates @ 29%
$2,260
$2,260
$4,520
. �.
Total Personnel
$10,Q52.00 $10,052 $209104
Equipment
$0
Supplies
$1,500 $1,500 $3,000
Travel
$948
$948
$1,896
Off -campus Office
Rental/Utilities/Janitorial - 1
mo
0.5
$3,500
$1,750
51,750
$3,500
Total Direct Costs
$14,250
$14,250
$28,500
Indirect Costs (TDC -
Equipment costs and - lease r
costs @ 26%)
$3.,250
$3,250
$6,500
Total Costs
$17,500
$17,500
$35,000